07-17-18 CC Agenda Packet (entire) AGENDA
Regular Meeting of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
July 17, 2018
Immediately following the HRA meeting
1. CALL TO ORDER PAGES
A. Pledge of Allegiance
B. Roll Call
2. ADDITIONS AND CORRECTIONS TO AGENDA
3. CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no discussion
of these items unless a Council Member so requests in which event the item will be
removed from the general order of business and considered in its normal sequence on the
agenda.
A. Approval of Minutes:
1. City Council Meeting - July 3, 2018 2-4
B. Approval of City Check Register 5
C. Licenses:
1. Gambling License Exemption and Waiver of Notice Requirement - Cancer Legal
Care
6-8
D. Minutes of Boards and Commissions:
1. Planning Commission - May 30 and June 11, 2018 9-31
E. Bids and Quotes:
1. Approve purchase of a Step Van 32-46
F. Authorize Joint Powers Agreements with Minnesota Bureau of Criminal Apprehension
for Access to Criminal Justice Data Communications Network and the Court Data
Services Subscriber Amendment to the Subscriber Agreement 18-46
47-65
G. Award Contracts for 2018 Plymouth Avenue North Pavement Rehabilitation Project 66-83
1. Construction Contract
2. Construction Engineering Services
3. Cooperative Agreement No. PW 18-13-18 with Hennepin County
H. Authorize Meadowbrook School PUD No. 90, Amendment #4 - 5430 Glenwood Avenue 84-87
4. PUBLIC HEARINGS
A. Public Hearing - First Consideration - Ordinance #642 - Tennant Protection Ordinance 88-92
5. OLD BUSINESS
6. NEW BUSINESS
All Ordinances listed under this heading are eligible for public input.
A. First Consideration - Ordinance #643 - Golden Valley Human Services Fund City
Code Amendment and Bylaws Changes
93-105
B. Approve The Xenia Apartments PUD No. 113, Amendment #2 - 770 Xenia Avenue 106-118
C. Review of Council Calendar
D. Mayor and Council Communications
7. ADJOURNMENT
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
GOLDEN VALLEY, MINNESOTA
July 3, 2018
1. CALL TO ORDER
Mayor Pro-Tem Fonnest called the meeting to order at 6:30 pm.
1A. Pledge of Allegiance
1B. Roll Call
Present: Mayor Pro-Tem Larry Fonnest, Council Members Gillian Rosenquist and Steve
Schmidgall. Also present were: Physical Development Director Nevinski and City Clerk Luedke.
Absent: Mayor Harris and Council Member Clausen
2. ADDITIONS AND CORRECTIONS TO AGENDA
MOTION made by Council Member Schmidgall, seconded by Council Member Rosenquist to
approve the agenda of July 3, 2018, as submitted and the motion carried.
3. APPROVAL OF CONSENT AGENDA
MOTION made by Council Member Rosenquist, seconded by Council Member Schmidgall to
approve the consent agenda of July 3, 2018, as revised: removal of 3F-Adopt Resolution
approving appointment of the Election Judges and Absentee Ballot Board for the Primary
Election on August 14, 2018, and 3I-Execution of a Grant Agreement with the Department of
Natural Resources for the Decola Ponds B and C Improvement Project and the motion carried.
3A1. Approve Minutes of City Council Meeting - June 19, 2018.
3B. Approve City Check Register and authorize the payments of the bills as submitted.
3C1. Approve a temporary on-sale liquor license for The Loppet Foundation at 1301 Theodore
Wirth Parkway for August 25, 2018.
3C2. Approve a temporary on-sale liquor license for Church of St. Margaret Mary located at
2323 Zenith Avenue North for their Fall Festival on September 16, 2018.
3C3. Receive and file the gambling license exemption and approve the waiver of notice
requirement for The Church of St. Margaret Mary.
3D. Accept for filing the Minutes of Boards and Commissions as follows:
1. Environmental Commission - May 21, 2018
2. Open Space & Recreation Commission - April 23 and May 22, 2018
3. Bassett Creek Watershed Management Commission - May 17, 2018
3E1. Approve purchase of a 2019 Ford F-550 XLT Regular Cab from National Auto Fleet
Group in the amount of $51,812 and of a Palfinger Body from Aspen Equipment in the
amount of $76,630.
3E2. Approve purchase of sanitary sewer grinder pump from Minnesota Pump Works in the
amount of $25,386.59.
3F. Adopt Resolution 18-44, approving appointment of the Election Judges and Absentee
Ballot Board for the Primary Election to be held on August 14, 2018.
3G. Approve an extension until September 2, 2019, to submit the final plat for the property
located at 1017 Ravine Trail.
3H. Receive notification that the Metropolitan Council Environmental Services Golden Valley
Interceptor Rehabilitation Project will periodically exceed the construction hours of 7 am
to 10 pm for bypass pumping purposes.
3I. Adopt Resolution 18-45, authorizing Execution of a Grant Agreement with the
Department of Natural Resources for the Decola Ponds B and C Improvement Project.
Unofficial City Council Minutes -2- July 3, 2018
3. APPROVAL OF CONSENT AGENDA - continued
3J. Authorize a contract with Thomas & Sons Construction for the construction of the
Highway 55 West Public Improvement Project #15-22 in the amount of $1,250,804.13
and with Short Elliott Hendrickson, Inc. for additional design, observation, and
construction staking services on the Highway 55 West Public Improvement Project not to
exceed $126,570.
3. ITEMS REMOVED FROM THE CONSENT AGENDA
3F. Appointment of Election Judges and Absentee Ballot Board for the Primary
Election on August 14, 2018
Council Member Rosenquist reminded residents of the Primary Election on August 14 and she
thanked the election judges and absentee board for their service.
MOTION made by Council Member Rosenquist, seconded by Council Member Schmidgall to
adopt Resolution 18-44, approving appointment of the Election Judges and Absentee Ballot
Board for the Primary Election to be held on August 14, 2018, upon a vote being taken the
following voted in favor of: Fonnest, Rosenquist and Schmidgall, the following were absent:
Clausen and Harris, the following voted against: none and the motion carried.
3I. Execution of Grant Agreement with the Department of Natural Resources for the
Decola Ponds B and C Improvement Project
Physical Development Director Nevinski provided details on the grant agreement for the Decola
Ponds improvement project and answered questions from Council.
MOTION made by Council Member Rosenquist, seconded by Council Member Schmidgall to
adopt Resolution 18-45, authorizing Execution of a Grant Agreement with the Department of
Natural Resources for the Decola Ponds B and C Improvement Project upon a vote being taken
the following voted in favor of: Fonnest, Rosenquist and Schmidgall, the following were absent:
Clausen and Harris, the following voted against: none and the motion carried.
4. PUBLIC HEARINGS
5. OLD BUSINESS
6. NEW BUSINESS
6A. Review of Council Calendar
City Offices will be closed on July 4, 2018, in observance Independence Day.
Some Council Members may attend the Market in the Valley on July 8 and July 15, 2018, from 9
am to 1 pm in the City Hall Campus Parking Lot.
Some Council Members may attend the Ice Cream Social and Concert in the Park featuring the
John Sousa Band on July 9, 2018, at Brookview Park.
Some Council Members may attend an Isaacson Park Facility Improvements Celebration on
July 10, 2018, from 5 to 6:15 pm at Isaacson Park.
Unofficial City Council Minutes -3- July 3, 2018
6A. Review of Council Calendar
The next Council/Manager meeting will be held on July 10, 2018, at 6:30 pm.
A Concert in the Park featuring the Banjo Boys will be held on July 16, 2018, at 7 pm at
Brookview Park.
A Housing and Redevelopment Authority meeting will be held on July 17, 2018, at 6:30 pm in
the Council Chambers.
The next City Council meeting will be held on July 17, 2018, immediately following the HRA
meeting.
6B. Mayor and Council Communication
No action and/or discussion took place.
7. ADJOURNMENT
MOTION made by Council Member Schmidgall, seconded by Council Member Rosenquist and
the motion carried to adjourn the meeting at 6:47 pm.
_______________________________
Larry Fonnest, Mayor Pro-Tem
ATTEST:
__________________________
Kristine A. Luedke, City Clerk
Executive Summary For Action
Golden Valley City Council Meeting
July 17, 2018
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
July 17, 2018
Agenda Item
3. C. 1. Gambling License Exemption and Waiver of Notice Requirement - Cancer Legal Care
Prepared By
Kris Luedke, City Clerk
Summary
As per State Statute organizations that conduct gambling within the City limits have to submit an
application for a lawful gambling permit to the State after the permit has been approved or
denied by the City. Depending upon the timing of the permit the applicants may request the City
to waive the 30-day waiting period.
Attachments
• Application for Exempt Permit (2 pages)
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for Cancer Legal Care.
MINNESOTA LAWFUL GAMBLING 11/17
LG220 Application for Exempt Permit Page 1 of 2
An exempt permit may be issued to a nonprofit Application Fee (non-refundable)
organization that: Applications are processed in the order received. If the application
conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event, the
awards less than $50,000 in prizes during a calendar application fee is $100; otherwise the fee is $150.
year.
If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of
1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite
your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted.
ORGANIZATION INFORMATION
Organization
f
Previous Gambling J a
Name: fl LPG,J a' Permit Number: XZ Iy - IH -DO
Minnesota Tax ID
t Y 1
Federal Employer ID b _ ti o a.Number, if any: IGLV r,ap Number(FEIN), if any:
Mailing Address: U2 R n e I tr u ve, Slu-e
City: ATc(Qn Jh((S State: Y ) Zip: <9-D I County:
Q MSec--j
Name of Chief Executive Officer (CEO): i nr)(A/-/C:tA
1
CEO Daytime Phone: CEO Email: 1 r1GrCZy1e'L re " v
permit will be emailed to this email address unless otherwise indicated below)
Email permit to (if other than the CEO):
NONPROFIT STATUS
Type of Nonprofit Organization (check one):
Fraternal Religious Veterans Other Nonprofit Organization
Attach a copy of one of the following showing proof of nonprofit status:
DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.)
A current calendar year Certificate of Good Standing
Don't have a copy? Obtain this certificate from:
MN Secretary of State, Business Services Division Secretary of State website, phone numbers:
60 Empire Drive, Suite 100 www.sos.state.mn.us
St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767
IRS income tax exemption (501(c)) letter in your organization's name
Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the
IRS toll free at 1-877-829-5500.
IRS -Affiliate of national, statewide, or international parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of both of the following:
1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and
2. the charter or letter from your parent organization recognizing your organization as a subordinate.
GAMBLING PREMISES INFORMATION
Name of premises where the gambling event will be conducted --
eP i I s C ( Li-6"Dforraffles, list the site where the drawing will take place):
Physical Address (do not use P.O. box):
L ( Woo -06jzfr i V
Check one: C-61 ctevi V u ec (I P ff V1Y eCity: Zip: County: I P-l
Township: Zip: County:
tel
Date(s) of activity (for raffles, indicate the date of the drawing):
eSen4-em k-)e-QV
Check each type of gambling activity that your organization will conduct:
dRaffleBingoPaddlewheelsPull-Tabs Tipboards
Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull-tabs, and tipboards must be obtained
from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection
devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to
www.mn.gov/gcb and click on Distributors under the List of Licensees tab, or call 651-539-1900.
11/17
LG220 Application for Exempt Permit Page 2of2
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to
the Minnesota Gambling Control Board)
CITY APPROVAL COUNTY APPROVAL
for a gambling premises for a gambling premises
located within city limits located in a township
The application is acknowledged with no waiting period. he application is acknowledged with no waiting period.
The application is acknowledged with a 30-day waiting he application is acknowledged with a 30-day waiting
period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after
60 days for a 1st class city). 30 days.
FIThe application is denied.
ff
fhe application is denied.
Print City Name: rs01don Print County Name:
Signat e of City Per onnel: Signature of County Personnel:
Title:( Q l Date:Title:_ Date:
TOWNSHIP (if required by the county)
On behalf of the township, I acknowledge that the organization
is applying for exempted gambling activity within the township
The city or county must sign before limits. (A township has no statutory authority to approve or
submitting application to the
deny an application, per Minn. Statutes, section 349.213.)
Gambling Control Board.
Print Township Name:
Signature of Township Officer:
Title: Date:
CHIEF EXECUTIVE OFFICER'S SIGNATURE (required)
The information provided in this application is e a accute to the best of my knowledge. I acknowledge that the financial
report will be completed and returned to the oard wi in days of the event date.
j
Chief Executive Officer's Signature: Date:
Signat must be EO's si ature,designee may not sign)
Print Name:
nGl
REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS
Complete a separate application for: Mail application with:
all gambling conducted on two or more consecutive days; or a copy of your proof of nonprofit status; and
all gambling conducted on one day.
application fee (non-refundable). If the application is
Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event,
conducted on the same day. the application fee is$100; otherwise the fee is$150.
Financial report to be completed within 30 days after the Make check payable to State of Minnesota.
gambling activity is done: To: Minnesota Gambling Control Board
A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South
and return the financial report form to the Gambling Control Roseville, MN 55113
Board.
Questions?
Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at
3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651-539-1900.
Data privacy notice: The information requested application. Your organization's name and ment of Public Safety;Attorney General;
on this form(and any attachments)will be used address will be public information when received Commissioners of Administration, Minnesota
by the Gambling Control Board(Board)to by the Board. All other information provided will Management&Budget,and Revenue; Legislative
determine your organization's qualifications to be private data about your organization until the Auditor, national and international gambling
be involved in lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies; anyone pursuant to court
Minnesota. Your organization has the right to the permit,all information provided will become order; other Individuals and agencies specifically
refuse to supply the information; however, if public. If the Board does not issue a permit,all authorized by state or federal law to have access
your organization refuses to supply this information provided remains private,with the to the information; individuals and agencies for
information,the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or
determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was
as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent.
If your organization supplies the information members, Board staff whose work requires
requested,the Board will be able to process the access to the information; Minnesota's Depart-
This form will be made available in alternative format(i.e. large print, braille)upon request.
An equal opportunity employer
Regular Meeting of the
Golden Valley Planning Commission
May 30, 2018
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,
May 30, 2018. Chair Baker called the meeting to order at 7 pm.
Those present were Planning Commissioners Angell, Baker, Black, Blum, Brookins,
Johnson, Pockl, and Segelbaum. Also present was Planning Manager Jason
Zimmerman and Planning Intern Amy Morgan.
1. Approval of Minutes
May 14, 2018, Regular Planning Commission Meeting
MOVED by Segelbaum, seconded by Johnson and motion carried 6 to 0 to unanimously
to approve the May 14, 2018, minutes as submitted. (Commissioner Blum arrived after
this item.)
2. Informal Public Hearing – Major PUD Amendment – PU-91, The Luther
Company, Amendment #4
Applicant: The Luther Company
Address: 8905 Wayzata Blvd.
Purpose: To allow for an expansion of the existing building and reconfigure the
display and parking areas at the front entrance of the Jaguar/Land
Rover dealership.
Zimmerman referred to a site plan and noted that the PUD was created in 2001 and has
been amended several times. He explained that the applicant is seeking approval of a
Major PUD Amendment to allow for an expansion of the existing Jaguar/Land Rover
showroom which would expand the building and in turn push the parking within the front
yard setback area along the south. In exchange, the applicant would remove over 2,000
square feet of impervious surface area from the western portion of the property.
Zimmerman stated that existing sidewalk connection into the site would be maintained. He
explained that two trees would need to be removed and four trees would be planted and
that a Tree and Landscape Permit will be needed to verify plantings and protect existing
trees. He added that the showroom would have new aluminum cladding to enhance the
building’s appearance.
Zimmerman stated that staff is recommending approval of the proposed PUD Amendment
with a condition stating that all vehicle deliveries shall take place on-site and shall not take
place on the street.
Minutes of the Golden Valley Planning Commission
May 30, 2018
Page 2
Blum referred to the staff report regarding the removal of trees and asked for clarification
about how many trees will be removed and how many new ones would be planted.
Zimmerman stated that two trees will be removed and four will be planted.
Segelbaum noted that there isn’t much landscaping on this site and asked if the City has
discussed enhancing that with the applicant. Zimmerman referred to an aerial photo and
discussed the landscaped areas. He added that the screening requirements don’t apply to
properties in this zoning district. Segelbaum asked about additional landscaping along the
west side of the property. Zimmerman said staff has not asked for any additional
landscaping other than what is required in the City Code.
Johnson referred to the area where the parking expansion is proposed and asked about the
difference between parking areas and display areas. Zimmerman pointed out the parking
areas used for customer parking and the existing display area that will be removed and
used for parking and will encroach into the setback area.
Steve Sabraski, Landform Professional Services, representing the applicant, clarified that
the proposed encroachment into the front setback will not be any greater than what is
currently there though it would be wider. He said he does see opportunities for enhanced
landscaping as well. Baker asked if there are landscaping opportunities elsewhere on the
site. Sabraski said they are hoping to only impact and further enhance the areas proposed
for change, not in other locations on the property as it may cause further issues. Baker
asked how the area along the west side will be restored to permeable surface. Sabraski
said it will mostly be turf along with two trees and additional shrubs. He added that it isn’t
really a visible area so they don’t want to add too much landscaping there.
Johnson asked about the parking calculations and requirements. Sabraski stated that they
are adding a total of six parking spaces to the site and they feel they are able to
accommodate the needs of their customers and employees on the site. Zimmerman stated
that the parking numbers all fall within what is allowed in the PUD.
Baker asked if the applicant has taken the City’s lighting requirements into account.
Sabraski stated that they are not proposing any enhancements to the existing lighting as a
part of this application. Blum asked if the previous lighting requirements are grandfathered
in and if past or present lighting rules are being followed with this proposal. Zimmerman
explained that if lighting fixtures aren’t being removed or replaced they can stay as they
are. Blum clarified that the City is not requiring the applicant to upgrade their lighting to
conform to the current rules. Zimmerman stated that the City is not requiring the applicant
to change their existing lighting fixtures, but if they add new lighting that will have to
conform to the current rules.
Baker opened the public hearing. Seeing and hearing no one wishing to speak Baker
closed the public hearing.
Blum said he appreciates when a stakeholder invests and improves what they have and he
finds there is low value in parking lots so he likes the fact that the applicant is swapping
improved land for parking lot. He said he knows there has been discussion about the value
Minutes of the Golden Valley Planning Commission
May 30, 2018
Page 3
dealerships bring to the community and said he is interested in knowing how the Planning
Commission feels about being more assertive regarding requiring more landscaping and
conforming lighting. Segelbaum said he hopes the applicant would be willing to enhance
their landscaping. Baker said the increase in pervious surface is the applicant’s gesture to
enhance the landscaping but he doesn’t want to see grass planted there. He added that a
PUD should benefit the City and one could argue the City is getting an increase in pervious
surface. He stated that he doesn’t think there should be a requirement regarding enhanced
landscaping but he would like to recommend enhanced landscaping at least in the area that
is proposed to be converted to pervious surface. Blum suggested adding a condition that
says the landscaping has to meet the satisfaction of staff and Council. Johnson said he
wants to be careful about unintended consequences and added that increased sales and in
turn increased taxes are a “give back” to the City. He suggested partnering with the
applicant and other dealerships about their needs and objectives.
Baker said that in regard to lighting he is concerned about changing the grandfathered
precedent that is already in place because there is a lot of existing lighting in the City that is
out of compliance. Blum asked the Commissioners how they feel about setting a deadline
requiring the applicant to bring the lighting into compliance. Johnson said he thinks
deadlines are good. Baker asked if that would be an ordinance change. Blum said no, it
would just be a deadline for bringing the lighting into compliance that is tied to the approval
of the PUD Amendment. Baker said he likes the idea, but not necessarily with this
proposal. Angell agreed that the idea of deadlines should be talked about further at a later
date. He added that it is rare that a dealership is willing to give up impervious surface plus
with the additional landscaping a benefit is being provided. Segelbaum agreed that the idea
of setting deadlines should be further discussed in the future, but not for this proposal.
MOVED by Blum, seconded by Angell and motion carried unanimously to recommend
approval of the Major PUD Amendment plan for The Luther Company PUD No. 91, subject
to following findings and conditions:
Findings:
1. The modifications do not negatively impact the overall quality of the site.
2. The proposal does not significantly impact desirable portions of the site’s
characteristics. It does remove an impervious area and provides a better opportunity
to positively impact infiltration and stormwater quality.
3. The proposed amendment would utilize land efficiently by allowing for the
improvement of an established business in an existing building.
4. The use being proposed remains consistent with the City’s Comprehensive Plan
which calls for the preservation and expansion of facilities housing major employers.
5. The PUD amendment would not impact the general health, safety, or welfare of the
people of the City.
6. The proposed modification does not conflict with the standards applied to the
existing PUD and does not invalidate the Intent and Purpose provision of the City
Code.
Conditions:
1. All vehicle deliveries shall take place on-site and shall not take place on the street.
Minutes of the Golden Valley Planning Commission
May 30, 2018
Page 4
2. The applicant shall submit a landscaping plan that meets the approval of staff and City
Council.
3. Informal Public Hearing – General Land Use Map Amendment – 5530-5540
Golden Valley Road and 1530 Welcome Avenue North – CPAM-68
Applicant: Watermark Senior Living Community of Golden Valley, LLC
Address: 5530-5540 Golden Valley Road and 1530 Welcome Avenue North
Purpose: To change the designation on the General Land Use Map from Low
Density Residential to Medium-High Density Residential
4. Informal Public Hearing – Property Rezoning – 5530-5540 Golden Valley Road
and 1530 Welcome Avenue North – ZO11-17
Applicant: Watermark Senior Living Community of Golden Valley, LLC
Address: 5530-5540 Golden Valley Road and 1530 Welcome Avenue North
Purpose: To rezone the property from Commercial and Single Family (R-1)
Residential to Medium Density (R-3) Residential
Items 3 and 4 were presented and discussed together.
Zimmerman referred to a location map and stated that the Comprehensive Plan guides all
three properties for Low Density Residential uses and that two of the properties are zoned
Single Family Residential and one is zoned Commercial.
Zimmerman explained the applicant’s proposal to amend the General Land Use map to
guide the properties from Low Density Residential use to Medium-High Density
Residential use and to amend the Zoning Map to rezone the properties from Commercial
and Single Family (R-1) Residential uses to Medium Density (R-3) Residential use. He
stated that all three properties were purchased by Watermark Senior Living Community of
Golden Valley with the intent to construct a senior care facility.
Zimmerman stated that the Planning Commission should be examining the
appropriateness of the land use and zoning changes and not the detail of any specific
project which could be submitted in the future. He added that some concepts have been
shared with staff and the neighborhood, but the important thing to focus on is what this
land use and zoning could accommodate which could be senior living or it could be
something else.
Zimmerman explained that the Medium-High Density land use could accommodate
residential uses (townhomes, apartments, condominiums, etc.) at densities of up to 20
units per acre. He stated that the Medium Density (R-3) zoning category would allow:
housing at densities of up to 10 units per acre and up to 4 stories in height, senior or
Minutes of the Golden Valley Planning Commission
May 30, 2018
Page 5
disability housing of up to 12 units per acre and up to 5 stories in height with a Conditional
Use Permit, residential facilities (licensed by the State) serving more than 25 persons with
a Conditional Use Permit, and accessory retail, restaurant, or office uses on the ground
floor within a multi-family building with 20 or more units with a Conditional Use Permit.
Zimmerman discussed the history of the properties and stated that 5530 Golden Valley
Road was occupied by Peaceful Valley Montessori but has been vacant since they
relocated late in 2015. 5540 Golden Valley Road and 1530 Welcome Avenue are single-
family properties and are also currently vacant.
Zimmerman stated that a neighborhood meeting was held on May 17 with approximately
12 attendees. Many of the neighbor’s questions and concerns were regarding traffic,
parking, noise, and the height/massing of the potential building. He added that staff also
received 13 emails expressing similar concerns.
Zimmerman referred to an aerial photo of the properties and discussed the current and
potential building envelopes, massing/height, and parking allowed. He noted that a new
commercial property could not be built on the corner lot without variances because it is
currently non-conforming. He referred to the traffic on the site and noted that staff has
directed all access to be off of Lilac Drive to avoid Welcome Avenue and Golden Valley
Road. In regard to noise, Zimmerman noted that any use must follow the City Code
requirements regarding excessive noise.
Johnson asked how traffic enforcement would work and how using Golden Valley Road or
Welcome Avenue would be prevented. Zimmerman stated that a new development would
have to get a right-of-way permit to put in a new driveway access on Lilac Drive.
Zimmerman discussed the evaluation of the site and stated that when this area was
evaluated during Comprehensive Plan discussions, the Planning Commission was
undecided on how to guide this area so it was left as Low Density Residential. He
reiterated that as a Commercial property 5530 Golden Valley Road is not buildable. He
stated that the site is at the junction of a single-family neighborhood, office uses, and a
major highway so a Medium Density use could act as a barrier between Highway 100 and
the single-family neighborhood and could be a transition to the office building to the south.
He added that Golden Valley has a growing need for senior facilities, as demonstrated by
the demographic and market study conducted in 2017.
Zimmerman stated that staff is recommending approval of the General Land Use Map
and Zoning Map amendments and that approving these amendments is a completely
discretionary decision by the City Council and there are no findings or standards that
have to be met.
Segelbaum asked if there is a request to consolidate these three properties into one lot.
Zimmerman said that request is not on this agenda, but a consolidation/re-platting would
be required to build a senior building or a different project.
Minutes of the Golden Valley Planning Commission
May 30, 2018
Page 6
Baker asked how long Peaceful Valley Montessori was located at 5530 Golden Valley
Road. Zimmerman said he didn’t know exactly how many years Peaceful Valley was
located there, but prior to that it was a gas station followed by several other uses. Baker
asked how long the office park to the south has been there. Zimmerman said he wasn’t
sure but thinks it has been there for at least 20 years. Baker asked about the size of the
office park. Zimmerman said there is a smaller building on the corner and a larger building
just to the south.
Johnson asked when the City becomes concerned about blight. Zimmerman said there is
some desire to have these properties improved. He said there have been a few inquiries
regarding commercial uses, but he thinks it is a difficult corner for a commercial use and
that when Golden Valley Road used to go through it was probably a better location for
commercial uses.
Brookins asked about the setback requirements for this site. Zimmerman stated that for
an R-3 property the front setbacks from all three front property lines would be 25 feet and
the setback from the north property line would be 35 feet. He stated that for a Commercial
property the setbacks would be 50 feet from R-1 properties and 35 from the front property
lines which would not leave a buildable area.
Black asked if there is anything stopping the Planning Commission from recommending
the properties be rezoned to R-2 instead of R-3. Zimmerman said that is not what is being
requested, but the Commission could ask the applicant if he is interested in doing that.
Angell referred to the office buildings to the south and asked what the City Code allows
for height on those properties. Zimmerman stated three stories is the maximum height in
that zoning district.
Blum stated that one of the residents’ concerns was noise and asked if there are noise
ordinances specific to this kind of property. Zimmerman said there is a broad noise
ordinance for the entire City. He added that the City doesn’t really have a lot of control
regarding noise outside of a Conditional Use Permit where specific conditions can be
placed on a particular use.
Segelbaum asked if there will be any sort of review of the traffic. Zimmerman stated that if
the properties were rezoned to R-3 and a specific proposal was submitted one of the
items reviewed would be the capacity of the site and the amount of traffic generated.
Segelbaum asked whose decision it is to require a traffic study. Zimmerman stated that it
is typically the City Engineer’s decision depending on what is being proposed. Blum
asked about on-street parking in the area. Zimmerman said he believes currently there is
no parking allowed on Lilac Drive and Golden Valley Road, but there is parking allowed
on Welcome Avenue. Blum asked if a neighborhood can apply to allow for parking by
permit. Zimmerman said there are a few places in the City where residents have applied
for resident-only parking. Blum asked if this proposed change would restrict people from
asking for resident-only parking. Zimmerman said no, they could ask the Council.
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May 30, 2018
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Todd Ofsthun, TCO Design, representing the applicant, stated that Watermark Senior
Living is only interested in using this site for an assisted living facility. Baker noted that the
applications are for General Land Use Map and Zoning Map amendments and asked
about the intent of providing so much detail that is not relevant to the applications. Ofstun
said they started this process with the Conditional Use Permit application, but there is a
Met Council deadline of July 1 for Land Use Map amendments, so they shifted their focus
on doing the Land Use Map and Zoning Map amendments first.
Segelbaum said he thinks it is important that the applicant be given the opportunity to
speak to some of the concerns that have been raised by the neighbors about their
proposal. Baker said he would discourage the neighbors from speaking about the specific
proposal because everyone needs to be mindful that this meeting is only about the Land
Use and Zoning Map amendments at this point. Segelbaum said the Land Use and
Zoning Map amendments in theory give the applicant the opportunity to do their proposal
so he thinks it is relevant to talk about the proposal and types of uses that may be put in
at this site. Baker agreed that the broad types of uses should be discussed but not this
one specific proposal because a number of uses could go here if the land use and zoning
are changed.
Segelbaum asked Ofstun if he thinks their proposed use fits in with this neighborhood.
Ofstun said absolutely and in particular, noise and traffic are less of an issue with a senior
living facility than other types of commercial uses.
Segelbaum asked Ofstun if he thinks the potential four or five story senior building would
fit in with this neighborhood. Ofstun said they are not proposing that. They are proposing
to fit a building into the hill and a building that fits on the site.
Baker opened the public hearing.
Mike Nelson, 1310 Welcome Avenue North, said he is opposed to these proposals
because allowing a potential four or five story building will bring more traffic and more
noise than what could be proposed by the applicant which brings a graver, deeper
concern. He said he moved here for a single family neighborhood and this is a great
neighborhood and he worries deeply about the incoming construction of a potential five
story apartment building in their little neighborhood. He said there is truly no need for it
because this area is so wonderful and truly a single family neighborhood. He said he
worries about bringing more people into the neighborhood that don’t live there because
they are going to park on the street right in front of his house all the time and a giant
facility just doesn’t fit. He added that he is speaking on behalf of Carolyn and Don Hanson
at 5700 Golden Valley Road, Amy Strange at 5725 Golden Valley Road, and Ann
Hoffman at 1102 Welcome Avenue North who also oppose the proposal.
Steve Miller, 1316 Welcome Avenue North, said it is a small neighborhood and they all
know each other quite well. He said at the neighborhood meeting they were shown a
specific building plan so he doesn’t want to pretend that isn’t what people are talking
about. He said it is a large building and they were told there would be 43 residents plus
24 hour per day staff so there will be parking on his street. He said the applicant has
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May 30, 2018
Page 8
bought the three properties and questioned why they are talking about zoning now when
the City doesn’t know what is being built. He referred to the staff report and stated that
staff is recommending approval before this meeting which tells him the City isn’t really
interested in the neighbors’ thoughts about their own neighborhood which bothers him.
Brittany Remme, 1614 Welcome Avenue North, said that expanding these properties to a
higher density is going to be a disaster on this street. She said there is no parking allowed
on Lilac Drive or on Golden Valley Road so people will park on her street. She said there
is no sidewalk and if cars are allowed to park on both sides of Welcome Avenue only one
car will be able to drive down the street. She said her street will be affected the most and
she has a child and dog and this is a single family residential area and there are plenty of
other places for higher density buildings around the neighborhood. She encouraged the
Planning Commission to look at the area and they will see that it is not a fit at all for
medium density living. She said she knows that the 1530 Welcome Avenue property has
only been vacant since April and before that a family lived there that had a baby her son
would have been friends with and she wants this area to stay single family homes.
Pam Witucki, 1136 Welcome Circle, said she is also speaking for John and Jenny Dennis,
1133 Welcome Circle. She said she loves this neighborhood and the people in it. She
said she grew up on a tree lined street and the neighborhood changed so they had to
move and they found this neighborhood. She said her kids can play in the street, they can
see everyone that comes in and out, and they know everyone. She said they drive slowly
in their neighborhood but people who get lost come down the street and drive very fast
and her dog has been hit by a car. She said having parking on the street will have people
going in and out of their cars and driving too fast and this is going to be a disaster waiting
to happen and is not a good fit for their neighborhood. She said the building won’t look
right and will look like a mountain right in the middle of the neighborhood.
Pam Wandzel, 1220 Welcome Avenue North, said she has seen some changes in the
neighborhood since she has lived here because of the encroachment of commercial
properties. She said she agrees with what her neighbors have been saying and agreed
that it is a very tight, friendly neighborhood. She said she is frightened about changes and
said that since PRISM has gone in there has been increased traffic. She said strangers
are already parking on their streets during their lunch hours because there aren’t a lot of
restaurants in the area. She said people also cut through their neighborhood from
Highway 100 and she is really concerned about additional commercial properties
encroaching on the neighborhood.
Francine Kuplic, 1107 Welcome Avenue North, said the Commission is naive to think that
the very company requesting this land use change would do anything except a senior
living facility. She said the applicant has said that is what they are going to do at the
neighborhood meeting and at this meeting. Regardless, the arguments are the same
whether this is an apartment, condominium, or senior living facility. She said she is
concerned about traffic, noise, and parking. She said she and her husband used to live at
the Lake Calhoun apartments and there was no parking ever available and that she
moved to Golden Valley so she would not have to deal with parking in front of her
residence. She said she doesn’t want people wandering around the neighborhood looking
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May 30, 2018
Page 9
for parking. She said she is concerned about the safety of the children who play in the
street if there is additional traffic in the neighborhood. She added that she questions if she
would want to raise children here if there is a large residential facility in the neighborhood.
Grace Reilly, 1325 Welcome Avenue North, said she would like the properties to be
zoned residential. She said her biggest concern is the safety of the children in the
neighborhood and that “neighbor” would be taken out of the neighborhood if this building
is built. She said they all know each other, look out for each other, and appreciate each
other in this neighborhood.
Georgeann Wobschall, 1503 Welcome Avenue North, said her view will be impacted by
anything constructed here and that the size of the building impacts the entire
neighborhood. She said she grew up in St. Paul where there are many trees and trees
are important to her. She said there have been health studies done on the importance of
trees on the air we breathe and that any construction would end up cutting down several
trees and that planting new trees is not the same as mature trees that help cut down on
noise as well. She said parking is a major concern too and that there have been
construction vehicles in front of her house all winter because of a new home being built
on Golden Valley Road.
Marilyn Miller, 1316 Welcome Avenue North, requested that the Planning Commission
recommend keeping the zoning as R-1 and not R-3 for the sheer volume of traffic that
could occur with what is allowed in R-3. She said she thinks with the structure of the
surrounding streets people have to find parking on Welcome Avenue and Xenia Avenue.
She said there are no sidewalks so they also have to walk in the streets. She said the
suppliers that serve these types of buildings also cause problems with noise and that a
structure that is two to five stories in height towering over their backyards is an invasion of
privacy.
Christine Nelson, 1310 Welcome Avenue North, said she is also speaking on behalf of
Angela Julin at 1305 Welcome Avenue North. She said her concerns are around safety
particularly the increase in traffic. She said she is also concerned about the extra noise
from an apartment building or a senior building in this location because they moved from
downtown Minneapolis to get away from noise. Another concern is the impact to the
whole community in regard to the people coming in, the people that are leaving, and the
taxes the City gets. She said her property backs up to the existing office building and they
have had significant issues. One issue was finding glass shards in her dog’s mouth
because the office building doesn’t shut their trash cans. She said they have found rubber
gloves, half eaten ingredients, and trash that she plans to bring to a future City Council
meeting. She said the office building also blows trash into her yard with their leaf blowers
so there are a lot of unintended consequences that happen with properties other than
single family homes and she want the Commission to know that a three story building is
not going to fit.
Dan Supalla, 5505 Phoenix Street, said he and his husband are asking that the
Commission recommend that the parcels not be re-guided and rezoned to allow higher
density. He said he heard early in this meeting that during the Comprehensive Plan
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May 30, 2018
Page 10
update process the Planning Commission really didn’t know what to do with these
properties other than to keep them as low density, single family homes and that is how he
thinks they should stay. He said he thinks the Maxfield Study done in March of 2015
regarding the types of housing the City needs and how to balance the different uses was
important and the Commission doesn’t have enough information to make an informed
recommendation to the City Council. He said he doesn’t see a four or five story building
fitting into this neighborhood. He noted that the staff report stated that a building in this
location may provide a buffer from the highway but if that is the case there are a lot
homes along highways in the City where allowing these types of buildings would
completely change the character of the neighborhoods and change the way the City puts
together the Comprehensive Plan. He said the City Council needs to balance the need for
single family homes with other types of housing and that no one is arguing about the need
for senior housing but these properties are designated for single family homes and that
would be taken away if these properties are re-guided and rezoned. He asked that this
request be denied.
Ryan Thompson, 1200 Welcome Avenue North, said he and his wife plan to raise their
family in this neighborhood. He referred to the welcome statement in the CityNews and
noted that it says in part “…being a supportive and united community.” He said he thinks
this “spot” rezoning will designate a wedge separating the two aspects of their community,
driving them apart and creating a significant influx of traffic, potentially higher crime, and
the potential for incidents and accidents on residential streets. He said the CityNews also
talks about floodplain management and stormwater resources and he thinks changing the
zoning and the use of the properties will significantly contribute to the problems the City is
already experiencing. He implored the Commission to think about what it would be like to
separate this neighborhood into two sizeable chunks that would also separate the
connections people have with each other.
Gary Grenzer, 1525 Welcome Avenue North, said having a building that will tower 20 to
40 feet higher than the surrounding homes is not going to be pleasant site. It will
obliterate the view and remove many mature trees. He said he is wondering why other
locations aren’t being considered such as the site six blocks away on Douglas Drive that
is already zoned R-4. He said it is inappropriate to rezone these properties to R-3.
Cheri Anderson, 5625 Phoenix Street, said she considers this area one big neighborhood.
She said she thinks every house in the area has a child or a dog or both and she
recommends doing a traffic study in the future because this is a busier street than the City
might imagine. She stated that the property that is currently zoned Commercial really
hasn’t had businesses that are that busy and it doesn’t face the neighborhood so it hasn’t
been an issue, but she is against this proposal that will divide the neighborhood in half.
Jon Kennelly, 1620 Welcome Avenue North, said he shares all of his neighbors’
concerns. He said he hasn’t heard the alternative to what will happen if these properties
are not rezoned and questioned if the known concerns are worse than the unknown
concerns.
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Page 11
Matt Bartholomew, 1240 Welcome Avenue North, said he agrees with everything his
neighbors have said. He added that residential housing is at historically low levels
especially in Golden Valley so that is what should remain.
Kari Nelson, 1324 Welcome Avenue North, said she agrees with her neighbors and is
opposed to this proposal. She said in the previous public hearing discussion there was
talk about taking out two shrubs at the dealership and that this proposal would destroy so
much wildlife and nature. She said it is cool to see deer, fox, and bald eagles and she
thinks this is a horrible idea.
Julie Grenzer, 1525 Welcome Avenue North, said she’s had deer, fox, mallards, and a lot
of wildlife in her yard. She said if these properties are zoned to R-3 the wildlife will be
demolished. She added that if these properties are zoned R-3, all of the property values
will go down which will mean a decrease in income to the City from property taxes.
Seeing and hearing no one else wishing to comment, Baker closed the public hearing.
Johnson asked if they could review the City’s recommendations again. Zimmerman
explained that there is nothing in the Zoning Code or Comprehensive Plan that states
findings that must be determined in order to re-guide or rezone a property, it is at the
discretion of the City Council to determine if the use is appropriate. Baker noted that other
applications have very pointed sets of criteria that have to be considered. He stated that
the one that has always struck him as compelling is maintaining the character of the
neighborhood and said even though that isn’t required in this case it is something that can
be considered. Zimmerman agreed.
Black said he found six core areas that the resident’s concerns followed and suggested
the Commission talk about each one. Traffic and safety was a clear theme and they need
to analyze how much traffic is going to occur in the neighborhood as a result of this
proposal. He said another area of concern was parking and that any large development is
going to have problems providing a significant number of parking spaces. Noise was also
a concern that is natural for a large development. Height was another concern and as the
building gets to be three to five stories it starts to stand out. Another concern was the
general idea of fitting in, or the character of the neighborhood. And the last group of
concerns was what to do with this area if the City does, or does not, want higher density
or this particular proposal.
Baker said one of the questions was why does the City talk about rezoning the property
first. He explained that is what the law requires. Land has to be classified properly to
allow support for what an applicant wants to do. Zimmerman added that a zoning
classification gives the City options.
Baker said another question was what happens if the Council denies the applicant’s
request. He stated that the landowner could chose to sell the properties or redevelop
them residentially. Zimmerman stated that the same uses for the two R-1 properties could
continue and that the commercial property on Lilac could be used commercially unless it
is rezoned and re-guided as part of the Comp Plan update process. He added that no
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May 30, 2018
Page 12
other types of uses could occur unless the properties were zoned differently. Blum
clarified that the property located at 1530 Welcome Avenue North and the property
located at 5540 Golden Valley Road are currently zoned Residential (R-1) and the
property located at 5530 Golden Valley Road is currently zoned Commercial. Zimmerman
said that is correct and clarified that the property at 5530 Golden Valley Road is guided
for Low Density Residential use in the Comp Plan and that the zoning will eventually have
to match the land use designation.
Johnson referred to the question regarding the City having enough information to make a
decision. Segelbaum said it is a legal issue and that the Code dictates what information is
required. Zimmerman stated that the City has everything that is needed legally.
Blum referred to the question regarding what happens if the properties aren’t rezoned. He
said that question relates to what is important to the neighborhood and he thinks the City
has considered R-2 zoning in similar areas. He added that if the R-3 zoning isn’t
approved the applicant could come back with a proposal for something else or a different
zoning district. Baker agreed and added that the two properties that are already zoned
R-1 could stay R-1 and the Commercial property could be zoned differently.
Johnson referred to the question about the applicant considering other locations. Baker
said the City can’t recommend other locations to the applicant, they are free to explore
their options as they wish. He said he assumes the applicant has explored all of their
options and they are compelled to choose this location.
Blum referred to the comments regarding trees and wildlife. He asked about the rights of
the property owner to do whatever they wish with the trees on these properties.
Zimmerman said if a property owner has a single family property and wants to remove all
of their trees they have the right to do that. However, if a development is occurring the
City has minimum standards regarding of how many trees and shrubs are required and a
tree and landscaping plan required.
Baker referred to the comments and concerns about parking. He said he understands
parking is currently not allowed on Golden Valley Road or on Lilac Drive and any
available parking would be on Welcome Avenue and Phoenix Street. He asked what the
rules are regarding permit parking. Zimmerman said there are a few instances where
resident-only parking has been granted. He explained that the parking standards in the
City Code require that parking be accommodated on-site and that street parking spaces
don’t count toward the required number of parking spaces.
Baker asked the Commissioners if they think there is a compelling need for a traffic study.
Segelbaum said if small townhouses were built there would be no need for a traffic study.
Blum said if the landowner is allowed to go up to the limits of R-3 then it would be
appropriate to study the impact of those limits, especially since this is a totally different
kind of use in the neighborhood. Segelbaum said the City will consider traffic when a
specific plan is submitted. Baker said he doesn’t think it would be fair to table or deny this
proposal because of the lack of a traffic study. Brookins said he doesn’t think a traffic
study is necessary at this time, but if the City is considering a proposal in the future, then
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May 30, 2018
Page 13
maybe requiring a traffic study would be appropriate. Black stated that the majority of
traffic would be on Lilac Drive and although there may be concerns about the number of
cars, that number would not exceed the physical capacity of the street so he doesn’t know
what a traffic study would give them. Blum asked if the roads bounded by these
neighborhoods operate at capacity or less than capacity. Zimmerman said typically they
operate below capacity.
Baker referred to the comments about noise and said the City has a noise ordinance that
can be applied to any proposal on this site. Blum asked about the effect of the height of a
structure that comes in between a noise and other uses. Zimmerman said typically trees,
sound walls, and tall buildings help dampen noise. Johnson stated that people have a
right to build and that there will be construction noise. Baker said he thinks the concerns
are more about institutional noise that accompanies a large development. He said while
he is sympathetic with concerns about noise there are businesses that have bordered this
neighborhood for a long time.
Baker referred to the comments regarding this proposal dividing the neighborhood and
said he doesn’t understand what those comments meant. Blum said he thinks having an
apartment building in a residential neighborhood is the question they should be
considering and if that is appropriate, if it is the feel they want for Golden Valley, and what
they want Golden Valley to look like. He added that there are neighborhoods that have
apartment buildings in them in other parts of the City.
Baker referred to the comments regarding height and massing. Johnson referred to other
proposals they’ve discussed where the height and massing’s effect on a neighborhood
were considered. Baker added that a result of the subdivision moratorium was to reduce
massing in residential areas so he is trying to apply that same thinking to this situation.
Brookins asked about the height allowed by right in the R-3 zoning district. Zimmerman
said it would be four stories by right and five stories with a Conditional Use Permit.
Blum said there was comment regarding income to the City from property taxes and
asked if the Planning Commission considers that issue. Zimmerman said the Planning
Commission doesn’t typically try to anticipate what would happen to property taxes due to
the proposal being considered. He said he could talk to the Finance Department and get
additional information if needed.
Baker said the character issue is really the main concern in his opinion. He said they have
an obligation to listen to the residents and to be compelled by their statements and they
have heard a lot of statements about this proposal not fitting in with the neighborhood.
Blum said it looks like this proposal does not fit in with the character of this neighborhood.
He added that he doesn’t think a carte blanche rezoning would prohibit the applicant to
come back with a more managed application and ask for other things.
Johnson said if you don’t have commerce you don’t have a city but it is ok to leave these
properties zoned R-1 and go back to what it is designated in the Comp Plan which is Low
Density Residential.
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May 30, 2018
Page 14
Segelbaum said they have to consider what they believe is best for Golden Valley and
thinks it has been determined that locations that are appropriate for single family homes
should be left as is and areas that should support other types of businesses should be
guided that way. He said he thinks R-3 is too large for this location when he considers the
impact to the neighborhood.
Pockl said she thinks leaving the properties as they are makes the most sense in order to
keep the character of the neighborhood as it is currently.
Baker said the concerns they’ve discussed lead him to conclude that he also opposes the
proposals.
MOVED by Blum, seconded by Segelbaum and motion carried unanimously to
recommend denial of changing the designation of 5535-5540 Golden Valley Road and
1530 Welcome Avenue North on the General Land Use Map from Low Density
Residential to Medium-High Density Residential.
MOVED by Blum, seconded by Angell and motion carried unanimously to recommend
denial of rezoning the properties at 5530-5540 Golden Valley Road and 1530 Welcome
Avenue North from Commercial and Single Family (R-1) Residential to Medium Density
(R-3) Residential.
5. Informal Public Hearing – General Land Use Map Amendment – 2429 Douglas
Drive North – CPAM-69
Applicant: Retro Companies, Inc.
Address: 2429 Douglas Drive North
Purpose: To change the designation on the General Land Use Map from Low
Density Residential to Medium-Low Density Residential
6. Informal Public Hearing – Property Rezoning – 2429 Douglas Drive North –
ZO14-08
Applicant: Retro Companies, Inc.
Address: 2429 Douglas Drive North
Purpose: To rezone the property from Single Family (R-1) Residential to
Moderate Density (R-2) Residential
Items 5 and 6 were presented and discussed together.
Morgan referred to a location map of the property and explained that this property had a
single family home on it, however it was struck by lightning and damaged by fire in 2017
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May 30, 2018
Page 15
and was recently purchased and demolished by the applicant. She stated that staff
anticipates a proposal for a small transitional care facility at this location in the near future
and at this time the applicant is proposing to amend the General Land Use map to guide
the property from Low Density Residential to Medium-Low Density Residential and to
amend the Zoning Map to rezone the property from Single Family (R-1) Residential to
Moderate Density (R-2) Residential.
Morgan explained that re-guiding and rezoning this property will allow for increased
residential density along the Douglas Drive corridor. The permitted uses would allow for
small lot single family homes and a residential facility would be allowed with a Conditional
Use Permit. She stated that this proposal is consistent with the recommendations in the
Douglas Drive Corridor Study conducted in 2009 and is also consistent with the draft
2040 Comprehensive Plan.
Morgan stated that a neighborhood meeting was held on May 16 and that two residents
attended the meeting and discussed the proposal for a small transitional care facility at
this location. She noted that the questions raised at the neighborhood meeting were in
regard to traffic, parking, and disruption from construction.
Morgan stated that staff is recommending approval of the proposed Land Use Map and
Zoning Map amendments.
Todd Ofsthun, TCO Design, representing the applicant, stated that guiding this property
to medium-low density and rezoning it to R-2 will fit their purposes for a small transitional
care facility.
Segelbaum asked what transitional care means. Ofsthun stated that it is assisted living
before a memory care facility for example.
Baker opened the public hearing. Seeing and hearing no one wishing to comment, Baker
closed the public hearing.
Baker noted that the proposed new Comp Plan guides this property Medium-Low Density.
Angell asked if doing this proposal now allows them to do construction sooner.
Zimmerman said that is correct. He added that if the applicant waited until the updated
Comp Plan is approved it would add another year to the construction schedule.
Johnson said he is supportive of both these applications. He questioned what the City will
do with the vacant lot it owns to south. Zimmerman said there have been discussions
regarding that property and that it is guided in the Comp Plan for Medium-Low Density as
well.
Blum referred to the history of the area and said this proposal goes to the understanding
that this is an appropriate guiding for this property. Baker and Segelbaum agreed.
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May 30, 2018
Page 16
MOVED by Johnson, seconded by Pockl and motion carried unanimously to recommend
approval of changing the designation of 2429 Douglas Drive North on the General Land
Use Map from Low Density Residential to Medium-Low Density Residential.
MOVED by Brookins, seconded by Johnson and motion carried unanimously to
recommend approval of rezoning the property at 2429 Douglas Drive North from Single
Family (R-1) Residential to Moderate Density (R-2) Residential.
7. Informal Public Hearing – Minor Subdivision – 7040 Glenwood Avenue – Marie
Estates – SU17-16
Applicant: Peter Knaeble
Address: 7040 Glenwood Avenue
Purpose: To reconfigure the existing single family residential lot into two new
single family residential lots.
Morgan reminded the Commission that a proposal regarding dividing this property into
three lots was heard at the March 26 Planning Commission meeting. She stated that the
original proposal has been withdrawn and that a new application has been submitted to
demolish the existing single family home and subdivide the property into two new single
family residential lots. She stated that the driveway access would be moved from
Glenwood Avenue to the Highway 55 Frontage Road and that land would be dedicated for
a potential future cul-de-sac along the Highway 55 Frontage Road.
Morgan referred to the subdivision requirements and stated that the minimum lot size in this
case is 10,000 square feet. For the interior lot a lot width of 80 feet must be maintained at
the front setback line to a depth of 70 feet, and the corner lot must maintain 100 feet of
width at the front setback line to a depth of 70 feet as well.
Morgan showed the Commissioners an illustration of the existing conditions and of the lots
after the proposed subdivision and stated that the proposed new lots meet the square
footage and lot width requirements. She noted that a notification letter was sent to property
owners within 500 feet and that no responses were received and that a tree survey has
been completed.
Morgan discussed the eight conditions for approval or denial of a Minor Subdivision listed in
City Code and said that staff is recommending approval of this proposed subdivision as the
proposal does meet all the Code requirements.
Black said he noticed that there are R-2 properties in the area and asked if this property
borders those. Morgan stated that there are R-2 properties across Glenwood Avenue.
Segelbaum noted that one of the conditions for approval or denial of a subdivision is that
easements are granted for necessary public purposes. He questioned if the potential future
cul-de-sac will be an easement or if the property owner will be ceding the land to the City.
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May 30, 2018
Page 17
Morgan stated that the land for the cul-de-sac would be dedicated or given to the City.
Segelbaum said he doesn’t understand how the City has the authority to require that.
Zimmerman stated that some of the land will be dedicated to the County and some will be
maintained by easement. He added that in most instances the City asks for land dedication
and not easements. Segelbaum questioned why the word easement is used in the Code if
that is the case because it seems like the City is asking more of the property owner than it
has a right to. Zimmerman said it is a common requirement when the City or County needs
right-of-way for a public purpose. Segelbaum asked if the property isn’t used if it is given
back to the applicant. Zimmerman said that has been the practice. Segelbaum said it
seems that the City is restricting the building envelopes without having the authority in
place to build the cul-de-sac and in the meantime the applicant isn’t getting the benefit of
the property. Zimmerman stated that this is listed in the Comp Plan as a desired traffic
improvement area. He explained that as an alternative, the City could purchase the land
after the fact but then there could be nonconformities created. Segelbaum said the City
should purchase the land if it wants to build the cul-de-sac.
Peter Knaeble, Applicant, said he has had numerous meetings with city staff and he agrees
with staff’s recommendation regarding the cul-de-sac and he also agrees it is probably a
taking but he’s come to the conclusion that he supports staff’s recommendation. He stated
that shifting the cul-de-sac further to the west as staff recommends would be detrimental to
the buildable area of Lot 1 but he is willing to work with staff regarding the final location of
the cul-de-sac.
Baker opened the public hearing. Seeing and hearing no one wishing to comment, Baker
closed the public hearing.
Segelbaum said it seems to him that the City is asking for something beyond what is
required but the applicant is fine with it so he supports this proposal.
MOVED by Brookins, seconded by Johnson and motion carried unanimously to approve the
proposed minor subdivision of 7040 Glenwood Avenue subject to the following conditions:
1. Right-of-way sufficient to accommodate the roadway, on-street bike lanes, and a
sidewalk along the east side of Glenwood Avenue shall be dedicated on the Final Plat.
2. The exact location of the potential future cul-de-sac shall be determined by City staff
prior to approval of the Final Plat.
3. The City Attorney will determine if a title review is necessary prior to approval of the Final
Plat.
4. A deferred special assessment of $4,900 shall be paid before release of the Final Plat.
5. A park dedication fee of $3,750 shall be paid before release of the Final Plat.
8. Council Liaison Report
No report was given.
Minutes of the Golden Valley Planning Commission
May 30, 2018
Page 18
9. Adjournment
The meeting was adjourned at 10:03 pm.
____________________________ __________________________
Ron Blum, Secretary Lisa Wittman, Administrative Assistant
Regular Meeting of the
Golden Valley Planning Commission
June 11, 2018
A regular meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday,
June 11, 2018. Vice Chair Johnson called the meeting to order at 7 pm.
Those present were Planning Commissioners Angell, Blum, Brookins, Johnson, Pockl,
and Segelbaum. Also present was Planning Manager Jason Zimmerman and
Administrative Assistant Lisa Wittman. Commissioners Baker and Black were absent.
1. Approval of Minutes
May 30, 2018, Regular Planning Commission Meeting
MOVED by Segelbaum, seconded by Pockl and motion carried unanimously to approve
the May 30, 2018, minutes as submitted.
2. Review Chapter 11 (Zoning Code) Recodification Draft
Zimmerman stated that the City is going through a recodification process in order to
clean up outdated language and create consistency in references and between
sections. He noted that this process will require public hearings before the Planning
Commission and the City Council and showed the Commission an example of a city that
uses Municode for their city code information. Segelbaum asked if there will be public
hearings for each section of the Code or for the entire City Code at once. Zimmerman
explained that Chapter 11 (Zoning Code) of the City Code requires public hearings, but
the other sections of the City Code require two readings by the City Council. Segelbaum
asked how the public will be notified. Zimmerman said there will be information on the
City’s website and in the City’s newsletter.
Zimmerman explained that there are six areas of the Zoning Code where slightly more
significant changes are being proposed. The first area he discussed was the proposed
changes to how Conditional Use Permits (CUPs) are managed. He explained that the
current Zoning Code lacks any regulation to trigger an expiration of a CUP if it goes
unused for an extended length of time. The proposed new language would cause an
unused CUP to expire after 12 consecutive months. In addition, the proposed changes
allow for the ability for a CUP to be amended if changes are requested.
Johnson asked how CUPs are enforced and how staff would know if a CUP is in use.
Zimmerman said staff is generous in its interpretation, but can check advertising and
usually knows when a building has been vacated. Johnson asked about grandfathering
in existing CUPs. Zimmerman stated that the proposed new code language would only
apply to uses going forward.
Segelbaum gave an example of a CUP to allow for a drive-thru window and asked if the
restaurant closed if the CUP for the drive-thru would still be in effect. Zimmerman said
Minutes of the Golden Valley Planning Commission
June 11, 2018
Page 2
the CUP would be valid for 12 months. After that, the existing CUP would expire and the
process would start over.
The next proposed change Zimmerman discussed was Tax Parcel Divisions. He
explained that there are several properties in the City where a house was built over the
middle of two lots then the house gets torn down and the property owner wants to
uncombine the two lots and build two new houses. He stated that the City doesn’t have
the right to not let property owners use their lots however the proposed new code
language requires that non-conforming setbacks or non-buildable lots aren’t created. He
added that the proposed new code language also requires that property owners within
250 feet of the subject site are notified of a Tax Parcel Division. Blum asked how many
of these types of properties are in the City. Zimmerman said he didn’t know the exact
number but explained that some of the old original plats in a few areas have lots that
were combined and could be pulled apart. He noted that there are some on Meadow
Avenue North by Theodore Wirth Park, north of Highway 55, some by Sumter and
Rhode Island near Brookview, and some near the area north of the Country Club.
Segelbaum asked if some cities require residents to combine the lots into one if they
want to build a house across both lots. Zimmerman said Golden Valley requires that
now, but there are some properties that weren’t done that way in the past. Blum asked if
the uncombined situation of these lots is factored in when people ask for variances.
Zimmerman stated that these lots have been treated as if they are one lot until they are
pulled apart.
Segelbaum asked why the neighborhood notification isn’t given to neighbors within 500
feet as is typical with other planning applications. Zimmerman stated that the City
Council thought that 250 feet was reasonable and added that the state statute
requirement is 250 feet for all planning applications.
Johnson referred to subdivision A. in the tax parcel division language and questioned
why it states that lot divisions or combinations by Hennepin County “shall be” enforced
when everything is already enforced. Zimmerman said he would review the language.
Blum referred to subdivision A in the tax parcel division language and suggested the
word “structural” be replaced with the word “any” in regard to nonconformities.
Zimmerman asked the Commissioners to send any recommendations they have to him
and he would review them.
Zimmerman stated that the next change being proposed is the addition of density caps
in the R-3 and R-4 Zoning Districts. He explained that no density limits currently exist for
senior and disability housing in the R-3 Zoning District or for any uses in the R-4 Zoning
District. He added that establishing maximum densities would be consistent with the
residential densities proposed in the draft 2040 Comprehensive Plan. Blum asked for an
explanation of the numbers listed in the second paragraph of the density section of the
staff report. Zimmerman explained that the different numbers have to do with densities
allowed by right versus densities allowed with a Conditional Use Permit. He added that
he would separate the two in order to make it clearer.
Minutes of the Golden Valley Planning Commission
June 11, 2018
Page 3
The next item Zimmerman discussed was modifications to the public amenity provisions
for PUDs. He explained that staff is recommending taking out the amenity regarding
underground parking because most big developments will already include underground
parking. He stated that staff is also recommending removing enhanced exterior lighting
and informational/interpretive displays from the amenity list. He added that language
regarding quantifying the number of electric vehicle charging stations at a rate of five
percent of the required parking is also being recommended. Segelbaum asked if any of
the amenity point values are changing. Zimmerman said no, and stated that there hasn’t
been a PUD application submitted yet using the public amenity provisions. Pockl asked
about the significance of five percent in regard to charging stations. Zimmerman stated
that staff talked to developers and other cities and that the demand for charging stations
just isn’t there yet and they are very expensive so staff is trying to manage what the
demand might be.
Zimmerman stated that another proposed change in the PUD section of the Zoning
Code is being proposed that states an “increase” rather than “any change” in gross floor
area will be considered a minor PUD amendment because taking away density doesn’t
need the same kind of review that adding density does.
Zimmerman stated that the next proposed change is to the language regarding the
height of flat roofs and accessory structures. He explained that currently, the maximum
height of pitched and flat roofs in residential zoning districts differed by type of roof. With
the addition of the “tent-shaped” building envelope, the difference in height limits is no
longer needed. He added that for now, the one foot limit on an increase in the average
grade for a new structure has been left in place. Blum questioned how grade and height
are determined on corner lots and lots that have low grades in the back yard.
Zimmerman stated that height is not limited in a back yard and that it is only measured
using the front of the house.
Zimmerman stated that the last significant proposed change is regarding outdoor
storage. He explained that the new language does the following things: moves
regulations about outdoor storage from each zoning district into one section of the
Zoning Code, along with fencing and screening requirements; helps to clarify language
around where and how outdoor storage can take place in the front, side, and rear yards
of residential properties; establishes a limit of 30 days for landscaping or construction
materials in the front yards of residential properties; establishes screening standards for
storage in side and rear yards; allows the storage of automobile dealership inventory in
Light Industrial and Industrial Zoning Districts with a Conditional Use Permit, and in
parking ramps; and strengths language around screening of mechanical equipment in
all Zoning Districts.
Segelbaum asked if items stored on a driveway have to be located five feet from the
side yard property line. Zimmerman stated that driveways are allowed to be three feet
from the property line so if an item is on a driveway it can be located three feet from the
property line as well.
Minutes of the Golden Valley Planning Commission
June 11, 2018
Page 4
Blum suggested that collector, restored, and reconstructed vehicles be added to the list
of things that are restricted from being stored in a front yard. Segelbaum asked why
those would need to be called out if the Code already says “vehicles.” Blum stated that
they are a different class of vehicle per state statute. He said he would also like to add
language about not allowing storage of an unregistered or inoperable vehicle.
Zimmerman noted that unregistered and inoperable vehicles are addressed in a
different section of the City Code. Brookins suggested referencing that section in this
section of the Zoning Code.
Blum said he envisions people storing their items in the street and moving them once in
a while to get around the rule. Zimmerman said that hasn’t been an issue so he is not
overly concerned about that.
Segelbaum noted that the language allows trailers to be parked in front yards and
questioned if that means empty trailers or a trailer with items on it such as snowmobiles,
etc. Zimmerman stated that items stored in a front yard have to be on a trailer. Blum
suggested adding language about debris being stored on a trailer. Zimmerman stated
that the Property Maintenance Code addresses many of concerns about debris and
garbage.
Blum asked if the regulations about garden structures have been removed. Zimmerman
said they are addressed in the accessory structure section of the Zoning Code.
Pockl referred to the language regarding screening and noted that in subdivision g. it
talks about vegetation of not less than six feet in height, but it doesn’t say anything
about the height of vegetation in subdivision h. Brookins suggested using the word
“screening” instead of saying “wall, fence, or vegetation.”
Segelbaum asked if there are sign provisions in the residential zoning districts.
Zimmerman said yes and stated that new sign regulations will address the size of signs
and the time allowed, but not content.
Blum referred to the proposed future changes to the Zoning Code regarding trailer parks
and asked Zimmerman to explain. Zimmerman stated that there is legislation that
requires cities to address them, so proposed changes to the Zoning Code will be
coming in the future.
3. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
No other meetings were discussed.
Minutes of the Golden Valley Planning Commission
June 11, 2018
Page 5
4. Other Business
Council Liaison Report
Schmidgall reported on the recent Pride Festival. He informed the Planning Commission
that Watermark has withdrawn their applications regarding Zoning Map and Land Use
Map amendments for the properties located at 5530-5540 Golden Valley Road and
1530 Welcome Avenue. Zimmerman stated that he has met with the developer to
discuss other options and their hope is to come back with a smaller scale project.
5. Adjournment
The meeting was adjourned at 8:06 pm.
____________________________ __________________________
Ron Blum, Secretary Lisa Wittman, Administrative Assistant
Executive Summary For Action
Golden Valley City Council Meeting
July 17, 2018
Agenda Item
3. E. 1. Approve Purchase of a Step Van
Prepared By
Tim Kieffer, Public Works Maintenance Manager
Marshall Beugen, Street and Vehicle Maintenance Supervisor
Joe Hansen, Utilities Maintenance Supervisor
Summary
The 2018 Water and Sanitary Sewer Capital Improvement Program (CIP) includes $80,000 for the
purchase of a step van (W&SS-060).
The existing step van, unit 674, meets replacement criteria set forth in the City’s vehicle
replacement policy and Vehicle Condition Index (VCI). The VCI is a tool utilized to assess all vehicles
and equipment scheduled for replacement and any vehicle/equipment scoring 28 points and
above meets the category of “needs immediate consideration.” The 2002 step van due for
replacement scored 49 points.
The step van stores and transports many of the tools and equipment needed for water main and
sanitary sewer repairs.
The National Joint Powers Alliance (NJPA) has awarded the following contract:
Contract No. Item Vendor Amount
120716-NAF 2019 Ford E-450 Stripped Chassis National Auto Fleet Group $27,706
Staff received quotes for the building and setup of the cab and body. The results are as follows:
Item Vendor Amount
Cab, Body, and Setup Utilimaster $38,089
Cab, Body, and Setup APEX Specialty Vehicles $48,686
Total Purchase Price (Chassis, Cab, Body, and Setup) Less Tax, Title and License $65,795
Attachments
• National Auto Fleet Group Quote (5 pages)
• Utilimaster Quote (5 pages)
• APEX Specialty Vehicles Quote (3 pages)
Recommended Action
Motion to approve purchase of a 2019 Ford E-450 Stripped Chassis from National Auto Fleet Group
in the amount of $27,706.
Motion to approve purchase of cab, body, and setup from Utilimaster in the amount of $38,089.
Sell, service, and deliver letter Page 1 of 5
National Auto Fleet Group
/J A Qivinion of Chevrolet of Weteonville
490 Auto Center Drive, Watsonville, CA 95076
(8551 289-6572 • (855) BUY-NJPA • (831 ) 48D-8497 Fax
Fleet@NationalAutoFleetGroup.com
6/15/2018
QuotelD: 13959
Order Cut Off Date:TBA
MARSHALL BEUGEN
City of Golden Valley
Vehicle Maintenance
7800 Golden Valley Rd
Golden Valley, Minnesota,55427
Dear MARSHALL BEUGEN,
National Auto Fleet Group is pleased to quote the following vehicle(s)for your consideration.
One(1)New/Unused(2019 Ford E-Series Stripped Chassis(E4K)E-450176"WB,)and delivered to your specified location,
each for
One Unit
Contract Price $27,706.00
Tax(0.0000%) $0.00
Tire fee $0.00
Total $27,706.00
-per the attached specifications.
This vehide(s)is available under the National Joint Powers Alliance Contract 120716-NAF. Please reference this Contract
number on all purchase orders to National Auto Fleet Group. Payment terms are Net 30 days after receipt of vehicle.
Thank you in advance for your consideration.Should you have any questions,please do not hesitate to call.
Sincerely,
Jesse Cooper
Account Manager
Email: Fleet@NationalAutoFleetGroup.com
Office:(855)289-6572
Fax:(831)480-8497
aoti� `g.
c :-1 upsSAN � Egmc
QkYNOIET IOY01A.
hnps://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/I 3959?ws--true&se---true... 6/29/2018
Sell, service,and deliver letter Page 2 of 5
In order to Finalize your Quote, please submit this purchase
packet to your governing body for Purchase Order Approval.
Once you issue a Purchase Order please send by:
Fax: (831) 480-8497
Mail: National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
Email: Fleet(a)nationalautofleetgroup.com
We will then send a W-9 if you need one
Please contact our main office with any questions:
1-855-289-6572
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/I 3959?ws--Irue&se=true... 6/29/2018
Sell, service, and deliver letter Page 3 of 5
Vehicle Configuration Options
ENGINE -.-
Code IDescription
99S ENGINE: 6.81- EFI TRITON V10, (STD) _
TRANSMISSION
Code Description
44P TRANSMISSION: ELECTRONIC 6-SPEED AUTOMATIC W/OD, -inc: tow haul (STD)
TIRES
Code Description
T68 TIRES: LT225/75RX16E BSW AS, (STD)
PRIMARY PAINT
Code IDescription
BODY IN PRIME
PAINT SCHEME
Code IDescription
STANDARD PAINT
SEAT TRIM
Code IDescription
X INO SEAT TRIM
AXLE RATIO
Code IDescription
X83 14.56 AXLE RATIO, (STD)
ADDITIONAL EQUIPMENT
Code Description
63G HEAVY-DUTY 78-AMP BATTERY, -inc: Replaces standard 72-amps heavy-duty battery
63N EXTRA HEAVY-DUTY 225 AMP ALTERNATOR
57Z A/C PREP PACKAGE, -inc: compressor, condenser, drive belt, tensioner attaching brackets and
bolts
GVWR
Code Description
20F GVWR: 14,500 LB PAYLOAD PACKAGE, (STD)
OPTION PACKAGE
Code IDescription I
?90A ;ORDER CODE 790A E
https://www.national autofleetgroup.com/OrderRequest/SSDPri nt/13 95 9?ws=true&se=true... 6/29/2018
Sell, service, and deliver letter Page 4 of 5
2019 Fleet/Non-Retail Ford E-Series Stripped Chassis E-450
176" WB
WINDOW STICKER
2019 Ford E-Series Stripped Chassis E-450 176"WB
CODE MODEL MSRP
E4K 2019 Ford E-Series Stripped Chassis E-450176"WB $31,170.00
OPTIONS
99S ENGINE:6.8L EFI TRITON V10, (STD) $0.00
44P TRANSMISSION: ELECTRONIC 6-SPEED AUTOMATIC W/OD,-inc:tow haul(STD) $0.00
T68 TIRES: LT225/75RX16E BSW AS, (STD) $0.00
BODY IN PRIME $0.00
STANDARD PAINT $0.00
X NO SEAT TRIM INC
X83 4.56 AXLE RATIO, (STD) $0.00
63G HEAVY-DUTY 78-AMP BATTERY,-inc: Replaces standard 72-amps heavy-duty battery $50.00
63N EXTRA HEAVY-DUTY 225 AMP ALTERNATOR $260.00
57Z A/C PREP PACKAGE,-inc:compressor,condenser,drive belt,tensioner attaching brackets and bolts $400.00
20F GVWR: 14,500 LB PAYLOAD PACKAGE, (STD) $0.00
790A ORDER CODE 790A $0.00
SUBTOTAL $31,880.00
Advert/Adjustments $0.00
Manufacturer Destination Charge $1,195.00
TOTAL PRICE $33,075.00
Est City: N/A MPG
Est Highway: N/A MPG
Est Highway Cruising Range: N/A mi
Any performance-related calculations are offered solely as guidelines.Actual unit performance will depend on your operating
conditions.
https://www.nati onalautofleetgroup.com/OrderRequest/S SDPrint/13 959?ws=true&se=true... 6/29/2018
Sell, service, and deliver letter Page 5 of 5
Standard Equipment
MECHANICAL
Engine: 6.8L EFI Triton V10
Transmission: Electronic 6-Speed Automatic w/OD-inc: tow haul
4.56 Axle Ratio w/o 996-inc: vehicle emission control information label with no frontal area restriction w/996-inc:
vehicle emission control information label with a 72 sq ft frontal area restriction
GVWR: 14,500 Ib Payload Package
50 State Emission System
Transmission w/Oil Cooler
Rear-Wheel Drive
72-Amp/Hr 650CCA Maintenance-Free Battery
155 Amp Alternator
9640#Maximum Payload
HD Shock Absorbers
Front And Rear Anti-Roll Bars
Hydraulic Power-Assist Steering
Single Stainless Steel Exhaust
55 Gal. Fuel Tank
Dual Rear Wheels
Front Suspension w/Coil Springs
Leaf Rear Suspension w/Leaf Springs
4-Wheel Disc Brakes w/4=Wheel ABS and Front Vented Discs
EXTERIOR
Wheels: 16"x 6"White Painted Steel
Tires: LT225/75Rx16E BSW AS
Variable Intermittent Wipers
Daytime Running Headlamps
ENTERTAINMENT
Radio Delete
INTERIOR
Seats Not Included (No Pedestal)-inc: throw away driver seat
Manual Tilt Steering Column_ _ _!
Gauges-inc: Speedometer, Odometer, Voltmeter, Oil Pressure, Engine Coolant Temp and Tachometer
Urethane Gear Shift Knob
Power Door Locks
Analog Display
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/I 3 959?ws=true&se=true... 6/29/2018
(Page 1 of 5 )
Utilimaster Sales Quotation General offices
From: Perry Doppler 603 Earthway Boulevard
Bristol,IN 46507
A 12P0.RTAN MOTORS COMPANY Phone(800)582-3454
TO: Boyer Ford Trucks,Inc. Fax (574)SU-2807
2601 Broadway Street NE Quantity:Min I Max. 1
Minneapolis,MN 55413 Quote Number: 105021/1
Date: 7/06/2018
Quote Expires: 8/05/2018
Fax#: 574-862-3971
We are pleased to submit our quotation as follows: This price quotation is given subject to the Terms of
Sale Printed with this form, and is applicable only to the quantities shown for the specified period.
** THIS QUOTATION DOES NOT INCLUDE CHASSIS COSTS ***.
Quantity Reference# Description List: Price
180223041611'48 W-I 16'Lx 93-1/2"WX85"H FORD 36,644.00
CHASSIS SPECS ************
W001590 DROP SHIP CHASSIS
Please review the chassis information listed.
The dealer must confirm the chassis specification
before the body is scheduled. If the chassis
arrives with different specification, your order
can be delayed and there could be additional cost.
1 W011009 FORD CHASSIS MODEL YEAR Standard
1 W011009-44 2019 FORD CHASSIS
1 W00897 DOMESTIC CHASSIS Standard
1 W001311 FORD E450 CHASSIS
1 W01018 WHEELBASE OPTIONS FORD
1 W01018-33 176" WHEELBASE FORD
1 W01003 GAS ENGINE
1 W01003-34 * 6.8L V10
1 W01005 INDEPENDENT FRONT SUSPENSION
1 W01008 AUTOMATIC TRANSMISSION FORD
1 W01011 DUAL REAR WHEELS
1 W01013 TIRE SIZE
1 W01013-30 16" TIRES
1 WOIO19 FUEL TANK OPTIONS FORD
1 W01019-31 55 GAL REAR CENTER MOUNT
1 W01015 CHASSIS GVWR FORD
1 WOIOIS-36 * 14,500 GVWR
1 W01016 CHAS SUPPLIED FACTORY A/C PREP KIT
**Chassis must arrive with factory A/C
prep kit from OEM dealership in order for
Utilimaster to install A/C on final unit**
1 W002314 HEATER HOSE FORD
1 W002314-40 STD HEATER HOSE
LENGTH OPTIONS 85H ****
1 W01020-16F 16' FORD
1 W001902-F .100 UPPER /.100 LOWER SIDEWALL MTL
93.5W ************w*******
1 W01021-C 93.5W FORD Standard
CAB DOOR OPTIONS *********
1 W01022 SLIDER DOOR LH Standard
1 W01023 SLIDER DOOR RH Standard
1 W00792 SLIDER WINDOW LH SILVER Standard
1 W00793 SLIDER WINDOW RH SILVER Standard
1 W00037 KASON LOCK SELECTIONS Standard
1 W00038 * BLACK FINISH Standard
1 W00040 * KEY TO LOCK Standard
1 W001635 ALL BODIES KEYED DIFFERENTLY Standard
1 W00047 DOOR POCKETS STD Standard
REAR STRUCTURE OPTIONS *******
1 W00052-CF REAR SWING DOORS Standard
1 W00055-CF * TWIN 29"SWG
1 W002152 PIERCE AND ROLL CONSTRUCTION Standard
1 W00058 HINGES OFFSET
1 W00060 EXTRA HINGE Standard
1 W00061 R38 HOLDBACK W/3"EXTENSION Standard
1 W00064 HEAVY DUTY RELEASE LH DOOR
1 W00794 DEADBOLT HARDWARE KASON
1 W00069 1211x18" FIXED WINDOWS
1 W00071 * 2 HIGH MOUNT
L�WB�OZ
(Page 2 of 5 } Ut• master Sales Quotation
General Offices
From: Perry Doppler 603-Earthway Boulevard
Bristol,IN 46507
A GPART►N MOTOR6 COMPANY Phone(800)582-3454
TO: Boyer Ford Trucks, Inc. Fax (574)848-2807
2601 Broadway Street NE Quantity:Min. 1 Max. I
Minneapolis,MN 55413 Quote Number: 105021/1
Date: 7/06/2018
Quote Expires: 8/05/2018
Fax#: 574-862-3971
We are pleased to submit our quotation as follows: This price quotation is given subject to the Terms of
Sale Printed with this form, and Is applicable only to the quantities shown for the specified period.
** THIS QUOTATION DOES NOT INCLUDE CHASSIS COSTS ***
Quantity Reference# Description List Price
1 W00078 KASON REAR SWING DOOR HARDWARE Standarri
1 W00079 * BLACK FINISH Standard
1 W00040 * KEY TO LOCK Standard
SEATING OPTIONS **************
I W00112 DRIVERS SEAT Standard
1 W002300 * DRIVER HIGHBACK SEAT FREEDMAN Standard
1 W002300-51 STD HIGHBACK DRIVER SEAT Standard
1 W002300-BV BLACK VINYL DRIVER SEAT Standard
1 W002300-40 NO ARMREST ON DRIVER SEAT Standard
1 W002300-60 FIXED PEDESTAL DRIVER SEAT Standard
1 W00122 * 3PT SEATBELT W/2LOC D-RING Standard
1 W00137 BULKHD MNT JSEAT W/HIGHBACK 14"SEAT
BULKHEAD OPTIONS *****
1 W00145-CF BULKHEAD W/CTR OPENING & DOOR
1 W00153 .125 ALUMINUM
1 W00158 FINGER PULL LATCH
1 W00540-CF BULKHEAD SEAL KIT
DRIVER CONVENIENCE OPTIONS ****
1 W01186 INTERMITTENT WIPERS Standard
1 W00543 SINGLE WIPER MOTOR SYSTEM Standard
1 W001696 NON SKID TAPE ON CAB FLOOR RISERS Standard
1 W00180 DIESEL SOUND REDUCTION COWL Standard
1 W002080 RADIOS
1 W002081 RADIO AM/FM/WB/BLUETOOTH JENSEN
Text: Wired key control on accessory side
1 W00189 SUNVISOR DRIVER SIDE Standard
1 W00191 * SUNVISOR PADDED Bx28 Standard
1 W00190 SUNVISOR PASSENGER SIDE
I W002136 * SUNVISOR PADDED Bx24
1 W0o1193 ABS CUP HOLDER LH DASH MOUNT Standard
WORKTABLES, TRAYS, STORAGE ****
1 W01731 ALUMINUM ENGINE COVER Standard
1 W001499 ALUM DOC HLDR 3x8x12 ON ENG CVR Standard
1 W002130 OVERHEAD SHELF CENTER SUPPORT Standard
DASH/INTERIOR LIGHTING OPTIONS ****
1 W01226 CAB DOME LIGHT/SPECIFY TYPE Standard
I W00226-53 * 18" LED
Location: Centered in cab
1 W01227 DOME LIGHT SWITCH ON HEADLAMP Standard
1 W00230 CARGO DOME LIGHT/SPECIFY TYPE Standard
4 W00230-53 * 18" LED
Location 1: CO3
Location 2: C07
Location 3: C09
Location 4: C11
1 W00233 CARGO LIGHT 3 WAY SWITCH Standard
Location: RH rear sidewall 601 ' off floor
1 W00564 CARGO DOME LIGHT BATTERY HOT Standard
ROOF OPTIONS *****************
1 W002231 ROOF PARAMETRICS Standard
1 W00242-CF .032" SMOOTH ALUM EXTERIOR Standard
1 W002245 STROBE/SCENE/BEACON ROOF BACKERS
1 W00244 .024" EMBOSSED INTERIOR Standard
1 W00245 FIBERGLASS INSULATION R4 Standard
1 W002120 (2) VENT 14" x 14" FANTASTIC POWER
Location: C01
Location: C13
UWB40
(Page 3 of 5 ) Utilimaster Sales Quotation
Generale Offices
�� �j From: Perry Doppler 603 Earthway Boulevard
Bristol,IN 46507
A SPARTAN MDT=Ft*COMPANY Phone(800)582-3454
TO: Boyer Ford Trucks,Inc. Fax (574)848-2807
2601 Broadway Street NE Quantity:Min. 1 Max. 1
Minneapolis,MN 55413 Quote Number: 105021/1
Date: 7/06/2018
Quote Expires: 8/05/2018
Fag#: 574862-3971
We are pleased to submit our quotation as follows: This price quotation is given subject to the Terms of
Sale Printed with this form, and is applicable only to the quantities shown for the specified period.
** THIS QUOTATION DOES NOT INCLUDE CHASSIS COSTS ***
Quantity Reference# Description List Price
1 WOD809-C CARGO ROOF A/C FRAMING ONLY
1 W002017 ROOF CASTINGS FOR MINI MARKERS
CARGO FLOOR OPTIONS ******
1 W00261 REAR THRESHOLD DRAINS (2) Standard
1 W00262 STD BODY UNDERCOATING Standard
Undercoat outside the rails and not between.
1 W00200 FUEL SENDING UNIT ACCESS Standard
1 W01267-C STANDARD WHEELWELL 41" AISLE Standard
1 W002118 CARGO FLOOR PLANKS MAX 8" Standard
SIDE & REAR WALL OPTIONS *****
1 W00201 STANDARD STUD PROFILE (HAT STYLE) Standard
I W00206 OPTIONAL 24" SPACING
1 W001553 ROUND RUBRAIL PROFILE Standard
1 W002071 STANDARD SIDEWALL LAYOUT Standard
1 W001902 .100 UPPER /.100 LOWER SIDEWALL MTL Standard
1 W00281-F SIDEWALL LINER OPTIONS
1 W00281-41 UPFIT INSTALLED LINER
1 W00287-F * 5/8" PLYWOOD W/.030 ALUM
1 W00297 7/8" POLYSTYRENE INSUL (R2)
1 W00304 VENT FRESH AIR 4x10 QTR PNL LH Standard
RR RUMPERS,HITCHES,LIFTGATES**
1 W001961 GRIPSTRUT BUMPER
1 W001961-12 GRIPSTRUT BUMPER 12"
1 W001962 FIXED MOUNTED BUMPER
EXTERIOR BODY OPTIONS ****
1 W00391 TINTED WINDSHIELD W/SHADE BAND Standard
1 W00581 BONDED WINDSHIELD GLASS Standard
1 W00380 EXT MIRROR BLACK PRESET LOOPS Standard
1 W00386 REAR FENDER FLARE RUBBER
1 W01770 FUEL FILL DOOR & CLOSER Standard
1 W002122 WHEELWELL CUTOUT LOCATION Standard
HOOD & FRT BUMPER OPTIONS ****
1 W01584-C RIM LIFTUP HOOD Standard
1 W00369 INCANDESCENT HEADLIGHTS RECT Standard
1 W001714 SEVEN TUBE GRILLE INSERT Standard
1 W011784-C UTILIMASTER 9" FRONT BUMPER 7GA
PAINT & DECAL OPTIONS ********
1 W00615 PAINT EXT STANDARD WHITE Standard
Sherwin Williams G2-4804482
Dupont N0006HN
1 W002206 PAINT FRONT BUMPER STANDARD BLACK Standard
1 W002207 PAINT REAR BUMPER STANDARD BLACK Standard
1 W002134 DELETE UTILIMASTER LOGOS
EXT LIGHTING OPTIONS *****
1 W00431-C TAIL LIGHTS Standard
1 W002220 4.5" LED (STD) Standard
1 W002220-41 FLANGE MOUNTED LED STT & BACKUP
1 W002223 LED BACKUP LT (STD) Standard
1 W00436 CLEARANCE LIGHTS Standard
1 W002221 LED MINI MARKER FRT & REAR (STD) Standard
1 W002018 MINI CLEARANCE LTS IN REAR CORNERS
1 W002222 LED FRONT TURN LTS (STD) Standard
1 W002222-40 LED FRONT TURN LTS BLACK FLANGE
I W002224 LED LICENSE PLATE CENTERED (STD) Standard
1 W002257 TAIL & BACK UP LTS IN KICKPLATE STD Standard
1 W001221 SIDE BODY MARKER LIGHT 9-20'
MR=
(Page 4 of 51 Utilimaster Sales Quotation
General Offices
�--� From: Perry Doppler 603 Earthway Boulevard
Bristol,IN 46507
A SPARTAN MOTORS COMPANY Phone (800)582-3454
TO: Boyer Ford Trucks,Inc. Fax (574)848-2807
2601 Broadway Street NE Quantity:Min. 1 Max. 1
Minneapolis,MN 55413 Quote Number: 105021/1
Date: 7/06/2018
Quote Expires: 8/05/2018
Fax#: 574-862-3971
We are pleased to submit our quotation as follows: This price quotation is given subject to the Terms of
Sale Printed with this form, and is applicable only to the quantities shown for the specified period.
** THIS QUOTATION DOES NOT INCLUDE CHASSIS COSTS ***
Quantity Reference# Description List Price
1 W002258 REAR TAILLIGHT WIRING SHIELD Standard
HVAC OPTIONS *************
1 W011084 CAB AC W/ELECTRONIC CONTROLS
New for 2011: 40K BTU/HR with "Clean Air Technology"
ELECTRICAL OPTIONS *******
1 W004BO-2 (2) 12V RECEPTACLE ON DASH Standard
Location: RH of Dash
CHASSIS RELATED OPTIONS ****
1 W01485-30 FRONT END ALIGN (CAMBER/CASTER/TOE)
1 W01486 PDI / UTILIMASTER SUPPLIED
UTILITY TRUCK OPTIONS ********
1 W001502 GENERATOR COMPARTMENTS
1 W001502-33 ONAN SKW GENERATOR COMPT
Location: Default location of LH directly behind door pocket
Generac QP-55 Generator
1 W001546 UTILITY TRUCK EXTERIOR LIGHTING
1 W002070 LED DIRECTIONAL ARROW STICK
1 W002070-30 FRONT HEADER MOUNTED
1 W002070-31 REAR HEADER MOUNTED
1 W002067 AMBER LED MINI STROBE
1 W002067-30 GRILLE MOUNTED
1 W002067-31 FRONT HEADER MOUNTED
1 W002067-32 REAR HEADER MOUNTED
3 W002067-33 LH SIDEWALL MOUNTED
Special Notes: high center of cargo sidewall
Special Notes: low rear of cargo sidewall
Special Notes: low front qtr panel above wheel
3 W002067-34 RH SIDEWALL MOUNTED
Special Notes: high center of cargo sidewall
Special Notes: low rear of cargo sidewall
Special Notes: low front quarter panel over wheel
1 W001547 UTILITY TRUCK 120V ACCESORIES
1 W001483 13500 RV ROOF AIR W/HT STRP STD 13"
Verify W00609 Qty&Location Yes
Location 1: C7. pigtail power lead
2 W001646 120V 15 AMP EXTERIOR OUTLET
Location 1: above s/t/t LH at floor, pigtail w/extra parts ship loose
Location 2: above s/t/t RH at floor, pigtail w/extra parts ship loose
1 W001849 FLIP DOWN REAR STEP BMPR 36"Wxl2"D
Location: Mount center of bumper
---------—---------------------------------------------------------------
RFO 1 Extra Amber Strobes Rear
RFO 2 Addl. Circuits for User-Installed Strobe Lighting
--------------------------------------------------------------------------
RFO 3 Tecniq LED Flood lights LH and RH (2/side)
--------------------------------------------------------------------------
RFO 5 Blue Lighting installed next to Amber Strobes
--------------------------------------------------------------------------
RFO 6 Tecniq X90 surface mount flood lights in the rear.
--------------------------------------------------------------------------
Min. Quantity: 1 Utilimaster Body Sub Total: 36,644.00
Max. Quantity: 1
Freight Amount: 830.00
Total Price: 37,474.00
By: Perry Doppler Approved By:
Uwnwz
(Page 5 of 5 } Utilimaster Sales Quotation General Offices
From: Perry Doppler 603 Earthway Boulevard
Bristol,IN 46507
A NPARTAN MCTVRS COMPANY Phone(800)582-3454
TO: Boyer Ford Trucks,Inc. Fax (574)848-2807
2601 Broadway Street NE Quantity:Min. 1 Max. I
Minneapolis,MN 55413 Quote Number: 105021/1
Date: 7/06/2018
Quote Expires: 8/05/2018
Fax#: 574-862-3971
We are pleased to submit our quotation as follows: This price quotation is given subject to the Terms of
Sale Printed with this form, and is applicable only to the quantities shown for the specified period.
** THIS QUOTATION DOES NOT INCLUDE CHASSIS COSTS ***
Quantity Reference# Description List Price
Additional options not included in quoted body price.
1 WOIIO84 CAB AC W/ELECTRONIC CONTROLS 615.00
I have reviewed and am in agreement with the specifications and pricing associated with this order.
By initialing this Quote I hereby authorize Utilimaster to proceed with the manufacture of this
product and I agree to purchase the vehicle in accordance with Utilimaster's Terms & Conditions,
a copy to which has previously been provided to me.
vwaaa
AP
S P c C I ALT Y V E H I C LES
B i Y O N D INNOVATION
City of GValleMN
y,APEX Specialty Vehicles Scope of Work
16' Truck
V1.0
6/26/18
www.apexspecialtyvehicles.com 816.853.3360
City of Golden Valley,MN p
�X
sPi C I1 l7Y veeiei[s
Interior Features
o Finishes
■ Walls &Ceiling
• 22 Gauge Stainless Steel Walls& Ceilings Over 1/2" Plywood with
Foam Board Insulation
■ Flooring
• Floor Covering,Coin Black W/White Flecks 8'Wide
o Equipment List
■ Atwood Roof Mount Air Conditioner with Heat Pump
• 13 Total AMPS
■ (4) Whelen 900 Led Scene Lights
■ (6) Lamphus Solarblast 37" Full Size Light Bar(Color Optional)
■ (6) Lamphus Nanoflare 12" Mini Light Bar(Color Optional)
■ (2) Lamphus Solarblast 47"Traffic Light Bar(Color Optional)
■ (6) Lamphus Nanoflare Mini Warning Lights (Color Optional)
■ Aftermarket Led Projector Headlamps
■ Led Marker Kit For Entire Truck
■ (2) Trailer Roof Vent, 14.25x14.25
■ Stiebel Eltron CK Wall-Mounted Electric Fan Heater
• 12.5 Total Amps
o Electric
■ Breaker Panel
■ (12) Flat Led Panel Light Lamp,4.9" Ceiling Light
• 0.96 Total AMPS
■ (2) Exterior Outlet with Cover Plate
■ Interior Outlets
o Accessories
■ Passenger Jump Seat
■ Abc Fire Extinguisher
Exterior Features
o Exterior
■ (2) 29" Swing Door
P a g e 12 Initial:
City of Golden Valley,MN n p
cX
sNcunr ViNtCL13
■ 26" X 74" Bulkhead Door
■ 24",8" Drop Single Step
■ Generator Awning with vent in door
Delivery
o Delivery not included
Warranty
0 5 Year Craftsmanship Warranty on Custom Build
■ OEM is responsible for vehicle warranty
■ OEM is responsible for equipment warranty
Price $48,686
P a g e 13 Initial:
Executive Summary For Action
Golden Valley City Council Meeting
July 17, 2018
Agenda Item
3. F. Authorize Joint Powers Agreements with Minnesota Bureau of Criminal Apprehension for
Access to Criminal Justice Data Communications Network (CJDN) and the Court Data Services
Subscriber Amendment to the CJDN Subscriber Agreement
Prepared By
Jason J. Sturgis, Chief of Police
Summary
The Minnesota Bureau of Criminal Apprehension (BCA) has drafted a proposed Joint Powers
Agreement for cities utilizing the BCA’s various computer systems and tools available through the
State’s criminal justice data communications network. The purpose of this Agreement is to renew
the agreement that gives the City access to this network (via the Police Department) and to
outline the requirements to obtain access and the limitations on the access.
Attachments
• State of Minnesota Joint Powers Agreement Criminal Justice Agency (6 pages)
• Court Data Services Subscriber Amendment to CJDN Subscriber Agreement (10 pages)
• Resolution Approving State of Minnesota Joint Powers Agreements with the City of Golden
Valley on Behalf of its City Attorney and Police Department (2 pages)
Recommended Action
Motion to adopt Resolution approving State of Minnesota Joint Powers Agreements with the City
of Golden Valley on Behalf of its City Attorney and Police Department.
COURT DATA SERVICES SUBSCRIBER AMENDMENT TO
CJDN SUBSCRIBER AGREEMENT
This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the
State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension, ("BCA") and the City of Golden Valley on behalf of its Prosecuting Attorney
("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court
Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any
legal action against any party.
Recitals
This Subscriber Amendment modifies and supplements the Agreement between the BCA and
Agency, SWIFT Contract number 117716, of even or prior date, for Agency use of BCA systems
and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and
tools that include access to and/or submission of Court Records may only be utilized by the Agency
if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA
systems and tools to access and/or submit Court Records to assist the Agency in the efficient
performance of its duties as required or authorized by law or court rule. Court desires to permit
such access and/or submission. This Subscriber Amendment is intended to add Court as a party to
the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be
enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for
Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement")
between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on
behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN
Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the
CJDN Subscriber Agreement as stated below.
The CJDN Subscriber Agreement is amended by the addition of the following provisions:
1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber
Amendment shall be effective on the date finally executed by all parties and shall remain in effect
until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as
provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment
with or without cause by giving written notice to all other parties. The effective date of the
termination shall be thirty days after the other party's receipt of the notice of termination, unless a
later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15
through 24 shall survive any termination of this Subscriber Amendment as shall any other
provisions which by their nature are intended or expected to survive such termination. Upon
termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f)hereof.
2. Definitions. Unless otherwise specifically defined, each term used herein shall have
the meaning assigned to such term in the CJDN Subscriber Agreement.
i
a. "Authorized Court Data Services" means Court Data Services that have
been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an
Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data
Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and
the BCA.
b. "Court Data Services" means one or more of the services set forth on the
Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the
current address is www.cour(s.state.mn.us) or other location designated by the Court, as the
same may be amended from time to time by the Court.
C. "Court Records" means all information in any form made available by the
Court to Subscriber through the BCA for the purposes of carrying out this Subscriber
Amendment, including:
i. "Court Case Information" means any information in the Court Records
that conveys information about a particular case or controversy, including
without limitation Court Confidential Case Information, as defined
herein.
ii. "Court Confidential Case information" means any information in the
Court Records that is inaccessible to the public pursuant to the Rules of
Public Access and that conveys information about a particular case or
controversy.
iii. "Court Confidential Security and Activation Information" means any
information in the Court Records that is inaccessible to the public
pursuant to the Rules of Public Access and that explains how to use or
gain access to Court Data Services, including but not limited to login
account names, passwords, TCP/IP addresses, Court Data Services user
manuals, Court Data Services Programs, Court Data Services Databases,
and other technical information.
iv. "Court Confidential Information" means any information in the Court
Records that is inaccessible to the public pursuant to the Rules of Public
Access, including without limitation both i) Court Confidential Case
Information; and ii) Court Confidential Security and Activation
Information.
d. "DCA" shall mean the district courts of the state of Minnesota and their
respective staff.
e. "Policies & Notices" means the policies and notices published by the Court
in connection with each of its Court Data Services, on a website or other location designated
by the Court, as the same may be amended from time to time by the Court. Policies &
Notices for each Authorized Court Data Service identified in an approved request form
under section 3, below, are hereby made part of this Subscriber Amendment by this
reference and provide additional terms and conditions that govern Subscriber's use of Court
Records accessed through such services, including but not limited to provisions on access
and use limitations.
2
f. "Rules of Public Access" means the Rules of Public Access to Records of
the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be
amended from time to time, including without limitation lists or tables published from time
to time by the Court entitled Limits on Public Access to Case Records or Limits on Public
Access to Administrative Records, all of which by this reference are made a part of this
Subscriber Amendment. It is the obligation of Subscriber to check from time to time for
updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated
that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website,for
which the current address is www.courts.state.mn.us.
g. "Court" shall mean the State of Minnesota, State Court Administrator's
Office.
h. "Subscriber" shall mean the Agency.
i. "Subscriber Records" means any information in any form made available
by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment.
3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following
execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or
more separate requests for Authorized Court Data Services. The BCA is authorized in the Master
Authorization Agreement to process, credential and approve such requests on behalf of Court and
all such requests approved by the BCA are adopted and incorporated herein by this reference the
same as if set forth verbatim herein.
a. Activation. Activation of the requested Authorized Court Data Service(s)
shall occur promptly following approval.
b. Rejection. Requests may be rejected for any reason, at the discretion of the
BCA and/or the Court.
C. Requests for Termination of One or More Authorized Court Data
Services, The Subscriber may request the termination of an Authorized Court Data Services
previously requested by submitting a notice to Court with a copy to the BCA. Promptly
upon receipt of a request for termination of an Authorized Court Data Service, the BCA will
deactivate the service requested. The termination of one or more Authorized Court Data
Services does not terminate this Subscriber Amendment. Provisions for termination of this
Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court
Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f)
hereof.
4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to
and/or submission of the Court Records shall be limited to Authorized Court Data Services
identified in an approved request form under section 3, above, and other Court Records necessary
for Subscriber to use Authorized Court Data Services, Authorized Court Data Services shall only be
used according to the instructions provided in corresponding Policies & Notices or other materials
and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties
3
required or authorized by law or court rule in connection with any civil, criminal, administrative, or
arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory
body. Subscriber's access to the Court Records for personal or non-official use is prohibited.
Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set
forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services
documentation, and upon any such unauthorized use or attempted use the Court may imtnediately
terminate this Subscriber Amendment without prior notice to Subscriber.
5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees:
a. To not disclose Court Confidential Information to any third party except
where necessary to carry out the Subscriber's duties as required or authorized by law or
court rule in connection with any civil, criminal, administrative, or arbitral proceeding in
any Federal, State, or local court or agency or before any self regulatory body.
b. To take all appropriate action, whether by instruction, agreement, or
otherwise, to insure the protection, confidentiality and security of Court Confidential
information and to satisfy Subscriber's obligations under this Subscriber Amendment.
C. To limit the use of' and access to Court. Confidential hiformation to
Subscriber's bona tide personnel whose use or access is necessary to effect the purposes of
this Subscriber Amendment, and to advise each individual who is permitted use of and/or
access to any Court Confidential Information of the restrictions upon disclosure and use
contained in this Subscriber Amendment, requiring each individual who is permitted use of
and/or access to Court Confidenlial information to acknowledge in writing that the
individual has read and understands such restrictions. Subscriber shall keep such
acknowledgements on file for one year following termination of the Subscriber Amendment
andior CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with
access to, and copies of, such acknowledgements upon request. For purposes of this
Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are
employees of Subscriber or provide services to Subscriber either on a voluntary basis or as
independent contractors with Subscriber.
d. That, without limiting section I of this Subscriber Amendment, the
obligations of Subscriber and its bona fide personnel with respect to the confidentiality and
security of Court Confidential information shall survive the termination of this Subscriber
Amendment and the CJDN Subscriber Agreement and the termination of their relationship
with Subscriber.
C. That, notwithstanding any federal or state law applicable to the nondisclosure
obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber
Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are
founded independently on the provisions of this Subscriber Amendment,
6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS.
Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court
Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be
subject to the provisions of this Subscriber Amendment.
4
7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the
term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby
grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services
Programs and Court Data Services Databases to access or receive the Authorized Court Data
Services identified in an approved request form under section 3, above, and related Court Records.
Court reserves the right to make modifications to the Authorized Court Data Services, Court Data
Services Programs, and Court Data Services Databases, and related materials without notice to
Subscriber. These modifications shall be treated in all respects as their previous counterparts.
a. Court Data Services Programs. Court is the copyright owner and licensor
of the Court Data Services Programs. The combination of ideas, procedures, processes,
systems, logic, coherence and methods of operation embodied within the Court Data
Services Programs, and all information contained in documentation pertaining to the Court
Data Services Programs, including but not limited to manuals, user documentation, and
passwords, arc trade secret information of Court and its licensors.
b. Court Data Services Databases, Court is the copyright owner and licensor
of the Court Data Services Databases and of all copyrightable aspects and components
thereof. All specifications and information pertaining to the Court Data Services Databases
and their structure, sequence and organization, including without limitation data schemas
such as the Court XML Schema, are trade secret information of Court and its licensors.
C. Marks. Subscriber shall neither have nor claim any right, title, or interest in
or use of any trademark used in connection with Authorized Court Data Services, including
but not limited to the marks"MNCTS"and"Odyssey."
d. Restrictions on Duplication, Disclosure, and Use. Trade secret information
of Court and its licensors will be treated by Subscriber in the same manner as Court
Confidential information. In addition, Subscriber will not copy any part of the Court Data
Services Programs or Court Data Services Databases, or reverse engineer or otherwise
attempt to discern the source code of the Court Data Services Programs or Court Data
Services Databases, or use any trademark of Court or its licensors, in any way or for any
purpose not specifically and expressly authorized by this Subscriber Amendment. As used
herein, "trade secret information of Court and its licensors" means any information
possessed by Court which derives independent economic value from not being generally
known to, and not being readily ascertainable by proper means by, other persons who can
obtain economic value from its disclosure or use. "Trade secret information of Court and its
licensors" does not, however, include information which was known to Subscriber prior to
Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors,
information which is independently developed by Subscriber without reference to or use of
information received from Court or its licensors, or information which would not qualify as
a trade secret under Minnesota law, It will not be a violation of this section 7, sub-section d,
for Subscriber to make up to one copy of training materials and configuration
documentation, if any, for each individual authorized to access, use, or configure Authorized
Court Data Services, solely for its own use in connection with this Subscriber Amendment.
Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and
trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel
who are permitted access to any of the Court Data Services Programs and Court Data
Services Databases, and trade secret information of Court and its licensors, of the
restrictions upon duplication, disclosure and use contained in this Subscriber Amendment.
5
C. Proprietary Notices. Subscriber will not remove any copyright or
proprietary notices included in and/or on the Court Data Services Programs or Court Data
Services Databases, related documentation, or trade secret information of Court and its
licensors, or any part thereof, made available by Court directly or through the BCA, if any,
and Subscriber will include in and/or on any copy of the Court Data Services Programs or
Court Data Services Databases, or trade secret information of Court and its licensors and any
documents pertaining thereto, the same copyright and other proprietary notices as appear on
the copies made available to Subscriber by Court directly or through the BCA, except that
copyright notices shall be updated and other proprietary notices added as may be
appropriate.
f. Title; Return. The Court Data Services Programs and Court Data Services
Databases, and related documentation, including but not limited to training; and
configuration material, if any, and logon account information and passwords, if any, made
available by the Court to Subscriber directly or through the BCA and all copies, including
partial copies, thereof are and remain the property of the respective licensor. Except as
expressly provided in section 12.b., within ten days of the effective date of termination of
this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a
request for termination of Authorized Court Data Service as described in section 4,
Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court
Data Services Programs and Court Data Services Databases, and related documentation,
including but not limited to training and configuration materials, if any, and logon account
information, if any; or (2) destroy the same and certify in writing to the Court that the same
have been destroyed.
8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's
licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber
Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not
have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its
obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be
entitled to an injunction or any appropriate decree of specific performance for any actual or
threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of
the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not
afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or
bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA
for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any
relief Pursuant to this Subscriber Amendment.
9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly
provided herein, each party will be responsible for its own acts and the results thereof to the extent
authorized by law and shall not be responsible for the acts of any others and the results thereof.
Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court
and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of
Minnesota shall be governed by the provisions of the Minnesota 'fort Claims Act, Minnesota
Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a
political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the
provisions of Minn. Stat. Ch. 466 (Tort Liability; Political Subdivisions) or other applicable law.
Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a
separate agreement between the Court and the BCA dated December 13,2010 with DPS-M-0958.
6
10. AVAILABILITY. Specific terms of availability shall be established by the Court
and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to
terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's
Authorized Court Data Services in the event the capacity of any host computer system or legislative
appropriation of funds is determined solely by the Court to be insufficient to meet the computer
needs of the courts served by the host computer system.
11. [reserved]
12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set
forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in
this Subscriber Amendment.
a. Judicial Policy Statement. Subscriber agrees to comply with all policies
identified in Policies & Notices applicable to Court Records accessed by Subscriber using
Authorized Court Data Services. Upon failure of the Subscriber to comply with such
policies, the Court shall have the option of immediately suspending the Subscriber's
Authorized Court Data Services on a temporary basis and/or immediately terminating this
Subscriber Amendment.
b. Access and Use; Log. Subscriber shall be responsible for all access to and
use of Authorized Court Data Services and Court Records by Subscriber's bona fide
personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber
has knowledge of or authorizes such access and use. Subscriber shall also maintain a log
identifying all persons to whom Subscriber has disclosed its Court Confidential Security and
Activation Information, such as user ID(s) and password(s), including the date of such
disclosure. Subscriber shall maintain such logs for a minimum period of six years from the
date of disclosure, and shall provide the Court with access to, and copies of, such logs upon
request. The Court may conduct audits of Subscriber's logs and use of Authorized Court
Data Services and Court Records from time to time. Upon Subscriber's failure to maintain
such logs,to maintain accurate logs, or to promptly provide access by the Court to such logs,
the Court may terminate this Subscriber Amendment without prior notice to Subscriber.
C. Personnel. Subscriber agrees to investigate, at the request of the Court
and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel
having access to or use of Authorized Court Data Services, Court Confidential Information,
or trade secret information of the Court and its licensors where such persons are alleged to
have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial
Branch policies, or other security requirements or laws regulating access to the Court
Records.
d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota
Government entity that is subject to the Minnesota Government Data Practices Act, Minn.
Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn.
Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules
promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision
4(e) requires that Subscriber comply with the Rules of Public Access and other rules
promulgated by the Minnesota Supreme Court for access to Court Records provided via the
7
BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court
Records may be restricted by rules promulgated by the Minnesota Supreme Court,
applicable state statute or federal law; and (4) these applicable restrictions must be followed
in the appropriate circumstances.
13. FEES; INVOICES. Unless the Subscriber is an office, officer, department,
division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth
in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable
monthly fees commence ten(10)days after notice of approval of the request pursuant to section 3 of
this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies &
Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a
monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment
of all amounts shall be due upon receipt of invoice, If all amounts are not paid within 30 days of
the date of the invoice, the Court may immediately cancel this Subscriber Amendment without
notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have
been appropriated for the payment of charges under this Subscriber Amendment for the current
fiscal year, if applicable.
14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies
& Notices as provided herein, and the modified fees shall be effective on the date specified in the
Policies & Notices, which shall not be less than thirty days from the publication of the Policies &
Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber
Amendment as provided in section 1 hereof.
15. WARRANTY DISCLAIMERS.
a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND
EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE
IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER
PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT.
b. ACCURACY AND COMPLETENESS OF INFORMATION.
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH,
COURT, COURT'S LICENSORS, AND DCA MAKF NO WARRANTIES AS TO THE
ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE
COURT RECORDS.
16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor
and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the
Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA
shall have the right nor the authority to assume, create or incur any liability or obligation of any
kind, express or implied,against or in the name of or on behalf of the other.
17. NOTICE. Except as provided in section 2 regarding notices of or modifications to
Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber
8
hereunder shall be deemed to have been received when personally delivered in writing or seventy-
two (72) hours after it has been deposited in the United States mail, first class, proper postage
prepaid, addressed to the party to whom it is intended at the address set forth on page one of this
Agreement or at such other address of which notice has been given in accordance herewith.
18. NON-WAIVER. The failure by any party at any time to enforce any of the
provisions ofthis Subscriber Amendment or any right or remedy available hereunder or at law or in
equity, or to exercise any option herein provided, shall not constitute a waiver of such provision,
remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of
any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the
instance to which such waiver is directed.
19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure
or delay in the performance of their respective obligations hereunder caused by acts beyond their
reasonable control.
20. SEVERABILITY. Every provision of this Subscriber Amendment shall be
construed, to the extent possible, so as to be valid and enforceable. If any provision of this
Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber
Amendment, and all other provisions shall remain in full force and effect.
21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly
permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this
Subscriber Amendment or any of its rights or obligations hereunder without the prior written
consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of
the Parties hereto and their respective successors and assigns, including any other legal entity into,
by or with which Subscriber may be merged,acquired or consolidated.
22. GOVERNING LAW. This Subscriber Amendment shall in all respects be
governed by and interpreted, construed and enforced in accordance with the laws of the United
States and of tlhe State of Minnesota.
23. VENUE AND JURISDICTION. Any action arising out of or relating to this
Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal
court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits
itself to the personal jurisdiction of'said courts for that purpose.
24. INTEGRATION. This Subscriber Amendment contains all negotiations and
agreements between the parties. No other understanding regarding this Subscriber Amendment,
whether written or oral, may be used to bind either party, provided that all terms and conditions of
the CJDN Subscriber Agreement and all previous amendments remain in full force and effect
except as supplemented or nioditied by this Subscriber Amendment.
IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this
Subscriber Amendment in duplicate, intending to be bound thereby.
9
1. SUBSCRIBER(AGENCY) 2. DEPARTMENT OF PUBLIC SAFETY,
BUREAU OF CRIMINAL APPREHENSION
Subscriber must attach written verification of
authority to sign on behalf of and bind the entity, Name:
such as an opinion of counsel or resolution. (PRINTED)
Name:_ Signed:
(PRINTED)
Signed: Title:
(with delegated authority)
Title: Date:
(with delegated authority)
Date: 3. COMMISSIONER OF ADMINISTRATION
delegated to Materials Management Division
By:
Name:
(PRINTED) Date:
Signed: 4. COURTS
Authority granted to Bureau of Criminal Apprehension
Title:
—. -------
(with delegated authority) Name: (PRINTED)
Date:_ Signed:
Title:
(with authorized authority)
Date:
10
S W IFT Contract 4 117716
MN027081 A
STATE OF MINNESOTA
JOINT POWERS AGREEMENT
AUTHORIZED AGENCY
This agreement is between the State of Minnesota,acting through its Department of Public Safety, Bureau of Criminal
Apprehension("BCA")and the City of Golden Valley on behalf of its Prosecuting Attorney("Agency").
Recitals
Under Minn. Stat. §471.59,the BCA and the Agency are empowered to engage in those agreements that are necessary to
exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications
network to benefit authorized agencies in Minnesota.The Agency is authorized by law to utilize the criminal justice data
communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories
of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to
access these data in support of its official duties.
The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which
it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access.
Agreement
1 Term of Agreement
1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn.
Stat. § 16C.05,subdivision 2.
1.2 Expiration date: This Agreement expires five years from the date it is effective.
2 Agreement between the Parties
2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data
Coin munications Network(CJDN)and those systems and tools which the Agency is authorized by law to access via
the CJDN for the purposes outlined in Minn. Stat. § 299C.46.
2.2 Methods of access.
The BCA offers three(3)methods of access to its systems and tools. The methods of access are:
A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's
systems and tools. This is generally accomplished by an individual user entering a query into one of RCA's
systems or tools.
B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and
information from BCA's systems and tools. This method of access generally results in the Agency with indirect
access obtaining the needed data and information in a physical format like a paper report.
C. Computer-to-computer system interface occurs when Agency's computer exchanges data and information
with BCA's computer systems and tools using an interface. Without limitation, interface types include: state
message switch, web services, enterprise service bus and message queuing.
For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA's
systems and tools as described in this Agreement. Agency will select a method of access and can change the
methodology following the process in Clause 2.10.
2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide
Agency with access to the Federal Bureau of Investigation(FBi)National Crime Information Center.
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2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems(FBI-CJIS)have policies,
regulations and laws on access, use,audit, dissemination,hit confirmation, logging,quality assurance,screening(pre-
employment),security,timeliness,training,use of the system,and validation. Agency has created its own policies to
ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this
compliance through appropriate enforcement.These BCA and FBI-CJIS policies and regulations,as amended and
updated from time to time, are incorporated into this Agreement by reference. The policies are available at
https://bcanextest.x.state.mn.LIS/]aunchpad/.
2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of
the various systems and tools, information is available at https:/Isps.x.state.mii.us/sites/bcasei-vicecatalogidefault.aspx.
Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on
Appropriate Use of Systems and Data available at htlt)s://dus.mrn.gov/divisions/bra/bea-
d ivi_sions/mniis/Documents/BCA-Policy-on-Appropriate-Use-of=Systems-and-Data.pdf.
2.6 Access granted.
A. Agency is granted permission to use all current and future BCA systems and tools f'or which Agency is
eligible. Eligibility is dependent on Agency(i)satisfying all applicable federal or state statutory requirements;(ii)
complying with the terms of this Agreement;and(iii)acceptance by BCA of Agency's written request for use of a
specific system or tool,
B.To facilitate changes in systems and tools,Agency grants its Authorized Representative authority to make
written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice
obligations and for which Agency is eligible.
2.7 Future access.On written request by Agency,BCA also may provide Agency with access to those systems or
tools which may become available after the signing of this Agreement,to the extent that the access is authorized by
applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement
that when utilizing new systems or tools provided under this Agreement.
2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making
information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing,
entering,using, disseminating, and storing data. Each party is responsible for its own compliance with the most
current applicable state and federal laws.
2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and
the Agency regarding access to and use of systems and tools provided by BCA.
2.10 Requirement to update information. The parties agree that if there is a change to any of the information
whether required by law or this Agreement,the party will send the new information to the other party in writing
within 30 days of the change. This clause does not apply to changes in systems or tools provided under this
Agreement.
This requirement to give notice additionally applies to changes in the individual or organization serving a city as its
prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by
giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us.
2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its
systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7,there
must be a method of identifying which individual users at the Agency conducted a particular transaction.
If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.213,BCA's
transaction record meets FBI-CJIS requirements.
When Agency's rnethod of access is a computer to computer interface as described in Clause 2.2C,the Agency must
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SWIFT Contract n 117716
MN027081 A
keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to
occur.
If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public
Safety and keeps a copy of the data,Agency must have a transaction record of all subsequent access to the data that
are kept by the Agency. The transaction record must include the individual user who requested access,and the date,
time and content of the request. The transaction record must also include the date,time and content of the response
along with the destination to which the data were sent. The transaction record must be maintained for a minimum of
six(6)years from the date the transaction occurred and must be made available to the BCA within one(1)business
day of the BCA's request.
2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court
Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber
Amendment,which upon execution will be incorporated into this Agreement by reference. These BCA systems and
tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services
Subscriber Amendment provides important additional terms, including but not limited to privacy(see Clause 8.2,
below), fees(see Clause 3 below),and transaction records or logs,that govern Agency's access to and/or submission
of the Court Records delivered through the BCA systems and tools.
2.13 Vendor personnel screening.The BCA will conduct all vendor personnel screening on behalf of Agency as is
required by the FBI CJIS Security Policy. The BCA will maintain records of the federal,fingerprint-based
background check on each vendor employee as well as records of the completion of the security awareness training
that may be relied on by the Agency.
3 Payment
Tile Agency understands there is a cost for access to the criminal justice data communications network described in
Minn. Stat. §299C.46.At the time this Agreement is signed,BCA understands that a third party will be responsible
for the cost of access.
Agency will identify the third party and provide the BCA with the contact information and its contact person for
billing purposes so that billing can be established. The Agency will provide updated information to BCA's
Authorized Representative within ten business days when this information changes.
If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to
access and/or submit Court Records via BCA's systems,additional fees, if any,are addressed in that amendment.
4 Authorized Representatives
The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension,
Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul,MN 55106, 651-793-1007,or her
successor.
The Agency's Authorized Representative is Frank Rondoni,City Attorney, 17 Washington Avenue N, Suite 300,
Minneapolis, MN 55401-2048,(612)339-7300,or his/her successor.
5 Assignment,Amendments,Waiver,and Contract Complete
5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement.
5.2 Amendments. Any amendment to this Agreement,except those described in Clauses 2.6 and 2.7 above must be in
writing and will not be effective until it has been signed and approved by the same parties who signed and
approved the original agreement,their successors in office,or another individual duly authorized.
5.3 Waiver. if either party fails to enforce any provision of this Agreement,that failure does not waive the provision
or the right to enforce it.
5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency.
No other understanding regarding this Agreement,whether written or oral,may be used to bind either patty.
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SWIFT Contract n 117716
MN02708I A
6 Liability
Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or
liable for the other party's actions and consequences of those actions.The Minnesota Torts Claims Act,Minn. Stat. §
3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act,Minn. Stat.
Ch. 466,governs the Agency's liability.
7 Audits
7.1 Under Minn. Stat. § 16C.05, subd. 5,the Agency's books,records,documents, internal policies and accounting
procedures and practices relevant to this Agreement are subject to examination by the BCA,the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. §
6.551, the State Auditor may examine the books,records,documents,and accounting procedures and practices of
BCA. The examination shall be limited to the books, records,documents,and accounting procedures and practices
that are relevant to this Agreement.
7,2 Under applicable state and federal law,the Agency's records are subject to examination by the BCA to ensure
compliance with laws,regulations and policies about access,use,and dissemination of data.
7.3 If Agency accesses federal databases,the Agency's records are subject to examination by the FBI and Agency will
cooperate with FBI examiners and make any requested data available for review and audit.
7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment
used to access the data covered by this Agreement and the physical location of each.
8 Government Data Practices
8.1 BCA and Agency. The Agency and SCA must comply with the Minnesota Government Data Practices Act,
Minn. Stat, Ch. 13,as it applies to all data accessible under this Agreement,and as it applies to all data created,
collected,received,stored,used,maintained,or disseminated by the Agency under this Agreement. The remedies of
Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the
BCA.
8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in
Clause 2.12 in order to access and/or submit Court Records via BCA's systems,the following provisions regarding
data practices also apply. The Court is not subject to Minn. Stat.Ch. 13 (see section 13.90)but is subject to the Rules
of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties
acknowledge and agree that Minn. Stat. § 13.03,subdivision 4(e)requires that the BCA and the Agency comply with
the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment.
All parties also acknowledge and agree that the use of,access to or submission of Court Records,as that term is
defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota
Supreme Court,applicable state statute or federal law. All parties acknowledge and agree that these applicable
restrictions must be followed in the appropriate circumstances.
9 Investigation of alleged violations;sanctions
For purposes of this clause,"Individual User"means an employee or contractor of Agency.
9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected
violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the
investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA
becomes aware that a violation may have occurred,BCA will inform Agency of the suspected violation,subject to
any restrictions in applicable law. When Agency becomes aware that a violation has occurred,Agency will inform
BCA subject to any restrictions in applicable law.
9.2 Sanctions Involving Only BCA Systems and Tools.
The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber
Amendment.None of these provisions alter the Agency's internal discipline processes,including those governed by a
4
S W I FT Contract# 117716
MN027081 A
collective bargaining agreement.
9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment,Agency
must determine if and when an involved Individual User's access to systems or tools is to be temporarily or
permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is
discovered,after notice of an alleged violation is received, or after an investigation has occurred. Agency must report
the status of the Individual User's access to BCA without delay. BCA reserves the right to make a different
determination concerning an Individual User's access to systems or tools than that made by Agency and BCA's
determination controls.
9.2.2 if BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2,
BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is
remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated,Clause 1 1.1 does not apply and
BCA may terminate this Agreement immediately.
9.3 Sanctions Involving Only Court Data Services
The following provisions apply to those systems and tools covered by the Court Data Services Subscriber
Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the
delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is
required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed
by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered,
after notice of an alleged violation is received,or after an investigation has occurred. The decision to suspend or
terminate may also be made based on a request from the Authorized Representative of Agency. The agreement
further provides that only the Court has the authority to reinstate access and use.
9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's
Individual Users violate the provisions of that Amendment,access and use will be suspended by BCA or Court.
Agency also understands that reinstatement is only at the direction of the Court.
9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of
the Amendment, it will notify BCA and Cont so that an investigation as described in Clause 9.1 may occur.
10 Venue
Venire for all legal proceedings involving this Agreement,or its breach,must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
11 Termination
11.1 Terminatio:. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30
days' written notice to the other party's Authorized Representative.
11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature,or other funding source;or if funding cannot be continued at a level
sufficient to allow for the payment of the services covered Isere.Termination must be by written notice to the other
party's authorized representative.The Agency is not obligated to pay for any services that are provided after notice
and effective date of termination. However,the BCA will be entitled to payment,determined on a pro rata basis, for
services satisfactorily performed to the extent that funds are available.Neither party will be assessed any penalty if
the agreement is terminated because of the decision of the Minnesota Legislature,or other funding source, not to
appropriate funds.Notice of the lack of fimding must be provided within a reasonable time of the affected party
receiving that notice.
12 Continuing obligations
The following clauses survive the expiration or cancellation of this Agreement: 6.Liability; 7. Audits;8, Government
Data Practices;9. Investigation of alleged violations; sanctions; and 10.Venue.
5
SWIFT Contract# 117716
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The parties indicate their agreement and authority to execute this Agreement by signing below.
I. AGENCY 2. DEPARTMENT OF PUBLIC SAFETY,BUREAU OF
CRIMINAL APPREHENSION
Name:
(PRINTED) Name:
(PRINTED)
Signed:
Signed:
Title:
(with delegated authority) Title:
(with delegated authority)
Date:
Date:
3. COMMISSIONER OF ADMINISTRATION
Name: delegated to Materials Management Division
(PRINTED)
By:
Signed: Date:
Title: _
(with delegated authority)
Date:
6
Resolution 18-46 July 17, 2018
Member introduced the following resolution and moved its adoption:
RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS
AGREEMENTS WITH THE CITY OF GOLDEN VALLEY ON BEHALF
OF ITS CITY ATTORNEY AND POLICE DEPARTMENT
WHEREAS, the City of Golden Valley on behalf of its Prosecuting Attorney and
Police Department desires to enter into Joint Powers Agreements with the State of
Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems
and tools available over the State’s criminal justice data communications network for which
the City is eligible. The Joint Powers Agreements further provide the City with the ability to
add, modify and delete connectivity, systems and tools over the five year life of the
agreement and obligates the City to pay the costs for the network connection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Golden Valley,
Minnesota as follows:
1. That the State of Minnesota Joint Powers Agreements by and between the State of
Minnesota acting through its Department of Public Safety, Bureau of Criminal
Apprehension and the City of Golden Valley on behalf of its Prosecuting Attorney
and Police Department, are hereby approved. Copies of the two Joint Powers
Agreements are attached to this Resolution and made a part of it.
2. That Police Chief Jason Sturgis, or his or her successor, is designated the
Authorized Representative for the Police Department. The Authorized
Representative is also authorized to sign any subsequent amendment or agreement
that may be required by the State of Minnesota to maintain the City’s connection to
the systems and tools offered by the State.
To assist the Authorized Representative with the administration of the agreement,
Commander Steve Johnson is appointed as the Authorized Representative’s
designee.
3. That Francis Rondoni, or his or her successor, is designated the Authorized
Representative for the Prosecuting Attorney. The Authorized Representative is also
authorized to sign any subsequent amendment or agreement that may be required
by the State of Minnesota to maintain the City’s connection to the systems and tools
offered by the State.
To assist the Authorized Representative with the administration of the agreement,
Mark Schneider is appointed as the Authorized Representative’s designee.
4. That Shepard Harris, the Mayor for the City of Golden Valley, and Kristine Luedke,
the City Clerk, are authorized to sign the State of Minnesota Joint Powers
Agreements.
Resolution No. 18-46 -2- July 17, 2018
Passed and Adopted by the Council on this 17th day of July, 2018.
_____________________________
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
July 17, 2018
Agenda Item
3. G. Award Contracts for 2018 Plymouth Avenue North Pavement Rehabilitation Project
a. Construction Contract
b. Construction Engineering Services
c. Cooperative Agreement No. PW 18-13-18 with Hennepin County
Prepared By
Jeff Oliver PE, City Engineer
R.J. Kakach, PE, Assistant City Engineer
Summary
In October 2017, the City Council authorized a professional services agreement with Short Elliott
Hendrickson, Inc., (SEH) for design of pavement rehabilitation on Plymouth Avenue North
between Mendelssohn Avenue and Winnetka Avenue North. The project also included pavement
rehabilitation on Wisconsin Avenue North between Trunk Highway 55 (TH 55) and Golden Valley
Road, on Castle Court, and on Yukon Court. In February 2018, staff held a neighborhood open
house to provide project information to residents as well as gather information on proposed
pedestrian improvements along the corridor. Ultimately, it was determined to install sidewalk on
the north side of Plymouth Avenue North between Mendelssohn Avenue and Gettysburg Avenue
North, and provide bike lanes along Plymouth Avenue North for the entire length of the project.
The project will also include replacing the bituminous trail on the south side of Plymouth Avenue
North between Boone Avenue North and Orkla Drive, which is in poor condition, with new
concrete sidewalk, various American with Disabilities (ADA) improvements along the corridor,
and a 5-inch mill and overlay with a thin ultra-bonded wearing course.
Bids for the project were opened on June 21, 2018. Five bids were received and the results are
listed below:
Valley Paving, Inc. $2,398,275.03
C.S. McCrossan Construction, Inc. $2,480,437.20
Bituminous Roadways, Inc. $2,524,922.05
Midwest Asphalt Corporation $2,648,292.50
Park Construction Company $2,734,101.63
G:\city council agendas\2018\07-17-18\Award PlymouthAve Pavement Rehab_071718-revised.docx
Construction Observation and Engineering Services
Staff has received a proposal from the consulting engineering firm of SEH, Inc. dated June 13,
2018 for additional design, construction staking, and observation for the project. Additional
design includes adding the gate valve rehabilitation scope, coordination with Hennepin County
for pedestrian improvements at Winnetka Avenue North/Plymouth Avenue North and utility
conflict coordination. The construction staking includes all survey work during construction,
record drawing survey, and record drawing preparation following construction. Construction
observation for this project will be performed by both City and SEH staff. The proposal includes a
not-to-exceed amount of $95,450.
Design services for this project were also provided by SEH with a contract total not to exceed
$132,250.
Financing
Funding for the 2018 Plymouth Avenue Pavement Rehabilitation Project is included in the 2018
Capital Improvement Program as shown below:
Plymouth Avenue North Pavement Rehabilitation (S-040) $1,700,000
Municipal State Aid Street Maintenance (S-017) $125,000
Pavement Management Overlays (S-013) $500,000
Mill & Overlay Storm Sewer Repairs (SS-53) $75,000
Mill & Overlay Water/Sewer Repairs (W&SS-051) $30,000
Hennepin Cooperative Agreement No. PW 18-13-18 $30,000
TOTAL $2,460,000
Total costs for the project are outlined below:
Design Services $132,250
Construction Services $95,450
Construction Contract $2,398,275.03
Change Order #1 ($202,502.77)
TOTAL $2,423,472.26
Staff reviewed the bids and found them to be accurate and in order. Staff recommends awarding
the base bid to Valley Paving, Inc. for a total amount of $2,398,275.03, with the understanding
that a change order will be processed to remove Wisconsin Avenue from this year’s project. The
bid total for Wisconsin Avenue is $202,502.77. Valley Paving has acknowledged that they are
willing to sign a change order to remove Wisconsin Avenue to get the overall bid within the
funding limits for this project.
G:\city council agendas\2018\07-17-18\Award PlymouthAve Pavement Rehab_071718-revised.docx
The Minnesota Department of Transportation has acknowledged the higher than normal asphalt
prices this season due to a binder shortage as a result of the April 26th fire at the Husky refinery in
Superior, Wisconsin. The shortage has led to higher than anticipated prices on paving projects
and is considered a main reason why this project was over budget.
It is expected that construction will begin in August and completed in the fall.
Attachments
• Project Location Map (1 page)
• Professional Services Agreement dated June 13, 2018 (5 pages)
• Hennepin County Cooperative Agreement No. PW 18-13-18 (9 pages)
Recommended Action
• Motion authorizing a contract with Valley Paving, Inc. in the amount of $2,398,275.03 for
the construction of the 2018 Plymouth Avenue North Pavement Rehabilitation Project,
City Improvement Project No. 18-02.
• Motion to authorize entering into a contract with SEH, Inc. for final design, observation,
construction staking, and engineering services on the 2018 Plymouth Avenue Pavement
Rehabilitation Project, not to exceed $95,450.
• Motion to authorize Cooperative Agreement No. PW 18-13-18 with Hennepin County for
funding on pedestrian improvements at the Winnetka Avenue/Plymouth Avenue
intersection, not to exceed $30,000.
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SEH
Building a Better World
for All of Us"
June 13, 2018 RE: City of Golden Valley, Minnesota
Plymouth Avenue North Rehab
Construction Services
SEH No. 144065 14.00
City Project No. 15-22
Mr. Jeff Oliver
City Engineer
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427-4588
Dear Jeff:
Thank you for the opportunity to assist the City of Golden Valley in providing professional engineering
services for the rehabilitation of Plymouth Avenue North. SEH has recently completed final design services
and the City is requesting a scope of work that provides construction services. In addition to providing a
scope of work for construction services, we are also requesting an amendment to our design services
contract to cover extra work expended on behalf of the City. This letter serves as the supplemental Letter
Agreement in accordance with the Agreement for Professional Services between the City of Golden Valley
and SEH.
BACKGROUND
Plymouth Avenue North from Mendelssohn Avenue North to Winnetka Avenue North is currently on the
City's Municipal State Aid System (MSA). The roadway is about a mile long and was last reconstructed in
1990. The design phase of the work developed a set of construction plans that includes pavement
rehabilitation for the roadway. In addition, pedestrian and bicycle accessibility have been improved at the
intersections and along trail and sidewalk routes. The work includes new on-road bike lane configurations
as well as ADA improvements including upgrades to signals, intersection crossings, trail reconstruction and
the crossing at Wesley Park.
Construction services for the Plymouth Avenue North Improvements include: construction staking,
providing a part time Resident Project Representative (RPR), limited construction observation—time to
answer design related field questions, signal and retaining wall shop drawing review, and record
plans/project close out as described below. The City will be providing overall construction administration
on this project. Materials testing is by others.
SCOPE OF WORK
Construction Staking
SEH will provide a survey crew to provide the construction staking of the proposed improvements. Staking
tasks for this project will include placement of horizontal control, vertical control, retaining wall, utility
staking for private utilities, sidewalk stakes and pedestrian ramp staking. All survey coordination for
construction staking and observation will be between the survey crew chief and the City.
Engineers I Architects I Planners I Scientists
Short Elliott Hendrickson Inc.,3535 Vadnais Center Drive,St.Paul,MN 55110-5196
SEH is 100%employee-owned I sehinc.com 1 651.490.2000 1 800.325.2055 1 888.908.8166 fax
Mr. Jeff Oliver—Plymouth Avenue North Rehab
June 13, 2018
Page 2
Resident Project Representative(RPR)
The on-site representative for Resident Project Representative(RPR) is the Engineer's agent at the site
and will act as directed by and under supervision of the Engineer. The RPR shall serve as the liaison with
the contractor, working principally through the contractor's superintendent. They will assist in helping the
contractor understand the intent of the Contract Documents. The field personnel will review the progress
schedule, shop drawings, and required submittals, Schedule of Materials Control and consult with the
Engineer concerning acceptability. The RPR will be responsible for maintaining job site files, for
correspondence, meeting reports, field orders, and supplemental agreements. They will keep a daily diary
or log book. Records pertaining to quantities and applications for payment will be the responsibility of the
RPR. The RPR will also keep information pertaining to record plans and will schedule the survey crew
based on the staking requests from the contractor's representative.
Observation
SEH will provide observation services including attendance of the pre-construction meeting and shop
drawing review for the signal system work and the retaining wall. A budget has been included for minor
technical support if needed for geotechnical issues that may arise.Time has also been built in to assist with
project closeout activities.
Record Plans
The City will complete the record drawings.
Plymouth Avenue North Design Additional Services
There were a number of design activities that were not included in the original scope of work.They are
listed below, the extra services amounts to$24,000.
1. Research and discussions with City, Contractors, MnDOT Bituminous Office and Minnesota
Asphalt Pavement Association (MAPA) regarding implementation of ultra-thin bonded wearing
course. Includes development of pavement rehabilitation comparison matrix and associated
recommendations. -$5,750
2. Inclusion of gate valve rehabilitation scope of work including development of the type of
rehabilitation required, locations, specifications, cost estimating and resulting pavement restoration
requirements. $9,530
3. Moving the north leg pedestrian crossing at Winnetka/Plymouth Avenue intersection to the south
leg per Hennepin County's request after draft plans were completed. Included revisions for
removal, construction, signal, and traffic control plans and updates to specifications and cost
estimate. $6,520
4. Additional design and coordination required for the proposed retaining wall on the north side of
Plymouth Avenue just east of Mendelssohn Avenue due to the presence of several existing private
utilities directly adjacent to or in conflict with the proposed wall. $2,200
PROJECT TEAM
Toby Muse will be available to answer design related questions and provide coordination as required
between City staff and the surveying. He will also provide project management of our contract with the City.
He will also be available to review design issues in the field and will attend the weekly project construction
meetings as necessary. Jacob Harrington will serve as Resident Project Representative(RPR)and will
assist the City with field representation. Nick Domiano will be the lead Survey Crew Chief assigned.
Hector Flores will be available to provide geotechnical field support as may be required with the retaining
W211 shop drawing review. John Gray will provide signal system field support and signal shop drawing and
some field visit review.
SCHEDULE
We anticipate construction starting in July and ending in October/November 2018. There are multiple
construction projects being undertaken in the City of Golden Valley this summer and we expect Jacob to
Mr. Jeff Oliver—Plymouth Avenue North Rehab
June 13, 2018
Page 3
coordinate his time with all of the projects in partnership with City staff. We have included the anticipated
overall summer construction project schedule, revised to account for the schedule changes to illustrate how
we calculated the time expected of Jacob in regards to this project and the others.
COMPENSATION
SEH proposes to be compensated for the scope of work proposed in the Agreement on an hourly basis.
Compensation will be based on the hourly cost of personnel plus reimbursable expenses, including
reproductions, mileage, car allowance, and equipment. Additional services required beyond the tasks and
estimated hours as described can be negotiated or provided as extra work on an hourly basis.
We have estimated the construction services described above to cost a total of$71,450. The extra design
costs totaled $24,000 for a total professional services fee of$95,450.
The City of Golden Valley will be invoiced for actual labor and reimbursable expenses incurred by SEH to
complete the work. The person/hour task budgets for each phase of the work are attached.
This agreement is an understanding of the project to date. If this document satisfactorily sets forth your
understanding of our agreement, please sign in the space below and return one copy to our office. We
look forward to working with you, your staff, and the community on this project. Thank you for the
opportunity to continue to work with the City of Golden Valley.
Respectively submitted,
SHORT ELLIOTT HENDRICKSON INC.
��1 WUIV7� 1�*,-
Susan M. Mason, PE Toby Muse, PE
Principal Project Manager
smm
Enclosures
s:\fl\g\goldv\common\proposals\plymouth avenue north rehaMplymouth construction services.docx
Approved this day of 12018
City of Golden Valley, Minnesota
By:
Title:
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GOLDEN VALLEY,MINNESOTA
PLYMOUTH AVE&WINNETKA AVE(CSAH 156)-PEDESTRIAN CROSSING IMPROVEMENTS
PRELIMINARY COST ESTIMATE-HENNEPIN COUNTY COST PARTICIPATION
Date:April 13,2018
Revision Date:April 18,2018
SEH No.:GOLDV 144065
ESTIMATED CONSTRUCTION COSTS(1)
Estimated Estimated Unit Estimated Total
Item No. Item No. Description Unit Quantity Price(2) Cost Comments/Assumptions/Calculations
LUMP
2021.501 1 MOBILIZATION SUM 1 $1000.00 $ 1000.00
2102.516 2 PAVEMENT MARKING REMOVAL SQ FT 50 $4.00 $ 200.00 North crosswalk marking removal
2104.501 3 REMOVE CURB AND GUTTER LIN FT 45 $4.00 $ 180.00 15LF each at NE,SW,SE
2104.503 4 REMOVE CONCRETE WALK SQ FT 375 $1.50 $ 562.50
2104.505 5 REMOVE BITUMINOUS PAVEMENT SO YD 10 $10.00 $ 100.00 15LF x 2FT at NE SW SE
LUMP 1224 Winnetka Ave
2104.601 6 REMOVE EXISTING LANDSCAPING SUM 1 $500.00 $ 500.00
REMOVE&REPLACE STORM LUMP Assumes this is not necessary at SW
2104.601 7 SEWER PIPE AND CATCH BASINS SUM 0 $0.00 $
Assumes 6"excavation for sidewalks
2105.607 6 EXCAVATION-COMMON P CU YD 7 $20.00 $ 140.00
Assumes 6"under sidewalks
2211.509 9 AGGREGATE BASE CLASS 5 TON 13 $23.00 $ 299.00
TYPE SP 12.5 BIT MIXTURE FOR Assumes 7"pavement thickness.15LF x 2FT patches in
2360.509 10 PATCHING 3,C TON 4 $175.00 $ 700.00 front of curb at NE,SW and SE comers.
2521.518 11 4-INCH CONCRETE WALK SQ FT 90 $5.00 $ 450.00 NE only
6-INCH CONCRETE WALK- East=120 SF West=165 SF
2521.516 12 PEDESTRIAN CURB RAMPS SQ FT 285 $9.50 $ 2,707.50
CONCRETE CURB&GUTTER HAND 15LF each at NE,SW,SE
2531.603 13 FORM B618 LIN FT 45 $24.00 $ 1,080.00
2531.618 14 TRUNCATED DOMES SO FT 54 $52.00 $ 2,808.00
LUMP North crosswalk marking removal and south crosswalk
2563.601 15 TRAFFIC CONTROL SUM 1 $5,000.00 $ 5,000.00 marking placement.
Includes installation of a new signal pole on the SE corner,
relocating the pedestrian signals from the north crosswalk to
the south crosswalk,adding a handhole on the SE corner
and cutting existing conduits to run into the new handhole.
2565.616 16 REVISE SIGNAL SYSTEM SYS 1 $9,000.00 $ 9,000.00
2582.503 17 12"SOLID LINE MULTI COMP GRIN LIN FT 25 $25.00 $ 625.00 Per email from HC's Ryan Allers on 4/16.
2562.518 18 CROSSWALK MULTI COMP GR IN SO FT 1 144 $12.00 1,728.00
SUBTOTAL ESTIMATED CONSTRUCTION COST $ 27,080.00
10.0%CONSTRUCTION COST CONTINGENCY FOR MISC.CONSTRUCTION ITEMS $ 2,708.00
TOTAL ESTIMATED CONSTRUCTION COST(ROUNDED TO NEAREST$1,000)1$ 30,000.00
(1) Estimate does not inclue costs for easements,if necessary
(2) Unit prices match those being used for the Citys Plymouth Ave Pavement Improvements project
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AMENDED
Agreement No. PW 18-13-18
County State Aid Highway 156
County Project No. 2181100
City of Golden Valley
County of Hennepin
COOPERATIVE AGREEMENT
THIS AGREEMENT, made and entered into this _________ day of _______________,
20___, by and between the County of Hennepin, a body politic and corporate under the laws of the
State of Minnesota, hereinafter referred to as the "County", and the City of Golden Valley, a body
politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City".
WITNESSETH:
WHEREAS, the City is preparing to reconstruct the intersection at Winnetka Ave (CSAH 156)
and Plymouth Avenue in the City of Golden Valley, as shown on the plans for City Project No.
_________ (County Project No. 2181100), and which shall hereinafter be referred to as the “Project”;
and
WHEREAS, the City or its agents shall be responsible to develop the plans and specifications
for the Project; and
WHEREAS, the City has requested that the County approve said plans and specifications, and
the County has indicated its willingness to approve said plans and specifications; and
WHEREAS, the City or its agents shall be responsible for administering construction of the
Project and has adequate personnel available to perform the construction staking, testing, inspection
and development of as-built plans required on the Project; and
WHEREAS, the Project is eligible for participation under Hennepin County’s cost
participation policy; and
WHEREAS, the County will participate in its share of the costs to construct the Project as set
forth herein; and
WHEREAS, it is contemplated that said work be carried out by the parties hereto under the
applicable provisions of Minnesota Statutes.
WHERAS, it is anticipated that construction of the Project will begin in calendar year 2018;
and
Agreement No. PW 18-13-18
CSAH 156; CP 2181100
- 2 -
NOW THEREFORE, IT IS HEREBY AGREED:
I
The City shall be the lead agency and it or its agents shall be responsible to ensure that all work
and services required for the completion of the Project are in accordance with the provisions provided
for herein, as well as any and all applicable laws, regulations and guidelines.
The City or its agents shall be responsible for the collection of any and all data required to
complete the Project. It is understood that the County will provide the City with existing pertinent
data as may be available.
All plans, designs and reports prepared in accordance herewith shall be prepared by or under
the direct supervision of a professional engineer, registered in the State of Minnesota, and said plans,
designs and reports shall be certified as required by law.
II
At the request of the County, the City or its agents shall furnish the County with any working
copies of any plans, designs or reports at any time during the Project design process.
The County retains the right to, at any time, review and comment on the plans, designs or
reports of the City or its agents in regards to the Project proposed herein.
III
The City shall be responsible for the accuracy of the work of its agents and shall ensure that
all necessary revisions or corrections resulting from errors and omissions on the part of the City or its
agents are promptly made without additional compensation by the County. Acceptance of the work
by the County shall in no way relieve the City or its agents of the responsibility for subsequent
corrections of any such errors or omissions and also the clarification of any ambiguities.
IV
The construction of this Project shall be under the supervision and direction of the City
Engineer or designated representative. All work for the Project shall be completed in compliance
with the County approved plans and specifications. The County’s Transportation Project Delivery
Department Director and representative staff shall have the right, at all reasonable times as the work
progresses, to enter upon the premises to make any inspections deemed necessary and shall cooperate
with the City Engineer and staff at their request to the extent necessary.
It is further understood and agreed that the City shall furnish the County copies of all
completed reports, plans, layouts or documents prepared by its consultant engineer related to the
preliminary design engineering for the Project, including all pertinent electronic files, as provided for
herein.
Agreement No. PW 18-13-18
CSAH 156; CP 2181100
- 3 -
Once the construction work is complete, and prior to invoicing the County for the Project costs,
the City will complete compliance checklists for both curb ramps and APS for all four quadrants.
Completed checklists will be sent electronically by the City to the County project manager, Mr. Derek
Sunstrom, P.E. at derek.sunstrom@hennepin.us.
V
The County will participate in the construction costs for the Project as provided herein. The
County’s cost participation shall be a not to exceed amount of Thirty Thousand Dollars and No Cents
($30,000.00). The City understands and agrees that the County’s total and only cost participation for
the Project shall be $30,000.00.
It is understood by the City that the County intends to use County State Aid funds to reimburse
the City for the County’s share of the costs for the Project. It is further understood and agreed by the
City that the County’s cost participation must be eligible for County State Aid funding. Accordingly,
it is understood and agreed that the County reserves the right not to make payment to the City for its
share of the costs for the Project if any action or inaction of the City causes MnDOT’s State Aid
Engineer to determine that the County’s costs are not eligible for State Aid funding.
Upon completion of the Project the City shall notify the County and submit an invoice for one
hundred percent (100%) of the County’s share of the costs for the Project. Said invoice shall include
summary documentation of total project costs. Upon approval and acceptance of the completed
Project by the County’s Transportation Project Delivery Department Director or designated
representative and within forty-five (45) days of said invoice, the County shall reimburse the City for
its share of the costs for the Project.
Said invoice should include the date of the invoice, the invoice number, the name of the project
manager (Mr. Derek Sunstrom, P.E.), project name and county project number (C.P. 2181100),
contract number and purchase order number. Invoices and supporting documentation should be
mailed to: Hennepin County Accounts Payable, P.O. Box 1388, Minneapolis, MN 55440-1388. An
electronic copy of all invoices should also be submitted to Mr. Derek Sunstrom, P.E. at
derek.sunstrom@hennepin.us.
The County will within forty five (45) days of said invoice, deposit with the City funds totaling
the amount of said invoice.
VI
It is understood and agreed by the parties hereto that upon completion of the Project, with the
exception of crosswalk pavement markings and sidewalks, all county owned assets within Hennepin
County right of way will be operated and maintained by the County.
Year round crosswalk markings and sidewalk maintenance shall be the responsibility of the City and
the City shall continue to provide and pay for power to the traffic signals and street lights.
Agreement No. PW 18-13-18
CSAH 156; CP 2181100
- 4 -
VII
All records kept by the City and the County with respect to this project shall be subject to
examination by the representatives of each party hereto.
VIII
The City agrees to defend, indemnify and hold harmless the County, its officials, officers,
agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages,
losses, costs or expenses, including reasonable attorneys’ fees, resulting directly or indirectly from
any act or omission of the City or said city’s consultant or sub consultant, anyone directly or
indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the
performance of the services required by this contract, and against all loss by reason of the failure of
the City to perform fully, in any respect, all obligations under this contract.
The City’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or
other applicable law.
IX
It is agreed that each party to this Agreement or their agents shall not be responsible or liable to
the other party or to any other person whomsoever for any liabilities, claims, actions or causes of
actions, judgments, damages, loses, fines, penalties, expenses of any kind or character arising out of
or by reason of the performance of any design or construction work or part hereof by the other as
provided herein; and each party further agrees to defend at its sole cost and expense any action or
proceeding commenced for the purpose of asserting any claim of whatsoever character arising in
connection with or by virtue of performance of its own work as provided herein.
The County's and the City’s liability is governed by the provisions of Minnesota Statutes,
Chapter 466.
The County and the City each warrant that they are able to comply with the aforementioned
indemnity requirements through an insurance or self-insurance program.
X
It is further agreed that any and all employees of the City and all other persons engaged by said
City in the performance of any work or services required or provided for herein to be performed by
the City shall not be considered employees of the County, and that any and all claims that may or
might arise under the Workers' Compensation Act or the Minnesota Economic Security Law on
behalf of said employees while so engaged and any and all claims made by any third parties as a
consequence of any act or omission on the part of said employees while so engaged on any of the
work or services provided to be rendered herein shall in no way be the obligation or responsibility of
the County.
Agreement No. PW 18-13-18
CSAH 156; CP 2181100
- 5 -
XI
Any alteration, variations, modifications, or waivers of provisions of this Agreement shall only
be valid when they have been reduced to writing as an amendment to this Agreement and signed by
the parties hereto.
XII
The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to
civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall
be considered a part of this Agreement as though fully set forth herein.
XIII
The matters set forth in the "whereas" clauses at the beginning of this Agreement are
incorporated into and made a part hereof by this reference.
(this space left intentionally blank)
Agreement No. PW 18-13-18
CSAH 156; CP 2181100
- 6 -
IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by
their respective duly authorized officers as of the day and year first above written.
CITY OF GOLDEN VALLEY
(Seal) By:
Mayor
Date:
And:
Manager
Date:
Agreement No. PW 18-13-18
CSAH 156; CP 2181100
- 7 -
COUNTY OF HENNEPIN
ATTEST:
By: By:
Deputy/Clerk of the County Board Chair of its County Board
Date: Date:
APPROVED AS TO FORM: And:
County Administrator
By: Date:
Assistant County Attorney
And:
Date: Assistant County Administrator, Public Works
Date:
APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL
By: By:
Assistant County Attorney Director, Transportation Project Delivery
Department
Date: Date:
RECOMMENDED FOR APPROVAL
By:
Director, Transportation Operations Department
Date:
Executive Summary For Action
Golden Valley City Council Meeting
July 17, 2018
Agenda Item
3. H. Meadowbrook School PUD No. 90, Amendment #4 - 5430 Glenwood Avenue
Prepared By
Jason Zimmerman, Planning Manager
Summary
Plans for Amendment #4 to the Meadowbrook School PUD No. 90 were approved on May 15, 2018.
The approved amendment will allow for the construction of over 15,000 square feet of new
classroom space on the north side of the building, a new open courtyard, a new loading dock, and a
small addition to the cafeteria.
As part of the project, queuing lanes and other traffic-related improvements on adjacent roadways
will be constructed to accommodate vehicles arriving and departing before and after school hours.
In addition to the development plans, the PUD Permit governing the site must be updated to
reflect the newly approved conditions.
Attachments
• PUD Permit - Meadowbrook School PUD No. 90, Amendment #4 (3 pages)
Recommended Action
Motion to authorize the Mayor and City Manager to sign the amended PUD Permit for
Meadowbrook School PUD No. 90, Amendment #4.
Meadowbrook School, PUD No. 90
City Council Approval: December 19, 2000
City Council Approval Amendment 1: May 15, 2012
City Council Approval Amendment 2: November 20, 2012
City Council Approval Amendment 3: November 6, 2013
City Council Approval Amendment 4: May 15, 2018
City of Golden Valley, Minnesota
Use Permit for Amendment #3 4
For Planned Unit Development
Project Name: Meadowbrook School, PUD No. 90
Location: 5430 and 5400 Glenwood Avenue, Golden Valley, Minnesota
Legal Description: 5430 Glenwood Avenue: Lot 2, Block 1, Meadowbrook School
P.U.D. No. 90
5400 Glenwood Avenue: Lot 1, Block 1, Meadowbrook School
Addition Meadowbrook School 3rd Addition P.U.D. No. 90 Second
Addition
Applicant: Hopkins Public Schools ISD # 270
Zoning District: Institutional (I-1)
Permitted Uses: Amendment 3 allows for the construction of a small addition onto
the current school building (5430 Glenwood Avenue) and a tunnel
that connects to the former Crisis Nursery property (5400
Glenwood Avenue). Amendment 4 allows for the construction of
15,111 square feet of new classroom space to the north side of the
building as well as a small addition to the cafeteria, the conversion
of an existing classroom to student restrooms, an open courtyard,
and a new loading dock.
Components:
A. Land Use
1. The plans prepared by SGN/Wendel, dated August 28, 2013, submitted with the
application shall become a part of this approval. The plans prepared by
Cuningham Group, dated March 5, 2018, submitted with the application for PUD
Amendment #4 shall become a part of this approval.
2. Amendment 3 allows for the construction of a small addition onto the current
school building (5430 Glenwood Avenue) and a tunnel that connects to the former
Crisis Nursery property (5400 Glenwood Avenue).
3. Amendment 4 allows for the construction of 15,111 square feet of new classroom
space to the north side of the building as well as a small addition to the cafeteria,
the conversion of an existing classroom to student restrooms, an open courtyard,
and a new loading dock.
4. Enrollment shall be capped at 890 students. Information on enrollment shall be
provided to the City annually. Additional enrollment may only occur in concert with
the construction of comprehensive traffic management solutions.
B. Appearance
1. All signs for the school campus shall meet the sign requirements for a school in
the I-1 (Institutional) zoning district.
2. A revised tree and landscaping plan, including a tree survey with tabular
inventory, and which includes a 1 to 1 replacement of all significant and planted
trees, shall be submitted for review and approval prior to the issuance of a Tree
and Landscape Permit.
C. Construction, Grading and Utilities
1. The recommendations and requirements outlined in the memo from Deputy Fire
Chief John Crelly to Mark Grimes, Community Development Director dated August
5, 2013, shall become part of this approval.
2. The recommendations and requirements outlined in the memo from City Engineer
Jeff Oliver to Mark Grimes, Community Development Director, dated October 10,
2013, shall become a part of this approval. The recommendations and
requirements outlined in the memo from the Engineering Division, dated April 19,
2018, shall become a part of this approval.
3. Improvements and modifications to traffic management, as explained in the
Engineering memo and clarified in the Planning memo, shall be constructed
and/or funded by Meadowbrook School in 2018 and 2019. These include five
physical improvements as well as operational optimization by Meadowbrook.
Hopkins School District must post a financial security with the City sufficient to
cover the estimated cost to construct the improvements, but is not released from
its responsibility to pay the full improvement cost once it has been determined.
It is hereby understood and agreed that the Use Permit is part of the City Council
approvals granted on December 19, 2000, May 15, 2012, November 20, 2012,
November 6, 2013 and May 15, 2018. Any changes to the PUD Permit for Meadowbrook
School, PUD No. 90 shall require an amendment.
HOPKINS PUBLIC SCHOOLS ISD #270
Witness: By:
Title:
Date:
CITY OF GOLDEN VALLEY
Witness: By:
Shepard M. Harris, Mayor
Date:
Witness: By:
Timothy J. Cruikshank, City Manager
Date:
WARNING: This permit does not exempt you from all other City Code provisions,
regulations and ordinances
Executive Summary For Action
Golden Valley City Council Meeting
July 17, 2018
Agenda Item
4. A. First Consideration of Tenant Protection Ordinance
Prepared By
Jason Zimmerman, Planning Manager
Summary
The City has identified the need for affordable housing as a high priority in the Comprehensive
Plan and has adopted a Mixed Income Housing Policy to support the creation of affordable units
in new multi-family buildings. In addition to the creation of new units, the City recognizes the
importance of protecting existing affordable units – especially those commonly known as
Naturally Occurring Affordable Housing, or NOAH – and to support tenants living in those units.
One area of concern for tenants occupying NOAH units is the potential for displacement or
significant changes in rent levels if the multi-family building is sold. Working with representatives
from the MN Mulit-Housing Association, as well as advocates for NOAH preservation, the City of
St. Louis Park recently adopted a Tenant Protection Ordinance which guarantees certain benefits
for tenants in affordable units during a three month period after the sale of an affordable
building.
The Golden Valley City Council has discussed this approach, among others, at Council/Manager
meetings in January and May of 2018. With the support of a local affordable housing advocacy
group, and in consultation with representatives of local property management companies, the
Council has asked staff to prepare an ordinance similar to St. Louis Park’s for consideration.
The attached ordinance contains the following provisions:
• Upon the sale or transfer of an affordable multi-family building (one with three or more
units and at least 15 percent of the units qualifying as affordable), within 30 days the new
owner must notify each affordable unit of the change in ownership.
• If, during the three months following notification, the property owner terminates or fails
to renew a lease without cause, the owner is responsible for paying certain relocation
fees to the displaced tenant.
• If, during the three months following notification, a rent increase goes into effect or the
property owner re-screens a tenant, and the tenant give notice to terminate the lease,
the owner is responsible for paying certain relocation fees to the displaced tenant.
• If the owner fails to notice the tenants in affordable units in the mandatory period of time
or fails to pay the required relocations costs, the owner may be subject to an
Administrative Citation and a financial penalty. In this case, the City would collect the
amount of the relocation costs and pay the displaced tenant directly.
• These provisions apply to each individual affordable unit within an affordable multi-family
building.
Similar to the process conducted in St. Louis Park, staff suggests delaying the effective date of this
ordinance for two months in order to allow for education of the multi-family property owners
and to collect information about the number and nature of affordable units currently in the city.
Finally, at the request of the multi-family property owners, St. Louis Park agreed to a five year
sunset provision in the ordinance in order to encourage a review and evaluation of the
effectiveness of the program. Staff is recommending a similar sunset clause be adopted in Golden
Valley.
Next Steps
If approved, staff will work to develop policy establishing the process around implementing,
monitoring, and enforcing compliance with the ordinance.
Additional Affordable Housing Efforts
In order to advance the City’s goals of preserving the affordability of the existing housing stock
and of supporting the production of new, high-quality, affordable housing, staff will continue to
focus on the research and development of the following policies and strategies in partnership
with other suburban cities through the Housing Preservation Tools Workgroup:
1. Address requirements for Senior Housing, Assisted Living, Memory Care, and Residential
Facilities in the adopted Mixed Income Housing Policy.
2. Monitor the pilot program by the City of Minneapolis to assist NOAH owners in qualifying
for a property tax reduction with a 4d tax classification.
3. Continue monitoring the lawsuit involving the City of Minneapolis policy that prohibits
landlords from excluding Section 8 voucher holders from a building’s rental application
process.
4. Research local HRA levy and programing options.
Attachments
• Ordinance #642, Protection of Tenants in Affordable Housing (3 pages)
Recommended Action
Motion to adopt first consideration Ordinance #642, adding City Code Section 6.27, Protection of
Tenants in Affordable Housing.
ORDINANCE NO. 642, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Protection of Tenants in Affordable Housing
The City of Golden Valley, Applicant
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 6 entitled “Other Business Regulation and Licensing” is
amended by adding the following:
Section 6:27 Protection of Tenants in Affordable Housing
Subdivision 1. Definitions
The following definitions apply in this Section of this Code. References to “Section” are
unless otherwise specified, references to this Section of this Code. Defined terms remain
defined terms, whether or not capitalized.
A. Affordable Housing Building: A multi-family rental housing building having three
or more housing units, where at least 15 percent of the units rent for an amount
that is affordable to households at or below 60 percent of area median income, as
median income was most recently determined by the United States Department of
Housing and Urban Development for the Minneapolis-St. Paul-Bloomington,
Minnesota-Wisconsin Metropolitan Statistical Area, as adjusted for household size
and number of bedrooms.
B. Affordable Housing Unit: A rental unit in an affordable housing building that rents
for an amount that is affordable to households at or below 60 percent of area
median income, as median income was most recently determined by the United
States Department of Housing and Urban Development for the Minneapolis-St.
Paul-Bloomington, Minnesota-Wisconsin Metropolitan Statistical Area, as adjusted
for household size and number of bedrooms.
C. Cause: The tenant or a member of the tenant’s household materially violated a
term of the lease or violated a provision of City Code Section 6.29, Subdivision 4(I)
Crime Free/Drug Free Lease Addendum Requirements.
D. Tenant Protection Period: The period that commences on the date when a real
estate closing transfers ownership of an affordable housing building and ends on
the last day of the third calendar month following the month in which written notice
of the transfer is sent to each affordable housing unit tenant pursuant to
Subdivision 3 of this Section.
Subdivision 2. Relocation Assistance
A. If, during the tenant protection period, the new owner of an affordable housing
building terminates or refuses to renew any affordable housing unit tenant’s rental
agreement without cause, then upon terminating or refusing to renew the tenant’s
lease, the new owner shall pay to the tenant, as relocation assistance, no later
than the day upon which the tenant vacates the unit, a payment in the amount as
follows: $2,600 for a studio or single room occupancy dwelling unit, $3,000 for a
one-bedroom dwelling unit, $3,600 for a two-bedroom dwelling unit, and $4,100 for
a three-bedroom or larger dwelling unit.
Ordinance No. 642 -2- July 17, 2018
B. If, during the tenant protection period, a rent increase goes into effect on any
affordable housing unit, or the new owner of an affordable housing building raises
any affordable housing unit tenant’s rent, or the new owner rescreens an existing
affordable housing unit tenant, and the tenant gives written notice to the new
owner to terminate the rental agreement, the new owner shall, within 30 days of
receiving tenant’s written notice of termination of the rental agreement, pay to the
tenant as relocation assistance, a payment in the amount as follows: $2,600 for a
studio or single room occupancy dwelling unit, $3,000 for a one-bedroom dwelling
unit, $3,600 for a two-bedroom dwelling unit, and $4,100 for a three-bedroom or
larger dwelling unit.
Subdivision 3. Notice
A. Whenever ownership of an affordable housing building shall transfer, the new
owner shall, within 30 days of the date on which a real estate closing transfers
ownership of the affordable housing building, give written notice to each affordable
housing unit tenant of the building that the property is under new ownership
stating:
1. The name, mailing address, and telephone number of the new owner.
2. This Section of City Code provides for a tenant protection period for affordable
housing unit tenants. Under this Section, affordable housing unit tenants may
be entitled to relocation assistance from the new owner if the new owner
terminates or does not renew the tenant’s rental agreement without cause
within the tenant protection period. Affordable housing unit tenants may also be
entitled to relocation assistance from the new owner if the owner raises the rent
or initiates a tenant rescreening process within the tenant protection period and
the tenant terminates their rental agreement.
3. Whether there will be any rent increase within the tenant protection period with
the amount of the rent increase and the date the rent increase will take effect.
4. Whether the new owner will require existing affordable housing unit tenants to
be re-screened to determine compliance with existing or modified residency
screening criteria during the tenant protection period and if so, a copy of the
screening criteria.
5. Whether the new owner will terminate or not renew rental agreements without
cause during the tenant protection period and if so, notice to the affected
affordable housing unit tenants whose rental agreements will terminate,
including the date the rental agreements will terminate.
6. Whether the new owner intends to increase rent, require existing affordable
housing unit tenants to be rescreened to determine compliance with existing or
modified residency screening criteria, or terminate or not renew affordable
housing unit rental agreements without cause on the day immediately following
the tenant protection period.
Ordinance No. 642 -3- July 17, 2018
B. The new owner shall provide a copy of the notice required by this part to the City at
the same time notice is provided to the tenants. The new owner of an affordable
housing building shall not terminate or not renew a tenant’s rental agreement
without cause, raise rent, or rescreen existing tenants during the tenant protection
period without giving the notice required by this part.
Subdivision 4. Penalty
A. A violation of Subdivision 2 of this Section is an administrative offense that may
be subject to an administrative citation and civil penalties as provided in City
Code Section 2.90. Notwithstanding any provision of City Code Section 2.90,
Subdivision 3(E), the penalty for a violation of Subdivision 2 of this Section shall
be the sum of the applicable amount of relocation assistance plus $500.
B. A violation of Subdivision 3 of this Section is an administrative offense that may
be subject to an administrative citation and civil penalties as provided in City
Code Section 2.90.
C. A violation of this ordinance as to each dwelling unit shall constitute a separate
offense.
Subdivision 5. Violation
Within 30 days after a person pays the penalty provided for in Subdivision 4(A) of this
Section to the City, the City shall pay to the displaced tenant of the affordable housing
unit for which the violation occurred an amount equal to the relocation assistance
provided for in Subdivision 2 of this Section.
Section 2. City Code Chapter 1 entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation” and Sec. 6.99 entitled
“Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though
repeated verbatim herein.
Section 3. This ordinance shall take effect October 1, 2018, after its passage and
publication as required by law and expire on September 30, 2023.
Adopted by the City Council this 17th day of July, 2018.
/s/Shepard M. Harris, Mayor
Shepard M. Harris, Mayor
ATTEST:
/s/Kristine A. Luedke
Kristine A. Luedke, City Clerk
Executive Summary For Action
Golden Valley City Council Meeting
July 17, 2018
Agenda Item
6. A. First Consideration of Golden Valley Human Services Fund City Code Amendment and
Bylaws Changes
Prepared By
Brian Erickson, Recreation Supervisor
Aaron Black, Chair
Denise La Mere - Anderson, Vice Chair
Summary
The Golden Valley Human Services Fund has proposed the following changes to their bylaws:
Name:
Proposed changing the name from Human Services Fund to Human Services Commission.
Membership:
Proposed changing the membership from 13 total members to:
• 7 regular members
• 2 business/non-profit members
• 1 voting youth members
Furthermore, the Commission provided the following definition of business/community member:
“Business or non-profit member shall be in an official capacity at a Golden Valley based entity.”
Rules
The proposed bylaws now reflect the current rules for fundraising, agency selection (including
eligibility criteria), and use of funds, which have been on the application documents, but were
not in the bylaws.
Use of Funds:
The proposed changes would allow the Commission to make fund allocations as long as the fund
balance is maintained at a minimum of 1 and ½ times the balance as of December 31 of the
previous calendar year.
Furthermore, funds will not be granted for:
• Salaries, general operating expenses, or capital projects,
• Individual or individuals, or
• Any organization licensed in the City for lawful gambling operations
Attachments:
• City Code Section 2.57: Human Services Fund underline-overstrike version (1 page)
• City Code Section 2.57: Human Services Commission (1 page)
• Ordinance #643, amending City Code Chapter2: Administration and General Government,
Section 2.57: Human Services Fund (1 page)
• Bylaws of the Golden Valley Human Services Fund underline-overstrike version (3 pages)
• Bylaws of the Golden Valley Human Services Commission (3 pages)
Recommended Action
Motion to adopt first consideration, Ordinance #643, amending the City Code regarding Section
2.57: Human Services Fund.
Motion to approve the revised Bylaws for the Human Services Commission.
§ 2.57
Section 2.57: Human Services Commission Fund
Subdivision 1. Establishment and Composition
A Human Services Commission Fund is hereby established, composed of ten
(10) thirteen (13) members, seven (7) citizens-at-large, two (2) business or and five
(5) non-profit members who shall serve three-year staggered terms, or business
members and one youth, who shall serve a one (1) year term.
Subdivision 2. Duties and Responsibilities
It is the duty of The Human Services Commission Fund shall to study human service
needs in the community and recommend action to the Council as to matters of regarding
funding of those needs. Specifically it shall:
A. Identify the community’s needs for human services.
B. Develop guidelines to evaluate funding requests and allocate funds to human
service organizations that meet the identified needs of the community.
C. Determine funds needed and strategies to provide funding through charitable
gambling proceeds, fundraisers, or community events.
D. Encourage and enlist participation from the greater Golden Valley community.
§ 2.57
Section 2.57: Human Services Commission
Subdivision 1. Establishment and Composition
A Human Services Commission is hereby established, composed of ten (10) members,
seven (7) citizens-at-large, two (2) business or non-profit members who shall serve
three-year staggered terms, and one youth, who shall serve a one (1) year term.
Subdivision 2. Duties and Responsibilities
The Human Services Commission shall study human service needs in the community and
recommend action to the Council as to matters regarding funding of those needs.
Specifically it shall:
A. Identify the community’s needs for human services.
B. Develop guidelines to evaluate funding requests and allocate funds to human
service organizations that meet the identified needs of the community.
C. Determine funds needed and strategies to provide funding through charitable
gambling proceeds, fundraisers, or community events.
D. Encourage and enlist participation from the greater Golden Valley community.
ORDINANCE NO. 643, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Chapter 2: Administration and General Government
Section 2.57: Human Services Fund
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Section 2.57, Administration and General Government is hereby
deleted in its entirety and replaced with the following:
Section 2.57: Human Services Commission
Subdivision 1. Establishment and Composition
A Human Service Commission is hereby established, composed of ten members, seven
citizens-at-large, two business or non-profit members who shall serve three-year staggered
terms, and one youth member, who shall serve a one year term.
Subdivision 2. Duties and Responsibilities
The Human Services Commission shall study human service needs in the community and
recommend action to the Council as to matters regarding funding of those needs.
Specifically it shall:
A. Identify the community’s needs for human services.
B. Develop guidelines to evaluate funding requests and allocate funds to human service
organizations that meet the identified needs of the community.
C. Determine funds needed and strategies to provide funding through charitable gambling
proceeds, fundraisers, or community events.
D. Encourage and enlist participation from the greater Golden Valley community.
Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable
to the Entire City Code Including Penalty for Violation” and Section 2.99 entitled “Violation a
Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated
verbatim herein.
Section 3. This Ordinance shall take effect from and after its passage and publication
as required by law.
Adopted by the City Council this 17th day of July, 2018.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Kristine A. Luedke, City Clerk
BYLAWS
Human Services Commission
Article I: Purpose, Mission, and Duties
The Human Services Commission exists to study human service needs in the community and recommend
action to the City Council regarding funding those needs. With these goals in mind, the Commission will:
• Identify the community’s needs for human services.
• Develop guidelines to evaluate funding requests and allocate funds to human service organizations
that meet the identified needs of the community.
• Determine funds needed and strategies to provide funding through charitable gambling proceeds,
fundraisers, or community events.
• Encourage and enlist participation from the greater Golden Valley community.
Article II: Membership, Appointments, Terms, and Officers
A. Membership
The Commission shall consist of seven regular members, and two business and/or non-profit organization
members, and one voting youth member. Regular members shall be qualified voters and residents of the
City. Business or non-profit member shall be in an official capacity at a Golden Valley based entity. Youth
members shall live or attend school within Golden Valley and enrolled in school grades nine through
twelve. A vacancy shall be deemed to exist if a member ceases to meet the residency requirements.
B. Appointment and Terms
Appointments are made effective May 1 of each year. The Council shall appoint regular members and
business/community organization members of the Commission for three-year staggering terms. Youth
members shall be appointed for a one-year term. The terms of Commissioners shall be fixed and
determined at the time of appointment by the governing ordinance.
Emphasis in appointments will be based on knowledge of human service needs in the community through
participation in community organizations, experience and knowledge of fundraising, and evidence of
personal commitment to the delivery of human service needs. Persons involved with agencies or groups
that anticipate soliciting funds from the GVHSC should not seek appointment. The City Council shall
appoint the members of the Commission and to fill vacancies for unexpired terms.
C. Officers
The Commission shall elect officers of Chair and Vice-Chair from the Commission membership by its voting
members at its regular annual meeting, (no later than the second meeting after May 1 in each year). The
Chair and Vice Chair positions rotate, and members may only serve two consecutive years as the Chair or
Vice-Chair. Should the office of Chair or Vice-Chair become vacant, the Commission shall elect a successor
from its membership at the next regular meeting and such election shall be for the unexpired term of said
office. Officers may also delegate the duties of their position to other Commissioners as deemed
appropriate by the Commission.
Chair responsibilities include:
• work with staff liaison to develop meeting agendas;
• conduct and preside at all meetings in a productive and time-efficient manner;
• ensure the Commission conducts its activities within the stated mission and bylaws of the
Commission;
• appoint Commissioners to subcommittees;
• monitor and ensure the progress of the Commission; and
• report to the City Council.
Vice Chair responsibilities:
• perform the duties of the Chair in the absence or incapacity of the Chair; and
• perform all other duties as prescribed by the Commission.
Article III: Meetings and Attendance
A. Meetings
All meetings of the Commission shall be conducted in accordance with the Minnesota Open Meeting Law
and City code. This means all business and discussion occurs at a meeting which has been posted and is
open to the public.
The presence of a majority of all regular voting members currently appointed to the Commission shall
constitute a quorum for the purpose of conducting its business and exercising its powers and for all other
purposes. In the event a quorum is not reached, a smaller number of members may meet to have informal
discussion, however, formal action shall not be taken and must be reserved for such time as when a
quorum of the Commission is reached. A quorum of the members should not discuss Commission business
by email, forms of social media, telephone, or informal meetings. Commission meetings may be cancelled
by the staff liaison if there are no items on the agenda for discussion.
The proceedings of meeting should be conducted using standard parliamentary procedure.
i. Regular Meeting
The regular meeting of the Commission shall be held on the second Monday of the month at
Brookview at 6:45 pm. The Commission may, by a majority vote, change its regular meeting dates
for any reason provided proper public notice of the changed meeting is provided.
ii. Annual Meeting
The Annual Meeting of the Commission shall be a regular meeting, typically the first meeting after
May 1 of each year, at which time elections will be held.
iii. Special Meeting
A special meeting may be called by the Chair or whenever three members request the same in
writing. Staff shall give notice to each board member, at least three days prior to any special
meeting, of the time, place, and purpose of the meeting.
B. Attendance
Absences in one year should not exceed three consecutive meetings or more than 25 percent of the total
meetings for the year. If a member is unable to attend a meeting, that member should contact the staff
liaison, who will inform the chair if a quorum cannot be attained and the meeting will be cancelled.
A standardized letter of warning will be sent from the City Manager’s office to any member after two
consecutive or two total absences for groups meeting once a month. For those meeting twice a month the
letter would be sent from the chair after two consecutive or five total absences. If a member exceeds the
allowable number of absences the City Manager’s office will send a standardized letter stating the
member must step down because of the importance of regular attendance and the number of citizens
interested in serving. If the City Manager’s office feels there are extenuating circumstances in a case of a
member who has not met the attendance requirements, an exception can be made.
Article IV: Rules
A. Fundraising
The Commission will plan, organize, and participate in annual fundraising campaigns. All Commissioners
are expected to participate in fundraising efforts on behalf of the GVHSC.
B. Agency Selection
The Commission will make recommendations to the Council based on the applications and presentations
provided by agencies with funding requests. Only agencies that meet the standards and criteria set by the
Commission will be eligible for selection. All agency selections by the Commission are subject to approval
by City Council.
i. Eligibility Criteria
To be eligible to receive funds, applicants must:
• use the funds for a program, project, or service that contributes to the City of Golden Valley
and serves clients located in the City of Golden Valley in times of crisis or need
o The program, project, or services cannot be duplicated by a level of government
o The program, project, or services must include cooperation or collaboration
between organizations
• have operated and delivered services consistently for a minimum of one year, evidenced by
an established record of meaningful service utilization levels and adequate support through
financial and/or volunteer contributions
• operate on a non-discriminatory basis, according to federal, state, or Golden Valley
ordinances, as appropriate according to the jurisdiction consistent with the applicant’s
service area
• demonstrate that administrative management, general costs, and fundraising costs do not
exceed 15 percent of revenue in any year for which the applicant has received funding from
GVHSC without special GVHSC review.
• Whenever administrative management, general costs, and fundraising costs exceed 15 percent,
applicant representatives must justify to GVHSC. GVHSC will review the appropriateness of the
particular circumstances which resulted in these costs exceeding 15 percent
To be considered, applicants must also submit the appropriate application materials by the
established deadline.
C. Use of Funds
The Commission may recommend allocation of funds based on the rules set forth in these bylaws and
maintaining a minimum of one and a half times the fund balance as of December 31 of the previous
calendar year. All fund recommendations are subject to approval by the City Council.
Funds may be allocated to 501(c)(3) human services agencies whose request meet the criteria of “lawful
purpose” pursuant to Min State Statute 349.12 Subd. 25. Furthermore, funds may be limited to certain
groups based on public purpose expenditure rules.
Funds will not be granted for:
• Salaries, general operating expenses, or capital projects,
• Individual or individuals, or
• Any organization licensed in the City for lawful gambling operations.
D. Recordkeeping
All minutes and resolutions shall be in writing and shall be kept in accordance with City procedures,
Minnesota Statute and Rules regarding preservation of public records and the Minnesota Data Privacy Act.
E. Reports
i. Fundraising Report
Annually the Commission shall provide the City Council with a report of fundraising event
recommendations.
ii. Annual Allocation Report
By the last regular Council meeting of December each year the Commission shall comprise a report of
fund allocation recommendations for the following calendar year.
iii. Special Reports
The Commission may make special reports to the Council to consider emergency requests or
adjustments because of revenue shortfalls, but the Commission must justify the need outside the
parameters of the annual allocation report.
i. Performance of Duties
Commissioners are expected to adequately prepare for, and attend meetings. Commissioners unable
to complete an assigned task should notify the Commission Chair as soon as possible.
The Commission may ask the City Council to review a Commissioner’s appointment based upon its
assessment of significant non-performance of duties.
Article V: Amendments and Revisions
The Commission will review these bylaws no later than the second meeting after May 1 in every three years.
Members may present recommendations for changes and amendments. These bylaws can be altered or
amended at any regular monthly Commission meeting with a majority of members present, provided that
notice of the proposed changes and amendments is provided to each member at least ten business days
before the meeting. The Council must review and approve any changes to, and has final authority regarding,
these bylaws.
BYLAWS
Human Services Commission
Article I: Purpose, Mission, and Duties
The Human Services Commission exists to study human service needs in the community and recommend
action to the City Council regarding funding those needs. With these goals in mind, the Commission will:
• Identify the community’s needs for human services.
• Develop guidelines to evaluate funding requests and allocate funds to human service organizations
that meet the identified needs of the community.
• Determine funds needed and strategies to provide funding through charitable gambling proceeds,
fundraisers, or community events.
• Encourage and enlist participation from the greater Golden Valley community.
Article II: Membership, Appointments, Terms, and Officers
A. Membership
The Commission shall consist of seven regular members, and two business and/or non-profit organization
members, and one voting youth member. Regular members shall be qualified voters and residents of the
City. Business or non-profit member shall be in an official capacity at a Golden Valley based entity. Youth
members shall live or attend school within Golden Valley and enrolled in school grades nine through
twelve. A vacancy shall be deemed to exist if a member ceases to meet the residency requirements.
B. Appointment and Terms
Appointments are made effective May 1 of each year. The Council shall appoint regular members and
business/community organization members of the Commission for three-year staggering terms. Youth
members shall be appointed for a one-year term. The terms of Commissioners shall be fixed and
determined at the time of appointment by the governing ordinance.
Emphasis in appointments will be based on knowledge of human service needs in the community through
participation in community organizations, experience and knowledge of fundraising, and evidence of
personal commitment to the delivery of human service needs. Persons involved with agencies or groups
that anticipate soliciting funds from the GVHSC should not seek appointment. The City Council shall
appoint the members of the Commission and to fill vacancies for unexpired terms.
C. Officers
The Commission shall elect officers of Chair and Vice-Chair from the Commission membership by its voting
members at its regular annual meeting, (no later than the second meeting after May 1 in each year). The
Chair and Vice Chair positions rotate, and members may only serve two consecutive years as the Chair or
Vice-Chair. Should the office of Chair or Vice-Chair become vacant, the Commission shall elect a successor
from its membership at the next regular meeting and such election shall be for the unexpired term of said
office. Officers may also delegate the duties of their position to other Commissioners as deemed
appropriate by the Commission.
Chair responsibilities include:
• work with staff liaison to develop meeting agendas;
• conduct and preside at all meetings in a productive and time-efficient manner;
• ensure the Commission conducts its activities within the stated mission and bylaws of the
Commission;
• appoint Commissioners to subcommittees;
• monitor and ensure the progress of the Commission; and
• report to the City Council.
Vice Chair responsibilities:
• perform the duties of the Chair in the absence or incapacity of the Chair; and
• perform all other duties as prescribed by the Commission.
Article III: Meetings and Attendance
A. Meetings
All meetings of the Commission shall be conducted in accordance with the Minnesota Open Meeting Law
and City code. This means all business and discussion occurs at a meeting which has been posted and is
open to the public.
The presence of a majority of all regular voting members currently appointed to the Commission shall
constitute a quorum for the purpose of conducting its business and exercising its powers and for all other
purposes. In the event a quorum is not reached, a smaller number of members may meet to have informal
discussion, however, formal action shall not be taken and must be reserved for such time as when a
quorum of the Commission is reached. A quorum of the members should not discuss Commission business
by email, forms of social media, telephone, or informal meetings. Commission meetings may be cancelled
by the staff liaison if there are no items on the agenda for discussion.
The proceedings of meeting should be conducted using standard parliamentary procedure.
i. Regular Meeting
The regular meeting of the Commission shall be held on the second Monday of the month at
Brookview at 6:45 pm. The Commission may, by a majority vote, change its regular meeting dates
for any reason provided proper public notice of the changed meeting is provided.
ii. Annual Meeting
The Annual Meeting of the Commission shall be a regular meeting, typically the first meeting after
May 1 of each year, at which time elections will be held.
iii. Special Meeting
A special meeting may be called by the Chair or whenever three members request the same in
writing. Staff shall give notice to each board member, at least three days prior to any special
meeting, of the time, place, and purpose of the meeting.
B. Attendance
Absences in one year should not exceed three consecutive meetings or more than 25 percent of the total
meetings for the year. If a member is unable to attend a meeting, that member should contact the staff
liaison, who will inform the chair if a quorum cannot be attained and the meeting will be cancelled.
A standardized letter of warning will be sent from the City Manager’s office to any member after two
consecutive or two total absences for groups meeting once a month. For those meeting twice a month the
letter would be sent from the chair after two consecutive or five total absences. If a member exceeds the
allowable number of absences the City Manager’s office will send a standardized letter stating the
member must step down because of the importance of regular attendance and the number of citizens
interested in serving. If the City Manager’s office feels there are extenuating circumstances in a case of a
member who has not met the attendance requirements, an exception can be made.
Article IV: Rules
A. Fundraising
The Commission will plan, organize, and participate in annual fundraising campaigns. All Commissioners
are expected to participate in fundraising efforts on behalf of the GVHSC.
B. Agency Selection
The Commission will make recommendations to the Council based on the applications and presentations
provided by agencies with funding requests. Only agencies that meet the standards and criteria set by the
Commission will be eligible for selection. All agency selections by the Commission are subject to approval
by City Council.
i. Eligibility Criteria
To be eligible to receive funds, applicants must:
• use the funds for a program, project, or service that contributes to the City of Golden Valley
and serves clients located in the City of Golden Valley in times of crisis or need
o The program, project, or services cannot be duplicated by a level of government
o The program, project, or services must include cooperation or collaboration
between organizations
• have operated and delivered services consistently for a minimum of one year, evidenced by
an established record of meaningful service utilization levels and adequate support through
financial and/or volunteer contributions
• operate on a non-discriminatory basis, according to federal, state, or Golden Valley
ordinances, as appropriate according to the jurisdiction consistent with the applicant’s
service area
• demonstrate that administrative management, general costs, and fundraising costs do not
exceed 15 percent of revenue in any year for which the applicant has received funding from
GVHSC without special GVHSC review.
• Whenever administrative management, general costs, and fundraising costs exceed 15 percent,
applicant representatives must justify to GVHSC. GVHSC will review the appropriateness of the
particular circumstances which resulted in these costs exceeding 15 percent.
To be considered, applicants must also submit the appropriate application materials by the
established deadline.
C. Use of Funds
The Commission may recommend allocation of funds based on the rules set forth in these bylaws and
maintaining a minimum of one and a half times the fund balance as of December 31 of the previous
calendar year. All fund recommendations are subject to approval by the City Council.
Funds may be allocated to 501(c)(3) human services agencies whose request meet the criteria of “lawful
purpose” pursuant to Min State Statute 349.12 Subd. 25. Furthermore, funds may be limited to certain
groups based on public purpose expenditure rules.
Funds will not be granted for:
• Salaries, general operating expenses, or capital projects,
• Individual or individuals, or
• Any organization licensed in the City for lawful gambling operations.
D. Recordkeeping
All minutes and resolutions shall be in writing and shall be kept in accordance with City procedures,
Minnesota Statute and Rules regarding preservation of public records and the Minnesota Data Privacy Act.
E. Reports
i. Fundraising Report
Annually the Commission shall provide the City Council with a report of fundraising event
recommendations.
ii. Annual Allocation Report
By the last regular Council meeting of December each year the Commission shall comprise a report of
fund allocation recommendations for the following calendar year.
iii. Special Reports
The Commission may make special reports to the Council to consider emergency requests or
adjustments because of revenue shortfalls, but the Commission must justify the need outside the
parameters of the annual allocation report.
i. Performance of Duties
Commissioners are expected to adequately prepare for, and attend meetings. Commissioners unable
to complete an assigned task should notify the Commission Chair as soon as possible.
The Commission may ask the City Council to review a Commissioner’s appointment based upon its
assessment of significant non-performance of duties.
Article V: Amendments and Revisions
The Commission will review these bylaws no later than the second meeting after May 1 in every three years.
Members may present recommendations for changes and amendments. These bylaws can be altered or
amended at any regular monthly Commission meeting with a majority of members present, provided that
notice of the proposed changes and amendments is provided to each member at least ten business days
before the meeting. The Council must review and approve any changes to, and has final authority regarding,
these bylaws.
Executive Summary For Action
Golden Valley City Council Meeting
July 17, 2018
60 day deadline: August 21, 2018
Agenda Item
6. B. The Xenia Apartments PUD No. 113, Amendment #2 - 770 Xenia Ave S
Prepared By
Amy Morgan, Planning Intern
Summary
The Xenia Apartments PUD No. 113, a multi-generational, market rate apartment building, was
approved in December of 2013. It was originally approved to include 372 units, however, in July of
2017 Slosburg Company applied for, and was granted, an amendment to the original PUD to reduce
the number of units by 18 (354 total units). The applicant is now requesting a second amendment
to PUD No. 113 in order to add back 15 of the units previously removed (369 total units). The space
for these units come from a surplus of mechanical and storage space and will not increase the gross
square footage or the building footprint.
The applicant will also be increasing the number of parking spaces from 711 to 714. The original
PUD agreement included 745 parking spaces - just over 2 spaces per unit. The proposed
amendment will lower the parking ratio to 1.93 spaces per unit, however, this is still more than the
1.5 spaces per unit that is required by the Zoning Code. The applicant will also be including two
secure bicycle storage and repair stations on the second and third levels of the parking ramp, as
well as installing 16 electric vehicle (EV) charging stations (with wiring for 16 more future stations)
as part of this amendment.
The changes in the number of units and parking spaces to The Xenia Apartments PUD No. 113 are
outlined below:
PUD No. 113, 2013 Amendment #1, 2017 Amendment #2, 2018
Units 372 354 369
Parking Spaces 745 711 714
Based on the criteria for classifying amendments to PUDs outlined in the City Code and based on
the type of modification being requested, staff has processed this proposal as a Minor PUD
Amendment, which requires review by the City Council. The Council may approve or deny a Minor
PUD Amendment by a simple majority vote without a public hearing or may refer the matter to the
Planning Commission for its input and recommendation.
Planning staff has reviewed the proposed amendment and finds it is not expected to generate
additional impacts and is therefore recommending approval.
Attachments
• Location Map (1 page)
• Narrative (2 pages)
• PUD Permit - The Xenia Apartments PUD No. 113 (3 pages)
• Plans received June 22, 2018 (6 pages)
Recommended Action
Motion to approve the plans for The Xenia Apartments PUD No. 113, Amendment #2, and to
authorize the Mayor and City Manager to sign the amended PUD Permit.
R E A L P R O P E R T Y
10040 Regency Circle
Omaha, NE 68114
5 (402) 391-7900
JUN 2 2 2018
U`
RYG -- June 21, 2018
Jason Zimmerman
City of Golden Valley
Planning Manager
7800 Golden Valley Road
Golden Valley, MN 55427
RE: The Xenia PUD #113 Amendment
Dear Mr. Zimmerman:
We are writing to request a PUD Amendment modifying the number of apartment units to be
constructed for the development listed above from 354 to 369 apartment units. Attached are
architectural drawings which highlight the location of the new units.
As you will recall the original City Council approved plans and PUD permitted 372 apartment
units for the Xenia. During our initial submission of working drawings, we unilaterally initiated a
reduction in apartment units to 354 which resulted in a modification to the original PUD. We
have since determined that there is a significant demand in the market for more studio sized
apartment units.
The additional units were added through the rearrangement and reallocation of surplus
mechanical rooms, elevator machine rooms and storage areas. The modification was
accomplished without increasing the square footage or footprint of the building.
The parking for the development is still more than ample and significantly exceeds the City code.
There will be a total of 1.93 spaces per unit for the 369 units.
The Xenia will be a luxury apartment community with extensive amenities including Indoor and
Outdoor Swimming Pools; Rooftop Patio; Puppy Park; Dog Grooming Salon; Sports and
Amenity Deck; 4,800 square foot Health Club-Fitness Center including Yoga/Pilates Studio &
Spinning Studio; Resident Business Center; Guest Suite for resident's visitors; two Conference
Rooms; Cyber Lounge; Resident Coffee Bar; two catering Kitchens for resident use and two
additional Lounges sized for resident entertaining.
The Xenia also includes two Bicycle Storage Areas which are secured. Each is outfitted with a
bicycle repair center. The areas will provide storage for 80 bicycles far exceeding City code
requirements.
Page 1 of 2
SLOS.BLMG,
REAL PROP ER f Y®
10040 Regency Circle
Omaha, NE 68114
(402) 391-7900
Provision has been made for the future installation of a solar farm on the roof of the parking
garage.
There will also be dedicated Electric Vehicle parking spaces for 16 cars with electrical wiring
provisions for 16 more when demand requires it. These spaces will be outfitted with Level 2
chargers which are compatible with most makes of electric or plug-in hybrid vehicles.
If I may answer or provide any additional information please let me know. Thank you for your
assistance.
Sincerely,
2rry Ka an
Project Manager
Page 2 of 2
The Xenia P.U.D. No. 113
City Council Approval: December 17, 2013
Amendment #1 City Approval: July 25, 2017
Amendment #2 City Approval: July 17, 2018
City of Golden Valley, Minnesota
Use Permit for Amendment #4-2
for
Planned Unit Development
Project Name: The Xenia P.U.D. No. 113
Location: 700 and 800 770 Xenia Avenue South, Golden Valley, Minnesota
Legal Description: Lot 1, Block 1, Xenia Apartments, P.U.D. No. 113
Applicant: Slesburg Gempa SFI Ltd. Partnership 20
Address: 10040 Regency Circle, Suite 200, Omaha, NE 68114
Owner: Slesburg CompaRl SH Ltd. Partnership 20
Address: 10040 Regency Circle, Suite 200, Omaha, NE 68114
Zoning District: 1-394 Mixed Use
Permitted Uses: The PUD Permit allows for the construction of a five-story, 3-54-
369 unit apartment building.
Components:
A. Land Use
1. The plans prepared by Louck Associates and BSB Design, dated October 18,
2013 and December 3, 2013, submitted with the Final PUD Plan application shall
become a part of this approval.
2. The plan sheets prepared by BSB Design received July 7, 2017, submitted with
the Administrative PUD Amendment application (for Amendment #1) shall
become a part of this approval.
3. The plan sheets prepared by BSB Design received June 22 2018 submitted
with the Minor PUD Amendment application (for Amendment #2) shall become a
part of this approval.
The Xenia P.U.D. No. 113 Page 2
4. Prier te isswanGe of aRy building permits fGF GenStFUGtOGR within PUD NE). 113,
appliGant shall submit a fiRal plat te the City for appreva-k
5. A Park DedlGation Fee of $38,200 shall be paid by the developer prior to approval
E)f the Fonal Plat.
6. The appliGant is assessed a TraffiG Management Fee ef $57,809.40 per Gity Code.
PaymeRt e. half of the fee ($28,904.70) is Fequired prior to approval ef the FiRa4
PUD Plat. (The FernainffiRg half of the fee is required te be paid prier to the
7. No snow shall be stored on site.
8. Amendment #1 allows the following:
• A change in the number of units from 372 to 354
• A change in the number of parking spaces from 745 to 711
• The addition of a fifth level on part of the parking structure for amenity
area/sports courts
• Moving the indoor pool from the free-standing building in the north courtyard to
within the parking structure on the ground floor
• Modifying the exterior elevations to increase the quantity of brick and decrease
the quantity of EIFS
9. Amendment #2 allows the following:
• A change in the number of units from 354 to 369
• A change in the number of parking spaces from 711 to 714
B. Construction
1. The recommendations and requirements outlined in the memo from Deputy Fire
Chief John Crelly to Mark Grimes, Community Development Director dated
August 20, 2013, shall become a part of this approval.
2. The recommendations and requirements outlined in the memo from City
Engineer Jeff Oliver to Mark Grimes, Community Development Director dated
November 23, 2013, shall become a part of this approval.
3. The design specifications, including building location, fagade treatment and
materials, and site design, as submitted by the applicant, shall become part of
this approval.
The Xenia P.U.D. No. 113 Page 3
4. All signs on the property must meet the requirements of the City's sign code.
C. Grading, Utilities, Access and Other Engineering Issues
1. The recommendations and requirements outlined in the memo from City
Engineer Jeff Oliver to Mark Grimes, Community Development Director dated
November 23, 2013 shall become a part of this approval.
D. Subdivision
1. Proof of filing of the plat shall take the form of a certified copy of the fully
recorded plat, or a receipt from the County specifically noting that the applicant
has paid for such a copy to be sent to the City when it becomes available.
2. The name of the final plat shall include "P.U.D. No. 113" in its title.
It is hereby understood and agreed that this P.U.D. Permit is a part of the City Council
approval granted on December 17, 2012, and July 20, 2017, and July 17, 2018. Any
changes to the PUD Permit for The Xenia P.U.D. No. 113 shall require an amendment.
SFI Ltd. Partnership 20
Witness: By:
Title:
Date:
CITY OF GOLDEN VALLEY
Witness: By:
Timothy J. Cruikshank, City Manager
Date:
Warning: This permit is subject to all other state, federal, and local ordinances,
regulations, or laws with authority over this development.
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