04-16-19 CC Agenda Packet (entire)
REGULAR MEETING AGENDA
1. Call to Order
A. Pledge of Allegiance Pages
B. Roll Call
C. Introduction of Metropolitan Council Representative Lynnea Atlas‐Ingebretson
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. Council/Manager Meeting – February 12, 2019 3‐4
2. City Council Meeting – April 2, 2019 5‐9
B. Approval of City Check Register 10
C. Licenses:
1. Gambling License Exemption and Waiver of Notice Requirement – School of
Engineering & Arts PTA
11‐13
D. Minutes of Boards and Commissions:
1. Planning Commission – March 25, 2019 14‐20
2. Rising TIDES Task Force – February 12, 2019 21‐23
3. Open Space & Recreation Commission – February 25, 2019 24‐26
E. Bids and Quotes:
1. Scheid Park Playground Equipment Replacement 27‐29
2. Approve Purchase of Scissor Lift 30‐31
3. Authorize Ballfield and Dugout Improvement Project for Wesley, Lions and Schaper
Parks
32‐33
4. Approve Purchase of Utility Truckster and Attachments 34‐39
5. Award Contract for 2019 Pavement Marking Project No. 19‐11 40‐46
F. Approve Twin City Tennis Camps Service Agreement 47‐54
G. 2018 Positive Performance‐General Fund Transfer and Assignment of Fund Balance 19‐25 55‐59
H. Board/Commission Appointments and Reappointments 60‐62
4. Public Hearing
A. Public Hearing for Temporary Drawdown of DeCola Ponds A, B, and C 63‐66
5. Old Business
Apr 16, 2019 – Immediately following
HRA Meeting
Council Chambers
Golden Valley City Hall
City of Golden Valley City Council Regular Meeting
Apr 16, 2019 – 6:30 pm
2
6. New Business
All Ordinances listed under this heading are eligible for public input.
A. First Consideration – Ordinance #662 ‐ Amendment to City Code Section 16‐193: Contract
and Licensing Requirements
67‐70
B. Second Consideration – Ordinance #661 – Amendment to City Code for the Addition of
New Micromobility Sharing Operations Section and Amending the Master Fee Schedule
71‐97
C. Review of Council Calendar
D. Mayor and Council Communications
7. Adjournment
REGULAR MEETING MINUTES
The meeting began at 6:30 pm in the Council Conference Room.
Present:Mayor Shep Harris,Council Members Joanie Clausen,Larry Fonnest,Gillian
Rosenquist and Steve Schmidgall
Staff present:City Manager Cruikshank,City Attorney Cisneros,Police Chief Sturgis,Physical
Development Nevinski and Kirsten Santelices
1. Chestnut Cambronne P.A.Update
Police Chief Sturgis introduced the item.Mr.Frank Rondoni,City’s Prosecuting Attorney,and his
staff were in attendance.He provided a brief history and information on his practice,the types of
cases his office hears,statistics from the previous year and answered questions from Council.
Council thanked Chestnut Cambronne for their service to the City.
2. Open Space and Recreation Commission 2018 Annual Reports and 2019 Work Plan
Open Space and Recreation Commission Vice Chair Speltz presented the 2018 annual report and
the projects proposed for 2019.Director of Parks and Recreation Birno answered questions from
Council.
The Council discussed the Open Space and Recreation Commission’work and thanked the
Commissioners for their service.
3. Review Council Salaries for 2020 2021 and Additional Meeting Reimbursement
Human Resources Director Santelices explained that the City Code provides for the Council to
review and consider amending Mayor and Council Member salaries every two years.Staff provided
a survey of salaries of elected officials in other metropolitan cities.The Council discussed the
proposed salary increase and the additional meeting reimbursement.City Manager Cruikshank
answered questions from Council.
The Council discussed adding the League of Minnesota Cities conferences and training to the list of
meetings eligible for additional meeting reimbursement.
The Council consensus was to bring forward the Council salary ordinance and the additional
meeting reimbursement resolution to the February 19 Council meeting.
4. Dockless Bike and Scooter Ordinance
Physical Development Director Nevinski provided background information on the Memorandum of
Understanding that the City had with the LimeBike micromobility company in 2018.
Feb 12,2019 6:30 pm
Council Conference Room
Golden Valley City Hall
7800 Golden Valley Road
City of Golden Valley City Council/Manager Regular Meeting Minutes
Feb 12,2019 6:30 pm
2
4. Dockless Bike and Scooter Ordinance continued
City Attorney Cisneros said City staff has met with staff from surrounding cities regarding a regional
approach for regulating micromobility including ordinances and licensing and provided information
on the meeting.She discussed the benefits of an ordinance to better regulate the use of
micromobility vehicles in the City and answered questions from Council.City Manager Cruikshank
answered questions from Council.
The Council consensus was to bring forward an ordinance on micromobility to a future Council
meeting.
5. Council Review of Future Draft Agendas:City Council February 19,City Council March 5 and
Council/Manager March 12,2019
There was Council discussion regarding a proposed proclamation.City Manager Cruikshank
reviewed the Proclamation,Resolution and Letter of Support Policy and answered questions from
Council.
Physical Development Nevinski and City Attorney Cisneros provided information on the Small
Cell/R O W discussion scheduled for the March 12 Council/Manager meeting.
The meeting adjourned at 9:05 pm.
Shepard M.Harris,Mayor
Kristine A.Luedke,City Clerk
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, City Attorney Cisneros and City Clerk Luedke
1C. Proclamation for the 50th Anniversary of the Golden Valley Federated Women’s Club
Mayor Harris presented a proclamation to representatives from the Golden Valley Federated
Women’s Club recognizing their 50th anniversary. Ms. Barb Demavivas, President, and Ms. Joan
Russell provided information on the Women’s Club and answered questions from Council.
Council thanked the Golden Valley Federated Women’s Club for their service.
MOTION made by all Members of the Council, seconded by all Members of the Council and the
motion carried.
2. Additions and Corrections to Agenda
MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to approve
the agenda of April 2, 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 April 2, 2019, as revised: removal of 3F-Acceptance of Donation for
Upgrades to Isaacson Park and the motion carried.
3A1. Approve Minutes of City Council Meeting – March 19, 2019.
3B. Approve City Check Register and authorize the payments of the bills as submitted.
3C. Licenses:
1. Authorize renewal of Amusement Device licenses for the period of April 1, 2019,
through March 31, 2020, for American Amusement.
2. Approve a temporary on-sale liquor license for the Brewing a Better Forest
organization, 3800 Bryant Avenue South, Minneapolis for the 2019 Minneapolis Arbor
Day event to be located at Theodore Wirth Park on April 26, 2019.
3. Approve the issuance of an On-Sale Wine (including strong beer) and 3.2 % Malt
Liquor License to JLD Group, LLC located at 1301 Theodore Wirth Parkway for the
period of April 2, 2019, through June 30, 2019, contingent upon receipt of the
updated liquor liability insurance certificate.
Apr 2, 2019 – 6:30 pm
Council Chambers
Golden Valley City Hall
7800 Golden Valley Road
City of Golden Valley City Council Regular Meeting Minutes
Apr 2, 2019 – 6:30 pm
2
3. Approval of Consent Agenda - continued
3D. Minutes of the Boards and Commissions:
1. Planning Commission – March 11, 2019
2. Board of Zoning Appeals – February 26, 2019
3. Open Space & Recreation Commission – November 26, 2019
4. Environmental Commission – February 25, 2019
5. Human Rights Commission – February 26, 2019
6. Bassett Creek Watershed Management Commission – February 21, 2019
3E1. Authorize a contract with Seal Tech, Inc. for the 2019 Crack Sealing project No. 19-04 in
the amount of $53,500.
3E2. Approve purchase of 204 Galaxy HRE Modules from Metering and Technology Solutions in
the amount of $43,452.
3F. Accepting a donation from the Golden Valley Little League Youth Baseball for Upgrades to
Isaacson Park.
3G. Approve purchase of a 2019 Aries CCTV Pathfinder Command Center in the amount of
174,802.
3H. Approve Amendment to Contract 18-10 for the 2019 Spring Brush Pick-Up Program
between the City of Golden Valley and Tim’s Tree Service, Inc. in the amount of $66,410.
3. ITEMS REMOVED FROM THE CONSENT AGENDA
3F. Acceptance of Donation for Upgrades to Isaacson Park
Council thanked the Golden Valley Little League Youth Baseball organization for their donation
to Isaacson Park.
MOTION made by Rosenquist, seconded by Council Member Clausen to adopt Resolution 19-25,
accepting a donation from the Golden Valley Little League Youth Baseball for electrical upgrades
at Isaacson Park and the replacement of the scoreboard on Isaacson field #1. Upon a vote being
taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist, and Schmidgall, the
following voted against: none and the motion carried.
4. Public Hearing
4A. Public Hearing – Ordinance #660 – Approval of Conditional Use Permit 165 – 8043
Lewis Road
Planning Manager Zimmerman presented the staff report and answered questions from Council.
Mayor Harris opened the public hearing.
Mr. Sam Navab, applicant, provided information on his company and answered questions from
Council regarding the possibility of adding solar panels to their building.
Mayor Harris closed the public hearing.
City of Golden Valley City Council Regular Meeting Minutes
Apr 2, 2019 – 6:30 pm
3
4A. Public Hearing – Ordinance #660 – Approval of Conditional Use Permit 165 -continued
MOTION made by Council Member Schmidgall, seconded by Council Member Fonnest to adopt
Ordinance #660, approval of Conditional Use Permit 165 allowing for the operation of a laundry
in a Light Industrial zoning district. Upon a vote being taken the following voted in favor of:
Clausen, Fonnest, Harris, Rosenquist, and Schmidgall, the following voted against: none and the
motion carried.
5. Old Business
6. New Business
6A. First Consideration – Ordinance #661 – Amendment to the City Code for the Addition of
New Micro-mobility Sharing Operations Section and Amending the Master Fee Schedule
City Manager Cruikshank presented the staff report and answered questions from Council. City
Attorney Cisneros answered questions from Council.
There was much Council discussion regarding the proposed ordinance for the new micro-mobility
sharing operation section and the license agreement.
MOTION made by Council Member Fonnest, seconded by Council Member Rosenquist to adopt
first consideration, Ordinance #661, amending the City Code by Adopting a new Section entitled
Micro-mobility Sharing Operations and amending the Master Fee Schedule. Upon a vote being
taken the following voted in favor of: Fonnest, Harris, and Rosenquist, the following voted
against: Clausen and Schmidgall and the motion carried.
6B. Second Consideration – Ordinance #659 – Modifications to Right of Way Management
Ordinance to address Wireless Facility Aesthetics
Mayor Harris recused himself from the discussion and vote because he works with a telecom
company. Mayor Pro-Tem Clausen presided over the item.
City Manager Cruikshank presented the staff report and answered questions from Council.
There was Council discussion regarding the proposed modifications to the Right of Way
Management Ordinance.
MOTION made by Council Member Rosenquist, seconded by Council Member Fonnest to adopt
first consideration, Ordinance #659, amending Sections 24-22, 24-28, 24-30 and 24-43, and
adopting a new section 24-52 Wireless Aesthetic Standards. Upon a vote being taken the
following voted in favor of: Clausen, Fonnest, Rosenquist, and Schmidgall, the following
abstained: Harris, the following voted against: none and the motion carried.
City of Golden Valley City Council Regular Meeting Minutes
Apr 2, 2019 – 6:30 pm
4
6B. Second Consideration – Ordinance #659 – Modifications to Right of Way – continued
MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to approve
Summary of Ordinance #659, for Publication based on the finding that the title and summary
clearly inform the public of the intent and effect of the ordinance. Upon a vote being taken the
following voted in favor of: Clausen, Fonnest, Rosenquist, and Schmidgall, the following
abstained: Harris, the following voted against: none and the motion carried.
6C. Second Consideration – Ordinance #658 – Amendment to the 2019 Master Fee Schedule
adding a Fee for a Temporary Massage Therapist Permit for Hospice Care
MOTION made by Council Member Clausen, seconded by Council Member Fonnest to adopt
second consideration Ordinance #658, amending the 2019 Master Fee Schedule adding a
Temporary Massage Therapist Permit for Hospice Care fee. Upon a vote being taken the following
voted in favor of: Clausen, Fonnest, Harris, Rosenquist, and Schmidgall, the following voted
against: none and the motion carried.
6D. Review of Council Calendar
Some Council Members may attend the Golden Valley Federated Women’s Club event on April 9,
2019, starting at 8:30 am at the Golden Valley Country Club, 7001 Golden Valley Road.
Some Council Members may attend the Rising TIDES Task Force meeting on April 9, 2019, from
5:15 to 6 pm in the Council Conference Room.
The next Council/Manager meeting will be held on April 9, 2019, at 6:30 pm.
Some Council Members may attend the DeCola Ponds B and C Improvement Project Open House
on April 10, 2019, from 5 to 7:30 pm at Brookview, 316 Brookview Parkway.
Some Council Members may attend the Golden Valley Historical Society Presentation on April 11,
2019, at 6 pm at Golden Valley Historical Society, 6731 Golden Valley Road.
Some Council Members may attend the 25th Annual Run the Valley on April 13, 2019, starting at
7:45 am at Brookview, 316 Brookview Parkway.
Board/Commission Interviews will be held on April 16, 2019, starting at 4:45 pm.
The next Housing and Redevelopment Authority meeting will be held on April 16, 2019, at 6:30
pm.
The next City Council Meeting will be held on April 16, 2019, immediately following the Housing
and Redevelopment Authority meeting.
6E. Mayor and Council Communication
Mayor Harris and Council Member Rosenquist provided information on a meeting that they
attended in Washington, DC regarding with the Blue Line Coalition.
City of Golden Valley City Council Regular Meeting Minutes
Apr 2, 2019 – 6:30 pm
5
6E. Mayor and Council Communication – continued
Mayor Harris also provided information on a Blue Line Coalition meeting that he, Council
Member Clausen, and City Manager Cruikshank attended the METRO Blue Line. Council Member
Clausen provided additional information on the meeting.
7. Adjourn
MOTION made by Council Member Schmidgall, seconded by Council Member Clausen and the
motion carried unanimously to adjourn the meeting at 8:16 pm.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Executive Summary For Action
Golden Valley City Council Meeting
April 19, 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 04/05/2019 Check Register
Recommended Action
Motion to authorize the payment of the bills as submitted.
Executive Summary For Action
Golden Valley City Council Meeting
April 19, 2019
Agenda Item
3. C. 1. Gambling License Exemption and Waiver of Notice Requirement – School of Engineering &
Arts PTA
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 School of Engineering & Arts PTA.
MINNESOTA LAWFUL GAMBLING 11/17
L6220 Application for Exempt Permit Page 1 of 2
An exempt permit may be Issued to a nonprofit Application Fee (non-refundable)
organization that: Applications are processed In the order received. If the application
conducts lawful gambling on five or fewer days,and is postmarked or received 30 days or more before the event,the
awards less than$50,000 in prizes during a calendar application fee is$100; otherwise the fee Is$150.
year.
If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of
1,500 or less,contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite
your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted.
ORGANI 73ON:INFORM* ION
Organization Previous Gambling
Name:School of Engineering &Arts PTA Permit Number: X-93132-18-008
Minnesota Tax ID Federal Employer ID
Number,if any: 2707914 Number(FEIN),if any: 46-0766126
Mailing Address: 1751 Kelly Drive
City: Golden Valley State: MN Zip: 55427 County: Hennepin
Name of Chief Executive Officer(CEO): Nissa Mollema PTA President
CEO Daytime Phone:612-242-8463 CEO Email: SEAParentTeacher@gmall.com
permit will be emailed to this email address unless otherwise indicated below)
Email permit to(if other than the CEO):
NONRRQRI'ST 1Tu5
Type of Nonprofit Organization(check one):
Fraternal Religious Veterans Other Nonprofit Organization
Attach a copy of 9=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 DD-W 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.
QAIMBL riO RRE I S S FO ON
Name of premises where the gambling event will be conducted
for raffles, list the site where the drawing will take place): School of Engineering &Arts
Physical Address (do not use P.O. box): 1751 Kelly Drive
Check one:
0 City: Golden Valley Zip: 55427 County: Hennepin
MTownship: Zip: County:
Date(s)of activity (for raffles, Indicate the date of the drawing): May 17 2019
Check each type of gambling activity that your organization will conduct:
Bingo =Paddlewheels =Pull-Tabs =Tipboards EDRaffle
Gambling equipment for bingo paper,bingo boards, raffle boards, paddlewheels, pull-tabs,and tipboards must be obtained
from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection
devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor,go to
www.mn.gov/gcb and click on Distributors under the List of Licensees tab,or call 651-539-1900.
11/17
LG220 Application for Exempt Permit Page 2 of 2
LOCAL UNIT OF GOVERNMENT ACKNpINLEDGMENT (require+d before submitting application to
l he Mihn,esota Gambling Control Boarclj
CITY APPROVAL COUNTY APPROVAL
for a gambling premises for a gambling premises
located within city limits 1locatedInatownship
4The application is acknowledged with no waiting period. he application is acknowledged with no waiting period.
The application Is acknowledged with a 30-day waiting Me application Is acknowledged with a 30-day waiting
period,and allows the Board to Issue a permit after 30 days period,and allows the Board to Issue a permit after
60 days for a 1st class city). 30 days.
The application Is denied. (fhe application is denied.
Print CityName: CTO``Qh v Q ` / Print County Name:
Signature of City Personnel: _
Signature of County Personnel:
66
Title:j:41 l ,&Iulk Date: Title:Date:
TOWNSHIP(if required by the county)
On behalf of the township,1 acknowledge that the organization
Is applying for exempted gambling activity within the township
The city or county must sign before limits. (A township has no statutory authority to approve or
submitting application to the
deny an application, per Minn. Statutes,section 349.213.)
Gambling Control Board.
Print Township Name:
Signature of Township Officer:
Title: Date:
CHIGEFEXECUTIVE OFFIGIt'S$IGNATURE (required]
The information provided In this application is complete and accurate to the best of my knowledge. I acknowledge that the financial
report will be completed and returned L Board within 30 days of the event date.
Chief Executive Officer's Signature:
r
Date: z6-z6- 0 A6_14/,1
Signature must be CEO's signature;designee may not sign)
Print Name: IS(^ AlloI eww..S PTA- P"90i •fi 2-017 -7•oiq
REQUIREMENTS MAIL'APPLICATION AIVp ATTACHMENTS
Complete a separate application for: Mail application with:
all gambling conducted on two or more consecutive days; or a copy of your proof of nonprofit status; and
all gambling conducted on one day.application fee(non-refundable). If the application is
Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event,
conducted on the same day. the application fee Is$100; otherwise the fee Is$150.
Financial report to be completed within 30 days after the Make check payable to State of Minnesota.
gambling activity is done: To: Minnesota Gambling Control Board
A financial report form will be mailed with your permit. Complete 1711 West County Road B,Suite 300 South
and return the financial report form to the Gambling Control Roseville,MN 55113
Board.
Questions?
Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at
3-1/2 years(Minn. Statutes,section 349.166,subd. 2(f)). 651-539-1900.
Data privacy notice: The Information requested application. Your organization's name and ment of Public Safety;Attorney General;
on this form(and any attachments)will be used address will be public Information when received Commissioners of Administration,Minnesota
by the Gambling Control Board(Board)to by the Board. All other Information provided will Management&Budget,and Revenue;Legislative
determine your organization's qualifications to be private data about your organization until the Audltor,national and International gambling
be Involved In lawful gambling activities in Board Issues the permit. When the Board issues regulatory agencies;anyone pursuant to court
Minnesota. Your organization has the right to the permit,all information provided will become order;other Individuals and agencies specifically
refuse to supply the Information; however,if public. If the Board does not Issue a permit,all authorized by state or federal law to have access
your organization refuses to supply this information provided remains private,with the to the Information; Individuals and agencies for
Information,the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or
determine your organization's qualifications and, address which will remain public. Private data sharing of Information after this notice was
as a consequence,may refuse to Issue a permit. about your organization are available to Board given;and anyone with your written consent.
If your organization supplies the Information members,Board staff whose work requires
requested,the Board will be able to process the access to the information;Minnesota's Depart-
This form will be made available In alternative format(i.e.large print,braille)upon request.
An equal opportunity employer
REGULAR MEETING MINUTES
Call to Order
The meeting was called to order at 7 pm by Chair Baker.
Roll Call
Commissioners present: Rich Baker, Ron Blum, Adam Brookins, Andy Johnson, Lauren Pockl, Chuck
Segelbaum
Commissioners absent: None
Staff present: Planning Manager Jason Zimmerman, Administrative Assistant Lisa Wittman
Council Liaison present: None
Approval of Agenda
MOTION made by Segelbaum, seconded by Blum to approve the agenda of March 25, 2019, as
submitted and the motion carried.
Approval of Minutes
March 11, 2019, Regular Planning Commission Meeting
MOTION made by Brookins, seconded by Blum to approve the March 11, 2019, minutes as submitted
and the motion carried.
Discussion – Architectural and Material Standards
Zimmerman reminded the Commission that they have reviewed architectural and material standards at
several recent meetings. He stated that he would now like to discuss possible Zoning Code language that
addresses both areas.
Zimmerman explained that the proposed new section of Code will have a purpose statement that
includes the following guidelines: development and redevelopment within the City will be held to a high
standard with respect to visual quality, structural and ornamental elements are utilized to maximize
variety and architectural interest, building facades facing the public realm are active and engaging, and
the built environment is maintained in good condition.
Blum questioned if one of the Planning Commission’s goals was to facilitate the transition between
different zoning districts. Segelbaum said he thinks it was part of their past discussions.
Mar 25, 2019 – 7 pm
Council Chambers
Golden Valley City Hall
7800 Golden Valley Road
City of Golden Valley Planning Commission Regular Meeting
Mar 25, 2019 – 7 pm
2
Zimmerman stated that following the purpose statement, general architectural standards would be
listed that would apply to all structures regardless of zoning district. The proposed architectural
standards would include: varied massing to incorporate staggered building components, recessed
doorways, and other elements that provide visual interest; interesting roof lines that include pitched
roofs, dormers, gable or hip roof accents, parapets, cornices, and other interesting profiles; consistent
architectural treatment on all facades; and focal features that add interest or distinction to a building.
Johnson asked if vertical and horizontal articulation is what “staggered building components” is referring
to. Zimmerman said it refers to blocks of massing and breaking up the overall massing of a building to
create visual interest.
Zimmerman stated that the general standards will also include exterior materials that are divided into
Class I, Class II, and Class III categories with the Class I materials being the highest quality. He stated that
past conversations have included changing this to allow four classes of materials but upon further
research staff has concerns that breaking the material standards into four classes gets overly
complicated. Baker asked what led the Planning Commission toward having four classes. Segelbaum said
they thought that some of the Class I materials were very high end and could be separated out from the
list, and that there was a distinction among the Class I materials such as masonry/textured cement
stucco compared to glass, copper, or natural stone. Zimmerman said it was also a way to try and fine
tune different zoning districts and that the more categories there are, the more they can require certain
percentages of the different classes of materials.
Zimmerman showed the Commission several pictures of various types and classes of materials.
Segelbaum asked what class of materials Brookview used and if it would be within the scope of what is
being proposed. Zimmerman said he didn’t do the calculations, but a large portion of the building is pre-
finished metal and concrete block (Class II materials) so it may not meet the proposed percentage
standards.
Zimmerman discussed several recent construction projects in the City including the Arcata and Hello
apartments and noted that much of the materials used in those projects are Class II materials with the
exception of glass and brick which are Class I materials. Segelbaum asked if the majority of the recent
projects used mostly Class II materials. Zimmerman said yes, he believes most of them would be a mix of
Class I and Class II materials. Baker stated that those projects are zoned R-4 and the proposed Code
language would require them to be composed of at least 60% Class I materials. Zimmerman agreed and
added that the proposed language is upping the standard and is also what St. Louis Park and other
nearby cities use.
Zimmerman referred to the proposed Zoning Code language and stated that after the purpose and
standards sections it addresses the individual zoning districts. He referred to the R-2 Zoning District and
stated that duplexes are currently the only attached units allowed and that they function very much like
a single family home, so staff is suggesting that they wait to write the architectural and materials
City of Golden Valley Planning Commission Regular Meeting
Mar 25, 2019 – 7 pm
3
standards for this district until townhomes or row houses are included as permitted uses because they
would be a better target for limited architectural and/or material standards.
Zimmerman asked the Commissioners about having some architectural and material standards in the R-2
Zoning District that would encourage row homes, or attached homes, etc. He showed several photos as
examples of traditional duplexes and of some town home and row homes. Baker asked how the City
could encourage the R-2 Zoning District to move is that direction. Zimmerman said staff will be
considering language later this year for the R-2 District that could allow town homes and row homes, and
not just single family homes and duplexes.
The Commissioners discussed various areas in the City that have higher densities and where this type of
housing might work. Baker suggested that staff bring the Commission some suggested changes for the
R-2 Zoning District.
Zimmerman discussed the proposed standards in the R-3 and R-4 Zoning Districts. He stated that a lot of
the proposed standards in these districts come from the existing language in the I-394 Mixed Use Zoning
District.
Zimmerman next discussed the proposed standards in the Commercial, Office, Institutional, Light
Industrial, and Industrial Zoning Districts. He stated that staff is proposing to wait on architectural and
material standards language in the new Mixed Use Zoning District until the rest of the code language is
written for that district.
Zimmerman discussed the proposed language regarding additions and expansions to buildings and
stated that it is fairly universal to require that additions comply with new architectural standards. In
regard to materials the proposed language stated that all facades of an addition or expansion shall be
composed of at least 90% Class I materials until the appropriate minimum Class I percentage standards
for the building are met.
Baker said he is satisfied having three classes of materials rather than four. Zimmerman noted that the
standards can always be evaluated and added to, or changed over time.
Segelbaum said he thinks having architectural standards makes good sense and is appropriate and that
the materials and percentage of materials required is worth a full discussion. He stated that developers
have said that in order to make a development economically viable there has to be ways to make cuts so
if that is true the upping of the materials standards would up the expense and he wonders if the City
would have the recent development it’s had and if it will continue with these new standards. He said he
doesn’t want the City to price itself out of development and is glad to know that the same standards are
used in other cities.
City of Golden Valley Planning Commission Regular Meeting
Mar 25, 2019 – 7 pm
4
Baker said there has been a flood of new housing so maybe now is the time to take action that causes
that to subside a little, but the City will be attractive again.
Pockl asked Zimmerman if other cities said that once they implemented these types of standards they
found that it was too cost prohibitive for developers. Zimmerman said some cities stated that they
received some push back, but most of the staff he talked to said their standards are reasonable and
developers have been able to meet them. Baker asked if it is possible that Golden Valley got all of its
recent development because there aren’t these standards in place. Zimmerman said he doesn’t know if
it was that or if it was just the demand for housing in the Twin Cities.
Blum said the City got a lot of architecturally interesting and nice looking buildings regardless of the
standards. He said they shouldn’t be chasing development for development sake. He said he wants
development that is right for Golden Valley which is a higher standard and that is reflected in the
proposed new architectural and material standards.
Segelbaum asked the Commission what they thought about requiring 50% Class I materials in the Light
Industrial district. Blum said he was surprised to see such a high standard in the industrial districts. Baker
said he wants the industrial districts to be attractive too. Zimmerman noted that Brooklyn Park requires
65% Class I in industrial areas and many other cities require 50%.
Brookins said he thinks the proposed new standards are a big jump in comparison to what the City
currently has. He said he doesn’t find a ton of value in it and that a lot of the industrial areas that the City
has serve a good purpose and he doesn’t think the City will get a better purpose in those areas by
putting more brick on the front or back of a building. He said the industrial areas can be treated as such
and can use industrial materials.
Blum asked the Commission if they feel differently about industrial areas that border on zoning districts
that have higher standards. He added that the City has been granting more CUPs in industrial areas so
some of those might start to look more like commercial or office properties. Zimmerman noted that
there are codes that require different standards for facades that face residential or institutional
properties. Baker suggested that the standards be dropped a little bit if an industrial property isn’t facing
residential properties, but he questioned what the standards should be if the property is highly visible.
Zimmerman said the City doesn’t have very many light industrial or industrial properties that directly
abut a different zoning district, most of them are across a public street from another property zoned
differently. He suggested keeping the standards high when a light industrial or industrial property is
across the street from a different zoning district.
Johnson said the City hasn’t had architectural or material standards up until now so he is struggling with
the character of Golden Valley because he doesn’t really know how what is being proposed fits in with
what’s already been built and how to apply the proposed code in the real world. Baker asked if it would
City of Golden Valley Planning Commission Regular Meeting
Mar 25, 2019 – 7 pm
5
help to have some analysis of what’s been built. Segelbaum said that would give them a quantifiable look
at what’s been done. Baker stated that they’ve looked at what neighboring communities have done and
he thinks Golden Valley would want to be similar. Zimmerman stated that there isn’t really a good way
to determine the materials standards with buildings already built, but that he would try to provide an
estimate. Johnson said they would look silly if none of the recently constructed buildings come close to
what is being proposed. Baker said he is interested in what Golden Valley aspires to be in the future.
Segelbaum said he agrees with Johnson and said he worries that maybe the proposed new language
goes too far. He questioned if maybe it should be less strict in order to attract development.
Blum questioned if maybe the percentages should be lowered or if the type of materials should be
changed. Segelbaum said he is very much in favor of setting architectural and material standards he just
thinks the proposed standards should be relaxed by either reducing the percentages or by having four
classes of materials and requiring a smaller percentage of Class I materials and allowing a larger
percentage of Class II materials.
Brookins referred to the proposed language requiring 60% of Class I materials be used for R-3 properties
and questioned if that will work with the City’s affordability expectation. Zimmerman said the proposed
language is modeled on other cities who have the same affordability standards, but he agrees that in
some ways there may be competing goals.
Baker said code language is adaptive and suggested trying the proposed new standards which set a
pretty high bar and then change it if needed in the future. He said he’s heard compelling arguments from
the Commission about lowering the percentages in the Light Industrial and Industrial Zoning Districts but
he likes the percentages as they have been presented in all the other districts.
Blum noted that PUDs allow for flexibility and asked about the minimum acreage required for a PUD.
Zimmerman said two acres is the minimum requirement and agreed that they allow more flexibility for
things like the materials used. He added that hopefully the City will also get more redevelopment on the
newer mixed use sites.
Blum stated that if stucco and EIFs each drop down a class level he would feel more flexible about
lowering the percentages required. Baker suggested moving masonry/textured cement stucco to Class II
and changing the 60% to 50% as well.
Pockl said what she likes about having three classes of materials is that it offers more opportunity for
Class I materials which could lessen the load on cost prohibitive issues if there is more to choose from.
Baker said he would feel comfortable dropping the requirement of 60% Class I materials down to 50%
Class I materials in the R-3, R-4, and Office Zoning Districts if masonry/textured cement stucco is moved
City of Golden Valley Planning Commission Regular Meeting
Mar 25, 2019 – 7 pm
6
to the Class II category. Zimmerman asked for clarification regarding moving EFIS down to the Class III
category. Baker said he thinks EFIS should be left in the Class II category.
Johnson stated that they should either address this issue by finding out what is already in the City or
make a statement that it doesn’t matter. He reiterated that he would like to have an idea on how some
of the more recent buildings in the City would or wouldn’t meet these proposed new requirements. He
reminded the Commission that they can also request special studies as well. Baker said he wouldn’t mind
seeing a limited analysis that would include just the most recently constructed buildings such as: Talo,
Arcata, The Xenia, Hello, and Liberty Crossing. Zimmerman said he won’t be able to provide exact
percentages but staff can provide some analysis of how those projects would fit with the proposed new
language.
Blum said he thinks it is ok for them to be forward thinking and to at least match our neighboring
communities’ standards. He stated that a lot of the recent projects mentioned would have had options
through the PUD process to have some flexibility. Zimmerman noted that there is also the clause in the
materials list that states “other materials not listed elsewhere as approved by the City Manager or
his/her designee or as recommended by the Planning Commission” which also provides some flexibility.
Short Recess--
Discussion – Planning Commission 2018 Annual Report
Zimmerman gave highlights from the Annual Report and stated that Chair Baker will be presenting it to
the City Council at their Council/Manager meeting in April.
Segelbaum referred to the 2019 proposed work plan section of the report and said he thinks the
community would like to see small retail in the City.
Blum stated that the Commission has previously discussed gateway improvements and said that would
be a great way to distinguish Golden Valley and neighborhoods within Golden Valley.
Baker asked that the 2040 Comprehensive Plan information be moved up on the staff led
discussions/presentations list because the Commission spent a lot of time on that. He suggested that
strengthening large tree retention and small lot development be added to the 2019 work plan section.
Discussion – Board of Zoning Appeals 2018 Annual Report
Zimmerman referred to the Board of Zoning Appeals annual report and stated that there were 11
variances considered, nine of them were in the R-1 Zoning District. He stated that staff has continued to
work with applicants up front to help decrease the amount of variance requests.
Baker asked why there are so many variances in South Tyrol. Zimmerman said there were some new
homes built in that area on corner lots with two front yards.
City of Golden Valley Planning Commission Regular Meeting
Mar 25, 2019 – 7 pm
7
Segelbaum asked if there is a way to compare how strict or lax Golden Valley is compared to other cities.
Blum said his impression is that the BZA is very likely to grant variances and he is concerned about the
exception to the rule becoming the standard. Zimmerman said he thinks the BZA tries to help
homeowners and that they sometimes modify variance requests in order to not approve such large
variances. He stated that some clarity from the City Council may be needed on whether it is the BZA’s
role to try and help homeowner’s solve their problems, or if they should uphold the standards that are in
place and only grant variances for things that rise to a certain level.
Johnson added that many of the side yard variances are granted in order to allow people a second
garage stall which really is the norm.
Council Liaison Report
No report was given.
Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning
Appeals, and other meetings
No reports were given.
Other Business
Baker reported on a neighborhood meeting he attended regarding a new house that was built on a 40-
foot wide lot. He stated that the Council may be reviewing the regulations for these narrow lots.
Zimmerman stated that the Commission may be reviewing massing and height for these types of lots.
Adjourn
MOTION by Segelbaum, seconded by Blum and the motion carried unanimously to adjourn the meeting
at 8:41 pm.
Ron Blum, Secretary
Lisa Wittman, Administrative Assistant
Rising TIDES Task Force
REGULAR MEETING MINUTES
Call to Order
The meeting was called to order at 5:01 pm by Chair Joelle Allen.
Roll Call
Members present:Amber Alexander,Joelle Allen,Maurice Harris,Ruth Paradise,Sam Powers,
Ajani Woodson,Melissa Johnson arrived 5:05pm),and Millicent Flowers
arrived 5:23 pm)
Members absent:Tanveer Gulzar and Sheri Hixon
Staff present:Tim Cruikshank,City Manager;Maria Cisneros,City Attorney;Cheryl Weiler,
Communications Manager;and Kirsten Santelices,Human Resources Director
Guests present:Dr.Bill Woodson
Approval of January 15,2019 Meeting Minutes
MOTION by Member Paradise,seconded by Member Harris to approve agenda as submitted.Carried.
Santelices announced that a Task Force member has resigned but the vacancy will not be filled.
Discussion of February Topic:Communicating Equity with the Community
Chair Allen introduced the topic for discussion.Santelices introduced a team building activity to allow
the Task Force members to get to know each other.Members shared stories of how they have
experienced miscommunication and had a general discussion about communication and building a
shared language.The Task Force decided to spend the first half hour of each meeting on a team building
activity.
Communications Manager Weiler reviewed the communication channels the City currently uses to
share information with the community,including:City website,social media Twitter,Facebook,and
Instagram),CCX Media,and the City newsletter.Weiler also shared that the City produces and
distributes various types of printed materials.
The Task Force went through the questions posed at the end of the January meeting.The questions
and comments discussed were as follows:
Feb 12,2019 5:00 pm
Council Conference Room
Golden Valley City Hall
7800 Golden Valley Road
MEETING MINUTES Rising TIDES Task Force 2
1. What does the community want to know about the City’s equity initiatives?
Perhaps more information regarding the Rising TIDES Task Force and its activities should
be presented to the community.
Residents and community members want to know how the Task Force affects them.
Neighbors want to know what suggestions the Task Force has regarding communication,
and how those suggestions will be incorporated by City staff.
Residents do not want too much communication but are interested in getting occasional
updates through Facebook and the City newsletter.
The Task Force asked to know more about how the City communicates with people who
are not into written materials and discussed whether there should be more verbal
communications.
The Task Force asked how the City is preparing for future demographics and whether
anticipated demographic changes are being addressed.Weiler shared information
regarding the City’s social media initiatives and other innovative ways the City is reaching
out to the community.
The Task Force recommended providing information at community events,such as public
safety open house,street dance,etc.
2. How do we best communicate to our community members and visitors?
Task Force Members shared that residents get information from the library and
neighborhood block parties.
There was discussion about how the City communicates with those who prefer non
written communication and Members suggested the City communicate verbally with
people.
Members and Weiler discussed the use of brand representatives;people within the
community spread the message to others.
Members suggested the City conduct community education sessions related to the topic
of equity.
Members suggested the City use community events and create a sharing space where
residents can meet.
3. How often should the City provide updates on the equity work and equity plan?
Members suggested the City provide an update once a month on the activities of the
Rising TIDES Task Force
Members suggested communications include a summary of where we are and where we
want to be.
Members suggested the City continue to enhance the branding so residents recognize it.
Members suggested focusing communications on the top five topics or goals in the Equity
Plan and providing progress reports on a quarterly basis.Members also suggested the City
provide an annual report and revisit the goals every three years to ensure they do not get
stale.
MEETING MINUTES Rising TIDES Task Force 3
4. Are there existing groups that the City should consider communicating with?
Members felt that communications will happen organically and will take relationship
building.
Members suggested the City look for areas within the community that may not get
communications from the City.
Members agreed that they would share information with other groups in the community.
Members felt that there are pockets of people in the community who do not interact with
each other and agreed to think about ways to help make those connections.
Take Away:Members will identify groups in the community that the City should collaborate with
and will send thoughts and ideas to staff either by email or in person at the next meeting.
Adjournment
MOTION by Member Harris,seconded by Member Alexander to adjourn the meeting at 5:59 pm.
Carried.
Joelle Allen,Chair
ATTEST:
Kris Luedke,City Clerk
7800 Golden Valley Road I Golden Valley, MN 55427 it
763-512-23471 TTY 763-593-39681763-512-2344 (fax) I www.goldenvalleymn.
govg() L
Open Space & Recreation 17.
Commission February 25, 2019 - 6:30 pm
Valley Room North
Brookview Golden Valley
316 Brookview Parkway S
REGULAR MEETING MINUTES
Call to Order
The meeting was called to order at 6:30 pm by Speltz.
Roll Call
Commissioners present: Roger Bergman, Cindy Carow-Schiebe, Max Hyberger, Kelly Kuebelbeck,
Kimberly Sanberg, Dawn Speltz, and Della Daml.
Commissioners absent: John Cornelius, Bob Mattison, and Matthew Sanders.
Staff present: Rick Birno, Director of Parks and Recreation; Kim Straw, Restaurant and
Catering Manager; Sara Hansen, Facility Coordinator; Eric Eckman,
Development and Assets Supervisor; and Sheila Van Sloun, Administrative
Assistant.
Approval of Minutes
MOTION moved by Bergman and seconded by Sanberg to approve the amended November 26, 2018
meeting minutes.
DeCola Ponds Project Update with Eric Eckman
Eckman gave details on the DeCola Ponds Project, which includes support from the cities of Golden
Valley, New Hope, and Crystal. He shared information on flood events throughout the years, as well as
how the floods have impacted the City. He explained the plan is to expand flood storage in the areas of
Medicine Lake Road and Winnetka Avenue and create storm water flood proof structures in that area.
The goal of the project is to reduce risk and severity of flooding to 39 structures in the area and on
Medicine Lake Road and Winnetka Avenue.
Introduce Sarah Hansen, Brookview Facility Coordinator
Hansen is the new Facility Coordinator for Brookview. Her main responsibilities will include: giving tours
of the facility to potential rental clients, working with existing clients on event details, and providing
follow up on events. Hansen said she grew up in Golden Valley and has previously worked for the Parks
and Recreation Department with summer playgrounds and as a Building Supervisor. Prior to accepting
this position, she worked for New Hope Parks and Recreation for six years, and a non-profit organization
serving the St. Michael/Albertville community.
e— - ---
RJM This document is available in alternate formats upon a 72 -hour request. Please call
763=593-8006 (TTY: 763-593-3968) to, make a request. Examples of alternate formats
may include large print, electronic, Braille, audiocassette, etc.
City of Golden Valley Open Space & Recreation Commission Regular Meeting Minutes 2
Feb 25, 2019 — 6:30 pm
2018 Banquet and Restaurant Update with Kim Straw
Straw said it's her sixteenth year working for Brookview. She briefly discussed 2018 Brookview rentals, as
well as challenges faced in 2018, and transitioning Brookview rentals to the new Facility Coordinator,
Sarah Hansen. She said she is looking forward to the growth in 2019 and exploring rental add-on's to
create a one -stop -shop for clients.
Straw then shared upcoming events and promotions, which include: Music on the patio at Three One Six
from June through Labor Day, two Sunday Brunches, daily Happy Hours, and the new Brookview Golf
Club Membership that allows patrons a discount at the Three One Six, plus loyalty rewards. She said she
updates the Three One Six menu seasonally. She also hopes to add Brookview to Instagram.
2018 OSRC Annual Report and 2019 Work Plan/2018 Program and Facility Statistics
Birno said Speltz presented the Annual Report to the City Council earlier this month. He said the City
Council was appreciative and complimentary regarding all the wonderful work of the Open Space and
Recreation Commission.
Commission and Staff Updates
A. Commission Updates
Speltz shared a complaint from Facebook regarding Hampshire Park summer playground programs.
Birno said he would ask John Sturtman, Recreation Supervisor, to attend a future meeting to discuss.
B. HYSP Grant Award
Birno said the City was awarded the $96K grant, which will be used to build 14 fenced dugouts and
make improvements on seven softball fields. The project will begin in July.
C. APWA Public Works Project of the Year Award
Birno said Brookview was nominated for the award. With the help of HGA, the nomination packet
was submitted in January..
D. Brookview's 50th Anniversary Celebration
Birno said Brookview will celebrate its 50th Anniversary July 26-28 with golf, lawn bowling, and Three
One Six specials all weekend, as well as a DJ on Friday, and live music on Saturday and Sunday.
E. Scheid Park Tennis Courts
Birno said the courts at Scheid will no longer be maintained due to their condition. New courts will be
reconstructed by staff in the 2020-2024 Parks CIP budget.
F. Scheid Park Play Structure Selection Meeting
Birno said on March 5 a playground selection meeting was held where residents were able to vote
and select the new structure.
G. Brookview Comedy Nights
Birno said Brookview hosted two sold out shows in January and February. Brookview plans to offer
four shows next year.
H. Sota Clothing SK
Birno said Brookview Golf Course will be hosting the race for the second year, on Saturday, March 2.
He said the trails on the course are well groomed.
City of Golden Valley Open Space & Recreation Commission Regular Meeting Minutes 3
Feb 25, 2019 — 6:30 pm
I. Disc Golf at Brookview
Birno said there are currently three leagues and several tournaments have taken place. He said the
business is growing.
New Junior Park Leader Program
Birno said this new volunteer program was created to provide a great learning experience for 14 and
15 year old and hopefully create future park leaders. The program will include volunteer perks.
Adjourn
MOTION moved by Bergman and seconded by Carow-Schiebe to adjourn at 8:10 pm.
Bob Mattison, Chair
r
Sheila Van Sloun, Administrative Assistant
Executive Summary For Action
Golden Valley City Council Meeting
April 16, 2019
Agenda Item
3. E. 1. Scheid Park Playground Equipment Replacement
Prepared By
Rick Birno, Director of Parks and Recreation
Summary
The 2019-2023 Capital Improvement Program Park Section includes $60,000 for new playground
equipment (P-003). Scheid Park is scheduled this year to replace the 18 year old playground
structure.
The Scheid Park neighborhood participated in a public meeting on March 6th, 2019 to select one
of the six play structure proposal options. Play structure distributors providing proposals for the
60,000 budget included;
Commercial Recreation Specialists
Flagship Recreation
Minnesota – Wisconsin Playground
St. Croix Recreation Company
Webber Recreational Design, Inc.
Northland Recreation
After review of all the play structure options, the Scheid neighborhood selected the Flagship
Recreation proposal in a natural color format. The quote for the primary structures is $38,683.00
Landscape Structures) with additional site amenities, installation and base materials for
20,175.74 (Flagship Recreation). Installation of the new play structure equipment is scheduled
for May of 2019 and all equipment conforms to ADA and Consumer Product Safety Commission
guidelines.
Staff recommends the purchase of the replacement play structure equipment from Landscape
Structures with installation provided by Flagship Recreation for a total expense of $58,858.74.
Attachments:
Rendering of selected play structure (1 page)
Recommended Action:
Motion to authorize the purchase and installation of the Scheid Park playground equipment from
Landscape Structures and Flagship Recreation for a project total of $58,858.74.
QA
Executive Summary For Action
Golden Valley City Council Meeting
April 16, 2019
Agenda Item
3. E. 2. Approve Purchase of Scissor Lift
Prepared By
Tim Kieffer, Public Works Maintenance Manager
Marshall Beugen, Street and Vehicle Maintenance Supervisor
Summary
The 2019 Vehicle and Equipment Capital Improvement Program (CIP) includes $40,000 for the
purchase of a scissor lift (V&E-033).
The existing scissor lift, unit 405, meets replacement criteria set forth in the City’s vehicle
replacement policy and Vehicle Condition Index (VCI). The VCI is a tool utilized to assess all
vehicles and equipment scheduled for replacement and any vehicle/equipment scoring 23 to 27
points meets the category of “qualifies for replacement”. The 2003 lift due for replacement
scored 31 points.
The Minnesota Materials Management Division has awarded the following contract:
Contract No. Item Vendor Amount
124823 Skyjack SJIII 3219 DC Electric Scissor Lift Ziegler Inc. $11,004.40
Total Purchase Price $11,004.40
Attachments
Ziegler Quote (1 page)
Recommended Action
Motion to approve purchase of Skyjack SJIII 3219 DC Electric Scissor Lift from Ziegler Inc. in the
amount of $11,004.40.
Date: March 21, 2109
901 West 94th Street
Minneapolis MN 55420-4299
To: Equipment:
City of Golden Valley State of Minnesota Bid for Lifts
7800 Golden Valley Road Contract # 124823
Golden Valley, MN 55427 Release # L-517(5)
Valid Until: April 1, 2019
Attn: Marshall Beugen
WE PROPOSE TO FURNISH IN ACCORDANCE WITH THE FOLLOWING SPECIFICATIONS, TERMS AND CONDITIONS:
SPECIFICATIONS
One (1) Skyjack SJIII3219 $17,370
Options Tool Caddy $355
Options 250 AH Batteries $315
1.4 Warranty 2 Year Full Machine/5 Year Structural
Totals Sell Price $18,040.00
Less MN State Contract Pricing Discount @39% ($7,035.60)
Net Balance Due $11,004.40
TERMS AND CONDITIONS
The prices quoted are current and are subject to change to those in effect at the time of shipment. Caterpillar products are sold subject to
the terms of the applicable Caterpillar warranty. Copies of the warranties applicable to this purchase are attach ed hereto, and the purchaser
by signing this order acknowledges receipt of the Caterpillar warranties. The Purchaser agrees to pay any and all taxes, ass essments,
licenses, and government charges of every kind and nature whatsoever upon said equipment whi ch may be imposed or assessed against or
resulting to the Seller on account of the possession or use of said equipment by Purchaser. All provisions hereof are contin gent upon
government restrictions, strikes, accidents, delays of carrier and other delays unavoidable and beyond Seller’s control.
It is intended and understood that title and ownership of said equipment is and shall remain vested in the Seller, notwithsta nding delivery or
possession, until the entire price is paid by cash in full.
THIS PROPOSAL SUBJECT TO ALL PROVISIONS OF THE CONTRACT AND WARRANTY AS SPECIFIED HEREIN:
ACCEPTED: Respectfully submitted, DILLON KELLY
Ziegler Inc.
By____________________________________ By_____________________________________
Subject to approval by:
PO#____________________________________________ Ziegler Inc.
Approved:
By_____________________________________________
Executive Summary For Action
Golden Valley City Council Meeting
April 16, 2019
Agenda Item
3. E. 3. Authorize Ballfield and Dugout Improvement Project for Wesley, Lions and Schaper Parks
Prepared By
Rick Birno, Director of Parks and Recreation
Summary
Staff authored a Request for Proposal (RFP) to solicit quotes for the ballfield and dugout
improvements at Wesley, Lions and Schaper Parks. Six RFP packets were sent directly to local
fence contractors. The project packet was also posted on the city’s website. There were six
alternate improvements included in the RFP. The alternate improvements included additional
fencing for two pitching warm-up areas, replacing worn out backstop fencing, the addition of a
concrete pad for a ballfield bleacher and additional safety extension fence. The quotes received
are as follows:
Company Base Bid Alt. #1&2 Alt. #3&4 Alt. #5&6
Town & Country Fence $103,885 $2,790 $2,200 $3,500
Freedom Fencing $112,094 $3,650 Not Complete NQR
Fenc-Co $124,880 $3,300 $3,080 $3,600
Century Fence NQR NQR NQR NQR
Midwest fence NQR NQR NQR NQR
Northland Fence NQR NQR NQR NQR
Note: NQR (No Quote Received)
Funds are budgeted in the 2019-2023 Park CIP ($55,000) and partnered with the Hennepin
County Youth Sports program grant ($96,000) and a donation from the Golden Valley Girls
Softball Association ($10,000) for the project expense.
Staff is recommending Council approve the ballfield and dugout improvement project base quote
for the amount of $103,885, approve alternates #1 & #2 for $2,790 (additional fencing for
pitching warm-up areas), approve alternates #3 & #4 for $2,200 (backstop fence repairs), and
approve alternates #5 & #6 for $3,500 (concrete bleacher pad and safety fence extension) for a
total project amount of $112,375 awarded to Town & Country Fence.
Recommended Action
Motion to authorize staff to award improvement project with the six alternate improvements to
Town & Country Fence for the ballfield and dugout improvements at Wesley, Lions and Schaper
Parks for a total of $112,375.
Executive Summary For Action
Golden Valley City Council Meeting
April 16, 2019
Agenda Item
3. E. 4. Approve Purchase of Utility Truckster and Attachments
Prepared By
Tim Kieffer, Public Works Maintenance Manager
Marshall Beugen, Street and Vehicle Maintenance Supervisor
Summary
The 2019 Vehicle and Equipment Capital Improvement Program (CIP) includes $55,000 for the
purchase of a utility truckster (V&E-107).
The existing utility truckster, unit 469, meets replacement criteria set forth in the City’s vehicle
replacement policy and Vehicle Condition Index (VCI). The VCI is a tool utilized to assess all
vehicles and equipment scheduled for replacement and any vehicle/equipment scoring 23 to 27
points meets the category of “qualifies for replacement”. The 2005 truckster due for replacement
scored 38 points.
While reassessing the department’s needs it was determined a Bobcat 5610 Toolcat would be
more beneficial instead of replacing the truckster. The toolcat will be equipped with a front
bucket and rear 3-point hitch. Staff will utilize this equipment for dragging ballfields and winter
rink maintenance.
Staff solicited quotes as the Minnesota Materials Management Division did not award a contract
for the 5610 Toolcat. Quotes were received from Tri-State Bobcat Inc. and Lano Equipment, Inc.
The results are as follows:
Tri-State Bobcat Inc. $48,747
Lano Equipment, Inc. $58,622
The Minnesota Materials Management Division has awarded the following contract to equip the
toolcat with the required attachments:
Contract No. Item Vendor Amount
149595 SB240 72” Snowblower Tri-State Bobcat Inc. $4,463.20
149595 9.6 Hydraulic Motor Upgrade Package Tri-State Bobcat Inc. $ 866.60
149595 68” Low Profile Bucket Tri-State Bobcat Inc. $ 714.00
149595 68” Bolt-On Cutting Edge Tri-State Bobcat Inc. $ 157.00
Total Purchase Price of Attachments $6,200.80
Tri-State Bobcat has offered $3,581.60 for trade-in of unit 469. Staff recommends auctioning the
old truckster with a $3,600 minimum bid. Staff will trade in unit 469 to Tri-State Bobcat if the
minimum bid is not met.
Tri-State Bobcat is offering an Annual Equipment Trade-Out Program. This program allows the
City to purchase a new Bobcat 5610 Toolcat annually for $4,500; which is close to the estimated
depreciation value. The City will be responsible for routine maintenance and non-warranty
repairs. Staff recommends enrollment in the Tri-State Bobcat, Inc. Annual Trade-Out Program as
the City will save approximately $2,000 per year in maintenance and repair costs. The majority of
the saving will come from not having to buy and replace wear items such as tires, hoses, belts, tie
rods, ball joints, and CV axles. Additional savings will come from major repairs being covered
under warranty and less downtime. Attachments are not included in this Annual Trade-Out.
Program.
Attachments
Lano Equipment, Inc. 5610 Toolcat Quote (1 page)
Tri-State Bobcat Inc. 5610 Toolcat Quote (2 pages)
Tri-State Bobcat Inc. Attachment Quote (1 page)
Recommended Action
Motion to approve the purchase of a Bobcat 5610 Toolcat and attachments from Tri-State Bobcat
Inc. in the amount of $54,947.80.
Motion to trade in unit 469 to Tri-State Bobcat Inc. if the $3,600 minimum bid is not met at
auction.
Motion to enroll in Tri-State Bobcat Inc. Annual Trade-Out Program in the amount of $4,500.
Product Quotation
Quotation Number: 31196D031207
Date: 2019-04-02 14:55:59
Ship to Bobcat Dealer Bill To
CITY OF GOLDEN VALLEY
Attn: MARSCHALL BEUGEN
GOLDEN VALLEY, MN 55555
Phone: (763) 593-8085
Lano Equipment, Inc,Ramsey,MN
6140 HIGHWAY 10 NW
RAMSEY MN 55303-4529
Contact: Scott Fahey
Phone: 763-323-1720
Fax: 763-422-3949
Cellular: 612-223-0510
E Mail: scott_f@lanoequip.com
CITY OF GOLDEN VALLEY
Attn: MARSCHALL BEUGEN
GOLDEN VALLEY, MN 55555
Phone: (763) 593-8085
Description Part No Qty Price Ea. Total
Bobcat 5610 M1223 1 $57,958.00 $57,958.00
Adjustable Vinyl Seats
All-Wheel Steer
Automatically Activated Glow Plugs
Auxiliary Hydraulics
Variable Flow with dual direction detent
Beverage Holders
Bob-Tach
Boom Float
Cowl and Cowl Support
Cruise Control
Deluxe Equipment:
Cab Enclosure with Heater and Air Conditioning
Deluxe Operator Canopy (Front Window, Rear Window,
Front Wipers, and 2-Electrical Power Port)
Deluxe Road Package (back-up alarm, turn signals, flashers,
tail lights, brake lights, rear view mirror, side mirrors, horn,
lower engine guard, rear work light, and headlights)
Engine and Hydraulic Monitor with Shutdown
Front Work Lights
Full-time Four-Wheel Drive
Horsepower Management
Instrumentation:
Hour meter, Job Hours, Speedometer,
Tachometer, Fuel Gauge, Engine
Temperature Gauge, and Warning Lights
Heavy Duty Battery
High Flow Hydraulics and Attachment Control Kit
Keyless Ignition System
Power BobTach
PTO Package (rear PTO-540 RPM, PTO Shield, PTO
Tachometer)
Three-Point Hitch Package (Three-Point, depth position
gauge)
Rear Remote Package (One set of poppet-style couplers,
for use with implement hydraulics)
Roll Over Protective Structure (ROPS) - Meets
Requirements of SAE-J1040 & ISO 3471
Falling Object Protective Structure (FOPS) - Meets
Requirements of SAE-J1043 & ISO3449, Level I
Dome Light
Interior Trim
Joystick, Manually Controlled with Lift Arm Float
Lift Arm Support
Limited Slip Transaxle
Parking Brake, automatic
Power Steering with Tilt Steering Wheel
Radiator Screen
Radio:
AM/FM/Weatherbanb
Aux Input & Head Phone Jacks
Lower Engine Cover
Rear Reciever Hitch
Seat Belts, Shoulder Harness
Spark Arrestor Muffler
Storage Bins
Suspension, 4-wheel independent
Tires: 27 x 10.5-15 (8 ply), Lug Tread
Toolcat Interlock Control System (TICS)
Two-Speed Transmission
Traction Control
Machine Warranty: 12 Months, unlimited hours
Bobcat Engine Warranty: Additional 12 Months or total
of 2000 hours after initial 12 month warranty
29 X 12.5 Turf Tires M1223-R05-C05 1 $664.00 $664.00
Total of Items Quoted $58,622.00
All prices subject to change without prior notice or obligation. This price quote supersedes all preceding price quotes.
Customer Acceptance: Purchase Order: ___________________________
Authorized Signature:
Print:_________________________ Sign:_________________________ Date: ________
Product Quotation
Quotation Number: 27757D027877
Date: 2019-04-02 11:05:24
Ship to Bobcat Dealer Bill To
City of Golden Valley
7800 Golden Valley Rd
Golden Valley, MN 55427
Phone: (763) 593-3981
Fax: (763) 593-8024
Tri-State Bobcat Inc,Burnsville,MN
1200 HWY 13 E
BURNSVILLE MN 55337-2214
Phone: (952) 894-0894
Fax: (952) 894-5759
Contact: Jon Quirk
Phone: 952-894-0894
Fax: 952-894-5759
Cellular: 612-282-9805
E Mail: jonq@tristatebobcat.com
City of Golden Valley
7800 Golden Valley Rd
Golden Valley, MN 55427
Phone: (763) 593-3981
Fax: (763) 593-8024
Description Part No Qty Price Ea. Total
Bobcat 5610 M1223 1 $67,554.00 $67,554.00
Adjustable Vinyl Seats
All-Wheel Steer
Automatically Activated Glow Plugs
Auxiliary Hydraulics
Variable Flow with dual direction detent
Beverage Holders
Bob-Tach
Boom Float
Cowl and Cowl Support
Cruise Control
Deluxe Equipment:
Cab Enclosure with Heater and Air Conditioning
Deluxe Operator Canopy (Front Window, Rear Window,
Front Wipers, and 2-Electrical Power Port)
Deluxe Road Package (back-up alarm, turn signals, flashers,
tail lights, brake lights, rear view mirror, side mirrors, horn,
lower engine guard, rear work light, and headlights)
Engine and Hydraulic Monitor with Shutdown
Front Work Lights
Full-time Four-Wheel Drive
Horsepower Management
Instrumentation:
Hour meter, Job Hours, Speedometer,
Tachometer, Fuel Gauge, Engine
Temperature Gauge, and Warning Lights
Heavy Duty Battery
High Flow Hydraulics and Attachment Control Kit
Keyless Ignition System
Power BobTach
PTO Package (rear PTO-540 RPM, PTO Shield, PTO
Tachometer)
Three-Point Hitch Package (Three-Point, depth position
gauge)
Rear Remote Package (One set of poppet-style couplers, for
use with implement hydraulics)
Roll Over Protective Structure (ROPS) - Meets Requirements
of SAE-J1040 & ISO 3471
Falling Object Protective Structure (FOPS) - Meets
Requirements of SAE-J1043 & ISO3449, Level I
Dome Light
Interior Trim
Joystick, Manually Controlled with Lift Arm Float
Lift Arm Support
Limited Slip Transaxle
Parking Brake, automatic
Power Steering with Tilt Steering Wheel
Radiator Screen
Radio:
AM/FM/Weatherbanb
Aux Input & Head Phone Jacks
Lower Engine Cover
Rear Reciever Hitch
Seat Belts, Shoulder Harness
Spark Arrestor Muffler
Storage Bins
Suspension, 4-wheel independent
Tires: 27 x 10.5-15 (8 ply), Lug Tread
Toolcat Interlock Control System (TICS)
Two-Speed Transmission
Traction Control
Machine Warranty: 12 Months, unlimited hours
Bobcat Engine Warranty: Additional 12 Months or total
of 2000 hours after initial 12 month warranty
Factory Installed 29 X 12.5 Turf Tires M1223-R05-C05 1 $786.00 $786.00
Total of Items Quoted $68,340.00
Dealer P.D.I. $150.00
Freight Charges $759.00
Dealer Assembly Charges $0.00
Discount TRI STATE BOBCAT DISCOUNT ($10,251.00)
Discount Factory Municipal Discount ($10,251.00)
Quote Total - US dollars $48,747.00
Notes:
All prices subject to change without prior notice or obligation. This price quote supersedes all preceding price quotes.
Customer Acceptance: Purchase Order: ___________________________
Authorized Signature:
Print:_________________________ Sign:_________________________ Date: ________
Product Quotation
Quotation Number: 27757D027874
Date: 2019-04-02 11:14:51
Ship to Bobcat Dealer Bill To
City of Golden Valley
7800 Golden Valley Rd
Golden Valley, MN 55427
Phone: (763) 593-3981
Fax: (763) 593-8024
Tri-State Bobcat Inc,Burnsville,MN
1200 HWY 13 E
BURNSVILLE MN 55337-2214
Phone: (952) 894-0894
Fax: (952) 894-5759
Contact: Jon Quirk
Phone: 952-894-0894
Fax: 952-894-5759
Cellular: 612-282-9805
E Mail: jonq@tristatebobcat.com
City of Golden Valley
7800 Golden Valley Rd
Golden Valley, MN 55427
Phone: (763) 593-3981
Fax: (763) 593-8024
Description Part No Qty Price Ea. Total
Attachments SB240 Snowblower - 72" Width M7005 1 $4,463.20 $4,463.20
9.6 Hyd Motor Package (25 - 31
gpm)
M7005-R01-C04 1 $866.60 $866.60
68" Low Profile Bucket 6731418 1 $714.00 $714.00
Bolt-On Cutting Edge, 68" 6718006 1 $157.00 $157.00
Total of Items Quoted $6,200.80
Dealer P.D.I. $0.00
Freight Charges $0.00
Dealer Assembly Charges $0.00
Quote Total - US dollars $6,200.80
Notes:
Pricing per MN State Contract# 149595
All prices subject to change without prior notice or obligation. This price quote supersedes all preceding price quotes.
Customer Acceptance: Purchase Order: ___________________________
Authorized Signature:
Print:_________________________ Sign:_________________________ Date: ________
Executive Summary For Action
Golden Valley City Council Meeting
April 16, 2019
Agenda Item
3. E. 5. Award Contract for 2019 Pavement Marking Project No. 19-11
Prepared By
Jeff Oliver, PE, City Engineer
Tim Kieffer, Public Works Maintenance Manager
R.J. Kakach, PE, Assistant City Engineer
Summary
The 2019 Pavement Marking Project will be located in Maintenance Zone 2 as shown on the
attached map. Quotes for the 2019 Pavement Marking project were received on April 5, 2019. The
following amounts were received:
Traffic Marking Service, Inc. $15,910.20
Century Fence Company $16,997.55
AAA Striping Service $19,114.28
Staff has reviewed the quotes and found them to be accurate and in order.
Financing
The financing for this contract is summarized below:
Funding for this project is in the 2019 Street Maintenance Budget (1440.6440) which
includes $170,000 for striping, concrete shaving, pavement preservation and crack sealing.
It is expected that work will begin mid-summer, once the crack sealing in Maintenance Zone 2 is
complete.
Attachments
Maintenance Zones Map (1 page)
Agreement with Traffic Marking Service, Inc. (5 pages)
Recommended Action
Motion authorizing a contract with Traffic Marking Service, Inc. for the 2019 Pavement Marking
Project No. 19-11 in the amount of $15,910.20.
C I T Y O F C R Y S T A L
C I T Y O F R O B B I N S D A L E
CITY OF MINNEAPOLISC I T Y O F S T . L O U I S P A
R K CITY
OF MINNEAPOLISCITY OFST. LOUIS PARKCITY
OFROBBINSDALECITY OF CRYSTAL CITY OF ST. LOUIS PARK C I T Y
OF N E W H O P E CITY OF PLYMOUTHCITY OF MINNEAPOLISC I TY O F
S T .
L O U
I S
P A
R KCITY
OFPLYMOUTHLaurel Ave Duluth
St 10th
Ave N
Regent Ave NNoble Ave NOlympia
St Western Ave
Culver
Rd 23rd Ave
N Kelly DrWayzata
Blvd Knoll
St Plym
ou th Ave
N Sumter
Ave
NPennsylvania
Ave NN
Frontage Rd S
cottQuebec Ave
NValders Ave
NCountry
Club
Dr 26th
Ave N
SandburgRd
ZaneAve
NManor DrWinsdale
St Brunswick Ave N34th
Ave
N
Boone
Ave
NEarl
St
Rd
A
veNBridgewaterRdTryol Tra
ilFlorida Ave
NHanley
RdGolden
Hills
Dr Lowry
Ter Winnetka Ave SXerxes
Ave
NIndependence Ave
NMajorDrZenith
Ave
NFlag
Ave
NWestwood Dr
SWestbend Rd
Sumter AveSHampshireL
nOrchard
Ave
NCircle Down
Lindsay St
NobleDrPoplar
DrAve
Heights
Dr Heights Dr
S FrontageR
d Dres d e
n L n Lege
ndDrFrontage
RdBrookridgeAveNWinnetka Ave
NLawn TerNatchezAve
SGettysburg Ave NMarket
St
Naper
St
Decatur
Ave
N
Oregon Ave
NKewanee
W ay Pennsylvania Ave
SDona Ln
ArdmoreDrGlenwoodPk
w
y
Tryol TrailWestbrook
Rd
M cN airDr
Phoenix
St
OttawaAve
NThotland Rd WisconsinAve
NUtah Ave SJersey Ave SBies DrWills PlColon i
al
DrEdgewood
Ave
NBassettCree
k
DrAdair
Ave
NJune Ave
SNevada
Ave
NHaroldAveBrookviewPkwyNWynnwood
RdLee
Ave NTurners Cr
ossroadNAquil aAveNMendelssohn
Ave NBrookview
Pkwy SE lm
daleRdM
ea
nderRd
Jersey
Ave
NSorell
Ave Dakota Ave SVista DrKyleAveNWindsorWayAve SGoldenValley R oad/County R oad
66Highway 100Ros eMaryland Ave
NAlfred Rd CortlawnCir
SIdaho
Ave
NIndianaAve
N7th
Ave
N
Rhode
Island
Ave
NBrunswick
AveSZ
a n e Av e NBurntsideDrRoanoke Rd WoodstockAve PerryAveNAve
NTrailMedle y L n Georgia
Ave NWally St Cutacross Rd
XeniaAve
NHampshireKillarney
DrKentucky
Ave
SJune Ave
NZephyr PlLouisiana
AveSCloverLnC
loverleafDr Clo v erleafDrLilacLoop
MaryHillsDrFloridaAveSDuluthStreet /County
Road 66XylonAveNDecaturAveN Kent
uckyAveNTopelRd YorkAve
NGreenValley Rd Chatelain T er
No
r
m
an
d
y
Bo n
n
i e
L n
Elgin Pl MerribeeDr
Louisiana
Ave
NDuluthLn
Marie
Ln
E
Kalt ernLnOrkla DrLilacDrNToledoAveNM arkayRidge
WestbendRd
FairlawnWayG o
ldenValley Rd NevadaAve
SMarieLn
W
WestmoreWay
WolfberryLn
HamptonRd
YukonCtHampshireAve
NKentleyAve
Cortlawn
Cir WWinnetka Oregon Ave SPlUnityAveNB a
s s e t t C
reek Dr
BassettCreek Ln
M innaq u
aD rToledoA v
e NWinfieldAveUnity Ave
NBren
n er
P
a
s
s
FaribaultSt
ArcherAve
N
AdelineLn
K
in g s t o n C
irG
o
ld
e
nVa
lle
y
DrVarnerCirValders
Ct G reenview LnHampshire Ave NWinnetka
Phoenix
St
Duluth
St
Wayzata
BlvdWisconsinAveNAdell
A v
e
MajorAveNZealandAveNEnsignAveNKelly
DrXerxes
Ave
NKnoll
St
Lilac
Dr
NFlag
AveNRhode
Island
Ave
NPlymouth
Ave
N
Wayzata
Blvd G o lden Valley R
d
Orkla DrWayzata BlvdAve
NZealandAveNStCroixCirLeeAveNLamplighterLnSandburg
LnMadisonAve W
Lewis RdLilac Dr NHamptonRd Elgin Pl Boone
Ave NCircleDownJersey Ave
NWinsdaleSt
OttawaAve NOlympia St Winnetka
Heights
Dr LilacDrNLouisiana Ave
NKyleAveNNoble AveManor
10th Ave
N RhodeIslandAveSHalfMoonDr OrdwayLo ring L
n
Winsdale
StZane Ave
NHarold Ave
FloridaAve NJerseyAve NParkview
TerPh
o
en
ix
StWisconsin
Ave
NW
a
y
zataBlvd
FranceAve NHiddenLakesP
k
wyIslandDrTryolTrail
Maryla
ndAveNMedicine Lake Road / County
Road 70B
e
t
t y CrockerDr
RidgewayRdRhodeIslandAveNTerrace
LnCastle
CtFieldIndiana
Ave
NSchaper
Rd
Colonial
Rd
24th
Ave
N 27th
Ave N
SussexRdKing
Hill
RdConstance
DrW25thAveNSpringValleyCirFrontenacAveSkylineDrSkylineDrHampshirePlCavellAveNLaurelAveSkiHillRdMeridianDrWesternLouisianaAveNColoradoS
t
M a
rg
a
re
t D
rRoanokeCirCherokeeOak
GroveQu
e b e cAv
e
SKennethWayWasatchLnWelcomeTyrolCrest
CortlawnCir NTer
NatchezAveNBur
n t s
ide
DrG oldenV alleyRdGeneralMillsBlvdEdgew
ood
Ave
SEdgewood Ave SEllis LnJonellen Ln
WestwoodLn Gregory Cr est vi ewAveColoradoWis
c
o
n si n
A v e
S Valley-woodCir
MarylandAve
SMedicineLake
Road / County
Road
70 SchullerGettysburgCt
Vermont
Ave SFloridaCtMajorCir
PrincetonAve
SValeryRdBrogger
CirGardenParkQuailAve
NOrchardLouisianaAveSWesternAvePerry
Ave NIdaho Ave NWayzata
BlvdValdersAve
NValders Ave
NYosemiteAve
NWinsdale St
Decatur
Ave NNatchezAve
SG
len w o o d
P
kw
yOttawaAve
SEdgewoodAve
NSpringValleyRdSt
Croix AveN Wat erfordDrMendelssohnAve NManches
te
r
Dr
HeritageCir
StCroix
Ave
N
W
el
comeWinnetka
Avenue
North / County
Road 156Douglas Drive / County Road 1021 Highway 1693 S F r o ntage Rd Ensign Ave NOrchardAve NIdaho Ave NKnoll WestbrookRd Winsdale
St BrunswickScott Ave NWynnwood RdHillsboroAveNSunsetRid ge DrQuebec St OttawaAveSAngeloDrWoodlandTrailHiddenLakes
P kwyWinsdaleSt AlpinePa ssAvondaleRdDouglasAveQuentinAveSRavineMaddausLnLnKyle
PlUnity Ave NToledoAveNSpruce TrWes tchesterCirCirCt WaterfordScottAveNDawnview Ter Dawnview Ter ConstanceDrELilac Dr NPlymouth Ave NWisconsinAveNMedley Rd 6 PaisleyLnGlendenTer P l Noble Ave NTer Byrd Ave
N
Parkvie
w
B
lv
dYork AveNMeadowLnSLilac Dr NAveNDuluth
StPatsyLn23
H illsboroINDEX1 - English Cir2 - Kings
Valley Rd3 - Kings
Valley Rd E4 - Kings Valley Rd W5 - Marquis
Rd6 -
Mayfair Rd7 -
Stroden Cir8 -
Tamarin Tr
CarriagePath M
endelssohnLn N
ValeCrestRdCir Cir
4-1
PROJECT NO. 19-11
CONTRACT FOR THE 2019 PAVEMENT MARKING PROJECT NO. 19-11
THIS AGREEMENT (the “Agreement”), entered into the 16th day of April, 2019 between
the City of Golden Valley (the “City”), a municipal corporation, existing under the laws of
the State of Minnesota, and Traffic Marking Service, Inc., under the laws of Minnesota
Contractor”).
ARTICLE 1. The Contract Documents. The Contract Documents consist of: this
Agreement, the Proposal and Bid of the Contractor, the Contractor’s Bonds, the
General Conditions, Special Conditions and any supplementary conditions, drawings,
plans, specifications, addenda issued prior to execution of this Agreement, other
documents listed herein or in any of the foregoing documents, and Modifications of
the same issued after execution of this Agreement (collectively the “Contract” or “
Contract Documents”). A Modification is (1) a written amendment to the Contract
signed by both parties, (2) a Change Order, (3) a Construction Change Directive, and (
4) a written order for a minor change in the Work issued by the Engineer.
ARTI CLE 2. The Work. Contractor, for good and valuable consideration the sufficiency
necessary tools and equipment, and to do and perform all work and labor necessary for
2019 Pavement Marking Project No. 19-11 (the “Project”) according to the Plans and
Specifications and all of the Contract Documents (the “Work”).
Contractor shall commence and conclude the W ork in accordance with the Contract
Documents. Time is of the essence in this Agreement. Accordingly, Contractor shall
complete the Work in accordance with the time schedule for commencement and
completion of the Work set forth in the Contract Documents. Contractor shall complete
the W ork in every respect to the satisfaction and approval of the City.
ARTICLE 3. Contractor’s Bonds. Contractor shall make, execute and deliver to the
City corporate surety bonds in a form approved by the City, in the sum of $15,910.20
for the use of the City and of all persons furnishing labor, skill, tools, machinery or
materials to the Project. Said bonds shall secure the faithful performance and payment
of the Contract by the Contractor and shall be conditioned as required by law. This
Agreement shall not become effective unless and until said bonds have been received
and approved by the City.
ARTICLE 4. The City’s Responsibilities. In consideration of the covenants and
agreements stated above, the City shall pay Contractor the sum stated in
Contractor’s proposal or Bid (the “Contract Price”). Installment payments, if any, on
account of the Work shall be made in accordance with the provisions of the General
Conditions. Final payment shall be due and payable on or before thirty (30) days
after receipt of a Certificate of Final Completion issued by the City Engineer
confirming that the W ork has been fully completed and the Contract fully performed
by Contractor.
4-2
CONTRACT NO. 19-11
ARTICLE 5. Acceptance of the Work. The City, through its authorized agents, shall
be the sole and final judge of the fitness of the Work and its acceptability, and no
payment shall be made to Contractor hereunder until the Work shall have been
accepted by the City and a certificate of final completion shall have been issued.
ARTICLE 6. Records. Contractor shall keep as complete, exact and accurate an
account of the labor and materials used in the execution of the Work as is possible, and
shall submit and make this information available as maybe requested by the City.
ARTICLE 7. Payment. All payments to Contractor shall be made payable to the order
of Contractor and the City does not assume and shall not have any responsibility for the
allocation of payments or obligations of the Contractor to third parties.
ARTICLE 8. Cancellation prior to Execution. The City reserves the right, without
liability, to cancel the award of the Contract at any time before the execution of the
Contract by all parties.
ARTICLE 9. Termination. The City may by written notice terminate the Contract, or
any portion thereof, when (1) it is deemed in the best public, state or national interest to
do so; (2) the City is unable to adequately fund payment for the Contract because of
changes in state fiscal policy, regulations or law; or (3) after finding that, for reasons
beyond Contractor’s control, Contractor is prevented from proceeding with or
completing the W ork within a reasonable time.
In the event that any work is terminated under the provisions hereof, all completed items
or units of work will be paid for at Contract Bid Prices. Payment for partially completed
items or units of work will be made in accordance with the procedure on the attached
Exhibit A and as otherwise mutually agreed.
Termination of the Contract or any portion thereof shall not relieve Contractor of
responsibility for the completed W ork, nor shall it relieve Contractor’s Sureties of their
obligations for and concerning any just claims arising out of the W ork.
IN WITNESS W HEREOF, both parties hereto have caused this Contract to be signed
on their respective behalves by their duly authorized offices and their corporate seals to
be hereunto affixed the day and year first above written.
4-3
CONTRACT NO. 19-11
THE CITY OF GOLDEN VALLEY, MINNESOTA
BY
Shepard M. Harris, Mayor
BY
Timothy J. Cruikshank, City Manager
CONTRACTOR
BY
ITS
BY
ITS
4-4
EXHIBIT A
Elimination of Work
Should any Contract items be eliminated from the Contract or any work be deleted or
should the City order termination on a Contract item before completion of that unit,
Contractor shall 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) 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, accepted W ork shall 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 fifteen percent (15%) of the sum
thereof.
4) Contractor shall 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 W ork.
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 related to
those Contract items that have been partially or totally eliminated from the Contract.
Payment for Surplus Material
Payment for materials that have been ordered in furtherance of the Work, but that are
not to be used because (1) of cancellation of the Contract or a portion thereof; (2) of an
order to terminate the Work before completion of the entire unit; or (3) the quantity
ordered by the Engineer was in excess of the quantity needed, will be made in
accordance with the following provisions, unless Contractor or one of Contractor’s
suppliers 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.
4-5
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 fifteen percent (15%) 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 shall 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 shall payment for surplus materials exceed the Contract Price for the
materials complete in place. Contractor shall furnish 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 shall be made to Contractor for any materials
that are not incorporated in the Work. Materials shall be ordered in the quantities
needed unless a specific quantity is to be furnished by direct order of the Engineer.
No payment shall 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
April 16, 2019
Agenda Item
3. F. Twin City Tennis Camps Service Agreement
Prepared By
Rick Birno, Parks & Recreation Director
Summary
Parks & Recreation staff is recommending a service agreement with Twin City Tennis Camps (TCTC) to
provide tennis instruction and programs for youth and adults at tennis courts throughout Golden
Valley. TCTC will be offering services on Golden Valley tennis court facilities as an independent
contractor. The total independent contractor fee to be paid in 2019 for use of the tennis facilities is
45,000.
The agreement has been reviewed and approved by the City Attorney.
Attachments
2019 Service Agreement and Addendum (7 pages)
Recommended Action
Motion to authorize City Manager to sign agreement with Twin City Tennis Camps.
r
Independent Contractor Agreement
Parties and terms
This Agreement is by and between the City of Golden Valley("City")and Twin City Tennis Camps,Inc.
Contractor").
This Agreement is in effect from April 2,2019 through October 31,2019(the"Term").
Services to be performed
The Parties will perform the services outlined in the Service Addendum attached to this Agreement(the"Services")
for the Term. The provisions of the Service Addendum are hereby incorporated by reference.
Independent contractor
This Agreement shall not render the Contractor an employee,partner,or agent of the City for any purpose. The
Contractor is and will remain an Independent Contractor in his relationship to the City. The City shall not be
responsible for withholding taxes with respect to the Contractor's compensation hereunder. The Contractor shall
have no claim against the City hereunder or otherwise for vacation pay,sick leave,retirement benefits,social
security,worker's compensation,health or disability benefits,unemployment insurance benefits,or employment
benefits of any kind.
The Contractor will be responsible for the hiring,training,supervision and conduct of any staff utilized in the above
listed Services.All staff hired to work directly with minors will be subject to background checks.All background
checks must be completed prior to the start of the above listed Services.The Contractor is responsible for
background check fees.
The Contractor will determine the method,details and means of performing the Services outlined.
Compensation
The Contractor agrees to pay the City a flat all-inclusive fee of$45,000. First payment of 50%will be due on June
15,2019,with a second payment of 50%due on August 15,2019.Both payments to be made by check. The City
will invoice Contractor for payments. Additional fees may be charged,see Service Addendum,section 7e. All fees
shall be fully earned by the City upon receipt by the City.
Business Expenses
Any expenses incurred by the Contractor pursuant to providing the Services,including but not limited to travel and
phone expenses,are the sole responsibility of the Contractor.
Insurance
Insurance.The Contractor,at its expense,shall procure and maintain in force for the duration of this Agreement,the
following minimum insurance coverages:
a. Comprehensive General Liability.The Contractor shall maintain commercial general liability insurance in
a minimum amount of$2,000,000 per occurrence; $2,000,000 annual aggregate. 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.
b. Automobile Liability. If the Contractor transports any program participants in its vehicles, the Contractor
shall maintain commercial automobile liability insurance, including owned, hired, and non-owned
automobiles,with a minimum combined single limit of$2,000,000 per occurrence.
c. Workers' Compensation and Employer's Liability. The Contractor agrees to provide workers'
compensation insurance for all of its employees in accordance with the statutory requirements of the State of
Minnesota.
Within ten days of the effective date of this Agreement and thereafter upon the City's request, the Contractor shall
provide a certificate of insurance as proof that the above coverages are in full force and effect. These insurance
requirements may be met through any combination of primary and umbrella/excess insurance. The Contractor's
policies shall be primary and non-contributory to any other valid and collectible insurance available to the City with
1
respect to any claim arising out of the Contractor's performance under this Agreement.The Contractor's policies and
certificate of insurance shall state the coverage afforded under the policies shall not be cancelled without at least 30
days'advanced written notice to the City.
Without prejudice to any other right or remedy,if the Contractor fails to obtain the required insurance,the City may
elect to obtain equivalent insurance to protect Owner's interests at the Contractor's expense and the Contract price
shall be adjusted accordingly.
Waiver
The Contractor waives all its rights against the City for damages covered by property insurance. The Contractor shall
require a similar waiver from all its consultants.The Contractor waives all of its rights of recovery against the City because
of deductible clauses in,or inadequacy of limits in,any policies of insurance that are in any way related to the work and
that are secured and maintained by the Contractor.The Contractor waives any of its rights of recovery against the City
because of a lack of insurance coverage. The Contractor shall require similar waivers from all of its consultants.The
Contractor shall waive all of its rights of recovery against the City for loss or damage to any of its equipment,machinery,
tools or property that is used in connection with this Agreement. The Contractor shall require a similar waiver from all its
consultants.
Hold harmless
The Contractor agrees to defend,indemnify and hold harmless the City,its officers and employees,from any liabilities,
claims,damages,costs,judgments,and expenses,including attorney's fees,resulting directly or indirectly from an act or
omission of the Contractor,its employees,agents or employees of subcontractors,in the performance of this Agreement or
by reason of the failure of the Contractor to fully perform,in any respect,all of its obligations under this Agreement.The
provisions of this section shall survive any termination of this Agreement.
Compliance with statutes
The Contractor shall abide by all laws that govern the City and by the policies of the City,including but not limited
to the Data Practices Act,records retention guidelines,non-discrimination and disability accommodation laws and
guidelines.
Data practices
The Contractor agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and
federal laws relating to data privacy or confidentiality. The Contractor will immediately report to the City any requests
from third parties for information relating to this Agreement. The City agrees to promptly respond to inquiries from the
Contractor concerning data requests. The Contractor agrees to hold the City,its officers,department heads and employees
harmless from any claims resulting from the Contractor's unlawful disclosure or use of data protected under state and
federal laws.
Audits
The Contractor agrees that the City,its Auditor or any of their duly authorized representatives,at any time during normal
business hours and as often as they may reasonably deem necessary,shall have access to and the right to examine,audit,
excerpt and transcribe any books,documents,papers,and records that are relevant and involve transactions relating to this
Agreement.
Applicable law
The law of the State of Minnesota shall govern all interpretations of this contract,and the appropriate venue and
jurisdiction for any litigation which may arise hereunder will be in and under those courts located within the County of
Hennepin,State of Minnesota,regardless of the place of business,residence or incorporation of the Contractor.
r
Termination,cancellation and default
The City or Contractor may terminate this Agreement,for any reason or for no reason,effective upon thirty(30)prior
to the end of the Term by providing written notice to the other party prior to such date. Either party may terminate
this Agreement immediately in the event of a substantial breach of the Agreement by the other,effective upon
providing written notice to the other party. Contractor will be liable for any expenses incurred by the City due to
failure to provide the Services described herein. Notwithstanding anything to the contrary herein,if at any time the
actions of the Contractor and/or their staff compromise the physical,mental or emotional safety of a participant(as
determined by the City),the City shall have the right to immediately suspend Services until the issue has been resolved or
the contract terminated.
Notwithstanding the above,the Contractor shall not be relieved of liability to'the City for damages sustained by the City
as a result of any breach of this Agreement by the Contractor.
Modification or amendment
No amendment,change or modification of this Agreement shall be valid unless in writing and signed by the parties
hereto. No interest in this Agreement is assignable without the express written consent of the other party.
Entire understanding
This document and any exhibit attached constitute the entire understanding and agreement of the parties,and any
and all prior agreements,understandings and representations are hereby terminated and canceled in their entirety and
are of no further force and effect.
Unenforceability of provisions
If any provision of this Agreement,or any portion thereof,is held to be invalid and unenforceable,then the
remainder of this agreement shall remain in full force and effect.
In witness whereof,the undersigned have executed this Agreement as of the day and year first written above;
City of Golden Valley Contractor:
i
Tim Cruikshank,City Manager D el Nabedrick,T 'n City Tennis Camps
City of Golden Valley
Independent Contractor Agreement - SERVICE ADDENDUM
This Agreement is by and between the City of Golden Valley ("City") and Daniel Nabedrick doing
business as Twin City Tennis Camps ("Contractor").
This Service Addendum is in effect from April 2, 2019 through October 31, 2019 (the "Term").
Contractor Address:8014 Highway 55 Suite 101, Golden Valley, MN 55427
Contractor Phone:612-600-2460 Contractor E-mail:dnabedrick@twincitytenniscamps.com
Services to be provided by Contractor
It is understood that the Contractor is experienced and trained to provide tennis recreation program services and
that the City requires such services. Therefore, it is hereby agreed that the Contractor will provide the following
services.
1. Instruction:
a. Contractor must be a member of the United States Tennis Association ("USTA") and follow all
USTA guidelines for tennis instruction.
b. All instructors are required to complete background checks according to the terms of the Agreement
and to undergo concussion training, with the latter provided through the Center of Disease Control
and Prevention website. Copies of all staff s background checks and Concussion Training
Certificates must be made available upon request to Golden Valley Parks and Recreation.
c. All instructors must be at least 16 years of age or older.
2. Supplies:
a. Contractor will provide all supplies necessary for conducting the programs.
b. All supplies must be removed from the tennis courts at the end of program. Any teaching aides,
supplies, additional signage, etc. must be removed at the end of each daily program.
c. Contractor is allowed to have clocks and court caddies on the court. Clocks and caddies may stay on
the courts. The City is not responsible for damaged or stolen items.
d. Contractor is expected to retrieve all tennis balls and other supplies from the area at the conclusion
of each day.
e. The city will supply 4 keys for the Brookview tennis building. Keys must be returned by Oct. 31,
2019.
3. Programming:
a. Contractor will work with Golden Valley Parks and Recreation staff for programming.
b. Contractor will meet with Park and Recreation staff as needed to resolve any conflicts.
4/11/18 Page 1 of 4
C10,of
golden
vallev
City of Golden Valley
4. Registration and Communication:
a. Contractor is responsible for all aspects of registration.
b. Contractor must have working website and access for phone communication for all participants and
Golden Valley Park and Recreation staff.
c. Contractor will use best efforts to accommodate the registration requests of Golden Valley residents
before the registration requests of non-Golden Valley residents. .
d. Contractor will offer fee assistance for Golden Valley residents who request financial assistance.
5. Americans With Disabilities Act ("ADA"):
The City is mandated by law to provide reasonable accommodation for individuals with disabilities
which include contracted recreation services. Contractors are expected to work with the City's
Recreation Staff in order to provide for reasonable accommodations.
6. Facility:
a. All facility repair requests must be submitted in writing/email to City staff and resolved before any
action is taken.
b. Contractor will receive use of Brookview Tennis Court building on date of approved agreement by
City Council through October 31, 2019.
c. Request for court reservations must be made by March 31, 2019, to be guaranteed for the 2019
season.
d. Contractor is expected to maintain a neat and orderly operation during program usage. All
recycling, garbage, and debris is expected to be picked up and placed in appropriate containers at
conclusion of each day.
e. Any additional court usage above and beyond the contracted days and times must be requested and
approved and will incur additional charges.
7. Permits/Ordinance:
a. Contractor must follow City signage guidelines as directed by Parks and Recreation Staff. One
banner/sign is allowed per two tennis courts. Banners/signs are not allowed on any City
building.
b. Contractor must obtain permit to sell merchandise if desired.
8. Tournaments:
Contractor will be responsible for ordering and paying dumpster expense for all tournaments.
9. Safety:
a. Contractor is responsible for first aid kit, ice, and safety supplies.
b. Contractor is responsible for reporting any injury that is the result of facility usage.
10. Transportation. If the Contractor transports, or provides any transportation services to, any
participants in the tennis recreation program then:
4/11/18 Page 2 of 4
C1 C 11
valley
City of Golden Valley
a. If the Contractor transports any minor it shall obtain the written consent of the parent or guardian
of such minor prior to transporting such minor;
b. The transportation services provided to any participants shall be provided in accordance with all
applicable laws and regulations; and
c. Contractor shall maintain automobile liability insurance as required under the Independent
Contractor Agreement.
4/11/18 Page 3 of
Services to be provided by the City
It is understood that the City will provide the following services to facilitate and support
the contracted services listed above.
1. Promotion: Contractor will receive one to two full pages of advertising in the
Spring/Summer brochure and one-half to one page in the Fall brochure. Contractor
will work with Golden Valley Park and Recreation staff for layout and brochure
deadlines. Contractor will receive a complimentary room at Brookview Community
Center for two evenings for registration if desired.
2. Facility Use: See Attachment
Service Suspension and Cancellation
1. Notwithstanding anything to the contrary herein, of at any time the actions of the
Contractor and/or their staff compromise the physical, mental or emotional safety of a
participant (as determined by the City), the City shall have the right to immediately
suspend services until the issue has been resolved or the contract terminated (see
Termination, cancellation and default"section of this Agreement).
City Initial Contracto 'tial
3/22/19 Page 4 of 4
Executive Summary For Action
Golden Valley City Council Meeting
April 16, 2019
Agenda Item
3. G. 2018 Positive Performance-General Fund Transfer and Assignment of Fund Balance
Prepared By
Susan Virnig, Finance Director
Summary
The City of Golden Valley seeks to have a good balance in its General Fund in order to have
sufficient reserves for cash flow purposes, projects, and unexpected shortfalls or emergencies. In
December 2011, the City established a formal policy that states the level of fund balance should
be maintained at 60 percent of adopted expenditures in the General Fund. Adequate reserves
indicate fiscal prudence and help the City maintain a high rating with bond-rating agencies, which
prefer to see very strong and healthy balances.
When the fund balance is greater than 60 percent, it should be reduced to 60 percent by using
the excess funds for specific one-time projects, acquisitions, transfers to capital funds, or for
long-term debt reduction to lessen the future impact on the property tax rate.
The one-time use protocol is important to ensure the City does not commit itself to expenditures
that may create deficits in future budgets. For instance, when the City experiences an excess fund
balance due to a one-time building permit revenue from a major commercial development, the
City should not expect that same revenue will be received from future building permits. Budgets
should be set using an average year of revenues and expenditures and not an exceptional year.
In 2018, Golden Valley was extremely fortunate once again to have a positive performance level.
Building permit revenue was lower than 2017 but still above the budgeted amount. Various
Divisions came in under budget, too. These items created Fund balance to exceed 60 percent of
2019 Expenditures by $1,539,500. 2019 General Fund Budget is $21,691,575.
From the 2018 Council Goals to reduce debt, staff recommends making the following transfers:
General Fund (stays in fund) $45,000
Downtown Study Scope $35,000
Inspection Document Scanning $10,000
The Downtown Study Scope next steps was discussed earlier tonight. In 2018, the monies
dedicated in the budget had a remaining amount of $30,000. The $35,000 will create a scope that
staff can take forward for future planning and will be added to 2019 Planning Budget.
Remodeling of City Hall’s lower level had moved file cabinets of documents to the City Hall
lunchroom. Those documents will be sent out to be scanned to create a more usable lunchroom.
The $10,000 will be added to the 2019 IT Services Budget.
2019 Pavement Management Program (PMP) $1,494,500
One of the Council goals was to create a long-term debt strategy that would lessen or lower the
overall debt the City has from the Pavement Management Program (PMP). In 2019, staff is
recommending to reduce the bond size needed to finance the 2019 PMP. The amount needed for
the street portion is $3,890,000. By using positive performance to lower the bond size, it lowers
the City’s total debt along with lowering the issuance cost on the bond sale. The total bond size
needed is estimated at $2,375,000. The reduction in bond interest over the 20 years is
665,249.75.
TOTAL 2018 POSITIVE PERFORMANCE $1,539,500
Council Goal:
FINANCIAL WELLNESS: Balancing spending with emphasis on maintaining current service levels,
accommodating future needs, expanding tax base, growing reserves, maintaining bond rating,
and improving efficiencies and effectiveness
Attachments
December 2018 General Fund Financial Reports (2 pages)
Resolution Authorizing the Transfer of $1,494,500 from the General Fund to the Street
Reconstruction Fund (1 page)
Recommended Action
Motion to adopt Resolution authorizing the Transfer of $1,494,500 from the General Fund to the
Street Reconstruction Fund.
Over %
2018 December YTD (Under)Of Budget
Budget Actual Actual Budget Expend.
001 Council $370,935 26,991 325,110 ($45,825)87.65%(3)
003 City Manager 839,100 80,421 747,716 (91,384)89.11%(5)
004 Transfers Out 2,002,673 20,093 2,002,673 0 100.00%(1), (6)
005 Admin. Services 1,986,970 193,235 1,963,163 (23,807)98.80%
006 Legal 209,655 16,974 201,477 (8,178)96.10%(2), (6)
007 Risk Management 310,000 (9,846)318,934 8,934 102.88%(7)
011 General Gov't. Bldgs.732,680 100,524 672,357 (60,323)91.77%
016 Planning 409,655 34,748 321,324 (88,331)78.44%
018 Inspections 811,280 81,897 752,027 (59,253)92.70%(4)
022 Police 6,204,575 645,184 5,632,489 (572,086)90.78%
023 Fire 1,561,150 170,428 1,357,350 (203,800)86.95%(3)
035 Physical Dev Admin 309,505 31,647 292,794 (16,711)94.60%
036 Engineering 776,095 114,411 746,142 (29,953)96.14%
037 Streets 1,790,925 161,863 1,784,315 (6,610)99.63%
066 Park & Rec. Admin.737,210 80,961 715,266 (21,944)97.02%
067 Park Maintenance 1,215,945 102,866 1,169,970 (45,975)96.22%
068 Recreation Programs 445,385 29,586 380,871 (64,514)85.52%
TOTAL Expenditures $20,713,738 $1,881,983 $19,383,978 ($1,329,760)93.58%
1) Transfers were made in June, 2018 except for Equipment Transfer of $882,580.
2) Legal services are billed thru June. Staff Attorney started 7-16.
3) 2017 Fund Balance Assigned -$65,,000 Fire ; $20,000 Council -
4) 2018 Budget Amended -$42,000 Inspections
5) 2018 Budget Amended-$25,690 Communications
6) 2018 Budget Amended-$51,555 Legal Service; $20,093-Transfers
7) Dividend was received in December; less than prior years.
City of Golden Valley
Monthly Budget Report - General Fund Expenditures
December, 2018 (unaudited)
Division
100.00%
Over %
2018 December YTD (Under)of Budget
Type Budget Actual Actual Budget Received
Ad Valorem Taxes $17,253,460 7,660,815 17,181,438 ($72,022)99.58%(1)
Licenses 220,980 12,175 240,215 $19,235 108.70%
Permits 1,001,433 7,103 1,538,107 $536,674 153.59%
State Aid 52,375 28,246 108,616 $56,241 207.38%(2)
County Aid 0 1,319 $1,319
Charges For Services:
General Government 25,250 5,800 34,176 $8,926 135.35%
Public Safety 160,900 10,974 196,192 $35,292 121.93%
Public Works 163,600 29,939 195,483 $31,883 119.49%
Park & Rec 415,550 43,421 418,757 $3,207 100.77%
Other Funds 691,500 73,876 779,122 $87,622 112.67%
Fines & Forfeitures 320,000 43,965 379,708 $59,708 118.66%(3)
Interest On Investments 75,000 180,776 180,776 $105,776 241.03%(4)
Miscellaneous Revenue 193,000 66,355 250,223 $57,223 129.65%
Transfers In 30,000 2,500 30,000 $0 100.00%(5)
TOTAL Revenue $20,603,048 $8,165,945 $21,534,132 $931,084 104.52%
Notes:
1) Payments are received in July, December, and January (delinquencies).
The first payment for taxes included some payments in full.
2) Police Training will be paid in August. Safe and Sober is billed on time spent.
LGA is paid in July, Dec ($37,185 total).
3) Fines/Forfeitures are thru for October 2018.
4) Investment income is allocated at year end.
5)Transfers are monthly.
Percentage Of Year Completed
City of Golden Valley
Monthly Budget Report - General Fund Revenues
Dec-18
RESOLUTION NO. 19-25
RESOLUTION AUTHORIZING THE TRANSFER OF $1,494,500 FROM THE
GENERAL FUND TO THE STREET RECONSTRUCTION FUND
WHEREAS, the General Fund Reserves meets 60% of 2019 expenditures; and
WHEREAS, per Resolution 11-82 states that staff will review with the Council any
amounts above the 60% and recommend proposed uses of the funds; and
WHEREAS, in 2018, permit revenue was higher than budgeted and cost
containment from various expenditures from employee retention, building maintenance,
and professional services in the amount above the 60% is $1,539,500; and
WHEREAS, the amount of $45,000 will stay in the General Fund for the Downtown
Study Scope for $35,000 and document scanning for $10,000; and
WHEREAS, the transfer of $1,494,000 to the Street Reconstruction Fund to lower
the bond size to pay for the 2019 Pavement Management Program. This will reduce the
amount for bond payments in the future and reduce the levy needed to pay back the
bonds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley to authorize the transfer of $1,494,500 from the General Fund to the Street
Reconstruction Fund.
Adopted by the City Council of Golden Valley, Minnesota this 16th day of April, 2019.
Shepard M. Harris, Mayor
ATTEST:
Kristine A Luedke, City Clerk
Executive Summary For Action
Golden Valley City Council Meeting
April 16, 2019
Agenda Item
3. H. Board/Commission Reappointments and Appointments
Prepared By
Tim Cruikshank, City Manager
Summary
On a staggered basis, each year on April 30, terms end for various members of City
boards/commissions creating vacancies to be filled.
Attached is the list of vacancies along with board/commission members who have requested to be
considered for appointment again, as well as a list of applicants who are interested in serving for
the first time. Finally, attached is a schedule for new applicant’s interviews for Tuesday evening.
Upon completion of interviews, Council is asked to complete the spreadsheet making
appointments to vacancies that will be approved at the regular meeting later tonight.
Attachment
• Spreadsheet of Vacancies (2 pages)
Current Vacancies:
Environmental Commission
3 year term term expires ‐ May 1, 2022
3 year term term expires ‐ May 1, 2022
youth 1 year term term expires ‐ May 1, 2020
Human Rights Commission
3 year term term expires ‐ May 1, 2022
3 year term term expires ‐ May 1, 2022
3 year term term expires ‐ May 1, 2022
3 year term term expires ‐ May 1, 2022
youth 1 year term term expires ‐ May 1, 2020
youth 1 year term term expires ‐ May 1, 2020
Human Services Commission
3 year term term expires ‐ May 1, 2022
3 year term term expires ‐ May 1, 2022
youth 1 year term term expires ‐ May 1, 2020
Open Space and Recreation Commission
3 year term term expires ‐ May 1, 2022
3 year term term expires ‐ May 1, 2022
3 year term term expires ‐ May 1, 2022
1 year term Term expires ‐ May 1, 2020
Planning Commission
3 year term term expires ‐ May 1, 2022
3 year term term expires ‐ May 1, 2022
1 year term term expires ‐ May 1, 2020
youth 1 year term term expires ‐ May 1, 2020
Board of Zoning Appeals
1 year term term expires ‐ May 1, 2020
1 year term term expires ‐ May 1, 2020
1 year term term expires ‐ May 1, 2020
1 year term term expires ‐ May 1, 2020
youth 1 year term term expires ‐ May 1, 2020
Civil Service Commission
3 year term term expires ‐ May 1, 2022
Commissioner interested in Reappointment:
Environmental Commission
Tonia Galonsk 3 year term term expires ‐ May 1, 2022
Debra Yahle 3 year term term expires ‐ May 1, 2022
Joseph Ramlet ‐ youth 1 year term term expires ‐ May 1, 2020
Human Rights Commission
Maurice Harris 3 year term term expires ‐ May 1, 2022
Kyle Scott 3 year term term expires ‐ May 1, 2022
Jonathan Burris 3 year term term expires ‐ May 1, 2022
Carrie Yaeger 3 year term term expires ‐ May 1, 2022
youth 1 year term term expires ‐ May 1, 2020
youth 1 year term term expires ‐ May 1, 2020
Human Services Commission
Aaron Black 3 year term term expires ‐ May 1, 2022
Denise La Mere‐Anderson 3 year term term expires ‐ May 1, 2022
3 year term term expires ‐ May 1, 2022
youth 1 year term term expires ‐ May 1, 2020
Open Space and Recreation Commission
Roger Bergman 3 year term term expires ‐ May 1, 2022
John Cornelius 3 year term term expires ‐ May 1, 2022
Matthew Sanders 3 year term term expires ‐ May 1, 2022
Della Daml, youth 1 year term Term expires ‐ May 1, 2020
Planning Commission
Rich Baker 3 year term term expires ‐ May 1, 2022
Adam Brookins 3 year term term expires ‐ May 1, 2022
1 year term Term expires ‐ May 1, 2020
youth 1 year term term expires ‐ May 1, 2020
Board of Zoning Appeals
David Perich 1 year term term expires ‐ May 1, 2020
Andy Snope 1 year term term expires ‐ May 1, 2020
Nancy Nelson 1 year term term expires ‐ May 1, 2020
Richard Orenstein 1 year term term expires ‐ May 1, 2020
youth 1 year term term expires ‐ May 1, 2020
Civil Service Commission
Gloria Kumagai 3 year term term expires ‐ May 1, 2022
Interview Schedule
5:15 pm Ryan Sadeghi
5:25 pm Jack Ferguson
5:35 pm Leah Persky
5:45 pm Gary Heyn
Executive Summary For Action
Golden Valley City Council Meeting
April 16, 2019
Agenda Item
4. A. Public Hearing for Temporary Drawdown of DeCola Ponds A, B, and C
Prepared By
Jeff Oliver, City Engineer
Eric Eckman, Development and Assets Supervisor
Summary
On behalf of the Bassett Creek Watershed Management Commission (BCWMC), the City of
Golden Valley is designing and constructing the DeCola Ponds B and C Improvement Project. As
shown on the attached location map, the areas around DeCola Ponds B and C are being expanded
to create flood storage to help alleviate a chronic flooding problem within the sub-watershed.
The project is scheduled to begin in September 2019.
The primary benefits of the project include reducing flood damage to nearby homes and
businesses, protecting public health, and improving public safety by reducing flooding on
Medicine Lake Road and surrounding local streets. Additional benefits include improving water
quality, restoring vegetation and wildlife habitat, and improving recreation and park user
experience.
In order to construct the project and facilitate safe and efficient excavation of the ponds, it is
necessary to lower the water level (draw down) of DeCola Ponds A, B, and C for several months
this fall/winter during construction.
Because DeCola Ponds A, B, and C are public waters managed by the Minnesota Department of
Natural Resources (DNR), the temporary draw down will require a permit from the DNR. As part
of the DNR permit process a public hearing must be held to provide the public an opportunity to
express any questions or concerns related to temporary draw down associated with the project.
Any comments provided at the hearing will be used to help inform the final design and permitting
process.
Attachments
Location Map (1 page)
Notice of Public Hearing (1 page)
Recommended Action
Motion to direct staff to receive and file all public comments associated with this public hearing
for the Temporary Drawdown of DeCola Ponds A, B, and C.
RhodeIsland
Ave
NRhode
Island Ave NDeColaPond B PennsylvaniaWoods
PublicEasementAreaWinnetka
Ave NMedicine Lak
e R d DeColaPond
C DeCola Pond A DeCola PondDRosalynCt23rd
Ave
CITY OF GOLDEN VALLEY
NOTICE OF PUBLIC HEARING ON
TEMPORARY DRAWDOWN OF PUBLIC WATERS
DECOLA PONDS A, B, & C
NOTICE IS HEREBY GIVEN that the City of Golden Valley, Hennepin County, Minnesota, will
meet on Tuesday April 16, 2019 at 6:30 p.m. at the Golden Valley City Hall, 7800 Golden Valley
Road in said City for the purpose of holding a public hearing on the Decola Ponds B&C
Improvement Project.
The project primarily consists of reducing flooding and improving water quality through removing
accumulated sediment and expanding existing stormwater ponds. Additionally, the project will
improve habitat diversity and public recreation opportunities. During project construction,
portions of DeCola Ponds A, B, and C will be temporarily dewatered to allow for more effective
sediment removal. The public hearing is being held to provide the public an opportunity to
express any questions or concerns related to temporary dewatering associated with the project.
Direct questions to the City of Golden Valley Engineering Department 763-593-8030.
All interested persons may appear in person or by counsel and be heard. If you require auxiliary
aids or services to participate or communicate in this meeting, please contact Kristine Luedke at
763-593-8012 (TTY: 763-593-3968) 48 hours before the meeting time to make a request.
Examples of auxiliary aids or services may include sign language interpreter, assistive listening
device, accessible meeting location, etc.
BY ORDER OF THE CITY COUNCIL
Kristine A. Luedke, City Clerk
Executive Summary For Action
Golden Valley City Council Meeting
April 16, 2019
Agenda Item
6. A. First Consideration – Amendment to City Code Section 16-193: Contract and Licensing
Requirements
Prepared By
Marc Nevinski, Physical Development Director
Summary
At the April 9th Council Manager Meeting, Council discussed waste collection options and
directed staff to retain the open hauler system but begin the process to modify the solid waste
ordinance to enhance the City’s standards. Council also asked that, in the meantime, a limit be
established for the number of waste hauling licenses available in the City.
Staff has prepared an amendment to City Code Section 16-193 to limit the number of licenses
issued for refuse collection and hauling to not exceed 10 and recycling collection and hauling to
not exceed 6.
Attachments
City Code Section 16-193: Contract and Licensing Requirements underline/overstruck version
1 page)
Ordinance #662, Amendment to Article VII. Collectors of Solid Waste and Recyclables,
Sections 16-193: Contract and Licensing Requirements (1 page)
Recommended Action
Motion to adopt first consideration Ordinance #662, Amendment to Section 16-193: Contract and
Licensing Requirements.
1
ARTICLE VII. - COLLECTORS OF SOLID WASTE AND RECYCLABLES
Sec. 16-193. - Contract and Licensing Requirements.
a) Residential Disposal of Waste. Every household, including occupants of multifamily dwellings with four
or fewer units, must either directly or through the owner or manager of a multifamily dwelling unit:
1) Have a contract for at least bi-weekly collection of garbage and refuse with a hauler licensed by the
City; or
2) Apply for and receive a waiver of the requirement of Subsection (a)(1) of this section by showing
evidence of the use of an environmentally sound alternative for garbage or refuse collection.
b) Commercial Disposal of Waste. Each owner or manager of a commercial establishment, or multifamily
dwelling with greater than four units must:
1) Have a contract for at least weekly and as often as once each business day if necessary to protect
the public health, safety and general welfare, for collection of garbage and refuse with a hauler
licensed by the City; or
2) Apply for and receive a waiver of the requirement of Subsection (b)(1) of this section by showing
evidence of the use of an environmentally sound alternative for garbage or refuse collection.
c) Misdemeanor Violation. Failure to have a contract with a licensed hauler of garbage and refuse, or to
have received a waiver from the City is a misdemeanor.
d) License Required. It is unlawful for any person to collect or transport garbage, recyclables or refuse for
hire without having first secured a license from the City.
e) License Requirements. In addition, to the requirements otherwise set forth in this article for the issuance
and maintenance of a license to collect or transport garbage, recyclables or refuse, each licensed hauler
is obligated to show evidence of ability to comply with the following requirements when it submits its
license application for hauling or transporting garbage, recyclables or refuse, and continue to comply
with such requirements while hauling garbage, recyclables or refuse, as follows:
1) Haulers must offer separate durable yard waste containers.
2) Haulers must offer solid waste and yard waste containers that are not easily corrodible or
combustible and which are made from at least 50 percent post-consumer recycled material.
3) Haulers must haul yard waste from April 1 to November 15, and as otherwise designated by the City
Manager's designee.
4) To accommodate the needs of the physically challenged and disabled, and to promote the health,
safety and general welfare of the residents of the City, each hauler shall provide valet service for
seniors and the physically disabled among its contract options.
f) Limitation on Number of Licenses
1) The number of licenses issued for refuse collection and shall not exceed 10.
2) The number of licenses issued for recycling collection and hauling shall not exceed 6.
ORDINANCE NO. 662
AN ORDINANCE AMENDING THE CITY CODE
Chapter 16 Licenses, Taxation and Miscellaneous Regulations, Article VII. Collectors of Solid
Waste and Recyclables, Sections 16-193: Contract and Licensing Requirements
The City Council of the City of Golden Valley hereby ordains as follows:
Section 1. City Code Section 16-193, Contract and Licensing Requirement is
hereby amended by adding subd. (f) to read as follows:
f) Limitation on Number of Licenses
1) The number of licenses issued for refuse collection and hauling shall not exceed 10.
2) The number of licenses issued for recycling collection and hauling shall not exceed 6.
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.
First Consideration April 16, 2019
Second Consideration May 7, 2019
Date of Publication May 16, 2019
Date Ordinance takes effect May 16, 2019
Adopt by the City Council this 16th day of April, 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
April 16, 2019
Agenda Item
6. B. Second Consideration of Amendment to the City Code for the Addition of New Micromobility
Sharing Operations Section and Amendment the Master Fee Schedule
Prepared By
Maria Cisneros, City Attorney
Marc Nevinski, Physical Development Director
Sue Virnig, Finance Director
Summary
This is the second consideration of modifications to the City’s right of way management ordinance.
The proposed modifications relate to regulation of mobility sharing operations. The first
consideration was held on April 2, 2019. At the first consideration the Council expressed concerns
about the number of licensees and the length of the Licensing Agreement. In response to these
concerns, staff shortened the license agreement and added language to clarify that only two
licenses will be issued.
If Council adopts the ordinance, it will be effective upon publication. Thereafter, staff would begin
accepting applications and be ready to issue licenses by early May.
Attachments
Ordinance #661, Chapter 24 Streets, Sidewalks and Other Public Places, Article II. Right-Of-Way
Management adopting a new section 24-53 Mobility Sharing Operations and Amending the
Master Fee Schedule (4 pages)
License Agreement for Micromobility Sharing Operations underline/overstruck version ( pages)
License Agreement for Micromobility Sharing Operations (10 pages)
Summary of Ordinance #661 (1 page)
Recommended Action
Motion to adopt second consideration, Ordinance #661, amending the City Code by Adopting a new
Section entitled Micromobility Sharing Operations and amending the Master Fee Schedule.
Motion to approve Summary of Ordinance #661, for Publication based on the finding that the title
and summary clearly inform the public of the intent and effect of the ordinance.
ORDINANCE NO. 661
AN ORDINANCE AMENDING THE CITY CODE
Chapter 24 Streets, Sidewalks and Other Public Places, Article II. Right-Of-Way
Management adopting a new section 24-53 Mobility Sharing Operations
and Amending the Master Fee Schedule
The City Council of the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 24 Street, Sidewalks and Other Public Places, Article
II. Right-Of-Way Management is hereby amended by adding a new Section 24-53 to read
as follows:
Section 24-53 - Micromobility Sharing Operations
a) Definitions
1) "Impoundment" or “Impound” as used in this chapter means removal of a
micromobility vehicle to a storage facility or designated impound location by the City
or a licensed City contractor in response to authorization from a police officer, traffic
control agent, or other City employee who is designated by the director of public
works to act under this section.
2) License agreement or license as used in this section shall mean a written contract or
agreement issued by the City Manager or their designee, with approval by the City
Council.
3) Micromobility vehicle as used in this section shall include bicycles, electric-assisted
bicycles, motorized foot scooters, and any other transportation device identified as a
micromobility vehicle pursuant to City Council action. A current list of all micromobility
vehicles included in this definition shall be kept on file by the City Manager or their
designee, and will be made readily available for public inspection.
4) Micromobility sharing or micromobility sharing operation as used in this section shall
mean any rental or lending service that:
a. Allows riders to temporarily use micromobility vehicles available from a fleet in
exchange for a fee or other form of direct or indirect compensation; and
b. Encourages, allows, or is susceptible to micromobility vehicle vending, renting, or
lending from City-maintained right-of-way or other City property.
b) License Agreement Required
1) Notwithstanding any other provision to the contrary, no person shall engage in the
business of micromobility sharing from City-maintained right-of-way or other City
property without a valid license agreement with the City.
2) Any micromobility vehicle that is part of a micromobility sharing operation not
authorized by a license agreement under this section shall be deemed an
Ordinance No. 661 -2- April 16, 2019
unpermitted micromobility vehicle. Any person in possession of an unpermitted
micromobility vehicle may ride such micromobility vehicle into and through the City,
subject to all applicable state and local laws and rules. All unpermitted micromobility
vehicle must be attended by the same user at all times while on City-maintained
right-of-way or other City property. As used in this article, "attended" means a readily
identifiable user is located within five (5) feet of the micromobility vehicle.
c) Control Of Right-Of-Way
License agreements issued pursuant to this chapter shall not operate so as to transfer
ownership or control of the public right-of-way to micromobility sharing operators, or to
any other party.
d) Compliance with Laws
Micromobility sharing operators and consumers shall comply with all applicable federal,
state, and local laws, as they may be amended from time to time. The operation of a
micromobility vehicle upon a public street, alley, highway, sidewalk, or other public
property in the City shall be governed by the corresponding provisions of Minn. Stat.,
Chapter 169.
e) Attachment Of Micromobility Vehicles Prohibited
Micromobility vehicles that are part of any micromobility sharing operation shall not, for
any length of time, be secured, attached, or connected to a bicycle rack, or any other
immovable object with a lock unless expressly permitted under a valid license
agreement.
f) Enforcement
1) Micromobility vehicles may be deemed to be part of a micromobility sharing operation
based on any of the following: marketing or advertising associated with a business
logo attached to the vehicle; marketing or advertising associated with the overall
appearance of the vehicle; the existence of a locking mechanism that can be
unlocked for a fee or other form of direct or indirect compensation; or any other
indicator that would lead a reasonable person to believe that the vehicle is used for
micromobility sharing as defined in this section.
2) Any micromobility vehicle deemed to be part of a micromobility sharing operation that
is found illegally parked, or otherwise in violation of this section or the terms of a valid
City license agreement, shall be subject to impoundment under subsection (g) herein.
3) Any micromobility vehicle deemed to be part of a micromobility sharing operation that
is left unattended on private property shall be subject to impoundment under
subsection (g) herein. Impoundment shall not occur unless and until a qualifying
request to remove the bicycle is made by the owner or authorized representative of
such property.
4) In addition to any other remedy available at equity or law, failure to comply with the
provisions of this section, or with the terms of any license agreement issued pursuant
hereto, may result in impoundment as provided in this section, license termination,
suspension or cancellation, administrative fines, restrictions, or other penalties as
provided herein.
Ordinance No. 661 -3- April 16, 2019
g) Impounding Authorized
1) Micromobility vehicles may be impounded by any traffic officer or duly authorized
City employee because:
a. The micromobility vehicle was found improperly attached in violation of subsection
e) herein.
b. The micromobility vehicle was found unattended and blocking traffic or public
infrastructure, or otherwise compromising public safety.
c. The micromobility vehicle is part of an unpermitted micromobility vehicle sharing
operation or is found in violation of one or more provisions of this section.
d. The micromobility vehicle is found in violation of one or more of the terms of a
contract or license issued under subsection (b) herein.
2) All micromobility vehicles found in violation of this section are subject to
impoundment without warning.
3) Not more than seventy-two (72) hours after impoundment of any micromobility
vehicle, the City shall provide written notice to the owner of the micromobility vehicle,
as disclosed by readily identifiable owner contact information attached to the
micromobility vehicle. The notice shall be sent by either electronic or US mail. The
notice shall contain the full particulars of the impoundment and redemption process.
If a micromobility vehicle is redeemed prior to the submission of notice, or if the City
is unable to readily identify the owner, then notice need not be sent. Saturdays,
Sundays and City holidays are to be excluded from the calculation of the seventy-
two-hour period.
4) All micromobility vehicles impounded under this section shall be subject to an
impounded fee that is sufficient to offset the City’s costs of enforcement and
storage for each such micromobility vehicle.
h) Sale of Impounded Micromobility Vehicles.
Any micromobility vehicle lawfully coming into the possession of the City and remaining
unclaimed by the owner for a period of at least thirty (30) days may be sold to the
highest bidder at public auction or sale following reasonable published notice.
Section 2. The 2019 Master Fee Schedule is hereby amended by adding the
following new Micromobility Fees:
Impound Fee (per device) $ 56.00
Storage Fee (per device) $ 18.00 per day (24 hours)
License Fee (each year) $ 250.00
The Master Fee Schedule is reviewed annually and fees may be revised as
needed.
Ordinance No. 661 -4- April 16, 2019
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.
First Consideration April 2, 2019
Second Consideration April 16, 2019
Date of Publication April 25, 2019
Date Ordinance takes effect April 25, 2019
Adopt by the City Council this 16th day of April, 2019.
s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
s/Kristine A. Luedke
Kristine A. Luedke, City Clerk
1
LICENSE AGREEMENT
MICROMOBILITY VEHICLE SHARING OPERATIONS
THIS AGREEMENT, made as of the ___ day of ____, 2019 by and between the City of
Golden Valley, a Minnesota municipal corporation (the “City”) and [NAME OF COMPANY], a
STATE OF INCORPORTION] corporation (herein called “Licensee”) (collectively, the “Parties”).
WHEREAS, the City has adopted an ordinance to facilitate and regulate Micromobility
Vehicle Sharing Operations from the City’s Right-of-Way (the “Ordinance”); and
WHEREAS,the City controls certain public rights of way and recreational trails located
within its municipal boundaries (the “City Right-of-Way”); and has adopted an ordinance to facilitate
and regulate Micromobility Vehicle Sharing Operations from the City’s Right-of-Way (the
Ordinance”); and
WHEREAS,the City Right-of-Way contemplated by this Agreement does not cover areas that
are not controlled by the City, including but not limited to, all streets, roads, trails, or parkways owned by
the Three Rivers Park District, the Minneapolis Park and Recreation Board, and private property owners;
and
WHEREAS, Licensee owns a fleet of commercial, Micromobility Vehicles intended or
equipped for shared use by paying consumers from right-of-way locations in the City; and
WHEREAS, Licensee’s vehicles are Micromobility Vehicles as defined by the Ordinance; and
WHEREAS, Licensee’s operation requires use of City Right-of-Way to facilitate the stationing
and parking of Licensee’s Fleet within the City, and it is considered a Micromobility Vehicle Sharing
Operation under the Ordinance (“Licensee’s Operation”); and
WHEREAS, Licensee has submitted a written application to the City for a license to
implement Licensee’s Operation under the provisions of the Ordinance;
WHEREAS,Licensee’s license application is incorporated andwhich is incorporated herein by
reference (“Licensee’s Application”); and
WHEREAS, allowing Micromobility Vehicle sharing operations to exist in the City
Right-of-Way is likely to promote the public’s health, safety, and welfare by encouraging efficient and
limited use of traditional motor vehicles, thereby reducing traffic volumes, noise, and air pollution;
and
WHEREAS, the City believes Micromobility Vehicle sharing has the potential to help achieve
the City’s goals around transportation mode share, equitable access, physical and environmental health,
and climate change; and
WHEREAS, the City must balance the benefits of Micromobility Vehicle sharing operations
with its duty to keep streets and sidewalks safe, orderly, and free of unregulated obstructions and
encumbrances; and
2
WHEREAS, this Agreement is intended to outline the terms and conditions under which
Licensee will be allowed to utilize the City Right-of-Way during the term of this Agreement.
NOW,THEREFORE,for and in consideration of the following terms and conditions,
the parties hereto agree as follows:
ARTICLE I. DEFINITIONS
Fleet Vehicle means a Micromobility Vehicle that is used by Licensee as part of Licensee’s1.
Micromobility Sharing Operation.
Furnishing Zone means the section of the sidewalk between the curb and the sidewalk clearzone2.
in which street furnishings and amenities, such as lighting, benches, newspaper kiosks, utility
poles, tree pits, and bicycle parking are provided.
Licensee’s Fleet means all Micromobility Vehicles under Licensee’s control that are intendedor3.
equipped for shared use by paying consumers from the City’s Right-of-Way.
Micromobility Vehicle has the meaning given to it in Golden Valley City Code, section4.
24-53(a)(3).
Micromobility Sharing Operation has the meaning given to it in Golden Valley City Code, section5.
24-53(a)(4).
Sidewalk Clear Zone means the accessible, primary pedestrian thoroughfare that runs parallelto6.
the street. The clear zone ensures that pedestrians have a safe, obstruction-free thoroughfare.
ARTICLE 2II. USE OF CITY RIGHT-OF-WAY
Authorization. In accordance with Golden Valley City Code, section 24-53, the City herebygrants1.
a revocable, non-exclusive license to Licensee to implement Licensee’s Operation within the City
Right-of-Way during the term of this Agreement, subject to all of the terms and conditions set
forth herein. This authorization is not a lease or an easement, and shall not be construed to transfer
any real property interest in the City Right-of-Way or other City property.
Additional Uses. Licensee expressly understands and agrees that this Agreement does notgrant2.
Licensee or its contactors the ability to exclude, or prohibit others from using, the City
Right-of-Way. Licensee further understands and agrees that the City holds its interest in the City
Right-of-Way in trust for the public, and that the City’s uses, needs, and obligations shall at all
times supersede Licensee’s privileges under this Agreement.
ARTICLE III. TERM
The term of this Agreement shall be through January 1, 2020, unless terminated earlier as provided
herein. The License set forth in this Agreement may be revoked or terminated at any time, for any
reason, in the sole discretion of the City upon twenty-four (24) hours written notice by the City to
Licensee. In the event of early termination or revocation, Licensee will be granted a reasonable period
of time in which to collect and remove Licensee’s Micromobility Vehicles, and any other facilities
owned by Licensee, and to restore the City Right-of-Way in accordance with Article VI, Section 4.
The provisions of Article VI, Section 9 herein shall survive revocation or termination of this
Agreement.
3
ARTICLE IV. TERMS AND CONDITIONS FOR USE OF CITY RIGHT-OF-WAY
Licensee agrees that it will implement Licensee’s Operation in accordance with the following terms
and conditions:
1. Fleet size and type
Licensee shall deploy and maintain in service a level of Micromobility Vehicles sufficienttoa.
satisfy the demand of the City’s residents and visitors. The City may require Licensee to
decrease the number of Micromobility Vehicles in its Fleet at any time.
A maximum total of 200 Micromobility Vehicles will be authorized by the City undertheb.
Ordinance among all licensees and the City will issue no more than two licenses. If more than
one license is issued by the City, then each permitted licensee shall be limited to an equal
number of Micromobility Vehicles to achieve the maximum total number allowed.
Notwithstanding Sections 1(a) and 1(b), the City reserves the right to unilaterally limitorc.
reduce the maximum number of Micromobility Vehicles in Licensee’s Fleet allowed under the
Ordinance and this Agreement. If such reduction is related to noncompliance issues governed
by this Agreement, then an equivalent reduction may not be applied to separately licensed third
parties.
The City will notify Licensee of any increases or decreases applicable to Licensee’s Fleetunderd.
this section by sending written or emailed notice under Article VI, Section 15 herein. Such
increases or decreases shall not require an amendment to this Agreement.
Licensee shall distribute its Fleet throughout the City in a manner that accounts forcitizene.
demand and is consistent with the parking requirements of Article IV, Section 3 herein.
Licensee shall not deploy MicrombilityMicromobility Vehicles at inappropriate densities and
shall monitor its Fleet density at least once every day and relocate vehicles as needed to comply
with these density requirements.
2. Fleet Scooter equipment, maintenance, and safety requirements
Licensee’s Fleet shall be equipped with equipment meeting all specifications, including butnota.
limited to brakes, reflectors, and lighting as set forth in Minnesota State Statute 169.225.
Licensee’s Fleet must be certified as safe to operate under any applicable standardbyb.
Underwriters Laboratories, or an equivalent safety rating.
Licensee’s Fleet shall have a unique identifier clearly displayed on each device in the formofc.
numbers or letters for the purposes of conveying or documenting parking or safety complaints,
and for auditing the quantity and type of devices in Licensee’s Fleet.
Licensee shall provide a comprehensive inventory of Licensee’s Fleet, including model, type,d.
and unique identifier to the City. Such inventory shall be proactively updated by the Licensee
within five (5) business days, if or when vehicles are added or removed from Licensee’s Fleet.
All vehicles in Licensee’s Fleet shall be equipped with both: a) a locking mechanism toprevente.
theft; and b) an operable mechanism to provide real-time location when a device is parked.
Licensee shall remain responsible for the maintenance of each vehicle in Licensee’s Fleet,f.
including but not limited to technology mechanisms, and locking systems.
Each vehicle in Licensee’s Fleet must visibly display Licensee’s logo or business name onbothg.
sides of the vehicle, together with a customer service phone number staffed from at least
7am-10pm on days Licensee’s Fleet is in service on City Right-of-Way. Licensee’s customer
service line shall accept voicemail at all other times to report parking or operational complaints,
and safety or maintenance concerns.
Licensee shall proactively remove any and all inoperable or unsafe vehicles from Licensee’sh.
Fleet within 12 hours of the initial onset of such condition.
4
Licensee agrees that it will maintain a multilingual website and mobile application whichshalli.
be available to the general public 24 hours per day, 7 days per week, including certain
languages as specified by the City.
Licensee’s website and mobile application must be fully accessible to persons withdisabilitiesj.
and accessible to screen readers, and all aspects of Licensee’s Operation must comply with
Section 508 of the United States Workforce Rehabilitation Act of 1973.
Licensee agrees that it will provide all users of Licensee’s Fleet of with a summaryofk.
instructions and laws regarding motorized foot scooter riding, parking, and operations including
those set forth in Golden Valley City Code Section 26-4, Minnesota State Statute 169.225, and
any other law or regulatory provision applicable to the operation or parking of Micromobility
Vehicles.
Licensee agrees that it will either require or recommend the use of helmets to all usersofl.
Licensee’s Fleet.
Licensee will keep and maintain a comprehensive and complete record of allMicromobilitym.
Vehicle collision reports received by Licensee or its contractor(s) during the term of this
Agreement. The record shall include day, time and location. A copy of such record shall be
provided to the City within two (2) business days of a written or emailed request.
If the City determines, in is sole discretion, that any of Licensee’s consumers or customershaven.
failed to comply with applicable laws governing the safe operation or parking of Licensee’s
vehicles, including but not limited to, breach of any current or future laws governing driver’s
license requirements, the use of helmets, operation on sidewalks, or parking requirements, or
have otherwise demonstrated a threat to public health, safety, or welfare, such determination
shall be grounds for termination of this Agreement.
3.Fleet Scooter Parking. All devices in Licensee’s Fleet shall comply with the following parking
rules and restrictions when located in the City Right-of-Way:
Fleet Vehicles must be parked upright and stabilized when not in use.a.
Sidewalk parking shall be limited to areas within the Furnishing Zone, outside thepedestrianb.
path of travel.
Fleet Vehicles must not be parked in any location or manner that will impede normalandc.
reasonable pedestrian traffic or access to:
Pedestrianrampsi.
Building/propertyentrancesii.
Drivewaysiii.
Loadingzonesiv.
Disability parking and transferzonesv.
Transitstopsvi.
Crosswalksvii.
Parkletsviii.
Street/sidewalkcafesix.
Other street furnishings (benches, parking meters, etc.)x.
Underground utility, sewer, or waterfacilitiesxi.
Sidewalk ClearZonesxii.
Fleet Vehicles shall not be parked in landscaped areas, traffic islands, in the street, in amannerd.
that obstructs the sightlines of any intersection, or in any place where they could pose a safety
hazard.
The City reserves the right to mandate geofencing specifications to Licensee’s Fleet in ordertoe.
prohibit parking/locking Fleet Vehicles in specified areas, or to direct users to specified
5
designated parking areas. Licensee shall comply with any and all geofencing requirements
within 5 business days of a written or emailed request made by the City. The cost of installing
and maintaining geofencing equipment or facilities shall be borne by Licensee.
Licensee will be solely responsible for informing its customers as to parking a FleetVehiclef.
properly.
Licensee will undertake proactive, reasonable measures to prevent and deter improperparkingg.
or dumping of Fleet Vehicles on private property or other public property not owned or
controlled by the City.
The City in, its sole discretion, may require Licensee to rebalance the distribution ofFleeth.
Vehicles in specified areas of the city if deemed too dense or too sparse. Licensee will comply
with all such requests within 24 hours of receiving notice from the City.
4. Fleet Vehicle Parking Complaints/Enforcement
Licensee must provide the City with an up-to-date, direct, local contact for Licensee’sa.
Operation, as well as an emergency, after-hours contact.
Except where the public’s safety and welfare will be unduly compromised, FleetVehicleb.
complaints received by the City shall be referred to Licensee, and Licensee or Licensee’s
authorized representative shall address/respond to all complaints within 24 hours by re-parking
or relocating its noncompliant Fleet Vehicles. Licensee alone will be fully responsible for
re-parking or relocating Fleet Scooters where a complaint has been received by the City or
Licensee, or where Fleet Scooters are otherwise found to be in violation of parking rules stated
herein.
Licensee shall be solely responsible for monitoring Fleet Vehicle parking or dumping onprivatec.
property, or other public property not owned or controlled by the City, but the City may
impound illegally parked Fleet Vehicles in accordance with City ordinances. When doing so
will not unduly burden the complaining third party, the City will refer such complaints to
Licensee, and Licensee or Licensee’s authorized representative will be provided a limited
opportunity to remedy the complaint without further City involvement.
Licensee will be solely responsible to third parties for addressing unauthorized FleetVehiclesd.
dumped or left unattended on private property, or on other public property not owned or
controlled by the City.
Licensee will act swiftly and exercise due diligence in responding to complaintsofe.
unauthorized Fleet Vehicles leaning against, blocking, dumped or left unattended on private
property, or on other public property not owned or controlled by the City.
Notwithstanding anything to the contrary herein, if the City determines, in its sole discretion,f.
that the public’s safety and welfare will be unduly compromised by the passage of time, the City
may take action to respond to any complaint at Licensee’s expense. If the City incurs any costs
or damages arising out of Fleet Vehicle parking complaints, violations, or other related costs
that are not otherwise recovered with the City’s collection of an impoundment release charge,
Licensee shall reimburse the City for such costs within 30 days of receiving written or emailed
notice.
The City may impound any Fleet Vehicle parked in the same location without movementforg.
more than 7 consecutive days.
A per occurrence impoundment fee will be applied to any and all devices owned orcontrolledh.
by Licensee as follows:
Initial impoundment fee of $56 perdevicei.
If not paid for and retrieved by Licensee within 24 hours of impoundment, an $18ii.
storage fee per device, per day shall be added to the initial impoundment fee.
The City may limit the number of Fleet Vehicles allowed under this Agreement if itdeterminesi.
6
that the number of Fleet Vehicle parking violations, third party complaints, or Licensee’s
response to such violations or complaints are unacceptable or detrimental to public safety, or
otherwise create or contribute to a nuisance condition.
Licensee expressly understands that the City may impound any and all Fleet Vehicles foundbyj.
the City to be in violation of applicable laws or the terms of this License Agreement. Seizure
and impoundment of Fleet Vehicles may be exercised by the City with or without prior notice
to Licensee.
Any failure by the City to act on the provisions of this section shall not relieve Licensee ofanyk.
other duty or penalty at equity or law.
5. Data Privacy and Protection
a.Licensee’s Operation shall employ an electronic payment system that is compliant with the
Payment Card Industry Data Security Standards (PCI DSS).
b.Licensee has submitted a privacy policy to the City with and as part of Licensee’s
Application (“Licensee’s Privacy Policy”). Licensee’s Privacy Policy shall continue to
expressly limit the collection, storage, or usage of all personally identifiable information.
c.Licensee may not make the personal data of customers available to any third-party
advertiser or other private entity. This provision includes but is not limited to any of
Licensee’s affiliates, owners, or subsidiaries.
d.Licensee shall not institute retroactive changes to customer conditions, terms of use or
Privacy Policy.
e.Licensee’s Privacy Policy must operate to safeguard Licensee’s customers’ personal,
financial, and travel information and usage including, but not limited to, trip origination
and destination data. Licensee agrees to make all policies, procedures and practices
regarding Licensee’s data security practices available to the City, upon request.
f.Licensee must provide its customers with an opportunity to expressly assent to Licensee’s
Privacy Policy, terms of service, and user agreements when renting or transacting for use
of any or all of Licensee’s Fleet. Licensee agrees to provide its customers with the ability
or option to decline the sharing of any data that is not otherwise required to complete the
payment transaction. Customer rights with regard to these requirements and options shall
be clearly stated and easily accessed by the customer during each transaction.
g.Licensee agrees that it will not collect or sort personal or individual data related to race,
gender, religion, national origin, age, or sexual orientation.
h.Any and all current or future customer data sharing agreements must be disclosed and
provided to the City. License must further notify the City in advance of any prospective
partnership, acquisition or other data sharing agreement. Licensee may not engage in or
facilitate any inter-app operability or other form of private partnership that includes data
acquisition or other data sharing model with any entity if the entity does not meet the
standards set forth herein.
6
5. Data Collection/Sharing
Licensee shall keep a record of maintenance activities, including but not limited toFleeta.
Vehicle identification number and maintenance performed. Licensee will provide a complete
copy of the same to the City upon request.
Licensee shall provide reports to the City containing, at a minimum, the performance,b.
utilization and service metrics indicated in Exhibit A. Licensee shall provide such reports at
least quarterly and shall cooperate with the City in the collection and analysis of aggregated
7
data concerning its operations.
c.Licensee shall keep a complete record of all calls and emails received through its customer
service hotline and contact email including telephone wait times, email response times, and
the nature of each customer inquiry. Licensee will provide a complete copy of the same to
the City upon request.
d.Licensee agrees that it will provide any and all user or customer data in Licensee’spossessionc.
that is directly or indirectly related to active investigations into third party criminal behavior or
claims of civil liability against the City by persons using or riding a Fleet Vehicle.
Notwithstanding any other provision to the contrary, this section (e) shall be deemed to include
personally identifiable customer data.
ARTICLE V. PAYMENT TERMS AND CONDITIONS
Licensee shall receive no compensation from the City under this Agreement. Licensee shall pay the
City an annual flat charge of $250.00 to offset the City’s administrative costs related to implementation
and oversight of this License Agreement.
ARTICLE VI. REPRESENTATIONS AND GENERAL CONDITIONS
1.Ownership and Condition of Right-of-Way. This Agreement shall not be construed to transfer
ownership or control of the City’s Right-of-Way to Licensee, or to any other party. The City makes no
representations or warranties concerning the condition of the City Right-of-Way, or its suitability for
use by Licensee, its contractors or customers.
2.Delegation of Police Power. This Agreement does not delegate or otherwise transfer the City’s
police power to regulate Micromobility Vehicles, Licensee’s Operation, or to enforce City ordinances or
other laws, to Licensee, or to any other party. Licensee understands and agrees that ultimate decisions
related to City enforcement against third parties and public compliance issues, shall remain within the
City’s sole discretion.
3.Compliance with Laws. Licensee agrees to comply with all applicable Federal, State, and local
laws as they may be adopted or amended from time to time. Licensee further acknowledges that its
rights hereunder are subject to the lawful exercise of the police power of the City to adopt, amend, and
enforce ordinances, resolutions, and policies designed to promote the safety and welfare of the public.
4.Removal upon order.Licensee shall remove at once any or all Fleet Vehicles or other property
owned or controlled by Licensee upon being ordered to do so by the City. Licensee shall be
responsible for restoring the City Right-of-Way to its original condition, and the City shall not be liable
for any damages resulting to Licensee by reason of such an order. Such removal and restoration of the
City Right-of-Way will be at the sole expense of Licensee. Upon failure of Licensee to remove Fleet
Vehicles or other property as ordered within a reasonable time period, the City may perform the
removal or work at Licensee’s cost and initiate a claim against Licensee.
5. Non-Discrimination. Licensee shall not:
In the hiring of labor or employees for the performance of any work under this Agreement, bya.
reason of any race, creed, color, national origin, sex, gender identity, sexual orientation, or
disability discriminate against any person who is qualified and available to perform the work;
8
In any manner, discriminate against, intimidate, or prevent the employment of anypersonb.
identified in clause (a) of this section, or on being hired, prevent or conspire to prevent, the
person from the performance of any work under this Agreement on account of any race, creed,
color, national origin, sex, gender identity, sexual orientation, or disability; or
Intentionally refuse to do business with, refuse to contract with, or discriminate in thebasicc.
terms, conditions, or performance of any agreement related to the work to be performed under
this Agreement because of a person’s race, creed, color, national origin, sex, gender identity,
sexual orientation, or disability, unless the alleged refusal is because of a legitimate business
purpose.
6.Insurance. Licensee shall secure and maintain insurance issued by insurance companies acceptable
to the City and admitted in Minnesota. The insurance specified may be in a policy or policies of
insurance, primary or excess. Such insurance shall be in force on the date of execution of the
Agreement and shall remain continuously in force for the duration of this Agreement. Licensee and
any sub-contractors carrying out work related to this Agreement shall secure and maintain the
following insurance:
Workers Compensation insurance that meets the statutory obligations with Coverage B-a.
Employers Liability limits of at least $100,000 each accident, $500,000 disease - policy limit
and $100,000 disease each employee.
Commercial General Liability insurance with limits of at least $2,000,000 general aggregate,b.
2,000,000 products-completed operations, $2,000,000 personal and advertising injury,
100,000 each occurrence fire damage and $10,000 medical expense any one person. The policy
shall be on an occurrence basis, shall include contractual liability coverage and the City shall be
named an additional insured.
Commercial Automobile Liability insurance covering all owned, non-owned andhiredc.
automobiles with full automobile coverage including damages, contents and vandalism and
limits of at least $1,000,000 per accident.
Computer Security and Privacy Liability for the duration of this agreement providingcoveraged.
for, but not limited to, Technology and Internet Errors & Omissions, Security and Privacy
Liability, and Media Liability. Insurance will provide coverage against claims that arise from
the disclosure of private information from files including but not limited to: 1) intentional,
fraudulent or criminal acts of the Contractor, its agents or employees; and 2) breach of the City’s
private data, whether electronic or otherwise. The insurance policy should provide minimum
coverage in the amount of $1,000,000 per occurrence and $2,000,000 annual aggregate. If
written on a claims-made basis, the policy must remain in continuous effect for at least 3 years
after the service is provided or include a 3 year extended reporting period.
Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of Licensee.
Any policy deductibles or retention shall be the responsibility of Licensee. Licensee shall control any
special or unusual hazards and be responsible for any damages that result from those hazards. The City
does not represent that the insurance requirements are sufficient to protect LienseeLicensee’s interest or
provide adequate coverage. Each policy shall be endorsed to state that coverage shall not be
suspended, voided, or cancelled by either party, or reduced in coverage or in limits unless 30 daysday’s
written notice has been given to the City. Each policy shall be endorsed with a waiver of subrogation in
9
favor of the City and shall be primary, non-contributory to any insurance available to the City. Any
insurance available in excess of the minimum limits required herein shall be available to the City.
7.Hold Harmless. Licensee agrees to defend, indemnify and hold harmless the City, its officers and
employees, from any liabilities, claims, damages, costs, judgments, and expenses, including reasonable
attorneys’ fees, resulting directly or indirectly from any intentional or negligent act or omission of
Licensee, its employees, its agents, or employees of subcontractors, in the performance of the
operation, work, or services provided by or through this License Agreement, or by reason of the failure
of Licensee to fully perform, in any respect, any of its obligations under this License Agreement.
8.Limitation of Liability. The City assumes no liability for loss or damage to Licensee’s Fleet Vehicles
or other property or for damages to any third-party or the property of another arising out of or in any
way relating to or resulting from Licensee’s operations. The City shall not be responsible for providing
security for Licensee’s Fleet Vehicles and Licensee hereby waives any claim against the City in the
event Licensee’s Fleet Vehicles or other property are lost or damaged.
9.Maintenance and Care of Property. Licensee expressly agrees to repair, replace or otherwise restore
any part or item of real or personal property that is damaged, lost, or destroyed as a result of Licensee’s
Operation. Should Licensee fail to repair, replace, or otherwise restore such real or personal property,
Licensee shall pay the City’s reasonable costs in making such repairs, replacements or restorations.
10.Assignment or Transfer of Interest. Licensee shall not assign any obligation or interest in this
Agreement, and shall not transfer any obligation or interest in the same either by assignment or
novation without the prior written approval of the City, provided, however, that claims for money due
or to income due to the Licensee may be assigned to a bank, trust company or other financial
institution, or to a Trustee in Bankruptcy without such approval. Notice of any such assignment or
transfer shall be furnished to the City. Except as provided herein, Licensee shall not subcontract any
services under this Agreement without prior written approval of the City.
11.Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed
in any manner, as creating or establishing the relationship of employer/employee between the parties.
License shall at all times remain an independent contractor with respect to the work and/or services to
be performed under this Agreement. Any and all employees of Licensee or other persons engaged in
the performance of any work or services required by Licensee under this Agreement shall be
considered employees or sub-contractors of the Licensee only and not of the City; and any and all
claims that might arise, including Worker's Compensation claims under the Worker's Compensation
Act of the State of Minnesota or any other state, on behalf of said employees or other persons while so
engaged in any of the work or services to be rendered or provided herein, shall be the sole obligation
and responsibility of Licensee.
12.Data Practices & Records. Licensee agrees to comply with the Minnesota Government Data
Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality.
Licensee must immediately report to the City any requests from third parties for information relating to
this License Agreement. The City agrees to promptly respond to inquiries from Licensee concerning
data requests. Licensee agrees to hold the City, its officers, and employees harmless from any claims
resulting from Licensee’s unlawful disclosure or use of data protected under state and federal laws.
10
13.Inspection of Records. All Licensee records with respect to Licensee’s obligations under this
License Agreement shall be made available to the City or its designees, at any time during normal
business hours, as often as the City deems necessary, to audit, examine, and make excerpts or
transcripts of all relevant data.
14.Ownership of Materials/Intellectual Property. All finished or unfinished documents, data, studies,
surveys, maps, models, photographs, reports or other materials furnished by the City in connection with
this Agreement shall be the property of the City. The City may use, extend, or enlarge any document
produced by the City under this Agreement without the consent, permission of, or further compensation
to Licensee.
Each party acknowledges and agrees that each party is the sole and exclusive owner of all right, title,
and interest in and to its services, products, software, source and object code, specifications, designs,
techniques, concepts, improvements, discoveries and inventions including all intellectual property
rights thereto, including without limitations any modifications, improvements, or derivative works
thereof, created prior to, or independently, during the term of this Contract. This Agreement does not
affect the ownership of each party’s pre-existing, intellectual property. Each party further
acknowledges that it acquires no rights under this Agreement to the other party’s pre-existing
intellectual property, other than any limited right explicitly granted in this Agreement.
15.Contacts. The following are designated as official representatives for each of the Parties, and as
points of contact for purposes of delivering or receiving notice, contract management, official requests,
and all other communication contemplated under this License Agreement:
For the City: Marc Nevinski
mnevinski@goldenvalleymn.gov
763)593-8008
7800 Golden Valley Road
Golden Valley, MN 55427
For Licensee:
16.Entire Agreement. This License Agreement and attachments and other documents named, is the
entire agreement between the parties. No modification of this Agreement shall be valid or effective
unless made in writing and signed by the parties hereto.
17. Interpretation of Agreement. In interpretation of this Agreement, the language of the Agreement
shall prevail, followed by the language of Licensee’s Application.
18.Venue and Forum. The laws of the State of Minnesota shall govern the interpretation and
enforcement of this Agreement and any actions arising out of or relating to this Agreement shall be
brought in Hennepin County District Court in the state of Minnesota.
19.No Joint Venture. Nothing herein shall be in any way construed as expressing or implying that
Licensee and the City have joined together in any joint venture or are in any manner agreeing to or
contemplating the sharing of profits and losses among themselves in relation to any matter relating to
this Agreement.
IN TESTIMONY WHEREOF,the said parties have signed and executed this instrument the day and
year first above written.
LICENSEE CITY OF GOLDEN VALLEY
By: ____________________________________
Its:_____________________________________
By: ___________________________________
Its:____________________________________
11
Exhibit A: Reporting Requirements
The following performance indicators shall be reported to the City at the indicated frequency.
Performance
Indicator
Description Measurement Tool Reporting
Frequency
App & customer
service support portal
Reservation system fully
operational
Uptime reporting quarterly
Vehicle distribution Maps identifying trends
in peak vehicle
distribution
Maps showing aggregate
usage patterns
quarterly
Vehicles in service Vehicles in service Daily uptime reports quarterly
Report-responsive Response time to
incident reports
Log showing length of
time between reported
incident and Licensee
response
quarterly
1
LICENSE AGREEMENT
MICROMOBILITY VEHICLE SHARING OPERATIONS
THIS AGREEMENT, made as of the ___ day of ____, 2019 by and between the City of Golden
Valley, a Minnesota municipal corporation (the “City”) and [NAME OF COMPANY], a [STATE OF
INCORPORTION] corporation (herein called “Licensee”) (collectively, the “Parties”).
WHEREAS, the City controls certain public rights of way and recreational trails located within
its municipal boundaries (the “City Right-of-Way”) and has adopted an ordinance to facilitate and
regulate Micromobility Vehicle Sharing Operations from the City’s Right-of-Way (the “Ordinance”);
and
WHEREAS, the City Right-of-Way contemplated by this Agreement does not cover areas that
are not controlled by the City, including but not limited to, all streets, roads, trails, or parkways owned by
the Three Rivers Park District, the Minneapolis Park and Recreation Board, and private property owners;
and
WHEREAS, Licensee owns a fleet of commercial, Micromobility Vehicles intended or
equipped for shared use by paying consumers from right-of-way locations in the City; Licensee’s
vehicles are Micromobility Vehicles as defined by the Ordinance; and
WHEREAS, Licensee’s operation requires use of City Right-of-Way to facilitate the stationing
and parking of Licensee’s Fleet within the City, and it is considered a Micromobility Vehicle Sharing
Operation under the Ordinance (“Licensee’s Operation”) Licensee has submitted a written application
to the City for a license to implement Licensee’s Operation under the provisions of the Ordinance,
which is incorporated herein by reference (“Licensee’s Application”); and
WHEREAS, allowing Micromobility Vehicle sharing operations to exist in the City Right-of-
Way is likely to promote the public’s health, safety, and welfare by encouraging efficient and limited
use of traditional motor vehicles, thereby reducing traffic volumes, noise, and air pollution; and the City
believes Micromobility Vehicle sharing has the potential to help achieve the City’s goals around
transportation, equitable access, physical and environmental health, and climate change; and
WHEREAS, the City must balance the benefits of Micromobility Vehicle sharing operations
with its duty to keep streets and sidewalks safe, orderly, and free of unregulated obstructions and
encumbrances; and
WHEREAS, this Agreement is intended to outline the terms and conditions under which
Licensee will be allowed to utilize the City Right-of-Way during the term of this Agreement.
NOW, THEREFORE, for and in consideration of the following terms and conditions, the
parties hereto agree as follows:
2
ARTICLE I. DEFINITIONS
1. Fleet Vehicle means a Micromobility Vehicle that is used by Licensee as part of Licensee’s
Micromobility Sharing Operation.
2. Furnishing Zone means the section of the sidewalk between the curb and the sidewalk clear zone in
which street furnishings and amenities, such as lighting, benches, newspaper kiosks, utility poles,
tree pits, and bicycle parking are provided.
3. Licensee’s Fleet means all Micromobility Vehicles under Licensee’s control that are intended or
equipped for shared use by paying consumers from the City’s Right-of-Way.
4. Micromobility Vehicle has the meaning given to it in Golden Valley City Code, section 24-53(a)(3).
5. Micromobility Sharing Operation has the meaning given to it in Golden Valley City Code, section
24-53(a)(4).
6. Sidewalk Clear Zone means the accessible, primary pedestrian thoroughfare that runs parallel to the
street. The clear zone ensures that pedestrians have a safe, obstruction-free thoroughfare.
ARTICLE II. USE OF CITY RIGHT-OF-WAY
1. Authorization. In accordance with Golden Valley City Code, section 24-53, the City hereby grants
a revocable, non-exclusive license to Licensee to implement Licensee’s Operation within the City
Right-of-Way during the term of this Agreement, subject to all of the terms and conditions set forth
herein. This authorization is not a lease or an easement, and shall not be construed to transfer any
real property interest in the City Right-of-Way or other City property.
2. Additional Uses. Licensee expressly understands and agrees that this Agreement does not grant
Licensee or its contactors the ability to exclude, or prohibit others from using, the City Right-of-
Way. Licensee further understands and agrees that the City holds its interest in the City Right-of-
Way in trust for the public, and that the City’s uses, needs, and obligations shall at all times
supersede Licensee’s privileges under this Agreement.
ARTICLE III. TERM
The term of this Agreement shall be through January 1, 2020, unless terminated earlier as provided
herein. The License set forth in this Agreement may be revoked or terminated at any time, for any
reason, in the sole discretion of the City upon twenty-four (24) hours written notice by the City to
Licensee. In the event of early termination or revocation, Licensee will be granted a reasonable period
of time in which to collect and remove Licensee’s Micromobility Vehicles, and any other facilities
owned by Licensee, and to restore the City Right-of-Way in accordance with Article VI, Section 4. The
provisions of Article VI, Section 9 herein shall survive revocation or termination of this Agreement.
ARTICLE IV. TERMS AND CONDITIONS FOR USE OF CITY RIGHT-OF-WAY
Licensee agrees that it will implement Licensee’s Operation in accordance with the following terms and
conditions:
1. Fleet size and type
a. Licensee shall deploy and maintain in service a level of Micromobility Vehicles sufficient to
satisfy the demand of the City’s residents and visitors. The City may require Licensee to decrease
3
the number of Micromobility Vehicles in its Fleet at any time.
b. A maximum total of 200 Micromobility Vehicles will be authorized by the City under the
Ordinance among all licensees and the City will issue no more than two licenses. If more than
one license is issued by the City, then each permitted licensee shall be limited to an equal number
of Micromobility Vehicles to achieve the maximum total number allowed.
c. Notwithstanding Sections 1(a) and 1(b), the City reserves the right to unilaterally limit or reduce
the maximum number of Micromobility Vehicles in Licensee’s Fleet allowed under the
Ordinance and this Agreement. If such reduction is related to noncompliance issues governed
by this Agreement, then an equivalent reduction may not be applied to separately licensed third
parties.
d. The City will notify Licensee of any increases or decreases applicable to Licensee’s Fleet under
this section by sending written or emailed notice under Article VI, Section 15 herein. Such
increases or decreases shall not require an amendment to this Agreement.
e. Licensee shall distribute its Fleet throughout the City in a manner that accounts for citizen
demand and is consistent with the parking requirements of Article IV, Section 3 herein. Licensee
shall not deploy Micromobility Vehicles at inappropriate densities and shall monitor its Fleet
density at least once every day and relocate vehicles as needed to comply with these density
requirements.
2. Fleet Scooter equipment, maintenance, and safety requirements
a. Licensee’s Fleet shall be equipped with equipment meeting all specifications, including but not
limited to brakes, reflectors, and lighting as set forth in Minnesota State Statute 169.225.
b. Licensee’s Fleet must be certified as safe to operate under any applicable standard by
Underwriters Laboratories, or an equivalent safety rating.
c. Licensee’s Fleet shall have a unique identifier clearly displayed on each device in the form of
numbers or letters for the purposes of conveying or documenting parking or safety complaints,
and for auditing the quantity and type of devices in Licensee’s Fleet.
d. Licensee shall provide a comprehensive inventory of Licensee’s Fleet, including model, type,
and unique identifier to the City. Such inventory shall be proactively updated by the Licensee
within five (5) business days, if or when vehicles are added or removed from Licensee’s Fleet.
e. All vehicles in Licensee’s Fleet shall be equipped with both: a) a locking mechanism to prevent
theft; and b) an operable mechanism to provide real-time location when a device is parked.
f. Licensee shall remain responsible for the maintenance of each vehicle in Licensee’s Fleet,
including but not limited to technology mechanisms, and locking systems.
g. Each vehicle in Licensee’s Fleet must visibly display Licensee’s logo or business name on both
sides of the vehicle, together with a customer service phone number staffed from at least 7am-
10pm on days Licensee’s Fleet is in service on City Right-of-Way. Licensee’s customer service
line shall accept voicemail at all other times to report parking or operational complaints, and
safety or maintenance concerns.
h. Licensee shall proactively remove any and all inoperable or unsafe vehicles from Licensee’s
Fleet within 12 hours of the initial onset of such condition.
i. Licensee agrees that it will maintain a multilingual website and mobile application which shall
be available to the general public 24 hours per day, 7 days per week.
j. Licensee’s website and mobile application must be fully accessible to persons with disabilities
and accessible to screen readers, and all aspects of Licensee’s Operation must comply with
Section 508 of the United States Workforce Rehabilitation Act of 1973.
k. Licensee agrees that it will provide all users of Licensee’s Fleet of with a summary of instructions
and laws regarding motorized foot scooter riding, parking, and operations including those set
forth in Golden Valley City Code Section 26-4, Minnesota State Statute 169.225, and any other
law or regulatory provision applicable to the operation or parking of Micromobility Vehicles.
4
l. Licensee agrees that it will either require or recommend the use of helmets to all users of
Licensee’s Fleet.
m. Licensee will keep and maintain a comprehensive and complete record of all Micromobility
Vehicle collision reports received by Licensee or its contractor(s) during the term of this
Agreement. The record shall include day, time and location. A copy of such record shall be
provided to the City within two (2) business days of a written or emailed request.
n. If the City determines, in is sole discretion, that any of Licensee’s consumers or customers have
failed to comply with applicable laws governing the safe operation or parking of Licensee’s
vehicles, including but not limited to, breach of any current or future laws governing driver’s
license requirements, the use of helmets, operation on sidewalks, or parking requirements, or
have otherwise demonstrated a threat to public health, safety, or welfare, such determination shall
be grounds for termination of this Agreement.
3. Fleet Scooter Parking. All devices in Licensee’s Fleet shall comply with the following parking rules
and restrictions when located in the City Right-of-Way:
a. Fleet Vehicles must be parked upright and stabilized when not in use.
b. Sidewalk parking shall be limited to areas within the Furnishing Zone, outside the pedestrian
path of travel.
c. Fleet Vehicles must not be parked in any location or manner that will impede normal and
reasonable pedestrian traffic or access to:
i. Pedestrian ramps
ii. Building/property entrances
iii. Driveways
iv. Loading zones
v. Disability parking and transfer zones
vi. Transit stops
vii. Crosswalks
viii. Parklets
ix. Street/sidewalk cafes
x. Other street furnishings (benches, parking meters, etc.)
xi. Underground utility, sewer, or water facilities
xii. Sidewalk Clear Zones
d. Fleet Vehicles shall not be parked in landscaped areas, traffic islands, in the street, in a manner
that obstructs the sightlines of any intersection, or in any place where they could pose a safety
hazard.
e. The City reserves the right to mandate geofencing specifications to Licensee’s Fleet in order to
prohibit parking/locking Fleet Vehicles in specified areas, or to direct users to specified
designated parking areas. Licensee shall comply with any and all geofencing requirements within
5 business days of a written or emailed request made by the City. The cost of installing and
maintaining geofencing equipment or facilities shall be borne by Licensee.
f. Licensee will be solely responsible for informing its customers as to parking a Fleet Vehicle
properly.
g. Licensee will undertake proactive, reasonable measures to prevent and deter improper parking
or dumping of Fleet Vehicles on private property or other public property not owned or controlled
by the City.
h. The City in, its sole discretion, may require Licensee to rebalance the distribution of Fleet
Vehicles in specified areas of the city if deemed too dense or too sparse. Licensee will comply
with all such requests within 24 hours of receiving notice from the City.
5
4. Fleet Vehicle Parking Complaints/Enforcement
a. Licensee must provide the City with an up-to-date, direct, local contact for Licensee’s Operation,
as well as an emergency, after-hours contact.
b. Except where the public’s safety and welfare will be unduly compromised, Fleet Vehicle
complaints received by the City shall be referred to Licensee, and Licensee or Licensee’s
authorized representative shall address/respond to all complaints within 24 hours by re-parking
or relocating its noncompliant Fleet Vehicles. Licensee alone will be fully responsible for re-
parking or relocating Fleet Scooters where a complaint has been received by the City or Licensee,
or where Fleet Scooters are otherwise found to be in violation of parking rules stated herein.
c. Licensee shall be solely responsible for monitoring Fleet Vehicle parking or dumping on private
property, or other public property not owned or controlled by the City, but the City may impound
illegally parked Fleet Vehicles in accordance with City ordinances. When doing so will not
unduly burden the complaining third party, the City will refer such complaints to Licensee, and
Licensee or Licensee’s authorized representative will be provided a limited opportunity to
remedy the complaint without further City involvement.
d. Licensee will be solely responsible to third parties for addressing unauthorized Fleet Vehicles
dumped or left unattended on private property, or on other public property not owned or
controlled by the City.
e. Licensee will act swiftly and exercise due diligence in responding to complaints of unauthorized
Fleet Vehicles leaning against, blocking, dumped or left unattended on private property, or on
other public property not owned or controlled by the City.
f. Notwithstanding anything to the contrary herein, if the City determines, in its sole discretion, that
the public’s safety and welfare will be unduly compromised by the passage of time, the City may
take action to respond to any complaint at Licensee’s expense. If the City incurs any costs or
damages arising out of Fleet Vehicle parking complaints, violations, or other related costs that
are not otherwise recovered with the City’s collection of an impoundment release charge,
Licensee shall reimburse the City for such costs within 30 days of receiving written or emailed
notice.
g. The City may impound any Fleet Vehicle parked in the same location without movement for
more than 7 consecutive days.
h. A per occurrence impoundment fee will be applied to any and all devices owned or controlled by
Licensee as follows:
i. Initial impoundment fee of $56 per device
ii. If not paid for and retrieved by Licensee within 24 hours of impoundment, an $18
storage fee per device, per day shall be added to the initial impoundment fee.
i. The City may limit the number of Fleet Vehicles allowed under this Agreement if it determines
that the number of Fleet Vehicle parking violations, third party complaints, or Licensee’s
response to such violations or complaints are unacceptable or detrimental to public safety, or
otherwise create or contribute to a nuisance condition.
j. Licensee expressly understands that the City may impound any and all Fleet Vehicles found by
the City to be in violation of applicable laws or the terms of this License Agreement. Seizure and
impoundment of Fleet Vehicles may be exercised by the City with or without prior notice to
Licensee.
k. Any failure by the City to act on the provisions of this section shall not relieve Licensee of any
other duty or penalty at equity or law.
5. Data Collection/Sharing
a. Licensee shall keep a record of maintenance activities, including but not limited to Fleet Vehicle
identification number and maintenance performed. Licensee will provide a complete copy of the
same to the City upon request.
6
b. Licensee shall provide reports to the City containing, at a minimum, the performance, utilization
and service metrics indicated in Exhibit A. Licensee shall provide such reports at least quarterly
and shall cooperate with the City in the collection and analysis of aggregated data concerning its
operations.
c. Licensee agrees that it will provide any and all user or customer data in Licensee’s possession
that is directly or indirectly related to active investigations into third party criminal behavior or
claims of civil liability against the City by persons using or riding a Fleet Vehicle.
Notwithstanding any other provision to the contrary, this section (e) shall be deemed to include
personally identifiable customer data.
ARTICLE V. PAYMENT TERMS AND CONDITIONS
Licensee shall receive no compensation from the City under this Agreement. Licensee shall pay the City
an annual flat charge of $250.00 to offset the City’s administrative costs related to implementation and
oversight of this License Agreement.
ARTICLE VI. REPRESENTATIONS AND GENERAL CONDITIONS
1. Ownership and Condition of Right-of-Way. This Agreement shall not be construed to transfer
ownership or control of the City’s Right-of-Way to Licensee, or to any other party. The City makes no
representations or warranties concerning the condition of the City Right-of-Way, or its suitability for
use by Licensee, its contractors or customers.
2. Delegation of Police Power. This Agreement does not delegate or otherwise transfer the City’s police
power to regulate Micromobility Vehicles, Licensee’s Operation, or to enforce City ordinances or other
laws, to Licensee, or to any other party. Licensee understands and agrees that ultimate decisions related
to City enforcement against third parties and public compliance issues, shall remain within the City’s
sole discretion.
3. Compliance with Laws. Licensee agrees to comply with all applicable Federal, State, and local laws
as they may be adopted or amended from time to time. Licensee further acknowledges that its rights
hereunder are subject to the lawful exercise of the police power of the City to adopt, amend, and enforce
ordinances, resolutions, and policies designed to promote the safety and welfare of the public.
4. Removal upon order. Licensee shall remove at once any or all Fleet Vehicles or other property owned
or controlled by Licensee upon being ordered to do so by the City. Licensee shall be responsible for
restoring the City Right-of-Way to its original condition, and the City shall not be liable for any damages
resulting to Licensee by reason of such an order. Such removal and restoration of the City Right-of-
Way will be at the sole expense of Licensee. Upon failure of Licensee to remove Fleet Vehicles or other
property as ordered within a reasonable time period, the City may perform the removal or work at
Licensee’s cost and initiate a claim against Licensee.
5. Non-Discrimination. Licensee shall not:
a. In the hiring of labor or employees for the performance of any work under this Agreement, by
reason of any race, creed, color, national origin, sex, gender identity, sexual orientation, or
disability discriminate against any person who is qualified and available to perform the work;
7
b. In any m anner, discriminate against, intimidate, or prevent the employment of any person
identified in clause (a) of this section, or on being hired, prevent or conspire to prevent, the person
from the performance of any work under this Agreement on account of any race, creed, color,
national origin, sex, gender identity, sexual orientation, or disability; or
c. Intentionally refuse to do business with, refuse to contract with, or discriminate in the basic terms,
conditions, or performance of any agreement related to the work to be performed under this
Agreement because of a person’s race, creed, color, national origin, sex, gender identity, sexual
orientation, or disability, unless the alleged refusal is because of a legitimate business purpose.
6. Insurance. Licensee shall secure and maintain insurance issued by insurance companies acceptable
to the City and admitted in Minnesota. The insurance specified may be in a policy or policies of
insurance, primary or excess. Such insurance shall be in force on the date of execution of the Agreement
and shall remain continuously in force for the duration of this Agreement. Licensee and any sub-
contractors carrying out work related to this Agreement shall secure and maintain the following
insurance:
a. Workers Compensation insurance that meets the statutory obligations with Coverage B-
Employers Liability limits of at least $100,000 each accident, $500,000 disease - policy limit and
100,000 disease each employee.
b. Commercial General Liability insurance with limits of at least $2,000,000 general aggregate,
2,000,000 products-completed operations, $2,000,000 personal and advertising injury, $100,000
each occurrence fire damage and $10,000 medical expense any one person. The policy shall be
on an occurrence basis, shall include contractual liability coverage and the City shall be named an
additional insured.
c. Commercial Automobile Liability insurance covering all owned, non-owned and hired
automobiles with full automobile coverage including damages, contents and vandalism and limits
of at least $1,000,000 per accident.
d. Computer Security and Privacy Liability for the duration of this agreement providing coverage
for, but not limited to, Technology and Internet Errors & Omissions, Security and Privacy
Liability, and Media Liability. Insurance will provide coverage against claims that arise from the
disclosure of private information from files including but not limited to: 1) intentional, fraudulent
or criminal acts of the Contractor, its agents or employees; and 2) breach of the City’s private
data, whether electronic or otherwise. The insurance policy should provide minimum coverage
in the amount of $1,000,000 per occurrence and $2,000,000 annual aggregate. If written on a
claims-made basis, the policy must remain in continuous effect for at least 3 years after the service
is provided or include a 3 year extended reporting period.
Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of Licensee. Any
policy deductibles or retention shall be the responsibility of Licensee. Licensee shall control any special
or unusual hazards and be responsible for any damages that result from those hazards. The City does
not represent that the insurance requirements are sufficient to protect Licensee’s interest or provide
adequate coverage. Each policy shall be endorsed to state that coverage shall not be suspended, voided,
or cancelled by either party, or reduced in coverage or in limits unless 30 day’s written notice has been
given to the City. Each policy shall be endorsed with a waiver of subrogation in favor of the City and
shall be primary, non-contributory to any insurance available to the City. Any insurance available in
excess of the minimum limits required herein shall be available to the City.
8
7. Hold Harmless. Licensee agrees to defend, indemnify and hold harmless the City, its officers and
employees, from any liabilities, claims, damages, costs, judgments, and expenses, including reasonable
attorneys’ fees, resulting directly or indirectly from any intentional or negligent act or omission of
Licensee, its employees, its agents, or employees of subcontractors, in the performance of the operation,
work, or services provided by or through this License Agreement, or by reason of the failure of Licensee
to fully perform, in any respect, any of its obligations under this License Agreement.
8. Limitation of Liability. The City assumes no liability for loss or damage to Licensee’s Fleet Vehicles
or other property or for damages to any third-party or the property of another arising out of or in any
way relating to or resulting from Licensee’s operations. The City shall not be responsible for providing
security for Licensee’s Fleet Vehicles and Licensee hereby waives any claim against the City in the event
Licensee’s Fleet Vehicles or other property are lost or damaged.
9. Maintenance and Care of Property. Licensee expressly agrees to repair, replace or otherwise restore
any part or item of real or personal property that is damaged, lost, or destroyed as a result of Licensee’s
Operation. Should Licensee fail to repair, replace, or otherwise restore such real or personal property,
Licensee shall pay the City’s reasonable costs in making such repairs, replacements or restorations.
10. Assignment or Transfer of Interest. Licensee shall not assign any obligation or interest in this
Agreement, and shall not transfer any obligation or interest in the same either by assignment or novation
without the prior written approval of the City, provided, however, that claims for money due or to income
due to the Licensee may be assigned to a bank, trust company or other financial institution, or to a Trustee
in Bankruptcy without such approval. Notice of any such assignment or transfer shall be furnished to
the City. Except as provided herein, Licensee shall not subcontract any services under this Agreement
without prior written approval of the City.
11. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed
in any manner, as creating or establishing the relationship of employer/employee between the parties.
License shall at all times remain an independent contractor with respect to the work and/or services to
be performed under this Agreement. Any and all employees of Licensee or other persons engaged in the
performance of any work or services required by Licensee under this Agreement shall be considered
employees or sub-contractors of the Licensee only and not of the City; and any and all claims that might
arise, including Worker's Compensation claims under the Worker's Compensation Act of the State of
Minnesota or any other state, on behalf of said employees or other persons while so engaged in any of
the work or services to be rendered or provided herein, shall be the sole obligation and responsibility of
Licensee.
12. Data Practices & Records. Licensee agrees to comply with the Minnesota Government Data
Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality.
Licensee must immediately report to the City any requests from third parties for information relating to
this License Agreement. The City agrees to promptly respond to inquiries from Licensee concerning
data requests. Licensee agrees to hold the City, its officers, and employees harmless from any claims
resulting from Licensee’s unlawful disclosure or use of data protected under state and federal laws. All
Licensee records with respect to Licensee’s obligations under this License Agreement shall be made
9
available to the City or its designees, at any time during normal business hours, as often as the City
deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data.
15. Contacts. The following are designated as official representatives for each of the Parties, and as
points of contact for purposes of delivering or receiving notice, contract management, official requests,
and all other communication contemplated under this License Agreement:
For the City: Marc Nevinski
mnevinski@goldenvalleymn.gov
763)593-8008
7800 Golden Valley Road
Golden Valley, MN 55427
For Licensee:
16. Entire Agreement. This License Agreement and attachments and other documents named, is the
entire agreement between the parties. No modification of this Agreement shall be valid or effective
unless made in writing and signed by the parties hereto. In interpretation of this Agreement, the language
of the Agreement shall prevail, followed by the language of Licensee’s Application.
18. Venue and Forum. The laws of the State of Minnesota shall govern the interpretation and
enforcement of this Agreement and any actions arising out of or relating to this Agreement shall be
brought in Hennepin County District Court in the state of Minnesota.
19. No Joint Venture. Nothing herein shall be in any way construed as expressing or implying that
Licensee and the City have joined together in any joint venture or are in any manner agreeing to or
contemplating the sharing of profits and losses among themselves in relation to any matter relating to
this Agreement.
IN TESTIMONY WHEREOF, the said parties have signed and executed this instrument the day and
year first above written.
LICENSEE CITY OF GOLDEN VALLEY
By: ____________________________________
Its:_____________________________________
By: ___________________________________
Its:____________________________________
Exhibit A: Reporting Requirements
The following performance indicators shall be reported to the City at the indicated frequency.
Performance
Indicator
Description Measurement Tool Reporting
Frequency
App & customer
service support portal
Reservation system fully
operational
Uptime reporting quarterly
Vehicle distribution Maps identifying trends
in peak vehicle
distribution
Maps showing aggregate
usage patterns
quarterly
Vehicles in service Vehicles in service Daily uptime reports quarterly
Report-responsive Response time to
incident reports
Log showing length of
time between reported
incident and Licensee
response
quarterly
SUMMARY OF ORDINANCE NO. 659
AN ORDINANCE AMENDING THE CITY CODE
Chapter 24 Streets, Sidewalks and Other Public Places, Article II. Right-Of-Way
Management adopting a new section 24-53 Mobility Sharing Operations
and Amending the Master Fee Schedule
This is a summary of the provisions of the above ordinance which has been approved for
publication by the City Council.
This ordinance amends Chapter 24: Streets, Sidewalks and Other Public Place, Article II.
Right-Of-Way Management Chapter to add a new Section 24-53 entitled “Mobility Sharing
Operations” to set forth regulations for the operation of micromobility vehicles sharing
operations in the City of Golden Valley and amending the 2019 Master Fee Schedule to
establish related fees.
This ordinance shall take effect upon publication. NOTICE: the foregoing is only a summary
of the ordinance.
A copy of the full text of this ordinance is available for inspection during regular office hours
at the office of the City Clerk.
Adopted by the City Council this 16th day of April, 2019.
s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
s/Kristine A. Luedke
Kristine A. Luedke, City Clerk
Published in the New Hope-Golden Valley Sun Post on April 25, 2019.