01-05-21 City Council Agenda 7800 Golden Valley Road I Golden Valley,MN 55427 CltJ of
763-593-8012 1 TTY 763-593-3968 1 763-593-8109(fax)I www.goldenvalleymn.gov golden,,,,,, ,City Council \ va
January 5, 2021—6:30 pm
REGULAR MEETING AGENDA
This meeting will be held via Webex in accordance with the local emergency declaration made by
the City under Minn. Stat. § 12.37. The public may monitor this meeting by watching on Comcast
cable channel 16, by streaming on CCXmedia.org, or by calling 1-415-655-0001 and entering the
meeting code 177 434 5159. The public may participate in this meeting during public comment
sections, including the public forum beginning at 6:20 pm, by calling 763-593-8060. Additional
information about monitoring electronic meetings is available on the City website. For technical
assistance, please contact the City at 763-593-8007 or webexsupport@goldenvalleymn.gov. If
you incur costs to call into the meeting, you may submit the costs to the City for reimbursement
consideration.
1. Call to Order
A. Pledge of Allegiance Pages
B. Roll Call
2. Additions and Corrections to Agenda
3. Consent Agenda
Approval of Consent Agenda - All items listed under this heading are considered to be routine
by the City Council and will be enacted by one motion. There will be no discussion of these
items unless a Council Member so requests in which event the item will be removed from the
general order of business and considered in its normal sequence on the agenda.
A. Approval of Minutes:
1. Council Manager Meeting— December 8, 2020 3-5
B. Approval of City Check Register 6
C. Boards, Commissions, and Task Forces:
1. Receive and File Meeting Minutes— Facilities Study Task Force— November 17, 2020 7-13
D. Approval of Bids, Quotes and Contracts:
1. Authorize Professional Services Agreement to Update the City's 5-Year MS4 Storm 14-32
Permit with WSB and Associates
2. Authorize Agreement for the I-394 Inflow & Infiltration Phase 3 Design and 33-51
Construction Professional Services with SEH, Inc.
3. Authorization to Sign Amended Hennepin County Violent Offender Task Force 2021 52-77
Co-Operative Agreement
E. Grants and Donations:
1. Approve Resolution #21-01 to Apply for Department of Natural Resources 78-81
Conservation Partners Legacy Grant for Briarwood Nature Area
F. Designation of 2021 Official Newspaper 82
G. Designation of Depository for City Funds, Resolution #21-02 83-85
This document is available in alternate formats upon a 72-hour request. Please call
763-593-8006 (TTY: 763-593-3968)to make a request. Examples of alternate formats
may include large print, electronic, Braille,audiocassette, etc.
City of Golden Valley City Council Regular Meeting
January 5, 2021—6:30 pm
H. Approval of Use of Credit Cards for Purchases 86-87
I. Annual Elections of the 2021-2022 Insurance Policy, Resolution #21-03 88-89
J. Approve 2021 Council Appointments, Assignments and Reimbursements, Resolution 90-94
#21-04
K. Approval of 2021 Legislative Priorities 95-129
4. Public Hearing
A. Preliminary Plat—7324 Harold Avenue South 130-148
B. Approval of Conditional Use Permit 170—750 Boone Avenue North, Ordinance No. 702 149-169
5. Old Business
6. New Business
All Ordinances listed under this heading are eligible for public input.
A. Second Consideration of Ordinance No. 701 Amending Chapter 16, Article VIII — 170-173
Therapeutic Massage Licensing, Permitting, and Regulation
B. COVID-19 Pandemic Emergency Administrative Actions 174-175
C. Review of Council Calendar 176
D. Mayor and Council Communications
1. Other Committee/Meeting updates
7. Adjournment
7800 Golden Valley Road I Golden Valley,MN 55427 CltJ 0J
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City Council/Manager
December 8, 2020—6:30 pm
Virtual WebEx Meeting
REGULAR MEETING MINUTES
The meeting began at 6:30 pm.
Present: Mayor Harris and Council Members; Rosenquist, Fonnest, Sanberg and Harris.
Staff present: City Manager Cruikshank, Physical Development Director Nevinski, Finance
Director Virnig, Human Resources Director Santelices, City Attorney Cisneros and
Police Chief Sturgis
Also present: Tessia Melvin (DDA), Dan Burns (TAFT)
1. Discussion of Support for Tax Exempt Bond Application—Golden Gardens—Sector 612 Complex
Physical Development Director Nevinski presented the staff report on a proposed mixed-use
development project. The Council discussed bonding allocation and the potential addition of
affordable housing and green sustainable commercial space to the City.
Mr. Burns and staff answered questions from the Council.
The Council consensus was to bring forward a preliminary resolution of support for TEBA
application to the December 15 City Council meeting.
2. School Resource Officer Discussion
Police Chief Sturgis provided a brief summary of previous discussion on the approved Police School
Resource Officer Program at the October 7, City Council Meeting and said he was available to
answer any questions after additional discussion from the Council.
The Council discussed the goals of the program and the role of the School Resource Officer (SRO)
within the School District.
The Council Liaison to the School District 281 and 270 Government Advisory Committees will
gather input from the current program from both committees in their 2021 meetings and share the
information with the rest of the Council.
3. Employee Handbook Updates Discussion
Human Resources Director Santelices reviewed the proposed amendments to the Employee
Handbook. The Employee Handbook amendments will be considered at the next City Council
meeting on December 15.
2
City of Golden Valley City Council/Manager Regular Meeting Minutes
December 8, 2020—6:30 pm
4. Compensation and Classification Study Discussion
Human Resources Director Santelices provided an overview of the results of the compensation and
classification study including the proposed two-year implementation plan. The new classification
structure maintains pay equity and contains 23 grades for 95 job positions. The first half of the
implementation will take place in 2021 and the second half in 2022.
5. Discussion of 2021 Legislative Priorities
City Manager Cruikshank presented the proposed 2021 Legislative Priorities. The council reviewed
the package and the following proposed changes were made:
• 71. Support Funding For Bike And Pedestrian Safety Improvements To State Highway 55":
Insert specific language that clarifies that funding can be used for more than just project
construction.
• '72. Support Comprehensive Transportation Funding": Emphasize the importance of full
funding for Bus Rapid Transit on Highway 55, and highlight the City's support for The
Connect Blue Line Now! Coalition.
• Invert the order of the following priorities: "F1. Support Funding For Local Government Aid"
and "F2. Modify Obsolete Fiscal Disparities Formula To Assist Local Units Of Government
With Basic Needs".
• Add Conversion Therapy Ban to Legislative Priorities
• Include City support for changes in the MN statute that governs the arbitration process.
Staff will work on the suggested revisions and bring back the item for consideration to the
December 15, 2020 or January 5, 2021 City Council meeting for consideration.
6. Council Review of Future Draft Agendas
12-15-20: City Council Meeting
01-05-21: City Council Meeting
01-12-21: Council Manager Meeting
01-19-21: City Council Meeting
01-26-21: Annual Council Planning Session
3
City of Golden Valley City Council/Manager Regular Meeting Minutes
December 8, 2020—6:30 pm
No changes were submitted for future draft agendas.
The meeting adjourned at 8:50pm
Shepard M. Harris, Mayor
ATTEST:
Tomas Romano, Assistant to the City Manager's Office
This document is available in alternate formats upon a 72-hour request. Please call
763-593-8006 (TTy: 763-593-3968) to make a request Examples of alternate formats
may include large print, electronic, Braille, audiocassette, etc.
city EXECUTIVE SUMMARY
.golden Administrative Services
763-593-8013 / 763-593-3969 (fax)
Golden Valley City Council Meeting
January 5, 2021
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=832914&dbid=0&repo=GoldenValley
The check registers for approval:
• 12-11-20 Check Register
• 12-31-20 Check Register
7800 Golden Valley Road I Golden Valley,MN 55427 city Of
763-593-8030 1 TTY 763-593-3968 1 763-593-8109(fax)I www.goldenvalleymn.gov golden
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Facilities Study Task Force
November 17, 2020
3:30—5:30 pm
REGULAR MEETING MINUTES Virtual WebEx Meeting
Call to Order
The meeting was called to order at 3:40 pm by Chair Gillian Rosenquist.
Roll Call
Task Force Members Present (indicated by asterisk):
Name: Company: Name: Company:
Gillian Rosenquist* (GR) Task Force Chair Karen Boehne* (KB) Task Force
City Council Member Resident
* Task Force * Task Force
Andy Johnson (AJ) Kathryn Simpson (KS)
Planning Commissioner Resident
Becky Sanders* (BSa) Task Force Lucy Smith-Williams* Task Force
Resident (LS W) Business
Brian Smith* (BSm) Task Force Marc Meirovitz* (MM) Task Force
Resident Business
Cameron Selmer* (CS) Task Force Sara Barrow* (SB) Task Force
Resident Resident
Gary Cohen* (GC) Task Force Tierre Webster* (TW) Task Force
Resident Business
Additional Attendees (Steering Committee and Project Team)
Name: Company: Name: Company:
MarcNevinski* Physical Development Director Bruce Partner in Charge
City of Golden Valley BKV Group
Schwartzman*
Cheryl Weiler* Communications Director, Susan Morgan* Project Manager
City of Golden Valley BKV Group
Jason Sturgis* Police Chief Ben Janes* Designer
City of Golden Valley BKV Group
John Crelly* Fire Chief Bryan Harjes* Engagement Lead
City of Golden Valley HKGi
Sue Virnig* Finance Director Jeff Miller* Urban Planner
City of Golden Valley HKGi
Ted Massicotte* Assistant Fire Chief Andrew Cooper* Public Works Architect
City of Golden Valley Oertel Architects
Tim Kieffer* Public Works Director Dustin Phillips* Pre-Con&Estimation
City of Golden Valley Kraus/Anderson
Modified Public Meeting Protocols Followed
Throughout the minutes, Task Force members will be referred to by their initials as listed
above.
Action items referenced within discussion notes are indicated in bold.
This document is available in alternate formats upon a 72-hour request. Please call
763-593-8006 (TTy: 763-593-3968}to make a request. Examples of alternate formats
may include large print, electronic, Braille, audiocassette, etc.
City of Golden Valley Facilities Study Task Force Meeting Minutes 2
November 17, 2020
Discussion:
1. Introductions
a. Task Force members introduced themselves, shared the length of their residency
in Golden Valley and/or working history in the city, previous and current
experiences serving on city boards, commissions, and panels, and shared
thoughts on why they were interested in participating in this task force.
i. The group includes a range of residencies from 7 years to 30 years.
ii. Task Force members are current and past participants in other planning
and visioning efforts, and have been impacted by previous planning and
development efforts.
iii. Areas of interest and commitment include: commitment to vital
downtown area, protecting parks and open spaces, ensuring
representation of all (geographic) parts of Golden Valley in this process,
ensuring great public places to live, long-term commitments to Golden
Valley community, giving back, contributing to this important area of
growth, aligning this work with other investment and community
commitments by local businesses, representing diverse interests and
minority contributions, and considering how these plans can positively
impact encouraging people to become residents.
b. Overview of Design Team and Steering Committee.
c. Review of Task Force Bylaws.
2. Summary of Initial Understanding
a. Review of project deliverables and sequence.
b. Review of city facilities included in this study.
c. Review of general notes and aerial map of existing city campus (NE quadrant of
site included in Downtown Study Phases I, II, and III) at the corner of Winnetka
Ave N and Golden Valley Road.
d. Review of applicable previous studies/reports:
i. September 2016 Fire Rescue Report by Five Bugles.
a. Current 3-station paid-on-call service structure does not allow the
department to meet NFPA (National Fire Protection Association)
recommendations for response team size and times.
b. Identified critical issues within existing fire department facilities:
at over 35 years of age these facilities do not meet a range of
contemporary safety and operational needs.
c. Facilities lack sleeping quarters and other accommodations for
24/7 staffing.
City of Golden Valley Facilities Study Task Force Meeting Minutes
November 17, 2020
d. Recommendation: transition to 2-station duty crew model for
24/7 service.
ii. January 2020 Golden Valley Comprehensive Plan
a. Review of vision and redevelopment goals for the city as a whole
and for this specific Downtown West development area.
iii. January 2020 Downtown Study Phase II by HKGi
a. Review of overall recommendations for downtown and specific
recommendations for the NE quadrant (current site of City Hall,
Public Safety, (2) Public Works structures, the Library, water
tower, and McDonald's.
b. Recommendations: consolidate and relocate public works offsite;
keep city hall downtown; explore co-location for efficiency and
value re: City Hall, Library, Police, Fire; create a dedicated public
plaza; create pedestrian and bicycle pathways; open a portion of
the site to mixed use development with open and structure
parking, to be shared with municipal facilities.
e. Review of Golden Valley Infrastructure Forecast and Debt Analysis by Marc
Nevinski, Physical Development Director.
i. Introduction re: infrastructure as one of the core and basic functions
provided by cities.
ii. Overview of Golden Valley's plan to identify and prioritize infrastructure
projects, determine financing solutions, all with the goal of keeping the
community viable for the long term.
iii. Summary review of the City's infrastructure: civil infrastructure,
buildings, and parks.
iv. Review of current debt service payments, and relationship of current
debt and future infrastructure renewal (including that which will be
implemented following the recommendations of this project).
f. Overview of existing facilities and critical issues including: City Hall, Public Works,
Public Safety, Fire Department, and Police Department.
i. Referenced photos and issues identified during the project team's site
walkthroughs with department leads 11/5 and 11/6.
3. Goals & Objectives
a. Reviewed draft goals and objectives:
i. Develop a Long-Term Plan for Developing New Facilities, Relocating
Public Works, and to Open a Portion of the Current Site to Private
Investment
City of Golden Valley Facilities Study Task Force Meeting Minutes
November 17, 2020
ii. Establish Recommendations that Guide Phased Implementation and
Manage Debt
iii. Build on the Guidance of the Downtown Study Phase II for
Development of the NE Quadrant
iv. Keep City Hall Downtown to Support Civic, Social and Business
Activity
v. Address Critical Space Deficiencies, Accommodate Projected
Evolutions in Operations and Service Delivery
vi. Explore Co-Locations for Efficiency, Value, and Impact
vii. Facilitate Fire Department transition from 3-Station Paid-on-Call to
2-Station Duty Crew for 24/7 Service, to Address Facility,
Operational, and Safety Deficiencies
viii. Provide Support and Training Spaces to Enhance Police Department
Processing, Operations, Preparedness, and Community Outreach
ix. Consolidate Public Works into a Single Location Offsite from Civic
Campus to Improve Efficiency, Accommodate Contemporary
Vehicles and Equipment, and Facilitate Service Efficiency
x. Establish Clear Thresholds for Phased Investment and
Implementation, Prioritized for Near-Term Critical Issues and Aligned
with Long-Term Vision
A. Integrate Community and Stakeholder Outreach to Inform Project
Goals and Priorities
b. Discussion on goals and objectives:
i. AJ: Project should reference the tax-base-sharing Fiscal Disparities
program, Golden Valley's participation, and how this participation
will impact or limit project opportunities.
ii. GC: Draft goals address the key points; we can refine throughout
the process.
iii. SB: Re: equity: need to also include and address issues of access,
and to explore unmet service needs.
iv. Marc N's prompt re: any goals or objectives relating to physical
space or aesthetics:
a. BSa: Reminder that the Downtown Phase II Study establishes
goals for "unified civic identity." Helping to define that should
be a part of this project.
b. GR: What does it mean to a resident to have an identifiable
civic destination downtown?
a. City Hall should be representative of government re:
embodying and reflecting values in space planning,
access, visibility.
City of Golden Valley Facilities Study Task Force Meeting Minutes 5
November 17, 2020
v. KS: What was valuable during the Brookview process was knowing
the age of the buildings. This may help the public better understand
why spending money on these facilities is necessary.
4. Guiding Principles
a. Reviewed draft guiding principles:
i. Establish a framework for long-term development with defined
thresholds for periodic investment
ii. Demonstrate to the public the value of each of the key city services
iii. Integrate Golden Valley vision, values, and mission into project planning
principles
iv. Increase equity in service delivery and in Golden Valley civic workplaces
v. Utilize a transparent, well-documented process with open
communication, community and stakeholder dialogue
vi. Demonstrate planning that fulfills city goals for sustainability, resilience,
water and energy efficiency
b. Discussion on guiding principles:
i. No specific points. Task Force to review and consider and share any
additional thoughts through Marc Nevinski.
5. Stakeholder and Community Engagement
a. Summary overview of engagement goals and objectives, and next steps:
i. Goals include establishing project transparency, sharing project progress,
and ensuring key stakeholders and the broader Golden Valley community
to inform development of project recommendations.
ii. Project has a Communications and Engagement subgroup that will be
managing and coordinating engagement, including project webpage for
regular progress, and implementation of broader community
engagement events.
6. Schedule
a. Overview of project schedule, including project phases, key milestones, and key
events through the end of the year
Q&A:
a. KS: Will the project include a gun range for the Police Department?
a. Chief Sturgis replied that the existing Public Safety includes an indoor, 2-
lane gun range. Goal would be to increase the width and length of the
lanes (to accommodate expanded training opportunities).
City of Golden Valley Facilities Study Task Force Meeting Minutes
November 17, 2020
b. BSa: Will this project be engaging in a dialogue with key community partners and
stakeholders, for example, the Hennepin County Library?
a. Marc N response: Yes; following up on engaging the Library in the
Downtown Phase Study II, in building on the long-term relationship, and
in engaging now re: potential value to both parties for co-location of the
library and a municipal facility.
C. KB: Relative to the Downtown Study Phase II diagrams for the NE quadrant, shared
at the beginning of the presentation: these did not appear to indicate McDonald's
staying onsite. What is the City's commitment to this business, and if it is not
feasible or likely that they will move, should planning be more clear about planning
around them?
a. Marc N response:
i. Downtown Study is heading into Phase III, and no specific
locations for any one business are indicated.
ii. The Downtown Study was actually triggered by comments from
the Urban Land Institute (ULI), which questioned the location of
McDonald's in a prominent, central downtown location.
iii. Golden Valley does not have any plans to acquire that property,
and has no intent to force people out.
iv. Purpose of Downtown Study and this Municipal Space Needs
Assessment are to show "what-if" scenarios, to show what might
be possible with different configurations and uses.
b. Susan M response:
i. During facility review with city department heads, the design
team learned:
a. McDonald's is a key social site for residents re: place for
daily gathering
b. Foot traffic between the restaurant and the Calvary
Crossing condominiums on the east side across Rhode
Island Drive can be an issue as people are walking through
parking lots and vehicle drives associated with Public
Works.
ii. For all redevelopment recommendations, this project will identify
any assumptions or qualifications about planning decisions
depicted.
a. For example, with McDonald's this might include identifying
the necessary negotiations and purchasing that would be
required to utilize that land, acknowledging the civic
gathering value, and suggesting relocation strategies that
would balance the business' interests, the public value, and
City of Golden Valley Facilities Study Task Force Meeting Minutes 7
November 17, 2020
overall planning outcomes that improve safety, public
circulation, etc.
Next Meeting:
1. Task Force: Tuesday, December 15t" 3:30—5:30pm.
ATTEST:
Marc Nevinski, Staff Liaison
Respectfully submitted,
Marc Nevinski, Physical Development Director
EXECUTIVE SUMMARY
Physical Development
763-593-8030 / 763-593-8109 (fax)
Golden Valley City Council Meeting
January 5, 2021
Agenda Item
3. D. 1. Authorize Professional Services Agreement to Update the City's 5-Year MS4 Storm Permit with
WSB and Associates
Prepared By
Eric Eckman, Environmental Resources Supervisor
Summary
As authorized by the Clean Water Act of 1972 and its amendments, the U.S. Environmental Protection
Agency (EPA) oversees the National Pollutant Discharge Elimination System permit program which
regulates point and non-point sources of pollution into our nation's waterways. Point sources include
pipes and ditches, and non-point sources include precipitation runoff from public and private
properties. The Minnesota Pollution Control Agency (MPCA) manages the permit program for the EPA
in Minnesota.
Cities like Golden Valley, which operate their own storm sewer systems, are required to obtain a
Municipal Separate Storm Sewer System (MS4) General Permit from the MPCA. This permit allows
Golden Valley to discharge stormwater into public receiving waters like lakes, wetlands, and streams. It
also requires that the City develop and implement a comprehensive Storm Water Pollution Prevention
Program (SWPPP) that includes best management practices to reduce the contamination of
stormwater runoff and prohibit illegal connections and illicit discharges.
Golden Valley's SWPPP addresses six minimum control measures as required in the MS4 permit:
1. Public Education and Outreach
2. Public Involvement and Participation
3. Illicit Discharge Detection and Elimination
4. Construction Site Runoff Control
5. Post Construction Runoff Control
6. Pollution Prevention and Good Housekeeping
Based on federal regulation and guidance, the MPCA revises and reissues the MS4 Permit
approximately every five (5) years. The MPCA released the 2020 MS4 General Permit in November
2020. Cities have about eighteen (18) months to evaluate and update their ordinances, plans, policies,
and procedures to maintain compliance with state permit requirements. This process begins in early
2021 with assessment of the City's current SWPPP and application to MPCA to extend permit coverage,
and continues into 2022 with development and implementation of an updated stormwater program.
City Council Regular Meeting Executive Summary 2
City of Golden Valley
January 5, 2021
Evaluating and updating a comprehensive stormwater program takes considerable time, effort, and
expertise within a compressed timeframe. In order to complete the required tasks on time, the City
obtained a proposal from WSB & Associates, Inc. (WSB). WSB has the experience and expertise to
provide the professional and technical assistance required by the City to meet the permit requirements
and timelines. WSB completed the City's 2013 MS4 Permit update and continues to provide ongoing
support services to the City on an annual basis.
The attached agreement will cover two phases of work over two budget years to update the City's
stormwater program and permit with MPCA at a cost not-to-exceed $28,458.
Phase I includes program assessment, preparation and submittal of the City's MS4 Part II Application
for Reauthorization. The MPCA's 2020 MS4 Permit became effective November 16, 2020, and the City
will need to complete and submit its Part II Application for Reauthorization by April 15, 2021. (The Part
I Application was submitted to the MPCA prior to expiration of the 2013 MS4 Permit on July 31, 2018.)
Phase II includes program development and implementation of the City's 2020 MS4 General Permit.
WSB will work with City staff to develop a revised SWPPP that meets the permit requirements defined
in the City's Part II Application for Reauthorization and assist staff with the initial implementation of
the updated MS4 Program.
Phase I
1. MS4 Program Assessment & Part II Application for Reauthorization
2. Total Maximum Daily Loads (TMDL) Assessment and Application (Review and documentation of
best management practices to address EPA-approved TMDL waste load allocations, for water
bodies like Sweeney Lake and Medicine Lake)
Phase II
1. SWPPP Administrative Activities
1.1. MS4 Program Management
1.2. Recordkeeping &Tracking
1.3. MS4 Organizational Chart/Responsible Staff
2. Regulatory Mechanisms & Written Procedures
2.1. Regulatory Mechanisms
2.2. Standard Operating Procedures
2.3. Enforcement Response Procedures
2.4. Engineering Standards for Stormwater Plans
3. MS4 Mapping & Inventory
3.1. MS4 Mapping
3.2. Structural Stormwater BMP Inventory
4. Public Education & Participation Program
4.1. Education & Outreach Implementation Plan
4.2. Educational Materials
5. Staff Training
6. MS4 Inspections
City Council Regular Meeting Executive Summary 3
City of Golden Valley
January 5, 2021
5.1. Quarterly Facility Inspections
Schedule
The project milestone schedule is as follows:
January 2021— Begin work on Phase I
Before April 15, 2021—Submit Part 11 Application for Reauthorization to the MPCA
Spring through Fall 2021 - MPCA determination of application completeness; MPCA 30-day
public notice and comment period; MPCA final determination and extension of permit coverage
under new permit
Fall 2021— Begin work on Phase 11 (City has 12 months from date of permit coverage to develop
program and meet new permit requirements)
Fall 2022 —Complete project and continue implementing updated stormwater program
To support the MPCA's public notice and comment period mentioned above, the City will post and
publish the notice using a variety of media, and staff will provide updates and receive input from the
City's Environmental Commission during the project.
Financial or Budget Considerations
The City's Storm Utility budget (7300) includes adequate funding for this project in 2021 and 2022.
Recommended Action
Motion to authorize the Mayor and City Manager to execute an agreement to Update the City's MS4
General Permit with WSB &Associates, Inc. in the form approved by the City Attorney in the amount of
$28,458.
Supporting Documents
• Agreement with WSB &Associates, Inc (16 pages)
PROFESSIONAL SERVICES AGREEMENT
FOR STORMWATER POLLUTION PREVENTION PROGRAM (SWPPP) DEVELOPMENT
AND IMPLEMENTATION OF THE
2020 MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) GENERAL PERMIT
THIS AGREEMENT is made this January 5, 2021 ("Effective Date") by and between WSB&Associates, Incorporated
a Minnesota corporation with its principal office at 701 Xenia Avenue South, Suite#300, Minneapolis, MN 55416
("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 Services for program development and implementation for
the Stormwater Pollution Prevention Program (SWPPP) in compliance with the 2020 MS4 General Permit.
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"). Exhibits A and B 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. Consultant may reasonably rely on information and documents
provided by or through the City.
2. Time for Completion. The Services shall be completed on or before December 31, 2022, 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 and for necessary out-of-
pocket expenses at the rates set forth in Consultant's fee schedule, attached hereto as Exhibit B. Consultant's
total compensation for the Services, including hourly fees and expenses, shall not exceed $28,458. The
consideration shall be for both the Services performed by Consultant and any and all 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. 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.
5. 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
reasonable attorneys'fees, professional services,and other technical,administrative or professional assistance to the
extent resulting from 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.
11. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement.
Contractor agrees that before any work related to the approved project can be performed, Contractor shall
maintain at a minimum:
A. 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
B. Commercial General Liability
1. $200,000,000 General Aggregate
2. $2,000,000 Products—Completed Operations Aggregate
3. $1,000,000 Each Occurrence
4. $1,000,000 Personal Injury
C. 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:
i. All owned automobiles
ii. All non-owned automobiles
iii. All hired automobiles
D. Umbrella Liability
1. $10,000,000 Each claim
2. $10,000,000 Annual aggregate
The umbrella liability shall provide excess limits for the commercial general liability policies.
E. Professional and Pollution Incident Liability
Professional liability insurance including pollution incident liability coverage with limits of not less
than:
1. $5,000,000 per claim
2. $5,000,000 annual aggregate
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.
12. Assignment. 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 prior written consent of the other except to the extent that the effect of this limitation may be
restricted by law. Any assignment in violation of this provision is null and void. 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. 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.
14. 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.
15. 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.
16. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement
on any third party.
17. 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
mediated with a mutually acceptable third-party neutral within 90 days of either party giving notice to the other
of a dispute, controversy or claim. If such mediation is unsuccessful, the dispute, controversy, or claim 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.
18. 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.
19. 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. Any reuse of the
records, information, materials, or work product without written verification or adaptation by Consultant will be
at the City's sole risk and without liability or legal exposure to Consultant.
20. 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.
21. 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.
22. 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,
reasonable 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.
23. Authorized Agents. The City's authorized agent for purposes of administration of this contract is Eric
Eckman, Environmental Resources Supervisor, or designee. Consultant's authorized agent for purposes of
administration of this contract is Meghan Litsey, or designee who shall perform or supervise the performance of
all Services.
24. 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
WSB &Associates, Inc. City of Golden Valley
Meghan Litsey Eric Eckman
701 Xenia Avenue South, Suite#300 7800 Golden Valley Road
Minneapolis, MN 55416 Golden Valley, MN 55437
mlitsey@wsbeng.com eeckman@goldenvalleymn.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 City 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 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.
WSB AND ASSOCIATES, INC: CITY OF GOLDEN VALLEY:
By: By:
Name: Meehan Litsey Shepard M. Harris, Mayor
Title: Director of Environmental Compliance
By:
Timothy J. Cruikshank, City Manager
EXHIBIT A
SCOPE OF SERVICES
wsb
December 17, 2020
Mr. Eric Eckman
Environmental Resources Supervisor
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Re: Request for Authorization to Provide Support Services for Completion of the MS4 Part II
Application for Reauthorization and Professional Services for Program Development
and Implementation of the 2020 MS4 General Permit
Dear Mr. Eckman:
o This letter is a scope of services for two phases of work to update the City of Golden Valley's
Municipal Separate Storm Sewer System (MS4) General Permit with the Minnesota Pollution
w Control Agency (MPCA).
m
Phase I is for meetings, preparation, and submittal of the City's MS4 Part II Application for
Reauthorization. The MPCA's updated Permit became effective November 16, 2020, and the City
0 will need to complete and submit their Part II Application for Reauthorization by April 15, 2021. As
co
you may recall the Part I Application was submitted by the City to the MPCA prior to the 2013
MS4 Permit expiration of July 31, 2018.
M
Phase 11 is for program development and implementation of the City's 2020 MS4 General Permit.
WSB will work with City staff to develop a revised Stormwater Pollution Prevention Program
(SWPPP) that meets the permit requirements defined in the City's Part 11 Application for
Reauthorization and assist staff with the initial twelve-month implementation of the updated MS4
Program.
z
SCOPE OF SERVICES
J
° Phase
a
w
z Provided below is a breakdown of the tasks to complete the Part 11 Application for Reauthorization
and how they will be accomplished on time and within budget.
0 1. MS4 Program Assessment & Part II Application for Reauthorization
W (Estimated Fee $4,728)
As part of this task, WSB will schedule two meetings with City staff to gather all
necessary information about the existing MS4 program, and to identify any differences
that exist between the expired 2013 MS4 Permit and the new 2020 MS4 Permit. This
Z) assessment will include previously collected information and any new information
W pertaining to:
a
a Interviews with City staff to review MS4 responsibilities.
z
X Past MS4 records, such as annual reports, MPCA audits and correspondence,
0
inspection reports, storm sewer system mapping, etc.
• Reviews of existing written procedures, ordinances, Best Management Practices
(BMPs), Comprehensive Water Resource Management Plans (CWRMP),
Mr. Eric Eckman
December 17, 2020
Page 2
Wellhead Protection Plans (WHPP), TMDLs, and Watershed Requirements (if
any).
At the conclusion of the assessment, WSB will provide a written summary of the City's
program strengths and recommendations to reinforce program outcomes and
deliverables. The information gathered during the program assessment will be used to
complete the application for reauthorization (SWPPP Document)to receive permit
coverage. WSB will prepare a draft of the Application for Reauthorization which can be
submitted to the MPCA prior to the April 15, 2021 deadline.
2. TMDL Assessment
(Estimated Fee $3,000)
The MS4 Permit requires that MS4's with approved Total Maximum Daily Loads (TMDLs)
identify all Waste Load Allocations (WLAs) associated with each approved TMDL and a
compliance schedule for meeting the WLAs. The City of Golden Valley has an applicable
WLA for the following TMDLs: Medicine Lake Nutrients TMDL and Sweeney Lake TMDL.
As part of this task we will identify all activities that will be completed to achieve
compliance with the TMDL Waste Load Allocation (WLA) reduction requirements. This
will include identifying progress towards meeting the TMDL goals, BMPs either
implemented or planned to be implemented, and a narrative describing what strategies
will be taken if the WLA is not being achieved by the desired date.
This scope assumes the City of Golden Valley will assist with gathering any necessary
information regarding BMPs completed to date related to the applicable TMDLs.
Phase II
The following tasks are designed to ensure that the City achieves the program update
requirements by the end of the allotted twelve-month timeframe. Each task includes subtasks to
define program management, development and implementation.
1. SWPPP Administrative Activities
(Estimated Fee $3,220)
1.1.MS4 Program Management
The WSB project manager will meet quarterly with City staff in 2021-2022 and
help support staff with the implementation of the approved Part II Reauthorization
Application. Further, the WSB project manager will routinely check-in with the
City's MS4 Coordinator and address the following items:
• Tasks for staff members to complete as part of the program
implementation.
• Documentation requirements needed quarterly to ensure ongoing permit
compliance and aide annual reporting to the Minnesota Pollution Control
Agency(MPCA).
• Any updates from the MPCA that may offer benefits or impacts to the
City's MS4 Permit activities.
1.2.Recordkeeping & Tracking
WSB will work with the City to identify mechanisms to successfully track and
report MS4-related activities that are occurring in the City. To aid recordkeeping
Mr. Eric Eckman
December 17, 2020
Page 3
and tracking, WSB will work with the City's existing process including its
Cartegraph operations management system software.
1.3.MS4 Organizational Chart
WSB will assist the City in developing an organizational chart to help define the
responsibilities of each department. This will help document how the City will be
able to successfully implement each component of the MS4 program. This
includes everything from education, illicit discharge detection and enforcement,
plan reviews, and good housekeeping practices for municipal operations. This
organizational chart will also identify partner agencies that may help the City in
meeting its MS4 goals.
2. Regulatory Mechanisms &Written Procedures
(Estimated Fee $9,764)
2.1. Regulatory Mechanisms
The City's regulatory mechanisms for illicit discharges, construction stormwater
management, and post-construction stormwater management was assessed
during the 2018 reauthorization application process and the assessment
revealed that ordinance revisions will be necessary to maintain compliance with
the MS4 Permit. This scope includes providing revised ordinance language to be
reviewed by City Staff, the City Attorney, and approved by City Council.
2.2.Standard Operating Procedures
These procedures will give City staff consistent steps to carry out an operation or
deal with a situation. WSB will help City staff develop these procedures to make
certain that Public Works and other departments within the City are completing
tasks as outlined. Standard Operating Procedures (SOP's)will be created for
each minimum control measure in the MS4 Permit to ensure plan reviews,
inspections, and other documentation requirements are consistent across
departments within the City, and in compliance with regulatory mechanisms and
the MS4 Permit. This will include updating and reviewing chloride practices and
policies.
2.3.Enforcement Response Procedures
WSB will work with City staff to develop Enforcement Response Procedures
(ERPs)that will describe internal staff procedures for resolving non-compliance
issues generated as a result of a complaint or site inspection. The ERPs will
include procedures for resolving non-compliance issues specific to City
ordinances, standards, administrative citations, and policies related to illicit
discharge detection and elimination, construction site erosion and sediment
control, and post-construction stormwater management.
2.4.Engineering Standards for Stormwater Plans
WSB will work with City staff to update the City's Engineering Standards for
Stormwater Plans to incorporate recent MPCA and watershed requirement
changes.
3. MS4 Mapping & Inventory
(Estimated Fee $1,218)
3.1. MS4 Mapping
Mr. Eric Eckman
December 17, 2020
Page 4
This will include evaluating existing MS4 program maps and providing
recommendations for areas that need to be updated as follows:
• Priority watersheds for increased education initiatives (e.g., impaired
waters or TMDLs)
• Storm Sewer System Map
• Facility Inventory Map
• High Priority Illicit Detection & Elimination Map
• Priority areas for erosion and sediment inspections (e.g., development in
areas with sensitive receiving waters and highly erodible soils)
• Identifying pollutant loading areas contributing bacteria and chlorides
The majority of these maps already exist. WSB proposes to work with City staff
to develop criteria and methods for updating maps. This scope assumes that the
mapping will be updated by City Staff.
3.2.Structural Stormwater BMP Inventory
The MS4 Permit requires permittees to develop an inventory of structural
stormwater BMPs that are not owned or operated by the permittee. This task will
include a review of privately owned and operated structural stormwater BMPs
and a written or mapped inventory will be developed to track existing and
proposed BMPs.
4. Public Education & Participation Program
(Estimated Fee $1,288)
4.1.Education &Outreach Implementation Plan
The MS4 Permit requires permittees to develop an implementation plan for their
MS4 education program to reach specific target audiences. This task will include
reviewing the current education program and providing recommendations, such
as focusing on high priority stormwater related issues to be emphasized for
education and outreach during the permit term (e.g. specific TMDL reduction
targets & BMP activities, promoting adoption of the residential BMPs, City
webpage updates, public participation events, etc.). Further, this task includes:
• Identifying target audiences;
• Development of an education implementation plan with specific activities
and schedules to reach each target audience
• Identifying method(s)to evaluate the effectiveness of the education
program and messages that are developed.
4.2.Educational Materials
WSB will assist in developing selected educational materials on the following
topics to meet the minimum education and outreach requirements of the MS4
Permit:
• Two (2) high priority stormwater-related issues to be emphasized for
education and outreach during the permit term
• One (1) illicit discharge message
• One (1) message focused on reduction of deicing salt use
• One (1) educational material that addresses pet waste management
The format of the educational materials can be determined by the City, and may
include brochures, factsheets, posts for the City's social media, articles for the
newsletter, etc.
Mr. Eric Eckman
December 17, 2020
Page 5
Consideration and focus will be given to low income, Black Indigenous and
People of Color, and non-English speaking residents.
5. Staff Training
(Estimated Fee $1,240)
Development of a comprehensive training program is critical to the foundation of any
MS4 program. It is important to communicate to all City staff how their role impacts
stormwater pollution. This task will include a draft of a staff training program that will
identify training opportunities, annual schedules, and recordkeeping.
WSB will work with City staff, including Communications staff, to develop a general
informational training session as well as smaller, topic specific trainings to focus on
groups with differing responsibilities. Topics may include information on illicit discharge
detection and elimination, construction site best management practices, and good
housekeeping practices, including winter maintenance activities. Use of interactive video
and other methods will be explored.
WSB will help administer the training sessions in 2021 and 2022 as part of this proposal.
6. MS4 Inspections
(Estimated Fee $4,000)
6.1.Quarterly Facility Inspections
WSB will perform quarterly facility inspections in 2021 and 2022 for the facilities
that were identified as "high priority" in the City's facility inventory. Inspections will
be documented in accordance with the written procedures for minimum control
measure 6 in the MS4 Permit.
SCHEDULE
The proposed scope of services can be initiated as soon as direction is provided by the City to
begin the work. WSB will work with City staff to ensure the Part II Application for Reauthorization
is submitted to the MPCA prior to April 15, 2021. Our skilled staff and their expertise will also
assist in the required program development and implementation as needed the following 12
months.
PROPOSEDFEE
The proposed fee to provide MS4 support services for Phase I tasks 1-2 and Phase II tasks 1-6 is
$28,458. Support services for the MS4 Application for Reauthorization, program development,
and implementation will be billed hourly according to the current rate schedule.
This letter represents our entire understanding of the project scope. If the City of Golden Valley is
in agreement, the necessary contract documents can be provided and signed. WSB will start
work upon receipt of a signed contract.
We appreciate the opportunity to share this proposal with you and look forward to working with
the City of Golden Valley to efficiently manage the reauthorization process for the 2020 MS4
Permit. Should you have any questions about this proposal, please contact me at 612.499.8395
or tengstrom@wsbeng.com.
Mr. Eric Eckman
December 17, 2020
Page 6
Sincerely,
WSB
Taylor Engstrom Megh Litsey, CPESC
Environmental Compliance Specialist Director of Environmental Compliance
EXHIBIT B
2021 RATE SCHEDULE
wsb
Billing Rate/Hour
PRINCIPAL I ASSOCIATE $154-$197
SR. PROJECT MANAGER I SR. PROJECT ENGINEER $154-$197
PROJECT MANAGER $137-$152
PROJECT ENGINEER I GRADUATE ENGINEER $92-$150
ENGINEERING TECHNICIAN I ENGINEERING SPECIALIST $59-$148
LANDSCAPE ARCHITECT I SR. LANDSCAPE ARCHITECT $71 -$152
ENVIRONMENTAL SCIENTIST I SR. ENVIRONMENTAL SCIENTIST $59-$147
PLANNER I SR. PLANNER $71 -$152
GIS SPECIALIST I SR. GIS SPECIALIST $71 -$152
CONSTRUCTION OBSERVER $95-$121
SURVEY
One-Person Crew $152
Two-Person Crew $199
Three-Person Crew $214
OFFICE TECHNICIAN $54-$95
Costs associated with word processing, cell phones, reproduction of common correspondence, and mailing are
included in the above billing rates.Vehicle mileage is included in the above billing rates. I Multiple rates illustrate the
varying levels of experience within each category. I Rate Schedule is adjusted annually.
EXECUTIVE SUMMARY
Physical Development
763-593-8030 / 763-593-8109 (fax)
Golden Valley City Council Meeting
January 5, 2021
Agenda Item
3. D. 2. Authorize Agreement for the 1-394 Inflow & Infiltration Phase 3 Design and Construction
Professional Services with SEH, Inc.
Prepared By
Jeff Oliver, City Engineer
R.J. Kakach, Assistant City Engineer
Summary
In August of 2015, the City entered an agreement with Short Elliott Hendrickson, Inc. (SEH) to perform
an Inflow and Infiltration (I&I) reduction study for the sanitary sewer system along the 1-394 corridor.
The report evaluated manholes and various pipes to determine areas of high I&I and the most cost-
effective mitigation solutions.
The findings of the I&I reduction study recommended splitting the project area into multiple phases on
a priority basis.
Phase 1, which took place in 2017, included lining smaller diameter pipe in the upstream area of the
sewer shed as well as some larger 21-inch diameter pipe along Laurel Avenue. The pipes lined were
identified as the source of significant I&I. The report also identified 19 manholes that were in need of
immediate repair to reduce I&I. The Phase 1 construction project included rehabilitation of 19
manholes, approximately 5,600 LF of pipe to be lined, and installation of 69 wye liners.
Phase 2, which took place in 2019, also included lining smaller diameter pipe in the upstream area of
the sewer shed based on I&I issues in those pipes. The Phase 2 construction project included lining of
approximately 4,300 LF of pipe.
Phase 3 of the project will utilize a similar approach as Phases 1 and 2, taking the findings from the
2015 study and applying them primarily to the neighborhoods on the south and west end of the sewer
shed. The Phase 3 project will focus on the lining of small diameter mains and sealing/replacing
manholes that contribute large volumes of I&I.
Financial Or Budget Considerations
The total cost for SEH to provide design and construction services for the 1-394 1&1 Phase 3 project is
$40,600. Anticipated funding for these services is included in the Water and Sewer 2021 CIP Program
(W&SS-074) in the amount of$250,000.
City Council Regular Meeting Executive Summary 2
City of Golden Valley
January 5, 2021
Recommended Action
• Motion to authorize the Mayor and City Manager to execute a professional services agreement
with SEH, incorporated in the form approved by the City Attorney for the 1-394 1&1 Phase 3
Design and Construction in the amount of $40,600.
Supporting Documents
• Professional Services Agreement with SEH Incorporated (17 pages)
PROFESSIONAL SERVICES AGREEMENT
1-394 1&1 Rehabilitation Project Phase 3
Design and Construction Administration
THIS AGREEMENT is made this January 5, 2021 ("Effective Date") by and between Short Elliott
Hendrickson, Inc. a Minnesota corporation with its principal office at 10901 Red Circle Drive, Suite 300,
Minnetonka, Minnesota 55343-9302 ("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 Design and Construction Administration for the I-
394 1&1 Rehabilitation Project Phase 3 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. Consultant may reasonably rely on
information and documents provided by or through the City.
2. Time for Completion. The Services shall be completed on or before May 31, 2021, 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 and for necessary
out-of-pocket expenses at the rates set forth in Consultant's fee schedule, attached hereto as Exhibit B.
Consultant's total compensation for the Services, including hourly fees and expenses, shall not exceed
$ . The consideration shall be for both the Services performed by Consultant and any and all
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
1
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. 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.
5. 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 reasonable attorneys' fees, professional services, and other technical, administrative or
professional assistance to the extent resulting from 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
2
of liability to which the City is entitled. The parties agree that these indemnification obligations shall survive
the completion or termination of this Agreement.
11. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement.
Contractor agrees that before any work related to the approved project can be performed, Contractor
shall maintain at a minimum:
A. 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
B. Commercial General Liability
1. $200,000,000 General Aggregate
2. $2,000,000 Products—Completed Operations Aggregate
3. $1,000,000 Each Occurrence
4. $1,000,000 Personal Injury
C. 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:
i. All owned automobiles
ii. All non-owned automobiles
iii. All hired automobiles
D. Umbrella Liability
1. $10,000,000 Each claim
2. $10,000,000 Annual aggregate
The umbrella liability shall provide excess limits for the commercial general liability policies.
E. Professional and Pollution Incident Liability
Professional liability insurance including pollution incident liability coverage with limits of
not less than:
1. $5,000,000 per claim
2. $5,000,000 annual aggregate
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
3
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. Assignment. 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 prior written consent of the other except to the extent that the effect of this
limitation may be restricted by law. Any assignment in violation of this provision is null and void. 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. 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.
14. 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.
15. 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.
16. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
17. 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
4
shall be mediated with a mutually acceptable third-party neutral within 90 days of either party giving
notice to the other of a dispute, controversy or claim. If such mediation is unsuccessful, the dispute,
controversy, or claim 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.
18. 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.
19. 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. Any reuse of
the records, information, materials, or work product without written verification or adaptation by
Consultant will be at the City's sole risk and without liability or legal exposure to Consultant.
20. 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.
21. 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.
22. 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, reasonable attorneys' fees and staff time, in any action or
5
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.
23. 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 Scott Haupt, or designee who shall perform or supervise the performance of all Services.
24. 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
Short Elliott Hendrickson, Inc. City of Golden Valley
Scott Haupt, PE R.J Kakach
10901 Red Circle Drive#300 7800 Golden Valley Road
Minnetonka, MN 55343-9302 Golden Valley, MN 55437
shaupt@sehinc.com rkakach@goldenvalleymn.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 City 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.
6
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
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.
SHORT ELLIOTT HENDICKSON, INC CITY OF GOLDEN VALLEY:
By: By:
Shepard M. Harris, Mayor
Name:
Title:
By:
TimothyJ. Cruikshank, City Manager
7
EXHIBIT A
SCOPE OF SERVICES
8
J
SEH
Building a Better World
for All of Us®
December 3, 2020 RE: Golden Valley, MN
1-394 1&1 Rehabilitation Project— Phase 3
Design and Construction Administration
SEH No. GOLDV 157871 10.00
Jeff Oliver, PE
City Engineer
City of Golden Valley, MN
7800 Golden Valley Road
Golden Valley, MN 55427
Dear Jeff:
This letter and supplemental information serve as our proposal for professional engineering services to
prepare construction documents and perform construction administration for 1-394 1&1 Rehabilitation
Project- Phase 3.
BACKGROUND
Inflow and Infiltration (1/1) reduction is a priority to the City of Golden Valley. Reduction of 1/1 is required by
the MCES 1/1 Surcharge Program and is necessary to relieve capacity restrictions within the City's
wastewater conveyance system. The City has performed numerous activities associated with their 1/1
program including but not limited to, flow monitoring, private property inspection, sewer system
improvements and a sump pump drainage system in roadways for connection of sump pumps from
private property. The City is utilizing a phased approach to rehabilitate concentrated areas of sanitary
sewer pipe in the Laurel Avenue sewershed, beginning with the 1-394 1&1 Rehabilitation Project- Phase 1
in 2017. The City completed Phase 2 in 2019.
The attached Figure 1 show the sanitary sewer lines that have been rehabilitated via cured-in-place-pipe
lining during Phases 1 and 2. In 2018, SEH prioritized rehabilitation needs in the Laurel Avenue
sewershed based on the average number of defects per 1,000 feet of pipe, as documented by CCTV
footage. The results of this can be seen in Figure 2. During Phase 2, efforts were focused on
"Rehabilitation Area -1". For the third phase of this program, we recommend continuing to line sanitary
sewer located in the southwestern portion of the Laurel Avenue sewershed, focusing efforts on
"Rehabilitation Area -2." The exact segments to be included in Phase 3 will be decided during the design
phase to ensure costs stay within the City's $250,000 budget.
SCOPE OF WORK
Our scope of services has been developed to ensure timely completion of this project. The work consists
of pipe rehabilitation, using the cured-in-place pipe method.
Four tasks have been identified as follows:
1) Data Collection
2) Construction Drawings
Engineers I Architects I Planners I Scientists
Short Elliott Hendrickson,Inc.10901 Red Circle Drive,Suite 300, Minnetonka, MN 55343-9302
SEH is 100%employee-owned I sehinc.com 1 952.912.2600 1 800.734.6757 1 888.908.8166 fax
1-394 1&1 Rehabilitation Project- Phase 3 - Design and Construction Administration
December 3, 2020
Page 2
3) Specifications
4) Bidding and Construction Administration
Our scope of services and associated cost estimate is attached.
PROJECT TEAM
David Hutton will lead the SEH team. The project engineer will be Anna Breland. Anna will be responsible
for plan and specification production, as well as construction inspection.
SCHEDULE
The anticipated schedule for this project is shown below:
• January 2021 —City Council Authorization of SEH proposal; Notice to Proceed
• Mid January 2021— Preparation of Plans and Specifications
• Mid February 2021 -Advertise for Bids
• Mid March 2021 -Open Bids
• November 30, 2021 - Substantial Completion
COMPENSATION
Our estimated fee for this project is $40,600 and includes reimbursable expenses. Considering the City's
$250,000 budget for 2021, that leaves $209,400 available for associated construction costs.
We look forward to completing this project with the City. Please contact me with questions or comments
at 952.757.2329 or dhutton@sehinc.com.
Sincerely,
Short Elliott Hendrickson, Inc.
al,00-- J40a
David E. Hutton, PE (Lic. MN, ND,van) Scott Haupt, PE(Lic. MN,W)
Project Manager Client Service Manager
Enclosures
c: R.J. Kakach, City of Golden Valley
Toby Muse, SEH
x:\fj\g\goldv\157871\1-genl\10-setup-cont\03-proposal\12 3 2020 i-394 phase 3 proposal_rev.docx
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EXHIBIT B
FEE SCHEDULE
SEH HOURLY BILLABLE RATES - 2021
CLASSIFICATION - OFFICE STAFF BILLABLE RATE
Principal $170.00-$270.00
Project Manager $140.00-$240.00
Senior Project Specialist $135.00- $220.00
Project Specialist $100.00-$175.00
Senior Professional Engineer 1 $115.00-$180.00
Senior Professional Engineer 11 $140.00-$225.00
Professional Engineer $105.00-$165.00
Graduate Engineer $85.00-$135.00
Senior Architect $125.00- $210.00
Architect $110.00-$150.00
Graduate Architect $85.00-$110.00
Senior Landscape Architect $115.00-$170.00
Landscape Architect $95.00-$125.00
Graduate Landscape Architect $85.00-$100.00
Senior Scientist $130.00-$170.00
Scientist $90.00-$135.00
Graduate Scientist $80.00-$105.00
Senior Planner $130.00-$210.00
Planner $100.00-$150.00
Graduate Planner $90.00-$120.00
Senior GIS Analyst $110.00-$175.00
GIS Analyst $100.00-$120.00
Project Design Leader $120.00-$185.00
Lead Technician $105.00-$170.00
Senior Technician $90.00-$135.00
Technician $65.00-$115.00
Graphic Designer $90.00-$145.00
Administrative Professional $55.00-$130.00
BILLABLECLASSIFICATION - FIELD STAFF RATE
Professional Land Surveyor $110.00-$160.00
Lead Resident Project Representative $95.00-$155.00
Senior Project Representative $90.00-$135.00
Project Representative $75.00-$125.00
Survey Crew Chief $85.00-$135.00
Survey Instrument Operator $60.00-$95.00
(1) The actual rate charged is dependent upon the hourly rate of the employee assigned to the project.
The rates shown are subject to change.
Effective: January 1,2021
JExpires: December 31,2021
SEH SCHEDULE OF EXPENSES - 2021
Vehicle Mileage Rates
2021 IRS Rate.........................................................................................$0.56/mile
Vehicle Allowance Costs
Resident Project Representative..........................................................$16.00/day
Survey and Field Vehicle............................................. $4.50/hour+$0.56/mile
Survey Equipment
Robotic Total Station..........................................................................$30.00/hour
Global Positioning System(GPS)......................................................$30.00/hour
Computer Equipment
Computer Charges per Direct Hour of Labor.....................................$3.00/hour
Other Equipment Expenses
SEH uses many different types of equipment,such as traffic counters;flow meters;air,water,and soil sampling
kits; inspection cameras;density meters;and many others.Our equipment is frequently upgraded to utilize current
technology.You will be charged for equipment usage per your agreement with SEH.
Rates are subject to change.
IDENTIFIABLE REPRODUCTION AND REPROGRAPHIC COSTS ""Z'
M= Large
Black/White Copy"' 0.07 0.24 0.95+0.50/sq.ft.
Color Copy"' 0.46 1.02 0.95+2.55/sq.ft.
Mylar 5.00
CD Copy 3.00
Lamination 2.00 3.50 3.50/sq.ft.
Laminated Foamcore
up to 30"x42" 40.00
larger than 40"x60" 75.00
3-Ring Binder size Y 2" 3" 4"
cost 3.20 4.80 5.60 7.24
Machine Folding 0.02
Binding
wire 3.60
comb 3.20
Covers
custom 0.15
blank 0.03
Tabs(white) 0.20
Mailing/Processing UPS or USPS rates
(1) prices include operator time
(2) prices denote single-sided printing
(3) standard stock,white paper used for pricing
Prices are subject to change and may not be accompanied by immediate notification.
J
SEH
EXECUTIVE SUMMARY
Police
763-593-8079 / 763-593-8098 (fax)
Golden Valley City Council Meeting
January 5, 2021
Agenda Item
3. D. 3. Authorization to Sign Amended Hennepin County Violent Offender Task Force 2021
Co-Operative Agreement
Prepared By
Steve Johnson, Police Commander
Summary
In 2008, the Golden Valley Police Department entered into an agreement with the Hennepin County
Sheriff's Office to join the Hennepin County Violent Offender Task Force. The VOFT unit is supervised
under the direction with the Hennepin County Sheriff's Office. The VOFT unit is comprised of the
Sheriff's Department and neighboring Hennepin County Police Department personnel. This agreement
enhances the ability of the Police Department to effectively conduct investigations and enforcement
activities through a partnership with agencies with advanced intelligence-gathering resources and
experience; specifically, in regards to violent crimes. The experience of working with other
departments is an excellent training ground for our Officer assigned to the unit. This partnership gives
our police department the ability to deploy numerous Officers to help investigate any crime that we
need assistance with. This includes violent crimes, assaults, CSC, drugs and weapons case and any
other crimes that we need assistance with. This partnership has been an outstanding addition to our
police department and the community we serve.
The proposed amendment extends the term of the agreement to January 30, 2028
Financial Or Budget Considerations
Recommended Action
Motion to authorize the Mayor, City Manager, and City Attorney to sign Amendment No. 2 to
Agreement No. A141147 (14-0352) Hennepin County Violent Offender Task Force 2014 Co-Operative
Agreement.
Supporting Documents
• Amendment No. 2 to Agreement No. A141147 (14-0352) Hennepin County Violent Offender
Task Force 2014 Co-Operative Agreement (6 pages)
• Amendment No. 1 to Agreement No. A141147 (14-0352) Hennepin County Violent Offender
Task Force 2014 Co-Operative Agreement (9 pages)
City Council Regular Meeting Executive Summary 2
City of Golden Valley
January 5, 2021
• Agreement No. A141147 (14-0352) Hennepin County Violent Offender Task Force 2014 Co-
Operative Agreement (9 pages)
Contract No: A141147
Amendment: amendment#2
AMENDMENT NO. 2 TO AGREEMENT NO. A141147 (14-0352)
HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE
2014 CO-OPERATIVE AGREEMENT
This Amendment No. 2 to Agreement No. A141147 (14-0352) is between Hennepin County, on
behalf of the Hennepin County Sheriff's Office and the Hennepin County Attorney's Office, the
City of Richfield, the City of Brooklyn Center, the City of Brooklyn Park, and the City of
Golden Valley (may be referred to herein as the "parties").
The parties agree that Agreement No. A141147 (14-0352), including any prior amendments, is
amended as follows:
1. Pursuant to the provisions in Section 4.1 of the Agreement, the parties hereby agree to extend
the term of this Agreement for an additional seven year term as indicated in the following:
"4.1 The term of this Agreement shall be for fourteen years, commencing January 31,
2014 and terminating January 30, 2028, unless terminated earlier pursuant to the
provisions of this Agreement."
Except as herein amended, the terms, conditions and provisions of Agreement No. A141147 (14-
0352), including any prior amendments, shall remain in full force and effect.
(signatures continued on the following page)
Page 1 of 6
Contract No: A141147
Amendment: amendment#2
HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT
CITY OF GOLDEN VALLEY
The Golden Valley City Council duly approved this Agreement on the 5th day of January, 2021.
City of Golden Valley
By:
Shepard M. Harris, Mayor
And by:
Timothy J. Cruikshank, City Manager
Approved as to form
and legality:
Maria T. Cisneros, Golden Valley City Attorney
(signatures continued on the following page)
HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT
Page 2 of 6
Contract No: A141147
Amendment: amendment#2
CITY OF BROOKLYN PARK
The Brooklyn Park City Council duly approved this Agreement on the day of
2020.
City of Brooklyn Park
By:
Its Mayor
And by:
Its City Manager
Approved as to form
and legality:
Brooklyn Park City Attorney
(signatures continued on the following page)
Page 3 of 6
Contract No: A141147
Amendment: amendment#2
HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT
CITY OF BROOKLYN CENTER
The Brooklyn Center City Council duly approved this Agreement on the day of
2020.
City of Brooklyn Center
By:
Its Mayor
And by:
Its City Manager
Approved as to form
and legality:
Brooklyn Center City Attorney
(signatures continued on the following page)
HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT
Page 4 of 6
Contract No: A141147
Amendment: amendment#2
CITY OF RICHFIELD
The Richfield City Council duly approved this Agreement on the day of
2020.
City of Richfield
By:
Its Mayor
And by:
Its City Manager
Approved as to form
and legality:
Richfield City Attorney
(signatures continued on the following page)
HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT
Page 5 of 6
Contract No: A141147
Amendment: amendment#2
Hennepin County Board Approval
Task Force Members, having signed this Agreement, and the Hennepin County Board of
Commissioners having duly approved this Agreement on behalf of the Hennepin County
Sheriff's Office and the Hennepin County Attorney's Office on the day of
, 2020 and pursuant to such approval, the proper County officials having signed
this Agreement, the parties hereto agree to be bound by the provision herein set forth.
County of Hennepin
State of Minnesota
Reviewed by County
Attorney's Office:
Chair of its County Board
Assistant County Attorney And:
County Administrator
And:
Hennepin County Sheriff/Chief Deputy
Attest:
Deputy/Clerk of County Board
Page 6of6
1cf US()
AMENDMENT NO. 1 TO AGREEMENT NO.A141147
The HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE 2014 CO-OPERATIVE AGREEMENT,
executed by Hennepin County, on behalf of the Hennepin County Sheriff's Office and the
Hennepin County Attorney's Office, the City of Richfield, the City of Brooklyn Park, the City of
Brooklyn Center, the City of Golden Valley and the Drug Enforcement Administration (may be
referred to herein as the "parties").
IT IS HEREBY AGREED that Agreement No. A141147 between the herein-named parties is
hereby amended in accordance with the provisions set forth below:
1. Section 6, Powers and Duties of the Task Force, of the original contract shall be amended by
adding a new Section 6.15 which reads as follows:
"6.15 Effective October 16, 2014, or as soon thereafter as is possible, the Task Force,
by action of the Board, shall acquire and maintain liability coverage for the Task
Force through an insurance policy with the League of Minnesota Cities Insurance
Trust (LMCIT) with a limit of at least $1,500,000 per occurrence, under the
standard LMCIT liability coverage forms. Alternatively, the Board may elect to
obtain such liability coverage from a private commercial insurer, provided such
commercial policy or policies contain coverages that are generally equivalent to,
and as broad as, those provided under the standard LMCIT coverage forms. If
coverage is obtained through a commercial insurer, such policies shall comply
with the following requirements:
• Each policy shall have a limit of at least $2 million per occurrence. If the
policy contains a general aggregate limit, the general aggregate limit shall not
be less than $1,500,000,
• The CGL insurance shall cover liability arising from premises, operations,
independent contractors, products-completed operations, personal injury
and advertising injury, and contractually-assumed liability.
• Each Member, and each Member's officers, employees, and volunteers, shall
be named as additional covered parties on each policy for all claims arising
from Task Force activities or operations.
The Board shall manage the policies acquired under this section, and any matters
related thereto, in accordance with law and as needed to ensure sufficient
insurance coverages remain in place. The cost for any such policies shall be paid
solely from the forfeiture, seizures, fines and other proceeds generated by the
Task Force as further described in Section 10."
2. Section 7, Liability, of the original contract shall be amended by adding a new Section 7,05
which reads as follows:
1
"7.05 To the limit and extent that coverage is available by and through any policy of
insurance obtained pursuant to Section 6.15 herein,the Task Force shall defend
and indemnify its Members, the Task Force Board including but not limited to
the Chair, the Directors, the Task Force Commander, peace officers performing
hereunder and any Member personnel, including but not limited the Member's
officers, employees and volunteers, for any liability, claims, causes of action,
judgments, damages, losses, costs, or expenses, including reasonable attorney's
fees, resulting directly or indirectly from Task Force activities or operations
and/or decisions of the Task Force Board. Nothing in this agreement shall
constitute a waiver of the statutory limits on liability set forth in Minnesota
Statutes, Chapter 466, as a waiver of any immunities or defenses available to the
Task Force or any of the Members under law, or as any of the Members
accepting liability for the acts or omissions of any of the other Members under
Minnesota Statutes, section 471.59, subdivision 1a. To the fullest extent
permitted by law, this agreement and the activities carried out hereunder shall
be construed as a "cooperative activity" and it is the intent of the Board and the
Members that they shall be deemed a "single governmental unit" for the
purposes of determining total liability as set forth in Minnesota Statutes, section
471.59, subdivision 1a."
3. Section 7, Liability, of the original contract shall be amended by adding a new Section 7.07
which reads as follows:
"7.07 Except as set forth in Section 6.15 and 7.05, Sections 7.1 through 7.4 shall remain
applicable. For clarification and not limitation, Sections 7.1 through 7.4 shall
apply in the event (i) any claim is based on an event that pre-dates the coverage
offered by the policy of insurance; (ii) based on the nature or circumstances of
the claim, the Task Force's policy of insurance does not cover a claim; (iii) the
insurer denies a claim for any reason; (iv) a claim exceeds the limits of said policy
of insurance; or (v) any other situation or instance not specifically addressed by
Section 6.15 and/or 7.05.
If there is a conflict between the provisions of Section 6.15 or 7.05 and any
provisions of Sections 7.1-7.4, the provisions set forth in Section Sections 6.15
and/or 7.05 shall prevail."
Except as hereinabove amended, the terms, conditions and provisions of A141147 shall remain
in full force and effect. This Amendment No. 1 to Agreement No.A141147 shall be effective
upon approval by the authorized Hennepin County Officials.
IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies,
caused this Amendment to be executed.
(signatures continued on the following page)
2
HENNEPIN COUNTY VIOLENT OFFENDER ASK FORCE AGREEMENT
CITY OF GOLDEN VALLEY
The Golden Valley City Council duly approved this Agreement on the (9 day of
`fit Q-W"%��1 v� 2014.
City of Golden Valley
Its/Mayor
And by: ilz� I
Its City Manager
Approved as to form
and I ity: —�
Golden Valley City Attorney
(signatures continued on the following page)
3
HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT
CITY OF BROOKLYN PARK
The Brooklyn Park City Council duly approved this Agreement on the day of
2014.
�.�City of Brooklyn Park
Its Mayor
And by:
Its City Manager
Approved as to form
and legality:
Brooklyn Park City Attorney
(signatures continued on the following page)
3
452472v4 TJG BR291-20
HENNEPIN COUNTY VIOLENT OFFENDER TASS(FORCE AGREEMENT
CITY OF 13ROOKLYN CENTER
The Brooklyn Center City Council duly approved this Agreement on the day of
4Cn tL(VIA 2,01
City of Brooklyn Center
Its Mayor
And
Its City Mena er
Approved as to form
and l gality:
77 -
�_
BrookiyrlCenter City Attorney
(signatures continued on the following page)
4
452472v4 TJG BR291-20
HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT
CITY OF RICHFIELD
The Richfield City Council duly approved this Agreement on the day of
2014.
City of Richfiel --,1
By:
Its r
And y: ;r f
it y, anager
Approved as to form
and le all y", i
Richfield City A torney
(signatures continued on the following page)
5
452472v4 TJG BR291-20
HENNEPIN COUNTY VIOLENT O MER TASK,rORCE AoRcEME
CI I Y OF BROOKLYN PARK
rA
The Brooklyn Park City Council duly approved this Agreement on the day of
2014.
City of Brooklyn Park
Approved as to form 4
and legality:
—~ By: _ !.
Br o lyn P k City Attorney is Mayor
And:
s City Manager
F
(signatures continued on the following page)
3
CERTIFICATE
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF BROOKLYN PARK
I, the undersigned, being the duly qualified City Clerks of the City of Brooklyn Park,
Minnesota, hereby certify that the above resolution is a true and correct copy of the resolution
as adopted by the City Council of the City of Brooklyn Park on December 15, 2014.
WITNESS my hand officially as such Clerk and the corporate seal of the City this 16th day
of December 2014.
(SEAL) DEVIN MON I ERO, CITY CLERK
#2014-260
HENNEPIN COUNTY VIOLENT OFFENDER TASIC FORCE AGREEMENT
Hennepin County Board Approval
Task Force Members, having signed this Agreement, and the Hennepin County Board of
Commissioners having duly approved this Agreement on behalf of the Hennepin County Sheriff's
office and the Hennepin County Attorney's Office on the /1� day of i�' 201/� nd pursuant
to such approval,the proper County officials having signed this Agreement, the parties hereto
agree to be bound by the provision herein set forth.
County of Hennepin
State of Minnesota
Reviewed by County
Attorneys Office:
r=, unt rd
Assistant County Attorney And:
-- t�- o�nmissioner ,
And: f .
Hennepin County Sheriff �,)�id-
Attest:
/1D—eputn11erk of County Board
S
452472v4 TJG BR291-20
HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE
2014 CO-OPERATIVE AGREEMENT
The Hennepin County Violent Offender Task Force is currently operating under an existing
Co-operative Agreement, executed by Hennepin County, on behalf of the Hennepin County
Sheriff's Office and the Hennepin County Attorney's Office, the City of Richfield, the City of
Brooklyn Park, the City of Brooklyn Center, the City of Golden Valley and the Drug Enforcement
Administration(may be referred to herein as the"parties").
The parties to this Co-operative Agreement are units of government responsible for the
enforcement of laws in their respective jurisdictions. The parties desire to work cooperatively in the
enforcement of violent offender laws including but not limited to the enhancements and crimes set
forth in Minnesota Statutes § 609.1095, and, for that purpose, are hereby forming the Hennepin
County Violent Offender Task Force.
The undersigned governmental units, in the co-operative and mutual exercise of their
powers, agree as follows:
1. Name. The name of the co-operative powers entity shall be the Hennepin County Violent
Offender Task Force. (HCVOTF).
2. Definitions:
a. Officer — means a peace officer, employed by a Member, who is assigned to the
Task Force full-time and has been approved by the Task Force Board.
b. Board—means the governing board of the Task Force.
C. Fiscal Agent — Hennepin County Sheriff's Office agrees to perform this function
during the term of this Agreement.
d. Member — means a governmental unit that is a signatory to this Agreement or a
counterpart.
e. Task Force—means the Hennepin County Violent Offender Task Force.
f. Task Force Commanders — means one (1) supervisor from the Hennepin County
Sheriff's Office. Future Task Force Commanders will be nominated and voted on
by the Board.
g. Non-Voting Member — means the Drug Enforcement Administration and the
Hennepin County Attorney's Office.
h. Executive Director — means Hennepin County Sheriff's Office Inspector of
Investigations Bureau or his/her designee.
i. Director—means member of Governing Board.
3. Members. The current Members of the Task Force are the following governmental units:
Hennepin County Sheriff's Office
Brooklyn Park Police Department
Brooklyn Center Police Department
Golden Valley Police Department
Richfield Police Department
Hennepin County Attorney's Office
Drug Enforcement Administration(DEA)
3.1 The Members shall cooperate and use their best efforts to ensure that the various provisions
of the Agreement are fulfilled. The Members agree to act in good faith to undertake
resolution of disputes, if any, in an equitable and timely manner and in accordance with the
provisions of this Agreement.
4. Term.
4.1 The term of this Agreement shall be for seven years, commencing January 31, 2014 and
terminating January 30, 2021, unless terminated earlier pursuant to the provisions of this
Agreement. This Agreement may be extended by mutual written agreement of the indicated
parties' governing bodies for one successive seven year term upon the same terms,
conditions, and covenants, unless the Task Force is dissolved prior to expiration of the initial
or successive term.
2
4.2 Upon dissolution of the Task Force, the Board shall provide for the distribution of all Task
Force funds and assets in the following manner: (1) The Board may determine to sell and
liquidate non-monetary assets prior to distribution; and (2) Assets and funds shall be
distributed in proportion to the full-time staffing contributions and other financial
contributions of each Member to the Task Force determined by the full time equivalent
contributions of each current Member. Property owned by Members shall be returned to the
Members upon dissolution. A Member whose membership terminates prior to dissolution
of the Task Force is entitled to the return of its own property, but is not entitled to any share
or portion of Task Force funds or assets.
5. Governing Board.
5.1 The Task Force shall be governed by a Governing Board ("Board"). Members of the Board
will be known as "Directors." Except as indicated herein, the Chief Law Enforcement
Officer from each Member, or his or her designee, shall serve as a Director. Each Director
and, accordingly, each Member agency is allowed no more than one (1) vote, regardless of
the number of employees assigned to the Task Force or in attendance at any meeting from
the respective Agency.
The Director representing the Hennepin County Attorney's Office shall not vote on Board
matters but instead shall make recommendations to the Board.
5.2 Directors shall not be deemed employees of, nor compensated by the Task Force.
5.3 The Hennepin County Sheriff shall be the chair of the Board. The Chair's responsibilities
include but are not limited to the following: giving notice of meetings when scheduled or
otherwise called; calling meetings to order and providing for their orderly and efficient
conduct; and providing for the preparation of minutes.
5.4 The Board shall oversee the operational activities of the Task Force and by and through the
Task Force Commander shall monitor the progress of the mission and goals established by
the Board.
5.5 The Board shall meet on a quarterly basis or more frequently as needed.
5.6 The Board may take action based on the vote of a simple majority. A quorum shall exist,
and votes may be taken, if a majority of the Directors or their designees are present.
3
5.7 The Board may recommend changes in this Agreement to its Members. Such changes shall
not become effective until the governing body of each Member has, by resolution, approved
such changes.
5.8 Non-Voting Members may attend Board meetings.
6. Powers and Duties of the Task Force.
6.1 To accomplish the objectives herein, all Task Force Members shall assign at least one peace
officer licensed pursuant to Minnesota Statutes § 626,84, subd.1, or similar licensing statute
or regulation, to the Task Force on a full-time basis. The assigned peace officer must
comply with Minnesota Statutes § 471.59, subd. 12.
6.2 A typical assignment to the Task Force should be for a minimum period of two years.
However, assignments shall be at the pleasure of both the Task Force Board and the
Officer's employing agency and may be terminated at any time.
6.3 The Task Force will direct investigative and enforcement activities based on intelligence
provided by the Task Force Members with priority given to case investigations that directly
impact the Members' Minnesota communities.
6.4 The initial Task Force Commander(s) will be nominated by the Hennepin County Sheriff's
Office and approved by the Board. The Task Force Commander shall be responsible for the
day to day operations of the Task Force and provide the overall direction and supervision of
the Task Force officers. Future Task Force Commanders will be nominated by the
Hennepin County Sheriff's Office and approved by the Board. The Task Force
Commander's duties shall include,but not be limited to:
(a) Guiding and directing the activities of personnel assigned to the Task Force;
(b) Establishing and monitoring goals, priorities, budgets, operational policies and
procedures and work assignments;
(c) Reviewing and approving reports;
(d) Scheduling assigned personnel;
(e) Providing input on employee evaluations, if requested;
(f) Allocating overtime work, if necessary.
6.5 The Task Force shall cooperate with other federal, state, and local law enforcement agencies
to accomplish the purpose for which the Task Force is organized.
4
6.6 The governmental unit serving as the Fiscal Agent shall cause to be made an annual audit of
the books and accounts of the Task Force and shall make and file a report to its Members
which includes the following information:
(a) The financial condition of the Task Force;
(b) The status of all Task Force projects;
(c) The business transacted by the Task Force;
(d) Quarterly financial report;
(e) Other matters which affect the interests of the Task Force.
6.7 The Task Force's books, reports, and records shall be open to inspection by its Members at
all reasonable times.
6.8 Nothing herein is intended or should be construed in any manner as creating or establishing
the relationship of co-partners between the parties hereto or as constituting one of the
Members as the agent, representative or employee of another Member for any purpose or in
any manner whatsoever. Personnel assigned to the Task Force by one of the Members shall
not be considered temporary or permanent employees of any other Member for any purpose
whatsoever or be entitled to tenure rights or any rights or benefits by way of workers'
compensation, re-employment insurance, medical and hospital care, sick and vacation leave,
severance pay, PERA or any other right or benefit of another Member.
6.9 The Members acknowledge and agree that it is their sole responsibility to provide all salary
compensation and fringe benefits to their separate employees. Benefits may include, but are
not limited to: health care, disability insurance, life insurance, re-employment insurance,
FICA, Medicare, and PERA.
6.10 The Members acknowledge and agree that it is their responsibility to provide the equipment
necessary to enable their assigned employee to complete their duties.
6.11 The Members acknowledge and agree that Hennepin County will provide initial start-up
funds,to include co-located headquarter space.
6.12 The parties acknowledge and agree that entering into and carrying out the terms and
conditions of this Agreement will not violate or constitute a breach of any obligation binding
the party and shall comply with all applicable federal, state, and local laws including but not
limited to Minnesota Statutes § 471.59.
5
6.13 The Task Force adopts the policy and procedure guidelines established by the Minnesota
Department of Public Safety Gang and Drug Oversight Council. (See generally Minnesota
Statutes, Chapter 299A.641, as amended or updated.)
6.14 The Task Force shall process all seized cash, physical assets and evidence through the
normal evidence handling procedures within the Hennepin County Sheriff's Office.
Seizures of cash, real property and personal property must be done in accordance with all
applicable laws and regulations. The Task Force shall promptly report forfeitures in
accordance with MN. Statute 609.5315, subd. 6.
7. Liability.
7.1 Each Member agrees that it will be responsible for its own acts and the acts of its officers
and employees and any liability resulting therefrom to the extent authorized by law and
shall not be responsible for the acts of the other Member or any liability resulting
therefrom. Each Member acknowledges and agrees that it is insured or self-insured
consistent with the limits established in Minnesota state statute. Each Member agrees to
promptly notify all other Members if it becomes aware of any potential Task Force
related claims, or facts giving rise to such claims.
7.2 Each Member shall be responsible for injuries to or death of its own personnel. Each
Member will maintain workers' compensation insurance or self-insurance coverage,
covering its own personnel while they are assigned to the Task Force or are otherwise
participating in or assisting with Task Force operations or activities. Each Member waives
the right to, and agrees that it will not, bring any claim or suit against the Task Force or any
other Member for any workers' compensation benefits paid to its own employee or
dependents,that arise out of participation in or assistance with Task Force operations or
activities, even if the injuries were caused wholly or partially by the negligence of any other
Member or its officers, employees, or volunteers.
7.3 Each Member shall be responsible for damages to or loss of its own equipment. Each
Member waives the right to, and agrees that it will not, bring any claim or suit against the
Task Force or any other Member for damages to or loss of its equipment arising out of
participation in or assistance with Task Force operations or activities, even if the damages or
6
losses were caused wholly or partially by the negligence of any other Members or its
officers, employees, or volunteers.
7.4 As applicable, under no circumstances shall a party be required to pay any amounts in
excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable
to any one party. The statutory limits of liability for some or all of the parties may not be
added together or stacked to increase the maximum amount of liability for any party.
8. Finances.
8.1 Task Force operations will be financed from funds and resources contributed by Members.
Members shall provide Officers to be assigned to the Task Force.
8.2 The Fiscal Agent shall serve as sole administrator of all funds contributed by Task Force
Members or otherwise received by the Task Force, and in such capacity is authorized to
receive all funds for deposit and make disbursements therefrom in accordance with
Hennepin County policy and generally accepted accounting principles. In conjunction
therewith, the Fiscal Agent shall maintain current and accurate records of all obligations and
expenditures of Task Force funds in accordance with Hennepin County policy and generally
accepted accounting principles. It shall also produce quarterly financial and statistical
reports which shall be disseminated to the Board. The Task Force shall maintain all such
reports and related records for a period of six (6)years after dissolution of the Task Force.
9. Officers.
9.1 The Task Force shall refer disciplinary matters or other instances of misconduct involving
an Officer to the Officer's Chief Law Enforcement Officer for investigation, referral, or
disposition. However, nothing herein shall be construed to prevent the Task Force from
reporting suspected criminal conduct directly to an outside agency for investigation.
9.2 Officers will be responsible for focused investigation on targeted violent offenders,
including intelligence management, case development, and case charging. Officers may
also assist other Officers in surveillance and undercover operations. Task Force Officers
will work cooperatively with assisting agencies. Officers acting under this Agreement in the
jurisdiction of another Member are acting in the line of duty and in the course of
employment and are authorized to exercise the powers of a peace officer therein.
7
10. Forfeiture, Seizures and Fines. All proceeds generated by Task Force operations shall be
returned to the Task Force. When the Task Force seizes property or funds in cooperation
with other law enforcement agencies, the Task Force Board will negotiate the distribution of
the forfeited funds with those agencies.
11. Additional Members and Change in Membership.
11.1 A governmental unit may join the Task Force and become a Member upon approval by the
Governing Board and execution of a copy of this Agreement by its governing body.
11.2 The Governing Board may involuntarily terminate a Member if that Member has failed to
provide a minimum of one Officer to staff the Task Force for more than 12 consecutive
months.
11.3 In any case in which a party identified in paragraph 3 joins the Task Force after the effective
date of this Agreement or any other governmental unit joins the Task Force pursuant to
paragraph 11.1, contributions by and reimbursement to such Members shall be equitably
determined and adjusted by the Board to reflect the participation by that Member for less
than one full year. The decision of the Board shall be final.
11.4 A Member may, upon ninety (90) days' written notice to all other Members, withdraw and
cancel its participation in this Agreement with or without cause.
12. Counterparts. This Agreement may be executed in several counterparts, each of which
shall be an original, all of which shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies,
caused this Agreement to be executed.
(signatures continued on the following page)
8
HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT
CITY OF GOLDEN VALLEY
The Golden Valley City Council duly approved this Agreement on the S day of
2014.
City of Golden Valley
Approved as to form
Golden Valley City Attorney Its Wayor
And:
Its tity Administr
(signatures continued on the following page)
9
14 SUMMARY
Physical Development
763-593-8030 / 763-593-8109 (fax)
Golden Valley City Council Meeting
January 5, 2021
Agenda Item
3. E. 1. Approve Resolution No. 21-01 to apply for Department of Natural Resources Conservation
Partners Legacy Grant for Briarwood Nature Area
Prepared By
Drew Chirpich, Environmental Specialist
Summary
The Minnesota Department of Natural Resources (DNR) manages the Conservation Partners Legacy
(CPL) program to provide competitive matching grants to restore, protect or enhance prairies,
wetlands, forests, and habitat for fish, game, or wildlife in Minnesota. Nonprofit organizations and
government entities are eligible for CPL funding.
City staff recognized this as an excellent opportunity to fund restoration and habitat enhancement in
one of its natural areas, Briarwood Nature Area. The scope of the project would be to remove invasive
species such as buckthorn, and to seed and plant desirable native species that enhance habitat,
recreational use, and prevent erosion throughout the nature area.
This work aligns with the City's goals in its Natural Resource Management Plan. Goal 1 is to Protect,
Preserve, Restore, Enhance and Acquire Natural Areas and Open Space. Within the plan are concept
plans and implementation actions for each Nature Area. Staff worked with the Environmental
Commission to prioritize work in its Nature Areas, and based upon many criteria, Briarwood Nature
Area near the top for this type of restoration project.
If the City is selected for the grant, work would begin with the invasive species removal and planting
components as soon as possible. Ongoing integrated plant management for the project would continue
through 2024. The City has been awarded the DNR ECP Grant for two past projects within the Bassett
Creek Nature Area and Pennsylvania Woods Nature Area.
A resolution of support from City Council is encouraged as part of the application process. If awarded,
the City would need to provide a local match of 10% cash or in-kind resources. $50,000 is the
maximum award amount for the grant. Adequate funds are available in the Environmental Control
Fund 7303.6340.
City Council Regular Meeting Executive Summary 2
City of Golden Valley
January 5, 2021
Financial or Budget Considerations
10% match ($5,000)for the grant funds would be paid for out of the City's Environmental Control Fund
7303.6340.
Recommended Action
Motion to adopt Resolution No. 21-01 Supporting Submittal of Application to Minnesota Department
of Natural Resources Conservation Partners Legacy Grant Program
Supporting Documents
• Site Map
• Resolution No. 21-01 Supporting Submittal of Application to Minnesota Department of Natural
Resources Conservation Partners Legacy Grant Program
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RESOLUTION NO. 21-01
RESOLUTION AUTHORIZING EXECUTION OF A
CONSERVATION PARTNERS LEGACY GRANT APPLICATION
WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES
WHEREAS, that the City of Golden Valley, hereinafter referred to as the "Applicant" act
as legal sponsor for the project contained in the Conservation Partners Legacy Grant
Application submitted on Jan uary19th, 2021 and that the Director of the Physical Development
Department is hereby authorized to apply to the Department of Natural Resources for funding of
this project on behalf of the Applicant.
WHEREAS, that the Applicant has the legal authority to apply for financial assistance,
and the institutional, administrative, and managerial capability to ensure adequate acquisition,
maintenance and protection of the proposed project.
WHEREAS, that the Applicant has the financial capability to provide the required
matching funds, in the amount of$5,000.
WHEREAS, that the source of Applicant's matching funds shall not include other State
funds.
WHEREAS, that the Applicant hereby pledges to complete the project or phase if it
exceeds the total funding provided by the Department of Natural Resources and any required
local match.
WHEREAS, that the Applicant has not incurred any costs and has not entered into any
written agreements to purchase property proposed by this project.
WHEREAS, that the Applicant has not violated any Federal, State, or local laws
pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or
corrupt practice.
WHEREAS, that upon approval of its application by the state, the Applicant may enter
into an agreement with the State of Minnesota for the above referenced project and that the
Applicant certifies that it will comply with all applicable laws and regulations as stated in the draft
contract agreement.
NOW, THEREFORE BE IT RESOLVED that the City Council for the City of Golden
Valley authorizes the Physical Development Director to execute such agreements as are
necessary to implement the project on behalf of the applicant.
Adopted by the City Council of Golden Valley, Minnesota this 51" day of January, 2021.
Shepard M. Harris, Mayor
ATTEST:
Theresa Schyma, City Clerk
EXECUTIVE SUMMARY
City Administration
763-593-8006 / 763-593-8109 (fax)
Golden Valley City Council Meeting
January 5, 2021
Agenda Item
3. F. Designation of 2021 Official Newspaper
Prepared By
Theresa Schyma, City Clerk
Summary
In accordance with Minnesota Statutes, the Council must designate a newspaper of general circulation
in the City as the official newspaper in which all ordinances, hearing notices, advertisement for bids,
etc. are required to be published.
The New Hope/Golden Valley Sun-Post has communicated an interest in continuing to serve as the
official newspaper for the City of Golden Valley. The New Hope/Golden Valley Sun-Post is qualified to
serve as a legal and official newspaper under Minnesota Statutes Section 331A.02, Subd. 1.
Financial Or Budget Considerations
The 2021 Council Budget has $15,000 allocated to public hearing notices.
Recommended Action
Motion to designate the New Hope/Golden Valley Sun-Post as the 2021 official newspaper for the City
of Golden Valley.
city EXECUTIVESUMMARY
1 d e .go Administrative Services
763-593-8013 / 763-593-3969 (fax)
Golden Valley City Council Meeting
January 5, 2021
Agenda Item
3. G. Designation of Depository For City Funds, Resolution No. 21-02
Prepared By
Sue Virnig, Finance Director
Summary
State Law requires cities to have depositories for City and Housing and Redevelopment Authority funds
approved annually. The attached resolution states the depository, accounts, and signature
requirements (facsimile for general account) for each account.
Financial Or Budget Considerations
Not Applicable
Recommended Action
Motion to adopt Resolution No. 21-02 Resolution Designating Depository.
Supporting Documents
• Resolution No. 21-02 - Resolution Designating Depository (2 pages).
RESOLUTION NO. 21-02
RESOLUTION DESIGNATING DEPOSITORY
WHEREAS, Minnesota Statutes set procedures and require the City Council to
designate depositories for City funds which include the Housing and Redevelopment
Authority (HRA) as a blended component unit; and
WHEREAS, these statutes allow the City Council to authorize the Accounting
Coordinator or Finance Director/Treasurer to annually designate a bank as the official
depository for the City funds and manage the collateral pledged to such funds; and
WHEREAS, Wells Fargo Bank, Minnesota, N.A., is now the official depository; and
WHEREAS, Wells Fargo Bank, Minnesota, N.A., wires transfer funds to below
institutions for investments purchased by the City and HRA:
4M Fund
Bell Bank
BNC National Bank
MidWest One
Piper Jaffray Companies
RBC-Dain Rauscher
Stifel Nicolaus & Co Inc
Sunrise Bank
US Bank
Wells Fargo
NOW, THEREFORE BE IT RESOLVED that the following signatories or alternates
are authorized to be signatories on checks drawn on funds deposited:
1 . General Checking:
Mayor or Mayor Pro Tern and Treasurer or Accounting Coordinator;
Each check requires two (2) signatures.
Use of facsimile signatures by the following named persons:
Shepard M Harris Mayor
Susan M Virnig Treasurer
2. Internal Deposit Funds:
(Motor Vehicle Registration Fund Checking, DNR Transaction account)
Transfers may be made by the City Treasurer and Accounting Coordinator to
the State of Minnesota, DNR and City of Golden Valley General Checking;
Deputy Registrar may make transfers between accounts (Motor Vehicle
Registration Fund and DNR Account) and to the State of Minnesota for
deposits.
Resolution 21-02 -2- January 5, 2021
3. Imprest Fund Checking: (Park and Recreation, City Activity Account,
Brookview Golf Course and Brookview Golf Activity):
Signatories shall be as designated by the City Manager who shall notify the
bank at the time of authorization or change or authorization and each check
shall require one (1) signature. Transfers from accounts are authorized by the
Finance Director or Accounting Coordinator.
4. ACH Transfers: (City of Golden Valley General Account):
Will be authorized for the Accountant, Accounting Coordinator or Finance
Director/Treasurer for payroll transfers created by the Payroll System.
Will be authorized for the Deputy Registrar, Accounting Coordinator or
Finance Directory/Treasurer for transfers to the State or Department of
Department of Natural Resources (DNR).
Will be authorized for the Accounting Coordinator and Finance
Director/Treasurer will be authorized to make transfers to the Investment
firms or electronic payments authorized.
BE IT FURTHER RESOLVED that the following shall be authorized to make
investments of city funds and shall be authorized to deposit the principal of said
investments in the above named depositories as necessary and beneficial to the City: City
Manager, Finance Director/Treasurer and Accounting Coordinator.
The City Clerk is authorized and directed to furnish each of the depositories with certified
copies of this resolution along with such signature documentation as is required by the
depository and the authorizations set forth in all above.
Adopted by the City Council of Golden Valley, Minnesota this 5t" day of January, 2021 .
Shepard M. Harris, Mayor
ATTEST:
Theresa Schyma, City Clerk
city EXECUTIVESUMMARY
go 1de 7. Administrative Services
763-593-8013 / 763-593-3969 (fax)
Golden Valley City Council Meeting
January 5, 2021
Agenda Item
3. H. Approval of Use of Credit Cards for Purchases
Prepared By
Sue Virnig, Finance Director
Summary
MN Statute 471.382 authorizes the use of credit cards by cities, but the legislation requires prior City
Council approval of those employees who will be using the cards on behalf of the City. The following
are the credit cards issued:
Store issued credit cards:
• HyVee
• Speedway
• Northern Tool
• Sears
• Home Depot
Non-store issued cards:
• US Bank (employee will sign use of purchasing card program)
Not all businesses accept purchase orders from the City. The stores listed above have credit cards with
their business name on them. All use will need to be approved by the supervisor before any purchase is
made.
The US Bank is a purchasing/credit card with the employee's name on it. These cards will be used only
if no other form of payment is accepted. Each employee given authority will sign a use of card policy
with terms of acceptable use. An employee may keep the card for a period of time with approval from
the supervisor.
Therefore, staff is recommending that the City Council authorize the use of the following credit cards
listed above by any City employee, who has received prior approval of the appropriate supervisor.
Financial Or Budget Considerations
Credit Card payments will be included on the city check register.
Recommended Action
City Council Regular Meeting Executive Summary 2
City of Golden Valley
January 5, 2021
Motion to approve usage of credit cards by any city employee who has received prior approval from
the appropriate supervisor and approved by the Finance Director and/or City Manager.
Supporting Documents
None
city EXECUTIVE SUMMARY
.golden Administrative Services
763-593-8013 / 763-593-3969 (fax)
Golden Valley City Council Meeting
January 5, 2021
Agenda Item
3. I. Annual Elections for the 2021-22 Insurance Policy
Prepared By
Sue Virnig, Finance Director
Summary
Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide
whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. Staff
recommends that the City does not waive the statutory limit on tort liability established by Minnesota
Statues 466.04 for the 2021-22 insurance policy. This policy is a February 1 renewal.
Financial Or Budget Considerations
If the city does not waive the statutory tort limits, an individual claimant would be able to recover no
more than $500,000 on any claim to which the statutory tort limits apply. The total which all claimants
would be able to recover for a single occurrence to which the statutory tort limits apply would be
limited to $1,500,000. Insurance Rates from the League reflect this coverage.
Recommended Action
Approve Resolution #21-03 Making Annual Elections for the 2021-22 Insurance Policy.
Supporting Documents
• Resolution #21-03 Making Annual Elections for the 2021-22 Insurance Policy (1 page)
RESOLUTION NO. 21-03
RESOLUTION MAKING ANNUAL ELECTIONS
FOR THE 2021-22 INSURANCE POLICY
WHEREAS, the City of Golden Valley must declare whether or not to waive the
statutory limits on tort liability established by Minnesota Statutes 466.04"
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Golden
Valley that it does not waive the statutory limits on tort liability established by Minnesota
Statutes 466.04 for the 2021-22 insurance policy.
Adopted by the City Council this 51" day of January, 2021 .
Shepard M. Harris, Mayor
ATTEST:
Theresa J. Schyma, City Clerk
EXECUTIVE SUMMARY
City Administration
763-593-8006 / 763-593-8109 (fax)
Golden Valley City Council Meeting
January 5, 2021
Agenda Item
3. J. Approve 2021 Appointments, Assignments and Reimbursements
Prepared By
Tomas Romano, Assistant to the City Manager's Office
Summary
Each year, the City Council appoints its members and staff to fill several roles required by statute.
Additionally,the Council appoints its members to serve as representatives on various assignments.The
proposed appointments are as follows:
1. Acting Mayor. Each year, the Council must appoint an Acting Mayor to fulfill the duties of
Mayor during the disability or absence of the Mayor. (Minn. Stat. § 412.121.) This duty has
historically been rotated.
Listed below is the history of Mayor Pro Tern appointments:
• 2016— Fonnest
• 2017—Schmidgall
• 2018— Fonnest
• 2019—Clausen
• 2020— Rosenquist
The proposed Acting Mayor for 2021 is Council Member Sanberg
2. Assistant Weed Inspector. Under Minnesota Statute, the Mayor acts as the weed inspector
for the City. Each year,the City appoints assistant weed inspectors (Minn.Stat. § 18.80,subd.
3)to carry out the duties of weed inspector. Historically, employees of the Fire Department,
Parks and Recreation Department and the City Forester have filled this role.
The proposed assistant weed inspectors for 2021 are:
• Dave Gustafson, Fire/Property Maintenance Specialist
• Jake Dashiell, Fire/Property Maintenance Specialist
• Al Lundstrom, Park Supervisor
• Tim Teynor, Assistant Forester
City Council Regular Meeting Executive Summary 2
City of Golden Valley
January 5, 2021
3. Board and Commission Liaisons. Each year, the Council appoints one Council Member to act
as a liaison to each Board and Commission.
The Proposed Board and Commission Liaisons for 2021 are as follows:
Board or Commission: 2021 Council Liaison:
Board of Zoning Appeals Fonnest
Civil Service Commission/ New Police Rosenquist
Commission
Environmental Commission Fonnest
Human Rights Commission Harris, M.
Human Services Commission Sanberg
Open Space and Recreation Commission Sanberg
Planning Commission Rosenquist
4. Other Assignments. Each year, the Council assigns Council Members to serve as
representatives on various other assignments. These appointments are for a one-year term.
(Golden Valley City Code Section 2-43(b).)
The proposed Council appointments for 2021 are as follows:
Assignment: Appointed Official:
Beyond the Yellow Ribbon Campaign Mayor Harris
Golden Valley Business Council Council Member Harris (Delegate)
Mayor Harris (Alternate)
Golden Valley Historical Society Board Council Member Fonnest
Highway 55 Bus Rapid Transit Council Member Rosenquist
Hopkins School District 270 Caring Youth Council Member Sanberg
Committee
Hopkins School District 270 Cities Joint Council Member Rosenquist (Delegate)
Meetings Mayor Harris (Alternate)
Legislative Liaison and Spokesperson Mayor Harris
Blue Line Now! Coalition Mayor Harris (Delegate)
Council Member Rosenquist (Alternate)
Bottineau Light Rail Community Works Council Member Rosenquist (Delegate)
Steering Committee Council Member Fonnest (Alternate)
METRO Blue Line Extension Corridor Mayor Harris (Delegate)
Management Committee Council Member Rosenquist (Alternate)
Metro Cities Council Member Fonnest
Minneapolis Water Advisory Board Mayor Harris
City Council Regular Meeting Executive Summary 3
City of Golden Valley
January 5, 2021
Northwest Suburbs Cable Communications/ Council Member Sanberg
CCX
Regional Council of Mayors Mayor Harris
Robbinsdale School District 281 Government Council Member Rosenquist
Advisory Committee
Sochacki Park Governance Policy Board Council Member Fonnest (Delegate)
Mayor Harris (Delegate)
Minneapolis Park and Recreation Board Council Member Rosenquist (Delegate)
Committee Mayor Harris (Alternate)
Minneapolis Regional Chamber of Commerce Council Member Harris
Municipal Legislative Commission Council Member Fonnest (Delegate)
Mayor Harris (Alternate)
The following Committees and Commission require appointments. Terms for the BAC and
CAC will be for the current phase (anticipated one year). Terms for BCWMC are for three
years. The proposed appointments for 2021 are as follows:
Assignment: Appointed Citizen:
Blue Line Business Advisory Committee
Blue Line Community Advisory Committee
Basset Creek Watershed Management Commission (Commissioner)
(Alternate)
5. Discover St. Louis Park. Periodically, the City Council appoints a representative to the
Discover St. Louis Park Board (the Saint Louis Park Visitors and Convention Bureau).
Historically, this role has been filled by the City Manager.
The proposed appointment to DSLP for 2021 is as follows:
Assignment: Appointed Official:
Discover St. Louis Park Board City Manager Cruikshank
Financial Or Budget Considerations
Under City Code, section 2-43, the Mayor and Council are paid $50.00 for each meeting they are
directed or designated to attend, up to a maximum of$150.00 per month. Where a delegate and
alternate are appointed, the delegate is eligible for payment for all meetings they attend. The alternate
is eligible for payment for all meetings they attend that the delegate does not attend. The Ordinance
requires the Council to outline the method for approval of meetings by resolution. The attached
resolution meets this requirement.
City Council Regular Meeting Executive Summary 4
City of Golden Valley
January 5, 2021
Recommended Action
Motion to adopt proposed 2021 appointments for Acting Mayor, Board and Commission Liaisons,
Assistant Weed Inspector, Other Assignments, and Discover St. Louis Park.
Motion to adopt Resolution No. 21-04 outlining the method for approval of meetings eligible
for reimbursement under City Code § 2-43.
Supporting Documents
• Resolution No. 21-04 for approval of additional assignments and meetings payment
attended by the Mayor and Council (1 page)
RESOLUTION NO. 21-04
RESOLUTION FOR APPROVAL OF ADDITIONAL ASSIGNMENTS AND MEETINGS
PAYMENT ATTENDED BY THE MAYOR AND COUNCIL
WHEREAS, each year the City Council assigns Council Members to serve as
representatives on various Committees and Subcommittees; and
WHEREAS, Golden Valley City Code Section 2-43(b) states "In addition to their
salaries, the Mayor and Council shall be paid $50.00 for each meeting they are directed or
designated to attend, up to a maximum of $150.00 per month. The method for approval of
meetings shall be outlined by resolution of the Council"; and
WHEREAS, at the January 5, 2021 , City Council meeting, the Council approved
assignments to the following:
• Beyond the Yellow Ribbon Campaign • Regional Council of Mayors
• Golden Valley Business Council • Metro Cities
• Golden Valley Historical Society Board • Minneapolis Water Advisory Board
• Highway 55 Bus Rapid Transit • Northwest Suburbs Cable
Communications/ CCX
• Hopkins School District 270 Caring • METRO Blue Line Extension Corridor
Youth Committee Management Committee
• Hopkins School District 270 Cities Joint • Robbinsdale School District 281
Meetings Government Advisory Committee
• Legislative Liaison and Spokesperson • Sochacki Park Governance Policy Board
• Blue Line Now! Coalition • Minneapolis Park and Recreation Board
Committee
• Bottineau Light Rail Community Works • Minneapolis Regional Chamber of
Steering Committee Commerce
• Municipal Legislative Commission
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Golden
Valley that it hereby approves payment to the Mayor and Council for attendance at the
above listed meetings pursuant to City Code Section 2-43(b) and that payment shall be
made upon submission of proof of attendance at the meeting to the City Manager. Where
a delegate and alternate are appointed, the delegate is eligible to be paid for all meetings
they attend. The alternate is eligible for payment for all meetings they attend that the
delegate does not attend.
Adopted by the City Council of Golden Valley, Minnesota this 5th day of January 2021 .
Shepard M. Harris, Mayor
ATTEST:
Theresa Schyma, City Clerk
EXECUTIVE SUMMARY
City Administration
763-593-8006 / 763-593-8109 (fax)
Golden Valley City Council Meeting
January 5, 2021
Agenda Item
3. K. Approval of 2021 Legislative Priorities
Prepared By
Tim Cruikshank, City Manager
Summary
Each year the Council reviews the City's Legislative Priorities prior to the upcoming Legislative Session.
Council discussed the 2021 Legislative Priorities at the December 8, 2020 Council/Manager meeting.
Once approved, the 2021 Legislative Priorities will be distributed digitally to Golden Valley's legislative
delegation and to other appropriate parties as needed to help achieve the City's goals.
Financial Or Budget Considerations
Various, depending on the item and legislative outcome.
Recommended Action
Motion to approve the City of Golden Valley 2021 Legislative Priorities.
Supporting Documents
• City of Golden Valley 2021 Legislative Priorities (34 pages)
2021 GOLDEN VALLEY
LEGISLATIVE PRIORITIES
tY„f
goldenwvv�r
Table Of Contents
TRANSPORTATION PRIORITIES
T1. Support Full Funding For Bus Rapid Transit (BRT)..................................4
The City of Golden Valley supports investment in a Bus Rapid Transit
corridor on Highway 55 from Wright County to Minneapolis due to a high
concentration of jobs, strong reverse-commute patterns, and increased
residential development along the corridor.
T2. Support Full Funding For Blue Line Light Rail Transit (BLRT) .............5
The City of Golden Valley supports full investment in the Blue Line Light
Rail extension and policies that optimize the line's function as part of the
region's comprehensive transportation system.
T3. Support Funding For Bike And Pedestrian Safety Improvements
ToState Highway 55 .......................................................................................6
The City of Golden Valley seeks funding to improve operations, safety, and
mobility at the intersections of Highway 55 and Douglas Drive (County State
Aid Highway 102) and Highway 55 and Winnetka Avenue. Future improve-
ments would better accommodate vehicles, pedestrians, transit, etc. .
T4. Support Comprehensive Transportation Funding....................................7
The City of Golden Valley supports dedicating more resources to all com-
ponents of the state's transportation system and ensuring local units of
government have access to resources and funding tools to meet growing
needs.
ENVIRONMENTAL PRIORITIES
E1. Continue To Adequately Fund The DNR Flood Reduction
Program For Local Projects ...........................................................................8
The City of Golden Valley is requesting legislative approval of funds through
the Department of Natural Resources (DNR) Flood Damage Reduction
Program to implement public improvements within the DeCola Ponds and
Medicine Lake Road watershed. These projects include improvements
within the Cities of Crystal, New Hope and Golden Valley (eg, flood storage,
subwatershed diversion, and runoff rate control projects).
7800 Golden Valley Road, Golden Valley, MN 55427 1 763-593-8006 Page 1
E2.Support Funding For Metropolitan Council Inflow/Infiltration
Grants—Public And Private Improvements................................................9
Because 1/1 reduction efforts benefit the entire metropolitan area, the City of
Golden Valley supports the state providing continued capital assistance for
grants to cities as well as financial assistance for private property through future
Clean Water Legacy Act appropriations.
E3.Advance Building Performance..................................................................... 10
The City of Golden Valley's supports statewide energy efficiency improvements
in buildings, lighting, and infrastructure and includes these as local goals in the
Resilience and Sustainability Chapter of its 2040 Comprehensive Plan.
FINANCIAL PRIORITIES
F1. Modify Obsolete Fiscal Disparities Formula To Assist
Local Units Of Government With Basic Needs.........................................11
The City of Golden Valley supports reviewing and amending the 50-year-old Fis-
cal Disparities formula to ensure all metro area local governments have access
to resources and funding tools to meet growing needs. By amending the Fiscal
Disparities formula, all metro area cities can use the additional amount of prop-
erty taxes received to help fund needed improvements.
F2. Support Funding For Local Government Aid .............................................12
The City of Golden Valley supports funding of the Local Government Aid (LGA)
component to help ensure needs for public services can be met by equalizing
the tax base for all cities.
F3.Support Funding For Affordable And Workforce Housing.....................13
The City of Golden Valley supports additional tools for local communities to de-
velop and preserve affordable and workforce housing.
F4. Support Tax Incentives For Community Reinvestment..........................14
Golden Valley supports state programs and incentives for reinvestment in older
residential and commercial/industrial buildings, such as, but not limited to, tax
credits and/or property tax deferrals.
COMMUNITY AFFAIRS
C1. Support For Ban On Conversion Therapy Practices.................................15
The City of Golden Valley supports the State Legislature banning the practice of
conversion therapy for minors in the state of Minnesota.
Page 2 City of Golden Valley 2021 Legislative Priorities
C2. Police Arbitration Reform..............................................................................16
The City of Golden Valley strongly urges the Minnesota State Legislature to
consider changes to the current Minnesota Public Employment Labor Rela-
tions Act (MPELRA) arbitration system in any further discussions or proposals
that address police reform measures.
C3. Support For House Select Committee On Racial Justice.......................17
The City of Golden Valley supports the State Legislature's efforts through
its House Select Committee on Racial Justice to declare and address racism
as a public health crisis and to ensure House legislative efforts are analyzed
through an intersectional racial equity lens.
APPENDICES
AppendixT1............................................................................................................18
AppendixE1............................................................................................................21
AppendixE2............................................................................................................24
AppendixF1............................................................................................................26
AppendixF2............................................................................................................27
AppendixF3............................................................................................................28
These priorities are supported by the Golden Valley City Council, along with Metro Cities,
League of Minnesota Cities, Municipal Legislative Commission, and Regional Council of
Mayors policies, and may be used by local officials and staff to advocate for during the
Legislative session.
7800 Golden Valley Road, Golden Valley, MN 55427 1 763-593-8006 Page 3
i
TRANSPORTATION
T1. Support Full Funding For Bus Rapid Transit (BRT)
City Position
The City of Golden Valley supports investment in a Bus Rapid Transit corridor on
Highway 55 from Wright County to Minneapolis due to a high concentration of
jobs, strong reverse-commute patterns, and increased residential development
along the corridor.
Issue
Trunk Highway 55 is a major transportation route serving the west metro area and
beyond. The corridor contains a high concentration of jobs, has a strong reverse-
commute pattern, and is experiencing increased residential development. Bus
Rapid Transit is a practical and affordable component of a comprehensive regional
transportation system.
Actions
• Advocate for full funding for Bus Rapid Transit on Highway 55, which im-
pacts all communities along the corridor (Minneapolis, Golden Valley, Plym-
outh, Medina, and beyond).
Additional Documents (See Appendix T2)
• Resolution: Supporting Future Bus Rapid Transit (BRT) Service On Highway 55
And Participation In Additional Study Of The Corridor (2 pages)
Page 4 City of Golden Valley 2021 Legislative Priorities
i
I
i
i
T2. Support Full Funding For Blue Line Light Rail
Transit (BLRT)
City Position
The City of Golden Valley supports full investment in the Blue Line Light Rail exten-
sion and policies that optimize the line's function as part of the region's compre-
hensive transportation system.
Issue
To fully realize the benefits and rewards of a comprehensive regional transportation
system, the build-out of the Blue Line Light Rail extension must be fully funded and
enjoy the same liability protections as other transit lines in the region.
Actions
• Support language regarding rail liability for the Blue Line Extension light rail
transit project. (State Statute 473.4052 Right-of-Way Use; Contracts; Liabili-
ty. 107.19 Subd. 4. Application. The liability limits under subdivision 2 and the
insurance requirements under subdivision 3 apply only for that segment of
a light rail transit line or line extension in which the project formally entered
the engineering phase of the Federal Transit Administration's "New Starts"
capital investment grant program between August 1, 2016 and February 1,
2017.)
• Provide full funding for the Blue Line Extension light rail transit project in the
Twin Cities northwest corridor.
7800 Golden Valley Road, Golden Valley, MN 55427 1 763-593-8006 Page 5
i
TRANSPORTATION
T3. Support Funding For Bike And Pedestrian Safety
Improvements To State Highway 55
City Position
The City of Golden Valley seeks funding to improve operations, safety, and mobility at the
intersections of Highway 55 and Douglas Drive (County State Aid Highway 102) and High-
way 55 and Winnetka Avenue. Future improvements would better accommodate vehicles,
pedestrians, transit, etc.
Issue
Highway 55 passes through Golden Valley from its east to west city limits, creating a barrier
between the northern and southern portions of the community. This results in significant
delays for motorists crossing the highway at any of the signalized intersections due to long
signal timing cycles that focus on moving traffic through the community. It also creates
difficult and dangerous conditions for pedestrians and bicyclists who wish to cross the
highway.
The 2020 State Bonding Bill funded construction of a pedestrian underpass and roadway
improvements at Highway 55 and Douglas Drive to facilitate safe passage by pedestrians
and bicyclists between transit stops on the highway and provide access to the Luce Line
Regional Trail.
Actions
• Advocate for passage of Minnesota Session Laws 2020, 5th Special Session, Chapter 3,
House File No. 1, Section 16, Subdivision 7: Golden Valley; Douglas Drive and Highway 55.
From the bond proceeds account in the state transportation fund as provided in Minneso-
ta Statutes, section 174.50, for a grant to the city of Golden Valley to perform preliminary
and final design engineering, environmental analysis, acquisition of permanent easements
and right-of-way, reconstruction, and construction engineering of local roads related to
construction of public safety improvements at and near the intersection of Douglas Drive
and Highway 55, including a box culvert underpass across Highway 55, a roundabout and
extended frontage road south of Highway 55, retaining wall construction, underground
utility relocation, sidewalk and trail connections to existing facilities, Americans with Dis-
abilities Act-compliant facilities, and landscaping.
• Advocate for funding from the Minnesota Department of Transportation to study access
ways to provide community connectivity across Highway 55 at Winnetka Avenue to mit-
igate the highway's impact on the community ($14 million for planning, design, and con-
struction).
Additional Documents (See Appendix T1)
• Highway 55 & Douglas Drive - Proposed (1 page)
• Highway 55 & Winnetka Avenue Concept (1 page)
Page 6 City of Golden Valley 2021 Legislative Priorities
i
TRANSPORTATION
T4. Support Comprehensive Transportation Funding
City Position
The City of Golden Valley supports dedicating more resources to all compo-
nents of the state's transportation system and ensuring local units of govern-
ment have access to resources and funding tools to meet growing needs.
Issue
A comprehensive regional transportation system that meets the physical,
social, and economic needs of Golden Valley and the state requires adequate
funding. This transportation system includes streets, bridges, highways,
transit, and multi-modal solutions. Collaborative efforts and initiatives are
already in progress.
Actions
• Establish a sustainable formula to increase transit and transportation fund-
ing.
• Advocate for including improvements to US Highway 169 between 1-394 and
Medicine Lake Road in the MnDOT Capital Improvement Plan.
7800 Golden Valley Road, Golden Valley, MN 55427 1 763-593-8006 Page 7
ENVIRONMENTAL
E1. Continue To Adequately Fund The DNR Flood
Damage Reduction Program For Local Projects
City Position
The City of Golden Valley is requesting legislative approval of funds through the
Department of Natural Resources (DNR) Flood Damage Reduction Program to
continue to implement public improvements within the DeCola Ponds and Medi-
cine Lake Road watershed. These projects include improvements within the Cities
of Crystal, New Hope and Golden Valley (eg, flood storage, subwatershed diver-
sion, and runoff rate control projects).
Issue
The City of Golden Valley experiences localized flooding in the Medicine Lake Road
and Winnetka Avenue area and flooding from Bassett Creek in numerous locations
throughout the community. This flooding causes damages to homes and business-
es, and impacts infrastructure and emergency services. The City is in Phase II of a
multi-phase project.
Action
Advocate for continued full funding of the Minnesota DNR Flood Damage Reduc-
tion Program, including funding of the Medicine Lake Road and Winnetka Avenue
Area Long Term Flood Mitigation Project.
Additional Documents (See Appendix El)
• Map: DeCola Ponds Flood Mitigation Area (1 page)
Page 8 City of Golden Valley 2021 Legislative Priorities
ENVIRONMENTAL 4 )
E2. Support Funding For Metropolitan Council Inflow/
Infiltration Grants—Public And Private Improvements
City Position
Because 1/1 reduction efforts benefit the entire metropolitan area, the City of
Golden Valley supports the state providing continued capital assistance for
grants to cities as well as financial assistance for private property through
future Clean Water Legacy Act appropriations.
Issue
Many metro communities are contributing excess inflow and infiltration
of clear water into the regional wastewater system. Excess 1/1 results in
wastewater flows that exceed the capacity of conveyance and treatment
systems, resulting in significant environmental and public health issues and
excessive costs to upgrade these systems.
Action
Advocate for financial assistance through future Clean Water Legacy appro-
priations to metro area cities with excess 1/1. These resources should include
assistance for cities to address 1/1 contributions from private property.
Additional Documents (See Appendix E2)
• Memo: MCES I&I Grant Benefits - City of Golden Valley (1 page)
7800 Golden Valley Road, Golden Valley, MN 55427 1 763-593-8006 Page 9
ENVIRONMENTAL
E3. Advance Building Performance
City Position
The City of Golden Valley supports statewide energy efficiency improvements in
buildings, lighting, and infrastructure and includes these as local goals in the Resil-
ience and Sustainability Chapter of its 2040 Comprehensive Plan.
Issue
The State of Minnesota has a goal of reducing greenhouse gas emissions by 80
percent by 2050 but is not on track to do so. Buildings are a top greenhouse gas
emitter, and a different approach is needed to building design and construction.
Building codes, which are established by the State, are not advancing fast enough
to reach carbon reduction goals.
Action
The City of Golden Valley supports policy changes and other solutions that lead to
increased building efficiency, including:
• clear standards for developers and designers
• financial support and incentives for energy efficient improvements
• educational support and training
• advancing code requirements at a rate faster than the typical building code up-
date cycle
• local adoption of building codes that advance energy performance in new and
remodeled buildings.
Page 10 City of Golden Valley 2021 Legislative Priorities
FINANCIAL
F1. Modify Obsolete Fiscal Disparities Formula
To Assist Local Units Of Government With Basic Needs
City Position
The City of Golden Valley supports reviewing and amending the 50-year-old Fiscal
Disparities formula to ensure all metro area local governments have access to re-
sources and funding tools to meet growing needs. By amending the Fiscal Dispar-
ities formula, all metro area cities can use the additional amount of property taxes
received to help fund needed improvements.
For nearly 50 years, the Fiscal Disparities program has reapportioned 40 percent
of tax capacity from metro area cities with higher commercial/industrial tax bases
to those with less market value per capita. This is to help equalize funding for the
betterment of the Twin Cities metropolitan area.
While all cities have needs, those that historically have been net Fiscal Disparities
contributors have aged and are experiencing greater infrastructure needs than 50
years ago. Much of this infrastructure was built before the early 1960s and is due
for replacement. It is time to recalculate the Fiscal Disparities formula to reflect to-
day's realities. Since just 2001, Golden Valley has contributed almost $40 million to
help other communities meet their needs. With the proposed change, over the next
20 years Golden Valley would keep an estimated $18 million help meet its needs.
Issue
Golden Valley, like most cities in Minnesota and the nation at large, is facing a loom-
ing infrastructure crisis. All across the US, aging systems for water supply, sanitary
sewer management, storm water and flood control, transportation, etc, are in need
of repair and/or replacement. Not only is much of Golden Valley's infrastructure a
half century or more old, but as populations grow, it's taking on service demands
it was not built to handle. The Fiscal Disparities program has been in existence for
almost 50 years and in need of an overhaul.
Actions
Advocate for modifying the obsolete Fiscal Disparities formula so all metro area
cities can fund needed infrastructure improvements while keeping taxes and util-
ity expenses lower than they inevitably would be if this infrastructure problem is
allowed to grow into a full-blown crisis.
Additional Documents (See Appendix F2)
• Table: 20-Year History Of Golden Valley's Fiscal Disparities Contributions
With 40 Percent Program And 20-Year Projection Of Golden Valley's Fiscal
Disparities Gains With 30 Percent Program (1 page)
7800 Golden Valley Road, Golden Valley, MN 55427 1 763-593-8006 Page 11
FINANCIAL
F2. Support Funding For Local Government Aid
City Position
The City of Golden Valley supports funding of the Local Government Aid (LGA)
component to help ensure needs for public services can be met by equalizing the
tax base for all cities.
Issue
Golden Valley is one of the few cities statewide that does not receive LGA but
has many basic public service needs that are underfunded.
Actions
Advocate for the state to keep pace with inflationary pressures and support
increased funding for LGA. Golden Valley supports an increase in the LGA
appropriation and a review in its entirety of the formula that would at least
provide a minimum distribution to help fund public services. Golden Valley
supports HF 2031 authored by Representative Hertaus in 2019.
Additional Documents (See Appendix F1)
• Table: 10-Year History Of Local Government Aid Distribution And Its Impact
On Golden Valley (1 page)
Page 12 City of Golden Valley 2021 Legislative Priorities
FINANCIAL
F3. Support Funding For Affordable And
Workforce Housing
City Position
The City of Golden Valley supports additional tools for local communities to
develop and preserve affordable and workforce housing.
Issue
Cities must ensure they provide a full range of housing choices in the
community. As cities, businesses, and the overall economy in the Minneapolis-
St Paul region continues to grow, the need for housing available to those with
low and moderate incomes also grows. Failure to expand housing options will
impact the region's ability to attract talent, grow its economy, and reinvest in
itself.
Actions
Advocate for policy and financial tools that support both the preservation of
naturally occurring affordable housing and construction of new affordable housing,
including:
• increasing funding for the state's rental rehab loan fund for naturally occur-
ring affordable housing and including use of the fund in the metro region
• enhancing state programs, policies, and funding allocations to promote and
finance the preservation and construction of affordable housing, particularly
for assisted, senior, and transitional housing
• modifying Tax Increment Financing (TIF) statutes to clearly enable pooling
of TIF revenue for affordable housing
• establishing a statewide notification requirement for rental properties prior
to ownership transfer
• creating incentives for property owners to participate in the Section 8 Hous-
ing Choice Voucher Program to increase housing options for low and mod-
erate income earners
• preserving and expanding the state's 4d low-income property tax program
that provides a property tax benefit to qualifying low-income rental proper-
ties
Additional Documents (See Appendix F3)
• Memo: Golden Valley Affordable Housing Work Plan (2 pages)
7800 Golden Valley Road, Golden Valley, MN 55427 1 763-593-8006 Page 13
FINANCIAL
K Support Tax Incentives For Community
Reinvestment
City Position
Golden Valley supports state programs and incentives for reinvestment in older
residential and commercial/industrial buildings, such as, but not limited to, tax
credits and/or property tax deferrals.
Issue
Golden Valley has aging residential and commercial structures that are in need of
repair and reinvestment. Reinvestment prevents neighborhoods from falling into
disrepair, revitalizes community, and protects the tax base.
Action
Advocate for state-funded programs that promote reinvestment in communities
for residential and commercial/Industrial property owners who make improve-
ments that increase the property's market value.
Page 14 City of Golden Valley 2021 Legislative Priorities
�*2
COMMUNITY AFFAIRS •■■W
C1. Support For Ban On Conversion Therapy Practices
City Position
The City of Golden Valley supports the State Legislature banning the practice of
conversion therapy for minors in the state of Minnesota.
Issue
Conversion therapy, also known as 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.
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. Medical, mental health, and child welfare experts, including the
American Medical Association and the American Psychiatric Association, have
denounced conversion therapy as ineffective, unreliable, unethical, and unsafe for
the people who undergo such treatment, including LGBTQ+ people.
Furthermore, conversion therapy has been shown to cause serious and dangerous
harm 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. The State of Minnesota regulates and licenses behavioral
and mental health professionals but has so far not addressed the serious issue of
conversion therapy.
Actions
The City of Golden Valley supports the State Legislature banning the practice of
conversion therapy for minors in the state of Minnesota. The City supports a ban
that applies to any and all forms of conversion therapy, but that excludes a prohibi-
tion on practices or treatments that provide acceptance, support, and understand-
ing for the facilitation of an individual's coping, social support, and identity explora-
tion and development, or treatment to support gender identity transition.
7800 Golden Valley Road, Golden Valley, MN 55427 1 763-593-8006 Page 15
�*2
COMMUNITY AFFAIRS ��•■■�
r�
C2. Police Arbitration Reform
City Position
The City of Golden Valley strongly urges the Minnesota State Legislature to con-
sider changes to the current Minnesota Public Employment Labor Relations Act
(MPELRA) arbitration system in any further discussions or proposals that address
police reform measures.
Issue
As it now stands, the arbitration system undermines the ability of elected and
appointed officials, including police chiefs and city managers, to make lasting
departmental disciplinary or termination decisions that protect residents and help
to ensure a responsible public safety environment in their communities. Without
systemic changes, arbitrator opinions are allowed to override the professional
judgment of police supervisors when it comes to deciding what constitutes
just cause and who ultimately is permitted to return to the streets as an officer.
Consequently, rigorous police department accountability standards continue to be
compromised at a time when they are needed more than ever.
Actions
• The City supports a new reasonable standard of review in police misconduct
cases. This is necessary to uphold discipline decisions that are entrusted to the
local officials ultimately responsible for protecting their communities. Including a
new, reduced standard of review in police discipline matters is important to foster
cultural change as well as to enhance and support effective police officer ac-
countability and transparency measures that are included in the Police Account-
ability Act of 2020. The new standard should focus the arbitrator's role on simply
determining whether the facts presented show that the employer's actions were
reasonable and consistent with city and departmental policies.
• The City supports using administrative law judges (ALJs) for grievances involv-
ing terminations and discipline related to police misconduct. The ALJ process
would involve robust fact-finding and technical legal parameters that would help
ensure a thorough review of the officer's and employer's actions. This model also
provides an appeals process, which the arbitration process does not. The City
believes the severity and importance of police cases involving terminations and
discipline related to police misconduct warrant them being elevated into the ALJ
system.
Page 16 City of Golden Valley 2021 Legislative Priorities
�*2
COMMUNITY AFFAIRS •■■•
C3. Support For House Select Committee On Racial Justice
City Position
The City of Golden Valley supports the State Legislature's efforts through its House
Select Committee on Racial Justice to declare and address racism as a public
health crisis and to ensure House legislative efforts are analyzed through an inter-
sectional racial equity lens.
Issue
In recent years, the elimination of racial and ethnic disparities has received more
attention in Minnesota from the Legislature, Governor's Office, educational
institutions, philanthropic organizations, faith communities, health care
associations, and the state's business community.
Established in 2020, the House Select Committee on Racial Justice received
recommendations designed to address intentional and unintentional systemic
disparities and inequities based on race. These disparities and the committee's
recommendations address economic development, housing, education, public
safety, health and human services, and environmental justice.
Actions
• The City acknowledges the Select Committee's findings and encourages its ef-
forts to provide definitions, a historical framework, and current data related to
the impact of systemic racism and race-related disparities in the fields of health,
education, housing, public safety, and economics.
7800 Golden Valley Road, Golden Valley, MN 55427 1 763-593-8006 Page 17
Appendix T1. Support Funding For Bike And Pedestrian
Safety Improvements To State Highway 55
• Map: Highway 55 & Douglas Drive - Proposed (1 page)
• Map: Highway 55 & Winnetka Avenue Concepts (1 page)
Page 18 City of Golden Valley 2021 Legislative Priorities
Hwy 55 & Douglas Dr
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7800 Golden Valley Road, Golden Valley, MN 55427 1 763-593-8006 Page 19
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Page 20 City of Golden Valley 2021 Legislative Priorities
Appendix El. Continue To Adequately Fund The
DNR Flood Damage Reduction
Program For Local Projects
• Map: DeCola Ponds Flood Mitigation Area (2 pages)
7800 Golden Valley Road, Golden Valley, MN 55427 1 763-593-8006 Page 21
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7800 Golden Valley Road, Golden Valley, MN 55427 1 763-593-8006 Page 23
Appendix E2. Support Funding For Metropolitan Council
Inflow/Infiltration Grants—Public And
Private Improvements
• Memo: MCES I&I Grant Benefits - City of Golden Valley (1 page)
Page 24 City of Golden Valley 2021 Legislative Priorities
city of
olden MEN10RANDUM
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Y p P
763-593-80301763-593-3988(fax)
Date: January 28, 2016
To: Tim Cruikshank, City Manager
From: Jeff Oliver, PE, City Engineer
R.J. Kakach, EIT, Engineer
Subject: MCES I&I Grant Benefits—City of Golden Valley
The City of Golden Valley has utilized funding from the Metropolitan Council Environmental Services
(MCES) Grant Programs to reduce Inflow and Infiltration (I&I) in both the public and private sewer
systems over the past several years. The public grants have provided additional funding to allow
expanded scopes on projects and decreased timelines on I&I reduction programs. For example, as part
of the annual street reconstruction projects, we have been able to increase sewer lining and manhole
sealing quantities with the extra grant money that was available. Also, we were able to expedite a five
to seven year sanitary sewer manhole cover replacement program into four years with additional
funding from MCES.
The 2013-2014 MCES private sewer grant allowed residents to repair their sanitary sewer lateral and
be reimbursed by MCES at 33%of the repair cost up to $2,000. The available funding through this
grant was so popular that City staff had to turn away applicants. Nearly 300 properties applied for the
grant over the two year period. This reimbursement opportunity from MCES led to an increase in I&I
compliance with the City Ordinance. The Ordinance requires all properties to become compliant prior
to the sale of a property. This allows the City to gradually reduce I&I in the private system. The grant
money attracted interest from properties all over the City, including people who were not selling their
home. This extra interest in becoming I&I compliant from the available MCES grant funding helped
propel the City forward in their I&I mitigation efforts.
The public and private grants provided by MCES have helped to lower Golden Valley's annual sanitary
sewer flows over the past five years. The public grant has allowed for more thorough I&I reduction to
be done with street reconstruction projects and I&I mitigation programs whereas the private grant
increased interest in becoming compliant with the City's I&I Ordinance. The additional funding from
MCES has pushed Golden Valley ahead in their goal to reduce I&I in the sanitary sewer system.
7800 Golden Valley Road, Golden Valley, MN 55427 1 763-593-8006 Page 25
Appendix F1. Modify Obsolete Fiscal Disparities Formula
To Assist Local Units Of Government With
Basic Needs
20-Year History 20-Year Projection
Of Golden Valley's Of Golden Valley's
Fiscal Disparities Contributions Fiscal Disparities Gains
With 40 P ; Program With 30 Percent Program*
2001 $629,460 2021 $698,408
2002 $1,289,977 2022 $718,685
2003 $873,927 2023 $739,182
2004 $1,343,255 2024 $759,902
2005 $1,384,112 2025 $780,845
2006 $1,462,884 2026 $802,012
2007 $1,437,447 2027 $823,406
2008 $1,756,887 2028 $845,026
2009 $2,141,648 2029 $866,876
2010 $2,325,874 2030 $888,956
2011 $2,311,610 2031 $911,266
2012 $2,262,916 2032 $933,810
2013 $2,119,872 2033 $956,587
2014 $2,662,702 2034 $979,600
2015 $2,401,573 2035 $1,002,848
2016 $2,321,355 2036 $1,026,335
2017 $2,676,662 2037 $1,050,060
2018 $2,674,558 2038 $1,074,026
2019 $2,727,495 2039 $1,098,233
2020 $2,961,983 2040 $1,122,682
Total $39,766,196 Total $18,078,744
*New commercial/industrial tax capacity value prospectively
Page 26 City of Golden Valley 2021 Legislative Priorities
Appendix F2. Support Funding For Local Government Aid
10-Year History Of Local Government Aid Distributio
And Its Impact On Golden Valley
Total LGA Golden Valley
Statewide Distribution Portion
2011 $425,345,348 0
2012 $425,238,384 0
2013 $427,494,640 0
2014 $507,598,012 $219,081
2015 $516,898,012 $240,503
2016 $519,398,012 $252,446
2017 $519,398,012 $252,895
2018 $534,398,012 $37,185
2019 $534,398,012 O
2020 $560,398,012 O
7800 Golden Valley Road, Golden Valley, MN 55427 1 763-593-8006 Page 27
Appendix F3. Support Funding For Affordable And
Workforce Housing
• Golden Valley Affordable Housing Work Plan 2020 (2 pages)
Page 28 City of Golden Valley 2021 Legislative Priorities
Golden Valley Affordable Housing Work Plan - 2020
Last updated: January 2020
Prepared By
Emily Goellner, Senior Planner/Grant Writer
Summary
Based on direction from the Council and Manager, staff has developed a work plan on affordable
housing strategies and policies.
Key Points
• The role that the City plays in local housing policy and programming has expanded rapidly
since 2017.
• Staff will continue focusing on building relationships with NOAH property owners, landlords,
and property managers in 2019.
• Since health and safety are central to the City's housing interests, any new policies or
programs should not unintentionally discourage property improvements, rehabilitation, and
code compliance.
• The 2040 Comprehensive Plan identifies many goals and action steps for the City to take.
They are categorized into five goals: quality, variety, affordability, sustainability, and equity.
Staff will work with existing human and financial resources to implement the plan.
• Staffing and budgeting impacts associated with policy and program options must continue to
be examined to ensure that administration, enforcement, and education can be completed
properly.
• Some policies and program ideas will be most impactful if enacted on a regional or state level.
• The Housing Preservation Tools Workgroup meetings are attended by staff at Golden Valley
and ten other city governments (Minneapolis, St. Paul, St. Louis Park, Edina, Eden Prairie,
Bloomington, Richfield, Hopkins, Brooklyn Center, and Brooklyn Park), Hennepin County,
Minnesota Housing Finance Agency, Metro HRA, Urban Land Institute, and Family Housing
Fund. The meetings are held to inform policy recommendations, share knowledge, and bring
important stakeholders to the conversations. This group will continue to meet regularly.
Staff has accomplished the following actions:
1. Adopted a Tenant Protection Ordinance (applicable to owners upon sale of NOAH property)
and notified property owners
2. Adopted the 2040 Comprehensive Plan, which includes an extensive list of actions to be taken
to meet affordable housing goals
3. Hosted a training on Section 8 Housing Choice Vouchers by the Metro HRA at the February
STAR Program meeting for property managers
4. Received CDBG funding for a land trust home for West Hennepin Affordable Housing Land
Trust (WHAHLT) (dba Homes Within Reach)
5. Applied for CDBG,AHIF, and HOME funding for an additional land trust home with West
Hennepin Affordable Housing Land Trust (WHAHLT) (dba Homes Within Reach)
7800 Golden Valley Road, Golden Valley, MN 55427 1 763-593-8006 Page 29
6. Researched opportunities for an HRA levy
a. Bonds or loans to rehabilitation or acquisition/resale of affordable properties
b. Establish a loan program for maintenance of NOAH and/or single-family homes
c. Other programs that further the Housing Policy Plan in the 2040 Comp Plan
7. Expanded the City's legislative priority on affordable housing
8. Adopted changes to the Mixed Income Housing Policy to increase the number of housing
projects required to comply
9. Provided input at the regional housing forum hosted by Governor Dayton's Task Force on
Affordable Housing
10. Planning, Fire, and Police department staff met to monitor condition of housing stock
11. Implemented a 4d property tax program to help preserve existing NOAH units within the City.
Staff is taking continuing action on the following strategies:
12. Host additional discussions with NOAH property owners/manager and staff from the
Minnesota Multi-Family Housing Association (MHA)
13. Create plan and timeline for selling and developing publicly owned vacant land for affordable
housing
14. Update the Housing page on the City website to include more home remodeling information
15. Continue monitoring condition of housing stock and rental rates
a. Request rental rate information with rental licensing program applications
b. Perform update to housing inventory every 5 years
c. Continue monitoring housing stockconditions with inspections
16. Actively follow the work of Prosperity's Front Door, which is the next step after the Governor
Dayton's Task Force on Affordable Housing
17. Perform an evaluation of the STAR program for rental properties and recommend
enhancements that help the City meet a variety of housing goals
18. Contact property owners to promote NOAH loan program with Greater MN Housing Fund
(GMHC), which provides equity for property improvements in exchange for maintained rents
19. Exploring the possibility of using vacant public lands as the basis for new affordable housing
via public land disposition.
Staff is continuing research in partnership with other suburban cities on the following strategies:
20. Research ordinance prohibiting landlords from excluding Section 8 voucher holders from a
building's rental application process (pending MPLS lawsuit)
21. Continue monitoring lawsuit involving the City of Minneapolis policy that prohibits landlords
from excluding Section 8 voucher holders from a building's rental application process (at least
4 cities are interested in adopting a policy if lawsuit decides in favor of City of Minneapolis)
22. Research the benefits and process for the adoption of a local Fair Housing Policy, which the
Metropolitan Council requires for participation in their grant programs for housing projects
Page 30 City of Golden Valley 2021 Legislative Priorities
Page 35
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City of Golden Valley '�` 2021 Legislative Priorities
EXECUTIVE SUMMARY
Physical Development
763-593-8030 / 763-593-8109 (fax)
Golden Valley City Council Meeting
January 5, 2021
Agenda Item
4. A. Public Hearing— Preliminary Plat—7324 Harold Avenue South
Prepared By
Myles Campbell, Planner
Summary
CityLine Homes Inc., represented by Eugene Borodin, is proposing to subdivide the property located at
7324 Harold Avenue into two lots. There is one existing single family home at this address which would be
demolished and replaced with two new single family homes. The preliminary plat for this subdivision was
heard at the December 14t" meeting of the Planning Commission. At this meeting, the Planning Commission
voted unanimously to recommend approval of the preliminary plat with the conditions suggested by staff.
The subject property is zoned R-2 Moderate Density Residential and allows for both two-family and single
family dwellings and the area is also guided for Moderate Density Residential. The lot is currently 40,909
square feet and has a width of 130.28 feet at the front setback line. It fronts on Harold Avenue to the south
and backs up to Olson Memorial Highway to the north. The existing lot is hooked up for sewer and water,
although a second service will need to be installed if subdivided. The City has utilities located underneath
Harold Ave, so this would not require any new extension to provide sewer/water service.
Zoning Analysis
R-2 Lot Requirements
For single family dwellings in an R-2 zoning district, the minimum lot size is 6,000 square feet and the
minimum width is 50 feet at the front setback line. This width must be maintained to a depth of 70 feet
from the front lot line. For a two family dwelling, the City requires a minimum lot area of 10,000 square
feet and a width at the front setback line of 100 feet.
The proposed subdivision would create lots of 21,623 square feet and 18,836 square feet and with widths
of 70.27 and 60.01 feet respectively. Both lots would maintain those widths to a depth of 70 feet from the
front lot line. The dimensions of both of the newly created lots would provide sufficient building envelopes
for development of single family homes in an R-2 district, however due to not meeting the additional width
requirement, neither lot would be viable for a two family dwelling.
City Council Regular Meeting Executive Summary 2
City of Golden Valley
January 5, 2021
Additional Department Review
As required by the Subdivision Code, a tree inventory was performed in order to document all existing
trees. This inventory will be reviewed by the City Forester and used to calculate any required tree
replacement as the lots are redeveloped.
The existing sanitary sewer line is currently under review for the City's Inflow and Infiltration requirements.
A deposit agreement and application have already been submitted to the City's Engineering staff prior to
this subdivision action. At the completion of construction, sewer services to both homes would be
inspected to ensure compliance.
The Engineering division has reviewed the subdivision application and has provided information to the
applicant on permitting as well as technical comments regarding the utilities and stormwater management
on-site. A hydrologic/hydraulic analysis report was requested by Engineering staff for their review prior to
the permitting process, and they have worked with the applicant's civil engineer, Civil Methods Inc., to
ensure that any future homes on-site do not disrupt stormwater management on-site.
The Fire Department has reviewed the application and has no comments or concerns.
Qualification Governing Approval as a Minor Subdivision
According to Section 109-121 of the City's Subdivision Regulations, the following are the regulations
governing approval of minor subdivisions with staff comments related to this request:
1. Minor subdivisions shall be denied if the proposed lots do not meet the requirements of the
appropriate zoning district. Both of the lots of the proposed subdivision meet the requirements of the
Moderate Density Residential (R-2) Zoning District, although they would only allow for single family
homes, not duplexes.
2. A minor subdivision may be denied if the City Engineer determines that the lots are not buildable.
The City Engineer finds that the lots are buildable.
3. A minor subdivision may be denied if there are no sewer and water connections available or if it is
determined by the City Engineer that an undue strain will be placed on City utility systems by the
addition of the new lots. One additional set of sewer and water connections will be necessary. The
addition of the new lots will not place an undue strain on City utility systems.
4. Approval of the minor subdivision may require the granting of certain easements to the City. There
are no additional easements that would be necessary due to the subdivision of this lot.
5. If public agencies other than the City have jurisdiction of the streets adjacent to the minor
subdivision, the agencies will be given the opportunities to comment. The Minnesota Department of
Transportation has been contacted as the site does abut Highway 55 to the rear, however no comment
has been received.
City Council Regular Meeting Executive Summary 3
City of Golden Valley
January 5, 2021
6. The City may ask for review of title if required by the City Attorney for dedication of certain
easements. The City Attorney will determine if such a title review is necessary prior to approval of the
Final Plat.
7. The minor subdivision may be subject to park dedication requirements. A park dedication fee of
$3,030 (6% of the estimated land value with 50%credit for one unit) is required for this subdivision.
8. The conditions spelled out shall provide the only basis for denial of a minor subdivision. Approval will
be granted to any application that meets the established conditions. All conditions have been met.
Planning Commission Discussion
At the informal public hearing for the preliminary plat heard by the Planning Commission, Commissioners
took the opportunity to ask staff and the applicant about the impacts of the subdivision. Specifically, there
were questions about existing trees on the lot, and whether the developer intended to apply for any
variances after the subdivision in order to build the homes. Generally, the applicant noted that trees would
be minimally impacted in order to build the new homes, and that they did not intend to apply for any
additional variances or approvals.
Commissioners generally noted that the application met the conditions for approval laid out by the code,
and so supported the subdivision action. The Commission voted unanimously to recommend approval of
the preliminary plat to the City Council.
Financial Or Budget Considerations
None
Recommended Action
Motion to approve the Preliminary Plat for 7324 Harold Avenue, subject to the following conditions:
1. A park dedication fee of$3,030 shall be paid before release of the Final Plat.
2. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat.
Supporting Documents
• Memo to the Planning Commission dated December 14, 2020 (4 pages)
• Planning Commission Minutes dated December 14, 2020 (6 pages)
• Existing Survey and Final Plat (2 pages)
• Tree Inventory, dated July 20, 2017 (4 pages)
city of
golden MEMORANDUM
valley Physical Development Department
763-593-80951763-593-8109 (fax)
Date: December 14, 2020
To: Golden Valley Planning Commission
From: Myles Campbell, Planner
Subject: Informal Public Hearing on Preliminary Plan for Minor Subdivision of 7324 Harold
Avenue South —CityLine Homes Inc., Applicant
Property address: 7324 Harold Ave Lot size: 40,909 sq. ft. (0.94 acres)
Applicant: CityLine Homes Current use: Single-family home
Property owners: CityLine Homes Future land use: Moderate Density Residential
Zoning District: Moderate Density Residential Adjacent uses: Single-family homes, Lion's
(R-2) Zoning District Park
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1
Summary
CityLine Homes Inc., represented by Eugene Borodin, is proposing to subdivide the property located
at 7324 Harold Avenue into two lots. There is one existing single family home at this address which
would be demolished and replaced with two new single family homes.
Existing Conditions
The subject property is zoned R-2 Moderate Density Residential and allows for both two-family and
single family dwellings and the area is also guided for Moderate Density Residential. The lot is
currently 40,909 square feet and has a width of 130.28 feet at the front setback line. It fronts on
Harold Avenue to the south and backs up to Olson Memorial Highway to the north. The existing lot is
hooked up for sewer and water, although a second service will need to be installed if subdivided. The
City has utilities located underneath Harold Ave, so this would not require any new extension to
provide sewer/water service.
Staff Review
R-2 Lot Requirements
For single family dwellings in an R-2 zoning district, the minimum lot size is 6,000 square feet and the
minimum width is 50 feet at the front setback line. This width must be maintained to a depth of 70
feet from the front lot line. For a two family dwelling, the City requires a minimum lot area of 10,000
square feet and a width at the front setback line of 100 feet.
The proposed subdivision would create lots of 21,623 square feet and 18,836 square feet and with
widths of 70.27 and 60.01 feet respectively. Both lots would maintain those widths to a depth of 70
feet from the front lot line. The dimensions of both of the newly created lots would provide sufficient
building envelopes for development of single family homes in an R-2 district, however due to not
meeting the width requirement, neither lot would be viable for a two family dwelling.
Minor Subdivision Eligibility
In the City's subdivision code there are three conditions laid out for a request to be considered a
minor subdivision action:
1. The land to be subdivided or consolidated must be part of a recorded plat or a recorded
registered land survey (RLS)
2. Consolidations may involve any number of parcels, but subdivisions shall be limited to the
creation of four or fewer lots from one or more original parcels
3. The subdivision or consolidation shall not necessitate any additional public investment in new
roads or utilities to serve the lots.
Sec. 109-119. -Eligibility for Application.
In the case of 7324 Harold, the lot meets all three conditions to be eligible for a minor subdivision
action. The existing lot was part of RLS No. 312, Hennepin County, Minnesota. The subdivision will
create less than four new parcels (2). And since utility services are located along Harold, it will require
no new public investment.
2
Additional Department Review
As required by the Subdivision Code, a tree inventory was performed in order to document all existing
trees. This inventory will be reviewed by the City Forester and used to calculate any required tree
replacement as the lots are redeveloped.
The existing sanitary sewer line is currently under review for the City's Inflow and Infiltration
requirements. A deposit agreement and application have already been submitted to the City's
engineering staff prior to this subdivision action. At the completion of construction, the new sewer
service to both homes would also be inspected to ensure compliance.
The engineering department has reviewed the subdivision application and has provided information
to the applicant on permitting as well as technical comments regarding the utilities and stormwater
management on-site. A hydrologic/hydraulic analysis report was requested by engineering staff for
their review prior to the permitting process, and they have worked with the applicant's civil engineer,
Civil Methods Inc., to ensure that any future homes on-site do not disrupt stormwater management
on-site.
The Fire Department has reviewed the application and has no comments or concerns.
Qualification Governing Approval as a Minor Subdivision
According to Section 109-121 of the City's Subdivision Regulations, the following are the regulations
governing approval of minor subdivisions with staff comments related to this request:
1. Minor subdivisions shall be denied if the proposed lots do not meet the requirements of the
appropriate zoning district. Both of the lots of the proposed subdivision meet the requirements
of the R-2 Moderate Density Residential Zoning District, although they would only allow for single
family homes, not duplexes.
2. A minor subdivision may be denied if the City Engineer determines that the lots are not
buildable. The City Engineer finds that the lots are buildable.
3. A minor subdivision may be denied if there are no sewer and water connections available or if it
is determined by the City Engineer that an undue strain will be placed on City utility systems by
the addition of the new lots. One additional set of sewer and water connections will be
necessary. The addition of the new lots will not place an undue strain on City utility systems.
4. Approval of the minor subdivision may require the granting of certain easements to the City.
There are no additional easements that would be necessary due to the subdivision of this lot.
5. If public agencies other than the City have jurisdiction of the streets adjacent to the minor
subdivision, the agencies will be given the opportunities to comment. The Minnesota
Department of Transportation has been contacted as the site does abut Highway 55. No comment
has been received, however staff will continue to work with MnDOT and provide opportunity for
comment prior to the formal public hearing at City Council.
3
6. The City may ask for review of title if required by the City Attorney for dedication of certain
easements. The City Attorney will determine if such a title review is necessary prior to approval of
the Final Plat.
7. The minor subdivision may be subject to park dedication requirements. A park dedication fee of
$3,030 (6% of the estimated land value with 50%credit for one unit) is required for this
subdivision.
8. The conditions spelled out shall provide the only basis for denial of a minor subdivision.
Approval will be granted to any application that meets the established conditions. All conditions
have been met.
Recommended Action
Staff recommends approval of the proposed minor subdivision subject to the following conditions:
1. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat.
2. A park dedication fee of$3,030 shall be paid before release of the Final Plat.
Attachments
Existing Conditions and Preliminary Plat (2 pages)
Tree Inventory, dated July 20, 2017 (4 pages)
4
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7800 Golden Valley Road I Golden Valley,MN 55427 city
763-593-3992 1 TTY 763-593-3968 1 763-593-8109(fax)I www.goldenvalleymn.gov Olden
ll�r
Planning Commission -xvalley
December 14, 2020—7 pm
REGULAR MEETING MINUTES
This meeting was held via Webex in accordance with the local emergency declaration made by
the City under Minn. Stat. § 12.37. In accordance with that declaration, beginning on March 16,
2020, all Planning Commission meetings held during the emergency were conducted
electronically. The City used Webex to conduct this meeting and members of the public were
able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it on
CCXmedia.org, or by dialing in to the public call-in line.
1. Call to Order
The meeting was called to order at 7:00 by Chair Blum.
Roll Call
Commissioners present: Rich Baker, Ron Blum, Adam Brookins, Andy Johnson, Noah Orloff, Lauren
Pockl, Chuck Segelbaum
Commissioners absent: Ryan Sadeghi
Staff present: Jason Zimmerman— Planning Manager, Myles Campbell — Planner
Council Liaison present: Gillian Rosenquist
2. Approval of Agenda
Chair Blum asked for a motion to approve the agenda.
MOTION made by Commissioner Pockl, seconded by Commissioner Johnson, to approve the agenda
of December 14, 2020. Staff called a roll call vote and the motion carried unanimously.
3. Approval of Minutes
Chair Blum asked for a motion to approve the minutes from November 23, 2020.
MOTION made by Commissioner Johnson, seconded by Commissioner Pockl to approve minutes.
Staff called a roll call vote and the motion carried unanimously.
4. Informal Public Hearing— Informal Public Hearing on Preliminary Plan for Minor Subdivision
Applicant: CityLine Homes Inc.
Addresses: 7324 Harold Ave S
Myles Campbell, Planner, started by stating the proposal to subdivide an existing lot to create two
new lots. The existing home would be demolished as it straddles the proposed internal lot line.
The new lots would remain zoned as they are currently, Moderate Density Residential (R-2).
Campbell displayed maps of the lot and its location in the city. The existing home was built in 1955,
is zoned (R-2) and that zoning is guided similarly in the 2040 Comp Plan.
This document is available in alternate formats upon a 72-hour request. Please call
763-593-8006 (TTY. 763-593-3968)to make a request. Examples of alternate formats
may include large print, electronic, Braille,audiocassette, etc.
City of Golden Valley Planning Commission Regular Meeting 2
December 14, 2020—7 pm
Campbell listed the minimum lot requirements for R-2:
o Single Family Dwelling
■ Minimum lot area of 6,000 square feet
■ Minimum width of 50 feet at the front setback line
o Two Family Dwelling
■ Minimum lot area of 10,000 square feet
■ Minimum width of 100 feet at the front setback line
The lot proposed for subdivision meets the requirements for development as single-family
homes, not duplexes.
To be considered a Minor Subdivision, there are three requirements to be met.
In addition to these items, staff listed four more requirements from engineering, a tree survey,
and park dedication fee.
There are nine standards for approval or denial. If it meets these standards, the proposal must
be approved:
1. Meets area, dimensional, and access requirements
2. Not encumbered by steep slopes or excessive wetness
3. Public sewer and water connections are accessible
4. Easements are granted for necessary public purposes
5. Conditioned on any outside public agency requirements (agency required for contact is
MDOT-no comment has been received by the time of this meeting)
6. Title review by the City Attorney (included in every subdivision)
7. No undue strain on roads, utilities, or adjacent uses (nonresidential parcels)
8. Payment of any fees, charges, or assessments (park dedication fee)
9. These conditions are the only basis for denial. Approval will be granted to any
application that meets them.
Recommendation
The proposed subdivision meets all of the requirements outlined in the City Code, staff
recommends approval of the Minor Subdivision subject to the following conditions:
• The City Attorney will determine if a title review is necessary prior to approval of the
Final Plat.
• A park dedication fee of$3,030 shall be paid before release of the Final Plat.
Staff answered Commissioner questions on the setback and height requirements for R-2.
The Chair welcomed the applicant to present any information. The applicant mentioned his
attention to setbacks and elevation and spent time discussing options with staff.
Commissioner Pockl mentioned the large number of trees on the lot and asked what the
impact would be with building. The applicant responded that based on their plans, only one
City of Golden Valley Planning Commission Regular Meeting 3
December 14, 2020—7 pm
tree will be removed. Commissioner Brookins asked the applicant if they will be applying for
any variances for the builds and the applicant responded he doesn't think so.
The Chair opened the Public Hearing at 7:20pm
Sharon Lindmeier
7156 Harold Ave
How many trees will be removed? How many stories the prosed houses will be? Will the bike
lane proposed for the area still occur? Will the houses be built as and remain single family? The
caller added the previous development didn't make the street better as it added a 3.5 story
home in a neighborhood of ramblers; the aesthetic has been damaged by this build.
The applicant responded that the current plan is to build two 2-story buildings, cut down one
tree and trim a couple others, and the intention is that they will remain single-family homes.
Campbell added that city zoning requirements state these homes may only be developed as
single-family homes even though the district allows multi-family homes. Staff added that as far
as the City is aware, MNDOT is still planning to add the bike lane as it will be in their existing
ROW. This lot/build will not impact that planned trail.
The Chair left the public hearing open while Commissioners discussed the item.
Commissioner Segelbaum stated that after review, the proposal seems to meet the
requirements of a subdivision and doesn't see any reason not to vote to recommend approval.
Chair Blum seconded this statement. Commissioner Brookins stated the same and added that
he hopes a firm line may be held to not allow further variances for the subdivided properties
and to think about the impact on the neighbors. Commissioner Pockl stated that her concerns
were addressed and agrees all the requirements have been met to lead the Commission to
support the application.
Josh Awend
7210 Harold
Stated that he went through this process when building their home and asked if there were
preliminary plans or schedules for this project. He added that he stands in support of the
subdivision and build.
Staff responded that any subdivision goes through a preliminary and final plat process. Staff
worked with the applicant to find design plans that would fit the requirements of the City.
The Chair closed the Public Hearing at 7:32pm
MOTION made by Commissioner Baker, seconded by Commissioner Segelbaum to recommend
approval of minor subdivision at 7342 Harold Ave, per findings provided by staff.
Staff called a roll call vote and the motion carried unanimously.
City of Golden Valley Planning Commission Regular Meeting 4
December 14, 2020—7 pm
5. Informal Public Hearing—Conditional Use Permit for 750 Boone Avenue North
Applicant: GNP Development, on behalf of Blue Pearl Veterinary Clinic
Addresses: 750 Boone Ave N
Jason Zimmerman, Planning Manager, introduced the request for the CUP to operate an animal
hospital at 750 Boone Ave N. This item would be a Conditional Use within the Light Industrial zoning
district. This plan would demo the existing structure and build new. This would be a relocation of the
current Blue Pearl clinic off Olson Memorial Highway.
Zimmerman showed a map of the site, it abuts Bassett Creek, and discussed the existing conditions.
The site location is 1.7 acres, the current building is vacant and was built in 1978. The site is in a
transition area between light industrial, industrial, commercial, and medium density residential uses.
The proposed use is for a 24-hour emergency animal hospital and specialized veterinary care. The
proposed building will be 14,798 square feet (75% medical and 25% office). The plan is to have 10
employees to begin and they expect to grow over time. Use is expected to be primarily during
weekday hours but some evening and weekend emergency visits. The parking required for this site is
50 spaces and the applicant is proposing 73 spaces.
There are findings required to determine approval or denial of this proposal:
1. Demonstrated Need
2. Consistency with Comprehensive Plan
3. Effect on Property Values
4. Effect on Traffic Flow and Congestion
5. Increases in Population and Density
6. Compliance with Mixed-Income Housing Policy
7. Noise
8. Dust, Odor, Vibration
9. Pests
10. Visual and Other Impacts
11. Other Effects upon Health, Safety, and Welfare
Recommendation
Based on the above findings, staff believes the request meets City standards and recommends
approval of Conditional Use Permit 170 with the following condition:
■ No animal shall be allowed outdoors without a leash and no animal shall be left outdoors
unattended.
Commissioner Segelbaum asked why staff listed the additional condition. Zimmerman responded
that staff reviewed conditions for the existing clinic and they had a condition regarding keeping
animals on leashes and the other was about not boarding animals. Staff didn't feel that a condition
regarding boarding was necessary for this CUP because the current zoning doesn't even allow for it.
City of Golden Valley Planning Commission Regular Meeting 5
December 14, 2020—7 pm
The conversations continued in to a potential fenced in area remaining on the turf and not going
into the shoreland area. Staff wouldn't want animals in the fenced in area unattended which may
lead to excessive barking.
Commissioner Baker asked if boarding included the clinic not being able to keep animals while
treating them. Zimmerman clarified that the zoning list clarifies between animal hospital, a
conditional use, and boarding/kenneling facilities. Baker asked what specialties would be added to
increase the business. Zimmerman responded there would be emergency services but there may
also be specialties such as orthopedics that schedule surgery at that facility.
Commissioner Johnson asked if the fence is an assumption or if the fence is in the plan. If it's in the
plan, he would like to have the owner consider the opportunity to display public art. Zimmerman
stated that the fence is not part of the conditional review but will be part of permitting.
Commissioner Pockl asked what supports that a larger facility is needed. Staff responded that the
demand has increased without services available to meet that demand.
The applicant, Josh Pardue, apologized for delay as he had technical difficulties.
The applicant added that he wasn't sure about the exact specialties will be in the clinic as it will
depend on the need of the community.
Baker asked about parking capacity for potential increase in staff if they're already requesting 73
spots for 10 staff members. The applicant responded that the current parking request isn't
reflective of the current need but rather the projected potential need if there are increased
services. Staff and Commissioners continued a conversation on parking for the site.
Commissioner Johnson asked what the max height for a new building in this zoning could be. Staff
responded the max height is four stories is a Light Industrial zoning district. Johnson encouraged
the applicant to consider public art on the property.
The conversation continued on conditions and the regulations on the shoreland overlay.
The Chair opened the Public Hearing at 8:10pm.
No Callers.
The Chair closed the Public Hearing at 8:13pm.
MOTION made by Commissioner Baker, seconded by Commissioner Segelbaum to recommend
approval of CUP 170 to allow for a vet hospital, per staff findings and including the conditions, as
presented.
Staff called a roll call vote and the motion carried unanimously.
Televised portion of the meeting concluded at 8:15pm
City of Golden Valley Planning Commission Regular Meeting
December 14, 2020—7 pm
6. Council Liaison Report
Council Member Rosenquist provided an update on the Municipal Facilities study and highlights from
the most recent City Council meeting. She noted the list of legislative priorities for 2021 and briefly
recapped the City's budget and HRA levy that would be voted on at the City Council meeting on
December 15.
7. Reports on Board of Zoning Appeals and other Meetings
None
8. Other Business
None
9. Adjournment
MOTION by Commissioner Baker to adjourn, seconded by Commissioner Johnson, and approved
unanimously. Meeting adjourned at 8:27 pm.
Adam Brookins, Secretary
Arnie Kolesar, Planning Assistant
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InventoryTree
Identify the Significant(S)and Legacy(L)trees by ID number,species,size,and type(S or L)and show their locations on the survey or inventory map
(see example below).Significant Trees:(6 inches diameter or greater for hardwoods such as oak,maple,walnut,birch,black cherry,honey locust,
basswood,hackberry;12 inches diameter or greater for softwoods such as cottonwood,poplar,aspen,ash,box elder,willow,silver maple,elm;4 inches
diameter or greater for conifers).Legacy Trees:(30 inches diameter or greater for hardwoods and 24 inches diameter or greater for conifers).If the site
has no Significant or Legacy Trees,skip the Tree Inventory and Tree Mitigation sections.
EXAMPLE. ID;# Species Size Type
1 Maple 14" 5
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1.Total number of Significant and Legacy trees on site 1 Mitigation not required:Move on to Minimum Landscape Re-
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2.Multiply by:15%residential development Requirement sections before moving on to Minimum Landscape
20%phase one of two-phase development Requirements section
30%commercial development x '
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3.Number of tree removals allowed before mitigation is line 4
required(round down to the next whole number)
6.Subtract allowable removals from line 3
4.Number of Significant and Legacy tree removals neces-
sary to complete the project
7.Total number of trees needed to mitigate
(use this number to complete Replace- _
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�' continued
Physical Development Department 1 7800 Golden Valley Road,Golden Va€ley,MN 55427-4588 city of
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Tree Inventory
Identify the Significant(5)and Legacy(L)trees by ID number;species,size,and type(S or L)and show their locations on the survey or inventory map
(see example below).Significant Trees:(6 inches diameter or greater for hardwoods such as oak,maple,walnut,birch,black cherry,honey locust,
basswood,hackberry;12 inches diameter or greater for softwoods such as cottonwood,poplar,aspen,ash,box elder,willow,silver maple,elm;4 inches
diameter or greaterfor conifers).Legacy Trees:(30 inches diameteror greater for hardwoods and 24 inches diameter or greater for conifers).ifthe site
has no Significant or Legacy Trees,skip theTree Inventory andTree Mitigation sections.
EXAMPLE: IDS Species Size Type
1 Maple 14° S
ID# Species Size Type ID# Species Size Type ID# Species Size Type
Total number of Significant and Legacy trees on site:
Tree Mitigation (complete this section to determine if -
1.Total number of Significant and Legacy trees on site IMitigation not required:Move on to Minimum Landscape Re-
quirements section.
Mitigation required:Complete Tree Mitigation and Replacement
2.Multiply by:15�,o residential development Requirement sections before moving on to Minimum Landscape
20%phase one of a two-phase development Requirements section
30%commercial development X
5.Number of Significant tree removals from
3.Number of tree removals allowed before mitigation is line 4
required(round down to the next whole number)
6.Subtract allowable removals from line 3
4.Number of Significant and Legacy tree removals neces-
sary to complete the project
7.Total number of trees needed to mitigate
(use this number to complete Replace-
If line 4 is greater than line 3,mitigation is required. ment Requirement section)
-► continued
ID# Species DBH Type
1 Crabapple 18 S
2 Spruce 18 S
3 Spruce 15 S
4 Spruce 17 S
5 Silver Maple 29 S
6 Silver Maple 22, 19, 19 S
7 Cottonwood 46 S
8 Red Oak 28 S
9 Red Oak 22 S
10 Silver Maple 16, 16, 20, 15 S
11 Silver Maple 24, 19 S
12 Silver Maple 22 S
13 Silver Maple 28, 24 S
14 Silver Maple 35 S
15 Sugar Maple 17 S
16 Green Ash 19 S
17 Silver Maple 38 S
18 Silver Maple 45 S
19 Silver Maple 12 S
20 Silver Maple 40, 26 S
21 Silver Maple 21, 13 S
22 Silver Maple 17 S
23 Silver Maple 12 S
24 Silver Maple 13 S
25 Ponderosa Pine 13 S
26 Ponderosa Pine 9 S
27 Ponderosa Pine 12 S
28 White Oak 12 S
29 White Oak 13 S
30 Green Ash 16 S
31 Cherry 12 S
32 Silver Maple 16 S
33 Spruce 14 S
34 Spruce 15 S
35 Apple 13 S
36 Cherry 17 S
37 Cherry 24 S
EXECUTIVE SUMMARY
Physical Development
763-593-8030 / 763-593-8109 (fax)
Golden Valley City Council Meeting
January 5, 2021
Agenda Item
4. B. Public Hearing—Approval of Conditional Use Permit 170—750 Boone Avenue North, Ordinance
No. 702
Prepared By
Jason Zimmerman, Planning Manager
Summary
Joshua Pardue, representing GNP Development Partners, LLC, is requesting a Conditional Use Permit
(CUP) in order to allow for the operation of a specialty veterinary hospital at 750 Boone Avenue North.
Animal hospitals require a conditional use when located in the Light Industrial zoning district. The
proposed hospital would be a relocation of the small Blue Pearl office currently located at 4708 Olson
Memorial Highway.
This request was considered at the Planning Commission meeting on December 14, 2020. The Commission
voted unanimously (6-0), recommending approval of the CUP.
Zoning Analysis
The proposed Blue Pearl would offer emergency pet care 24 hours a day, seven days a week, as well as
specialized care not available through primary veterinarians. The new building would be centrally
located on the site. At 14,798 square feet, the internal uses would be allocated to 75%veterinary
medical and 25%veterinary office. A floor plan is still being finalized.
Initial staffing levels would be 10 employees (the same as at the current location) but would grow over
time. In the short term, patient visits would be limited to emergency appointments. This arrangement
is similar to what is happening at the current location on Olson Memorial Highway. Additional visits
would be expected as specialties are added at the new facility over the first and second years. Regular
visits to the site would be on weekdays, with sporadic emergency visits on weekday evenings and
weekends.
Parking
With 73 proposed parking spaces, the minimum number of parking spaces required for a veterinary
hospital of this size would be provided. Three bicycle parking spaces would also be required.
Floodplain and Shoreland Management
City Council Regular Meeting Executive Summary 2
City of Golden Valley
January 5, 2021
The property at 750 Boone Ave N is constrained on two ends by floodplain and a shoreland overlay
district. The proposed site plan adequately anticipates locating the new structure outside of either
area, and appropriately maintains a vegetated area adjacent to Bassett Creek. Surface parking is an
acceptable use within a floodplain; however, specific design requirements would be applied and
approved during the permitting phase of the project.
Evaluation
The findings and recommendations for a Conditional Use Permit are based upon any or all of the
following factors (which need not be weighed equally). Any conditions imposed by the permit should
respond to and attempt to mitigate impacts generated by the proposed use.
Factor Finding
1. Demonstrated Need for Proposed Use Standard met. A veterinary hospital is already
present in Golden Valley and demand is great
enough that relocating and constructing a
larger facility is warranted.
2. Consistency with the Comprehensive Plan Standard met. The proposed use is consistent
with the Light Industrial designation in the
Comprehensive Plan, which allows for animal
hospitals with a conditional use permit.
3. Effect upon Property Values Standard met. The proposed use is not
anticipated to affect property values in a
substantial way. If anything, the demolition of
an aging office building and replacement with
a new structure could help values in the area.
4. Effect on Traffic Flow and Congestion Standard met. Traffic flows are expected to be
typical for a light industrial property, with
visitors making regular trips during the day on
weekdays. Some evening and weekend
emergency trips will occur, but these will be
fewer in number and are not anticipated to be
disruptive.
5. Effect of Increases in Population and Standard met. The veterinary hospital will
Density provide 10 jobs initially, with more to be added
in the future. The nature of a Light Industrial
zoning district is such that this level of
employment is expected and manageable.
Impacts to surrounding properties are not
anticipated.
6. Compliance with the City's Mixed-Income Not applicable.
Housing Policy
City Council Regular Meeting Executive Summary 3
City of Golden Valley
January 5, 2021
Factor Finding
7. Increase in Noise Levels Standard conditionally met. The proposed use
is not anticipated to generate excessive noise.
Patients (dogs) will occasionally be taken
outside while leashed but must not be left
unattended.
8. Generation of Odors, Dust, Smoke, Gas, or Standard met. The proposed use is not
Vibration anticipated to generate excessive odors, dust,
smoke, gas, or vibrations.
9. Any Increase in Pests or Vermin Standard met. The proposed use is not
anticipated to attract pests.
10. Visual Appearance Standard met. A new veterinary hospital
building will replace the aging office building
and must meet the City's Architectural and
Material standards. Parking lot improvements
will also need to incorporate minimum City
standards.
11. Other Effects upon the General Public Standard met. The proposed use is not
Health, Safety, and Welfare anticipated to have any other impacts on the
surrounding area.
Based on the findings above, staff recommends approval of Conditional Use Permit 170, allowing for
an Animal Hospital in a Light Industrial zoning district at 750 Boone Avenue North. Consistent with
State statute, a certified copy of the CUP must be recorded with Hennepin County. The approval of this
permit is subject to the following conditions:
1. No animal shall be allowed outdoors without a leash and no animal shall be left outdoors
unattended.
Financial Or Budget Considerations
None
Recommended Action
Motion to adopt Ordinance #702, Approval of Conditional Use Permit 170 allowing for an animal
hospital at 750 Boone Avenue North.
Supporting Documents
• Memo to Planning Commission dated December 14, 2020 (6 pages)
• Planning Commission Minutes dated December 14, 2020 (6 pages)
• Applicant Narrative (2 pages)
• Site Plan (3 pages)
• Ordinance #702, Approval of Conditional Use Permit 170 (2 pages)
City 0�
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MEMORANDUM
valley Planning Department
763 593 8095 1763 593 8109(fax)
Date: December 14, 2020
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Subject: Informal Public Hearing— Conditional Use Permit (CUP-170) to Allow for a
Veterinary Hospital in a Light Industrial Zoning District
Property address: 750 Boone Avenue North Property owner: PAB Boone, LLC
Applicant: GNP Development Partners, LLC Lot size: 1.71 acres
Zoning District: Light Industrial Future land use: Light Industrial
Current use: Vacant office building Proposed use: Veterinary hospital
Adjacent uses: Adult day care (north); Office/warehouse (west); Telecom (south); Bassett Creek
and multifamily residential (east)
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1
Summary
Joshua Pardue, representing GNP Development Partners, LLC, is requesting a Conditional Use
Permit (CUP) in order to allow for the operation of a specialty veterinary hospital at 750 Boone
Avenue North. Animal hospitals require a conditional use when located in the Light Industrial
zoning district. The proposed hospital would be a relocation of the small Blue Pearl office
currently located at 4708 Olson Memorial Highway.
Existing Conditions
750 Boone Ave N fronts onto Boone Ave, to the west, and backs up to Bassett Creek, to the east.
The existing structure on-site is a two-story office building constructed in 1978. It sits centrally
located on the property with parking to the west and east and a large landscaped front yard
along Boone Ave. A significant amount of the western portion of the lot is located within the
floodplain. This area may experience inundation when flooding spills over from the localized low
point of the storm water pond at 710 Boone Ave N. In the other direction, along Bassett Creek to
the east, there is floodplain and a shoreland overlay which protects an area inland from the
ordinary high water line.
The property is on the eastern edge of a light industrial area to the west of the downtown, with
more commercial uses to the south (Culver's, Lat 14 Asian Eatery, TruStone Credit Union, Boone
Ave Convenience Center) and other office/warehouse uses to the west and north. The Legacy
Adult Daycare operations are conducted in the building on the adjacent property to the north.
The Mallard Creek apartments are located to the east, on the far side of Bassett Creek.
If the CUP is approved, the existing office building would be demolished and a new facility would
be constructed.
Proposed Use
The proposed Blue Pearl would offer emergency pet care 24 hours a day, seven days a week, as
well as specialized care not available through primary veterinarians.
The new building would be centrally located on the site. At 14,798 square feet, the internal uses
would be allocated to 75%veterinary medical and 25%veterinary office. A floor plan is still being
finalized, but a representative floor plan from the Blue Pearl clinic in Arden Hills is attached as an
example of what would be constructed.
The primary parking area for visitors would be located to the west of the building, closest to
Boone Ave. Additional parking would be provided to the south and to the rear of the building.
Initial staffing levels would be 10 employees (the same as at the current location) but would grow
over time.
In the short term, patient visits would be limited to emergency appointments. This arrangement
is similar to what is happening at the current location on Olson Memorial Highway. Additional
visits would be expected as specialties are added at the new facility over the first and second
2
years. Regular visits to the site would be on weekdays, with sporadic emergency visits on
weekday evenings and weekends.
Timeframe Time of Day Average visits
Now Weekdays—8 am to 6 pm 5 on average 5
Weekdays—6 pm to 12 am 2 on average 2
Weekdays— 12 am to 8 am 0-2 total 0-2
7-9 per day
Year 1 Weekdays—8 am to 6 pm 3-5 per hour 30-50
Weekdays—6 pm to 12 am 2-3 per hour 12-18
Weekdays— 12 am to 8 am 2-4 total 2-4
44-72 per day
Year 2 Weekdays—8 am to 6 pm 6-10 per hour 60-100
Weekdays—6 pm to 12 am 4-6 per hour 24-36
Weekdays— 12 am to 8 am 4-8 total 4-8
88-144 per day
Animals that needed to be taken outside would utilize the unpaved open space in the northeast
corner of the lot. They would be accompanied by employees and would be leashed. No animals
would be left outside unattended.
Zoning Analysis
Parking
With 73 proposed parking spaces, the minimum number of parking spaces required for a veterinary
hospital of this size would be provided. Three bicycle parking spaces would also be required.
spacesRequirement calculation Parking
Animal hospital _ 1 per 300 sf gross floor area 14,798 sf building 50 required
Proposed 73 shown
Difference +23
Floodplain and Shoreland Management
The property at 750 Boone Ave N is constrained on two ends by floodplain and a shoreland
overlay district. The proposed site plan adequately anticipates locating the new structure outside
of either area, and appropriately maintains a vegetated area adjacent to Bassett Creek. Surface
parking is an acceptable use within a floodplain; however, specific design requirements would be
applied and approved during the permitting phase of the project.
3
Neighborhood Notification
Additional notification to neighbors was not required. Property owners within 500 feet of this
location were notified of the Planning Commission hearing by mail. To date, staff has not been
contacted with any questions or concerns.
Evaluation
The findings and recommendations for a CUP are based upon any or all of the following factors
(which need not be weighed equally):
Factor Finding
1. Demonstrated Need for Proposed Use Standard met. A veterinary hospital is already
present in Golden Valley and demand is great
enough that relocating and constructing a
larger facility is warranted.
2. Consistency with the Comprehensive Plan Standard met. The proposed use is consistent
with the Light Industrial designation in the
Comprehensive Plan, which allows for animal
hospitals with a conditional use permit.
3. Effect upon Property Values Standard met. The proposed use is not
anticipated to affect property values in a
substantial way. If anything, the demolition of
an aging office building and replacement with
a new structure could help values in the area.
4. Effect on Traffic Flow and Congestion Standard met. Traffic flows are expected to be
typical for a light industrial property, with
visitors making regular trips during the day on
weekdays. Some evening and weekend
emergency trips will occur, but these will be
fewer in number and are not anticipated to be
disruptive.
5. Effect of Increases in Population and Standard met. The veterinary hospital will
Density provide 10 jobs initially, with more to be
added in the future. The nature of a Light
Industrial zoning district is such that this level
of employment is expected and manageable.
Impacts to surrounding properties are not
anticipated.
6. Compliance with the City's Mixed-Income Not applicable.
Housing Policy
4
Factor Finding
7. Increase in Noise Levels Standard conditionally met. The proposed use
is not anticipated to generate excessive noise.
Patients (dogs) will occasionally be taken
outside while leashed but must not be left
unattended.
8. Generation of Odors, Dust, Smoke, Gas, or Standard met. The proposed use is not
Vibration anticipated to generate excessive odors, dust,
smoke, gas, or vibrations.
9. Any Increase in Pests or Vermin Standard met. The proposed use is not
anticipated to attract pests.
10. Visual Appearance Standard met. A new veterinary hospital
building will replace the aging office building
and must meet the City's Architectural and
Material standards. Parking lot improvements
will also need to incorporate minimum City
standards.
11. Other Effects upon the General Public Standard met. The proposed use is not
Health, Safety, and Welfare anticipated to have any other impacts on the
surrounding area.
The Engineering Division has reviewed the application and has no additional concerns. As
mentioned above, accommodations for the flood plain and shoreland areas will be reviewed and
approved at the time of issuance of the stormwater permit. The property is currently non-
compliant with the City's Inflow and Infiltration requirements, but a deposit has been made to
ensure that the sanitary sewer will be compliant upon completion of the project. Engineering
staff supports approval of the CUP. The Fire Department has reviewed the application and has no
additional concerns. Fire staff supports the approval of the CUP.
Recommended Action
Based on the findings above, staff recommends approval of Conditional Use Permit 170 allowing
for an Animal Hospital in a Light Industrial zoning district at 750 Boone Avenue North.
Consistent with State statute, a certified copy of the CUP must be recorded with Hennepin
County. The approval of a Conditional Use Permit is subject to the following conditions:
1. No animal shall be allowed outdoors without a leash and no animal shall be left outdoors
unattended.
5
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Planning Commission -xvalley
December 14, 2020—7 pm
REGULAR MEETING MINUTES
This meeting was held via Webex in accordance with the local emergency declaration made by
the City under Minn. Stat. § 12.37. In accordance with that declaration, beginning on March 16,
2020, all Planning Commission meetings held during the emergency were conducted
electronically. The City used Webex to conduct this meeting and members of the public were
able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it on
CCXmedia.org, or by dialing in to the public call-in line.
1. Call to Order
The meeting was called to order at 7:00 by Chair Blum.
Roll Call
Commissioners present: Rich Baker, Ron Blum, Adam Brookins, Andy Johnson, Noah Orloff, Lauren
Pockl, Chuck Segelbaum
Commissioners absent: Ryan Sadeghi
Staff present: Jason Zimmerman— Planning Manager, Myles Campbell — Planner
Council Liaison present: Gillian Rosenquist
2. Approval of Agenda
Chair Blum asked for a motion to approve the agenda.
MOTION made by Commissioner Pockl, seconded by Commissioner Johnson, to approve the agenda
of December 14, 2020. Staff called a roll call vote and the motion carried unanimously.
3. Approval of Minutes
Chair Blum asked for a motion to approve the minutes from November 23, 2020.
MOTION made by Commissioner Johnson, seconded by Commissioner Pockl to approve minutes.
Staff called a roll call vote and the motion carried unanimously.
4. Informal Public Hearing— Informal Public Hearing on Preliminary Plan for Minor Subdivision
Applicant: CityLine Homes Inc.
Addresses: 7324 Harold Ave S
Myles Campbell, Planner, started by stating the proposal to subdivide an existing lot to create two
new lots. The existing home would be demolished as it straddles the proposed internal lot line.
The new lots would remain zoned as they are currently, Moderate Density Residential (R-2).
Campbell displayed maps of the lot and its location in the city. The existing home was built in 1955,
is zoned (R-2) and that zoning is guided similarly in the 2040 Comp Plan.
This document is available in alternate formats upon a 72-hour request. Please call
763-593-8006 (TTY: 763-593-3968)to make a request. Examples of alternate formats
may include large print, electronic, Braille,audiocassette, etc.
City of Golden Valley Planning Commission Regular Meeting 2
December 14, 2020—7 pm
Campbell listed the minimum lot requirements for R-2:
o Single Family Dwelling
■ Minimum lot area of 6,000 square feet
■ Minimum width of 50 feet at the front setback line
o Two Family Dwelling
■ Minimum lot area of 10,000 square feet
■ Minimum width of 100 feet at the front setback line
The lot proposed for subdivision meets the requirements for development as single-family
homes, not duplexes.
To be considered a Minor Subdivision, there are three requirements to be met.
In addition to these items, staff listed four more requirements from engineering, a tree survey,
and park dedication fee.
There are nine standards for approval or denial. If it meets these standards, the proposal must
be approved:
1. Meets area, dimensional, and access requirements
2. Not encumbered by steep slopes or excessive wetness
3. Public sewer and water connections are accessible
4. Easements are granted for necessary public purposes
5. Conditioned on any outside public agency requirements (agency required for contact is
MDOT-no comment has been received by the time of this meeting)
6. Title review by the City Attorney (included in every subdivision)
7. No undue strain on roads, utilities, or adjacent uses (nonresidential parcels)
8. Payment of any fees, charges, or assessments (park dedication fee)
9. These conditions are the only basis for denial. Approval will be granted to any
application that meets them.
Recommendation
The proposed subdivision meets all of the requirements outlined in the City Code, staff
recommends approval of the Minor Subdivision subject to the following conditions:
• The City Attorney will determine if a title review is necessary prior to approval of the
Final Plat.
• A park dedication fee of$3,030 shall be paid before release of the Final Plat.
Staff answered Commissioner questions on the setback and height requirements for R-2.
The Chair welcomed the applicant to present any information. The applicant mentioned his
attention to setbacks and elevation and spent time discussing options with staff.
Commissioner Pockl mentioned the large number of trees on the lot and asked what the
impact would be with building. The applicant responded that based on their plans, only one
City of Golden Valley Planning Commission Regular Meeting
December 14, 2020—7 pm
tree will be removed. Commissioner Brookins asked the applicant if they will be applying for
any variances for the builds and the applicant responded he doesn't think so.
The Chair opened the Public Hearing at 7:20pm
Sharon Lindmeier
7156 Harold Ave
How many trees will be removed? How many stories the prosed houses will be? Will the bike
lane proposed for the area still occur? Will the houses be built as and remain single family?The
caller added the previous development didn't make the street better as it added a 3.5 story
home in a neighborhood of ramblers; the aesthetic has been damaged by this build.
The applicant responded that the current plan is to build two 2-story buildings, cut down one
tree and trim a couple others, and the intention is that they will remain single-family homes.
Campbell added that city zoning requirements state these homes may only be developed as
single-family homes even though the district allows multi-family homes. Staff added that as far
as the City is aware, MNDOT is still planning to add the bike lane as it will be in their existing
ROW.This lot/build will not impact that planned trail.
The Chair left the public hearing open while Commissioners discussed the item.
Commissioner Segelbaum stated that after review, the proposal seems to meet the
requirements of a subdivision and doesn't see any reason not to vote to recommend approval.
Chair Blum seconded this statement. Commissioner Brookins stated the same and added that
he hopes a firm line may be held to not allow further variances for the subdivided properties
and to think about the impact on the neighbors. Commissioner Pockl stated that her concerns
were addressed and agrees all the requirements have been met to lead the Commission to
support the application.
Josh Awend
7210 Harold
Stated that he went through this process when building their home and asked if there were
preliminary plans or schedules for this project. He added that he stands in support of the
subdivision and build.
Staff responded that any subdivision goes through a preliminary and final plat process. Staff
worked with the applicant to find design plans that would fit the requirements of the City.
The Chair closed the Public Hearing at 7:32pm
MOTION made by Commissioner Baker, seconded by Commissioner Segelbaum to recommend
approval of minor subdivision at 7342 Harold Ave, per findings provided by staff.
Staff called a roll call vote and the motion carried unanimously.
City of Golden Valley Planning Commission Regular Meeting 4
December 14, 2020—7 pm
5. Informal Public Hearing—Conditional Use Permit for 750 Boone Avenue North
Applicant: GNP Development, on behalf of Blue Pearl Veterinary Clinic
Addresses: 750 Boone Ave N
Jason Zimmerman, Planning Manager, introduced the request for the CUP to operate an animal
hospital at 750 Boone Ave N.This item would be a Conditional Use within the Light Industrial zoning
district. This plan would demo the existing structure and build new. This would be a relocation of the
current Blue Pearl clinic off Olson Memorial Highway.
Zimmerman showed a map of the site, it abuts Bassett Creek, and discussed the existing conditions.
The site location is 1.7 acres, the current building is vacant and was built in 1978. The site is in a
transition area between light industrial, industrial, commercial, and medium density residential uses.
The proposed use is for a 24-hour emergency animal hospital and specialized veterinary care.The
proposed building will be 14,798 square feet (75% medical and 25% office). The plan is to have 10
employees to begin and they expect to grow over time. Use is expected to be primarily during
weekday hours but some evening and weekend emergency visits. The parking required for this site is
50 spaces and the applicant is proposing 73 spaces.
There are findings required to determine approval or denial of this proposal:
1. Demonstrated Need
2. Consistency with Comprehensive Plan
3. Effect on Property Values
4. Effect on Traffic Flow and Congestion
5. Increases in Population and Density
6. Compliance with Mixed-Income Housing Policy
7. Noise
8. Dust, Odor, Vibration
9. Pests
10. Visual and Other Impacts
11. Other Effects upon Health, Safety, and Welfare
Recommendation
Based on the above findings, staff believes the request meets City standards and recommends
approval of Conditional Use Permit 170 with the following condition:
■ No animal shall be allowed outdoors without a leash and no animal shall be left outdoors
unattended.
Commissioner Segelbaum asked why staff listed the additional condition. Zimmerman responded
that staff reviewed conditions for the existing clinic and they had a condition regarding keeping
animals on leashes and the other was about not boarding animals. Staff didn't feel that a condition
regarding boarding was necessary for this CUP because the current zoning doesn't even allow for it.
City of Golden Valley Planning Commission Regular Meeting
December 14, 2020—7 pm
The conversations continued in to a potential fenced in area remaining on the turf and not going
into the shoreland area. Staff wouldn't want animals in the fenced in area unattended which may
lead to excessive barking.
Commissioner Baker asked if boarding included the clinic not being able to keep animals while
treating them. Zimmerman clarified that the zoning list clarifies between animal hospital, a
conditional use, and boarding/kenneling facilities. Baker asked what specialties would be added to
increase the business. Zimmerman responded there would be emergency services but there may
also be specialties such as orthopedics that schedule surgery at that facility.
Commissioner Johnson asked if the fence is an assumption or if the fence is in the plan. If it's in the
plan, he would like to have the owner consider the opportunity to display public art. Zimmerman
stated that the fence is not part of the conditional review but will be part of permitting.
Commissioner Pockl asked what supports that a larger facility is needed. Staff responded that the
demand has increased without services available to meet that demand.
The applicant, Josh Pardue, apologized for delay as he had technical difficulties.
The applicant added that he wasn't sure about the exact specialties will be in the clinic as it will
depend on the need of the community.
Baker asked about parking capacity for potential increase in staff if they're already requesting 73
spots for 10 staff members. The applicant responded that the current parking request isn't
reflective of the current need but rather the projected potential need if there are increased
services. Staff and Commissioners continued a conversation on parking for the site.
Commissioner Johnson asked what the max height for a new building in this zoning could be. Staff
responded the max height is four stories is a Light Industrial zoning district. Johnson encouraged
the applicant to consider public art on the property.
The conversation continued on conditions and the regulations on the shoreland overlay.
The Chair opened the Public Hearing at 8:10pm.
No Callers.
The Chair closed the Public Hearing at 8:13pm.
MOTION made by Commissioner Baker, seconded by Commissioner Segelbaum to recommend
approval of CUP 170 to allow for a vet hospital, per staff findings and including the conditions, as
presented.
Staff called a roll call vote and the motion carried unanimously.
Televised portion of the meeting concluded at 8:15pm
City of Golden Valley Planning Commission Regular Meeting
December 14, 2020—7 pm
6. Council Liaison Report
Council Member Rosenquist provided an update on the Municipal Facilities study and highlights from
the most recent City Council meeting. She noted the list of legislative priorities for 2021 and briefly
recapped the City's budget and HRA levy that would be voted on at the City Council meeting on
December 15.
7. Reports on Board of Zoning Appeals and other Meetings
None
8. Other Business
None
9. Adjournment
MOTION by Commissioner Baker to adjourn, seconded by Commissioner Johnson, and approved
unanimously. Meeting adjourned at 8:27 pm.
Adam Brookins, Secretary
Ami lesa , P anning Assistant
GNP
DEVELOPMENT
November 12, 2020
City of Golden Valley
Planning Division
7800 Golden Valley Road
Golden Valley, MN
55427
RE: Conditional Use Permit for a specialty veterinary hospital at 750 Boone Avenue, Golden
Valley, MN.
Dear Planning Commission,
We seek your support in being granted a Conditional Use Permit for a specialty
veterinary hospital, Blue Pearl. As required, please find a narrative of how our proposed plan
meets section 113-30:
(1) Demonstrated need for the proposed use.
There are no other emergency care animals hospitals with 24/7 service in the
immediate area. There are other BluePearl locations in the greater Twin Cities
including a small facility at 4708 Olson Memorial in Golden Valley. The hospital
in question would be a relocation. The proposed location at 750 Boone Avenue
will allow Blue Pearl to continue to provide services to their Golden Valley
patients, as well as the residents of Minnetonka, St. Louis Park and Plymouth,
and to provide emergency pet care 24/7 for pet emergencies and special pet
care that is not available through their primary veterinarians.
(2) Consistency with the Comprehensive Plan of the City.
The current zoning is Light Industrial which allows Animals Hospitals.
(3) Effect upon property values in the neighboring area.
It will either not impact the property values, or affluent customers in the area will
see an increase in the commercial property value.
(4) Effect of any anticipated traffic generation upon the current traffic flow and
congestion in the area.
No effect on traffic patterns.
(5) Effect of any increases in population and density upon surrounding land uses.
No effect on population density.
(6) Compliance with the City's Mixed-Income Housing Policy (if applicable to the
proposed use).
Not applicable.
(7) Increase in noise levels to be caused by the proposed use.
The Blue Pearl hospital setting is quiet, and Blue Pearl has been a good neighbor both
in residential and commercial settings. Noise, especially barking, is never an issue as
they do not allow unattended dogs outside at any time. Dogs are walked only to relieve
themselves in dedicated fenced areas. Any waste is promptly picked up. In many
situations, the 24/7 presence also helps provide a deterrent to criminal activity
benefitting nearby businesses and housing.
(8) Any odors, dust, smoke, gas, or vibration to be caused by the proposed use.
None of the above will be caused by the proposed use.
(9) Any increase in pests, including flies, rats, or other animals or vermin in the area to
be caused by the proposed use.
No increase in pests will be caused by the proposed use.
(10) Visual appearance of any proposed structure or use.
New construction, single story professional office building exterior.
(11) Any other effect upon the public health, safety, and welfare of the City and
its residents.
None.
The proposed use in an Animal Hospital will be 14,798 square feet, and of this 75% will
be allocated to medical and 25% to offices. The current number of staff at 4708 Olson Memorial
is around 10 and the proposed hospital will start with the same staff level and grow from there.
BluePearl provides 24/7 emergency pet care. Emergency traffic is sporadic, but heaviest on
weekday evening and weekend days, and it is controlled through appointment setting. After
hours emergencies are not scheduled but staffing and client traffic is overall decreased during
those times (6pm- 8am and on weekends).
With ninety hospitals around the country, Blue Pearl prides itself on having dedicated
professionals, immaculate facilities, including exterior areas, clean and in top condition, and at
all times. Below is a video that can be found on the Blue Pearl website under"About Us", that
helps to demonstrate who they are and the core values of their practice:
https://www.youtube.com/watch?v=XxAABKEkzho
We look forward to working with the Planning Division of Golden Valley.
Many thanks for your time and consideration,
Sincerely,
Joshua Pardue
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ORDINANCE NO. 702
AN ORDINANCE AMENDING THE CITY CODE
Approval of Conditional Use Permit Number 170
750 Boone Ave N
GNP Development Partners, LLC, Applicant
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 113 entitled "Zoning" is amended in Section 113-55, Subd. b,
and Section 113-96, by approving a Conditional Use Permit for certain tracts of land located at 750
Boone Avenue North, thereby allowing for an Animal Hospital in the Light Industrial Zoning District.
This Conditional Use Permit is approved based on the application materials and plans submitted by
the applicant, staff memos, public comments and information presented to the Planning
Commission and City Council, and findings recommended by the Planning Commission. This
Conditional Use Permit is approved pursuant to City Code Section 113-30, Subd. g, and adopted by
the City Council on January 5, 2021.
This Conditional Use Permit is subject to all of the terms of the permit to be issued including,
but not limited to, the following specific conditions:
1. No animal shall be allowed outdoors without a leash and no animal shall be left outdoors
unattended.
Section 2. The tracts of land affected by this ordinance are legally described as follows:
That part of Lot 11, Busch's Golden Valley Acres, according to the plat thereof on file and of record
in the Office of the County Recorder, Hennepin County, Minnesota, which lies Southerly of a line
parallel with and 635.15 feet South of the North line of Lot 9 and Northerly of a line parallel with and
905.02 feet South of the North line of Lot 9, Hennepin County, Minnesota except that part thereof
described as follows:
That part of Lot 11, Busch's Golden Valley Acres, according to the plat thereof on file and of record
in the Office of the County Recorder, Hennepin County, Minnesota which lies Northerly of a line
parallel with and 905.02 feet South of the North line of Lot 9, Busch's Golden Valley Acres, and
which lies Southerly of a line parallel with and 799.02 feet South of the North line of Lot 9, Busch's
Golden Valley Acres.
Section 3. City Code Chapter 1 entitled "General Provisions" and Sec. 1-8 entitled "General
Penalty; Continuing Violations" are hereby adopted in their entirety, by reference, as though
repeated verbatim herein.
Section 4. This ordinance shall take effect from and after its passage and publication as
required by law.
Adopted by the City Council this 51" day of January, 2021.
Shepard M. Harris, Mayor
ATTEST:
Theresa J. Schyma, City Clerk
EXECUTIVE SUMMARY
City Administration
763-593-8006 / 763-593-8109 (fax)
Golden Valley City Council Meeting
January 5, 2021
Agenda Item
6. A. Second Consideration of Ordinance No. 701 Amending Chapter 16, Article VIII —Therapeutic
Massage Licensing, Permitting, and Regulation
Prepared By
Theresa Schyma, City Clerk
Summary
While processing annual license renewals for massage establishments, staff noticed some gray area in
the Code relating to acupuncture. Licensed acupuncturists do not need a City massage license;
however, it is best to clarify this in the Code by explicitly adding acupuncture to the list of exceptions.
This clarification in Code will help remove the gray area and questions concerning licensed
acupuncturists operating in Golden Valley. After speaking with several acupuncturists, they were
supportive of an ordinance amendment to differentiate acupuncture from therapeutic massage.
Minn. Stat. 147B.01, Subd. 3 defines "acupuncture practice". Acupuncturists are licensed by the State
of Minnesota Board of Medical Practice. Acupuncturists can include other methods of treatment
during an appointment including the use of certain massage techniques. However, this type of
supplementary massage treatment is different than therapeutic massage which is licensed by the City.
At the City Council Meeting on December 15, 2020, the Council consensus was to change language in
the proposed amendment from "oriental medical procedure" to "acupuncture practice". That change
has been made in the attached proposed ordinance.
Financial Or Budget Considerations
None
Recommended Action
Motion to adopt second consideration of Ordinance No. 701 Amending Chapter 16, Article VIII —
Therapeutic Massage Licensing, Permitting, and Regulation
Supporting Documents
• Proposed redline of City Code Chapter 16, Article VIII, Section 16-234 (2 pages)
• Ordinance No. 701 Amending Chapter 16, Article VIII —Therapeutic Massage Licensing, Permitting,
and Regulation (1 page)
City Code Chapter 16, Article Vill, Section 16-234
Sec. 16-234. - Exceptions.
A therapeutic massage enterprise license or massage therapist permit is not required for the
following persons and places:
(1) Places licensed and operating as a hospital, nursing home, hospice, sanitarium, group home,
or other health care office, clinic, or facility established for the hospitalization or care of human
beings provided the massage is administered only to the residents or patients of the facility as
part of their care and not provided as a part of a separate service.
(2) Persons performing massage services at places licensed and operating as a hospital, nursing
home, hospice, sanitarium, group home, or other health care office, clinic, or facility established
for the hospitalization or care of human beings provided the massage is administered only to
the residents or patients of the facility as part of their care and not provided as a part of a
separate service.
(3) Persons duly licensed as a doctor by this state to practice medicine, surgery, osteopathy,
chiropractic, physical therapy or podiatry, provided the massage is administered in the regular
course of the medical business as it prepares the patient for a medical procedure or
complements a medical procedure previously performed on the patient and not provided as part
of a separate and distinct massage business. Any duly licensed doctor that offers any form of
massage without a direct link to a medical procedure must obtain a massage license.
(4) Persons working under the direction and control of a doctor duly licensed by the State of
Minnesota to practice medicine, surgery, osteopathy, chiropractic, physical therapy, podiatry, or
dentistry, provided the massage is administered on the premises of the medical business.
(5) Persons duly licensed by this state as acupuncturists under Minn. Stats Ch. 147B, as those
chapters may be amended from time to time, provided the massage is administered in the
regular course of the acupuncture practice or complements an acupuncture practice previously
performed on the patient, and not provided as part of a separate and distinct massage
business. Any duly licensed acupuncturist that offers any form of massage without a direct link
to an acupuncture practice must obtain a massage license.
(56) Places licensed by the State of Minnesota as a "Salon" pursuant to Minn. Stats. § 155A.29, as
that section may be amended from time to time provided such places do not hold themselves
out as massage parlors and the massage is administered only as part of the services of the
licensed salon and not as a part of a separate service.
(67) Persons duly licensed by this state as estheticians, cosmetologists, nail technicians or
barbers under Minn. Stats ch. 154 and 155A, as those chapters may be amended from time to
time, provided such persons do not hold themselves out as giving massage treatments and
provided the massage by estheticians, cosmetologists and barbers is limited to the head and
neck, and the massage by nail technicians is limited to the hand to elbow and foot to knee.
(;�8) Students of an accredited institution who are performing massage services in the course of a
clinical component of an accredited program of study, provided that the students are performing
the massage services at the location of the accredited institution, or are performing massage
services at a licensed therapeutic massage enterprise only on owners or staff of the licensed
therapeutic massage enterprises, and not on members of the public.
(99) Places that are bona fide health/sports establishments and meet the following criteria:
a. The primary purpose of the establishment is health and fitness;
b. No more than 10% of the establishment revenue is derived from massage;
c. The financial records of the establishment are available to the City for inspection upon
request;
d. The establishment has ongoing membership which list is available to the City for inspection
upon request.
(910) Persons performing massage services at a bona fide health/sports establishment meeting
the criteria set forth in paragraph (8) above.
(101) Athletic trainers certified by the National Association of Athletic Trainers (NAAT) when
working with amateur, semiprofessional or professional athletes or athletic teams.
(142) Persons providing "chair massage" are not required to obtain a therapeutic massage
enterprise license or a massage therapist permit if the following requirements are met:
a. The massage is provided in a place of business where the massage can easily be seen by
any employee or visitor on the premises;
b. The location does not hold a license to sell alcoholic beverages;
c. Each recipient of a massage remains in an upright position, either sitting or standing; and
d. Each recipient of a massage remains in the normal, daytime attire work when entering the
business and does not remove any clothing except outerwear, such as a coat or jacket.
(12-3) Persons who are granted a Temporary Massage Therapist Permit pursuant to section 16-
235 herein.
ORDINANCE NO. 701
AN ORDINANCE AMENDING THE CITY CODE
AMENDING CHAPTER 16, ARTICLE VIII —THERAPEUTIC MASSAGE LICENSING,
PERMITTING, AND REGULATION
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 16, Article VIII, Section 16-234, is amended to add a new
exception (5) and all subsequent exceptions in Section 16-234 shall be renumbered
accordingly. The new exception (5) will read as follows:
(5) Persons duly licensed by this state as acupuncturists under Minn. Stats Ch. 147B, as
those chapters may be amended from time to time, provided the massage is
administered in the regular course of the acupuncture practice or complements an
acupuncture practice previously performed on the patient, and not provided as part of a
separate and distinct massage business. Any duly licensed acupuncturist that offers
any form of massage without a direct link to an acupuncture practice must obtain a
massage license.
Section 2. This ordinance shall take effect from and after its passage and publication as
required by law.
Adopted by the City Council this 51" day of January, 2021.
Shepard M. Harris, Mayor
ATTEST:
Theresa J. Schyma, City Clerk
EXECUTIVE SUMMARY
City Administration
763-593-8006 / 763-593-8109 (fax)
Golden Valley City Council Meeting
January 5, 2021
Agenda Item
6. B. COVID-19 Pandemic Emergency Administrative Actions
Prepared By
Tim Cruikshank, City Manager
Maria Cisneros, City Attorney
Summary
The City Manager and City Attorney recommend that the City Council ratify the attached Emergency
Administrative Actions approved by the City Manager since December 15, 2020 in response to the
COVID-19 pandemic. The new actions include:
• Emergency Administrative Action 20-72 Temporarily Suspending FOG Ordinance Enforcement
for existing food service facilities.
Financial or Budget Considerations
Not Applicable
Recommended Action
Motion to ratify Emergency Administrative Action 20-72
Supporting Documents
• Emergency Administrative Action 20-72 (1 page)
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7BDD Golden Vall p Road
Golden Malley,MN SS+ e7
EMER-GENCY ADMINISTRATIVE ACTION 20-72
TEMPORARILY SUSPENDING FOG ORDINANCE ENFORCEMENT
Pursuant to Mayoral Proclamation and Council Resolution effective March 17, 2020, the City of
Golden Valle} will temporarily suspend enforcement of its Discharge of Fats, Oils, and Grease
�FOG] ordinance (City Code § 28-51) against existing food service facilities. Notwithstanding the
foregoing,the City will not suspend enforcement with respect to new, renovated or expanded
food service facilities_ Th is su spe nsi on will continue indefinitely until repealed or modified by
subsequent City Manager or Council action.
m-Yh ; {::
Date: December 30, 2020 TImothyj CRui shank INN AP,,AM 1hQCST'I
TimothyJ. Cruikshankr City Manager
763-593-8000 1Ax 763-593-8109 i rr 763-S93-3 ir3 wawvv.g old envalleymn.gov
ANNOUNCEMENT OF MEETINGS AND EVENTS
Three or more Council Members may attend the following
JAN UARY
7 Police Commission Task Force Meeting 5:00 PM Held Virtually
12 Rising TIDES Task Force Meeting 5:15 PM Held Virtually
12 Council Manager Meeting 6:30 PM Held Virtually
17 Sweet Potato Comfort Pie:7th Annual Martin Luther King Service Holiday 2:00-4:30 PM Held Virtually
18 City Offices Closed for Observance of Dr. Martin Luther King,Jr. Day
18 2021 Dr. Martin Luther King Jr. Holiday Breakfast 8:30-10:15 AM Held Virtually
19 Facilities Study Task Force Meeting 3:30-5:30 PM Held Virtually
19 City Council Meeting 6:30 PM Held Virtually
22 MLC Annual Legislative Breakfast Meeting 8:00-9:15 AM Held Virtually
26 Annual Council Planning Session 6:30 PM Held Virtually
28 Police Commission Task Force Meeting 5:00 PM Held Virtually
Joint Initiative-Environmental Commission and Human Rights Commission
28 "Climate Change in Minnesota: Implications and Disparate Impacts" 6:30-7:30 PM Held Virtually
Virtual Option or
30 Annual Crystal Legislative Breakfast 9:30-11:00 AM Crystal City Hall
4141 Douglas Dr N
FEBRUARY
2 City Council Meeting 6:30 PM Held Virtually
2-13 2021 League of MN Cities Elected Leaders Institute Varies Held Virtually
9 Rising TIDES Task Force Meeting 5:15 PM Held Virtually
9 HRA Special Meeting 6:30 PM Held Virtually
9 Council Manager Meeting 6:30 PM Held Virtually
11 Police Commission Task Force Meeting 5:00 PM Held Virtually
15 City Offices Closed for Observance of Presidents'Day
16 Facilities Study Task Force Meeting 3:30-5:30 PM Held Virtually
16 City Council Meeting 6:30 PM Held Virtually
23 Joint Meeting of the Council and Boards/Commissions/Task Forces 7:00-8:30 PM Held Virtually
25 Police Commission Task Force Meeting 5:00 PM Held Virtually