03-05-19 CC Agenda Packet (entire)
REGULAR MEETING AGENDA
1. Call to Order
A. Pledge of Allegiance Pages
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 – February 19, 2019 3‐5
B. Approval of City Check Register 6
C. Licenses:
1. General Business License – Fireworks Sales 7
2. Cigarette/Tobacco License for Potpourri Gifts 8
3. Gambling License Exemption and Waiver of Notice Requirement –TwinWest
Chambers of Commerce Foundation
9‐11
D. Minutes of Boards and Commissions:
1. Planning Commission – February 11, 2019 12‐16
2. Board of Zoning Appeals – January 22, 2019 17‐19
3. Human Rights Commission – December 27, 2018 20‐21
4. Human Services Commission – January 14, 2019 22‐23
5. Environmental Commission – January 28, 2019 24‐25
E. Bids and Quotes:
1. Approve Purchase of Water Meter Reading System Upgrade 27
2. Approve Purchase of Two Marked Police Interceptors 28‐29
F. Support Submittal of Application to Minnesota Pollution Control Agency for Minnesota
GreenCorps Host Site 19‐18
30‐32
G. Approve Adoption of Hennepin County All‐Hazard Mitigation Plan 19‐19 33‐37
H. Award Contract for the Bassett Creek Nature Area Habitat Restoration, Project #19‐08 38‐45
I. Approve Public Works Joint Powers Mutual Aid and Equipment Loan Agreements 19‐20 46‐61
4. Public Hearing
5. Old Business
Mar 5, 2019 – 6:30 pm
Council Chambers
Golden Valley City Hall
7800 Golden Valley Road
City of Golden Valley City Council Meeting
Mar 5, 2019 – 6:30 pm
2
6. New Business
All Ordinances listed under this heading are eligible for public input.
A. Consideration of Facility Use Agreement with the American National Red Cross 62‐66
B. First Consideration – Ordinance #656 – Therapeutic Massage Licensing, Permitting and
Regulation
67‐102
C. First Consideration – Ordinance #657 – Amending Salaries of Mayor and Council
Members Council Salary and Approval of Additional Assignments and Meetings 19‐21
103‐107
D. Review of Council Calendar
E. Mayor and Council Communications
7. Adjournment
REGULAR MEETING MINUTES
1. Call to Order
The meeting was called to order at 6:30 pm by Mayor Harris.
1A. Pledge of Allegiance
1B. Roll Call
Present: Mayor Shep Harris, Council Members Joanie Clausen, Larry Fonnest, Gillian
Rosenquist and Steve Schmidgall
Staff present: City Manager Cruikshank and City Clerk Luedke
2. Additions and Corrections to Agenda
MOTION made by Council Member Clausen, seconded by Council Member Rosenquist to approve
the agenda of February 19, 2019, as submitted and the motion carried.
3. Approval of Consent Agenda
MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to
approve the consent agenda of February 19, 2019, as submitted and the motion carried.
3A1. Approve Minutes of City Council Meeting – February 5, 2019.
3B. Approve City Check Register and authorize the payments of the bills as submitted.
3C. Licenses:
1. Approve Cigarette/Tobacco License for Top Star Tobacco and E‐Cig located at 7716
Olson Memorial Highway, through December 31, 2019.
2. Authorize the Renewal of Multi‐Family Rental Licenses as listed below for the period
of March 1, 2019, through February 28, 2020: Arcata Apartments, Calvary Center
Apartments, Central Park West Apartments, Colonial Apartments, Copacabana
Apartments, Cornerstone Creek Apartments, Crosswoods Apartments, Dover Hill
Complex, Duluth Street Flats, Golden Valley Rd Apartments, Golden Valley
Townhomes, Hello Apartments, Herbeck Triplex, Laurel At West End Apartments, The
Laurel Apartments, Liberty Crossing Apartments, Mallard Creek Apartments, Medley
Park Townhomes, Rutter 4‐plex, Southwirth Apartments, Trentwood Apartments,
Valley Creek West Apartments, Valley Square Commons, Valley View Apartments,
Valley Village Apartments, West End Apartments, and West End Trails.
3. Approve temporary on‐sale liquor license for the St. Paul Jaycees for their event at
the Metropolitan Ballroom located at 5418 Wayzata Boulevard on April 5, 2019.
3D. Minutes of the Boards and Commissions:
1. Planning Commission – January 18, 2019
2. Civil Service Commission – December 17, 2018
3E. Approve Professional Services Agreement with Quetica, LLC. for 2019 Roof Replacement
project in the amount of $19,400.
3F. Adopt Resolution 19‐17, for Approval of Plat – North Tyrol Modern Addition.
Feb 19, 2019 – 6:30 pm
Council Chambers
Golden Valley City Hall
7800 Golden Valley Road
City of Golden Valley City Council Regular Meeting Minutes
Feb 19, 2019 – 6:30 pm
2
3. Approval of Consent Agenda ‐ continued
3G. Authorize staff to electronically sign Agreement No. PR00000738 with Hennepin County
for the Ballfield Improvements at Wesley, Lions, and Schaper Parks.
3H. Authorize Contract with Valley Paving, Inc. for the base bid plus alternate bid 1 for the
construction of the Xenia Avenue South and Golden Hills Drive Improvement Project No.
16‐09 in the amount of $1,044,990.96 and a Contract with WSB & Associates, Inc. for
observation, construction staking, and engineering services on the Xenia Avenue South
and Golden Hills Drive Improvement Project, not to exceed $175,118.
3I. Approve Contract for services between the City of Golden Valley and the Metropolitan
Consortium of Community Developers for the Open to Business Program and authorize
the City Manager to execute the contract.
3J. Approve Cooperative Agreement with the City of Minneapolis regarding Public Safety
Security related to the 2019 Final Four.
4. Public Hearing
4A. Public Hearing – Ordinance #655 – Amend the Zoning Code to Regulate Firearm Sales
Planning Manager Zimmerman presented the staff report and answered questions from Council.
Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public
hearing.
There was Council discussion regarding the proposed amendments to the Zoning Code regarding
the regulation of firearm sales.
MOTION made by Council Member Clausen, seconded by Council Member Rosenquist to adopt
Ordinance #655, amending Sections 113‐92, 113‐93, and 113‐94 of the Zoning Code. Upon a
vote being taken the following voted in favor of: Clausen, Fonnest, Harris and Rosenquist, the
following voted against: Schmidgall and the motion carried.
5. Old Business
6. New Business
6A. Review of Council Calendar
Some Council Members may attend the Hopkins Education Foundation “Royal Bash 2019” on
February 23, 2019, at 6 pm at the Marriot Southwest, Minnetonka.
Some Council Members may attend a Neighborhood Meeting with Cornerstone Creek on
February 26, 2019, from 7 to 8:30 pm at Cornerstone Creek, 9280 Golden Valley Road.
Some Council Members may attend the Golden Valley Business Council on February 28, 2019,
from at 7:30 to 9 am at Brookview, 316 Brookview Parkway.
City of Golden Valley City Council Regular Meeting Minutes
Feb 19, 2019 – 6:30 pm
3
6A. Review of Council Calendar ‐ continued
Some Council Members may attend the Third Annual sota Lumberjack 5K on March 2, 2019,
starting at 1 pm at Brookview Golf Course, 316 Brookview Parkway.
Some Council Members may attend the Robbinsdale Area Schools Empty Bowls event on March
5, 2019, from 4 to 7 pm at Robbinsdale Cooper High School, 8230 47th Avenue, New Hope.
The next City Council meeting will be held on March 5, 2019, at 6:30 pm.
6B. Mayor and Council Communication
Mayor Harris thanked the Physical Development staff for their great work of snow plowing and
Council Member Rosenquist reminded residents to shovel out the fire hydrants in their area.
Council Member Clausen notified residents that some fire hydrants on county roads are covered
in plastic to protect them from salt.
Mayor Harris provided an update on a meeting he attended at the State Capital regarding the
DeCola Pond Project funding and thanked city staff and state representatives who were
involved. Council Member Rosenquist said she would be presenting at a legislative conference
and would provide copies of the 2019 Golden Valley Legislative Priorities to the attendees.
7. Adjourn
MOTION made by Council Member Rosenquist, seconded by Council Member Fonnest and the
motion carried unanimously to adjourn the meeting at 7:06 pm.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Kristine A. Luedke, City Clerk
Executive Summary For Action
Golden Valley City Council Meeting
March 5, 2019
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 is located on city website at the following location: http://weblink.ci.golden-
valley.mn.us/Public/Browse.aspx?startid=717279&dbid=2.
• The check register for approval:
o 02/22/2019 Check Register
Recommended Action
Motion to authorize the payment of the bills as submitted.
Executive Summary For Action
Golden Valley City Council Meeting
March 5, 2019
Agenda Item
3. C. 1. General Business Licenses - Fireworks Sales
Prepared By
Jill Lund, Administrative Assistant
Ted Massicotte, Deputy Fire Chief
Summary
The following establishment has applied for renewal of their fireworks sales license for the 2019-
2020 license term. The applicant has met City Code requirements for the renewal of their license
and staff is recommending approval.
Menard’s Fireworks Sales $100
6800 Wayzata Boulevard
Recommended Action
Motion to authorize the renewal of the above fireworks sales license for a period of May 1, 2019
through April 31, 2020.
Executive Summary For Action
Golden Valley City Council Meeting
March 5, 2019
Agenda Item
3. C. 2. Cigarette/Tobacco License for Potpourri Gifts
Prepared By
Kris Luedke, City Clerk
Summary
Mishmash, LLC dba Potpourri Gifts has submitted an application for a Cigarette/Tobacco license.
Potpourri Gifts is located at 5500 Wayzata Boulevard.
The Golden Valley Police Department has completed a background investigation and had found
no reason to deny the license.
Recommended Action
Motion to approve a cigarette/tobacco license for Potpourri Gifts located at 5500 Wayzata
Boulevard, through December 31, 2019.
Executive Summary For Action
Golden Valley City Council Meeting
March 5, 2019
Agenda Item
3. C. 3. Gambling License Exemption and Waiver of Notice Requirement – TwinWest Chamber of
Commerce Foundation
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 TwinWest Chamber of Commerce Foundation.
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 eventthe
,
• awards less than $50,000 in prizes during a calendar
year. application fee is $100; otherwise the fee is $150.
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 `� } Previous Gambling v f�
Name: . ��N���11�G►^nr Itc' ' l7� 10 rf`MQ1Permit Number:
Minnesota Tax ID Federal Employer ID
Number, if any: Number(FEIN), if any:
Mailing Address: �
7ddress: V�i C��}f� �U'���� % 1
City: ` ,�ml;�I� 1 '1'Cti State: MWZip: S5 4qI County:
Name of Chief Executive Officer(CEO):
CEO Daytime Phone: _ I�t'� -'t`�U-2LL2 CEO Email:
1-� (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 �Zl 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
-�^ ^ p �,r
(for raffles, list the site where the drawing will
take place): 6 Yom, lvti{ !I O��l�lr1 poriill odly)
Physical Address (do not use P.O. box):
Check one: T
0 City: Zip: > > County: ��CQV1Y\R!Oi1'>
ElTownship: Zip: County:
Date(s) of activity (for raffles, indicate the date of the drawing):
Check each type of gambling activity that your organization will conduct:
a Bingo =Paddlewheels =Pull-Tabs =Tipboards 15D Raffle
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!1.7
LG220 Application for Exempt Permit _ ;%,pzer2
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 a;knovdadged with no waiting period- he application Is acknowledged With no wailing period.
Trite applicaticl,is acknowledged with a 30-day waiting he application is acknowledged with a 30,day waiting
period, and allows the Board to isslrn a permit after 30 days period,and allows the Board to issue a permit after
(&D days for a 1st class city). 30 days,
The application is denied. 1 Dhc applicattan is denied•
Print City Name! �9�D((� rP Y) Oa I ``fLPrint County Narne,
Slgnaw�f r} � Signature of County Personnel:
Title: r Y Date: d I C� Title:,. Date:
TOWNSHIP(if required by the county)
On behalf of the tarmship,I acknowledge that the organization
is applying for exem; ted gambling activity within the township
The city or county most sign before limits. (A twinship has no=tutory rauthority to approve or
submitting application to the deny an application,per Minn. Statutes,section 349.213.)
Gambling Control Board. Print Township Nance: —_
Signature of Township Officer:
Title: _ Date.,
CHIEF EXECUTIVE OFFICER'S SIGNATURE (required)
The information provided In this application is complete and accurate to the best of my knowledge. I aWowledge that the financial
report will be completed and returned to the Board with n 30 days of the event slate, (�
Chief Executive Officer's Signature: � '" r!r( _ Date: un—.
�,l5:gnature must be CEO's signature;designee may not sign)
Print Plame, ;Yla1' non F 1
REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS
complete 1.t separate application for. Malt application with,
• all gambling conducted on two or more consmnulive days; ora copy of your proof of nonprofit status; and
• all gambling conducted on ore dory- application fee(non-refundable). If the application Is
Only one application is required If one or morr raffle drawings are postmarked or re;,eived 30 days or mate before the event,
conducted on the same day. the application fee Is$100; otherwise the fee is;150.
Financial report to he 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 6toad 8,Suite 300 south
and return the financial report form to the Gambling Control Roseville,MN 55113
992fd.
QueFtions3
Your organization must keep all exempt records and reports for Call the licensing Section of the Gambling Control Boa-,d at
3-1/2 yours(Minn.Statutes, section 349,166,subd.2(f)). 651-539-19DD.
Data pity-y mtk:e: Ths Information mquested application. Ywt organlzat+onn name and anent or Puol;c safety;Attorney General;
an this form land'ally att".1ments)y dl he used address will be putiu:inform bon wheal re eN*d Cornmhsianers of AdminisVe0on,Minnesota
b'1.'the Gambling Central Board i6oardj to by the board. All other hformation proyldod will Maragement b.budges,Aid Revenue; Leglsiatrre
detarmune your orgar.aation's 4ival"Ic4tions to be prnate data about Voir organization until the AuG to;,national and international gambling,
tae Involved in lawf4d gambling activities in Board Issurs the permit. when the Board Isvies rag.rlatory agencies;anyone pursuant to c*ort
Minnesota. Your oigaraation has the rigrit to the perm!,ad Infarmation provided w7l br+mlic ander;other Individuals and agencies specif caLy
rehrse,to supply the information;haAcvor,If public. V the Board dog not i;sua is permr~all authorized by state or faeeral law to Mve access
your organization refuses to supply this information proylad remains privy e,wide the to the a fo-mation.indiviaials and agencies tar
inforrnaticn,the Board may riot be able to excepwri of your orgdnlzaton's name and whin.law cr legul order at4pfonzes a new use or
determine your organization':,qualificatior s or-•d, address which will reman pubIY. Pr ivote eat* sharing of infurroat on atter this notsx was
pis a oanu-quence,may refuge to issue a permit. about your orgenizet-or►aro available to Board ,riven;and anytime with your written uxisent,
it your organization wpplier the information members,Boanr S'#f whose work requires
requested,the Board will he able to prote9s the access to the information;Minnesota's Depart-
Thig form wu Ac mare availatte In alternati,e format(I,a,large print,braille)upon reQUM.
An e3unrorwmimev"r.021 '
Regular Meeting of the
Golden Valley Planning Commission
February 11, 2019
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,
February 11, 2019. Chair Baker called the meeting to order at 7 pm.
Those present were Planning Commissioners Baker, Blum, Brookins, Johnson, Pockl,
and Segelbaum. Also present were Planning Manager Jason Zimmerman and
Administrative Assistant Lisa Wittman.
1. Approval of Minutes
January 28, 2019, Regular Planning Commission Meeting
MOVED by Pockl, seconded by Brookins and motion carried unanimously to approve the
January 28, 2019, minutes as submitted.
2. Discussion Item – Architectural and Material Standards
Zimmerman stated that the Planning Commission has been asked to consider new zoning
regulations related to architectural and material standards for buildings. He reminded the
Commissioners that they discussed this issue at their July 9, 2018, meeting and explained
that this discussion will focus on material standards and that a future discussion will focus
on architectural standards.
Zimmerman noted that the consensus of the Commission at their previous discussion was
to utilize a material class system, require minimums and maximums of various classes,
and to address most zoning districts but not single family homes or duplexes. He stated
that staff reviewed zoning codes from 15 cities for ideas regarding material standards.
Zimmerman showed the Commission examples of elevation plans that noted all the
various materials used on a building. He explained that if material standards are required,
plans would be notated to show the percentage of the various classes of materials
proposed and they would also have a list of all the materials proposed so it would be easy
for staff to review and determine if the plans meet the City’s requirements.
Zimmerman stated that he would like the Commission’s feedback on the following: how
many material classes should be used, which materials should be included in each class,
the minimum and maximum percentages required for each class, if the percentages
should vary depending on the type of façade (front, rear, side, visible from public right-of-
way), if the percentages should vary depending on zoning district, and how additions to
existing (non-conforming) buildings should be handled.
Zimmerman stated that after their research staff feels a three class system seems to work
best. He discussed examples of materials in each proposed class and some of the
proposed prohibited materials.
Minutes of the Golden Valley Planning Commission
February 11, 2019
Page 2
Zimmerman explained that for the R-3, R-4, Commercial, Office, Institutional, and Mixed
Use Zoning Districts staff is proposing the following percentages be used for facades
visible from the public right-of-way: at least 60% Class I materials and no more than 10%
Class III materials. For facades not visible from the public right-of-way at least 50% Class I
and no more than 10% Class III materials.
In the Light Industrial and Industrial Zoning Districts staff is proposing at least 50% Class I
materials and no more than 20% Class III materials for facades that are visible from the
public right-of-way and at least 40% Class I materials and no more than 20% Class III
materials for facades that are not visible from the public right-of-way.
Zimmerman stated that staff is also proposing that every façade must use a minimum of
two types of Class I materials and that for additions/expansions any new elevation must
consist of at least 90% Class I materials until the minimum Class I percentage requirement
has been met. He questioned if the City should set a threshold for work/renovation at
which the building must come into complete compliance. He added that the materials
proposed are very similar with what other west metro cities are requiring.
Blum said it would be helpful to know what each of the materials referenced on the class
lists looks like. Zimmerman said he would bring photos showing the various materials to
their next discussion.
Segelbaum asked if any recent new construction projects in the City would not have met
the proposed material percentage standards. Zimmerman said it is hard to tell from the
plans submitted because the materials and the percentages aren’t listed. Johnson asked
Zimmerman if he thinks recent new construction projects may be close to the mark or if
they are way off. Zimmerman reiterated that it is really difficult to calculate without knowing
the percentages of the various materials used. He said he would guess that mostly Class
II materials have been used in recent projects.
Pockl asked if there has been any discussion about cities trying to apply these standards
retroactively. Zimmerman said no and that it would be hard to enforce unless a significant
amount of work is being done to a building.
Baker asked about the age of the buildings in the I-394 district and if they are holding up
well. Zimmerman stated that the buildings on the west side of that area are from the
1950s-1960s and that how they are holding up depends on how well they’ve been
maintained. He noted that many of them are industrial buildings so the standards and
quality of materials aren’t quite as high, but other buildings in that area have a good mix of
materials.
Segelbaum questioned if other cities have allowed deviation from the material
requirements through the PUD process or a variance process. Zimmerman said he doesn’t
know if other cities have allowed deviation from the standards but that the material
standards would be part of the Zoning Code so someone could potentially ask for a
variance. He said he thinks most people would argue against material standards on the
Minutes of the Golden Valley Planning Commission
February 11, 2019
Page 3
basis of cost which is not one of the factors considered when granting variances. He
added that material standards should also be considered carefully because if they are
overly restrictive it could discourage investment.
Baker asked about carbon-neutral buildings as mentioned in the minutes from their last
discussion. Zimmerman stated that the Environmental Commission is going to be working
on a green building guide. Baker asked if the timing of the Environmental Commissions’
work is such that it could be included in this materials standards discussion. Zimmerman
said the Environmental Commission isn’t working on a green building guide yet but it is in
their work plan.
Pockl referred to the proposed prohibited materials and asked if those materials are
currently prohibited. Zimmerman said some of the prohibited materials are mentioned in
the International Property Maintenance Code that the City uses. Pockl asked if other cities
codes list prohibited materials. Zimmerman said a few of the ones he researched did.
Johnson asked what “public right-of-way” means and said he questions why money should
be spent on a façade for something that faces an alley or a forest for example.
Zimmerman said it means what can be viewed from the street. He stated that most cities’
codes focus on having a high quality, nicer view from the street and aren’t as concerned
about facades that face things like a loading dock, parking lot, or back side of another
building, etc.
Baker said he questions the life span of a typical building and at what rate the visibility of it
changes so he wants to be cautious about not including all four sides of building when
considering materials because land use changes and what might be a forest today might
in 30 years be a park.
Baker suggested the Commission go through the discussion questions suggested by staff.
He stated that the first question is how many material classes should be used. He noted
that staff is suggesting three classes of materials and that he thinks that is reasonable.
Blum said if the Class I materials list is smaller it gives the City the option to really “up the
bar” aesthetically in certain areas or districts it wants to highlight rather than putting so
many materials in one class. He said that if there are more classes there are more options
to designate certain areas as “only the highest of high quality aesthetic materials.” Baker
referred to the proposed list of Class I materials and asked Commissioner Blum if there
are any examples listed that he thinks should be in Class II instead. Blum said stucco
jumped out at him. Segelbaum said he thinks if the materials listed in the proposed Class I
list aren’t all equal then they should be separated out. Baker suggested creating an
additional class between the proposed Class I and Class II materials list. Zimmerman said
he thinks looking at more examples will help.
Pockl agreed that it would be helpful to be more educated on what these materials are.
She asked if there is ever a concern about the cost of materials and said that if they create
a Class I list of significantly more expensive materials they might be setting some people
Minutes of the Golden Valley Planning Commission
February 11, 2019
Page 4
up for failure by never being able to present something to the City that is cost effective for
them but is something the City might consider aesthetically pleasing. Zimmerman said
staff can do more research regarding the cost of some of the proposed materials, but he
suggested not deviating too much from what surrounding cities have done so there isn’t a
clear advantage for developers choosing another city over Golden Valley.
Baker referred to the next question asked in the staff report regarding the minimum and
maximum percentages required for each class. He reviewed what staff is recommending
and noted that the percentages would change if they add another class of materials.
Segelbaum said he thinks they would want to require Class I materials (in the 60 percent
required) to be used in the City’s highest visibility areas, but he thinks a mix of Class I and
II materials could be used in areas they still want to look nice. He said he doesn’t know if
he wants to group Class II and III together except for maybe in Light Industrial and
Industrial areas. Blum agreed and said that he doesn’t think the R-2 Zoning District should
be left out of the requirements. Zimmerman suggested specifying by type of structure such
as duplex or townhome instead of saying R-2 because there could be a PUD project for
example that has townhomes or duplexes in it.
Baker stated that the next question to be addressed is if the percentages should vary
depending on the type of façade (front, rear, side, visible from public right-of-way). He said
he thinks the requirements should apply to all four sides because you never know how
things will change. Pockl said she agrees to an extent but that might make construction
cost prohibitive. Zimmerman noted that in his recommendations he was thinking of loading
dock areas, etc., where you wouldn’t want to use Class I materials. Segelbaum said he
agrees that the percentage of the Class I and II materials required should be dropped a
little bit on those facades. Baker agreed. Johnson said that seems onerous and he doesn’t
see why the Class I and II materials requirement can’t be dropped to 50 percent on areas
no one will see. Segelbaum added that he doesn’t want these requirements to price
Golden Valley out of other nearby cities. Pockl suggested adding a clause that says in the
event a large part of the building becomes visible, the building would have to be brought
into conformance by a certain period of time. Baker said that might be a disincentive to
people. Segelbaum said that might also be something that is out of a property owner’s
control.
Baker stated that the next question from the staff report is if the percentages should vary
depending on zoning district. Segelbaum said requiring 50 percent of Class I materials in
the Industrial Zoning District seems high. Brookins suggested including Class I and II
materials in the Industrial districts and also address the proposed new Class II better with
additional, less costly materials. Blum asked if there is any value in making a distinction on
whether an industrial property borders a residential district. Zimmerman said yes and
noted that some cities’ codes address adjacent zoning districts. He added that some cities
also allow enhanced landscaping bonuses in exchange for different classes of materials.
Segelbaum said he fears they will be pushing away development. Baker suggested
allowing one type/class of materials to be used in the Industrial Zoning District. Blum said
he would like to keep two types because it is more appealing to have different materials
but he agrees that they don’t need to be as restrictive in the industrial zoning districts.
Minutes of the Golden Valley Planning Commission
February 11, 2019
Page 5
Baker referred to the next question in the staff report regarding how additions to existing
(non-conforming) buildings should be handled. He stated that he like’s staff
recommendation that states any building additions or expansions must consist of at least
90 percent Class I materials until the minimum Class I percentage requirement has been
met. Segelbaum suggested that the requirements apply if the exterior of an existing
building is modified. Johnson suggested that if the City requires someone to upgrade their
whole building they could then use a lower class material.
Johnson said he would like to change the word “or” to “and” in the sentence in the
materials lists that says “Other materials not listed elsewhere as approved by the City
Manager “or” as recommended by the Planning Commission.” Zimmerman said he is
hoping to avoid having every project reviewed by the Planning Commission. Zimmerman
said that he is considering bringing new materials or projects that propose something other
than what is on the materials lists to the Planning Commission for review.
--Short Recess--
3. Other Business
• Council Liaison Report
Schmidgall referred to the recent strategic planning meeting and joint board and
commission meeting and said he appreciates the Planning Commissions help.
Schmidgall said he is happy that material standards are being discussed because
currently only the I-394 Mixed Use Zoning District has standards so he is looking
forward to the results.
4. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
No reports were discussed.
5. Adjournment
The meeting was adjourned at 8:15 pm.
____________________________ __________________________
Ron Blum, Secretary Lisa Wittman, Administrative Assistant
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
January 22, 2019
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
January 22, 2019, at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Vice
Chair Orenstein called the meeting to order at 7 pm.
Those present were Members Orenstein, Perich, Snope, and Planning Commission
Representative Angell. Also present were Senior Planner/Grant Writer Emily Goellner, and
Administrative Assistant Lisa Wittman. Member Nelson was absent.
I. Approval of Minutes – September 25, 2018, Regular Meeting
MOVED by Perich, seconded by Snope and motion carried unanimously to approve the
September 25, 2018, minutes as submitted.
II. The Petition(s) are:
1300 Toledo Avenue North
Anders Lee, Applicant
Request: Waiver from Section 113-88, Single Family Zoning District, Subd.
(f)(1)(c)(2) Side Yard Setback Requirements
• 5.2 ft. off the required 12.5 ft. to a distance of 7.3 ft. at its closest point to the side
yard (north) property line.
Purpose: To allow for a home addition
Request: Waiver from Section 113-88, Single Family Zoning District, Subd. (f)(4)
Side Wall Articulation Requirements
• 14 in. off of the required 24 in. of required articulation for a side wall (north) for
an articulation that is 10 in. in depth to allow for the construction of a home
addition.
Goellner referred to a map and photo of the property and explained the applicant’s proposal
to construct an addition that would include an exercise studio, bathroom, and sauna on the
first floor and an expanded closet and laundry on the second floor.
Goellner stated that the required side yard setback for this property is 12.5 feet. She
explained that a variance was granted in 2015 to allow for a garage expansion to be built 6.5
feet from the north property line and that this current proposal would allow the proposed
addition to be built 7.3 feet from the north property line.
Goellner referred to the second variance request and explained that the Zoning Code
requires any wall longer than 32 feet in length to be articulated with a shift of at least 2 feet in
Minutes of the Golden Valley Board of Zoning Appeals
January 22, 2019
Page 2
depth, for at least 8 feet in length. She referred to the applicant’s proposal and stated that
they are proposing an articulation of 10 inches in depth instead of the required two feet.
Goellner stated that the applicant has said the unique circumstances in this case include the
fact that the proposed addition is modestly sized and complimentary to the existing
architecture, the visibility of the addition will be limited, the buildable area is limited due to a
significant slope in the back yard, and they are trying to preserve trees.
Goellner referred to some additional photos of the property and renderings of the proposed
addition and explained that staff’s analysis is that additional living space is a reasonable use
of the property and that the proposed addition fits in with the surrounding architecture and
character of the neighborhood. She added that the buildable area to the rear of the home is
limited by topography, and that the proposed addition will not be located any closer to the
north property line than the expanded garage currently is.
Goellner stated that staff is recommending denial of the requested variance from the side
yard setback requirement. However, staff is recommending approval of a modified variance
request of 4 feet off the required 12.5 feet to a distance of 8.5 feet from the side yard (north)
property line which would also incorporate the required 2-foot articulation and eliminate the
need for that variance request.
Orenstein asked if the modified variance would make the project feasible. Goellner said yes,
she thinks the modified variance would still allow for an adequate sized addition.
Perich asked if the proposed addition could be made 2 feet shorter which would not require
articulation. Goellner said that could be another option.
Thomas Lee, General Contractor, said they are trying to make the proposed addition fit in
with the current design of the house. He stated that the applicant is a professional athlete
and he needs to work out and train in his house. He noted that the size of the addition,
particularly the studio, is critical because of the size of the equipment. He stated that they’ve
made the proposed bathroom space smaller, and that they can’t build a separate structure in
the back yard because of the steep topography. He added that the addition will be difficult to
see because of the proposed dormer above, and the fence below and that the neighbors to
north have no objection to the proposal.
Orenstein asked Lee what he thinks about the modified variance suggested by staff. Lee
said they want to keep the depth of the proposed addition. Snope noted that if the side wall
of the addition were articulated it could go out further to the rear of the lot. Lee said they
don’t want the addition to stick out further than it would have to.
Orenstein asked Lee what other options they have considered and why they wouldn’t work.
Lee reiterated that the topography of the lot would make it difficult to build another structure.
He explained the construction of the proposed addition and stated that the project would be
a lot more expensive because of the doors and the load bearing beams if they brought the
side wall in, further away from the north property line.
Minutes of the Golden Valley Board of Zoning Appeals
January 22, 2019
Page 3
Perich asked when the applicant purchased the home. Lee said it was purchased two years
ago.
Orenstein opened the public hearing. Seeing and hearing no one wishing to comment,
Orenstein closed the public hearing.
Snope said he was concerned at first about the proposed project because it is making the
footprint considerably larger. He stated that the applicant has done a nice job of being
respectful and fitting in with the architecture of the home. He added that the proposed
addition won’t affect the view from the front of the home and noted that the roof line is broken
up with the second floor, so the side of the house won’t just be a “mammoth” wall. He said he
feels okay about the distance of the proposed addition to the side yard (north) property line.
Perich said he thinks the proposal is reasonable, the topography is challenging, and the
applicant is trying to incorporate the spirit of the articulation requirement with the architecture,
but he is concerned about setting a precedent. He added that he has no problems with the
side yard variance requested. Angell agreed and said he has no problems with the side yard
variance, but the lack of articulation and precedent setting also concerns him.
Orenstein said there has been an attempt at articulation and he is supportive of both
variance requests and the entire proposal.
Snope asked Goellner if there is a wall height requirement in regard to articulation. Goellner
said no. Snope asked if the second story wall has articulation. Goellner said yes. She also
explained that each variance request stands on its own so setting precedent, while important
should not be the sole reason to deny a variance request.
MOVED by Perich, seconded by Angell and motion carried unanimously to approve the
following variance requests:
• 5.2 ft. off the required 12.5 ft. to a distance of 7.3 ft. at its closest point to the side yard
(north) property line.
• 14 in. off of the required 24 in. of required articulation for a side wall (north) for an
articulation that is 10 in. in depth.
III. Other Business
Goellner reminded the Board Members of the upcoming joint board/commission meeting.
IV. Adjournment
The meeting was adjourned at 7:36 pm.
_____________________________ __________________________
Richard Orenstein, Chair Lisa Wittman, Administrative Assistant
REGULAR MEETING MINUTES
Call to Order
The meeting was called to order at 6:34 pm by Chair Harris.
Roll Call
Commissioners present: Maurice Harris, Kyle Scott, Chris Mitchell, Jonathan Burris, and Teresa Martin
Commissioners absent: Lauren Barry, Eve Clarkson, Carrie Yeager, and Gloria Peck
Staff present: Kirsten Santelices, Human Resources Director
Approval of Agenda
MOTION by Commissioner Burris, seconded by Commissioner Martin to approve agenda as
submitted. Carried 5‐0.
Approval of November 27, 2018 Minutes
MOTION by Commissioner Burris, seconded by Commissioner Scott to approve November
27, 2018 meeting minutes as submitted. Carried 5‐0.
Old Business
A.Bill Hobbs Award Presentation Review
Commission discussed that the award presentation was pleasant and overall a good experience. Staff
will ensure that next year there is a bit more structure to the presentation. Staff also updated the
commission that more information about Bill Hobbs is on the website.
B.Green Card Youth Voices Exhibit Update
Staff and Commissioner Martin recapped to the Commission that the set‐up of the exhibit was
smooth. Staff shared that Brookview staff received positive feedback about the exhibit. The
Commission agreed that exhibits are a great way to capture a larger audience, and will continue to
review options for future exhibits.
C.Second Annual MLK Literary Contest Update
Staff shared that there were two submissions for the MLK Literary contest. The Commission was
concerned by the lack of participation and considered ways to get feedback as to why students do
not show interest. One recommendation was to ask the two participants who did choose to submit
entries what worked for them and why they participated. Staff asked if the Commission would still
like to sponsor a table at the Annual MLK Breakfast (cost of $500).
MOTION by Commissioner Burris, seconded by Commissioner Martin to approve the
purchase of one table (10 tickets) at the cost of $500.00. Carried 5‐0.
Dec 26, 2018 – 6:30 pm
Council Conference Room
Golden Valley City Hall
7800 Golden Valley Road
City of Golden Valley Human Rights Commission Regular Meeting Minutes
Dec 27, 2018 – 6:30 pm
2
D. Website Resources Finalization
The Commission agreed to add the Hennepin County Library to the list of resources. Vice Chair Scott
volunteered to prepare brief summaries of each site to include with each posted site on the HRC
page.
E. January Meeting Reminder
Staff reminded the Commission that there will not be a regular meeting in January. The entire
Commission is invited to attend the 2019 Joint Council, Board, and Commission meeting on Tuesday,
January 29, 2019 at Brookview.
New Business
A. Preliminary 2019 Work Plan Discussion
Staff provided the Commission with a draft of the 2019 work plan for the Commission to consider
and discuss at the next meeting. The Commission recommended scheduling a meeting in January to
discuss. Dates were recommended and staff will email the Commission to determine if a quorum of
members would be available on January 24, 2019. If a quorum is unavailable to meet that evening,
there will not be a regular meeting in January.
Adjourn
MOTION by Commissioner Scott, seconded by Commissioner Martin to adjourn the meeting
at 7:18 pm. Carried 5‐0.
________________________________
Maurice Harris, Chair
ATTEST:
_________________________________
Maria Cisneros, City Attorney/Interim Staff Liaison
Respectfully submitted,
Kirsten Santelices, Staff Liaison/Human Resources Director
GOLDEN VALLEY HUMAN SERVICES COMMISSION
January 14, 2019 Minutes
Brookview, Rice Lake Conference Room
Present: Denise La Mere-Anderson, Aaron Black, Jonas Courneya, Katie Hart, Peder Hanson, Katie
Hart, Jason Kapel, Sophia Vento, Toots Vodovoz. Also present: Brian Erickson, Staff Liaison
Absent: Stephanie Devitt and Hilmer Erickson. Also absent, Nicole-Eller-Peploe, Recording Secretary.
Call to Order: At 6:48 pm Black called meeting to order, Hart 2nd
Approval of the October 8 and November 12, 2018 minutes: Black motioned, Vodovoz 2nd
December 4, Golden Valley City Council Meeting recap: Black and La Mere-Anderson told the
commission that the yearly report and allocation request was presented to the council. After some
statements, by council, the $75,000 allocation request was voted on and unnamousaly passed. The
council thanked the commission for all of their work.
Budget Update:
Black reviewed the most recent budget information with the commission.
Run the Valley Planning -April 13, 2019:
a.Sponship Goals: Black encouraged the commission to think about a dollar amount
sponsorship goal for Run the Valley 2019. After some talk, a goal of $5,800 was
determined. Black also wanted to play off of the 25th Anniversay of Run the Valley,
in hopes to get more sponsors. He also shared the social media push, developed by
the City of Golden Valley Communication Department, to spur interest and get
sponsors.
b.Solicitation for Sponors: Staff Liaison, Erickson, distributed a list with the sponsors,
and dollar amount from Run the Valley 2018. After some discussion and review, a
plan was developed on who was going to contact sponsors for 2019. Staff Liaison,
Erickson, said he would develop a sponship form and would keep record of secured
sponors. There was some discussion on the possibility of a sponsor to have event
naming rights, in the amount of $5000. Staff Liaision, Erickson, said he would check
with city staff to see if this would be possible. Also, it was agreed that a sponsor
would need to dqnate at least $500 or more if they wanted to put materials in the
runner bags.
c.Vounteers: Staff Liaison, Erickson, started the discussion with a review of the need
for volunteers, where he will reach out for them, and asked the commission if they
had any ideas for finding volunteers. Vento said she would contact the National
Honor Society, at Armstrong Hight School, to get volunteers. Vodovoz said she
would reach out to TreeHouse, as she has done in the past. She added that she
would contact Benilde St. Margaret and Breck Schools for runners.
d.Marketing and Publicity: Black explained how he working with the Golden Valley
Communition Department in creating a promotional schedule. La-Mere Anderson,
reminded the commission that Anderson Race Management also promotes the run.
GOLDEN VALLEY ENVIRONMENTAL COMMISSION
Regular Meeting, Minutes
January 28, 2019
Commissioners Present: Tracy Anderson, Tonia Galonska, Dawn Hill, Joseph Ramlet,
Scott Seys, and Jim Stremel
Staff Present: Eric Eckman, Development and Assets Supervisor; Drew Chirpich,
Environmental Specialist and Claire Huisman, Administrative Assistant
Absent: Commissioners Lynn Gitelis and Debra Yahle
Call to Order
Chair Hill called the meeting to order at 6:30 pm.
Approval of Regular Meeting Minutes
MOVED by Galonska, SECONDED by Stremel, and the motion carried
unanimously to approve the minutes of the November 26, 2018 regular meeting.
Approval of 2019 Meeting Dates
MOVED by Anderson, SECONDED by Ramlet, and the motion carried six to one to
change the May 27th meeting to May 20th due to the Memorial Day Holiday and to
cancel the December 23rd meeting due to the Christmas Holidays.
Solid Waste Hauling Update
Eckman presented a summary of the waste hauling forum that was discussed at the
January 8th Council/Manager’s meeting. The League of Women Voters will have their
report available on solid waste hauling this spring. It was requested for the Commission
to be given a copy of the report at the time it is made available to the Council.
Curbside Textile Recycling Proposal
Chirpich presented to the Commission the curbside textile recycling program offered by
Simple Recycling Company and marketed by WasteZero, a textile and soft recyclable
curbside pickup organization. Collection bags are given to the residents for used
clothing, textiles and other small household goods. These will be picked up on normal
recycling days by a transit van. There is no cost to the residents or the City but they do
require a five year contract. Simple Recycling will weigh the material and pay the City
$20/ton. 30% of the material goes to local thrift stores, 30% is shipped to overseas
markets and the rest is shredded into insulation and/or fiber for industrial use. Staff was
asked to find out where the company does its sorting. It was suggested by the
Commission to use the money the City will be receiving on environmental programs.
MOVED by Hill, SECONDED by Galonska, and the motion carried unanimously to
approve the Curbside Textile Recycling Proposal and present it to the Council for
their approval.
Minutes of the Environmental Commission
January 28, 2019
Page 2 of 3
GreenStep Cities – Step 4 Metrics – Surface Water
After a brief discussion of Step 4 core topic, Surface Water, led by Drew Chirpich, the
Commission made the following motion.
MOVED by Stremel, SECONDED by Seys and the motion carried unanimously to
approve the Performance Metrics entry for Step 4 Surface Water as amended into
the GreenSteps Cities website at the time when all core topic areas and optional
topic areas are completed. The amendment included changing the percentage
rating on Data Element 12.3 to reflect “non-impaired” waters instead of
“impaired” waters so the goal to reach would be a rating of 100%.
GreenStep Cities Inventory – BP 23-5, 4-3, 12-6 and 2-4
Best Practice 23-5: Install & promote one or more public fueling stations for plug-in
electric vehicles. The City installed a 240 Volt dual charging station in the City Hall
parking lot which qualifies them for this Best Practice. Rate for charging is 90 cents per
hour and $1.20 per hour afterwards. It was suggested to possibly add a charging station
in Wirth Park where the City could share the cost of installation with the City of
Minneapolis.
Best Practice 4-3: Replace the city’s existing street lighting with LED’s. In 2018, the
city worked with Xcel Energy to change out 558 cobrahead street lights with 3000k LED
bulbs which uses less energy and emits less CO2 into the air.
Best Practice 12-6: Add/expand transit service or promote car/bike sharing. In 2018,
the City approved an agreement with “Lime” allowing the company to deploy a fleet of
dockless bikes and scooters. The City has implemented the service and is actively
promoting the program on the City’s website and in its newsletter.
Best Practice 2-4: Describe energy/water efficiency outcomes and other green building
practices within the city. The City installed two water fountain systems which allow for
the quick fill of reusable water bottles. Since installation in July, 2018, the use of the
fountains have saved an equivalent of 5,564 plastic water bottles. Commissioners
recommended adding the data from Brookview and possibly from various larger
businesses in the area who have water filler stations to the amount of saved plastic
water bottles for the City.
MOVED by Seys, SECONDED by Stremel, and the motion carried to approve Best
Practices 23-5, 4-3, 12-6 and 2-4 for entry into the GreenStep Cities website with
the amendment for BP 2-4 to include the water bottle savings data from
Brookview and possibly other businesses in the City. Motion to remove BP 12-6
from entry into the GreenStep Cities website failed to pass 2 to 4.
Citywide Pollinator Policy
Eckman stated that he is meeting with the People for Pollinators Golden Valley Group
on February 8, 2019 at 9a in City Hall. They will be discussing ideas and items which
will help with the draft of the Citywide Pollinator Policy. The Commission hopes to have
the policy completed by May 2019.
Minutes of the Environmental Commission
January 28, 2019
Page 3 of 3
Program/Project Updates
Chirpich reviewed the year-end recycling report which provided weight in pounds of the
various collected materials. Commissioners asked staff to provide the previous year’s
reports as well. The Commissioners also expressed interest in going on a tour of
Hennepin County Energy Recovery Center (HERC) in downtown Minneapolis. The
center burns solid waste to recover energy and steam which is used for heat and power
in the surrounding area.
The Commission asked if grants for Emerald Ash Borer removal were being actively
sought after by the City. Staff will contact the Forestry Dept. for an update regarding
this matter.
DeCola Ponds B and C Project was briefly discussed. The Council approved
agreements with the MnDNR and the Bassett Creek Watershed Management
Commission to begin final design work on the flood mitigation project. Besides reducing
flooding issues, additional benefits include improving water quality, enhancing
vegetation and wildlife habitat and improving recreation and park user experience. As
part of the project, an Environmental Assessment Worksheet (EAW) was completed
and public comments were accepted. A public open house is scheduled for February 6,
2019 at 5p at Brookview to review the plans and provide feedback for the project.
Adjourn
MOVED by Stremel, SECONDED by Anderson, and the motion carried to adjourn
the meeting at 8:20 pm.
Claire Huisman
Administrative Assistant
Executive Summary For Action
Golden Valley City Council Meeting
March 5, 2019
Agenda Item
3. E. 1. Approve Purchase of Galaxy HRE Modules for the Water Meter Reading System Upgrade
Prepared By
Tim Kieffer, Public Works Maintenance Manager
Joe Hansen, Utility Maintenance Supervisor
Summary
Staff is upgrading the water meter reading system to the new Galaxy Fixed Base Meter Reading
System. The radio transmitter module upgrade is an integral part of the meter reading system.
Wireless Galaxy transmitter modules will be installed on every water meter throughout the City.
Purchase and installation of the Galaxy radio module is required to read the water meters in the
fixed base meter reading system. The purchase of the transmitter modules is funded by the
Water and Sanitary Sewer Enterprise Account (W&SS-063) as listed in the 2019 Capital
Improvement Program for the amount of $600,000.
Quotes were received from Metering and Technology Solutions and National Meter and
Automation, Inc. The price quotes per Galaxy HRE Module and total cost for the purchase of 468
units are listed below. Staff will take additional quotes throughout the year once stock has been
depleted.
Vendor Price per Unit Units Total Cost
Metering and Technology Solutions $213 468 $ 99,684
National Meter & Automation, Inc. $279 468 $130,572
Recommended Action
Motion to approve purchase of 468 Galaxy HRE Modules from Metering and Technology
Solutions in the amount of $99,684.
Executive Summary For Action
Golden Valley City Council Meeting
March 5, 2019
Agenda Item
3. E. 2. Approve Purchase of Two Marked Police Interceptors
Prepared By
Jason Sturgis, Police Chief
Tim Kieffer, Public Works Maintenance Manager
Marshall Beugen, Street and Vehicle Maintenance Supervisor
Summary
The 2019 Vehicle and Equipment Capital Improvement Program includes $80,000 for the
purchase of two marked police interceptor vehicles, equipment and setup (V&E-001).
The Police Department vehicles scheduled for replacement meet 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. Any vehicle/equipment scoring
28 points and above meets the category of “needs immediate consideration.” Below is a
summary of the ratings:
Vehicle Condition Index
Qualifies for Replacement
23-27
Needs Immediate Consideration
28 and above
Vehicle Unit No. Year/Make/Model VCI
Marked Squad Vehicle 823 2013 Ford Sedan Police Interceptor 33
Marked Squad Vehicle 830 2015 Dodge Charger Police Interceptor 30
Staff solicited quotes as the Minnesota Materials Management Division has not yet awarded a
contract for the purchase of police interceptors. Quotes were received from Ford of Hibbing and
Sourcewell, formerly known as the National Joint Powers Alliance (NJPA). The results are as
follows:
Ford of Hibbing $36,001.56
Sourcewell $41,985.00
Ordering the Police Interceptors at this time will expedite the delivery date.
Recommended Action
Motion to approve purchase of two 2019 AWD Ford Utility Police Interceptor from Ford of
Hibbing in the amount of $72,003.12.
Executive Summary For Action
Golden Valley City Council Meeting
March 5, 2019
Agenda Item
3. F. Support Submittal of Application to Minnesota Pollution Control Agency for Minnesota
GreenCorps Host Site
Prepared By
Eric Eckman, Development and Assets Coordinator
Drew Chirpich, Environmental Specialist
Summary
Minnesota GreenCorps is an AmeriCorps program that began in 2009. The goal of Minnesota
GreenCorps is to preserve and protect Minnesota’s environment while training a new generation
of environmental professionals. The program places members with host sites around the state to
assist communities and local governments in addressing a variety of statewide needs. For the
2019-2020 program year, the Minnesota Pollution Control Agency (MPCA) anticipates placing and
supporting up to 42 full-time GreenCorps members throughout Minnesota. More information is
available at: https://www.pca.state.mn.us/mngreencorps/program-information.
The City has been successful applying for GreenCorps members in the past. A GreenCorps
member worked at City Hall from September 2016 to August 2017. The member focused on
GreenStep Cities initiatives, developing the City’s Resilience & Sustainability Plan, and
implementing the City’s Natural Resources Management Plan
If selected by MPCA, the GreenCorps member would work at City Hall on a full-time basis from
September 2019 to August 2020. The GreenCorps member would assist the City with its waste
reduction, recycling, and composting/organics management goals, objectives, and
implementation actions, which support our GreenStep Cities process and program.
If the City is selected as a host site, the City is required to provide in-kind support in the form of
staff supervision, office materials, mileage reimbursement or use of a city vehicle, safety gear,
and training as needed. Staff is confident that the City has the capacity and staff experience to
provide the required in-kind support.
A resolution of support from City Council is required as part of the application process.
Attachments
• Resolution to Support Submittal of Application to Minnesota Pollution Control Agency for
Minnesota GreenCorps Host site (1 page)
Recommended Action
Motion to adopt Resolution to Support Submittal of Application to Minnesota Pollution Control
Agency for Minnesota GreenCorps Host Site.
RESOLUTION NO. 19-18
RESOLUTION SUPPORTING SUBMITTAL OF APPLICATION
TO MINNESOTA POLLUTION CONTROL AGENCY
FOR MINNESOTA GREENCORPS HOST SITE
WHEREAS, the City of Golden Valley is eligible to apply for the placement of one
Minnesota Pollution Control Agency GreenCorps member at City Hall for the next program
year (September 2019-August 2020); and
WHEREAS, the selected candidate would work with staff and the Environmental
Commission to implement the City’s Resilience & Sustainability Plan and GreenStep Cities
initiatives; and
WHEREAS, the selected candidate would focus on assisting the City with its waste
reduction, recycling, and composting/organics management goals, objectives, and
implementation actions; and
WHEREAS, staff has reviewed all terms and conditions of this funding opportunity
and finds them to be satisfactory.
NOW THEREFORE BE IT RESOLVED by the City Council of Golden Valley that the
Council is supportive of staff’s submittal of an application to the Minnesota Pollution Control
Agency for the placement of one Minnesota GreenCorps member at City Hall from
September 2019 to August 2020.
Adopted by the City Council of Golden Valley, Minnesota this 5th day of March 2019.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Kristine A. Luedke, City Clerk
Executive Summary For Action
Golden Valley City Council Meeting
March 5, 2019
Agenda Item
3. G. Approve Adoption of the Hennepin County All-Hazard Mitigation Plan
Prepared By
John Crelly, Fire Chief
Summary
Adoption of the Hennepin County All-Hazard Mitigation Plan provides participating jurisdictions
eligibility to apply for Federal Emergency Management Agency (FEMA) hazard mitigation
assistance grants. Mitigation grants help government agencies take actions to reduce or
eliminate long-term risk from hazards and their effects. In doing so, we protect lives by increasing
the survivability of disaster situations.
Mitigation also makes good economic sense. According to the Federal Emergency Management
Agency (FEMA), for every federal dollar spent on pre-disaster mitigation, six dollars are saved in
disaster response and recovery costs.
The Federal Emergency Management Agency requires a formal adoption document to complete
the approval process for Hennepin County’s All-Hazard Mitigation Plan.
Attachments
• FEMA letter (1 page)
• Hennepin County Board Action Resolution 18-0246 (1 page)
• Electronic access to Hennepin County All-Hazard Mitigation Plan (3 volumes / 800 pages)
https://www.hennepin.us/residents/emergencies/emergency-management
• Resolution adopting the Hennepin County All-Hazard Mitigation Plan (1 page)
Recommended Action
Motion to adopt Resolution adopting the Hennepin County All-Hazard Mitigation Plan.
MAY 10 2018
Ms. Jennifer Nelson
Homeland Security and Emergency Management
Minnesota Department of Public Safety
444 Cedar Street, Suite 223
Saint Paul, MN 55101
Dear Ms. Nelson:
Thank you for submitting the Hennepin County All Hazards Mitigation Plan update for our review.
The plan was reviewed based on the local plan criteria contained in 44 CFR Part 201, as authorized
by the Disaster Mitigation Act of 2000. Hennepin County met the required criteria for a multi -
jurisdictional local hazard mitigation plan. Formal approval of this plan is contingent upon the
adoptions by the participating jurisdictions. Once FEMA Region V receives documentation of
adoption from the county and other jurisdictions, we will send a letter of official approval to your
office.
We look forward to receiving the adoption documentation and completing the approval process for
Hennepin County.
If you or the community representatives have any questions, please contact Christine Meissner at
(312) 408-4460 or at christine.meissner@fema.dhs.gov.
Sincerely,
�0/- Melissa A. Janssen
Chief, Risk Analysis Branch
Mitigation Division
Attachments: Local Plan Review Sheets
www.fema.gov
U.S. Department of Homeland Security
Region V
536 S. Clark St., 6th Floor
Chicago, IL 60605-1509
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FEMA
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Thank you for submitting the Hennepin County All Hazards Mitigation Plan update for our review.
The plan was reviewed based on the local plan criteria contained in 44 CFR Part 201, as authorized
by the Disaster Mitigation Act of 2000. Hennepin County met the required criteria for a multi -
jurisdictional local hazard mitigation plan. Formal approval of this plan is contingent upon the
adoptions by the participating jurisdictions. Once FEMA Region V receives documentation of
adoption from the county and other jurisdictions, we will send a letter of official approval to your
office.
We look forward to receiving the adoption documentation and completing the approval process for
Hennepin County.
If you or the community representatives have any questions, please contact Christine Meissner at
(312) 408-4460 or at christine.meissner@fema.dhs.gov.
Sincerely,
�0/- Melissa A. Janssen
Chief, Risk Analysis Branch
Mitigation Division
Attachments: Local Plan Review Sheets
www.fema.gov
Hennepin County, Board of Commissioners
RESOLUTION 18-0246
2018
The following resolution was moved by Commissioner Mike Opat and seconded by Commissioner Debbie Goettel:
WHEREAS, Hennepin County has participated in the hazard mitigation planning process as established under the federal
Disaster Mitigation Act of 2000; and
WHEREAS, the Act establishes a framework for the development of a County Hazard Mitigation Plan; and
WHEREAS, the Act as requires public involvement and local coordination among neighboring local units of government
and businesses in the assessment and planning process; and
WHEREAS, the Hennepin County Plan includes a risk assessment including county disaster history, an inventory of
hazards that threaten the County, an estimate of infrastructure at risk, a general description of population, land use and
development trends; and
WHEREAS, the Hennepin County Plan includes a mitigation strategy including goals and objectives and an action plan
identifying specific mitigation projects and costs that will reduce disaster impacts; and
WHEREAS, the Hennepin County Plan includes a maintenance or implementation process including plan updates,
integration of the plan into other planning documents and how Hennepin County will maintain public participation and
coordination; and
WHEREAS, the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management
and the Federal Emergency Management Agency for review and comment; and
WHEREAS, this Hennepin County All-Hazard Mitigation Plan is multi-jurisdictional in scope and that cities that
participated in the planning process may choose to adopt the County Plan and be included in eligibility to apply for
federal mitigation grants.
BE IT RESOLVED, that the Hennepin County Board of Commissioners adopts the 2018 Hennepin County All-Hazard
Mitigation Plan.
The question was on the adoption of the resolution and there were 7 YEAS and 0 NAYS, as follows:
YEAS
County of Hennepin
Board of County Commissioners
NAYS ABSTAIN ABSENT
Mike Opat
Linda Higgins
Marion Greene
Peter McLaughlin
Debbie Goettel
Jan Callison
Jeff Johnson
RESOLUTION ADOPTED ON 6/26/2018
ATTEST:
Deputy/Clerk to the County Board
Hennepin County Board of Commissioners
300 South Sixth Street, Minneapolis, MN 55487
hennepin.us
RESOLUTION NO. 19-19
RESOLUTION ADOPTING THE HENNEPIN COUNTY ALL-HAZARD MITIGATION PLAN
WHEREAS, the City of Golden Valley has participated in the hazard mitigation
planning process as established under the Disaster Mitigation Act of 2000; and
WHEREAS, the Act establishes a framework for the development of a multi-
jurisdictional County Hazard Mitigation Plan; and
WHEREAS, the Act as part of the planning process requires public involvement and
local coordination among neighboring local units of government and businesses; and
WHEREAS, the Hennepin County Plan includes a risk assessment including past
hazards, hazards that threaten the County, an estimate of structures at risk, a general
description of land uses and development trends; and
WHEREAS, the Hennepin County Plan includes a mitigation strategy including goals
and objectives and an action plan identifying specific mitigation projects and costs; and
WHEREAS, the Hennepin County Plan includes a maintenance or implementation
process including plan updates, integration of the plan into other planning documents and
how Hennepin County will maintain public participation and coordination; and
WHEREAS, the Plan has been shared with the Minnesota Division of Homeland
Security and Emergency Management and the Federal Emergency Management Agency
for review and comment; and
WHEREAS, the Hennepin County All-Hazard Mitigation Plan will make the county
and participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants;
and
WHEREAS, this is a multi-jurisdictional Plan and cities that participated in the
planning process may choose to also adopt the County Plan.
NOW, THEREFORE, BE IT RESOLVED that the City of Golden Valley supports the
hazard mitigation planning effort and wishes to adopt the Hennepin County All-Hazard
Mitigation Plan.
Adopted by the City Council of Golden Valley, Minnesota this 5th day of March 2019.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Kristine A. Luedke, City Clerk
Executive Summary For Action
Golden Valley City Council Meeting
March 5, 2019
Agenda Item
3. H. Award Contract for Bassett Creek Nature Area Habitat Restoration (#19-08)
Prepared By
Eric Eckman, Development and Assets Supervisor
Drew Chirpich, Environmental Specialist
Summary
On January 14th 2019, the City submitted an application to the Minnesota Department of Natural
Resources (DNR) Conservation Partners Legacy Grant, to remove invasive species within Bassett
Creek Nature Area and to restore the area with desirable native species (see location map). The
planning level cost estimate for the project is $55,000.
In February, the City was notified grant funds will be awarded upon the execution of the attached
grant agreement. Under the agreement, the DNR will reimburse the City up to $50,000 for the
restoration project. The City must provide a 10% local match up to $5,000.
The City solicited quotes for the proposed work as part of the grant application process and
received the following quotes:
Applied Ecological Services $54,984
Landbridge Ecological $69,836
Prairie Restorations, Inc. $83,715
The proposals were reviewed and determined to be accurate and in order. With the lowest
responsible quote, Applied Ecological Services was selected to move forward in the process.
Through direct negotiation with the contractor, the quote was revised to $54,984 to align with
the planning level cost estimate included in the DNR grant application.
Adequate funding for this project is provided in the 2019 Environmental Control Budget
(7303.6340). As is typical with grant funded projects, the City will provide invoices to the DNR for
reimbursement as work on the project is completed.
It is anticipated the project will begin this spring with the majority of work being completed in
2019. Ongoing vegetation establishment, monitoring, and management will continue through
June 2022 consistent with the grant agreement.
Attachments
• Location Map (1 page)
• Contract with Applied Ecological Services (5 pages)
Recommended Action
Motion to award a contract for Bassett Creek Nature Area Habitat Restoration Project #19-08 to
Applied Ecological Services in the amount of $54,984.
Upland Restoration1.51 Ac res
Floodplain Restoration4.53 Ac res Total
Existing Buffer0.94 Ac res Total
Construction Acces sAdair Ave NDuluth St 8608708908 8 0880 870860870880 880
0 100 20050Feetby the City of Golden Valley, 1/4/2019 I
Bassett CreekNature Area
ConstructionAccess
Paved Trail
Unpaved Trail
FloodplainRestoration Area
UplandRestoration Area
Established Buffer(no seedi ngrequired)
Public Property
THIS AGREEMENT, entered into the fifth day of March, 2019 between the City of
Golden Valley, a municipal corporation, existing under the laws of the State of
Minnesota, hereinafter referred to as the Municipality, party of the First Part, and
Applied Ecological Services, a Corporation, under the laws of Minnesota hereinafter
called the Contractor, party of the Second Part.
ARTICLE 1. The Contractor, for and in consideration of one dollar and other good and
valuable considerations received including the payment, or payments herein specified,
and by the Municipality to be made, hereby covenants and agrees to furnish all
materials, all necessary tools and equipment, and to do and perform all the work and
labor necessary for the Bassett Creek Nature Area Habitat Restoration, City Project
#19-08 according to Plans and Specifications on file in the office of the City Clerk.
The Plans and Specifications, the proposal of the Contractor and the Contractor's bond,
the General Conditions and the Special Provisions, together with this contract, shall
together constitute the Contract documents, and herein are referred to as the Contract
Documents.
ARTICLE 2. The Contractor agrees to commence said work and conclude the same in
accordance with the Proposal and Bid heretofore filed with the Municipality and in
accordance with the time schedule for commencement and completion of the work set
forth in the Contract Documents, time being of the essence of this agreement, and to
complete said work in every respect to the satisfaction and approval of the Municipality.
ARTICLE 3. The Contractor further agrees to make, execute and deliver to the
Municipality corporate surety bonds approved by the Council of the Municipality, both in
the sum of fifty-four thousand, nine hundred eighty four dollars and no cents
($54,984.00) for the use of said Municipality and of all persons doing work on furnishing
skill, tools, machinery or materials under or for the purpose of this Contract to secure
the faithful performance and payment of the Contract by said Contractor and to be
conditioned as required by law, and this contract shall not become effective unless and
until said bonds have been received and approved by the Council of the Municipality.
ARTICLE 4. In consideration of the covenants and agreements stated above, the
Municipality agrees to pay the Contractor the sum stated in the Proposal or Bid of said
Contractor. Installment payments, if any, on account of work done and materials
furnished by said Contractor under this Contract and actually in place is said
improvements, shall be made in accordance with the provisions of the General Contract
conditions and final payment, therefore, shall be due and payable on or before ten (10)
days after receipt by the Council of the Municipality of: (a) a certificate by the City
Engineer that the work has been fully completed and this contract fully performed by
the Contractor and; (b) an opinion of the Municipality's attorney that the Municipality is
then obligated to pay the sum contracted for herein.
ARTICLE 5. It is understood and agreed by the Contractor that the City, through its
authorized agents shall be the sole and final judge of the fitness of the work and its
acceptability, and no payment shall be made to the Contractor hereunder until the work
shall have been found acceptable by the Municipality through its authorized agents.
ARTICLE 6. It is understood and agreed by the Contractor that, with respect to all work,
the Contractor will keep as complete, exact and accurate an account of the labor and
materials used as is possible, and in submitting the final statement will itemize and
allocate the costs of said work.
ARTICLE 7. All payments to the Contractor shall be made payable to the order of
Applied Ecological Services and the Municipality does not assume and shall not have
any responsibility for the allocation of payments or obligations of the Contractor to third
parties.
ARTICLE 8. The City reserves the right to cancel the award of any contract at any time
before the execution of the contract by all parties without any liability against the City.
ARTICLE 9. The City may by written notice terminate the contract or any portion thereof
when it is deemed in the best public, state or national interest to do so; or the City is
unable to adequately fund payment for the contract because of changes in state fiscal
policy, regulations or law; or after finding that for reasons beyond the Contractor’s
control the Contractor is prevented from proceeding with or completing the contract
work within a reasonable period of time.
In the event that any work is terminated under the provisions hereof, all completed
items or units of work will be paid for at Contract Bid Prices. Payment for partially
completed items or units of work will be made in accordance with the procedure on
attached Exhibit A and as otherwise mutually agreed to.
Termination of the Contract or any portion thereof shall not relieve the Contractor of
responsibility for the completed work, nor shall it relieve the Contractor’s Sureties of
their obligations for and concerning any just claims arising out of the work performed.
IN WITNESS WHEREOF, the parties have caused the execution of this agreement as
of the day and year first above written.
CITY OF GOLDEN VALLEY
By
Jeff Oliver, P.E.
Its: City Engineer
PROPONENT
By
Adam Jennings
Its: _________________________
EXHIBIT A
Elimination of Work
Should any Contract items be eliminated from the Contract or any work be deleted or
ordered termination on a Contract item before completion of the construction unit, the
Contractor will be reimbursed for all costs incurred prior to notification, that are not the
result of unauthorized work. Compensation will be made on the following basis:
(1) The accepted quantities of work completed in accordance with the
Contract will be paid for at the Contract prices.
(2) For materials that have been ordered but not incorporated in the work,
reimbursement will be made in accordance with the procedure set out
below for Surplus Material.
(3) For partially completed items, the accepted work will be paid for on the
basis of a percentage of the Contract bid price equal to the percentage of
actual accomplishment toward completion of the item. In arriving at this
percentage, the value of materials incorporated in the partially completed
items will be considered to be the actual purchase price of the materials,
plus transportation costs, to which will be added 15 percent of the sum
thereof.
(4) The Contractor will also be reimbursed for such actual expenditures for
equipment, mobilization, and overhead as the City considers directly
attributable to the eliminated work and that are not recovered as part of
the direct payment for the work.
Payment for completed work at the Contract prices and for partially completed work and
materials in accordance with the above provisions, together with such other allowances
as are made for fixed costs, shall constitute final and full compensation for the work
performed as Contract items that have been partially or totally eliminated from the
Contract.
Payment for Surplus Material
Payment for materials that have been ordered for the work, but that are not to be used
because of cancellation of the Contract or a portion thereof, because of an order to
terminate the work before completion of the entire unit, or because the quantity ordered
by the Engineer was in excess of the quantity needed, will be made in accordance with
the following provisions, unless the Contractor or supplier elects to take possession of
the surplus material without expense to the City:
(1) Payment for surplus materials that have been purchased and shipped or
delivered to the Project will be made at the Contract bid price when the
pay item covers the furnishing and delivering of the material only.
(2) When the Contract bid price covers the furnishing and placing of the
material, the City will take possession of the surplus materials that have
been purchased and shipped or delivered to the Project, or will order the
material returned to the supplier for credit and will pay the Contractor the
actual purchase price of the material plus transportation costs, to which
will be added 15 percent of the total thereof, and from which will be
deducted any credits received by the Contractor for materials returned.
(3) Materials that have been ordered but have not been consigned for
shipment will be paid for upon delivery the same as materials in transit or
delivered only when the supplier is unwilling to cancel or modify the order
such as in the case of materials requiring special manufacture, fabrication,
or processing so as to be unsuitable for general use.
In no case will payment for surplus materials exceed the Contract bid price for the
materials complete in place. The Contractor shall furnish receipted invoices or an
affidavit showing the purchase price and transportation charges on materials to be
taken over by the City.
Surplus materials that are taken over by the City shall be delivered to the storage sites
designated by the Engineer.
Except as above provided, no payment will be made to the Contractor for any materials
that are not incorporated in the work. Materials are to be ordered in the quantities
needed unless a specific quantity is to be furnished by direct order of the Engineer.
No payment will be made for surplus materials that have not been inspected, tested,
and accepted for use, nor will any payment be made for accepted materials that have
not been properly preserved, stored, and maintained to the date on which they are
delivered to the City.
Executive Summary For Action
Golden Valley City Council Meeting
March 5, 2019
Agenda Item
3. I. Approve Public Works Joint Powers Mutual Aid and Equipment Loan Agreements
Prepared By
Tim Kieffer, Public Works Maintenance Manager
Summary
The Public Works Joint Powers Mutual Aid agreement provides a process for local units of
government to share public works personnel and equipment with other participating agencies
during emergencies, routine training, and maintenance operations. The Equipment Loan
Agreement is an extension of the mutual aid agreement. This agreement details how equipment
under $500,000 is lent to requesting parties.
The decision when to request or provide assistance is left to the discretion of the requesting or
sending party. The sending party has sole discretion whether to provide personnel or equipment
and can recall assistance at any time.
There is no cost to participate. The sending party can decide whether or not to invoice the
receiving party. Each party shall be responsible for its own personnel or damage to equipment.
Hennepin County Emergency Management (HCEM) has agreed to serve as the administrative
coordinator for both agreements. HCEM will receive and maintain contact information of
participating agencies. These agreements will help Golden Valley coordinate and work with other
participating agencies through formalized agreements. The agreement has been reviewed by the
City Attorney.
Attachments
• Public Works Joint Powers Mutual Aid Agreement (9 pages)
• Equipment Loan Agreement (5 pages)
• Resolution to authorize the Public Works Joint Powers Mutual Aid and Equipment Loan
Agreements (1 page)
Recommended Action
Motion to adopt Resolution authorizing the Public Works Joint Powers Mutual Aid and
Equipment Loan Agreements.
1
STATE OF MINNESOTA
PUBLIC WORKS
MUTUAL AID PACT
TABLE OF CONTENTS
FOREWORD 2
PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT 4
I. GENERAL PURPOSE 4
II. DEFINITION OF TERMS 4
III. PARTIES 5
IV. PROCEDURE 5
V. RESPONSIBILITY AND LIABILITY 6
VI. EFFECTIVE DATE AND MODIFICATIONS 7
VII. WITHDRAWAL AND TERMINATION 7
2
PUBLIC WORKS JOINT POWERS
MUTUAL AID AGREEMENT
FOREWORD
The general purpose of this Public Works Joint Powers Mutual Aid Agreement
(“Agreement”) is to provide a process for units of government to share public works
personnel and equipment with other agencies within the State of Minnesota. This
Agreement specifically allows a requesting party to select the resources that best meets the
needs of a given situation. A requesting party may call upon any other participating party for
mutual aid. There is no requirement to make requests through a particular party. In addition,
this Agreement should not be interpreted as being limited to providing resources to deal
with only major catastrophic situations. Participating parties can utilize the resources for
many reasons including routine circumstances such as training efforts, maintenance
operations, joint-projects, and back-up support service. This Agreement provides the
flexibility for all units of government to use the resources located among all participating
parties in the State of Minnesota.
The decision as to when to invoke mutual aid and whether to respond is left to the discretion
of the requesting or sending party. Each unit of government should acquaint supervisory
personnel with any internal procedures used for mutual aid. While the Joint Powers
Agreement does not require particular words or actions to initiate mutual aid, agencies
should be clear about whether mutual aid is being requested and what type of assistance is
requested. The responding agency should also be clear about what, if any, assistance they
will provide in response to the request. Parties should not self-deploy.
Furthermore, each staff member within a department should have a basic familiarity with
mutual aid, the responsibilities when reporting to another unit of government and the
protections afforded under the unit of government’s workers’ compensation.
For liability reasons, management of a mutual aid situation is under the control of the
requesting party. However, the sending party has discretion whether to provide personnel or
equipment and can recall such assistance at any time.
While there is no hard and fast time limit related to requests for mutual aid, the commitment
of resources can be taxing on agencies. In addition, in some situations an advantage can
be gained by ending a mutual aid request and entering into a different form of contractual
assistance.
In order to keep this mutual aid agreement closer to local level of government, Hennepin
County Emergency Management (“HCEM”) has volunteered to serve as the administrative
coordinator for the units of government entering into this Agreement. When a community
adopts this Agreement a fully executed copy of the Agreement needs to be forwarded to
HCEM.
Each unit of government is responsible for entering and updating available unit of
government resources. Resources will now be listed online in a mutually agreed upon
resource management database. The parties to this Agreement are solely responsible for
updating their available resources in the agreed upon database.
3
The effective date for this Agreement is October 1, 2018. This date was established to allow
enough time for agencies to receive the appropriate authority. Participation can be started
upon execution of the Agreement and is effective for a unit of government upon its
submission of the signed Agreement to HCEM. Agencies that elect not to participate in the
Agreement may be bound by other existing mutual aid agreement or state statutes.
4
PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT
This Public Works Joint Powers Mutual Aid Agreement (“Agreement”) is formed and
entered into effective as of the 1st day of October, 2018 by and among the governmental
units that have executed this document as evidenced by the signature pages attached
hereto (individually, a “Party” and collectively, the “Parties”).
I. GENERAL PURPOSE
The general purpose of this Agreement is to provide a means by which a Party may
request and obtain public works assistance from one or more other Parties when the
Party determines such public works assistance is necessary. This Agreement is
made pursuant to Minnesota Statutes, section 471.59, which authorizes the joint or
cooperative exercise of powers common to the Parties.
II. DEFINITION OF TERMS
For the purposes of this Agreement, the terms defined in this section shall have the
following meanings:
Subd. 1. Eligible Party. “Eligible Party” means a “governmental unit” as defined by
Minnesota Statues, section 471.59, subdivision 1.
Subd. 2. Public Works Assistance. “Public Works Assistance” means equipment
and personnel including, but not limited to, licensed staff, professional engineers,
and non-licensed personnel that are used for activities related to streets, water,
stormwater, wastewater, sewers, parks, transit, buildings/facilities, airports, and all
other public works programs.
Subd. 3. Party and Parties. “Party” means an Eligible Party that elects to
participate in this Agreement by the authorization of its governing body. “Parties”
means more than one Party to this Agreement.
Subd. 4. Requesting Official. “Requesting Official” means a person who is
designated by the Requesting Party to request Public Works Assistance from
another Party.
Subd. 5. Requesting Party. “Requesting Party” means a Party that requests Public
Works Assistance from another Party.
Subd. 6. Sending Official. “Sending Official” means a person who is designated by
a Party to determine whether and to what extent that Party should provide Public
Works Assistance to a Requesting Party.
Subd. 7. Sending Party. “Sending Party” means a Party that provides Public Works
Assistance to a Requesting Party.
Subd. 8. HCEM. “HCEM” means the Hennepin County Emergency Management or
designee.
5
III. PARTIES
The Parties to this Agreement shall consist of as many Eligible Parties that have
approved this Agreement by October 1, 2018. Additional Eligible Parties shall
become a Party on the date this Agreement is approved and executed by the Party’s
governing body.
Upon approval by a Party, the executed signature page of this Agreement shall be
sent to the HCEM along with a resolution approving this Agreement.
IV. PROCEDURE
Subd. 1. Designate Officials. Each Party shall designate, and keep on file with the
HCEM, the name of the person(s) of that Party who shall be its Requesting Official
and Sending Official. A Party may designate the same person as both the
Requesting Official and the Sending Official. Also, a Party may designate one or
more persons to serve as an alternate in the absence of a designated official.
Subd. 2. Request for Assistance. Whenever, in the opinion of a Requesting
Official of a Party, there is a need for Public Works Assistance from another Party,
such Requesting Official may, at his or her discretion, call upon the Sending Official
of any other Party to furnish Public Works Assistance.
Subd. 3. Response. Upon the receipt of a request for Public Works Assistance from
a Party, the Sending Official may authorize and direct personnel and equipment of
the Sending Party be sent to the Requesting Party. Whether the Sending Party
provides such Public Works Assistance to the Requesting Party and, if so, to what
extent such Public Works Assistance is provided shall be determined solely by the
Sending Official (subject to such supervision and direction as may be applicable
within the governmental structure of the Party by which they are employed). Failure
to provide Public Works Assistance will not result in liability to a Party and each
Party hereby waives all claims against another Party for failure to provide Public
Works Assistance.
Subd. 4. Back-Up Assistance. When a Sending Party provides Public Works
Assistance under the terms of this Agreement, it may in turn request Public Works
Assistance from other Parties as “back-up” during the period it is it outside of its
jurisdiction providing Public Works Assistance to the original Requesting Party.
Subd. 5. Recalling Assistance. Whenever a Sending Party has provided Public
Works Assistance to a Requesting Party, the Sending Official may at any time recall
its personnel and equipment, or any part thereof, if the Sending Official in his or her
best judgment deems such recall is necessary to provide for the best interests of the
Sending Party’s community. Such action will not result in liability to any Party and
each Party hereby waives all claims against another Party for recalling Public Works
Assistance.
6
Subd. 6. Command of Scene. The Requesting Party shall be in command of all
situations where Public Works Assistance is provided. The personnel and equipment
of the Sending Party shall be under the direction and control of the Requesting Party
until the Sending Party withdraws Public Works Assistance or the Public Works
Assistance is no longer needed.
Subd. 7. Charges. Charges may be levied by a Sending Party for Public Works
Assistance rendered to a Requesting Party under the terms of this Agreement. The
Sending Party may submit to the Requesting Party an itemized bill for the actual cost
of any Public Works Assistance provided, including salaries, overtime, materials, and
supplies, equipment operation, and other necessary expenses. The Requesting
Party will reimburse the Sending Party providing the Public Works Assistance for
that amount or other such amount as mutually negotiated. Such charges are not
contingent upon the availability of federal or state government funds. A Party may
request a list of rates from another Party prior to requesting assistance. No charges
shall apply to joint training events unless the Parties participating in the particular
event agree to a charge in writing prior to the event.
V. RESPONSIBILITY AND LIABILITY
Subd. 1. Personnel. Each Party shall be responsible for its own personnel and
equipment, and for injuries or death to any such personnel or damage to any such
equipment. Responding personnel shall be deemed to be performing their regular
duties for each respective Sending Party for purposes of workers’ compensation.
Subd. 2. Worker’s Compensation. Each Party will maintain workers’ compensation
insurance or self-insurance coverage, covering its own personnel while they are
providing Public Works Assistance pursuant to this Agreement. Each Party, and
where applicable its insurer or coverage provider, waives the right to sue any other
Party for any worker’s compensation benefits paid to its own employee or volunteer
or their dependents, even if the injuries or death were caused wholly or partially by
the negligence of any other Party or its officers, employees, or volunteers.
Subd. 3. Damage to Equipment. Each Party shall be responsible for damages to or
loss of its own equipment. Each Party, and where applicable its insurer or coverage
provider, waives the right to sue any other Party for any damages to or loss of its
equipment, even if the damages or losses were caused wholly or partially by the
negligence of any other Party or its officers, employees or volunteers.
Subd. 4. Liability. For the purposes of the Minnesota Municipal Tort Liability Act
(Minnesota Statutes, Chapter 466), the employees and officers of the Sending Party
are deemed to be employees (as defined in Minnesota Statutes, section 466.01,
subdivision 6) of the Requesting Party.
The Requesting Party agrees to defend and indemnify the Sending Party against
any claims brought or actions filed against a Sending Party or any officers,
employees, or volunteers of a Sending Party for injury or death to any third person or
persons or damage to the property of third persons arising out of the performance
and provision of Public Works Assistance pursuant to the Agreement. Under no
7
circumstances, however, shall a Party be required to pay, on behalf of itself and
other Parties, any amount in excess of the limits of liability established in Minnesota
Statutes, chapter 466, applicable to any one Party. The limits of liability for some or
all of the Parties may not, as provided in Minnesota Statutes, section 471.59,
subdivision 1a, be added together to determine the maximum amount of liability for
any Party.
The intent of this subdivision is to impose on each Requesting Party a limited duty to
defend and indemnify a Sending Party for claims arising within the Requesting
Party’s jurisdiction subject to the limits of liability under Minnesota Statutes, chapter
466. The purpose of creating this duty to defend and indemnify is to simplify the
defense of claims by eliminating conflicts among the Parties and to permit liability
claims against the Parties from a single occurrence to be defended by a single
attorney. However, the Sending Party, at is option and its own expense, shall have
the right to select its own attorney or approve a joint attorney as appropriate,
considering potential conflicts of interest. Nothing in this Agreement is intended to
constitute a waiver of any immunities and privileges from liability available under
federal law or the laws of Minnesota. If a court determines that the liability of a Party
or Parties is not subject to the tort caps and liability exceeds the tort cap maximum, a
Party shall be subject to liability only for the acts of its officers, employees and
volunteers.
No Party to this Agreement nor any official, employee or volunteer of any Party shall
be liable to any other Party or to any other person for failure of any Party to furnish
Public Works Assistance or for recalling Public Works Assistance.
VI. EFFECTIVE DATE AND MODIFICATIONS
This Agreement shall become effective and operative beginning at 12:01 A.M., local
time on October 1, 2018. The HCEM shall maintain a current list of the Parties to
this Agreement and, whenever there is a change, shall notify the designated
Sending Officials. Notice may be sent to the Sending Officials via email or through
the United States Postal Service. No modification of this Agreement shall be
effective unless it is reduced to writing and is approved by action of the governing
body of each of the then current Parties.
VII. WITHDRAWAL AND TERMINATION
A Party may withdraw from this Agreement by its governing body adopting a
resolution to withdraw. Withdrawal is effective after 30 days’ written notice is
provided to the HCEM. HCEM shall thereupon give notice of such withdrawal, and
the effective date thereof, to all other Parties. Parties that have withdrawn may rejoin
by following the procedure set forth in this Agreement. This Agreement will terminate
with respect to all Parties if the total number of Parties to the Agreement falls below
11. HCEM shall notify the remaining Parties that the Agreement has terminated.
8
IN WITNESS WHEREOF, the Parties, by action of their respective governing bodies,
caused this Agreement to be approved on the dates below.
(Each Party must attach a dated and signed signature
page consistent with that Party’s method of executing contracts.)
9
Entity:_______________________________
Mailing Address:
____________________________________
____________________________________
Adopted on the ___ day of ___________________, 2019
By:_______________________________
Its:_______________________________
By:_______________________________
Its:_______________________________
Attest:
By:______________________________
Its:______________________________
1
EQUIPMENT LOAN AGREEMENT
This Equipment Loan Agreement (“Agreement”) is made and entered into as of the
__ day of _______________, 2019 by and among the governmental units that have
executed this document as evidenced by the signature pages attached hereto.
RECITALS
A. Each Party has certain public works Equipment that can be utilized by other Parties for
use in carrying out their respective duties to keep public infrastructure properly
maintained and to protect the public health, safety, and welfare in a cost-effective
manner.
B. It is the best interests of the Parties and their respective taxpayers to enter into an
agreement to set out a process by which a Party may request the use of certain
equipment of another Party and to set out the terms under which such equipment will be
made available.
C. This Agreement is an extension of the joint powers agreement titled the Public Works
Joint Powers Mutual Aid Agreement the parties have adopted and which is a
prerequisite to entering into this Agreement.
D. In order to reduce the financial risks associated with loaning Equipment, this Agreement
is limited to only loaning Equipment that has a replacement value of no greater than
$500,000 as determined by the Party who owns the equipment.
E. Hennepin County Emergency Management has agreed to receive and maintain the
contact information for the Parties that have entered into this Agreement in order to
facilitate requests to borrow equipment.
F. This Agreement is made pursuant to Minnesota Statues, section 471.59, which
authorizes the joint and cooperative exercise of powers common to the parties. Each of
the Parties to this Agreement is authorized to own and operate Equipment and so may
enter into a joint powers agreement to share such Equipment.
AGREEMENT
The Parties to this Agreement hereby agree as follows:
1. Definition of Terms. For the purposes of this Agreement, the following terms shall
have the meaning given them in this section.
(a) Agreement. “Agreement” means this Equipment Loan Agreement.
(b) Eligible Party. “Eligible Party” means a “governmental unit” as defined by
Minnesota Statues, section 471.59, subdivision 1 that has entered into the joint
powers agreement titled the Public Works Joint Powers Mutual Aid Agreement.
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(c) Equipment. “Equipment” means any equipment, vehicles, or other property
owned by a Party that has a replacement value of under $500,000 as determined
by the Party who owns the equipment.
(d) HCEM. “HCEM” means Hennepin County Emergency Management or its
designee.
(e) Party and Parties. “Party” means an Eligible Party that elects to participate in this
Agreement by the authorization of its governing body. “Parties” means more than
one Party to this Agreement.
(f) Requesting Official. “Requesting Official” means a person who is designated by
the Requesting Party to request the loan of one or more pieces of Equipment from
another Party.
(g) Requesting Party. “Requesting Party” means a Party that requests to loan one or
more pieces of Equipment from a Sending Party.
(h) Sending Official. “Sending Official” means a person who is designated by a Party
to determine whether and to what extent that Party should loan one or more
pieces of its Equipment to a Requesting Party.
(i) Sending Party. “Sending Party” means a Party that loans one or more pieces of
Equipment to a Requesting Party.
2. Designate Officials. The governing body of each Party shall designate one or more
employees or elected officials to serve as a Requesting Official that is authorized to
request Equipment from another Party. The governing body of each Party shall also
designate one or more employees or elected officials to serve as a Sending Official that
is authorized to loan Equipment to another Party. Each Party shall provide the names
and contact information regarding its designated Requesting Official and Sending
Official to HCEM.
3. Requesting Equipment. Whenever, in the opinion of a Requesting Official of a Party,
there is a need for Equipment from another Party, such Requesting Official may, at his
or her discretion, call upon the Sending Official of any other Party to furnish the
requested Equipment. The Parties understand that this Agreement is limited to
Equipment that has a replacement value of under $500,000 as determined by the Party
that owns the Equipment. Any piece of Equipment that has a replacement value of
$500,000 or greater may not be loaned or borrowed pursuant to this Agreement. The
Sending Party has the sole discretion of determining whether to loan the requested
Equipment to the Requesting Party and shall in no way be held liable for denying a
request.
4. Fees. The Requesting Official and the Sending Official shall mutually agree on whether
a fee shall be charged for use of the Equipment. The Requesting Official and the
Sending Official may determine that no fee will be charged. If a fee is to be charged, the
amount of the fee must be documented in writing and mutually agreed upon before any
Equipment is loaned. Such writing may be by email or any other written form. If a fee is
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charged, the Sending Party shall submit an invoice to the Receiving Party within 30
days after the Equipment is returned to the Sending Party. The Receiving Party shall
pay the invoice within 30 days after receipt of the invoice.
5. Loan Period. Prior to sending the Equipment, the Requesting Official and the Sending
Official shall agree on the length of the period during which the Requesting Party may
use the Equipment. The Requesting Official and the Sending Official may agree to
modify the loan period.
6. Recalling Equipment. Whenever a Sending Party has provided one or more pieces of
Equipment to a Requesting Party, the Sending Official may at any time, regardless of
the agreed upon loan period, recall any of the Equipment it loaned if the Sending Official
determines, in his or her best judgment, such recall is necessary to provide for the best
interests of the Sending Party’s community. Such action shall not result in liability to any
Party and each Party hereby waives all claims against another Party for recalling any
Equipment.
7. Requesting Party’s Responsibilities. A Requesting Party that receives one or more
pieces of Equipment from a Sending Party shall, during the entire period in which the
Requesting Party has possession of the Equipment, be responsible for each of the
following:
(a) Transporting. Transporting the Equipment to and from the Sending Party’s
location;
(b) Examining the Equipment. Examining the Equipment upon receipt to determine
its suitability for the Requesting Party’s intended use;
(c) Trained Operators. Ensuring that only properly trained and licensed personnel
are allowed to operate the Equipment;
(d) Routine Maintenance. Conducting any routine maintenance required to operate
the Equipment. Routine maintenance includes, but is not limited to, supplying
fuel, lubricants, fluids, repairing flat tires, and other items that are typically
incidental to the use of the Equipment;
(e) Liability and Equipment Insurance. Maintaining liability, property, automobile, and
such other insurance coverages as may be needed to cover its operation of the
Equipment. The Requesting Party’s coverage shall be primary and non-
contributory to any other coverage available to the Sending Party. The
Requesting Party shall also be entitled to maintain a program of self-insurance.
The Sending Party may require proof of insurance coverage from the Requesting
Party before agreeing to loan its Equipment;
(f) Workers’ Compensation. Injuries to or death of its own personnel while using the
Equipment. The Requesting Party shall maintain workers’ compensation
insurance or self-insurance covering its own personnel while they are using the
Equipment. The Requesting Party waives the right to sue the Sending Party for
any workers’ compensation benefits paid to its own personnel or their
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dependents, even if the injuries were caused wholly or partially by the negligence
of the Sending Party or its officers, employees, volunteers, or agents;
(g) Damages. Damages to or loss of the Equipment. At a minimum, the Requesting
Party shall be obligated to either repair the Equipment or pay the mutually agreed
upon actual cash value of the Equipment. The Sending Party shall be entitled to
receive any insurance or coverage proceeds received by the Requesting Party
that are in excess of the Equipment’s actual cash value;
(h) Storing. Storing the Equipment in a safe and secure place; and
(i) Returning. Returning the Equipment to the Sending Party at the end of the
agreed upon loan period or earlier if recalled by the Sending Party. The
Equipment shall be returned in at least the same condition it was in when
received, except normal wear and tear. Any Equipment using fuel or other fluids
must be returned with at least the same level of fuel and fluids that the Equipment
had when received by the Requesting Party.
8. Indemnification. To the fullest extent permitted by law, the Requesting Party agrees to
defend, indemnify, and hold the Sending Party harmless against any claims brought or
actions filed against the Sending Party or any officer, employee or agent of the Sending
Party for injury to, death of, or damage to the property of any third person or persons,
arising from the Requesting Party’s use of the Equipment or the Requesting Party’s
failure to perform its obligations under this Agreement. The Requesting Party is not
required to indemnify the Sending Party for claims arising from the Sending Party’s own
negligence or misconduct. Under no circumstances shall a Party be required to pay on
behalf of itself and the other Party any amounts in excess of the limits on liability
established in Minnesota Statutes, Chapter 466 applicable to any one Party.
9. Liability. To the fullest extent permitted by law, action by the Parties to this Agreement
are intended to be and shall be construed as a “cooperative activity” and it is the intent
of the Parties that they shall be deemed a “single governmental unit” for the purposes of
liability, as set forth in Minnesota Statutes, section 471.59, subd. 1a(a), provide further
that for purposes of that statute, each Party to this Agreement expressly declines
responsibility for the acts or omissions of another Party, except to the extent necessary
to give effect to the indemnification provision in this Agreement.
10. Governing Law. This Agreement shall be governed by and interpreted in accordance
with the laws of the State of Minnesota.
11. Waiver. The waiver by either the Requesting Party or the Sending Party of any breach
or failure to comply with any provision of this Agreement by the other party shall not be
construed as, or constitute a continuing waiver of such provision or a waiver of any other
breach of or failure to comply with any other provision of this Agreement.
12. Entire Agreement. This document, including the recitals and the documents expressly
incorporated herein by reference, constitutes the entire agreement between the Parties
regarding the lending and borrowing of Equipment. This Agreement is an extension of
the Public Works Joint Powers Mutual Aid Agreement, which is incorporated herein. To
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the extent there are any inconsistencies between the documents, the provisions of this
Agreement shall be controlling with respect the lending and borrowing of Equipment by
the Parties.
13. Counterparts. This Agreement may be executed in counterparts, each of which shall
be an original, all of which shall constitute but one and the same instrument.
14. Savings Clause. If any court of competent jurisdiction finds any portion of this
Agreement to be contrary to law or invalid, the remainder of the Agreement will remain
in full force and effect.
15. Withdrawal. Any Party may withdraw from this Agreement by action of its governing
body. The withdrawing Party shall send written notification of its withdrawal to HCEM.
Any Party who withdraws from the Public Works Joint Powers Mutual Aid Agreement
shall, as of the effective date of such withdrawal, be deemed to have also withdrawn
from this Agreement.
16. Effective Date and Termination. This Agreement is effective on the date at least two
Parties sign this Agreement. This Agreement will become effective as to additional
Parties on the date executed by each such additional Party. This Agreement shall
continue until terminated. This Agreement shall be deemed terminated if the Public
Works Joint Powers Mutual Aid Agreement is terminated according to its terms, or if the
number of Parties to this Agreement falls below 11. HCEM will notify the remaining
Parties if this Agreement is terminated.
17. No Third Party Rights. This Agreement is solely for the benefit of the Parties. This
Agreement shall not create or establish any rights in or for the benefit of any third party.
IN WITNESS WHEREOF, the Parties, by action of their respective governing bodies,
caused this Agreement to be approved on the date below.
___________________________________
GOVERNMENTAL UNIT
Dated: ______________________________
BY:
Its ___________________________
AND:________________________________
Its ____________________________
RESOLUTION NO. 19-20
RESOLUTION AUTHORIZING THE PUBLIC WORKS JOINT POWERS MUTUAL
AID AND EQUIPMENT LOAN AGREEMENTS
WHEREAS, Minnesota Statues, Section 471.59 authorizes governmental units by
agreement of their governing bodies to jointly or cooperatively exercise any power common
to them; and
WHEREAS, the Public Works Joint Powers Mutual Aid Agreement has been
established to provide a formal process for units of government to share public works
personnel and equipment with other agencies within the State of Minnesota; and
WHEREAS, the Equipment Loan Agreement is an extension of the Public Works
Joint Powers Mutual Aid Agreement detailing how equipment under $500,000 is lent; and
WHEREAS, The City of Golden Valley desires to enter said mutual aid agreement.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden
Valley to authorize the Public Works Joint Powers Mutual Aid Agreement.
BE IT FURTHER RESOLVED, by the City Council for the City of Golden Valley to
authorize the Equipment Loan Agreement.
Adopted by the City Council of Golden Valley, Minnesota this 5th day of March 2019.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Kristine A. Luedke, City Clerk
Executive Summary For Action
Golden Valley City Council Meeting
March 5, 2019
Agenda Item
6. A. Consideration of Facility Use Agreement with the American National Red Cross
Prepared By
John Crelly, Fire Chief
Summary
The American Red Cross, a non-profit corporation chartered by the United States Congress, provides
services to individuals, families and communities when disasters strike. The Red Cross is identified in
the City’s Emergency Operation Plan as the agency the City calls if our citizens have housing or other
needs due to an emergency or disaster. The Red Cross has established shelter sites across Hennepin
County and the nation to provide shelter and other services to the public during a disaster.
The Red Cross asked the City to consider allowing it to use Brookview as a shelter site by entering
into a Facilities Use Agreement. This agreement would allow the Red Cross to use Brookview on a
temporary basis to conduct emergency and disaster-related activities, including as a service center,
a storage area, a parking area, or as a disaster shelter. Under the Agreement, the Red Cross would
make a request to use Brookview in the event of a disaster and the City may, in its sole discretion,
chose to allow the use or not. If the use is permitted, the Red Cross would manage the use of the
facility and would be responsible for all food service, safety, custodial services and publicity. The Red
Cross would also be required to return the facility to its original condition, to repair any damage,
and to reimburse the City for any costs associated with custodial and food service personnel and
supplies. The agreement does not require the Red Cross to pay a fee to use the facility or to
reimburse the City for any out-of-pocket costs for utilities. Finally, the Red Cross would provide all
insurance and indemnify the City for any claims or damages arising out of its acts or omissions under
the agreement. The agreement was reviewed and approved by the City Attorney.
Attachments
• Facility Use Agreement (4 pages)
Recommended Action
Motion to authorize the Mayor and City Manager to sign the American National Red Cross’s “Facility
Use Agreement”.
+ Red Cross
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The American National Red Cross ("Red Cross"), a non-profit corporation chartered by the United States
Congress, provides services to individuals, families and communities when disasters strike. The disaster relief
activities of the Red Cross are made possible by the American public who support the Red Cross with generous
donations. The Red Cross's disaster services are also supported by facility owners who permit the Red Cross to
use their buildings as shelters and other service delivery sites for disaster victims. This agreement is between the
Red Cross and a facility owner ("Owner") so the Red Cross can use the facility to provide services during a
disaster. This agreement only applies when Red Cross requests use of the facility and is managing the activity
at the facility.
Parties and Facility
Qwner:
Full Name of Owner City of Golden Valley, a Minnesota municipal corporation
Address 7800 Golden Valley Road, Golden Valley, MN 55427
24-Hour Point of Contact
Name and Title Work Phone Cell Phone
Fire Chief John Crelly
jcrelly@goldenvalleymn.gov
(763)593-8065
Address for Official Notices (only if different from above address)
City of Golden Valley
Attn: Fire Chief John Crelly
7800 Golden Valley Road
Golden Valley, MN 55427
Red Cross;
Chapter Name
Chapter Address
24-Hour Point of
Contact Name and
Title Work Phone Cell Phone
Address for Official Notices American Red Cross, Disaster Cycle Services Logistics, 8550 Arlington Blvd., Fairfax, VA 22031
Facility:
Brookview Golden Valley
316 Brookview Parkway South
Golden Valley, MN 55426
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Terms and Conditions
1. Use of Facility: Upon request and at Owner’s sole discretion, Owner may permit the Red Cross to use
and occupy the Facility on a temporary basis to conduct emergency, disaster-related activities. The
Facility may be used for the following purposes (both parties must initial all that apply):
Facility Purpose Owner Initials Red Cross Initials
Service Center (Operations, Client Services, or Volunteer Intake) X
Storage of supplies X
Parking of vehicles X
Disaster Shelter X
2. Facility Management: The Red Cross will designate a Red Cross official to manage the activities at the Facility ("Red Cross Manager"). The Owner will designate a Facility Coordinator to coordinate with the Red Cross Manager regarding the use of the Facility by the Red Cross.
3. Condition of Facility: The Facility Coordinator and Red Cross Manager (or designee) will jointly conduct a survey of the Facility before it is turned over to the Red Cross. They will use the first page of the Red Cross's Facility/Shelter Opening/Closing Form to record any existing damage or conditions. The Facility Coordinator will identify and secure all equipment in the Facility that the Red Cross should not use. The Red Cross will exercise reasonable care while using the Facility and will not modify the Facility without the Owner's express written approval.
4. Food Services (This paragraph applies only when the Facility is used as a shelter or service center.) Upon request by the Red Cross, and if such resources are available, the Owner will make the food service resources of the Facility, including food, supplies, equipment and food service workers, available to feed theshelter occupants. The Facility Coordinator will designate a Food Service Manager to coordinate meals at the direction of and in cooperation with the Red Cross Manager. The Food Service Manager will establish a feeding schedule and supervise meal planning and preparation. The Food Service Manager and Red Cross Manager will jointly conduct a pre-occupancy inventory of the food and foodservice supplies before the Facility is turned over to the Red Cross. When the Red Cross vacates the Facility, the Red Cross Manager and Facility Coordinator or Food Service Manager will conduct a post occupancy inventory of the food and supplies used during the Red Cross's activities at the Facility.
5. Custodial Services (This paragraph applies only when the Facility is used as a shelter or service center.) Upon request of the Red Cross and if such resources are available, the Owner will make its custodial resources, including supplies and workers, available to provide cleaning and sanitation services at the Facility. The Facility Coordinator will designate a Facility Custodian to coordinate these services at the direction of and in cooperation with the Red Cross Manager.
6. Security/Safely: In coordination with the Facility Coordinator, the Red Cross Manager, as he or she deems necessary and appropriate, will coordinate with law enforcement regarding any security and safety issues at the Facility.
7. Signage and Publicity: The Red Cross may post signs identifying the Facility as a site of Red Cross operations in locations approved by the Facility Coordinator. The Red Cross will remove such .signs when the Red Cross concludes its activities at the Facility. The Owner will not issue press releases or other publicity concerning the Red Cross's activities at the Facility without the written consent of the Red Cross Manager. The Owner will refer all media questions about the Red Cross activities to the Red Cross Manager.
+ Red Cross
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8. Closing the Facility: The Red Cross will notify the Owner or Facility Coordinator of the date when the Red Cross will vacate the Facility. Before the Red Cross vacates the Facility, the Red Cross Manager and Facility Coordinator will jointly conduct a post-occupancy inspection, using the second page of the Shelter/Facility Opening/Closi.ng Form, to record any damage or conditions. 9. (This paragraph does not apply when the Facility is used as a shelter. The Red Cross does not pay fees to use facilities as shelters.): Both parties must initial one of the two statements below:
a. Owner will not charge a fee for the use of the Facility. Owner initials: ____X___ Red Cross initials: ________
b. The Red Cross will pay $___Ø___ per day/week/month (circle one) for the right to use and
occupy the Facility. Owner initials: ___X___ Red Cross initials: ______
10. Reimbursement: Subject to the conditions in paragraph 1(e) below, the Red Cross will reimburse the
Owner for the following:
a. Damage to the Facility or other property of Owner, reasonable wear and tear excepted, resulting from the operations of the Red Cross. Reimbursement for facility damage will be based on replacement at actual cash value. The Red Cross, in consultation with the Owner, will select from bids from at least three reputable contractors. The Red Cross is not responsible for storm damage or other damage caused by the disaster.
b. Reasonable costs associated with custodial and food service personnel and supplies which would not have been incurred but for the Red Cross's use of the Facility. The Red Cross will reimburse at per-hour, straight-time rate for wages actually incurred but will not reimburse for (i) overtime or (ii) costs of salaried staff.
c. Reasonable, actual, out-of-pocket costs for the utilities indicated below, to the extent that such costs would not have been incurred but for the Red Cross's use of the Facility. (Both parties must initial all utilities that may be reimbursed by the Red Cross):
Owner Initia1s Red Cross Initials Water X Gas X Electricity X Waste Disposal X
d. The Owner will submit any request for reimbursement to the Red Cross within 60 days
after the occupancy of the Red Cross ends. Any request for reimbursement must be
accompanied by supporting invoices. Any request for reimbursement for personnel costs
must be accompanied by a list of the personnel with the dates and hours worked.
e. If the disaster is a Federally-declared disaster and Owner is a municipal or state government
entity, then the Owner will work with appropriate emergency management agencies to seek
cost reimbursement through the Federal Emergency Management Agency's program for
administering Public Assistance Category B under the Robert T. Stafford Act. The Red Cross
is not obligated to reimburse the Owner for costs covered by Public Assistance Category B.
+ Red Cross
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11. Insurance: The Red Cross shall carry insurance coverage in the amounts of at least $2,000,000 per
occurrence for Commercial General Liability and Automobile Liability and shall add Owner as an
additional insured. The Red Cross shall also carry Workers' Compensation coverage with statutory
limits for the jurisdiction within which the facility is located and $2,000,000 in Employers'
Liability.
12. Indemnification: The Red Cross shall defend, hold harmless, and indemnify Owner and Owner’s
employees, officials, officers, volunteers, and agents against any liability, claims, demands, suits,
penalties, personal injury, judgments and costs of any kind whatsoever (“Claims”), including reasonable
attorney fees, arising out of or in any way resulting from the acts or omissions of the Red Cross or any
breach of this agreement, but in no event shall the Red Cross be responsible to indemnify, defend or
hold harmless the City for the acts or omissions of any third party. The provisions of this Section 12
shall survive any termination of this agreement.
13. Term: The term of this agreement begins on the date of the last signature below and ends 30 days
after written notice by either party.
14. Venue and Forum. This Agreement shall be interpreted in accordance with Minnesota law and any suit or
litigation between the parties arising out of this Agreement shall be filed, tried and litigated only in Hennepin
County District Court in the state of Minnesota.
15. Counterparts. This agreement may be executed in any number of counterparts, including electronically. Each
counterpart constitutes an original and all counterparts collectively constitute one and the same instrument.
The signatures of the parties need not appear on the same counterpart.
City of Golden Valley The American National Red Cross
Shepard M. Harris, Mayor
By:
Its:
Date: _______________
Date: _______________
Timothy J. Cruikshank, City Manager
Date: _______________
Executive Summary For Action
Golden Valley City Council Meeting
March 5, 2019
Agenda Item
6. B. First Consideration of Therapeutic Massage Licensing, Permitting and Regulation Ordinance
Prepared By
Maria Cisneros, City Attorney
Kris Luedke, City Clerk
Summary
The City’s massage licensing and regulation ordinance has not been updated in several decades.
(City Code § 16-230 et. seq.) Staff recommends updating this section of the code because (1) it
contains outdated language and overlaps with other sections of the code; (2) the organization of
the ordinance and application requirements are confusing; and (3) there are legitimate uses for
massage that the Council may wish to exempt from licensing requirements, such as services
provided in nursing homes or to in-home hospice care patients.
Staff reviewed similar ordinances in several metro cities to inform the recommended changes and
recommends enacting a new massage licensing and regulation ordinance that:
• Clarifies the application requirements and procedures to reduce the number of questions
received from current and potential license holders.
• More clearly differentiates between enterprise license requirements and individual
massage therapist permit requirements.
• Updates the exemptions to include:
o Legitimate medical uses for massage that are not allowed under the current code,
for example massage provided to residents of nursing homes where the service is
prescribed by a licensed medical professional.
o Students of an accredited massage therapy program who are performing services in
the course of a clinical component of an accredited program of study.
o Certified athletic trainers.
o Licensed estheticians, cosmetologists, nail technicians or barbers where the
massage is performed in the open and as part of the licensed service.
o Chair massage provided in a place of business.
• Adds a temporary permit option to allow in-home massage for hospice patients.
• Modifies the appeal process for the revocation, suspension or non-renewal of a license so
that it is governed by the administrative appeal process in section 2-2 of the City Code.
• Updates the insurance requirements to require commercial general liability coverage for
massage enterprise licensees and professional services liability coverage for individual
massage therapists.
• Updates criteria for ineligibility to include persons and enterprises that have been subject
to disciplinary action under Minnesota Statutes, chapter 146A (governing complimentary
and alternative health care practices that are not licensed by the state).
• Does not contain references to rap parlors, conversation parlors, adult encounter groups or
adult sensitivity groups.
• Updates massage therapist training and certification requirements to align with current
industry standards.
The revised ordinance retains many of the more general requirements of the current ordinance
(although in an updated order and format), including the following:
• Character and fitness requirements for individual permit holders and owners of enterprise
license holders.
• Property maintenance and cleanliness requirements.
• Limiting the number of enterprise licenses issued in the City to six.
Attachments
• Current City Code – Article VIII. Massage Parlors, Saunas, and Other Adult-Oriented Service (9
pages)
• Proposed City Code – Article VIII. Therapeutic Massage Licensing, Permitting & Regulations (12
pages)
• Ordinance #656, Repealing in its Entirety Article VIII. Massage Parlors, Sauna, and Other Adult-
Oriented Services and Adding a New Article VIII. Therapeutic Massage Licensing, Permitting and
Regulations (13 pages)
Recommended Action
Motion to adopt first consideration of Ordinance #656, Repealing in its Entirety Article VIII.
Massage Parlors, Sauna, and Other Adult-Oriented Services and Adding a New Article VIII.
Therapeutic Massage Licensing, Permitting and Regulations.
ARTICLE VIII. - MASSAGE PARLORS, SAUNAS, AND OTHER ADULT-ORIENTED
SERVICES
Sec. 16-230. - Findings and Statement of Policy.
(a) The Council deems it necessary to provide for the special and express regulation of businesses or
commercial enterprises which operate as massage parlors, saunas, rap parlors, conversation
parlors, adult sensitivity groups, adult encounter groups, escort services, dancing services, hostess
services and similar adult-oriented services operating under different names in order to protect the
public health, safety and welfare and to guard against the inception and transmission of disease.
The Council further finds that commercial enterprises such as the type described above, and all
other similar establishments whose services include sessions offered to adults, conducted in
private by members of the same or the opposite sex, and employing personnel with no specialized
training, are susceptible to operation in a manner contravening, subverting or endangering the
morals of the community by being the site of acts of prostitution, illicit sex and occasions of
violent crimes, thus requiring close inspection, licensing and regulation.
(b) The Council also finds that control and regulation of commercial establishments of these types, in
view of the abuses often perpetrated, require intensive efforts by the Police Department and other
departments of the City. As a consequence, the concentrated use of City services in such control
detracts from and reduces the level of service available to the rest of the community and thereby
diminishes the ability of the City to promote the general health, welfare, morals and safety of the
community. In consideration for the necessity on the part of the City to provide numerous services
to all segments of the community, without a concentration of public services in one area working
to the detriment of the members of the general public, it is hereby decided that the number of
licenses issued pursuant to this article for massage parlors, saunas, rap parlors, conversation
parlors, adult encounter groups, adult sensitivity groups, escort services, model services, dancing
services, hostess services or for similar adult-oriented services which may be in force at any one
time be no more than a total of six such licenses.
(Code 1988, § 6.36(1); Ord. No. 203, 2nd Series, 6-23-1999)
Sec. 16-231. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Certificate: A certificate issued by the City authorizing the holder to practice or administer a
massage.
Escort Service or Model Service or Dancing Service or Hostess Service: Any person advertising,
offering, selling, trading or bartering the services of itself, its employees or agents as hostesses,
models, dancers, escorts, dates or companions whether or not goods or services are simultaneously
advertised, offered, sold, traded or bartered and regardless of whether said goods or services are
also required to be licensed.
Massage: The rubbing, stroking, kneading, tapping or rolling of the body of another with hands or
objects for the exclusive purpose of physical fitness, relaxation, beautification and for no other
purpose. The term "massage" does not apply to the practice of medicine, surgery, osteopathy,
chiropractic, physical therapy or podiatry and persons duly licensed in this State to practice
medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, nurses who work solely
under the direction of any such persons, beauty culturists and barbers who do not give, or hold
themselves out to give, massage treatments, as defined herein, other than is customarily given in
such shops or places of business, for the purpose of beautification only. Provided, however, that
the persons practicing such excluded activities hold valid licenses from the State.
Massage Parlor: Any establishment or place providing to the public at large massage services,
other than a hospital, sanitarium, rest home, nursing home, boarding home, or other institution for
the hospitalization or care of human beings.
Massage Services: A business offering or providing massages to others where a fee is charged and
whether or not the massage services are rendered at the licensed location.
Massage Therapist: Person who practices or administers a massage.
Rap Parlor or Conversation Parlor or Adult Encounter Group or Adult Sensitivity Group: Any
person or entity advertising, offering, selling, trading or bartering the services of itself, its
employees or agents as non-professional counselors, teachers or therapists who may talk to,
discuss or have conversation with patrons or who deal in any way with patron's physical senses
whether or not other goods or services are simultaneously advertised, offered, sold, traded or
bartered and regardless of whether said goods or services are also required to be licensed.
Sauna: Any public facility used for the purpose of bathing, reducing or relaxing, utilizing steam as
a cleaning, reducing or relaxing agent.
Similar Adult-Oriented Services: Is meant to include all other services which fall within the
definitions of "escort service," "massage parlor," "massage services," "rap parlor" and "sauna" but
are operated under different names.
(Code 1988, § 6.36(2))
Sec. 16-232. - License Required.
(a) Persons. It is unlawful for any person to operate a massage parlor or massage establishment,
sauna, rap parlor, conversation parlor, adult encounter group, adult sensitivity group, model
service, escort service, dancing service, hostess service or any other adult-oriented services either
exclusively or in connection with any other business enterprise, or hold himself/herself out as
being a massage therapist or engaged in or offering his/her services as a model, hostess, dancer,
escort or counselor in a rap parlor, conversation parlor, adult sensitivity or adult encounter group
without a license from the City.
(b) Establishments. It is unlawful for any person or entity to hold out any establishment as providing
services as a massage parlor, sauna, rap parlor, conversation parlor, adult encounter group, adult
sensitivity group or model service, escort service, dancing service, hostess service or similar adult-
oriented service without a license from the City. Whenever any establishment ceases to be
licensed as a massage parlor, sauna, rap parlor, conversation parlor, adult encounter group, adult
sensitivity group or model service, escort service, dancing service, hostess or other adult oriented
services, whether through the suspension, cancellation, revocation or expiration, its owners shall
immediately remove from public view any sign or display which identifies the establishment as
being a massage parlor, sauna, rap parlor, conversation parlor, adult encounter group, adult
sensitivity group or as offering a model service, escort service, dancing service, hostess service or
other adult-oriented service.
(Code 1988, § 6.36(3))
Sec. 16-233. - Certificate Required.
It is unlawful for any person to engage in or hold himself/herself out as being engaged in the practice
of massage nor shall any person administer or practice massage commercially or for hire, or for the
exchange of any valuable consideration without a certificate therefor from the City.
(Code 1988, § 6.36(4))
Sec. 16-234. - Exceptions.
This article does not apply to the following individual persons and establishments:
(1) Bona fide legal, medical, psychiatric, psychological, family or marriage counseling services
licensed by the State.
(2) Bona fide financial counseling services or bona fide educational institutions completely
complying with State and local regulations or the regulation of any licensing authorities nor
does it apply to bona fide churches, synagogues or institutions or organized religions or to
seminars, panel discussions or group classes sponsored by bona fide religious institutions or
educational institutions.
(3) Bona fide health/sports establishments which meet the following criteria:
a. The primary purpose of the establishment is health and fitness; massage service is
subsidiary
b. No more than 10 percent of the establishment revenue is derived from massage
c. The financial records of the establishment are at all times available to the City for
inspection; and
d. The establishment has an ongoing membership which list is available to City officials for
inspection at any time.
Massage therapists employed by such establishments are not required to be certified under
this article.
(Code 1988, § 6.36(5))
Sec. 16-235. - Contents of Application for License.
(a) Application for a license shall be made only on the forms provided by the City Manager or his/her
designee. A complete copy of the application must be submitted to the City Clerk's office
containing the address and legal description of the property to be used, the name, address and
telephone number of two persons who shall be residents of the County who may be called upon to
attest to the applicant's, manager's or operator's character; whether the applicant, manager or
operator has ever been convicted of a crime or offense and, if so, complete and accurate
information as to the crime, place and nature of such crime or offense, including the disposition
thereof; the names and addresses of all creditors of the applicant, owner, lessee, or manager
insofar as and regarding credit which has been extended for the purposes of constructing,
equipping, maintaining, operating, furnishing, or acquiring the premises, personal effects,
equipment or anything incidental to the establishment maintenance and operation of a massage
parlor, sauna, rap parlor, conversation parlor, adult encounter group, adult sensitivity group, escort
service, model service, dancing service, hostess service or similar adult-oriented service.
(b) If the application is made on behalf of a joint business venture, partnership or any legally
constituted business association other than a corporation, it shall submit, along with its
application, accurate and complete business records showing the names and addresses of all
partners, officers, directors, managers and owners and, in the case of a corporation, the names and
addresses of all officers, managers and members of the board of directors.
(c) If the application is made on behalf of a joint business venture, partnership, legally constituted
business association or corporation, the applicant shall also submit the names and addresses of any
and all creditors who have extended credit for the acquisition, maintenance, operation or
furnishing of the establishment.
(d) All applicants shall furnish to the City, along with their applications, complete and accurate
documentation establishing the interest of the applicant and any other person having an interest in
the premises upon which the building is proposed to be located or in the furnishings thereof.
Documentation shall be in the form of a lease, deed, contract for deed, mortgage deed, mortgage,
credit arrangement, loan agreements, security agreements and any other documents establishing
the interest of the applicant or any other person in the operation, acquisition or maintenance of the
enterprise offering services as a massage parlor, sauna, rap parlor, conversation parlor, adult
encounter group, adult sensitivity group, model service, escort service, dancing service, hostess
service or similar adult-oriented service.
(e) Insurance in the amount of $1,000,000.00 in professional liability and general liability shall be in
force and effect as a condition of maintaining a valid licensed premises.
(f) All applicants shall state any other licenses for which they have applied within the last 10 years
and any denial, suspension or revocation of a license along with an explanation of any such denial,
suspension or revocation.
(Code 1988, § 6.36(6); Ord. No. 203, 2nd Series, 6-23-1999)
Sec. 16-236. - Contents of the Application for Certificate.
Application shall be made only on forms provided by the City Manager or his/her designee. The
application shall include the following information together with any information which the City
Manager or his/her designee may require:
(1) Applicants must possess a certificate from a licensed school of massage, certifying their
successful completion of a course of study of not less than 400 hours of training in massage
therapy.
(2) Evidence of applicant's practical qualifications to practice massage.
(3) Evidence that the applicant is of good moral character.
(4) The names and addresses of two persons, residents of the County, who can attest to the
applicant's character.
(5) Whether the applicant has ever been convicted of a crime or offense and, if so, information as
to the time, place and nature of such crime or offense.
(6) Evidence that the applicant is at least 18 years of age.
(Code 1988, § 6.36(7); Ord. No. 203, 2nd Series, 6-24-1999)
Sec. 16-237. - Licensing Conditions.
(a) Licenses shall be issued only if the applicant or all of its owners, managers, employees, agents or
interested parties are persons of good moral character and repute.
(b) Licenses shall be issued only if the applicant and all of its owners, managers, agents, employees or
interested parties are free of convictions for offenses which involve moral turpitude or which
relate directly to such person's ability, capacity or fitness to perform the duties and discharge the
responsibilities of the licensed activity.
(c) Licenses shall be issued only to applicants who have not, within three years prior to the date of
application, had a license of this type revoked or suspended in or by any community or political
entity and whose owners, managers, or any interested parties have not been similarly revoked or
suspended.
(d) Licenses shall be issued only to applicants who have answered fully and truthfully all of the
information requested in the application, who have paid the full license fee and fee for
investigation and have cooperated fully and truthfully with the City in the review of the
application.
(e) Licenses may only be granted when the premises involved are in complete conformity with
Chapter 113, pertaining to zoning.
(f) Licenses shall be granted only to establishments which meet the safety, sanitary and building code
requirements of the City.
(g) A license shall not be granted if granting the license:
(1) Would be inconsistent with the comprehensive development of the City; or
(2) Would otherwise have a detrimental effect upon other property or properties in the vicinity.
(Code 1988, § 6.36(8); Ord. No. 203, 2nd Series, 6-24-1999)
Sec. 16-238. - Certification Conditions.
(a) Certificates shall be issued only to persons of good moral character and repute and persons who
are in good health and free from any communicable disease.
(b) Certificates shall be issued only to persons free of convictions of offenses which involve moral
turpitude or which relate directly to the person's ability, capacity or fitness to perform the duties
and discharge the responsibilities of the occupation.
(c) Certificates shall not be issued to persons who, within one year prior to the date of application,
have been denied certification licensing or who has had his/her certificate or license revoked or
suspended by any community, political entity or by the State.
(d) Certificates shall be issued only to persons who have fully and truthfully answered all of the
information requested in the application and have paid the full certification fee and certification
investigation fee.
(e) Certificates shall be issued only to persons 18 years of age or older.
(Code 1988, § 6.36(9))
Sec. 16-239. - Granting or Denial of Licenses and Certificates.
(a) License applications and certificate applications shall be issued by the Police Department upon
review by the Inspections Department, Planning Department, and such other departments as the
City Manager shall deem necessary. The review of license applications shall include an inspection
of the premises covered by the application to determine whether the premises conform to all
applicable code requirements.
(b) A license permitting the conduct of an establishment offering services as a massage parlor, sauna,
rap parlor, conversation parlor, adult encounter group, adult sensitivity group, escort service,
model service, dancing service, hostess service or similar adult-oriented service is non-transferable
and non-renewable, and application must be made each year for a license permitting and allowing
the conduct of such business for the succeeding year.
(c) A certificate permitting the holder thereof to practice or administer massage commercially is non-
renewable and non-transferable and application must be made each year at least 60 days before the
expiration of the existing certificate for a certificate permitting and allowing the holder thereof to
administer or practice massage for the succeeding year.
(Code 1988, § 6.36(10); Ord. No. 203, 2nd Series, 6-24-1999)
Sec. 16-240. - Restrictions and Regulations.
(a) The licensee and any persons in the employ of such licensee or agents or officers thereof and any
and all persons with an interest in said business shall comply with all applicable provisions of the
City Code, the State, and the United States.
(b) If the licensee is a partnership or corporation, the applicant shall designate a person to be manager
and in responsible charge of the business and employees. Such person shall remain responsible for
the conduct of the business and employees until another suitable person has been designated in
writing by the licensee. The licensee shall promptly notify the Police Department in writing of any
such change, indicating the name, address and telephone number of the new manager and the
effective date of such change.
(c) Every licensee shall allow an examination and inspection of every part of the premises by the
Police Department, inspections or health authority of the City during normal business hours.
Refusal to allow such inspection or to answer the request of the Police Department, inspections, or
health authority to be admitted to a licensed premises shall be grounds for suspension or
revocation of all licenses and certificates issued under this article.
(d) The licensed premises shall not be open for business nor shall patrons be permitted on the
premises between the hours of 11:00 p.m. and 7:00 a.m. on any day.
(e) Upon demand of any police officer, any person employed in any licensed premises shall provide
identification by giving such person's true legal name, date of birth, and current address.
(f) No person under 18 years of age shall be employed in an establishment requiring a license under
the provisions of this article.
(g) The licensee shall furnish the Police Department with a list of current employees, indicating their
names and addresses and designating the duties of the employees within the licensed premises.
The licensee shall promptly notify the Police Department of any additions or deletions in the list
of employees or changes in their job descriptions or duties.
(h) The licensed premises must be kept and maintained in a sanitary condition defined as being free
from the vegetative cells of pathogenic microorganisms and all equipment, personal property,
tables, beds, towels, clothing and the like used in or for the licensed premises shall also be
maintained in a sanitary condition as defined herein.
(i) No licensee shall employ any person as a massage therapist without first ensuring that said
employee possesses a valid certificate for the administration or practice of massage.
(j) Except as otherwise provided in this article, any person acting as a massage therapist hall have
such person's certificate displayed in a prominent place at such person's place of employment and
upon demand by any police officer or other authorized officer or agent of the City, any person
engaged in practicing massage shall provide identification by giving such person's true legal name,
date of birth, correct address and phone number.
(k) Except as otherwise provided in this article, any person practicing massage within the City shall
initially advise the City of such person's current address and telephone number and shall further
advise the City of any changes in address or telephone number within 30 days of such change.
(l) Any massage therapist practicing massage shall remain fully clothed in a non-transparent uniform
or clothing at all times. The therapist must require that the person who is receiving the massage
will at all times have that persons breasts, buttocks, anus and genitals covered with non-
transparent material or clothing.
(Code 1988, § 6.36(11); Ord. No. 203, 2nd Series, 6-24-1999)
Sec. 16-241. - Construction and Maintenance Requirements.
(a) The premises shall have private restrooms and changing facilities available for patrons. The
changing room need not be separate from the massage room.
(b) All massage rooms, locker rooms, restrooms and bathrooms used in connection therewith shall be
maintained in a sanitary condition. All equipment, personal property, beds, towels, clothing and
the like used in the massage parlor shall be of a sanitary design and kept in a sanitary condition.
(c) All restrooms shall be provided with mechanical ventilation meeting the ventilation requirements
of the Building Code, a hand washing sink equipped with hot and cold running water under
pressure, sanitary towels and a soap dispenser.
(d) All rooms in the licensed premises including, but not limited to, massage rooms, sauna rooms,
restrooms, bathrooms, rap rooms, conversation rooms, modeling rooms, dancing rooms, janitor's
closets, hallways and reception areas shall be illuminated with not less than five foot candles of
illumination.
(e) Each licensed premises shall have a janitor's closet which shall provide for the storage of cleaning
supplies.
(f) Floors, walls and equipment in massage rooms, sauna rooms, restrooms, bathrooms, rap rooms,
conversation rooms, modeling rooms and dancing rooms must be kept in a state of good repair and
sanitary at all times. Linen and other materials shall be stored at least 12 inches off the floor. Clean
towels, washcloths and linens must be available for each customer utilizing the sauna or shower
facilities.
(g) Such establishments shall provide adequate refuse receptacles which shall be emptied as required.
(Code 1988, § 6.36(12); Ord. No. 203, 2nd Series, 6-24-1999)
Sec. 16-242. - Revocation, Suspension or Non-Renewal of License.
The license may be revoked, suspended or not renewed by the Council upon recommendation of the
City Manager or his/her designee by showing that the licensee, its owners, managers, employees,
agents or any other interested parties have engaged in any of the following conduct:
(1) Fraud, deception or misrepresentation in connection with the securing of the license.
(2) Habitual drunkenness or intemperance in the use of drugs including, but not limited to, the use
of drugs defined in Minn. Stats. ch. 152, barbiturates, hallucinogenic drugs, amphetamines,
Benzedrine, Dexedrine or other sedatives, depressants, stimulants or tranquilizers.
(3) Engaging in conduct involving moral turpitude or permitting or allowing others within their
employ or agency to engage in conduct involving moral turpitude or failing to prevent agents,
officers, or employees in engaging in conduct involving moral turpitude.
(4) Failure to fully comply with any requirements of the City Code regarding sanitary and safety
conditions, zoning requirements, building code requirements; or failure to fully comply with
the City Code, the violation of which involves moral turpitude, or failure to comply fully with
any requirements of this article.
(5) Conviction of an offense involving moral turpitude by any court of competent jurisdiction.
(6) Operation of the establishment without a valid license or during periods in which the license
has been suspended or revoked.
(7) Engaging in any conduct which would constitute grounds for refusal to issue a license herein.
(8) The licensee may appeal such suspension, revocation or non-renewal to the Council. The
Council shall consider the appeal at the next regularly scheduled Council meeting on or after
10 days from service of the notice of appeal to the City Manager or his/her designee. At the
conclusion of the hearing, the Council may order:
a. That the revocation, suspension or non-renewal be affirmed
b. That the revocation, suspension or non-renewal be lifted and that the license be returned
to the license holder; or
c. The Council may base either suspension or issuance of the certificate upon any additional
terms, conditions and stipulations which it may, in its sole discretion, impose.
(Code 1988, § 6.36(14))
Sec. 16-243. - Revocation, Suspension or Non-Renewal of Certificate.
Certification may be revoked or suspended by the City Manager or his/her designee or not renewed by
the Council for any of the following:
(1) Fraud, deception or misrepresentation in connection with the securing of the certification.
(2) Habitual drunkenness or intemperance in the use of drugs including, but not limited to, the use
of drugs defined in Minn. Stats. ch. 152, barbiturates, hallucinogenic drugs, amphetamines,
Benzedrine, Dexedrine or other sedatives, depressants, stimulants or tranquilizers.
(3) Conduct, inimical to the interests of the public health, safety, welfare or morals.
(4) Engaging in conduct involving moral turpitude.
(5) Failure to fully comply with the requirements of this article.
(6) Conviction of an offense involving moral turpitude.
(7) The certificate holder may appeal such suspension, revocation or non-renewal to the Council.
The Council shall consider the appeal at the next regularly scheduled Council meeting on or
after 10 days from service of the notice of appeal to the City Manager or his/her designee. At
the conclusion of the hearing, the Council may order:
a. That the revocation, suspension or non-renewal be affirmed
b. That the revocation, suspension or non-renewal be lifted and that the certificate be
returned to the certificate holder; or
c. The Council may base either suspension or issuance of the certificate upon any additional
terms, conditions and stipulations which it may, in its sole discretion, impose.
(Code 1988, § 6.36(15))
Sec. 16-244. – Prohibited Acts.
It is unlawful for any employer to employ a person to practice or administer massage nor permit, suffer
or allow a person to practice or administer massage unless that person has been granted a valid
certificate pursuant to this article and every employer shall require that the certification be prominently
and openly displayed on the premises in plain view.
(Code 1988, § 6.36(16))
Sec. 16-245. – Illegal Acts.
It is unlawful for any person to commit or attempt to commit, conspire to commit or aid and abet in the
commission of any act constituting a violation of this article or any act, which constitutes an omission
and, therefore, a violation of this article, whether individually or in connection with one or more
persons or as principal, agent or accessory, and any person who does so shall be guilty of such offense
and it is unlawful for any person to falsely, fraudulently, forcibly or willfully induce, cause, coerce,
require, permit or direct another to violate any of the provisions of this article.
(Code 1988, § 6.36(17))
Secs. 16-246 – 16-268. - Reserved.
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ARTICLE VIII. THERAPEUTIC MASSAGE LICENSING, PERMITTING &
REGULATION
Sec. 16-230. - Purpose.
The purpose of this section of the City Code is to prohibit massage businesses and services
to the public except those licensed as therapeutic massage enterprises or permitted massage
therapists or otherwise exempted from licensing and permitting requirements pursuant to
this section. The licensing regulations prescribed herein are necessary in order to protect
businesses that are operating legitimate enterprises, to prevent criminal activity and to
protect the health and welfare of the community. The purpose of this section is not to impose
restrictions or limitations on the freedom of protected speech or expression.
Sec. 16-231. - Findings of the City Council.
The City Council makes the following findings regarding the need to license therapeutic
massage enterprises and permit therapists and to prohibit all other types of massage
businesses and services to the public:
a) Persons who have bona fide and standardized training in therapeutic massage,
health, and hygiene can provide a legitimate and necessary service to the general
public.
b) Health and sanitation regulations governing therapeutic massage enterprises and
therapists can minimize the risk of the spread of communicable diseases and can
promote overall health and sanitation.
c) License and permit qualifications for the restrictions on therapeutic massage
enterprises and therapists can minimize the risk of the spread of communicable
diseases and can promote overall health and sanitation.
d) Massage services provided by persons with no specialized and standardized
training in massage can endanger citizens by facilitating the spread of
communicable diseases, by exposing citizens to unhealthy and unsanitary
conditions, and by increasing the risk of personal injury.
e) Massage businesses which employ persons with no specialized and standardized
training can tax City law enforcement services because such businesses are more
likely to be used as fronts for prostitution and other criminal activity than
operations established by persons with standardized training.
f) The training of professional massage therapists at accredited institutions is an
important means of ensuring the fullest measure of protecting the public health,
safety, and welfare.
Sec. 16-232. - Definitions.
The following words and terms when used in this section shall have the following
meanings unless the context clearly indicates otherwise:
Accredited Institution. An educational institution holding accredited status with the United
States Department of Education or Minnesota Office of Higher Education.
2
Accredited Program. A professional massage program accredited by the Commission on
Massage Therapy Accreditation (COMTA) or the National Accrediting Commission of
Career Arts and Sciences (NACCAS).
Clean. The absence of dirt, grease, rubbish, garbage and other offensive, unsightly or
extraneous matter.
Good Repair. Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear,
leaks, obstructions, and similar defects so as to constitute a good and sound condition.
Issuing Authority. The City Manager, or his/her designee.
Massage. Any method of pressure on, or friction against, or the rubbing, stroking,
kneading, tapping, pounding, vibrating, stimulating, or rolling of the external parts of the
human body with the hands or with the aid of any mechanical or electrical apparatus, or
other appliances or devices, with or without such supplementary aids as rubbing alcohol,
liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations.
Massage Therapist. An individual who practices or administers massage to the public at a
Therapeutic Massage Enterprise (as defined below) that is licensed by the City of Golden
Valley, and who can demonstrate to the City that he or she has completed 500 hours of
certified therapeutic massage training with content that includes the subjects of anatomy,
physiology, hygiene, ethics, massage theory and research, and massage practice from an
accredited program or accredited institution. These training hours must be authenticated by
a single provider through a certified copy of the transcript of academic record from the
school issuing the training, degree or diploma. In the event the accredited program or
accredited institution is no longer in existence, in the sole discretion of the City, a certified
copy of the transcript of academic record may be accepted directly from the applicant with
an affidavit stating said transcript of academic record is authentic. The transcript of
academic record must be from a program or institution that was once accredited. The
certified copy of the transcript of academic record must contain the applicant’s name, last
address of the accredited institution at the time of closing, and reflect the 500 hours of
certified therapeutic massage training with content that includes the subjects of anatomy,
physiology, hygiene, ethics, massage theory and research, and massage practice as
required.
Operate. To own, manage or conduct, or to have control, charge or custody over.
Person. Any individual, firm, association, partnership, corporation, joint venture, or
combination of individuals.
Therapeutic Massage Enterprise. An entity which operates a business which hires or
contracts only licensed massage therapists to provide therapeutic massage to the public.
The owner/operator of a therapeutic massage enterprise need not be licensed as a massage
therapist if she or he does not at any time practice or administer massage to the public. A
therapeutic massage enterprise may employ other individuals such as administrative staff,
cosmetologists, and estheticians, and these individuals are not required to have a massage
therapist permit as long as they are not providing therapeutic massage to the public.
3
Sec. 16-233. - License/Permit Required.
a) Therapeutic Massage Enterprise License. It shall be unlawful for any person or
entity to own, operate, engage in, or carry on, within the City, any type of massage
services to the public for consideration without first having obtained a therapeutic
massage enterprise license from the City pursuant to this section. The issuing
authority shall issue therapeutic massage enterprise licenses in such a manner that
the number of therapeutic massage enterprise licenses shall not exceed 6.
b) Massage Therapist Permit. It shall be unlawful for any individual to practice,
administer, or provide massage services to the public for consideration within the
City without first having obtained a massage therapist permit from the City pursuant
to this section.
Sec. 16-234. - Exceptions.
A therapeutic massage enterprise license or massage therapist permit is not required for
the following persons and places:
a) Places licensed and operating as a hospital, nursing home, hospice, sanitarium,
group home, or other health care office, clinic, or facility established for the
hospitalization or care of human beings provided the massage is administered only
to the residents or patients of the facility as part of their care and not provided as a
part of a separate service.
b) Persons performing massage services at places licensed and operating as a hospital,
nursing home, hospice, sanitarium, group home, or other health care office, clinic,
or facility established for the hospitalization or care of human beings provided the
massage is administered only to the residents or patients of the facility as part of
their care and not provided as a part of a separate service.
c) Persons duly licensed as a doctor by this state to practice medicine, surgery,
osteopathy, chiropractic, physical therapy or podiatry, provided the massage is
administered in the regular course of the medical business as it prepares the patient
for a medical procedure or complements a medical procedure previously
performed on the patient and not provided as part of a separate and distinct
massage business. Any duly licensed doctor that offers any form of massage
without a direct link to a medical procedure must obtain a massage license.
d) Persons working under the direction and control of a doctor duly licensed by the
state of Minnesota to practice medicine, surgery, osteopathy, chiropractic, physical
therapy, podiatry, or dentistry, provided the massage is administered on the
premises of the medical business.
e) Places licensed by the State of Minnesota as a “Salon” pursuant to Minnesota Statutes,
section 155A.29, as that section may be amended from time to time provided such places
do not hold themselves out as massage parlors and the massage is administered only as
part of the services of the licensed salon and not as a part of a separate service.
f) Persons duly licensed by this state as estheticians, cosmetologists, nail technicians or
barbers under Minnesota Statutes, chapter 154 and 155A, as those chapters may be
4
amended from time to time, provided such persons do not hold themselves out as
giving massage treatments and provided the massage by estheticians, cosmetologists
and barbers is limited to the head and neck, and the massage by nail technicians is
limited to the hand to elbow and foot to knee.
g) Students of an accredited institution who are performing massage services in the
course of a clinical component of an accredited program of study, provided that the
students are performing the massage services at the location of the accredited
institution, or are performing massage services at a licensed therapeutic massage
enterprise only on owners or staff of the licensed therapeutic massage enterprises,
and not on members of the public.
h) Places that are bona fide health/sports establishments and meet the following criteria:
1) The primary purpose of the establishment is health and fitness;
2) No more than 10% of the establishment revenue is derived from massage;
3) The financial records of the establishment are available to the City for inspection
upon request;
4) The establishment has ongoing membership which list is available to the City for
inspection upon request.
i) Persons performing massage services at a bona fide health/sports establishment meeting
the criteria set forth in paragraph H above.
j) Athletic trainers certified by the National Association of Athletic Trainers (NAAT)
when working with amateur, semiprofessional or professional athletes or athletic teams.
k) Persons providing “chair massage” are not required to obtain a therapeutic massage
enterprise license or a massage therapist permit if the following requirements are met:
1) The massage is provided in a place of business where the massage can easily be
seen by any employee or visitor on the premises;
2) The location does not hold a license to sell alcoholic beverages;
3) Each recipient of a massage remains in an upright position, either sitting or
standing; and
4) Each recipient of a massage remains in the normal, daytime attire work when
entering the business and does not remove any clothing except outerwear, such as a
coat or jacket.
l) Persons who are granted a Temporary Massage Therapist Permit pursuant to section
16-235 herein.
Sec. 16-235. - Temporary Massage Therapist Permit for Hospice
a) Temporary Permit Conditions. The City shall issue a temporary massage therapist
permit to persons working under the direction and control of a doctor duly
licensed by the state of Minnesota to practice medicine, surgery, osteopathy,
5
chiropractic, physical therapy, podiatry, or dentistry, to administer massage in the
patient’s residence provided all of the following conditions are met:
1) The care is being provided as “hospice care” or “hospice services” to a
“hospice patient,” as those terms are defined by Minnesota Statutes, section
144A.75 administered by a hospice provider duly licensed by the state of
Minnesota;
2) The applicant meets the definition of massage therapist in section 16-232 of
this article; and
3) The applicant is not ineligible for a permit under section 16-239(b) of this
article.
4) The care is being provided at the residence of the hospice patient.
b) Scope and Duration of Permit. A temporary massage therapist permit is only valid
for hospice care provided at the address and to the patient identified in the
temporary permit application. Temporary permits shall be effective for a
maximum of three months, shall not expire on December 31 of each year, and may
be renewed up to three times in one calendar year.
c) Verification and Consideration
1) Background Investigation. The issuing authority is empowered to conduct any
and all investigations she or he deems necessary to verify the information on all
temporary massage therapist permit applications, including ordering a criminal
history inquiry, background check, and a driver’s license history inquiry on the
applicant.
2) Insurance. Applicants must have current insurance coverage of $1,000,000 per
occurrence, on an occurrence basis, for professional liability in the practice of
massage.
Upon completion of review of the application and the background investigation, the issuing
authority shall approve or deny the temporary permit.
Sec. 16-236. - License/Permit Applications. All applications, including initial
applications and renewals, for therapeutic massage enterprise licenses and massage
therapist permits, including temporary permits, shall be made on forms prescribed by the
issuing authority. Application forms shall be fully completed and accompanied by all
requested supporting documentation and fees.
Sec. 16-237. - Terms, License/Permit Fees, Renewal
a) Terms of Licenses and Permits. The maximum term of a therapeutic massage
enterprise license is one year from the date of issuance, and all massage enterprise
licenses shall expire on December 31 of the year of issuance. The maximum term
of a massage therapist permit, other than a temporary massage therapist permit, is
one year from the date of issuance. All massage therapist permits, other than
temporary massage therapist permits, shall expire December 31 of the year of
issuance.
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b) License fees. License fees, investigation fees, and late fees are set forth in the City’s
Master Fee Schedule. No investigation fee shall be refunded. When a license is
issued for less than a 12 month term, the license fee shall be pro-rated, with any
unexpired fraction of a month being counted as one month.
c) Renewal of licenses. An application for renewal of an enterprise or individual
license shall be made in the same manner as the original application.
Sec. 16-238. - License/Permit Application Verification and Consideration.
a) Therapeutic Massage Enterprise License.
1) Background Investigation. All therapeutic massage enterprise license applications
shall be referred to the issuing authority and such other City departments as the
City Manager, or his/her designee, shall deem necessary for verification and
investigation of the facts set forth in the application. The issuing authority is
empowered to conduct any and all investigations to verify the information on the
application, including ordering a criminal history inquiry and a driver’s license
history inquiry on the applicant. The issuing authority and Police Department are
authorized to access data maintained in the Minnesota Bureau of Criminal
Apprehensions Computerized Criminal History Information system in accordance
with BCA policy, as well as any additional investigation, including but not
limited to contacting other state agencies. In addition, all applications must
include results of comprehensive national criminal background checks from a
background investigative provider approved by the City for all massage therapists
performing massage therapy at the therapeutic massage enterprise location. The
national criminal background check is to be obtained and paid for by the
therapeutic massage enterprise licensee upon signed release from massage
therapists.
2) Insurance. Applicants must have current insurance coverage of 1,000,000 per
occurrence $2,000,000 annual aggregate, for commercial general liability on an
occurrence basis. The policy shall cover liability arising from premises, operations,
personal injury, advertising injury, and contractually assumed liability. The City shall
be named as additional insured.
Upon completion of review of the application and the background investigation the
issuing authority shall present all therapeutic massage enterprise license applications
and relevant supporting documentation, along with the issuing authority’s
recommendation, to the City Council for approval or denial of the license.
b) Massage Therapist Permit.
1) Background Investigation. The issuing authority is empowered to conduct any
and all investigations to verify the information on all massage therapist permit
applications, including ordering a criminal history inquiry, background check,
and a driver’s license history inquiry on the applicant. The issuing authority is
empowered to conduct any and all investigations to verify the information on the
application, including ordering a criminal history inquiry and a driver’s license
history inquiry on the applicant. The issuing authority and Police Department are
authorized to access data maintained in the Minnesota Bureau of Criminal
Apprehensions Computerized Criminal History Information system in accordance
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with BCA policy, as well as any additional investigation, including but not
limited to contacting other state agencies.
2) Insurance. Applicants must have current insurance coverage of $1,000,000 per
occurrence, on an occurrence basis, for professional liability in the practice of
massage.
Upon completion of review of the application and the background investigation, the issuing
authority shall approve or deny the permit.
Sec. 16-239. - Persons Ineligible for License.
a) Therapeutic massage enterprise license. No therapeutic massage enterprise license
shall be issued to an establishment that:
1) Is owned by one or more persons who are not 18 years of age or older at the time
the application is submitted;
2) Is owned by one or more persons that has been convicted of any crime directly
related to the occupation licensed as prescribed by Minnesota Statutes 364.03,
subdivisions 1–2, as they may be amended from time to time, and who has not
shown competent evidence of sufficient rehabilitation and present fitness to
perform the duties and responsibilities of a licensee as prescribed by
Minnesota Statutes 364.03, subdivision 3, as it may be amended from time to
time;
3) Has had an interest in, as an individual or as part of a corporation, partnership,
association, enterprise, business or firm, a therapeutic massage enterprise license
that was denied, revoked or suspended within the last five years of the date the
license application is submitted to the City;
4) Has had a massage therapist permit denied, revoked, suspended or not renewed
within the last five years of the date the permit application is submitted;
5) Is not of good moral character or repute;
6) Has been subject to disciplinary action under Minnesota Statutes, chapter 146A or is
owned by one or more persons who has been subject to any such disciplinary action;
7) Is not the real party in interest of the enterprise;
8) Has knowingly misrepresented or falsified information on a license application at
any time; or
9) Cannot meet the definition of therapeutic massage enterprise in section 16-232 of
this article.
b) Massage Therapist Permit. No massage therapist permit shall be issued to a person
who:
1) Is not 18 years of age or older at the time the application is submitted;
2) Has been convicted of any crime directly related to the occupation licensed as
prescribed by Minnesota Statutes 364.03, subdivisions 1–2, as they may be
amended from time to time, and who has not shown competent evidence of
sufficient rehabilitation and present fitness to perform the duties and
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responsibilities of a licensee as prescribed by Minnesota Statutes 364.03,
subdivision 3, as it may be amended from time to time;
3) Has had an interest in a corporation, partnership, association, enterprise,
business or firm, a therapeutic massage enterprise license that was denied,
revoked, suspended or not renewed within the last five years of the date the
permit application is submitted;
4) Has had a massage therapist permit denied, revoked, suspended or not renewed
within the last five years of the date the permit application is submitted;
5) Is not of good moral character or repute;
6) Has been subject to disciplinary action under Minnesota Statutes, chapter 146A;
7) Has knowingly misrepresented or falsified information on a license or
permit application at any time; or
8) Cannot meet the definition of massage therapist in section 16-232 of this article.
Sec. 16-240. - Locations Ineligible for Therapeutic Massage Enterprise License.
a) Delinquent Taxes. No therapeutic massage enterprise shall be licensed if such
enterprise is located on property in which taxes, assessments, or other financial
claims to the state, county, school district, or City are due and delinquent. In the
event a suit has been commenced under Minnesota Statutes, sections 278.01 through
278.13 questioning the amount or validity of taxes, the City Manager may on
application waive strict compliance with this provision; no waiver may be granted,
however, for taxes or any portion thereof, which remain unpaid for a period
exceeding one year after becoming due.
b) Zoning. No therapeutic massage enterprise shall be licensed if the location of such
enterprise is not in conformance with any provision of this article or with Chapter
113 of this Code unless such enterprise is a legal, nonconforming use.
c) Building. Fire, and Code Compliance Violations. No therapeutic massage
enterprise shall be licensed if the location of such enterprise is not in
compliance with State Building and Fire Codes, or any other City or State safety
and sanitary requirements.
d) If the massage therapist permit of two or more massage therapists employed by a
therapeutic massage enterprise have been revoked within a twelve month period, the
location’s therapeutic massage enterprise license shall be revoked and a therapeutic
massage enterprise license may not be issued or renewed for that location for the 12
months following the revocation of the second massage therapist permit.
Sec. 16-241. - License/Permit Restrictions.
a) Posting of licenses and Permits. All therapeutic massage enterprise licenses issued
must be posted in a conspicuous place on the premises for which they are used. A
person holding a massage therapist permit shall have the permit readily available at all
times that therapeutic massage services are rendered.
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b) Licensed premises. A therapeutic massage enterprise license is only effective for the
compact and contiguous space specified in the approved license application. If the
licensed premises is enlarged, altered or extended, or if the licensee moves to a new
location during the term of the license, the licensee shall inform the issuing authority
in advance. It shall be the continuing duty of each licensee to inform the issuing
authority in advance of any change in the information or facts required to be
furnished on the application for license and failure to comply with this section shall
constitute cause for revocation, suspension or non-renewal of such license.
c) Off-Site Services Prohibited. Except as otherwise provided herein, a massage
therapist permit shall entitle the permitted therapist to perform massage only at a
licensed therapeutic massage enterprise or, in the case of a temporary permit, at the
residence of the hospice patient identified on the temporary permit application.
d) Transfer of License Prohibited. Licenses issued are for the person or premises
named on the approved license application. No transfer of a license shall be
permitted from place to place or from person to person.
e) Employment of Unpermitted Massage Therapists Prohibited. No therapeutic
massage enterprise shall employ or contract any person to perform massage
services who is not permitted as a massage therapist under this section, unless the
person is specifically exempted from obtaining a massage therapist permit in
section 16-234 of this article.
f) Coverage of Genitals during Massage. The licensee shall require that the person
who is receiving the massage shall completely cover at all times genitals and
breasts with non-transparent material or clothing.
g) Massage Therapist Dress/Uniform Requirements. Any massage therapist performing
massage shall at all times be fully clothed and professionally dressed.
h) Effect of License/Permit Suspension or Revocation. No licensee or permittee shall
solicit business, offer to perform massage services, or perform massage services
while under license suspension or revocation by the City.
i) Massage of Certain Body Parts Prohibited. At no time shall the massage therapist
intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva,
vaginal area or breasts of a person.
j) Restrictions Regarding Hours of Operation. No therapeutic massage enterprise
shall be open for business, nor shall any massage therapist offer massage services,
before 7:00 a.m. or after 10:00 p.m. any day of the week. No customers or patrons
shall be allowed to remain upon the licensed premises after 10:00 p.m. and before
7:00 a.m. daily. Support activities such as cleaning, maintenance and bookkeeping
are allowed outside of business hours.
k) Inspections. In light of the high risk of involvement with illegal conduct an
establishment providing massage therapy poses to the general public, the issuing
authority, City inspectors and the City Police Department shall have the right to
enter and inspect the licensed premises during the hours in which the licensed
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premises is open for business to ensure compliance with all provisions of this Code.
With reasonable notice, the business records of the licensee, including income tax
returns, shall be available for inspection during the hours in which the licensed
premises is open for business.
l) Posting of rates. A licensed therapeutic massage enterprise must post its rates for
service in a prominent place in the entrance or lobby of the business.
m) Illegal activities. In addition to the license restrictions set forth in this section, any
advertising by a licensee or representative of licensee of any unlawful, misleading
or erotic conduct at the licensed establishment shall be prohibited. A licensee shall
be strictly responsible for the conduct of the business, including the conduct of all
of its employees and agents while on the licensed premises or conducting business
on behalf of the licensee, and shall ensure that the business is operated in
compliance with all applicable laws and ordinances.
n) Restrictions involving minors. No person under the age of 18 shall be permitted at
any time to be in or on the licensed premises as a customer, guest, or employee,
unless accompanied by her or his parent or guardian, and persons under the age of 18
must be with their parent or guardian at all times while on the premises.
o) Food preparation. Food preparation on site shall only occur in locations
specifically designed for that purpose and with proper building permits having
been obtained. Food preparation is limited to use for employees during breaks
during their regular shift.
p) Habitation. A licensed therapeutic massage enterprise shall not contain sleeping
quarters or living spaces of any kind intended for habitation, including but not limited
to beds, cots, or mattresses.
q) Alcoholic beverages. In compliance with Minn. Stat. § 340A.401, no person may
directly or indirectly, on any pretense or by any device, sell, consume, barter, keep
for sale, charge for possession or otherwise dispose of alcoholic beverages onsite.
Intoxicating alcoholic beverages does not include alcohol used in direct conjunction
with massage therapy such as in cleaning.
Sec. 16-242. - Restrictions Regarding Sanitation, Health, and Safety.
a) Restroom Requirements. A licensed therapeutic massage enterprise shall be equipped
with adequate and conveniently located restrooms for the accommodation of its
employees and patrons. The restroom shall be well ventilated by natural or mechanical
methods and be enclosed with a door. The restroom shall be kept clean and in good
repair and shall be adequately lighted.
b) Paper/Linen Requirements. A licensed therapeutic massage enterprise shall provide
single-service disposal paper or clean linens to cover the massage therapy table or chair
on which the patron receives the massage; or in the alternative, if the massage therapy
table or chair on which the patron receives the massage is made of material impervious
to moisture, such massage therapy table, chair shall be properly sanitized after each
massage.
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c) Washing of Hands Required. The permitted massage therapist shall wash his or her
hands and arms with water and soap, anti-bacterial scrubs, alcohol, or other
disinfectants prior to and following each massage service performed.
d) Door Latches and Locks. Doors on massage therapy rooms shall not be locked or be
capable of being locked. Locks, latches or other devices intended to secure a door so as to
prevent it from being opened by any person from either side of the door with or without a
key cannot be present on any doors of rooms intended or used for massage therapy.
Sec. 16-243. - Sanctions for Violations.
a) Suspension or Revocation. The City Council, in the case of licenses, or the issuing
authority, in the case of permits, may suspend, revoke, or refuse to renew a license or
permit issued pursuant to this section for any of the following:
1) A violation related to fraud, misrepresentation, or false statement contained
in a license application or a renewal application.
2) A violation related to fraud, misrepresentation, or false statement made in the
course of carrying on the licensed occupation or business.
3) Any violation of this section of the Code or state law.
4) A violation by any licensee or permittee that is directly related to the occupation
or business licensed as defined by Minnesota Statutes 364.03, subdivision 2.
5) Conducting the licensed business or occupation in an unlawful manner or in such
a manner as to constitute a breach of the peace or to constitute a menace to the
health, safety, or general welfare of the public, or after repeated complaints
received regarding conduct of business practices or method of solicitation.
6) If the owner, manager, lessee or any of the employees are found to be in control
or possession of an alcoholic beverage, a narcotic drug or controlled substance on
the premises, other than drugs which may be purchased over the counter without a
prescription or those for which the individual has a prescription.
7) If the holder of a therapeutic massage enterprise license fails to maintain with the
City a current list of all employees of such licensed premises. The list shall
include all massage therapists permitted under this section.
8) Neither the charging of a criminal violation nor a criminal conviction is required
in order for the City to suspend, revoke, or refuse to renew a license. In the event
of multiple therapeutic massage enterprise locations, any license suspension or
revocation shall apply to any and all therapeutic massage enterprise locations in
the City.
b) Effective Date of Revocation or Suspension. Revocation or suspension shall be
effective upon written notice thereof to the licensee or permittee. Notice shall be
provided by personal delivery to the licensee or permittee, or by any manner
permitted for the service of process under the Minnesota Rules of Civil Procedure for
the District Courts.
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c) Appeal Process. A licensee or permittee may appeal a license or permit suspension,
revocation, denial or non-renewal to a hearing officer in an administrative hearing as
provided for in section 2-4 of the Code.
d) Penalties. Any person or entity violating the provisions of this section is guilty of a
misdemeanor under Minnesota law and shall be punished by a fine or by
imprisonment, or both. Each violation shall constitute a separate offense. Conviction
of violation of this article, while not required, may be grounds for the suspension or
revocation of any license issued under this section.
e) Ability to Reapply after Revocation. The holder of a therapeutic massage enterprise
license or massage therapist permit may not reapply for a new license or permit for a
period of five years if their license is revoked hereunder.
f) Ability to Reapply after Denial. The applicant for a therapeutic massage enterprise
license or massage therapist permit may not reapply for a license for a period of five
years if the applicant’s license or permit has previously been denied by the City or
another governmental entity for any reason.
g) Previous License or Permit Infractions. In the event there is a license or permit
infraction or a pending citation involving a licensed establishment or a permitted
massage therapist, the City may, at its option, chose to not to take action on any license
or renewal application until such infraction or pending citation has been resolved.
ORDINANCE NO. 656
AN ORDINANCE AMENDING THE CITY CODE
Repealing in its Entirety Article VIII. Massage Parlors, Sauna, and Other
Adult-Oriented Services And Adding a New Article VIII. Therapeutic Massage Licensing,
Permitting and Regulations
The City Council of the City of Golden Valley ordains as follows:
Section 1. City Code, Article VIII entitled “Massage Parlors, Sauna, and Other
Adult-Oriented Services” is hereby repealed in its entirety.
Section 2. City Code, Article VIII is hereby amended by adding a new Article VIII.
Therapeutic Massage Licensing, Permitting and Regulations reading as follows:
ARTICLE VIII. THERAPEUTIC MASSAGE LICENSING, PERMITTING &
REGULATION
Sec. 16-230. - Purpose.
The purpose of this section of the City Code is to prohibit massage businesses and
services to the public except those licensed as therapeutic massage enterprises or
permitted massage therapists or otherwise exempted from licensing and permitting
requirements pursuant to this section. The licensing regulations prescribed herein are
necessary in order to protect businesses that are operating legitimate enterprises, to
prevent criminal activity and to protect the health and welfare of the community. The
purpose of this section is not to impose restrictions or limitations on the freedom of
protected speech or expression.
Sec. 16-231. - Findings of the City Council.
The City Council makes the following findings regarding the need to license therapeutic
massage enterprises and permit therapists and to prohibit all other types of massage
businesses and services to the public:
a) Persons who have bona fide and standardized training in therapeutic massage,
health, and hygiene can provide a legitimate and necessary service to the general
public.
b) Health and sanitation regulations governing therapeutic massage enterprises and
therapists can minimize the risk of the spread of communicable diseases and can
promote overall health and sanitation.
c) License and permit qualifications for the restrictions on therapeutic massage
enterprises and therapists can minimize the risk of the spread of communicable
diseases and can promote overall health and sanitation.
d) Massage services provided by persons with no specialized and standardized
training in massage can endanger citizens by facilitating the spread of
communicable diseases, by exposing citizens to unhealthy and unsanitary
conditions, and by increasing the risk of personal injury.
Ordinance No. 656 -2- March 5, 2019
e) Massage businesses which employ persons with no specialized and standardized
training can tax City law enforcement services because such businesses are more
likely to be used as fronts for prostitution and other criminal activity than
operations established by persons with standardized training.
f) The training of professional massage therapists at accredited institutions is an
important means of ensuring the fullest measure of protecting the public health,
safety, and welfare.
Sec. 16-232. - Definitions.
The following words and terms when used in this section shall have the following
meanings unless the context clearly indicates otherwise:
Accredited Institution. An educational institution holding accredited status with the United
States Department of Education or Minnesota Office of Higher Education.
Accredited Program. A professional massage program accredited by the Commission on
Massage Therapy Accreditation (COMTA) or the National Accrediting Commission of
Career Arts and Sciences (NACCAS).
Clean. The absence of dirt, grease, rubbish, garbage and other offensive, unsightly or
extraneous matter.
Good Repair. Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear,
leaks, obstructions, and similar defects so as to constitute a good and sound condition.
Issuing Authority. The City Manager, or his/her designee.
Massage. Any method of pressure on, or friction against, or the rubbing, stroking,
kneading, tapping, pounding, vibrating, stimulating, or rolling of the external parts of the
human body with the hands or with the aid of any mechanical or electrical apparatus, or
other appliances or devices, with or without such supplementary aids as rubbing alcohol,
liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations.
Massage Therapist. An individual who practices or administers massage to the public at
a Therapeutic Massage Enterprise (as defined below) that is licensed by the City of
Golden Valley, and who can demonstrate to the City that he or she has completed 500
hours of certified therapeutic massage training with content that includes the subjects of
anatomy, physiology, hygiene, ethics, massage theory and research, and massage
practice from an accredited program or accredited institution. These training hours must
be authenticated by a single provider through a certified copy of the transcript of
academic record from the school issuing the training, degree or diploma. In the event
the accredited program or accredited institution is no longer in existence, in the sole
discretion of the City, a certified copy of the transcript of academic record may be
accepted directly from the applicant with an affidavit stating said transcript of academic
record is authentic. The transcript of academic record must be from a program or
institution that was once accredited. The certified copy of the transcript of academic
record must contain the applicant’s name, last address of the accredited institution at
Ordinance No. 656 -3- March 5, 2019
the time of closing, and reflect the 500 hours of certified therapeutic massage training
with content that includes the subjects of anatomy, physiology, hygiene, ethics,
massage theory and research, and massage practice as required.
Operate. To own, manage or conduct, or to have control, charge or custody over.
Person. Any individual, firm, association, partnership, corporation, joint venture, or
combination of individuals.
Therapeutic Massage Enterprise. An entity which operates a business which hires or
contracts only licensed massage therapists to provide therapeutic massage to the public.
The owner/operator of a therapeutic massage enterprise need not be licensed as a
massage therapist if she or he does not at any time practice or administer massage to
the public. A therapeutic massage enterprise may employ other individuals such as
administrative staff, cosmetologists, and estheticians, and these individuals are not
required to have a massage therapist permit as long as they are not providing
therapeutic massage to the public.
Sec. 16-233. - License/Permit Required.
a) Therapeutic Massage Enterprise License. It shall be unlawful for any person or
entity to own, operate, engage in, or carry on, within the City, any type of
massage services to the public for consideration without first having obtained a
therapeutic massage enterprise license from the City pursuant to this section.
The issuing authority shall issue therapeutic massage enterprise licenses in such
a manner that the number of therapeutic massage enterprise licenses shall not
exceed 6.
b) Massage Therapist Permit. It shall be unlawful for any individual to practice,
administer, or provide massage services to the public for consideration within the
City without first having obtained a massage therapist permit from the City
pursuant to this section.
Sec. 16-234. - Exceptions.
A therapeutic massage enterprise license or massage therapist permit is not required for
the following persons and places:
a) Places licensed and operating as a hospital, nursing home, hospice, sanitarium,
group home, or other health care office, clinic, or facility established for the
hospitalization or care of human beings provided the massage is administered
only to the residents or patients of the facility as part of their care and not provided
as a part of a separate service.
b) Persons performing massage services at places licensed and operating as a
hospital, nursing home, hospice, sanitarium, group home, or other health care
office, clinic, or facility established for the hospitalization or care of human beings
provided the massage is administered only to the residents or patients of the
facility as part of their care and not provided as a part of a separate service.
Ordinance No. 656 -4- March 5, 2019
c) Persons duly licensed as a doctor by this state to practice medicine, surgery,
osteopathy, chiropractic, physical therapy or podiatry, provided the massage is
administered in the regular course of the medical business as it prepares the
patient for a medical procedure or complements a medical procedure previously
performed on the patient and not provided as part of a separate and distinct
massage business. Any duly licensed doctor that offers any form of massage
without a direct link to a medical procedure must obtain a massage license.
d) Persons working under the direction and control of a doctor duly licensed by the
State of Minnesota to practice medicine, surgery, osteopathy, chiropractic,
physical therapy, podiatry, or dentistry, provided the massage is administered on
the premises of the medical business.
e) Places licensed by the State of Minnesota as a “Salon” pursuant to Minn. Stats. §
155A.29, as that section may be amended from time to time provided such places do
not hold themselves out as massage parlors and the massage is administered only as
part of the services of the licensed salon and not as a part of a separate service.
f) Persons duly licensed by this state as estheticians, cosmetologists, nail
technicians or barbers under Minn. Stats ch. 154 and 155A, as those chapters
may be amended from time to time, provided such persons do not hold
themselves out as giving massage treatments and provided the massage by
estheticians, cosmetologists and barbers is limited to the head and neck, and the
massage by nail technicians is limited to the hand to elbow and foot to knee.
g) Students of an accredited institution who are performing massage services in the
course of a clinical component of an accredited program of study, provided that
the students are performing the massage services at the location of the accredited
institution, or are performing massage services at a licensed therapeutic massage
enterprise only on owners or staff of the licensed therapeutic massage
enterprises, and not on members of the public.
h) Places that are bona fide health/sports establishments and meet the following criteria:
1) The primary purpose of the establishment is health and fitness;
2) No more than 10% of the establishment revenue is derived from massage;
3) The financial records of the establishment are available to the City for inspection
upon request;
4) The establishment has ongoing membership which list is available to the City for
inspection upon request.
i) Persons performing massage services at a bona fide health/sports establishment
meeting the criteria set forth in paragraph H above.
j) Athletic trainers certified by the National Association of Athletic Trainers (NAAT) when
working with amateur, semiprofessional or professional athletes or athletic teams.
Ordinance No. 656 -5- March 5, 2019
k) Persons providing “chair massage” are not required to obtain a therapeutic massage
enterprise license or a massage therapist permit if the following requirements are
met:
1) The massage is provided in a place of business where the massage can easily be
seen by any employee or visitor on the premises;
2) The location does not hold a license to sell alcoholic beverages;
3) Each recipient of a massage remains in an upright position, either sitting or
standing; and
4) Each recipient of a massage remains in the normal, daytime attire work when
entering the business and does not remove any clothing except outerwear, such
as a coat or jacket.
l) Persons who are granted a Temporary Massage Therapist Permit pursuant to section
16-235 herein.
Sec. 16-235. - Temporary Massage Therapist Permit for Hospice
a) Temporary Permit Conditions. The City shall issue a temporary massage therapist
permit to persons working under the direction and control of a doctor duly licensed
by the State of Minnesota to practice medicine, surgery, osteopathy, chiropractic,
physical therapy, podiatry, or dentistry, to administer massage in the patient’s
residence provided all of the following conditions are met:
1) The care is being provided as “hospice care” or “hospice services” to a
“hospice patient,” as those terms are defined by Minn. Stats § 144A.75
administered by a hospice provider duly licensed by the State of Minnesota;
2) The applicant meets the definition of massage therapist in section 16-232 of
this article; and
3) The applicant is not ineligible for a permit under section 16-239(b) of this
article.
4) The care is being provided at the residence of the hospice patient.
b) Scope and Duration of Permit. A temporary massage therapist permit is only
valid for hospice care provided at the address and to the patient identified in the
temporary permit application. Temporary permits shall be effective for a
maximum of three months, shall not expire on December 31 of each year, and
may be renewed up to three times in one calendar year.
c) Verification and Consideration
1) Background Investigation. The issuing authority is empowered to conduct any
and all investigations she or he deems necessary to verify the information on
all temporary massage therapist permit applications, including ordering a
criminal history inquiry, background check, and a driver’s license history inquiry
on the applicant.
Ordinance No. 656 -6- March 5, 2019
2) Insurance. Applicants must have current insurance coverage of $1,000,000 per
occurrence, on an occurrence basis, for professional liability in the practice of
massage.
Upon completion of review of the application and the background investigation, the
issuing authority shall approve or deny the temporary permit.
Sec. 16-236. - License/Permit Applications. All applications, including initial
applications and renewals, for therapeutic massage enterprise licenses and massage
therapist permits, including temporary permits, shall be made on forms prescribed by the
issuing authority. Application forms shall be fully completed and accompanied by all
requested supporting documentation and fees.
Sec. 16-237. - Terms, License/Permit Fees, Renewal
a) Terms of Licenses and Permits. The maximum term of a therapeutic massage
enterprise license is one year from the date of issuance, and all massage
enterprise licenses shall expire on December 31 of the year of issuance. The
maximum term of a massage therapist permit, other than a temporary massage
therapist permit, is one year from the date of issuance. All massage therapist
permits, other than temporary massage therapist permits, shall expire December
31 of the year of issuance.
b) License fees. License fees, investigation fees, and late fees are set forth in the
City’s Master Fee Schedule. No investigation fee shall be refunded. When a
license is issued for less than a 12 month term, the license fee shall be pro-rated,
with any unexpired fraction of a month being counted as one month.
c) Renewal of licenses. An application for renewal of an enterprise or individual
license shall be made in the same manner as the original application.
Sec. 16-238. - License/Permit Application Verification and Consideration.
a) Therapeutic Massage Enterprise License.
1) Background Investigation. All therapeutic massage enterprise license
applications shall be referred to the issuing authority and such other City
departments as the City Manager, or his/her designee, shall deem necessary
for verification and investigation of the facts set forth in the application. The
issuing authority is empowered to conduct any and all investigations to verify
the information on the application, including ordering a criminal history inquiry
and a driver’s license history inquiry on the applicant. The issuing authority and
Police Department are authorized to access data maintained in the Minnesota
Bureau of Criminal Apprehensions Computerized Criminal History Information
system in accordance with BCA policy, as well as any additional investigation,
including but not limited to contacting other state agencies. In addition, all
applications must include results of comprehensive national criminal
background checks from a background investigative provider approved by the
City for all massage therapists performing massage therapy at the therapeutic
massage enterprise location. The national criminal background check is to be
Ordinance No. 656 -7- March 5, 2019
obtained and paid for by the therapeutic massage enterprise licensee upon
signed release from massage therapists.
2) Insurance. Applicants must have current insurance coverage of 1,000,000 per
occurrence $2,000,000 annual aggregate, for commercial general liability on an
occurrence basis. The policy shall cover liability arising from premises, operations,
personal injury, advertising injury, and contractually assumed liability. The City
shall be named as additional insured.
Upon completion of review of the application and the background investigation the
issuing authority shall present all therapeutic massage enterprise license
applications and relevant supporting documentation, along with the issuing
authority’s recommendation, to the City Council for approval or denial of the
license.
b) Massage Therapist Permit.
1) Background Investigation. The issuing authority is empowered to conduct any
and all investigations to verify the information on all massage therapist permit
applications, including ordering a criminal history inquiry, background check,
and a driver’s license history inquiry on the applicant. The issuing authority is
empowered to conduct any and all investigations to verify the information on
the application, including ordering a criminal history inquiry and a driver’s
license history inquiry on the applicant. The issuing authority and Police
Department are authorized to access data maintained in the Minnesota Bureau
of Criminal Apprehensions Computerized Criminal History Information system
in accordance with BCA policy, as well as any additional investigation,
including but not limited to contacting other state agencies.
2) Insurance. Applicants must have current insurance coverage of $1,000,000 per
occurrence, on an occurrence basis, for professional liability in the practice of
massage.
Upon completion of review of the application and the background investigation, the
issuing authority shall approve or deny the permit.
Sec. 16-239. - Persons Ineligible for License.
a) Therapeutic massage enterprise license. No therapeutic massage enterprise license
shall be issued to an establishment that:
1) Is owned by one or more persons who are not 18 years of age or older at the
time the application is submitted;
2) Is owned by one or more persons that has been convicted of any crime directly
related to the occupation licensed as prescribed by Minn. Stat § 364.03, subd.
1–2, as they may be amended from time to time, and who has not shown
competent evidence of sufficient rehabilitation and present fitness to perform
the duties and responsibilities of a licensee as prescribed by Minn. Stat §
364.03, subd. 3, as it may be amended from time to time;
Ordinance No. 656 -8- March 5, 2019
3) Has had an interest in, as an individual or as part of a corporation, partnership,
association, enterprise, business or firm, a therapeutic massage enterprise
license that was denied, revoked or suspended within the last five years of the
date the license application is submitted to the City;
4) Has had a massage therapist permit denied, revoked, suspended or not
renewed within the last five years of the date the permit application is
submitted;
5) Is not of good moral character or repute;
6) Has been subject to disciplinary action under Minn. Stats, ch. 146A or is owned by
one or more persons who has been subject to any such disciplinary action;
7) Is not the real party in interest of the enterprise;
8) Has knowingly misrepresented or falsified information on a license application
at any time; or
9) Cannot meet the definition of therapeutic massage enterprise in section 16-232
of this article.
b) Massage Therapist Permit. No massage therapist permit shall be issued to a
person who:
1) Is not 18 years of age or older at the time the application is submitted;
2) Has been convicted of any crime directly related to the occupation licensed as
prescribed by Minn. Stats. § 364.03, subd. 1–2, as they may be amended from
time to time, and who has not shown competent evidence of sufficient
rehabilitation and present fitness to perform the duties and responsibilities of a
licensee as prescribed by Minn. Stats. § 364.03, subd. 3, as it may be amended
from time to time;
3) Has had an interest in a corporation, partnership, association, enterprise,
business or firm, a therapeutic massage enterprise license that was denied,
revoked, suspended or not renewed within the last five years of the date the
permit application is submitted;
4) Has had a massage therapist permit denied, revoked, suspended or not
renewed within the last five years of the date the permit application is
submitted;
5) Is not of good moral character or repute;
6) Has been subject to disciplinary action under Minn. Stats. ch. 146A;
7) Has knowingly misrepresented or falsified information on a license or permit
application at any time; or
8) Cannot meet the definition of massage therapist in section 16-232 of this
article.
Ordinance No. 656 -9- March 5, 2019
Sec. 16-240. - Locations Ineligible for Therapeutic Massage Enterprise License.
a) Delinquent Taxes. No therapeutic massage enterprise shall be licensed if such
enterprise is located on property in which taxes, assessments, or other financial
claims to the state, county, school district, or City are due and delinquent. In the
event a suit has been commenced under Minn. Stats. § 278.01 through 278.13
questioning the amount or validity of taxes, the City Manager may on application
waive strict compliance with this provision; no waiver may be granted, however, for
taxes or any portion thereof, which remain unpaid for a period exceeding one year
after becoming due.
b) Zoning. No therapeutic massage enterprise shall be licensed if the location of such
enterprise is not in conformance with any provision of this article or with Chapter
113 of this Code unless such enterprise is a legal, nonconforming use.
c) Building. Fire, and Code Compliance Violations. No therapeutic massage enterprise
shall be licensed if the location of such enterprise is not in compliance with State
Building and Fire Codes, or any other City or State safety and sanitary
requirements.
d) If the massage therapist permit of two or more massage therapists employed by a
therapeutic massage enterprise have been revoked within a twelve month period,
the location’s therapeutic massage enterprise license shall be revoked and a
therapeutic massage enterprise license may not be issued or renewed for that
location for the 12 months following the revocation of the second massage
therapist permit.
Sec. 16-241. - License/Permit Restrictions.
a) Posting of licenses and Permits. All therapeutic massage enterprise licenses
issued must be posted in a conspicuous place on the premises for which they are
used. A person holding a massage therapist permit shall have the permit readily
available at all times that therapeutic massage services are rendered.
b) Licensed premises. A therapeutic massage enterprise license is only effective for
the compact and contiguous space specified in the approved license application.
If the licensed premises is enlarged, altered or extended, or if the licensee moves
to a new location during the term of the license, the licensee shall inform the
issuing authority in advance. It shall be the continuing duty of each licensee to
inform the issuing authority in advance of any change in the information or facts
required to be furnished on the application for license and failure to comply with
this section shall constitute cause for revocation, suspension or non-renewal of
such license.
c) Off-Site Services Prohibited. Except as otherwise provided herein, a massage
therapist permit shall entitle the permitted therapist to perform massage only at a
licensed therapeutic massage enterprise or, in the case of a temporary permit, at
the residence of the hospice patient identified on the temporary permit
application.
Ordinance No. 656 -10- March 5, 2019
d) Transfer of License Prohibited. Licenses issued are for the person or premises
named on the approved license application. No transfer of a license shall be
permitted from place to place or from person to person.
e) Employment of Unpermitted Massage Therapists Prohibited. No therapeutic
massage enterprise shall employ or contract any person to perform massage
services who is not permitted as a massage therapist under this section, unless
the person is specifically exempted from obtaining a massage therapist permit in
section 16-234 of this article.
f) Coverage of Genitals during Massage. The licensee shall require that the person
who is receiving the massage shall completely cover at all times genitals and
breasts with non-transparent material or clothing.
g) Massage Therapist Dress/Uniform Requirements. Any massage therapist
performing massage shall at all times be fully clothed and professionally dressed.
h) Effect of License/Permit Suspension or Revocation. No licensee or permittee shall
solicit business, offer to perform massage services, or perform massage services
while under license suspension or revocation by the City.
i) Massage of Certain Body Parts Prohibited. At no time shall the massage therapist
intentionally massage or offer to massage the penis, scrotum, mons veneris,
vulva, vaginal area or breasts of a person.
j) Restrictions Regarding Hours of Operation. No therapeutic massage enterprise
shall be open for business, nor shall any massage therapist offer massage
services, before 7:00 a.m. or after 10:00 p.m. any day of the week. No customers
or patrons shall be allowed to remain upon the licensed premises after 10:00 p.m.
and before 7:00 a.m. daily. Support activities such as cleaning, maintenance and
bookkeeping are allowed outside of business hours.
k) Inspections. In light of the high risk of involvement with illegal conduct an
establishment providing massage therapy poses to the general public, the
issuing authority, City inspectors and the City Police Department shall have the
right to enter and inspect the licensed premises during the hours in which the
licensed premises is open for business to ensure compliance with all provisions
of this Code. With reasonable notice, the business records of the licensee,
including income tax returns, shall be available for inspection during the hours in
which the licensed premises is open for business.
l) Posting of rates. A licensed therapeutic massage enterprise must post its rates for
service in a prominent place in the entrance or lobby of the business.
m) Illegal activities. In addition to the license restrictions set forth in this section, any
advertising by a licensee or representative of licensee of any unlawful,
misleading or erotic conduct at the licensed establishment shall be prohibited. A
licensee shall be strictly responsible for the conduct of the business, including the
conduct of all of its employees and agents while on the licensed premises or
Ordinance No. 656 -11- March 5, 2019
conducting business on behalf of the licensee, and shall ensure that the business
is operated in compliance with all applicable laws and ordinances.
n) Restrictions involving minors. No person under the age of 18 shall be permitted at
any time to be in or on the licensed premises as a customer, guest, or employee,
unless accompanied by her or his parent or guardian, and persons under the age
of 18 must be with their parent or guardian at all times while on the premises.
o) Food preparation. Food preparation on site shall only occur in locations
specifically designed for that purpose and with proper building permits having
been obtained. Food preparation is limited to use for employees during breaks
during their regular shift.
p) Habitation. A licensed therapeutic massage enterprise shall not contain sleeping
quarters or living spaces of any kind intended for habitation, including but not
limited to beds, cots, or mattresses.
q) Alcoholic beverages. In compliance with Minn. Stats. § 340A.401, no person may
directly or indirectly, on any pretense or by any device, sell, consume, barter, keep
for sale, charge for possession or otherwise dispose of alcoholic beverages onsite.
Intoxicating alcoholic beverages does not include alcohol used in direct
conjunction with massage therapy such as in cleaning.
Sec. 16-242. - Restrictions Regarding Sanitation, Health, and Safety.
a) Restroom Requirements. A licensed therapeutic massage enterprise shall be
equipped with adequate and conveniently located restrooms for the
accommodation of its employees and patrons. The restroom shall be well
ventilated by natural or mechanical methods and be enclosed with a door. The
restroom shall be kept clean and in good repair and shall be adequately lighted.
b) Paper/Linen Requirements. A licensed therapeutic massage enterprise shall provide
single-service disposal paper or clean linens to cover the massage therapy table or
chair on which the patron receives the massage; or in the alternative, if the massage
therapy table or chair on which the patron receives the massage is made of material
impervious to moisture, such massage therapy table, chair shall be properly sanitized
after each massage.
c) Washing of Hands Required. The permitted massage therapist shall wash his or her
hands and arms with water and soap, anti-bacterial scrubs, alcohol, or other
disinfectants prior to and following each massage service performed.
d) Door Latches and Locks. Doors on massage therapy rooms shall not be locked or be
capable of being locked. Locks, latches or other devices intended to secure a door so
as to prevent it from being opened by any person from either side of the door with or
without a key cannot be present on any doors of rooms intended or used for massage
therapy.
Ordinance No. 656 -12- March 5, 2019
Sec. 16-243. - Sanctions for Violations.
a) Suspension or Revocation. The City Council, in the case of licenses, or the issuing
authority, in the case of permits, may suspend, revoke, or refuse to renew a license or
permit issued pursuant to this section for any of the following:
1) A violation related to fraud, misrepresentation, or false statement contained in a
license application or a renewal application.
2) A violation related to fraud, misrepresentation, or false statement made in the
course of carrying on the licensed occupation or business.
3) Any violation of this section of the Code or state law.
4) A violation by any licensee or permittee that is directly related to the occupation
or business licensed as defined by Minn. Stats. § 364.03, subd. 2.
5) Conducting the licensed business or occupation in an unlawful manner or in such a
manner as to constitute a breach of the peace or to constitute a menace to the
health, safety, or general welfare of the public, or after repeated complaints
received regarding conduct of business practices or method of solicitation.
6) If the owner, manager, lessee or any of the employees are found to be in control or
possession of an alcoholic beverage, a narcotic drug or controlled substance on
the premises, other than drugs which may be purchased over the counter without a
prescription or those for which the individual has a prescription.
7) If the holder of a therapeutic massage enterprise license fails to maintain with the
City a current list of all employees of such licensed premises. The list shall include
all massage therapists permitted under this section.
8) Neither the charging of a criminal violation nor a criminal conviction is required in
order for the City to suspend, revoke, or refuse to renew a license. In the event of
multiple therapeutic massage enterprise locations, any license suspension or
revocation shall apply to any and all therapeutic massage enterprise locations in
the City.
b) Effective Date of Revocation or Suspension. Revocation or suspension shall be
effective upon written notice thereof to the licensee or permittee. Notice shall be
provided by personal delivery to the licensee or permittee, or by any manner permitted
for the service of process under the Minnesota Rules of Civil Procedure for the District
Courts.
c) Appeal Process. A licensee or permittee may appeal a license or permit suspension,
revocation, denial or non-renewal to a hearing officer in an administrative hearing as
provided for in section 2-4 of the Code.
d) Penalties. Any person or entity violating the provisions of this section is guilty of a
misdemeanor under Minnesota law and shall be punished by a fine or by
imprisonment, or both. Each violation shall constitute a separate offense. Conviction
of violation of this article, while not required, may be grounds for the suspension or
revocation of any license issued under this section.
Ordinance No. 656 -13- March 5, 2019
e) Ability to Reapply after Revocation. The holder of a therapeutic massage enterprise
license or massage therapist permit may not reapply for a new license or permit for
a period of five years if their license is revoked hereunder.
f) Ability to Reapply after Denial. The applicant for a therapeutic massage enterprise
license or massage therapist permit may not reapply for a license for a period of five
years if the applicant’s license or permit has previously been denied by the City or
another governmental entity for any reason.
g) Previous License or Permit Infractions. In the event there is a license or permit
infraction or a pending citation involving a licensed establishment or a permitted
massage therapist, the City may, at its option, chose to not to take action on any
license or renewal application until such infraction or pending citation has been
resolved.
Section 3. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8 entitled
“General Penalty; Continuing Violations” are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 4. This ordinance shall take effect from and after its passage and publication
as required by law.
Adopted by the City Council this 5th day of March, 2019.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/Kristine A. Luedke
Kristine A. Luedke, City Clerk
Executive Summary For Action
Golden Valley City Council Meeting
March 5, 2019
Agenda Item
6. C. First Consideration Amending Salaries of Mayor and Council Members and Approval of
Additional Assignments and Meetings
Prepared By
Kirsten Santelices, Human Resources Director
Summary
As per City Code, Council compensation is reviewed every two years. The average salary or wage
increase for the City non-union employees for the previous two years was 5.5%; (2.5% in 2018
and 3% in 2019). The table below shows a 5.5% increase in Council salaries. If approved, the
increase would begin January 1, 2020, and it has been reflected in the 2019-2020 Biennial
Budget.
Proposed Increase:
Current Salary New Salary
Mayor $12,825 $13,530
Council Members $ 9,598 $10,126
City Code Section 2-43 (b) states “In addition to their salaries, the Mayor and Council shall be paid
$50 for each meeting they are directed or designated to attend, up to a maximum of $150 per
month. The method for approval of meetings shall be outlined by resolution of the Council.” On
January 2, 2019, Council approved by motion a list of assignments and meetings. In addition to
those meetings, Council, at its February 12, 2019 Council/Manager Meeting, discussed adding
League of Minnesota Cities (LMC) and National League of Cities (NLC) conferences and trainings
to the list of meetings eligible for payment. Staff recommends Council adopt a Resolution
approving the payment. Staff recommends the Council adopt a Resolution approving adding
payment to the Mayor and Council attendance at any LMC conferences and trainings pursuant to
City Code Section 2-43(b).
Attachments
• City Code Section 2.43 with underline/overstrike (1 page)
• Ordinance #657, Amending Salaries of Mayor and Council Members (1 page)
• Resolution for Approval of Additional Assignments and Meetings attended by the Mayor and
Council (1 page)
Recommended Action
Motion to adopt first consideration, Ordinance #657, amending Salaries of Mayor and Council
Members.
Motion to adopt Resolution for Approval of Additional Assignments and Meetings attended by
the Mayor and Council.
Golden Valley City Code
Sec. 2-43. - Salaries and Additional Compensation of Mayors and Council Members.
(a) The salaries of the Mayor and Council Members commencing January 1, 2018 2020, shall be
as follows:
(1) Mayor: $12,825.00 $13,530.00 annually
(2) Council Members: $9,598.00 10,126.00 annually.
(b) Approved additional meetings. In addition to their salaries, the Mayor and Council shall be
paid $50.00 for each meeting they are directed or designated to attend, up to a maximum
of $150.00 per month. The method for approval of meetings shall be outlined by resolution
of the Council.
(c) Before May of each odd-numbered year, the City's staff shall provide to the Council the
percentage representing the average salary or wage increase for City non-union employees
for the previous two years so that the Council may consider appropriate increases in its
salaries.
(Code 1988, § 2.20; Ord. No. 63, 2nd Series, 4-25-1991; Ord. No. 618, 2nd Series, § 1, 3-7-2017)
ORDINANCE NO. 657
AN ORDINANCE AMENDING THE CITY CODE
Amending Salaries of Mayor and Council Members
The City Council for the City of Golden Valley hereby ordains:
Section 1. City Code Section 2.43, (a) is hereby amended to read:
(a) The salaries of the Mayor and Council Members commencing January 1,
2020, shall be as follows:
(1) Mayor: $13,530.00 annually
(2) Council Members: $10,126.00 annually.
Section 2. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8 entitled
“General Penalty; Continuing Violations” 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.
Adopt by the City Council this 5th day of March, 2019.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/Kristine A. Luedke
Kristine A. Luedke, City Clerk
RESOLUTION NO. 19-21
RESOLUTION FOR APPROVAL OF ADDITIONAL ASSIGNMENTS AND
MEETINGS PAYMENT ATTENDED BY THE MAYOR AND COUNCIL
WHEREAS, each year the City Council assigns Council Members to serve as
representatives on various Committees and Subcommittees; and
WHEREAS, the Golden Valley City Code Section 2-43(b) states “In addition to their
salaries, the Mayor and Council shall be paid $50.00 for each meeting they are directed or
designated to attend, up to a maximum of $150.00 per month. The method for approval of
meetings shall be outlined by resolution of the Council”; and
WHEREAS, At the January 2, 2019, City Council meeting the following additional
assignments/meetings were approved:
Beyond the Yellow Ribbon Campaign Harris, Clausen
Bicycle and Pedestrian Planning Task Force Schmidgall
Bottineau Light Rail Transit (LRT) Community Works Steering
Committee
Fonnest, Rosenquist
Golden Valley Business Council Harris, Fonnest
Golden Valley Historical Society Board Member Schmidgall
Highway 169 Mobility Study Policy Advisory Committee Schmidgall, Delegate
Clausen, Alternate
Hopkins School District 270 Caring Youth Committee Rosenquist
Hopkins School District 270 Cities Joint Meetings Rosenquist
Legislative Liaison and Spokesperson Harris
Blue Line Now! Coalition Clausen, Delegate
Harris, Alternate
METRO Blue Line Extension Corridor Management Committee Clausen, Delegate
Harris, Alternate
Metro Cities Fonnest, Delegate
Minneapolis Water Advisory Board Harris
Northwest Suburbs Cable Communications Commission Clausen
Regional Council of Mayors Harris
Robbinsdale School District 281 Government Advisory Committee Fonnest
Sochacki Park Governance Policy Board Harris, Fonnest
League of Minnesota Cities Conferences and Trainings All Members
BE IT RESOLVED by the City Council of the City of Golden Valley that it hereby
approves the above assignments and approves additional payment to the Mayor and Council
for attendance at such meetings pursuant to City Code Section 2-43(b).
Adopted by the City Council of Golden Valley, Minnesota this 5th day of March 2019.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Kristine A. Luedke, City Clerk