03-04-20 City Council Agenda
REGULAR MEETING AGENDA
1. Call to Order
A. Pledge of Allegiance Pages
B. Roll Call
C. Proclamation Honoring Breck’s Girls Hockey Championship Team 3-4
D. Annual CCX Media Presentation 5
E. Proclamation Opposing Practice of Conversion Therapy 6-8
2. Additions and Corrections to Agenda
3. Consent Agenda
Approval of Consent Agenda - All items listed under this heading are considered to be routine
by the City Council and will be enacted by one motion. There will be no discussion of these
items unless a Council Member so requests in which event the item will be removed from the
general order of business and considered in its normal sequence on the agenda.
A. Approval of Minutes:
1. City Council Meeting – February 18, 2020 9-13
B. Approval of City Check Register 14
C. Licenses:
1. Approve General License – Fireworks Sales 15
D. Minutes of Boards and Commissions:
1. Planning Commission – February 10, 2020 16-24
2. Rising TIDES Task Force – January 14, 2020 25-27
3. Environmental Commission – January 27, 2020 28-33
4. Bassett Creek Watershed Management Commission – January 16, 2020 34-38
E. Approval of Bids, Quotes and Contracts:
1. Authorize Contract for 2020 Brush Pick-Up Program 39-51
F. Support Legislation Authorizing the Collection Infrastructure Development Fees 20-19 52-55
G. Support Submittal of Application to Minnesota Pollution Control Agency for Minnesota
GreenCorps Host Site 20-20
56-58
H. Authorize Agreement for DeCola Ponds E & F Flood Mitigation Planning 59-73
I. Appointment to the Human Rights Commission 74
4. Public Hearing
5. Old Business
Wednesday, March 4, 2020 – 6:30 pm
Council Chambers
Golden Valley City Hall
7800 Golden Valley Road
City of Golden Valley City Council Regular Meeting
March 4, 2020 – 6:30 pm
2
6. New Business
All Ordinances listed under this heading are eligible for public input.
A. Review of Council Calendar
B. Mayor and Council Communications
1. Other Committee/Meeting updates
7. Adjournment
Golden Valley City Council Meeting
March 4, 2020
Agenda Item
1. C. Proclamation Honoring Breck’s Girls Hockey Championship Team
Prepared By
Tim Cruikshank, City Manager
Summary
The Breck Mustangs Girls Hockey team advanced to the State Tournament and won the Class A State
Title. Representatives from the Breck School will be in attendance to accept the Proclamation.
Attachment:
• Proclamation Honoring Breck’s Girls Hockey Championship Team (1 page)
CITY OF GOLDEN VALLEY
PROCLAMATION HONORING BRECK’S GIRLS
HOCKEY CHAMPIONSHIP TEAM
WHEREAS, Breck School is a distinguished part of the Golden Valley
Community; and
WHEREAS, the Breck Mustangs finished their regular season with the IMAC
Conference Title and Section 5A Championship; and
WHEREAS, the Mustangs advanced to the State Tournament and won the
Class A State Title, outscoring their opponents 23-2; and
NOW THEREFORE, LET IT RESOLVED that the Mayor and City Council of the City
of Golden Valley hereby congratulates the team and coaches on this tremendous
accomplishment.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of
the City of Golden Valley to be affixed this 4th day of March, 2020.
__________________________
Shepard M. Harris, Mayor
Golden Valley City Council Meeting
March 4, 2020
Agenda Item
1. D. Annual CCX Media Presentation
Prepared By
Tim Cruikshank, City Manager
Summary
Mike Johnson, Executive Director of CCX Media will be in attendance to present the Council with a
year-end update from CCX Media.
Financial Or Budget Consideration
Not applicable
Golden Valley City Council Meeting
March 4, 2020
Agenda Item
1. E. Proclamation Opposing the Practice of Conversion Therapy
Prepared By
Tim Cruikshank, City Manager
Summary
At its annual strategic planning session on January 29, 2020, the City Council directed staff to prepare
the attached proclamation opposing the practice of conversion therapy in the City.
Attachment:
• Proclamation Opposing the Practice of Conversion Therapy (2 pages)
CITY OF GOLDEN VALLEY
PROCLAMATION OPPOSING THE
PRACTICE OF CONVERSION THERAPY
WHEREAS, conversion therapy or reparative therapy is a practice or treatment
that seeks to change an individual’s sexual orientation or gender identity, including efforts
to change behaviors or gender expressions or to eliminate or reduce sexual or romantic
attractions or feelings toward individuals of the same gender; and
WHEREAS, conversion therapy is based on the discredited premise that being
lesbian, gay, bisexual, transgender, or queer (LGBTQ+) is a mental disorder that can be
cured or corrected; and
WHEREAS, the American Medical Association and American Psychiatric
Association oppose treatment based on the assumptions that homosexuality is a mental
disorder or that a person should change their sexual orientation, and describe attempts to
change a person's sexual orientation as unethical; and
WHEREAS, medical, mental health, and child welfare experts have denounced
conversion therapy as ineffective, unreliable, and unsafe for the people who undergo
such treatment, including LGBTQ+ people; and
WHEREAS, conversion therapy has been shown to cause serious and dangerous
harms to those who are subjected to such treatments, including depression, anxiety,
increased suicidal behaviors, lowered self-esteem, internalized homophobia, self-blame,
intrusive imagery, sexual dysfunction, and interpersonal harm, such as alienation,
loneliness, social isolation, interference with intimate relationships and loss of social supports;
and
WHEREAS, LGBTQ+ people must be free from ineffective and fraudulent
conversion therapy that causes harm to mental health and well-being; and
WHEREAS, the State of Minnesota regulates and licenses behavioral and mental
health professionals but has so far not addressed the serious issue of conversion
therapy; and
WHEREAS, 19 U.S. states, two territories, and 67 municipalities have enacted
legislation banning the practice of conversion therapy; and
WHEREAS, the City of Golden Valley believes the practice of conversion therapy
is an ineffective and harmful practice that has no place in modern society.
BE IT RESOLVED by the City Council of the City of Golden Valley that:
1. The practice of conversion therapy is not welcome in the City of Golden Valley.
2. The City of Golden Valley Supports the State Legislature banning the practice of
conversion therapy in the state of Minnesota.
3. The City of Golden Valley asks the public to notify the City if they are aware of
conversion therapy being practiced in Golden Valley so that it may be documented
and aggregate information may be provided to the Minnesota legislature.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the
City of Golden Valley to be affixed this 4th day of March, 2020.
__________________________
Shepard M. Harris, Mayor
REGULAR MEETING MINUTES
1. Call to Order
Mayor Harris called the meeting to order at 6:30 pm.
1A. Pledge of Allegiance
1B. Roll Call
Present: Mayor Shep Harris, Council Members Maurice Harris, Gillian Rosenquist and
Kimberly Sanberg
Absent: Council Member Larry Fonnest
Staff present: City Manager Cruikshank and City Clerk Luedke
1C. 2019 Annual Police Department Report
Chief Sturgis presented the Police Department’s 2019 Annual Report which included the 2019
crime statistics and answered questions from Council.
2. Additions and Corrections to Agenda
MOTION made by Council Member Rosenquist, seconded by Council Member Harris to approve
the agenda of February 18, 2020, as submitted and the motion carried.
3. Approval of Consent Agenda
MOTION made by Council Member Rosenquist, seconded by Council Member Harris to approve
the consent agenda of February 18, 2020, as revised removal of 3G-Appointments to Board and
Commission and Rising TIDES Task Force and the motion carried.
3A. Approval of Minutes:
3A1. Council/Manager Meeting – January 14, 2020
3A2. Council Strategic Planning Session – January 29, 2020
3A3. City Council Meeting – February 4, 2020
3B. Approve City Check Register and authorize the payments of the bills as submitted.
3C. Licenses:
3C1. Approve a temporary on-sale liquor license for The Loppet Foundation for their
event at 1221 Theodore Wirth Parkway on March 14 through March 17, 2020.
3C2. Receive and file the gambling license exemption and approve the waiver of notice
requirement for Chesterbird American Legion Post 523.
3D. Minutes of the Boards and Commissions:
3D1. Planning Commission – January 13 and January 27, 2020
3D2. Open Space and Recreation Commission – November 25 and December 16, 2019
3D3. Civil Service Commission – January 21, 2020
3D4. Human Services Commission – January 13, 2020
February 18, 2020 – 6:30 pm
Council Chambers
Golden Valley City Hall
7800 Golden Valley Road
City of Golden Valley City Council Regular Meeting Minutes
February 18, 2020 – 6:30 pm
2
3. Approval of Consent Agenda - continued
3E. Approval of Bids, Quotes and Contracts:
3E1. Authorize the Mayor and City Manager to execute the Subscription Agreement with
between Cartegraph Systems, LLC and the City of Golden Valley in the form
approved by the City Attorney for the next three years for a total of $130,164.49.
3E2. Authorize the Mayor and City Manager to execute the Small Enterprise Agreement
with Esri and the City of Golden Valley in the form approved by the City Attorney for
the next three years for a total of $75,000.
3E3. Authorize the Mayor and City Manager to execute 2020 Amendment to the 2018
Restoration and Maintenance of Naïve Plant Communities with Minnesota Native
Landscapes, Incorporated.
3E4. Authorize the Mayor and City Manager to execute the Mill and Overlay of 26th
Avenue North Cooperative Agreement with the City of Robbinsdale in the form
approved by the City Attorney in the amount of $31,527.77.
3E5. Approved contract with M.B.E., Inc. for the hauling and disposal of fill.
3F. Approve the 2019 Pay Equity Report.
3G. Appointments to Board/Commission and Rising TIDES Task Force.
3H. Approve extension until August 17, 2020, to record the plat for the Anderson Addition.
3I. Receive and file the Northwest Crossing/Bottineau Development Guide.
3J. Adopt Resolution 20-18, amending the Proclamation, Resolution and Letter of Support
Policy.
3. Items Removed From the Consent Agenda:
3G. Appointments to Board/Commission and Rising TIDES Task Force
Council Member Rosenquist said the Council interviewed Boards and Commissions candidates for
open positions before the City Council meeting.
MOTION made by Council Member Rosenquist, seconded by Council Member Sanberg to approve
the following Board and Commission and Task Force appointments and the motion carried.
Open Space & Recreation Commission Human Services Commission
Linden Weiswerda 1 year - expires 5/1/2021 Kelly House 1 year - expires 5/1/2022
Rising TIDES Task Force
Fartun Hassein Myat Thanda Tun
Alexander Moreno
4. Public Hearing
4A. Public Hearing – Ordinance 677 – Amend Conditional Use Permit (CU-119) Modifying the
Condition Regarding the Use of Boone Avenue North
Planning Manager Zimmerman presented the staff report and answered questions from Council.
Mayor Harris opened the public hearing.
City of Golden Valley City Council Regular Meeting Minutes
February 18, 2020 – 6:30 pm
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4A. Public Hearing – Ordinance 677 – Amend Conditional Use Permit - continued
Ms. Christine Eid, the attorney representing the applicant, provided information regarding the
amendment request. She thanked the Planning Commission and city staff for their work on the
amendment. She also provided information on the applicant, Health Care Plus, and the clientele
that use their adult daycare facilities. She said when the Conditional Use Permit was first granted in
2007 that the drop-off/pick-up was allowed on the east side of Boone Avenue and she requested
that the City allow the business to do what was allowed in the past.
Mayor Harris closed the public hearing.
There was Council discussion regarding the proposed amendment to the Conditional Use Permit for
Boone Avenue North.
MOTION made by Council Member Rosenquist, seconded by Council Member Sanberg to adopt
Ordinance #677, approval of Conditional Use Permit 119, Amendment #4, modifying the condition
regarding the use of Boone Avenue North. Upon a vote being taken, the following voted in favor of:
Maurice Harris, Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted against:
none; the following was absent: Larry Fonnest and the motion carried.
4B. Public Hearing – Ordinance 678 – Rezone I-394 Mixed Use Properties to Mixed Use,
Commercial, Office, Medium Density Residential, High Density Residential, and
Institutional
Planning Manager Zimmerman presented the staff report and answered questions from Council.
Mayor Harris opened the public hearing.
Ms. Wendy Johnson Scheie, 360 Brunswick Avenue, said she was trying to understand what the
proposed changes are.
Mr. Mark Bass, 170 Oregon Avenue, asked what was going to be built behind his house because he
was concerned about people looking into his backyard and house and increased traffic in the area.
He said he has had construction in his neighborhood for over 3 and ½ years.
Mr. Sherwood Malamud, a member of the Golden Valley Affordable Housing Coalition, said he do
not attend tonight’s meeting to discuss the rezoning issues but to remind the Council that Golden
Valley needs affordable housing and he felt that this was a good area that affordable housing
would be possible.
Mr. Jamie Heilicher said he owns commercial properties in Golden Valley and part of them are
located in the proposed change area. He asked with the changes would entail because he is trying
to understand how it would effort his property so that he can work with their current tenants as far
as what do the changes mean to them.
Mr. Harold Berman, 601 Radisson Road, said he has a question on the effect of this change would
have on the City’s Finances and would there be a different tax rate that would benefit the City.
City of Golden Valley City Council Regular Meeting Minutes
February 18, 2020 – 6:30 pm
4
4B. Public Hearing – Ordinance 678 – Rezone I-394 Mixed Use Properties - continued
Ms. Ruth Paradise, 8515 Duluth Street, said she was also a part of the housing coalition. She said
that this was a unique opportunity to add affordable housing and may be a good location for added
transportation options. She said the City needs to provide homes for the younger generation.
Mayor Harris closed the public hearing.
There was Council discussion regarding the Rezoning of the I-394 Mixed Use Properties.
MOTION made by Council Member Rosenquist, seconded by Council Member Harris to adopt
Ordinance #678, Rezoning All Properties in the I-394 Corridor Zoned I-394 Mixed Use to Mixed Use,
Commercial, Office, Medium Density Residential, High Density Residential, and Institutional Zoning
Districts. Upon a vote being taken, the following voted in favor of: Maurice Harris, Shep Harris,
Gillian Rosenquist, and Kimberly Sanberg, the following voted against: none; the following was
absent: Larry Fonnest and the motion carried.
5. Old Business
6. New Business
6A. Review of Council Calendar
Some Council Members may attend the Bike Lane Open House on February 19, 2020, from 3 pm to
7 pm in the Council Chambers.
Some Council Members may attend the Bottineau Community Feedback Sessions on February 19
and 20, 2020, at 6 pm at the Brooklyn Park City Hall located at 5200 85th Avenue and the
Robbinsdale City Hall located at 4100 Lakeview Avenue.
Some Council Members may attend the KORT Sign Design Open House on February 21, 2020, from 4
pm to 6 pm at KORT Sign Design located at 701 Decatur Avenue, Suite 204.
Some Council Members may attend the Hopkins High School Orchestra Concert on February 21,
2020, at 7:30 pm at Hopkins high School located at 2400 Lindbergh Drive, Minnetonka.
Some Council Members may attend the Hopkins Education Foundation “Royal Bash 2020” on
February 22, 2020, at 6 pm at Marriott Southwest located at 5801 Opus Parkway, Minnetonka.
Some Council Members may attend the Bassett Creek Trail Second Open House on February 24,
2020, from 4:30 to 6:30 pm at King of Grace Lutheran Church located at 6000 Duluth Street.
The 2020 Precinct Caucuses will be on February 25, 2020.
A Joint Meeting of the Council and Boards Commissioners will be on February 26, 2020, from 6 to 8
pm at Brookview located at 316 Brookview Parkway.
Some Council Members may attend the Bottineau Community Feedback Sessions on February 27,
2020, at 6 pm at the Harrison Recreation Center located at 503 North Irving Avenue, Minneapolis.
City of Golden Valley City Council Regular Meeting Minutes
February 18, 2020 – 6:30 pm
5
6A. Review of Council Calendar - continued
Some Council Members may attend the Bassett Creek Lagoon Dredging Project Open House on
February 27, 2020, from 6 to 7:30 pm at the U of M Urban Research & Outreach Center located at
2001 Plymouth Avenue, Minneapolis.
Some Council Members may attend the Golden Valley Business Council on February 27, 2020, at
7:30 pm at Brookview located at 316 Brookview Parkway.
The Presidential Nomination Primary will be on March 3, 2020.
The next City Council meeting will be on March 4, 2020 at 6:30 pm.
The State of the City will be on March 6, 2020, at 10:30 am at New Bohemia located at 8040 Olson
Memorial Highway.
The 2020 Rising TIDES Forum will be held on March 11, 2020, from 5:30 to 7:30 pm at Brookview
located at 316 Brookview Parkway.
6B. Mayor and Council Communication
Council Member Harris invited residents to attend his listening session on February 22, 2020, from 9
to 11 am at Lunds and Byerlys in Golden Valley to share their feedback.
Mayor Harris said there was some mis-communication regarding the dog leash ordinance. He said
on the City’s website was an on-line survey for residents to complete and give their feedback, then
staff will provide the information to the Council and a public hearing will be held on April 7, 2020.
He also thanked Park and Recreation staff for the comedy event that occurred over the weekend.
Council Member Sanberg said that she went pub curling at Brookview over the weekend with her
family and that it was a great family event.
Council Member Rosenquist said April 1st was Census Day and added that this was very important to
the school districts.
7. Adjourn
MOTION made by Council Member Rosenquist, seconded by Council Member Sanberg and the
motion carried to adjourn the meeting at 8:28 pm.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Golden Valley City Council Meeting
March 4, 2020
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.
Financial Or Budget Considerations
The check register has a general ledger code as to where the claim is charged. At the end of the
register is a total amount paid by fund.
Recommended Action
Motion to authorize the payment of the bills as submitted.
Supporting Documents
Document is located on city website at the following location:
http://weblink.ci.golden-valley.mn.us/WebLink/browse.aspx?id=717279&dbid=2&repo=GoldenValley
The check register for approval:
o 02/21/20 Check Register
Golden Valley City Council Meeting
March 4, 2020
Agenda Item
3. C. 1. General Business Licenses - Fireworks Sales
Prepared By
Ted Massicotte, Deputy Fire Chief
Jill Lund, Administrative Assistant
Summary
The following establishment has applied for renewal of their fireworks sales license for the 2020-2021
license term. The applicant has met City Code requirements for the renewal of their license and staff is
recommending approval.
Menard’s Fireworks Sales $100.00
6800 Wayzata Boulevard
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to authorize the renewal of the above fireworks sales license for a period of May 1, 2020
through April 31, 2021.
7800 Golden Valley Road I Golden Valley, MN 55427
763-593-3992 1 TTY 763-593-3968 1 763-593-8109 (fax) I www.goldenvalleymn.gov
Planning Commission
city of ot
goldalvy
January 27, 2020 — 7 pm
Council Chambers
REGULAR MEETING MINUTES Golden Valley City Hall
7800 Golden Valley Road
1. Call to Order
The meeting was called to order at 7 pm by Chair Blum
Roll Call
Commissioners present: Rich Baker, Ron Blum, Adam Brookins, Andy Johnson, Lauren Pockl, Ari
Prohofsky, Ryan Sadeghi, and Chuck Segelbaum
Commissioners absent:
Staff present: Planning Manager Jason Zimmerman and Planner Myles Campbell
Council Liaison present: Gillian Rosenquist
2. Approval of Agenda
MOTION made by Segelbaum, seconded by Baker to approve the agenda of January 27, 2020, as
submitted and the motion carried unanimously.
3. Approval of Minutes
Chair Blum, asked for a motion to approve the minutes from January 13, 2020.
Commissioner Johnson requested an edit to page six when he referenced the bylaws for the
Planning Commission, the perceived direction of the group, and the environmental exception.
As a result, there was a consensus to strike the following section from the January 13t", 2020
minutes:
Zimmerman mentioned the zoning chapter in the city code creates an overlap in responsibility as it states:
Sec. 113-2. - Purpose.
The purpose of this chapter is to regulate land use within the City, including the
location, size, use, and height of buildings, the arrangement of buildings on lots, and
the density of population within the City for the purpose of promoting the health,
safety, order, convenience, and general welfare of all citizens of the City.
Therefore, this topic is relatable to the Planning Commission as defined by Sec. 113-2.
Johnson requested an edit to page five, within the tobacco ordinance item. Johnson requested adding to
public record his vocalization that adding draft language and edits of an ordinance was not relevant to
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. 6
City of Golden Valley Planning Commission Regular Meeting
January 27, 2020 — 7 pm
the Planning Commission but that the final language was. Johnson restated that he disagreed with
providing the draft language as that is policy related and not Planning Commission related.
As a result, the following section was added for clarity:
Commissioner Johnson asked if the City has already approved licensing changes related to tobacco sales and
Campbell responded affirmatively and reminded the commissioners the information is in their agenda packet.
Based on the fact that the license and ordinance changes were approved, Johnson asked why the redlined
draft document was presented to the Planning Commission. Campbell responded that he added the draft so
the commissioners could see what the old language was and what the new approved language is. He expanded
that the Planning Commission is not approving any language changes in the licensing or the ordinance.
Johnson made a final comment that the group was not presently discussing the changes in the ordinance or
the licensing requirements.
MOTION made by Commissioner Brookins, seconded by Commissioner Pockl to approve the January 13,
2019, minutes after edits and the motion carried.
4. Continued Informal Public Hearing— CUP Amendment
Applicant: Health Care Plus, Inc.
Address: 800 Boone Avenue North
Purpose: To modify an existing condition that limits the use of Boone Ave for loading,
unloading, and parking of buses and vans
Jason Zimmerman, Planning Manager, reminded the Commission that the following presentation and
conversation is a continuation of one started in December 2019. By way of background, the operators
are requesting an amendment to the current CUP in order to modify a condition that prohibits the use of
Boone Ave for loading, unloading, and parking of vehicles related to the adult day care business. This
amendment to the CUP occurred in 2018, due to safety concerns, and required loading, unloading, and
parking of vans and buses to take place in the parking lot.
Zimmerman continued that after a tour and conversations, the applicant has stressed the need for
Boone Ave access to continue due to restrictions imposed by the parking lot and the building access
point from the lot. The applicant has indicated that 26 buses/vans arrive on Boone Avenue in the
morning over a period of about an hour (7:50 am to 8:55 am). The timing is staggered so that only two
vehicles arrive at a time; it takes 5-10 minutes to unload each vehicle. In the afternoon, 20 buses/vans
arrive between 1:40 and 2:45 pm to pick up clients. During the day, approximately 8 vehicles depart and
return between the hours of 10:00 am and 12:30 pm; in the summer, additional field trips occur
between 10:00 am and 1:30 pm. Each of these individual trips require a bus or van to be parked on
Boone Avenue for approximately 30 minutes.
After laying out zoning and engineering considerations, Zimmerman stated staff supports the request to
continue loading and unloading on the east side of Boone Ave, with the caveat that future restrictions
may be imposed in light of the pending conversation around on -street bicycle lanes. In 2020 it is likely
City of Golden Valley Planning Commission Regular Meeting 3
January 27, 2020 — 7 pm
parking will be removed from Boone because on -street bike lanes will be added and staff believes it's
advantageous to the applicant to plan for an area to load/unload on site.
Based on the findings, staff recommends approval of the amended CUP, subject to the following
conditions:
1. The adult day care shall be limited to 350 clients, as specified by the Minnesota
Department of Human Services license issued August 1, 2019.
2. All necessary licenses obtained by the Minnesota Department of Human Services and
the Minnesota Department of Health shall be kept current.
3. The hours of normal operation for the adult day care shall be from 7 am to 5:30 pm,
Monday thru Friday.
4. The adult day care facilities shall not be used for any activities that are not permitted
in the Zoning Code.
5. Subject to any additional posted traffic regulations, all vans and buses shall be loaded
and unloaded along the east side of Boone Avenue. No vans or buses shall be loaded,
unloaded, or parked along the west side of Boone Avenue. No vans or buses may be
parked in the angled parking stalls or in the first 21 perpendicular stalls located south of
the building along the drive aisle.
6. No alcohol shall be served or distributed on -site without first obtaining the proper
license or permit.
7. All outdoor trash and recycling containers shall be screened in a manner acceptable
to the Physical Development Department.
8. The applicant shall provide an on -site bicycle rack allowing parking for a minimum of
five bicycles.
9. The requirements found in the memo to Mark Grimes, Director of Planning and
Zoning, from Ed Anderson, Deputy Fire Marshal, and dated May 17, 2011, shall become
a part of these requirements.
10. This approval is subject to all other state, federal, and local ordinances, regulations,
or laws with authority over this development.
Failure to comply with one of more of the above conditions shall be grounds for revocation of the CUP.
Commissioner Baker asked when the CUP amendment with the modified condition regarding loading
and unloading was added. Zimmerman responded in October/November of 2018. Baker followed up
with asking if staff now thought that amendment was a mistake. Zimmerman responded that in 2018
staff recommended limiting loading and unloading to the east side of Boone and the Commission
adopted the broader parking lot restriction. Baker reiterated his question and Zimmerman responded in
the affirmative and without findings of a safety issue, staff recommends approval of the current
amendment.
Commissioner Segelbaum mentioned previous confusion on if the applicant was the business owner or
the property owner. He followed up by asking if the CUP should more clearly state which owner is
responsible for the conditions. Zimmerman responded that in a situation where a building has multiple
City of Golden Valley Planning Commission Regular Meeting 4
January 27, 2020 — 7 pm
tenants, either the property or business owner can apply. Both the property owner and the operator are
present for the CUP Amendment agenda item.
Zimmerman continued on to specific conditions mentioned by the commissioner and gave examples of
amended word choices to assist in clarification.
Segelbaum followed up by asking if the operator were to leave, would the CUP follow the operator or
the property. Zimmerman stated that the CUP is filed with the county so it'll stay at the property. In the
event that there is a violation, the property owner is responsible.
If the business owner is the one to apply for a CUP, then the property owner signs it, stating
acknowledgement. Therefore either entity can apply but the property owner is responsible for violations
to the CUP.
The discussion continued into the cap for the number of clients at the facility and who determines that
number. Staff reminded the commissioners that previous conditions stated the Department of Human
Services would determine that client cap as they're issuing the operating license. The cap on the
operator's current license is 350 clients; staff said they hadn't considered reducing that cap to then
create the city's own limit, but rather looked into further enforcing the current cap. This conversation
evolved to addressing the operating hours; the city's condition is a weekday window of 7:30-5:30 and
the operator is choosing to operate from 8-4:30 weekdays.
Chair Blum invited the applicant and operator to make comments.
Christine Eid, attorney on behalf of Healthcare Plus, introduced herself and then introduced Inessa
Marinov from Healthcare Plus, and Randy Engel, the architect for the same company. Eid reminded the
commissioners that they were before the Commission in December 2019 and after a series of poignant
questions raised, they accepted a continuance to collect the necessary information to reappear. Eid
thanked staff for their work through this process and the report presented before the Commission. Eid
went on to address the discussed violation to the CUP granted in 2007 to allow for an adult daycare
facility in the 800 Boone Ave building. Eid went on to read Golden Valley City Code as it pertains to adult
daycare facilities and concluded that all clients at this operation qualify without further evaluation. Part
of the daily accommodations include providing the most accessible and shortest path from the buses to
their daily activities. This accommodation necessitates utilizing the east side of Boone for bus drop offs
and pick-ups.
Eid went on to address the violation to the CUP granted in 2007. This was not an operator violation, but
lead to an amendment in 2018 to prohibit drop-off/pick-up on the east side of Boone, which did directly
and negatively impact the operator. Eid addressed the conditions listed in the staff presentation and
their team agrees to work with city staff and the planning commission to cap the cliental at 350. The
team would like to amend condition number five due to its broad nature and would like to participate in
conversations with the city to ensure a bike lane may co -exist with regular drop-offs and pick-ups.
Randy Engel, Healthcare Plus Architect, presented a map of the 800 Boone building and listed minimal
physical characteristics for an adult day care facility. Engel elaborated on the building structure and its
split between businesses, he added that not every door to the building equates direct access to
Healthcare Plus. Engel went on to explain the space requirements to accommodate the current cliental
as well as the space options already considered by the operator in order to accommodate future possible
clients.
City of Golden Valley Planning Commission Regular Meeting
January 27, 2020 — 7 pm
Commissioner Segelbaum asked if the team has discussed edits to the fifth condition with city staff and
how they concluded the line item "Subject to any additional posted traffic regulations," meant removal
of vehicle access due to a bike lane. Eid responded that while she doesn't specifically know that is what it
means, she understands a bike lane on Boone is being discussed and would like her team to be part of
that conversation. Eid went on to state that she knows the City has full right to the right of way but
currently she would like to see that condition item be silent.
Commissioner Brookins asked what the future intent is for the number of people being served. The
operator responded that the intent is to serve the cap number of people, per the license granted by the
Department of Human Services. The company has the staff, space, and met requirements to meet the
needs to serve 350 people. Currently the organization serves 241 clients.
Blum noted that the required public hearing for this item occurred in December of 2019 and at the time
of this meeting, attendees of the meeting consisted of: City staff, Commissioners, Applicant and team,
and City Council Member. Segelbaum made a motion to open the floor for a public hearing and at 8:19
pm, Chair Blum formally opened the floor for a public hearing. No comments were made and the hearing
was closed.
Segelbaum commented that originally tabling this item was so the applicant and City staff could come to
a compromise. He believes the applicant has a point about the condition they addressed and
commented that the City Attorney may be the best person to address it. With that in mind, Segelbaum
believes it may be premature for the Planning Commission to address the agenda item. Baker and
Brookins echoed Segelbaum. Segelbaum asked for the time limit on responding to the applicant and
Zimmerman responded that it needed to be to City Council by February 22"d or the applicant would need
to agree to an extension in writing. Brookins commented that he'd like to make a determination today
and that will give staff time to make recommendations when this item is presented to City Council.
Commissioner Pockl echoed this statement. Commissioner Baker commented that putting a transition
plan in place for the applicant when a bike lane occurs may be beneficial.
The conversation continued on to the possibility of capping the clients at a number below the cap
provided by the MN Dept. of Human Services. Concerns about this Commission's authority to override
the Dept. of Health's cliental cap was raised. Commissioner Sadeghi pointed out that the concern for this
committee was traffic related and therefore instead of capping the client number, could client
transportation be reconfigured so the number of drop-offs could be capped. Staff replied that it's
possible but there is concern about who would enforce that cap on vehicles.
This conversation moved on to condition five, as addressed by the applicant.
The applicant/operator chimed in and added that during the architect's presentation, he showed that
open space for new clients is in the back of the building. Therefore, any addition of clients, will be loaded
and unloaded in the parking lot by way of following the operator's policy of providing the most
accessible and shortest path from the buses to their daily activities. An increase in clients will not cause a
direct impact on Boone Ave. Blum stated that based on the drawing provided, it appears the capacity
will increase in the front of the building, directly accessible by Boone Ave.
City of Golden Valley Planning Commission Regular Meeting 6
January 27, 2020 - 7 pm
Commissioner Johnson stated that according to the Secretary of State Website, all the organizations in
800 Boone Ave are related to one another. Because of that, it's disingenuous for the applicant to assert
that there's nothing to be done, internally, to accommodate the conditions. Johnson added that it seems
within the purview of the Planning Commission to discuss condition five and if the City Attorney
determines that's inaccurate, then the Commission should be given a finding to support that.
Zimmerman asked the Commission to address the two questions posed:
1. If the Commission was interested in amending the condition to allow or not allow use of the east
side of Boone for loading and unloading.
2. Regardless of that choice, is there any consideration for a cap on the number of clients to be
served, even if it's lower than the current number of clients allowed on their residence.
Regardless of the choice there should be reasonable findings to support the decision.
Baker stated he's opposed to revising condition five as requested by the applicant. Blum is concerned
about loading and unloading on the west side of the street, crossing the street for this cliental is
inherently dangerous. It's reasonable to restrict loading/unloading to the east side of the street. Pockl
echoed Blum's statement and added that the loading/unloading may occur on the street but to
encourage use of the parking lot.
Commissioners continued their conversation on if they should cap the number of clients aside from the
current DHS license the applicant holds. The conversation moved back to the impact of loading and
unloading of vehicles on Boone and what the impact of the city is and evolved on to if a traffic study
would help create a solution. Pockl circled back to the original recommendation and stated that the
commission still hasn't shown findings to support forbidding loading/unloading on Boone. Brookins
added that car dealerships are not allowed to load and unload on the street in front of the business.
Blum noted a parking restriction on Boone based on its proximity to Hwy 55 is reasonable.
MOTION made by Baker, to accept the recommendations of city staff with the exception that condition
five is not included; to prohibit loading and unloading on Boone. Motion was seconded by Brookins, with
an amendment to return some language from the 2007 CUP regarding client numbers to be determined
by DHS and approved by the City. Brookins suggested that cap be determined at 350. Baker accepted
that amendment to his motion. Zimmerman added that the commission can't strike condition five but
can choose to not accept the amended language to condition five.
Johnson suggested to remove the first sentence in the condition and change no parking on the west side
of Boone to say entirety of Boone. Baker withdrew his motion. Blum asked for a new motion.
MOTION made by Johnson to accept the recommendations made by staff, regarding the CUP, with the
exception of condition 5, to then look like this:
5. Subject to any additiGRal posted tFaffie regulatiORs, all vaRs and shall be leaded-
1,,,- - l0Rg the east Sidle Of Q,,,,n A,,, Rue. No vans or buses shall be loaded,
unloaded, or parked along the west side entirety of Boone Avenue. No vans or buses
City of Golden Valley Planning Commission Regular Meeting 7
January 27, 2020 — 7 pm
may be parked in the angled parking stalls or in the first 21 perpendicular stalls located
south of the building along the drive aisle.
Brookins seconded this motion. Approval of the motion went to vote and was failed 3-4.
Ayes: Baker, Brookins, Johnson
Nays: Blum, Pockl, Sadeghi, Segelbaum
Based on that denial, Blum asked for a further motion.
MOTION made by Blum to accept staff recommendation and approve the CUP application and to not
amend condition 1 but to amend condition 2 to replace the word "by" with "from". Condition five is
accepted with edits, so condition five reads:
5. Subject to any additional posted traffic regulations, all vans and buses s4a4 may be loaded
and unloaded along the east side of Boone Avenue. No vans or buses shall be loaded, unloaded,
or parked along the west side of Boone Avenue. No vans or buses may be parked in the angled
parking stalls, of in the first 21 perpendicular stalls located south of the building along the drive
aisle, or on the east side of Boone Ave.
Segelbaum seconded this motion and the motion was approved 4-3.
Ayes: Blum, Pockl, Sadeghi, Segelbaum
Nays: Baker, Brookins, Johnson
Zimmerman stated the February 18tn City Council meeting will receive this information.
S. DISCUSSION — Narrow Lots
Jason Zimmerman, Planning Manager, presented a summary of the public forum held at Golden
Valley City Hall, on January 16tn, 2020.
Zimmerman listed the specific items City Council directed to the Planning Commission.
Investigate possible modifications to the City Code for narrow lot development
Focus on lots 50' wide or less but note ideas that might apply more broadly
Involve outside experts — realtors, architects, and builders
Solicit resident feedback
Aim to bring forward recommendations before the spring building season
Zimmerman followed with a list of items already addressed and presented the Commission with a
revised timeline of events. City Council will hold a public hearing on this topic on April 7tn
Public Forum Summary:
City of Golden Valley Planning Commission Regular Meeting 8
January 27, 2020 — 7 pm
Divided into three parts
1. Overview of study
2. Small group discussion
a. City Staff provided a few questions as conversation starters.
3. Large group report out and Q&A
a. Commonly raised issues revolved around height restrictions, setbacks, impact on
residents, green space and trees.
Next steps include addressing non -zoning regulations and policy questions that arose at the meeting
and looking at the purview of the BZA for variances to ensure consistency.
Commissioner Baker commented that height restrictions and the resulted shading of neighbors
seems to be a top concern. Baker revisited the comments from a local builder on the public forum
panel who suggested height restriction were possible while introducing dormers for space. Baker
stated that it seems possible to find a solution that won't restrict the purchase of and building on
narrow lots while also ensuring quality of life for neighboring residents. Commissioner Pockl echoed
this statement and asked staff for optional solutions versus the Commission inventing their own
ideas for solutions. Zimmerman presented a list of such options.
Develop language around incentivizing reduction in height in exchange for dormer space
Increase some side yard setbacks
Lower maximum lot coverage and/or impervious percentages to preserve open space
Eliminate two stall garage requirements similar to R2 single-family zoning regulations
Reduce existing secondary front yard setbacks on corner lots in order to eliminate need for
variances
Baker mentioned the desire to require the preservation of old trees in conjunction with
developments. Pockl asked how many houses on narrow lots have alley access and what the process
to construct an alley is. Zimmerman responded he can provide that information but that public and
builder feedback shies away from creating alleys. Chair Blum stated that bringing BZA into alignment
with resident preferences is a priority. In conjunction, there are points to consider with
comprehensive plan consistency, zoning elements, and essential character elements that are all
reflected in City ordinances. Blum stated that the setback consideration he's gravitating towards are
larger than historically seen: 10 ft setbacks on a 40 ft wide lot. This considerations seems consistent
with resident feedback while setting the city up for flexibility in development in the future. Blum
continued that while incentivizing houses to reduce height is reasonable, he suggests incentives to
reduce tax parcel division of larger lots all together. Commissioner Brookins stated that he thinks the
setbacks are satisfactory but that the focus should be height requirements, building envelope, and
neighborhood character preservation. Commissioner Segelbaum stated the need for precise
language and the clear differentiation between subdivision and tax parcel division.
Television portion of the meeting concluded at 10:06pm
Short Recess--
City of Golden Valley Planning Commission Regular Meeting
February 10, 2020 — 7 pm
house and why the larger setbacks were to the south and east. This seems to cause more shadowing
to neighbors. Zimmerman responded that the setbacks have been instated for decades and he hasn't
yet uncovered documentation to understand the why behind the decision. Circling back to
Segelbaum's point about the 60-65 foot lots, Zimmerman stated that the setback changes discussed,
don't impact those lots. Once the conversation moves to height and the building envelope, then
maybe setbacks can come back in to the equation. Zimmerman asked if the current setbacks on the
50-65 foot lots are satisfactory: the majority chimed in affirmatively, Blum responded that he would
increase those setbacks as well.
Sadeghi requested shifting the conversation to height requirements. Baker added that the
conversation will be iterative, and he believes the height conversation will lead into another setback
conversation.
Zimmerman asked about articulation and Baker responded that he felt it was better to articulate in
than out. Zimmerman followed up with corner lot setbacks and suggested they were less of a
concern in 50-60 foot lots but that becomes a greater issue on a 40 foot corner lot. The group
decided to focus on 50-60 foot lots and after that determination, to move on to 40 foot lots.
Television portion of the meeting concluded at 9:06pm
Short Recess--
6. Council Liaison Report
Councilmember Rosenquist provided an update to commissioners covering the most recent activities of
the City Council as well as activities around the City. She detailed the Council's recent goal -setting
session, the first for new Council Members Kimberly Sanberg and Maurice Harris. Rosenquist also gave
a brief overview of the City's goals for the upcoming state legislative session.
7. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning
Appeals, and other meetings
No other reports were given.
8. Other Business
No other business was reported.
9. Adjournment
MOTION made by Baker, seconded by Sadeghi and the motion carried unanimously to adjourn the
meeting at 9:42 PM. &
i q I . A „ jI ; n. Adam Brookins, Secretary
KolKao, Planning Assistant
7800 Golden Valley Road j Golden Valley, MN 55427
763-593-3991 I TTY 763-593-3968 J 763-593-8109 (fax) I www.goldenvalleymn.gov go 'tcll I
sing IIDES Task Fore --
va ey
REGULAR MEETING MINUTES
January 14, 2020 -5:15 pm
Council Conference Room
Golden Valley City Hall
7800 Golden Valley Road
Call to Order
The meeting was called to order at 5:17 pm by Staff Liaison Kirsten Santelices.
Roll Call
Members present:
Members absent:
Staff present:
Introductions
Ajani Woodson, Ruth Paradise, Melissa Johnson, Brad Taylor-White, Amber
Alexander, and Sheri Hixon (5:19 pm)
Joelle Allen, and Sam Powers
Kirsten Santelices, Human Resources Director and Rick Birno, Parks and
Recreation Director
New Task Force Member Brad Taylor-White shared a brief introduction and each Task Force Member
introduced themselves.
Approval of Agenda
MOTION by Member Alexander to approve the agenda. Seconded by Member Paradise.
Motion carried 6-0.
Approval of Minutes
MOTION by Member Alexander to approve the December 10, 2019 meeting minutes.
Seconded by Member Johnson. Motion carried 6-0.
Open Forum Planning
Staff affirmed that Brookview facilities are reserved and the layout is planned the same as the
previous forum. Staff shared that while the City cannot take on responsibility for children, it is
possible to set up a "kid's area" so the community members can feel encouraged to attend with their
children. The kid's area will be in the same room as the forum and monitored by their parents, with
the help of a few task force members. The Task Force discussed language to use in advertising the
forum as "kid friendly" and Member Alexander volunteered to send over some sample language used
by her PTO. Staff asked if the Task Force wants to serve refreshments, and what the options might
be. Most members agreed that the refreshments served at the October forum were sufficient. The
Task Force discussed a sponsorship and partnership opportunity with the Minneapolis chapter of the
NAACP. The sponsorship would include promotion of the open forum through their chapter social
media and communications forums. Staff asked if there were other groups or organizations to
consider asking as co-sponsors. One member asked if there is an opportunity for an organization to
sponsor a particular topic with which their organization aligns. Members continued to discuss
opportunities for co-sponsorship and staff encouraged the task force to share the forum with those
same networks and offered any City support in those efforts.
MEETING MINUTES -Rising TIDES Task Force
January 14, 2020
2
Staff shared that the Mayor requested something to hand out at the Sweet Potato Comfort Pie event
on Sunday. Staff shared that we can send the brochure, but asked if the Task Force wanted any other
materials created. Member Alexander recommended that we attach a brightly colored "save the
date" to the brochure. Sheri, Brad, Melissa, and Ruth offered to be a review committee of the save
the date and brochure prior to the event on Sunday.
The group refocused the discussion on the topic of sponsorship/partnerships with other
organizations. Members agreed that there are many advantages to having a partnership with an
organization like the NAACP, and expanding the reach of the Task Force to increase participation in
the forum. The group also agreed that the impact of such a partnership could result in the large
participation of individuals outside of the Golden Valley community, and not necessarily reach the
Golden Valley community members. Members decided to keep the event contained to Golden Valley
at this time. Opting instead to explore potential partnerships with organizations like the NAACP to
promote educational events (like "how to conduct business with the City" or "how to respond to an
RFP"). Additionally, the group has interest in a partnership that will provoke additional idea
generation after a learning session (on any given topic). The Task Force would also like to invite a
leader from some of the organizations to sit in on the open forum.
The group discussed how to encourage participation in the open forums, including appealing to
individuals' desires to make an impact, and potentially using language to include "new year
resolutions" or "2020 purpose and investment in yourself."
Members Paradise and Alexander volunteered to be on a subcommittee with Joelle to plan the
upcoming open forum.
Topic Discussion: Ensuring Equity in City Programming, Services, and Facilities
Members Paradise and Johnson started the discussion by sharing with the group some potential barriers
to securing event spaces, including cost, catering requirements, and transportation. Additionally, the
advertising on the website creates a challenge for individuals to find spaces available in Golden Valley,
rather than posting solely on the Parks and Recreation page.
The Task Force asked if there was a possibility for the City partner with other organizations or assess its
existing spaces to allow individuals to access these places, with the City covering things like cost or
insurance.
Additionally the group recommended diversifying opportunities for programming and services, including
opening up programs currently offered only to seniors, expanding sports and recreation activities to
include things like cricket and lacrosse, and varying music in the parks options and updating the City's
marketing materials and City website to show diverse populations.
Additional services that were proposed include; immigrant services, housing rights and tenants,
shopping smart" seminars, etc., helping people navigate in the community. Proposed doing some sort
of survey to find out what people want to see in programming, but not just an online survey, and include
door-knocking.
MEETING MINUTES-Rising TIDES Task Force
January 14, 2020
3
Members Paradise and Johnson shared that the website needs some updates to remove or somehow
diminish old/outdated information.
The final question discussed is, how does the City ensure equity in services? There are so many services
provided by the City, so how does one determine whether or not there is equity in the services provided.
The group posed the question, "how do we find out?"
The group tabled the topic until the next meeting. Staff will send the document from Members Paradise
and Johnson to the group.
Adjournment
MOTION by Member Hixon. Seconded by Member Woodson. Meeting adjourned at
6:17 pm.
man Resources Director
REGULAR MEETING MINUTES
1. Call to Order
The meeting was called to order at 6:28 pm by Chair Seys.
2. Roll Call
Commissioners present: Tracy Anderson, Tonia Galonska, Dawn Hill, Susan Phelps, Joseph
Ramlet, Scott Seys, Jim Stremel and Debra Yahle
Commissioners absent: None
Staff present: Eric Eckman, Environmental Resources Supervisor;
Drew Chirpich, Environmental Specialist;
Emma Pierson, MN GreenCorps Member;
Carrie Nelson, Administrative Assistant
3. Approval of Agenda
MOTION by Commissioner Hill, seconded by Commissioner Yahle to approve the agenda of January
27, 2020 with the following change: Switch items 5A and 5B under Old Business, and the motion
carried.
4. Approval of November 25, 2019 Regular Meeting Minutes
MOTION by Commissioner Stremel, seconded by Commissioner Anderson to approve the minutes
of November 25, 2019 as submitted and the motion carried.
5A. Partners in Energy update
Eric Eckman gave an update on the Partners in Energy program.
Commission approved the City’s participation in the Partner’s in Energy Program with
Xcel Energy in October.
City Council approved applying for the Partners in Energy Program in December.
An energy action plan will be developed over the next two years for residents and
businesses.
Application was completed and sent in in mid-January. We haven’t heard back from
Xcel yet but should by next meeting.
If accepted in the program:
o 6 months of plan development and understanding the goals of the community.
o Moving forward with implementation with energy actions from residents and
businesses.
This will include other programs such as Home Energy Squad and others
that benefit residents and businesses, provide efficiencies, save money,
and reduce electricity use.
Exploring how to incorporate energy reductions and electrification in the
transportation sector.
January 27, 2020 – 6:30 pm
Council Conference Room
Golden Valley City Hall
7800 Golden Valley Road
City of Golden Valley Environmental Commission Regular Meeting
Jan 27, 2020 – 6:30 pm
2
o Eric asked the Commission if one or two members would be interested in joining
a community group that will be created for the planning phase of the Energy
Action Plan to determine the goals and priorities of the community and refine
what is in the Resilience and Sustainability Plan. The community group will also
include staff members, business owners, multi-family apartment interests,
school interests, and 1-2 planning commission members. The group would meet
3-5 times in the next year.
Commissioners Hill and Golanska expressed interest in serving on the
community group.
5B. Organics Recycling Considerations
Emma Pierson gave an update on the organics matrix presented to the Commission at the
November 2019 meeting to address comments and questions at the last meeting.
SCORE funds are affected by participation. The higher the participation, the more the
SCORE funding will be from the County. The funds can be used toward residential recycling
related items.
There are no grants for education however, the County does have the ability to provide
speakers/education for recycling and organics and will work with the City to customize this.
We will reach out to the County about having a staff person at a booth at the Farmer’s
Market to plan dates and what information will be at the table.
Education Requirements
o If opting for a licensing requirement:
Haulers will need to follow the Hennepin County Ordinance 13 Education
Requirements Section 2: Subsection 2B
o Regardless of which route we go:
Cities will follow Hennepin County Ordinance 13 Education Requirements
Section 2: Subsection 3
City Code Sec. 22-23 States: “Containers shall be stored no more than three feet from
the primary or accessory structure and shall at all times be located behind the front of
the primary structure.”
Participating in organics can help you reduce the size of your garbage container by
diverting waste to an organics bin.
Saint Louis Park: Curbside Organized 1.76% Contamination Minneapolis: Curbside
Organized 0.47%-1.45% Contamination. Contamination rates change when outreach is
done.
Trash containers are taxed by sales price, which is determined by Haulers based on the
volume of containers. County taxes 15.5% on trash and the State taxes 9.75% on trash.
There are no taxes on recycling or organics recycling. If adding a separate organics bin to
your property, there will be no additional tax to your hauling, and you may be able to
reduce the size of your trash bin, in turn reducing taxes. If you are co-collecting in a
durable bag system, there is no tax on the price to participate in the organics program,
however, the volume of your trash bin will likely stay the same, causing no reduction in
taxes, depending on the program.
City of Golden Valley Environmental Commission Regular Meeting
Jan 27, 2020 – 6:30 pm
3
Timing depends upon what decision City Council makes and when. Must have curbside
opportunity available by January 1, 2022.
There is no specific data showing contamination differences between the durable bag
vs. separate bin programs. While discussing options with haulers, some have mentioned
a durable bag program is a risk; others like the program.
In general, an organized system requires more staff time than an open system since
issues will need to be addressed by a staff person.
There are no known methods to provide more compost to those participating more in
the organics program. There isn’t a way to determine who participates more.
Republic Services currently does a curbside pick-up in Fridley and will soon be in
Richfield.
Cities and haulers have been moving away from yard waste co-collection bin to separate
bin collection because of certain challenges with the recipes at compost facilities.
The only known co-collection system currently available is the blue bag program and
they do have one consistent bag that is heavier duty than a standard, green,
compostable bag.
Minneapolis does their own compost pick-up. They have a separate cart so they can use
a paper grocery bag or certified compostable bag. There is no limit to the amount of
bags that go in the cart.
6A. Curbside Organics Program Draft Pros-Cons
The commission reviewed the draft pros-cons of different options included in the packet and
recommended the following edits.
Organized ‘All-In, Everyone Pays’ Program (Cart):
Pros’ Changes:
Change to ‘Increases participation’ i.e. SLP
Change to Resident can use certified compostable bags or paper grocery bags
Cons’ Changes:
Add – City manages so there will be additional staff time required
Add – Resident must provide bags
Can either give a cart to every resident or only give a cart to residents who choose to
participate. Maybe more people would participate if they get the cart.
Organized ‘Opt-In’ Program (cart)
Pros’ Changes:
Change to Resident can use certified compostable bags or paper grocery bags
Cons’ Changes:
Change to Lower participation is likely to avoid the cost, i.e. SLP
Delete last three items.
Add – City manages so there will be additional staff time required
License Requirements Organics Recycling Collection (Cart)
City of Golden Valley Environmental Commission Regular Meeting
Jan 27, 2020 – 6:30 pm
4
Pros’ Changes:
Add from Cons column – Hauler is responsible for education
Add - Less city staff time required
Change to Resident can use certified compostable bags or paper grocery bags
Cons’ Changes:
Delete second item
Move Hauler is responsible for education to ‘Pros’
Add – City has less input on education
Delete 6th item since it’s a duplicate
License Requirements Organics Recycling Collection (Durable Bag Program)
Add /Co-Collect to Durable Bag Program
Can this work in the parks?
Only Randy’s offers this option at this time
Pros’ Changes:
Add from Cons column – Hauler is responsible for education
Cons’ Changes:
Add – City has less input on education
Staff will update the pros-cons list and present it for review and approval at the next meeting.
6B. SCORE Funding
Emma Pierson reviewed SCORE Funding. The money helps cities with any operational expenses of
a recycling program. 50% of SCORE funding in 2020 will go toward recycling and 50% will go to organics.
The amount of SCORE funding the city receives fluctuates based on the number of active participants in
the City. An active participant is one who puts their bin out for collection at least once per month. The
participation number is determined in September. An increase in SCORE funds could offset having to
raise recycling rates. Golden Valley has about 7,000 household accounts.
6C. GreenStep Cities - City Hall Organics
Proposed Update #1:
MOTION by Commissioner Hill, seconded by Commissioner Galonska to approve Proposed
Update of the Existing Entry of Best Practice 22, Action 1 with the following amendments:
Include how education of the employees made a difference in participation.
Include that Plastic Film Recycling was also added to the break room.
Proposed Update #2:
MOTION by Commissioner Stremel, seconded by Commissioner Yahle to approve Proposed
Update of the Existing Entry of Best Practice 22, Action 2 with the following amendment:
Add ‘to every household’ when talking about the bi-monthly newletters being sent out.
Proposed Update #3:
City of Golden Valley Environmental Commission Regular Meeting
Jan 27, 2020 – 6:30 pm
5
MOTION by Commissioner Phelps, seconded by Commissioner Ramlet to approve Proposed
Update of the Existing Entry of Best Practice 22, Action 5 with the following amendments:
Change ‘there are currently 114 participating households’ to ‘In 2019 there were 114
participating households’.
Change the last sentence to: In 2019, (2 out of 8) haulers reported 267.7 tons of yard
waste was collected.
6D. 2020 Work Plan Ideas
Eckman reviewed the 2019 work plan (items complete and not yet complete) and engaged the
Commission to offer ideas for the 2020 work plan. The 2020 draft work plan must be approved by the
Commission by April to be considered by Council in May.
The Commission kept most unfinished items on the list and added new topics to consider:
If accepted – Partners in Energy Program (Energy Action Plan)
o Add private buildings energy benchmarking
Reducing chemicals - look into salt use on roads; products used on weeds
Look into options for maintaining the sidewalks in the winter – residents help clear them?
Reducing single use plastics and styrofoam
Update on Emerald Ash Borer – Possibly have Tim Teynor come talk – part of Natural Resources
Management
Downtown Redevelopment Study - Take opportunity to be a part of this planning process
Climate Action Plan (GreenStep Cities as guide or separate plan?)
Work with the Human Rights Commission on Climate Justice and Environmental Justice with a
speaker on climate change or promoting community gardens and local food production – possible
joint project and commission meeting.
6E. Program/Project Updates
Staff recently met with the Garden Club and People for Pollinators group to share information
about the upcoming plans for 2020. Consistent with the MOU executed last fall, the City will be
promoting the Garden Club’s events and activities in a variety of ways in 2020. The Garden Club
website is https://gvgardenclub.com and the Facebook page is
https://www.facebook.com/Peopleforpollinatorsgoldenvalley/.
The Board of Water and Soil Resources has a program called “Lawns to Legumes” that will
reimburse people to convert portions of their lawn to pollinator habitat. The link to the program
website is: https://bwsr.state.mn.us/l2l . The Metro Area is the highest priority for the program,
and the application deadline is February 28th, 2020.
6F. Council Updates
None
City of Golden Valley Environmental Commission Regular Meeting
Jan 27, 2020 – 6:30 pm
6
6G. Other Business
Bike/Ped Task Force has been dissolved. Bike/Ped will now fall under open space. Consider adding
bike/ped involvement to the work plan.
7. Adjournment
MOTION by Commissioner Ramlet, seconded by Commissioner Stremel to adjourn the meeting at
8:33pm and the motion carried.
ATTEST:
Carrie Nelson, Administrative Assistant Scott Seys, Chair
1. CALL TO ORDER and ROLL CALL
On Thursday, January 16, 2020 at 8:39 a.m. in the Council Conference Room at Golden Valley City Hall (7800 Golden
Valley Rd.), Vice Chair Welch called the meeting of the Bassett Creek Watershed Management Commission (BCWMC) to
order.
Commissioners and city staff present:
City Commissioner Alternate Commissioner Technical Advisory Committee
Members (City Staff)
Crystal Dave Anderson Vacant Position Mark Ray
Golden Valley Stacy Harwell (Treasurer) Jane McDonald Black Drew Chirpich
Medicine Lake Absent Gary Holter Absent
Minneapolis Michael Welch (Vice Chair) Vacant Position Shahram Missaghi, Liz Stout
Minnetonka Absent Absent Absent
New Hope Absent Patrick Crough Megan Hedstrom
Plymouth Absent Catherine Cesnik Ben Scharenbroich
Robbinsdale Vacant Position Absent Marta Roser, Richard McCoy
St. Louis Park Jim de Lambert (Secretary) Absent Erick Francis
Administrator Laura Jester, Keystone Waters
Engineer Karen Chandler, Barr Engineering
Recorder Dawn Pape, Lawn Chair Gardener
Legal Counsel Dave Anderson, Kennedy & Graven
Presenters/
Guests/Public
James Wolfin and Laura Scholl, Metro Blooms; Cassie Champion, Met Council; Kris Guentzel,
Hennepin County; McKenzie Erickson, resident
Bassett Creek Watershed Management Commission
Minutes of Regular Meeting
Thursday, January 16, 2020
8:30 a.m.
Golden Valley City Hall, Golden Valley MN
BCWMC January 16, 2020 Meeting Minutes
Page 2 of 5
2. CITIZEN FORUM ON NON-AGENDA ITEMS
None.
3. APPROVAL OF AGENDA
MOTION: Alternate Commissioner Holter moved to approve the agenda. Commissioner Harwell seconded the motion.
Upon a vote, the motion carried 7-0, with the Cities of Minnetonka and Robbinsdale absent from the vote.
4. CONSENT AGENDA
The following items were approved as part of the consent agenda: December 19, 2019 Commission meeting minutes,
January 2020 financial report, payment of invoices, approval of resolution to transfer funds from CIP account to
administrative account, approval of resolution to transfer funds from administrative account to channel maintenance
fund and from long-term maintenance fund to administrative account, approval of proposal from MMKR to perform
2019 financial audit, approval of contract with Wenck Associates for 2020 WOMP Monitoring Services, approval of
reimbursement request from City of Crystal for Winnetka Pond Dredging Project (BCP-2), and approval to amend grant
contract with MnDNR for Floodplain Modeling & Mapping Project.
The general and construction account balances reported in the January 2020 Financial Report are as follows:
Checking Account Balance $ 553,183.08
TOTAL GENERAL FUND BALANCE $ 553,183.08
TOTAL CASH & INVESTMENTS ON-HAND (1/8/20) $3,958,618.16
CIP Projects Levied – Budget Remaining $ (5,976,253.23)
Closed Projects Remaining Balance $ (502,963.19)
2012-2017 Anticipated Tax Levy Revenue $ 8,547.78
2018 Anticipated Tax Levy Revenue $ 10,861.11
Anticipated Closed Project Balance $ (483,554.30)
Commissioner Welch requested to pull item 4J from the consent agenda and add it to the business section as 5E.
MOTION: Commissioner de Lambert moved to approve the agenda as amended. Commissioner Anderson seconded the
motion. Upon a vote, the motion carried 7-0, with the Cities of Minnetonka and Robbinsdale absent from the vote.
BCWMC January 16, 2020 Meeting Minutes
Page 3 of 5
5. BUSINESS
A. Receive Presentation from Metro Blooms with Update on Harrison Neighborhood Projects
Administrator Jester gave a brief overview of how the Commission supports and partners on grants with Metro
Blooms to implement work in the Harrison Neighborhood. Laura Scholl and James Wolfin from Metro Blooms gave a
detailed report of the Harrison Neighborhood Projects. The Harrison Neighborhood is in the Near North community
in Minneapolis, located west of downtown. It’s considered an environmental justice community. Through native
plantings, stormwater management projects, and training residents and local businesses in maintenance of these
practices, Metro Blooms is working with the Harrison Neighborhood Association to create a prosperous and peaceful
community that equitably benefits all of the Harrison neighborhood residents.
Ms. Scholl reported that through a Clean Water Fund grant to the BCWMC, funding was passed through to Metro
Blooms to complete commercial stormwater management projects, mostly along Glenwood Ave. In 2019, Metro
Blooms completed projects at Ripley Gardens, KNOCK Inc., and Venture North Bike Shop. In addition to installed
projects, stormwater credit applications, operations and maintenance plans and trainings, and as-built documents
were completed. Educational signage is being developed for the projects. Construction documents are completed
for a fourth site, Minnesota Builders Exchange, and they are in the preliminary design phase for a project at Water in
Motion. In conjunction with clean water practices, project focus includes equitable engagement and development
through the use of an equitable development scorecard, ongoing opportunities for community feedback, and
training for local contractors. Many factors, including property sale, soil contamination, and tenant issues have led to
numerous properties dropping out prior to installation so Metro Blooms received grant extensions to the end of
2020 from both the Clean Water Fund and Hennepin County.
Ms. Scholl and Mr. Wolfin also reported on Metro Bloom’s Boulevard Bioswale Program which got its start in the
Harrison Neighborhood with a Met Council grant to the BCWMC. Dozens of residents participated in that program
which has now expanded to other areas of Minneapolis with funding from the city. Mr. Wolfin provided detailed
information on the plant selections and maintenance practices for the stormwater projects and boulevard
bioswales.
Finally, Ms. Scholl reported on a partnership with Minneapolis College of Art and Design (MCAD) to develop graphics
and communication pieces related to creating pollinator habitat and promoting native plants. They plan to use some
of the images produced by students in future marketing materials
B. Consider Approval of Application for BWSR Lawns to Legumes Demonstration Neighborhood Grant
Administrator Jester report that Metro Blooms requested that the Commission apply for a $40,000 Lawns to
Legumes grant from the MN Board of Water and Soil Resources for a neighborhood demonstration project in the
Harrison Neighborhood and other Near North neighborhoods to be implemented by Metro Blooms. She explained
that she submitted the application (as it was due January 10th) after contacting Chair Prom and Vice Chair Welch
about it. It was noted that Metro Blooms was going to submit the grant, but since their outreach program Blue
Thumb—Planting for Clean Water is involved with processing the residential grants, they did not want there to be
any potential for conflict of interest. Administrator Jester noted that Metro Blooms does a great job of keeping
detailed records and performing almost all of the administration needed to manage the other Commission grant
projects. She also noted that even though it’s been submitted, the Commission could pull the application from
consideration if they choose.
MOTION: Commissioner de Lambert moved to approve submittal of the Lawns to Legumes grant application.
Commissioner Welch seconded the motion. Upon a vote, the motion carried 7-0, with the Cities of Minnetonka and
Robbinsdale absent from the vote.
C. Review Letter to MN Association of Watershed District (MAWD) on Chloride Limited Liability Legislation
Administrator Jester reviewed a letter she drafted to Emily Javens, MAWD Administrator, as directed by the
Commission at their December meeting. Commissioner Harwell asked that the letter underscore the issue of safety
and reference New Hampshire’s similar existing law.
BCWMC January 16, 2020 Meeting Minutes
Page 4 of 5
Commissioner Welch reported that he will attend the Metro MAWD meeting where this issue could be raised and
where other watersheds could decide to draft a similar letter.
MOTION: Commissioner Harwell moved to authorize Administrator Jester to send the letter to MAWD.
Commissioner Welch seconded the motion. Upon a vote, the motion carried 7-0, with the Cities of Minnetonka and
Robbinsdale absent from the vote.
D. Appoint Representative for BWSR Watershed-Based Funding Convene Meeting
Administrator Jester reminded the Commission about BWSR’s Watershed-Based funding process which includes
convene meetings” where each watershed and two cities will have one vote to decide which projects will receive
the funding this biennium. She noted that the Commission should appoint a voting member and that she played that
role during the pilot process in the last biennium. Commissioner Welch stated that Administrator Jester has the best
handle on CIP projects and would be a logical choice.
MOTION: Commissioner Welch moved to appoint Administrator Jester as the voting representative for the BCWMC
at the Watershed-Based Funding convene meetings; and to appoint Alternate Commissioner Cesnik as the first
alternate, and Commissioner Harwell as the second alternate. Alternate Commissioner Holter seconded the motion.
Upon a vote, the motion carried 7-0, with the Cities of Minnetonka and Robbinsdale absent from the vote.
E. Climate Adaptation Conference – moved from consent agenda
Administrator Jester noted that she understands this conference is sold out. Although this conference is full, she,
Alternate Commissioner Cesnik and Commissioner Welch would like to attend. Administrator Jester is going to check
into ticket availability; if she is unable to attend, she will work to bring pertinent content to a future Commission
meeting. Commissioner Welch mentioned that city attorneys are keenly interested in these issues.
MOTION: Commissioner de Lambert moved to authorize Alternate Commissioner Cesnik and Administrator Jester to
attend if it is possible. Alternate Commissioner Holter seconded the motion. Upon a vote, the motion carried 7-0,
with the Cities of Minnetonka and Robbinsdale absent from the vote.
6. COMMUNICATIONS
A. Administrator’s Report
i. BWSR Performance Review and Assistance Program (PRAP) – Administrator Jester reported the BCWMC will
be assessed by BWSR staff through a “level II” PRAP. She doesn’t foresee concerns, but noted it may take
considerable administrative time.
Administrator Jester also reported that the BCWMC received a $400,000 Clean Water Fund grant for the
Bryn Mawr Meadows Water Quality Improvement Project.
She also mentioned she was giving an interview for CCX on the Sweeney Lake project after the meeting, and
she reminded commissioners about the upcoming election of officers and committee appointments at the
February meeting.
B. Chair
i. Commissioner Welch noted the staff evaluations are being reviewed by Chair Prom.
C. Commissioners
i. Alternate Commissioner Holter asked about the use of drones for AIS inspection, as there was a
presentation about it at the last AMLAC meeting. He wondered if this technology was being employed
elsewhere. Pape and Missaghi confirmed the use of drones especially for invasive plants, algae detection
and water temperatures.
D. TAC Members
BCWMC January 16, 2020 Meeting Minutes
Page 5 of 5
i. Commissioner de Lambert shared that the January 10th TAC meeting was very informative. Administrator
Jester noted the TAC’s recommendations on the 5-year CIP and the water monitoring program will be
presented at a future meeting.
E. Committees
No reports.
F. Education Consultant
i. Ms. Pape reported that she has been working on connecting with Kiwanis and Lions on smart salting and
over salting issues. Her goal is to have the service groups help share the message. She is also putting
together a video/media with kids sweeping up salt. She reminded commissioners to take a stack of info
cards to hand out wherever they see too much salt. She also mentioned that it would be helpful for
commissioners to share the message on Nextdoor. She asked which cities have had a good response on
having residents pick up the cards. Minneapolis and Plymouth noted that they are out and have had some
interest in the cards. Some city representatives didn’t seem to understand their important role in having
these info cards publicly displayed in their city halls for residents to pick up. Commissioner Welch suggested
talking to the Minneapolis Park and Rec. Board.
G. Legal Counsel
No report.
H. Engineer
i. Update on MnDNR Floodplain Modeling and Mapping Project - Engineer Chandler updated the Commission
on the FEMA modeling project. She reported that all new pieces to the model have been entered and that
MnDNR approval for the hydrologic model was obtained in October.
She is looking to get final approvals by June. She also mentioned the contract amendment in the meeting
packet that reflects the extra tasks that Barr Engineering was asked to perform. In light of these extra tasks,
she also mentioned that the contract amendment includes an extension of the contract until March of
2021. Chandler also updated the commission on the timing of federal and state approvals and use of the
model.
7. INFORMATION ONLY (Information online only)
A. Administrative Calendar
B. CIP Project Updates http://www.bassettcreekwmo.org/projects
C. Grant Tracking Summary and Spreadsheet
D. TRPD 2019 AIS Inspection Report
E. WCA Notice of Decision, Luce Line Trail Phase II
F. WCA Notice of Decision, Plymouth
G. WCA Notice of Decision, Hollydale Golf Course Plymouth
8. ADJOURNMENT
MOTION: Commissioner Anderson moved to adjourn. Alternate Commissioner Holter seconded the motion. Upon a
vote, the motion carried 7-0, with the Cities of Minnetonka and Robbinsdale absent from the vote.
The meeting was adjourned at 10:30 a.m.
Signature/Title Date
Signature/Title Date
gofdt�II EXECUTIVE SUMMARY Public Works va ey 763-593-8030 I 763-593-3988 (fax)
Golden Valley City Council Meeting
March 4, 2020
Agenda Item
3. E. 1. Authorize Contract for 2020 Brush Pick-Up Program
Prepared By
Tim Kieffer, Public Works Director
Al Lundstrom, Park Maintenance Supervisor
Tim Teynor, Assistant City Forester
Summary
Each spring, the City contracts the collection and disposal of residents' small brush, piled along the
road, as part of the Brush Pick-Up Program. The Brush Pick-Up Program is a three-week program
scheduled to begin on April 27, 2020. The City is divided into three sections with each region allocated
one week for collection.
Staff solicited quotes from multiple companies. Two companies declined to submit quotes because of
time constraints or equipment deficiencies. Staff was able to obtain a single quote from Tim's Tree
Service. Tim's Tree Service has been the only company to submit a quote for the past several years.
Staff provides information to residents about the Brush Pick-Up Program through the CityNews,
postcards mailed to their homes, and the City's website.
Financial Or Budget Considerations
The 2020 Recycling budget {7001.6340) includes $71,400 for brush pick-up. The total cost is $66,410.
Recommended Action
Motion to authorize the Mayor and City Manager to execute the contract for Brush Pick-Up with Tim's
Tree Service, LLC, in the form approved by the City Attorney to provide brush pick-up and disposal
services.
Supporting Documents
•Contract for Brush Pick-Up with Tim's Tree Service, LLC {12 pages)
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CONTRACT FOR BRUSH PICK-UP
WITH TIM’S TREE SERVICE, LLC
THIS AGREEMENT is made this 4th day of March, 2020 (the “Effective Date”) by and between Tim’s
Tree Service, LLC, dba Heartwood Tree Surgeons, a tree care company with its principal place of business
at 5612 Corvallis Avenue North, Crystal, MN 55429 (“Contractor”), and the City of Golden Valley,
Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN
55427 (the “City”):
RECITALS
A. Contractor is engaged in the business of collecting, removing, and disposing of tree debris.
B. The City desires to hire Contractor to collect, remove, and dispose of tree debris.
C. Contractor represents that it has the professional expertise and capabilities to provide the City with
the requested work.
D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor
is willing to provide such work on the terms and conditions in this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor
agree as follows:
AGREEMENT
1. The Work. Contractor shall perform the work more fully described in the attached Exhibit A (the
Work”). The Work includes all work and services required by this Agreement, whether completed or
partially completed, and includes all labor, materials, equipment, and services provided or to be provided
by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the
specifications set forth in the attached Exhibit B. Contractor shall at all times keep the premises free from
accumulation of waste materials and debris caused by Contractor’s operations.
2. Time for Completion. Contractor shall commence the Work not later than April 27, 2020.
Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the
City’s authorized agent according to the deadlines set forth in Exhibit A (the “Contract Time”). Contractor
shall notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay
arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any
time thereafter, proceed to complete the Work at Contractor’s expense. If Contractor gives written notice
of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time.
3. Consideration. In consideration of the performance of the Work, the City shall pay to Contractor
the amount set forth in the attached Exhibit C (the “Contract Price”). The consideration shall be for both
the Work performed by Contractor and the expenses incurred by Contractor in performing the Work.
Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates,
titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay
Contractor within thirty (30) days after receiving a statement from Contractor.
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4. Extra Work. Unless approved by the City in writing, Contractor shall make no claim for extra work
done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the
this Agreement. Any such work or materials furnished by Contractor without written City approval shall
be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City;
if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be
deducted from the Contract Price for the Work.
5. Contract Documents. The Contract Documents shall consist of this Agreement; all exhibits to this
Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and
specifications; and other documents listed herein.
In the event of a conflict among the various provisions of the Contract Documents, the terms shall be
interpreted in the following order of priority:
a. Modifications to this Agreement
b. This Agreement, including all exhibits
c. Supplementary specifications
All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the
Contract Documents, shall have the meaning set forth in the Contract Documents.
6. Expense Reimbursement. Contractor shall not be compensated separately for necessary
incidental expenses. All expenses of Contractor shall be built into the Contract Price, unless
reimbursement is provided for an expense that received the prior written approval of the City, which
approval may be provided via electronic mail.
7. Approvals. Contractor shall secure the City’s written approval before making any expenditures,
purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval
may be provided via electronic mail.
8. Protection of Persons and Property. Contractor shall be responsible for initiating, maintaining
and supervising all safety precautions and programs in connection with the performance of the Work.
Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to
prevent damage, injury, or loss to:
a. Persons performing the Work and other persons who may be affected by the Work;
b. The Work and materials and equipment to be incorporated therein; and
c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks,
pavement, roadways, structures and utilities.
Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor
or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them.
9. Acceptance of the Work. All of Contractor’s work and labor shall be subject to the inspection and
approval of the City. The City’s authorized agent shall be the sole and final judge of the fitness of the Work
and its acceptability. Any payment made to Contractor, shall not be construed as operating to relieve
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Contractor from responsibility for the construction and delivery of the Work. No payment shall be made
to Contractor until the Work has been accepted.
10. Termination. This Agreement shall remain in force and effect commencing from the effective
date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated
by the City or amended pursuant to this Agreement. Notwithstanding any other provision hereof to the
contrary, this Agreement may be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time;
b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the
City upon providing thirty (30) days’ written notice to the City;
c. The City may terminate this Agreement at any time at its option, for any reason or no reason
at all; or
d. The City may terminate this Agreement immediately upon Contractor’s failure to have in force
any insurance required by this Agreement.
In the event of a termination, the City shall pay Contractor for Work performed to the date of termination
and for all costs or other expenses incurred prior to the date of termination.
13. Amendments. No amendments may be made to this Agreement except in a writing signed by
both parties.
14. Remedies. In the event of a termination of this Agreement by the City because of a breach by
Contractor, the City may complete the Work either by itself or by contract with other persons or entities,
or any combination thereof. These remedies provided to the City for breach of this Agreement by
Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or
equitable remedies available because of Contractor’s breach.
15. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that
the books, records, documents, and accounting procedures and practices of Contractor, that are relevant
to the contract or transaction, are subject to examination by the City and the state auditor or legislative
auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years
after final payment. The parties agree that this obligation will survive the completion or termination of this
Agreement.
16. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor’s successors
or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials,
agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature,
or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but
not limited to attorneys’ fees, professional services, and other technical, administrative or professional
assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members,
invitees, representatives, or employees) performance of the duties required by or arising from this
Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor,
or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement.
Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to
which the City is entitled. The parties agree that these indemnification obligations shall survive the
completion or termination of this Agreement.
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17. Insurance. Contractor shall maintain reasonable insurance coverage throughout this
Agreement. Before it may perform any Work under this Agreement, Contractor shall procure and
maintain at a minimum:
a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181;
b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used
by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury,
death of any person, and property damage arising out of the ownership, maintenance, and
use of such motor vehicles, along with any statutorily required automobile coverage;
c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence,
2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard,
providing coverage for claims including:
i. Damages because of bodily injury, sickness or disease, including occupational sickness
or disease, and death of any person;
ii. Personal and advertising injury;
iii. Damages because of physical damage to or destruction of property, including loss of
use of such property;
iv. Bodily injury or property damage arising out of completed operations; and
v. Contractor’s indemnity obligations under this Agreement.
To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a
combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall
provide the City with a current certificate of insurance including the following language: “The City of
Golden Valley is named as an additional insured with respect to the commercial general liability, business
automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess
liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the
City as an additional insured and contain a statement that such policies of insurance shall not be canceled
or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case
of non-payment.
18. Compliance with State Withholding Tax. Before final payment is made for the Work on this
project, Contractor must make a satisfactory showing that it has complied with the provisions of
Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid
employees on this project by providing to the City Engineer a Certificate of Compliance from the
Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor
must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that
Contractor has complied with the provisions of Minnesota Statutes Section 290.92.
19. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or
interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any
assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or
transfer any rights under or interest (including, but without limitation, moneys that may become due or
moneys that are due) in the Agreement without the written consent of the other except to the extent that
the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from
5
employing such independent consultants, associates, and subcontractors, as it may deem appropriate to
assist it in the performance of the Work required by this Agreement. Any instrument in violation of this
provision is null and void.
20. Independent Contractor. Contractor is an independent contractor. Contractor’s duties shall be
performed with the understanding that Contractor has special expertise as to the Work which Contractor
is to perform and is customarily engaged in the independent performance of the same or similar work for
others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall
control the manner in which the Work is performed; however, the nature of the Work and the results to
be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties
are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any
binding commitments or obligations on behalf of the City except to the extent expressly provided in this
Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor
as an independent contractor and not as an employee of the City for any purpose, including but not limited
to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability
for torts and eligibility for employee benefits.
21. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable
federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date.
Contractor’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives,
and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and
alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work
rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all
times while performing duties pursuant to this Agreement. Contractor agrees and understands that a
violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient
grounds for immediate termination of the Agreement by the City.
22. Entire Agreement. The Contract Documents shall constitute the entire agreement between the
City and Contractor, and supersede any other written or oral agreements between the City and
Contractor.
23. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
24. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with
the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement
shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this
Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or
otherwise.
25. Work Products and Ownership of Documents. All records, information, materials and other work
products, including, but not limited to the completed reports, drawings, plans, and specifications prepared
and developed in connection with the provision of the Work pursuant to this Agreement shall become the
property of the City, but reproductions of such records, information, materials and other work products
in whole or in part may be retained by Contractor. Regardless of when such information was provided,
Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising
out of or related to this Agreement, except as authorized by the City or as required by law. These
obligations survive the termination of this Agreement.
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26. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor
shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to
provide the requested Work.
27. Agreement Not Exclusive. The City retains the right to hire other professionals, contractors and
service providers for this or other matters, in the City’s sole discretion.
28. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor,
created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this
Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within
three business days if it receives a data request from a third party. This paragraph does not create a duty
on the part of Contractor to provide access to public data to the public if the public data are available from
the City, except as required by the terms of this Agreement. These obligations shall survive the termination
or completion of this Agreement.
29. No Discrimination. Contractor agrees not to discriminate in providing the Work under this
Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status
with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate
termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as
amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act,
Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs,
including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought
alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents,
employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide
accommodation to allow individuals with disabilities to participate in all Work under this Agreement.
Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for
effective communication with individuals with disabilities.
30. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is
Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is
Jason Schlauch, or designee who shall perform or supervise the performance of all Work.
31. Notices. Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return
receipt requested, addressed to:
CONTRACTOR THE CITY
Tim’s Tree Service, LLC.
5612 Corvallis Avenue North
Crystal, MN 55429
jason@timstreemn.com
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
tkieffer@goldenvalleymn.gov
or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
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32. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver
of any other provisions or any other or further breach, and no such waiver shall be effective unless made
in writing and signed by an authorized representative of the party to be charged with such a waiver.
33. Headings. The headings contained in this Agreement have been inserted for convenience of
reference only and shall in no way define, limit or affect the scope and intent of this Agreement.
34. Payment of Subcontractors. Contractor agrees to pay all laborers employed and all
subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to
pay any claims and demands for labor and materials, the City may apply the monies due to Contractor
toward paying and satisfying such claims and demands. The City has the right to apply monies due to
Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against
Contractor. The amount of such payments shall be deducted from the balance due to the Contractor.
Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any
subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed
services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%)
per month or any part of a month to the subcontractor on any undisputed amount not paid on time to
the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or
more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due
to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the
Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing
the action.
35. Severability. In the event that any provision of this Agreement shall be illegal or otherwise
unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full
force and effect.
36. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they
are duly authorized to sign on behalf of their respective organization. In the event Contractor did not
authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties
and liability of Contractor, described in this Agreement, personally.
37. Counterparts and Electronic Communication. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute
one and the same instrument. This Agreement may be transmitted by electronic mail in portable
document format (pdf) and signatures appearing on electronic mail instruments shall be treated as
original signatures.
38. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully
incorporated into this Agreement.
IN WITNESS WHEREOF, the City and Contractor have caused this Independent Contractor Agreement to
be executed by their duly authorized representatives in duplicate on the respective dates indicated
below.
8
TIM’S TREE SERVICE, LLC,
dba, HEARTWOOD TREE SURGEONS:
CITY OF GOLDEN VALLEY:
By: _________________________________
Name: ______________________________
Title: _______________________________
By: _________________________________
Shepard M. Harris, Mayor
By: _________________________________
Timothy J. Cruikshank, City Manager
EXHIBIT A
SCOPE OF WORK
1. Work. The Work shall include all labor and equipment necessary to remove all brush and branches
four inches (4”) in diameter or smaller (the “Materials”) from the boulevards in each section. The work
shall include the following:
a. Remove the Materials from the boulevard with clam trucks and operators.
b. Clean the pickup area and repair any areas damaged by equipment.
c. Provide return service to properties not covered during initial cleanup.
d. Videotape piles not complying with City requirements including shot of address on house for
reference. Video should clearly show non-compliance and date.
2. Location. Contractor shall remove the Materials from street boulevards within the City. The City
staff has divided the City into the following three sections for the removal operation:
Section 1 is the area north of TH 55 and east of Douglas Drive.
Section 2 is the area north of TH 55 and west of Douglas Drive.
Section 3 is the area south of TH 55.
3. Schedule. Contractor shall complete the Work in each section according to the following
schedule:
Section Start Date Completion Date
Section 1 April 27, 2020 May 4, 2020
Section 2 May 4, 2020 May 11, 2020
Section 3 May 11, 2020 May 18, 2020
Contractor shall complete each section of Work by the Completion Date stated in the table above. If the
City receives requests for additional pick-ups from residents by May 18, 2020, the City’s representative
may develop a list of additional work to be performed by the Contractor (the “Additional Pick-Ups”).
Contractor shall perform all Additional Pick-Ups at the unit price for equipment and labor in Exhibit C.
Contractor shall not be entitled to increased prices to perform the Additional Pick-Ups. All Work under
this contract including, but not limited to the Additional Pick-Ups shall be completed by June 1, 2020 (the
Final Completion Date”).
If Contractor fails to complete the Work within each section by the Final Completion Date, the City may
charge Contractor, and withhold from any monies due to Contractor, liquidated damages in the amount
of $500 per calendar day until all of the Work is completed.
4. Disposal. Contractor shall collect, transport, and deposit all collected Materials at the City
Designated Collection Facility located at 9305 10th Avenue North, Golden Valley, MN 55427. Contractor
shall make reasonable efforts to keep the areas outside of the designated storage site at the City
Designated Collection Facility free of debris. Contractor shall stack the Materials each day in an organized
manner such that the debris is oriented in a uniform direction for efficient transfer.
EXHIBIT B
SPECIAL CONDITIONS
1. Responsible Contractor Certification. Contractor and subcontractor(s) shall be a “responsible contractor”
as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the
minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance
with the minimum requirements, will not be a “responsible contractor” and will be ineligible to perform the Work.
Contractor and subcontractor(s) are that make a false statement verifying compliance with any of the minimum
criteria shall result in the termination of this Agreement.
2. Safety Precautions and Accident Prevention. Contractor shall observe and comply with all requirements
to the safety of the workforce to be employed on the project. Contractor shall comply with all safety measures
recommended and required by any governmental agency, including the Department of Labor and Industry,
Division of Accident Prevention of the Industrial Commission of Minnesota, and with the requirements of the
Workmen's Compensation Act and any amendments thereto. Attention is called to the other paragraphs of these
Special Conditions covering safety precautions and accident prevention. Contractor shall be responsible for all
safety issues on this project. Contractor shall comply with instructions from the City for implementing any
additional safety-related requirements.
3. Temporary Traffic Control Devices. Contractor, at its own expense, shall furnish and deploy temporary
traffic control signs and devices in accordance with the provisions of the Minnesota Manual on Uniform Traffic
Control Devices (MMUTCD) when the Work occurs on or adjacent to any street, alley or public place. Contractor
shall, at Contractor’s own cost and expense, furnish and erect such barricades, fences, lights and danger signals,
and shall take such other precautionary measures for the protection of persons and property and of the work as
is necessary. A sufficient number of devices shall be erected to keep vehicles from driving into the work zone and
to warn pedestrians and children of the existence of the Work. Contractor shall be responsible for all damages,
costs to repair, fees or other losses due to failure of barricades, signs, or lights. Contractor shall be solely
responsible for the maintenance of barricades, signs and devices.
4. DOT Compliance. All of Contractor’s drivers performing work for the City must be in compliance with the
Minnesota Department of Transportation (“DOT”) requirements related to holding a Commercial Driver’s License
CDL). Contractor shall be responsible for ensuring its own compliance with all applicable DOT regulations and
requirements, including but not limited to DOT regulations related to drug testing and the maintenance of drug
testing records. Contractor shall indemnify and hold harmless the City for any fines or penalties incurred as a result
of Contractor’s failure to comply with DOT requirements as set forth above. It shall be Contractor’s responsibility
to comply and provide evidence to the City of DOT compliance upon request.
5. Hours of Operation. Contractor shall perform the Work Monday through Saturday from 7:00 a.m. to 7:00
p.m., excluding holidays.
6. Noise Elimination. Contractor shall eliminate noise to the greatest extent possible at all times. Air
compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power
equipment shall be provided with mufflers approved by the manufacturer.
7. Payment. Payment for this project will be on an hourly basis as stated in Exhibit C and shall be based on
the number of hours worked and the type of equipment used. The Contractor shall submit to the City’s
representative a time sheet for each day’s activities. The estimated quantities on the Proposal form are for
determination of the lowest proposal for the Work. Actual quantities may be adjusted so long as the total Contract
Price does not exceed the amounted budgeted by the City. Contractor shall use as many pieces of equipment and
provide the necessary labor force to ensure all of the Work is completed within the Contract Time.
8. Contract Time Extension. Contractor shall perform fully, entirely, and in an acceptable manner, the Work
within the Contract Time stated in this Agreement. If Contractor determines it is impossible to complete the Work
within the Contract Time, Contractor shall request an extension from the City, in writing, not less than ten days
prior to end of the Contract Time. Contractor’s extension request shall detail fully in the reasons for the requested
extension. The City, in its sole discretion, may grant or deny Contractor’s extension request. The City will only
grant extension requests if the Work has been delayed by circumstances beyond Contractor’s control, or if the
Material quantities substantially exceed the estimated quantities.
9. Risk of Loss. Contractor acknowledges that it will bear all risk of loss with regard to its performance under
this Agreement, including without limitation, the cost of losses caused by delays attributable to Contractor,
breakdowns of trucks, equipment and the acts or omissions of Contractor’s employees.
EXHIBIT C
PROPOSAL
Contractor certifies that an examination has been made of the scope and location of work and proposes to furnish
all necessary machinery, equipment, tools, labor and other means for the Work and to furnish all materials
specified in the manner and at the time prescribed in the Contract Documents. Contractor understands that the
quantities shown herein are approximate only and are subject to increase or decrease. Contractor further
understands all quantities, whether increased or decreased, shall be performed at the unit prices below. The cost
of hauling to the dumpsite and the cost of dumping material at the site shall be included in the prices bid for the
equipment.
Clam Truck with Operator 80.00 /hr. X 290 hours = $ 23,200.00
Haul Truck with Operator $ 95.00 /hr. X 290 hours = $ 27,550.00
2 Person Clean-Up Crew $ 54.00 /hr. X 290 hours = $ 15,660.00
TOTAL: GRAND TOTAL COST TO PROVIDE SERVICES FOR 2020 SPRING BRUSH PICK-UP $ 66,410.00
Golden Valley City Council Meeting
March 4, 2020
Agenda Item
3. F. Support Legislation Authorizing the Collection Infrastructure Development Fees
Prepared By
Marc Nevinski, Physical Development Director
Summary
In the case of Harstad v. City of Woodbury, the Minnesota Supreme Court found that statutory cities do
not have authority to impose an infrastructure fee for future road improvements as part of approving
residential development.
Currently, state law (Minnesota Statutes, section 462.358, subdivision 2a) allows a city to condition
approval of a subdivision application on either the developer (1) constructing or installing the
improvements, or (2) providing a form of “financial security” enough to assure the city that the
improvements will be constructed or installed according to the city specifications. The Supreme Court
found that the City of Woodbury’s infrastructure fee program was outside of this authority.
Historically, funding for needed infrastructure improvements resulting from development, such as
major street or intersections, has come from such fees. Cities generally have adopted the position that
development should pay for itself and the cost of infrastructure improvements should not be placed on
residents. The Supreme Court’s decision in Harsad left unanswered important questions for cities to
grapple with when addressing development impacts.
The League of Minnesota Cities is urging city councils to adopt a resolution providing clarity after the
Minnesota Supreme Court’s decision in Harstad, where the court found there was no existing statutory
authority to collect fees for future infrastructure improvements when approving residential
development.
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to adopt Resolution supporting legislation that would authorize cities to collect infrastructure
development fees to fund municipal street improvements, including street improvements, as a necessary
component of growth and redevelopment.
City Council Regular Meeting Executive Summary
City of Golden Valley
March 4, 2020
2
Supporting Documents
Resolution Supporting Legislation Authorizing the Collection of Infrastructure Development Fees to
Fund Municipal Improvements as a Necessary Component of Growth and Redevelopment (2 pages)
RESOLUTION NO. 20-19
RESOLUTION SUPPORTING LEGISLATION AUTHORIZING THE COLLECTION OF
INFRASTRUCTURE DEVELOPMENT FEES TO FUND MUNICIPAL IMPROVEMENTS AS
A NECESSARY COMPONENT OF GROWTH AND REDEVELOPMENT
WHEREAS, populations in Minnesota cities are growing statewide; and
WHEREAS, the development and construction associated with that growth are
driving the need for road improvements, street oversizing, street redesign, and street
reconstruction; and
WHEREAS, municipal statutory authority appropriately exists for fees to support
added need for parks, sewer, and water; and
WHEREAS, the Minnesota Supreme Court found in Harstad v. City of Woodbury
that no statutory authority existed for infrastructure development fees; and
WHEREAS, city streets are one of the several major types of infrastructure local
government is responsible to provide to protect public safety and health, and city streets
represent an integral piece of the network of roads supporting movement of people and
goods; and
WHEREAS, existing funding mechanisms, such as Municipal State Aid (MSA),
property taxes, and special assessments have limited applications, leaving cities under-
equipped to address growing needs; and
WHEREAS, funding sources for larger streets and intersections to support new
developments have historically come from infrastructure development fees; and
WHEREAS, cities should not be forced to make current residents and businesses
pay for costs of growth through local taxes but rather, those fees should be borne by those
that are profiting from the growth; and
WHEREAS, cities are finding it difficult to develop adequate funding systems to
support needed infrastructure development related to growth while complying with existing
state statutes; and
WHEREAS, cities need flexible policies and greater resources in order to meet
growing demands for street improvements.
NOW THEREFORE BE IT RESOLVED, that the City Council for the City of Golden
Valley that this Council supports legislation that would authorize cities to collect
infrastructure development fees to fund municipal infrastructure improvements, including
street improvements, as a necessary component of growth and redevelopment.
Resolution No. 20-19 -2-March 4, 2020
Adopted by the City Council of Golden Valley, Minnesota this 4th day of March, 2020.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Golden Valley City Council Meeting
March 4, 2020
Agenda Item
3. G. Support Submittal of Application to Minnesota Pollution Control Agency for Minnesota
GreenCorps Host Site
Prepared By
Eric Eckman, Development and Assets Coordinator
Drew Chirpich, Environmental Specialist
Summary
Minnesota GreenCorps is an AmeriCorps program that began in 2009. The goal of Minnesota
GreenCorps is to preserve and protect Minnesota’s environment while training a new generation of
environmental professionals. The program places members with host sites around the state to assist
communities and local governments in addressing a variety of statewide needs. For the 2020-2021
program year, the Minnesota Pollution Control Agency (MPCA) anticipates placing and supporting up
to 42 full-time GreenCorps members throughout Minnesota. More information is available at:
https://www.pca.state.mn.us/mngreencorps/program-information.
The City has been successful applying for GreenCorps members in the past. A GreenCorps member
worked at City Hall from September 2016 to August 2017. The member focused on GreenStep Cities
initiatives, developing the City’s Resilience & Sustainability Plan, and implementing the City’s Natural
Resources Management Plan. The City is also hosting a member for the 2019-2020 service term. The
member is working on waste reduction strategies, and exploring options to implement a curbside
organics program.
If selected by MPCA, the GreenCorps member would work at City Hall on a full-time basis from
September 2020 to August 2021. The GreenCorps member would assist the City with its energy
efficiency goals, including benchmarking existing buildings energy usage, exploring ways to reduce
energy consumption, and retrofitting buildings with energy saving equipment.
If the City is selected as a host site, the City is required to provide in-kind support in the form of staff
supervision, office materials, mileage reimbursement or use of a city vehicle, safety gear, and training
as needed. Staff is confident that the City has the capacity and staff experience to provide the required
in-kind support.
A resolution of support from City Council is required as part of the application process.
City Council Regular Meeting Executive Summary
City of Golden Valley
March 4, 2020
2
Financial Or Budget Considerations
This summarized budget implications.
Recommended Action
Motion to adopt Resolution to Support Submittal of an Application to Minnesota Pollution Control
Agency for Minnesota GreenCorps Host Site.
Supporting Documents
Resolution to Support Submittal of Application to the Minnesota Pollution Control Agency for
Minnesota GreenCorps Host site (1 page)
RESOLUTION NO. 20-20
RESOLUTION SUPPORTING SUBMITTAL OF APPLICATION
TO MINNESOTA POLLUTION CONTROL AGENCY
FOR MINNESOTA GREENCORPS HOST SITE
WHEREAS, the City of Golden Valley is eligible to apply for the placement of one
Minnesota Pollution Control Agency GreenCorps member at City Hall for the next program
year (September 2020-August 2021); and
WHEREAS, the selected candidate would work with staff and the Environmental
Commission to implement the City’s Resilience & Sustainability Plan, GreenStep Cities
program, and Partners In Energy initiatives; and
WHEREAS, the selected candidate would focus on assisting the City with its energy
consumption and efficiency goals, objectives, and implementation actions; and
WHEREAS, staff has reviewed all terms and conditions of this funding opportunity
and finds them to be satisfactory.
NOW THEREFORE BE IT RESOLVED by the City Council of Golden Valley that the
Council is supportive of staff’s submittal of an application to the Minnesota Pollution Control
Agency for the placement of one Minnesota GreenCorps member at City Hall from
September 2020 to August 2021.
Adopted by the City Council of Golden Valley, Minnesota this 4th day of March, 2020.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Golden Valley City Council Meeting
March 4, 2020
Agenda Item
3. H. Authorize Agreement for DeCola Ponds E & F Flood Mitigation Planning
Prepared By
Jeff Oliver P.E., City Engineer
Eric Eckman, Environmental Resources Supervisor
Summary
This agreement outlines services to update flood models, engage with stakeholders, and develop
concept plans for the next phases of the DeCola Ponds Flood Mitigation Project. Prior phases include
the Liberty Crossing Flood Mitigation Project completed in 2016 and the DeCola Ponds B & C
Improvement Project currently underway and nearing completion.
The next phases of the project, SEA School/Wildwood Park Flood Mitigation and Isaacson
Park/Industrial Area Flood Mitigation, will provide a greater benefit to the areas around DeCola Ponds
E and F by reducing flood levels and flood damages to nearby homes, businesses, and infrastructure.
The agreement with Barr Engineering will provide planning level engineering services for the next
phases of the project and demonstrates progress toward construction readiness to help secure a
MNDNR Flood Damage Reduction Grant (funded by State bonding proceeds). The services include:
Evaluation of SEA School/Wildwood Park Alternatives
Update flood models
Develop concepts and alternatives for the SEA School/Wildwood Park area
Planning level cost estimates
Evaluation of Isaacson Park/Industrial Area Alternatives
Update flood models to reflect potential improvements
Develop concepts and alternatives for flood storage in the Isaacson Park/Industrial Area and
modification of the outlet from Pond D to Pond E.
Planning level cost estimates
Project Meetings/Stakeholder Engagement
Prepare materials and attend up to three project meetings and a public open house
Project Summary
Preparation of draft and final reports
Work will begin in March 2020 and is expected to be completed by August 2020.
City Council Regular Meeting Executive Summary
City of Golden Valley
March 4, 2020
2
Following this planning study, the Bassett Creek Watershed Management Commission (BCWMC) will
complete an engineering feasibility study of each project area, building on the community input and
concept plans developed during the City’s planning study. If funding to implement this project is
received through the MNDNR’s Flood Damage Reduction Program (funded by State bonding proceeds),
and the BCWMC authorizes a project, the City will need to enter into a grant agreement with the State,
a cooperative agreement with the BCWMC, and a professional services agreement for design and
construction services.
Financial Or Budget Considerations
The 2020 Storm Sewer Capital Improvement Program (SS-69) includes $40,000 to complete the
planning study.
Recommended Action
Motion to authorize the Mayor and City Manager to execute the DeCola Ponds E & F Flood Mitigation
Planning agreement with Barr Engineering in the form approved by the City Attorney in an amount not
to exceed $40,000.
Supporting Documents
Location Map (1 page)
Agreement with Barr Engineering (12 pages)
<len Valley l t �1d!Hlr.-:.d-----l
Page18 City of Golden Valley 2020 Legislative Priorities 7800 Golden Valley Road, Golden Valley, MN 55427 I 763-593-8006
DeCola Ponds,
Medicine Lake Road
and Winnetka Avenue
Long-Term Flood
Mitigation Plan
Floodplain
Flood Prone Properties
Flood Storage Area
Sub-Watershed
Boundary
Print Date: 1/812020
Sources:
-Hennepin County SuNeyors Office for
aerial photography (2018). e-MnDNR for city boundary lines & road
data (2014).
-Baff for 100-year inundation a19a &
watershed boundary of project area (2017).
-City of Golden Valley for all other layers.
225 450 900
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Page19
1
PROFESSIONAL SERVICES AGREEMENT
DECOLA PONDS E AND F FLOOD MITIGATION PLANNING
THIS AGREEMENT is made this 4th day of February, 2020 (“Effective Date”) by and between Barr
Engineering Co. a Minnesota company with its principal office at 7300 Market Pointe Drive, Ste. 200,
Minneapolis, MN 55435 (“Consultant”), and the City of Golden Valley, Minnesota, a Minnesota municipal
corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”):
RECITALS
A. Consultant is engaged in the business of providing professional engineering consulting services.
B. The City desires to hire Consultant to provide concept plan development services for the SEA
School/Wildwood Park and Isaacson Area phases of the DeCola Ponds Flood Mitigation Project.
C. Consultant represents that it has the professional expertise and capabilities to provide the City
with the requested professional services.
D. The City desires to engage Consultant to provide the services described in this Agreement and
Consultant is willing to provide such services on the terms and conditions in this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and
Consultant agree as follows:
AGREEMENT
1. Services. Consultant agrees to provide the City with professional consulting services as described
in the attached Exhibit A (the “Services”). Exhibit A shall be incorporated into this Agreement by
reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily
exercised by professionals currently providing similar services.
2. Time for Completion. The Services shall be completed on or before July 31, 2020, provided that
the parties may extend the stated deadline upon mutual written agreement. This Agreement shall remain
in force and effect commencing from the effective date and continuing until the completion of the project,
unless terminated by the City or amended pursuant to the Agreement.
3. Consideration. The City shall pay Consultant for the Services on an hourly basis according to
Consultant’s fee schedule, attached hereto as Exhibit B. Consultant’s total compensation for the Services,
including hourly fees and expenses charged pursuant to paragraph 4, shall not exceed $40,000. The
consideration shall be for both the Services performed by Consultant and the expenses incurred by
Consultant in performing the Services. The City shall make progress payments to Consultant on a monthly
basis. Consultant shall submit statements to the City containing a detailed list of project labor and hours,
rates, titles, and amounts undertaken by Consultant during the relevant billing period. The City shall pay
Consultant within thirty (30) days after Consultant’s statements are submitted.
4. Expense Reimbursement. In addition to hourly fees, Consultant shall be compensated separately
for necessary out-of-pocket expenses at the rates set forth in Exhibit B.
2
5. Approvals. Consultant shall secure the City’s written approval before making any expenditures,
purchases, or commitments on the City’s behalf beyond those listed in the Services. The City’s approval
may be provided via electronic mail.
6. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may
be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time;
b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City
upon providing thirty (30) days’ written notice to the City;
c. The City may terminate this Agreement at any time at its option, for any reason or no reason at
all; or
d. The City may terminate this Agreement immediately upon Consultant’s failure to have in force
any insurance required by this Agreement.
In the event of a termination, the City shall pay Consultant for Services performed to the date of
termination and for all costs or other expenses incurred prior to the date of termination.
7. Amendments. No amendments may be made to this Agreement except in a writing signed by
both parties.
8. Remedies. In the event of a termination of this Agreement by the City because of a breach by
Consultant, the City may complete the Services either by itself or by contract with other persons or
entities, or any combination thereof. These remedies provided to the City for breach of this Agreement
by Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or
equitable remedies available because of Consultant’s breach.
9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that
the books, records, documents, and accounting procedures and practices of Consultant, that are relevant
to this Agreement or transaction, are subject to examination by the City and the state auditor or legislative
auditor for a minimum of six years. Consultant shall maintain such records for a minimum of six years
after final payment. The parties agree that this obligation will survive the completion or termination of this
Agreement.
10. Indemnification. To the fullest extent permitted by law, Consultant, and Consultant's successors
or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials,
agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature,
or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but
not limited to attorneys’ fees, professional services, and other technical, administrative or professional
assistance to the extent caused by Consultant’s (or its subcontractors, agents, volunteers, members, invitees,
representatives, or employees) negligent performance of the duties required by or arising from this
Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Consultant,
or arising out of Consultant’s failure to obtain or maintain the insurance required by this Agreement.
Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation of liability to
which the City is entitled. The parties agree that these indemnification obligations shall survive the
completion or termination of this Agreement.
3
11. Insurance. Consultant shall maintain reasonable insurance coverage throughout this
Agreement. Consultant agrees that before any work related to the approved project can be performed,
Consultant shall maintain at a minimum:
Workers’ Compensation and Employers’ Liability
1. Coverage A: Per State Statute
2. Coverage B: $500,000 Each Accident
500,000 Disease – Policy Limit
500,000 Disease – Each Employee
Commercial General Liability
1. $2,000,000 General Aggregate
2. $2,000,000 Products – Completed Operations Aggregate
3. $1,000,000 Each Occurrence
4. $1,000,000 Personal Injury
Commercial Automobile Liability
1. $1,000,000 Combined Single Limit Bodily Injury and Property Damage
The Commercial Automobile Liability shall provide coverage for the
following automobiles:
1. All Owned Automobiles
2. All Non-Owned Automobiles
3. All Hired Automobiles
Umbrella Liability
1. $10,000,000 Each Claim
10,000,000 Annual Aggregate
2. The Umbrella Liability provides excess limits for the Commercial General Liability,
Employers’ Liability, and Commercial Automobile Liability policies.
Professional and Pollution Incident Liability
Professional Liability insurance including Pollution Incident Liability coverage with
limits of not less than $5,000,000 Per Claim/ $5,000,000 Annual Aggregate.
Consultant shall provide the City with a current certificate of insurance including the following
language: “The City of Golden Valley is named as an additional insured with respect to the commercial
general liability, business automobile liability and umbrella or excess liability, as required by the
contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate
of liability insurance shall list the City as an additional insured and contain a statement that such policies
of insurance shall not be canceled or amended unless 30 days written notice is provided to the City, or 10
days written notice in the case of non-payment.
12. Subcontracting. Neither the City nor Consultant shall assign or transfer any rights under or
interest (including, but without limitation, moneys that may become due or moneys that are due) in this
Agreement without the written consent of the other except to the extent that the effect of this limitation
4
may be restricted by law. Unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or responsibility under
this Agreement. Nothing contained in this paragraph shall prevent Consultant from employing such
independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the
performance of the Services required by this Agreement. Any instrument in violation of this provision is
null and void.
13. Assignment. Neither the City nor Consultant shall assign this Agreement or any rights under or
interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any
assignment in violation of this provision is null and void.
14. Independent Contractor. Consultant is an independent contractor. Consultant’s duties shall be
performed with the understanding that Consultant has special expertise as to the services which
Consultant is to perform and is customarily engaged in the independent performance of the same or
similar services for others. Consultant shall provide or contract for all required equipment and personnel.
Consultant shall control the manner in which the services are performed; however, the nature of the
Services and the results to be achieved shall be specified by the City. The parties agree that this is not a
joint venture and the parties are not co-partners. Consultant is not an employee or agent of the City and
has no authority to make any binding commitments or obligations on behalf of the City except to the
extent expressly provided in this Agreement. All services provided by Consultant pursuant to this
Agreement shall be provided by Consultant as an independent contractor and not as an employee of the
City for any purpose, including but not limited to: income tax withholding, workers' compensation,
unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits.
15. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable
federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees
to provide the Services. Consultant’s guests, invitees, members, officers, officials, agents, employees,
volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual
harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy,
as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct
of persons on City property, at all times while performing duties pursuant to this Agreement. Consultant
agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach
of the Agreement and sufficient grounds for immediate termination of the Agreement by the City.
16. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties
shall constitute the entire agreement between the City and Consultant, and supersedes any other written
or oral agreements between the City and Consultant. This Agreement may only be modified in a writing
signed by the City and Consultant. If there is any conflict between the terms of this Agreement and the
referenced or attached items, the terms of this Agreement shall prevail. If there is any conflict between
this Agreement and Exhibits A or B, the terms of this Agreement shall prevail.
17. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
18. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with
the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement
shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this
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Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or
otherwise.
19. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in its representation of the City. In the event of a conflict of interest,
Consultant shall advise the City and either secure a waiver of the conflict, or advise the City that it will be
unable to provide the requested Services.
20. Work Products and Ownership of Documents. All records, information, materials, and work
product, including, but not limited to the completed reports, data collected from or created by the City or
the City’s employees or agents, raw market data, survey data, market analysis data, and any other data,
work product, or reports prepared or developed in connection with the provision of the Services pursuant
to this Agreement shall become the property of the City, but Consultant may retain reproductions of such
records, information, materials and work product. Regardless of when such information was provided or
created, Consultant agrees that it will not disclose for any purpose any information Consultant has
obtained arising out of or related to this Agreement, except as authorized by the City or as required by
law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or
interests in any intellectual property created by Consultant prior to the effective date of this Agreement;
however, to the extent Consultant generates reports or recommendations for the City using proprietary
processes or formulas, Consultant shall provide the City (1) factual support for such reports and
recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the
recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the
obligations in this paragraph shall survive the completion or termination of this Agreement.
21. Agreement Not Exclusive. The City retains the right to hire other professional service providers for
this or other matters, in the City’s sole discretion.
22. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant,
created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this
Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13. Consultant agrees to notify the City within
three business days if it receives a data request from a third party. This paragraph does not create a duty
on the part of Consultant to provide access to public data to the public if the public data are available from
the City, except as required by the terms of this Agreement. These obligations shall survive the termination
or completion of this Agreement.
23. No Discrimination. Consultant agrees not to discriminate in providing products and services under
this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status
with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate
termination of this Agreement. Consultant agrees to comply with Americans with Disabilities Act as
amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act,
Minnesota Statutes, Chapter 363A. Consultant agrees to hold harmless and indemnify the City from costs,
including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought
alleging a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents,
employees, volunteers, representatives and subcontractors. Upon request, Consultant shall provide
accommodation to allow individuals with disabilities to participate in all Services under this Agreement.
Consultant agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for
effective communication with individuals with disabilities.
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24. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is
Jeff Oliver, City Engineer, or designee. Consultant’s authorized agent for purposes of administration of
this contract is Jen Koehler, or designee who shall perform or supervise the performance of all Services.
25. Notices. Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return
receipt requested, addressed to:
CONSULTANT THE CITY
Barr Engineering Company City of Golden Valley
4300 MarketPointe Drive Suite #200 ATTN: Jeff Oliver
Minneapolis, MN 55435 7800 Golden Valley Road
Golden Valley, MN 55437
joliver@goldenbvalleymn.gov
or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
26. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver
of any other provisions or any other or further breach, and no such waiver shall be effective unless made
in writing and signed by an authorized representative of the party to be charged with such a waiver.
27. Headings. The headings contained in this Agreement have been inserted for convenience of
reference only and shall in no way define, limit or affect the scope and intent of this Agreement.
28. Payment of Subcontractors. Consultant agrees that it must pay any subcontractor within 10 days
of the Consultant’s receipt of payment from the municipality for undisputed Services provided by the
subcontractor. Consultant agrees that it must pay interest of 1-1/2 percent per month or any part of a
month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid
balance of less than $100, the Consultant shall pay the actual penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from Consultant must be awarded
its costs and disbursements, including attorneys’ fees, incurred in bringing the action.
29. Publicity. At the City’s request, the City and Consultant shall develop language to use when
discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the
Services or the subject matter of this Agreement without prior consent from the City. Consultant shall not
use the City’s logo or state that the City endorses its services without the City’s advanced written
approval.
30. Severability. In the event that any provision of this Agreement shall be illegal or otherwise
unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full
force and effect.
31. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they
are duly authorized to sign on behalf of their respective organization. In the event Consultant did not
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authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties
and liability of Consultant, described in this Agreement, personally.
32. Counterparts and Electronic Communication. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute
one and the same instrument. This Agreement may be transmitted by electronic mail in portable
document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as
original signatures.
33. Recitals. The City and Consultant agree that the Recitals are true and correct and are fully
incorporated into this Agreement.
IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be
executed by their duly authorized representatives in duplicate on the respective dates indicated below.
BARR ENGINEERING CO.: CITY OF GOLDEN VALLEY:
By: _________________________________
Name: ______________________________
Title: _______________________________
By: _________________________________
Shepard M. Harris, Mayor
By: _________________________________
Timothy J. Cruikshank, City Manager
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EXHIBIT A
SCOPE OF SERVICES
1/3/2019
Mr. Jeff Oliver
City Engineer
City of Golden Valley 7800
Golden Valley Road Golden
Valley, MN 55427
Re: Agreement for DeCola Ponds E & F Flood Mitigation Planning
Dear Mr. Oliver:
Thank you for selecting us to continue working with you on the implementation of the City’s long term flood
mitigation plan for the DeCola Ponds area. This is a planning level study to explore and evaluate potential
alternatives/concepts and further engage with stakeholders in the areas around DeCola Ponds E & F, Wildwood
Park, SEA school, Isaacson Park and the Sandburg Industrial area. Ultimately this effort will allow for the City to
better budget and plan for this flood mitigation project during the city’s capital improvement program (CIP)
planning, will help the city prepare for the upcoming Bassett Creek Watershed Management Commission
feasibility study for this project, and allow for continued coordination of funding through the Minnesota
Department of Natural Resources (MnDNR) Flood Damage Reduction Grant Program through the Minnesota State
legislature and bonding bills.
The scope of professional consulting services we will provide for your project includes the following:
Task 1: Evaluation of SEA School/Wildwood Park Alternatives
In Task 1, Barr will complete updates to the XP-SWMM model that includes the final designs of the Liberty Crossing
Flood mitigation project and the DeCola Ponds B & C improvement projects as well as the conceptual design of the
flood mitigation project for the SEA School/Wildwood Park site from the Medicine Lake Road and Winnetka
Avenue Area Long Term Flood Mitigation Plan (MLRWA plan). This model run will establish the anticipated baseline
impact of the project on flood elevations in DeCola Ponds E & F. The modeling will focus on the Atlas 14 2-year, 10-
year, and 100-year, 24-hour design storm events.
From there, we will utilize this model to evaluate up to three (3) additional flood mitigation concepts building off
the work complete from the past studies as well as developing concepts that coordinate with upcoming
improvements in the area with the Robbinsdale Area School District (school district) and City of Golden Valley
Parks & Recreation Department (parks department). We assume that City of Golden Valley Engineering staff will
be facilitating conversations with the appropriate contacts with the school district and parks department and will
be able to provide information such as sketches/drawings related to upcoming improvements (e.g. building and
parking lot modifications at the SEA School etc.). All concepts will try to preserve much of the wooded knoll on the
northeast corner of Wildwood Park as well as the recreational uses in the area (e.g. tennis and sport fields). A plan
view figure will be developed for each of the proposed concepts.
Barr, with assistance from Golden Valley staff, will also follow-up with Hennepin County regarding conclusions
from survey of cities compiling the appropriate depth of storage/conveyance allowed in city streets during large,
intense rain events. In addition to evaluating the concepts from a flood impact perspective, Barr will also
summarize educational and recreational opportunities with each of the concepts.
Barr will develop planning level cost estimates for each of the three flood mitigation alternatives on the SEA
School/Wildwood Park properties, including project extents and estimated costs for potential easements
required.
Deliverables
XP-SWMM models and results for three flood mitigation concepts
Plan View Figures of up to three concepts
Planning level cost estimates for up to three concepts
Task 2: Evaluation of Isaacson Area Projects
Although the primary focus of this effort is on the flood mitigation potential at the SEA School and Wildwood Park
properties, a high-level evaluation considering alternative flood storage options in the watershed to DeCola Pond F
the Isaacson Park and Sandburg industrial area). Although the project identified in the MLRWA plan was in the
preferred location from a drainage standpoint, the property owner of the parcel recently invested significantly in
the facility. Based on this, the City would like Barr to look at the impact of incorporating flood storage at a few
other locations in the industrial watershed draining to the northeast corner of Pond F along with the diversion of
lower flows away from Pond F. Additionally, this effort will also include evaluation of modifications to the DeCola
Pond D outlet that would reduce the amount of accumulated debris and therefore reduce outlet maintenance.
Frequent plugging or partial plugging of this outlet results in Pond D water elevations above its normal level. This
can result in higher flood elevations on DeCola Pond D. In addition to a concept that reduces maintenance, Barr
will evaluate upsizing of the Pond D outlet to evaluate impact on flood elevations on all DeCola Ponds. Proposed
Pond D outlet modifications will be evaluated to make sure they do not negatively impact the flood solutions for
Ponds E &F.
Barr will utilize this model to evaluate up to three (3) additional flood mitigation concepts in the Isaacson area and
two (2) outlet modification concepts for Pond D, utilizing the model from Task 1. The modeling will focus on the
Atlas 14 2-year, 10-year, and 100-year, 24-hour design storm events. Barr will develop plan view figures for each of
the proposed concepts along with planning level cost estimates for each alternative. The planning level costs will
include construction, engineering and design, and the estimated acquisition, relocation, and demolition costs
associated with the targeted parcels in each concept.
This understanding will allow City staff to make more informed decisions in relation to flood mitigation in this area
as properties may change ownership or to coordinate with other planning efforts. We have assumed that at this
time, there will be little or no outreach or coordination with property owners in the Isaacson area.
Deliverables
XP-SWMM models and results for three flood mitigation concepts
Plan View Figures of the three concepts
Planning level cost estimates for the three concepts
Task 3: Project Meetings
City staff will be coordinating and leading meetings with school district and parks department staff. Barr has
assumed that we will need to prepare for and attend up to three (3) project meetings which could include the
following:
Project Meeting #1 – Project Kickoff with City Engineering & Parks and school district (SEA School
facilities) staff (Anticipated: February/March)
Open House – With area residents (Anticipated: April/May)
Project Meeting #2 – Review of concepts, model results, and costs with City Engineering staff
Anticipated: May/June)
Project Meeting #3 – Project Summary Meeting (Anticipated: July)
We assumed that all meeting will be held in Golden Valley either at the City Hall, Brookview Community Center,
or at the SEA School (if appropriate).
Deliverables
Up to three (3) project meetings and one (1) open house
Task 4: Project Summary
Barr will develop a summary memorandum compiling the results of the additional flood mitigation evaluation for
the SEA School/Wildwood Park site and in the Isaacson area. City staff will be allowed to review and comment on
the summary prior to finalizing the memorandum. This assumes that there are not significant comments that
require any revisions to modeling or concepts.
Deliverables
Draft summary memo (provided in electronic format)
Conference Call or WebEx meeting with City staff to review comments
Final summary memo (provided in electronic format)
The estimated schedule for the services assumes Barr will receive authorization to begin work March 2020 with
project completion by July 31, 2020.
We will inform you of our progress by monthly progress reports and regular communications throughout the
project, as required.
For the services provided, you will pay us according to the attached Standard Terms. We will bill you monthly. The
cost of the services will not exceed $40,000 (USD) without prior approval by you.
We understand you (and Eric Eckman) have the authority to direct us. We will direct communications to you (and
Eric Eckman) at the address on this letter. Direction should be provided to me (or Jen Koehler) at 4300
MarketPointe Drive, Minneapolis, MN 55435.
EXHIBIT B
Fee Schedule—2020 Rev. 12/28/19
Rate*
Description (U.S. dollars)
Principal ......................................................................................................................................... $145-295
Consultant/Advisor ......................................................................................................................... $185-250
Engineer/Scientist/Specialist IV ..................................................................................................... $155-180
Engineer/Scientist/Specialist III...................................................................................................... $125-150
Engineer/Scientist/Specialist II......................................................................................................... $95-120
Engineer/Scientist/Specialist I............................................................................................................ $65-90
Technician III .................................................................................................................................. $125-150
Technician II ..................................................................................................................................... $95-120
Technician I ........................................................................................................................................ $60-90
Support Personnel II ........................................................................................................................ $95-150
Support Personnel I ........................................................................................................................... $50-90
Rates for litigation support services will include a 30% surcharge.
A ten percent (10%) markup will be added to subcontracts for professional support and construction services to cover
overhead and insurance surcharge expenses.
Invoices are payable within 30 days of the date of the invoice. Any amount not paid within 30 days shall bear interest from
the date 10 days after the date of the invoice at a rate equal to the lesser of 18 percent per annum or the highest rate allowed
by applicable law.
For travel destinations within the continental U.S. (CONUS) and Canada, meals will be reimbursed on a per diem basis.
The per diem rate will be as published by the U.S. Internal Revenue Service (IRS) based on the High-Low method. Full
day per diem rates will be pro-rated on travel days. For travel destinations outside the continental U.S. (CONUS) and
Canada, meals will be reimbursed based on actual expenses incurred.
All other reimbursable expenses including, but not limited to, costs of transportation, lodging, parking, postage, shipping
and incidental charges will be billed at actual reasonable cost. Mileage will be billed at the IRS-allowable rate.
Materials and supplies charges, printing charges, and equipment rental charges will be billed in accordance with Barr’s
standard rate schedules.
Principal category includes consultants, advisors, engineers, scientists, and specialists who are officers of the company.
Consultant/Advisor category includes experienced personnel in a variety of fields. These professionals typically have
advanced background in their areas of practice and include engineers, engineering specialists, scientists, related
technical professionals, and professionals in complementary service areas such as communications and public affairs.
Engineer/Scientist/Specialist categories include registered professionals and professionals in training (e.g. engineers,
geologists, and landscape architects), and graduates of engineering and science degree programs.
Technician category includes CADD operators, construction observers, cost estimators, data management
technicians, designers, drafters, engineering technicians, interns, safety technicians, surveyors, and water, air, and
waste samplers.
Support Personnel category includes information management, project accounting, report production, word processing, and
other project support personnel.
Golden Valley City Council Meeting
March 4, 2020
Agenda Item
3. I. Board/Commission Appointment
Prepared By
Tim Cruikshank, City Manager
Summary
On February 18, 2020, the Council interviewed applicants to fill vacancies on Board/Commissions. As a
result, the Ms. Giese was recommended to be appointed to the Human Rights Commission for a term
that expires on May, 2022. Ms. Giese will be sworn in at the next Human Rights Commission meeting.
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to make the following appointment:
Human Rights Commission
Mary Giese 2 year term term expires - May, 2022