01-04-22 City Council Agenda7800 Golden Valley Road I Golden Valley, MN 55427
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City Council
REGULAR MEETING AGENDA
city of
goldvaen,,,:,,,
January 4, 2022 — 6:30 pm
Council Chambers
Hybrid Meeting
City Council meetings are being conducted in a hybrid format with in -person and remote options
for attending, participating, and commenting. The public can make statements in this meeting
during public comment sections, including the public forum beginning at 6:20 pm.
Remote Attendance/Comment Options: Members of the public may attend this meeting by
watching on cable channel 16, streaming on CCXmedia.org, streaming via Webex, or by calling 1-
415-655-0001 and entering access code 2454 355 4347. Members of the public wishing to
address the Council remotely have two options:
• Via web stream - Stream via and use the 'raise hand' feature during public
comment sections.
• Via phone - Call 1-415-655-0001 and enter meeting code 2454 355 4347. Press *3 to raise
your hand during public comment sections.
1. Call to Order
A. Pledge of Allegiance
B. Incoming Council Member Introduction
C. Oaths of Office
Denise La Mere -Anderson, Council Member Term Expires - 12/31/25
Gillian Rosenquist, Council Member Term Expires - 12/31/25
D. Seating of the Council
E. Roll Call
F. Presentation of Engineering Awards to the City of Golden Valley for the DeCola
Ponds Project
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.
Pages
A. Approval of City Council Minutes — Special Meeting of November 9, 2021 3
B. Bids, Quotes, and Contracts:
1. Approve Contract for Influent Meter Pit Repairs with Rice Lake Construction Group 4-20
2. Approve Purchase of an Asphalt Paver from Ziegler Cat in the amount of $226,735 21-24
3. Approve Professional Services Agreement with Short Elliot Hendrickson (SEH), Inc. 25-43
for Winnetka Avenue Pedestrian Signal Design and Construction Services
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 4, 2022 — 6:30 pm
4. Approve Updated Municipal Legislative Commission Joint Cooperative Agreement
44-51
C.
Grants and Donations:
1. Approve Resolution No. 22-001 Transferring ARPA Funds to the HRA to Implement a
52-76
Rent and Household Assistance Program and to Approve the Grant Agreement for
the Golden Valley Rent and Household Assistance Fund
2. Approve Resolution No. 22-002 Transferring ARPA Funds to the HRA to Implement a
77-100
Housing Navigation Services Program and to approve the Grant Agreement for the
Golden Valley Housing Navigation Services Program
D.
Approve Resolution No. 22-003 Designating Depository for City Funds
101-103
E.
Approval of the Use of Credit Cards for Purchases for 2022
104
F.
Approve Resolution No. 22-004 Making Annual Elections for 2022-2023 Insurance Policy
105-106
G.
Designation of 2022 Official Newspaper
107
H.
Approval of City Check Register
108
4. Public Hearing
A. 2022 Pavement Management Program 109-135
1. Conduct Public Hearing for Special Assessments and Approve Resolution No. 22-
005 Adopting and Confirming Assessments for Various Public Improvements in the
2022 Pavement Management Area
2. Approve Professional Services Agreement with Short Elliot Hendrickson (SEH), Inc.
for Construction Engineering Services for an amount not to exceed $239,900
3. Approve Construction Services Agreement with G M H Asphalt Corporation in the
amount of $5,263,550.91
B. Formal Public Hearings — Artessa Senior Cooperative, 7001 Golden Valley Road 136-270
1. Future Land Use Map Amendment, Resolution No. 22-006
2. Zoning Map Amendment, Ordinance No.731
3. Preliminary Plan for Subdivision
4. Conditional Use Permit No. 172 to Allow for Additional Height on a Building
5. Old Business
6. New Business
All Ordinances listed under this heading are eligible for public input.
A. Second Consideration of Ordinance No. 730 Amending City Code Chapter 103 Authorizing 271-276
the City to Complete Plumbing Plan Review
B. Review of Council Calendar 277
C. Mayor and Council Communications
1. Other Committee/Meeting updates
7. Adjournment
7800 Golden Valley Road I Golden Valley, MN 55427
763-593-8012 1 TTY 763-593-3968 1 763-593-8109 (fax) I www.goldenvalleymn.gov
City Council
SPECIAL MEETING MINUTES
city of
WrgoldalvY
November 9, 2021 — 6:15 pm
Council Chambers
Hybrid Meeting
City Council meetings are being conducted in a hybrid format with in -person and remote options
for attending, participating, and commenting. The public was able to make statements in this
meeting during public comment sections, including the public forum beginning at 6:20 pm.
1. Call to Order
The meeting was called to order at 6:15 pm by Mayor Harris.
1A. Roll Call
Present
Staff present:
Mayor Shep Harris, Council Members Larry Fonnest, Maurice Harris, Gillian
Rosenquist and Kimberly Sanberg
City Manager Cruikshank, City Attorney Cisneros, and City Clerk Schyma
2. Canvass 2021 Election Results
City Clerk Schyma presented the election returns for the City Election held on November 2, 2021
and answered questions for the Council.
Motion by Sanberg, Second by Fonnest to accept the submitted Hennepin County's Election
Abstract of Votes Cast in the Precincts of the City of Golden Valley and declare the results from
the abstract to be the official results.
Motion carried 5-0.
3. Adjourn
Motion by M. Harris, Second by Rosenquist to adjourn the meeting at 6:31 pm.
Motion carried 5-0.
Shepard M. Harris, Mayor
ATTEST:
Theresa Schyma, City Clerk
Golden Valley City Council Meeting
January 4, 2022
Agenda Item
3. B. 1. Approve Contract for Influent Meter Pit Repairs with Rice Lake Construction Group
Prepared By
Tim Kieffer, Public Works Director
Joe Hansen, Utility Maintenance Superintendent
Summary
In April of 2021, Golden Valley staff responded to an alarm at the influent meter pit. The alarm
indicated that water was collecting in the bottom of the pit. Upon inspection, a gasket on one of two
intake pipes adjacent to the meter failed. It was determined this was due to vibrations in the pipe
from a failing downstream butterfly valve.
City staff performed temporary repairs in May of 2021 and removed one of two faulty butterfly valves,
but a permanent solution is still needed. The Joint Water Commission Technical Advisory Committee
(JWC TAC) and City of Minneapolis worked to develop a permanent solution at the meter pit. Staff
solicited quotes for the repairs. Two quotes were received and are below:
Contractor Amount
Rice Lake Construction Group $68,800
Shank Constructors, Inc. $76,900
The JWC TAC reviewed the quotes and recommended approving the project with Rice Lake
Construction Group. The JWC approved the repairs on November 3, 2021. The City of Golden Valley
will administer the contract and oversee the repairs.
Financial Or Budget Considerations
The City will be reimbursed with funds from the Joint Water Commission Capital Improvement
Program.
Recommended Action
Motion to authorize the Mayor and City Manager to execute the Contract for Influent Meter Pit
Repairs with Rice Lake Construction Group in the form approved by the City Attorney.
City Council Regular Meeting Executive Summary
City of Golden Valley
January 4, 2022
2
Supporting Documents
• Contract for Influent Meter Pit Repairs (12 pages)
• Rice Lake Construction Group Quote (1 page)
• Shank Constructors, Inc. Quote (2 pages)
1
CONTRACT FOR INFLUENT METER PIT REPAIRS
WITH RICE LAKE CONSTRUCTION GROUP
THIS AGREEMENT is made this 4th day of January, 2022 (the “Effective Date”) by and between Rice Lake
Construction Group, a water and wastewater construction contractor located at 22360 County Road 12,
PO Box 517 Deerwood, MN 56444 (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota
municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”):
RECITALS
A. Contractor is engaged in the business of repairing and replacing potable water distribution
components.
B. The City desires to hire Contractor to repair and replace potable water distribution components.
C. Contractor represents that it has the professional expertise and capabilities to provide the City
with the requested work.
D. The City desires to engage Contractor to provide the work described in this Agreement and
Contractor is willing to provide such work on the terms and conditions in this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and
Contractor agree as follows:
AGREEMENT
1. The Work. Contractor shall perform the work more fully described in the attached Exhibit A (the
“Work”). The Work includes all work and services required by this Agreement, whether completed or
partially completed, and includes all labor, materials, equipment, and services provided or to be provided
by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the
specifications set forth in the attached Exhibit B. Contractor shall at all times keep the premises free from
accumulation of waste materials and debris caused by Contractor’s operations.
2. Time for Completion. The Contractor shall proceed diligently and shall complete the Work to the
satisfaction and approval of the City’s authorized agent according to the deadlines set forth in Exhibit A
(the “Contract Time”). Contractor shall notify the City in writing of any cause of delay of the Work within
24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time,
the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s
expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may,
at its discretion, extend the Contract Time.
3. Consideration. In consideration of the performance of the Work, the City shall pay to Contractor
the not to exceed amount of $68,800.00 (the “Contract Price”). The consideration shall be for both the
Work performed by Contractor and the expenses incurred by Contractor in performing the Work.
Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates,
titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay
Contractor within thirty (30) days after receiving a statement from Contractor.
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4. Extra Work. Unless approved by the City in writing, Contractor shall make no claim for extra work
done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the
plans and specifications of this Agreement. Any such work or materials furnished by Contractor without
written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered
plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of
such reduction shall be deducted from the contract price for the Work.
5. Contract Documents. The Contract Documents shall consist of this Agreement; all exhibits to this
Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and
specifications; and other documents listed herein.
In the event of a conflict among the various provisions of the Contract Documents, the terms shall be
interpreted in the following order of priority:
a. Modifications to this Agreement
b. This Agreement, including all exhibits
c. Supplementary drawings, plans, specifications
d. Other documents listed in this Agreement
Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings.
All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the
Contract Documents, shall have the meaning set forth in the Contract Documents.
6. Expense Reimbursement. Contractor shall not be compensated separately for necessary
incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate,
unless reimbursement is provided for an expense that received the prior written approval of the City,
which approval may be provided via electronic mail.
7. Approvals. Contractor shall secure the City’s written approval before making any expenditures,
purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval
may be provided via electronic mail.
8. Protection of Persons and Property. Contractor shall be responsible for initiating, maintaining
and supervising all safety precautions and programs in connection with the performance of the Work.
Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to
prevent damage, injury, or loss to:
a. Persons performing the Work and other persons who may be affected by the Work;
b. The Work and materials and equipment to be incorporated therein; and
c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks,
pavement, roadways, structures and utilities.
Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor
or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them.
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9. Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection
and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then
the materials shall be removed and replaced with other approved materials and the labor shall be done
to the satisfaction and approval of the City at the Contractor’s sole cost and expense. Contractor shall
replace at Contractor’s expense any loss or damage to the Work, however caused, which occurs during
the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any
payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility
for the construction and delivery of Work. Acceptance of the completed Work shall be evidenced only by
Final Payment (the “Final Payment”) issued by the City, which shall state the date on which the City
accepts the completed Work (the “Final Completion Date”).
10. Warranty. Contractor represents and warrants that it has the requisite training, skills, and
experience necessary to complete the Work, is appropriately licensed by all applicable agencies and
governmental entities, and will complete the Work in a manner consistent with the level of care and skill
ordinarily exercised by professionals currently providing similar work. Contractor further represents and
warrants to the City that the materials and equipment furnished under this Agreement are of good quality
and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work
will conform to the requirements of this Agreement and will be free from defects. Work, materials, or
equipment not conforming to these requirements may be considered defective. Contractor shall promptly
correct any defective Work. Costs of correcting such defective Work, including additional testing and
inspections, the cost of uncovering and replacement, and compensation for any additional services and
expenses made necessary thereby, shall be at Contractor’s expense. Contractor’s warranty shall exclude
remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its
subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient
maintenance, improper operation or normal wear and tear under normal usage.
11. Guarantee. Contractor guarantees and agrees to maintain the stability of the Work and materials
furnished and installed under this contract for a period of one year after the Final Completion Date (the
“Guarantee Period”). Contractor agrees to perform fully all other guarantees as set forth in the
specifications. If any of the Work is found to be not in accordance with the requirements of the Contract
during the Guarantee Period, Contractor shall correct it promptly after receipt of notice from the City to
do so. The City shall give such notice promptly after discovery of the condition. If Contractor fails to correct
nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct
the Work at Contractor’s expense.
The Guarantee Period shall be extended with respect to portions of Work first performed after the Final
Completion Date by the period between Final Payment and the actual completion of that portion of the
Work. The one-year period for correction of Work shall not be extended by corrective Work performed
by Contractor pursuant to this Section.
Nothing contained in this Section shall be construed to establish a period of limitation with respect to
other obligations Contractor has under the Contract Documents. Establishment of the one-year period for
correction of Work as described in this Section relates only to the specific obligation of Contractor to
correct the Work and has no relationship to the time within which the obligation to comply with the
Contract Documents may be sought to be enforced, nor to the time within which proceedings may be
commenced to establish Contractor’s liability with respect to Contractor’s obligations other than
specifically to correct the Work.
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12. Termination. This Agreement shall remain in force and effect commencing from the effective
date and continuing until the completion of all the parties’ obligations hereunder, unless terminated by
the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the
contrary, this Agreement may be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time;
b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the
City upon providing thirty (30) days’ written notice to the City;
c. The City may terminate this Agreement at any time at its option, for any reason or no reason
at all; or
d. The City may terminate this Agreement immediately upon Contractor’s failure to have in force
any insurance required by this Agreement.
In the event of a termination, the City shall pay Contractor for Work performed to the date of termination
and for all costs or other expenses incurred prior to the date of termination.
13. Amendments. No amendments may be made to this Agreement except in a writing signed by
both parties.
14. Remedies. In the event of a termination of this Agreement by the City because of a breach by
Contractor, the City may complete the Work either by itself or by contract with other persons or entities,
or any combination thereof. These remedies provided to the City for breach of this Agreement by
Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or
equitable remedies available because of Contractor’s breach.
15. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that
the books, records, documents, and accounting procedures and practices of Contractor, that are relevant
to the contract or transaction, are subject to examination by the City and the state auditor or legislative
auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years
after final payment. The parties agree that this obligation will survive the completion or termination of this
Agreement.
16. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor’s successors
or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials,
agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature,
or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but
not limited to attorneys’ fees, professional services, and other technical, administrative or professional
assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members,
invitees, representatives, or employees) performance of the duties required by or arising from this
Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor,
or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement.
Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to
which the City is entitled. The parties agree that these indemnification obligations shall survive the
completion or termination of this Agreement.
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17. Insurance. Contractor shall maintain reasonable insurance coverage throughout this
Agreement. Contractor agrees that before any work related to the approved project can be performed,
Contractor shall maintain at a minimum:
a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181;
b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used
by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury,
death of any person, and property damage arising out of the ownership, maintenance, and
use of such motor vehicles, along with any statutorily required automobile coverage;
c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence,
$2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard,
providing coverage for claims including:
i. Damages because of bodily injury, sickness or disease, including occupational sickness
or disease, and death of any person;
ii. Personal and advertising injury;
iii. Damages because of physical damage to or destruction of property, including loss of
use of such property;
iv. Bodily injury or property damage arising out of completed operations; and
v. Contractor’s indemnity obligations under this Agreement.
To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a
combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall
provide the City with a current certificate of insurance including the following language: “The City of
Golden Valley is named as an additional insured with respect to the commercial general liability, business
automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess
liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the
City as an additional insured and contain a statement that such policies of insurance shall not be canceled
or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case
of non-payment.
18. Compliance with State Withholding Tax. Before final payment is made for the Work on this
project, Contractor must make a satisfactory showing that it has complied with the provisions of
Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid
employees on this project by providing to the City Engineer a Certificate of Compliance from the
Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor
must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that
Contractor has complied with the provisions of Minnesota Statutes Section 290.92.
19. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or
interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any
assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or
transfer any rights under or interest (including, but without limitation, moneys that may become due or
moneys that are due) in the Agreement without the written consent of the other except to the extent that
the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from
6
employing such independent consultants, associates, and subcontractors, as it may deem appropriate to
assist it in the performance of the Work required by this Agreement. Any instrument in violation of this
provision is null and void.
20. Independent Contractor. Contractor is an independent contractor. Contractor’s duties shall be
performed with the understanding that Contractor has special expertise as to the Work which Contractor
is to perform and is customarily engaged in the independent performance of the same or similar work for
others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall
control the way the Work is performed; however, the nature of the Work and the results to be achieved
shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-
partners. Contractor is not an employee or agent of the City and has no authority to make any binding
commitments or obligations on behalf of the City except to the extent expressly provided in this
Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor
as an independent contractor and not as an employee of the City for any purpose, including but not limited
to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability
for torts and eligibility for employee benefits.
21. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable
federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date.
Contractor’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives,
and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and
alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work
rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all
times while performing duties pursuant to this Agreement. Contractor agrees and understands that a
violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient
grounds for immediate termination of the Agreement by the City.
22. Entire Agreement. The Contract Documents shall constitute the entire agreement between the
City and Contractor, and supersede any other written or oral agreements between the City and
Contractor.
23. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
24. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with
the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement
shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this
Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or
otherwise.
25. Work Products and Ownership of Documents. All records, information, materials and other work
products, including, but not limited to the completed reports, drawings, plans, and specifications prepared
and developed in connection with the provision of the Work pursuant to this Agreement shall become the
property of the City, but reproductions of such records, information, materials and other work products
in whole or in part may be retained by Contractor. Regardless of when such information was provided,
Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising
out of or related to this Agreement, except as authorized by the City or as required by law. These
obligations survive the termination of this Agreement.
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26. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor
shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to
provide the requested Work.
27. Agreement Not Exclusive. The City retains the right to hire other professionals, contractors and
service providers for this or other matters, in the City’s sole discretion.
28. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor,
created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this
Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within
three business days if it receives a data request from a third party. This paragraph does not create a duty
on the part of Contractor to provide access to public data to the public if the public data are available from
the City, except as required by the terms of this Agreement. These obligations shall survive the termination
or completion of this Agreement.
29. No Discrimination. Contractor agrees not to discriminate in providing the Work under this
Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status
with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate
termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as
amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act,
Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs,
including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought
alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents,
employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide
accommodation to allow individuals with disabilities to participate in all Work under this Agreement.
Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for
effective communication with individuals with disabilities.
30. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is
Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is
Greg Holm, or designee who shall perform or supervise the performance of all Work.
31. Notices. Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return
receipt requested, addressed to:
CONTRACTOR THE CITY
Rice Lake Construction Group
22360 County Road 12
PO Box 517
Deerwood, MN 56444
greg_holm@ricelake.org
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
tkieffer@goldenvalleymn.gov
or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
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32. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver
of any other provisions or any other or further breach, and no such waiver shall be effective unless made
in writing and signed by an authorized representative of the party to be charged with such a waiver.
33. Headings. The headings contained in this Agreement have been inserted for convenience of
reference only and shall in no way define, limit or affect the scope and intent of this Agreement.
34. Severability. If 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.
35. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they
are duly authorized to sign on behalf of their respective organization. In the event Contractor did not
authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties
and liability of Contractor, described in this Agreement, personally.
36. 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.
37. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully
incorporated into this Agreement.
IN WITNESS WHEREOF, the City and Contractor have caused this Independent Contractor Agreement to
be executed by their duly authorized representatives in duplicate on the respective dates indicated
below.
RICE LAKE CONSTRUCTION GROUP: CITY OF GOLDEN VALLEY:
By: _________________________________
Greg Holm, Estimator
By: _________________________________
Shepard M. Harris, Mayor
By: _________________________________
Timothy J. Cruikshank, City Manager
EXHIBIT A
SCOPE OF WORK
1. Work. The Work shall include all labor and equipment necessary to repair, replace, or relocate
watermain, valves, or other potable water distribution components. The Work shall include, but not
limited to the following:
A. Replace one 24-inch spool piece with a 4 foot, 4 ¼-inch spool piece.
B. Replace one 24-inch butterfly valve with a 4 foot, 4 ¼-inch spool piece.
C. Replace two pneumatic valve operator actuators with two IQT3 Series electronic motor
operator actuators on existing 24-inch butterfly valves.
D. Remove one threaded rod. Drill and epoxy new threaded rod in new location to secure
piping.
E. Excavate and backfill to replace two 10-foot sections of exterior ductile iron piping and
secure to valve vault piping.
F. Replace six gaskets
G. Replace two 24-inch flange-coupling adaptors with two 24-inch Mega-Flange adapters.
2. Excluded Work. Work not included in the cost of repairs is electrical, asphalt and turf restoration,
and painting.
3. Schedule. The Work shall commence January 10, 2022 and conclude February 11, 2022.
EXHIBIT B
SPECIAL CONDITIONS
1. Responsible Contractor Certification. Contractor and subcontractor(s) shall be a “responsible contractor”
as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the
minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance
with the minimum requirements, will not be a “responsible contractor” and will be ineligible to perform the Work.
Contractor and subcontractor(s) are that make a false statement verifying compliance with any of the minimum
criteria shall result in the termination of this Agreement.
2. Safety Precautions and Accident Prevention. The Contractor shall observe and comply with all
requirements to the safety of the workforce to be employed on the project. Contractor shall comply with all
safety measures recommended and required by any governmental agency, including the Department of Labor
and Industry, Division of Accident Prevention of the Industrial Commission of Minnesota, and with the
requirements of the Workmen's Compensation Act and any amendments thereof. Attention is called to the
other paragraphs of these Special Conditions covering safety precautions and accident prevention. The
Contractor shall be responsible for all safety issues on this project. The Contractor shall comply with instructions
from the City for implementing any additional requirements for safety concerns.
3. Locating Utilities. Contractor shall obtain field locations or other assistance as may be required to
determine the existence and location of gas mains and other private utilities, as well as, public utilities of the
City, County or State, which may be underground or overhead within street and highway rights-of-way or within
easements and which may be interfered with by the Work prior to the Work. Existing underground, surface or
overhead structures are not necessarily shown on the Plans; and those shown are only correct to the level of
accuracy permitted by the locations both from field located and record drawings, established by the utility
owners. The City does not assume any responsibility for the accuracy of the disclosed locations. Contractor shall
be responsible for all verifying all utility location by contacting Gopher State One-Call (651.454.0002) prior to
beginning the Work. Contractor shall also make such investigations as are necessary to determine the extent to
which existing structures may interfere with the Work. Contractor shall not claim or be entitled to receive
compensation for any damages sustained by reason of the inaccuracy of the omission of any of the information
given relative to the surface, overhead or underground structures or by reason of Contractor’s failure to
properly protect and maintain such structures.
4. Utility Conflicts. Contractor shall coordinate its efforts with private utility companies so the Work can be
done in a timely manner. Contractor shall schedule or redirect its Work to ensure that utility company relocates,
installations, and/or removals do not impede progress of the Work. Contractor waives claims for any and all costs
or damages due to alleged delay, disruption, or acceleration; and releases the City from any such claims, to the
extent the claim is due to the failure of any private utility with facilities affected by the Work to promptly relocate,
remove, or adjust such facilities. It is anticipated that some facilities will be in conflict with the work on this project
that Contractor will be expected to guard and protect these facilities. No claims for extra compensation to perform
the Work are due to conflicts with in-place utilities shall be considered. Likewise, no claim for delays due to
conflicts with in-place utilities shall be considered.
5. Mobilization (2021). No extra expense shall be considered for mobilization to the site.
6. DOT Compliance. All of Contractor’s drivers performing work for the City must be in compliance with DOT
requirements related to holding a Commercial Driver’s License (CDL). Contractor shall be responsible for ensuring
its own compliance with all applicable DOT regulations and requirements, including but not limited to DOT
regulations related to drug testing and the maintenance of drug testing records. Contractor shall indemnify and
hold harmless the City for any fines incurred as a result of Contractor’s failure to comply with DOT requirements
as set forth above. It shall be Contractor’s responsibility to comply and provide evidence to the City of DOT
compliance upon request.
7. Hours of Operation. Work shall occur Monday through Friday from 7:00 a.m. to 7:00 p.m., excluding
holidays.
8. Noise Elimination. The Contractor shall eliminate noise to as great an extent as possible at all times. Air
compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power
equipment shall be provided with mufflers approved by the manufacturer.
9. Care of Work. All work under this contract shall be accomplished with reasonable care and minimal
damage to affected properties. The Contractor shall provide quality cleanup after removal and repair of any
damage done by the Contractor’s equipment.
10. Manual References. The Specifications which apply to the Work shown in the Plans shall be as follows:
A. Special Conditions herein Exhibit A and B.
B. Standard Utilities Specifications for Watermain and Service Line Installation, Sanitary Sewer and
Storm Sewer Installation, and Trench Excavation and Backfill/Surface Restoration, Revised 2013, as
prepared by the City Engineers Association of Minnesota (CEAM) and published by the League of
Minnesota Cities, St. Paul, Minnesota, except as modified or supplemented in these Special
Conditions. The Standard Utilities Specifications are available from the Minnesota Society of
Professional Engineers by calling 651.292.8860, or from the CEAM website at http://ceam.org/.
C. Division I, 1507 (Utility Property and Service) and Division I, 1512 (Unacceptable and unauthorized
work) of the Minnesota Department of Highways Standard Specification for Construction, 2018
Edition and its supplements, shall apply, except as modified or supplemented herein.
D. Division II (Construction Details) and Division III (Materials) of the Minnesota Department of
Highways Standard Specification for Construction, 2018 Edition and its supplements, shall apply,
except as modified or supplemented herein.
11. Measurement and Payment. Payment for all items for this project shall be by lump sum.
12. Contract Extension. Contractor shall perform fully, entirely, and in an acceptable manner, the Work
contracted for within the time stated herein Exhibit A. Contractor shall, not less than ten (10) days prior to said
date, make written request to the City for an extension of time for completion, setting forth fully in its request
the reasons which Contractor believes justify the granting of the request. If the City finds that the Work has
been delayed on account of unusual conditions beyond the control of Contractor, or the quantities of the Work
done or to be done are more than the Contract quantities in sufficient amount to warrant additional time; the
City may, in its sole discretion, grant an extension of time for the completion to such date as may seem
reasonable and proper. In case such extension is not granted, the right to proceed with the Work may be
considered as forfeited as of the Contract Time, including all agreed upon adjustments, and the City, without
violating the Contract, may proceed immediately to take over the Work, materials and equipment and make
final settlement of costs incurred, except that it shall not be necessary to give Contractor written ten (10) days’
notice for such forfeiture.
9/30/2021
To: City of Golden Valley
Attn: Derek Goddard
RE: JWC Meter Pit
Scope
• Remove 24” spool pieces supply and install a 4’-4 ¼” spool piece.
• Remove 1 24” BFV supply and install a Spool Piece.
• Remove existing operators supply and install 2 IQT3 Series electric motor operators on existing
24” Pratt BFV’s
• Remove 1 threaded rod. Drill and epoxy new rod in new location
• Dig and back fill to replace 10’ of exterior DIP and tie back into the valve vault piping.
• Replace 6 additional gaskets.
• Replacing 2 24” Flange coupling adaptors with 2 24” Mega-Flange adapters.
• For connecting to the existing underground pipe, I have included 2 Mega lug w/ tee bolts and
gaskets and 2 long sleeves so we can restrain the connection. If this joint does not need to be
restrained, we can delete $3,500.00 from our quote.
Price $68,800.00
Not Included:
• Electrical
• Restoration (asphalt replacement)
• Painting
Any question please give me a call.
Greg Holm
cell Phone: (320) 444-7940
Greg_holm@ricelake.org
Main Phone: (763) 424-8300
Direct Dial: (763) 488-4007
Main Fax: (763) 424-8303
Shank Constructors, Inc.__________________________
October 1, 2021
Quotation
City of Golden Valley
Attn: Derek Goddard
7800 Golden Valley Rd,
Golden Valley, MN 55427
Reference: Golden Valley Water Reservoir Meter Vault
Subject: Quotes
We are providing two quotes to do two separate projects.
This work will be performed at the Water Metering Vault located at 1500 Skyline Drive, Golden Valley, MN
Scope of Work for Base Bid:
West 24” Supply Line
• Replace Gaskets on Flow Meter and replace 1 threaded rod restraint back to wall
• Remove Butterfly Valve and Replace with Flg x Flg Spool 8” long
• Replace Flanged Coupling Adaptor
• Remove and replace existing Valve Actuator with new Rotork Valve Operator. (Supplied By Others)
• Cap existing ¾” valve water connections as needed
• Mobilization
• Disposal of old piping and valves
Exclusions:
• Electrical Connections to valve operator, both existing and new.
• Programing and Controls
• Pipe and Accessory Painting
East 24” Supply Line
• Remove Pipe Spools and MJ Sleeve Coupling - Replace with one 4’- 4 1/4" long.
• Replace Flanged Coupling Adaptor
• Remove and replace existing Valve Actuator with new Rotork Valve Operator. (Supplied By Others)
• Cap existing ¾” valve water connections as needed
• Mobilization
• Disposal of old piping and valves
Exclusions:
• Electrical Connections to valve operator, both existing and new.
• Programing and Controls
• Pipe and Accessory Painting
• Concrete Repairs
Quote for Bid A: $34,900.00
Scope of Work for Alternate:
• Saw Cut Pavement as needed.
• Excavate and locate 2 – 24” Ductile Water Mains.
• Remove and Replace 2 – 24” Ductile Water Mains (Approx. 4’ interior pipe & 6’ Exterior pipe)
• Add new Pipe Bedding
• Add 2 – 24” MJ Sleeves, MJ Restraint Glands, Bolts, and Wall Linkseals as needed for Pipe
Replacement.
• Remove and Replace 8 Stainless Rod Restraints Back To Wall on Exterior
• Backfill to Subgrade
Exclusions:
• Grass Replacement, Replacement of Sawcut Pavement, Any Final Restoration Removal from project site
of Soil Spoils or Pavement.
• Winter Conditions
• Temporary Pumping or Bypass
Quote for Alternate: $42,000.00
Combined Total Bid = $76,900.00
General Exclusions:
Demolition – except as outlined above.
Excavation, backfill and concrete encasement for the under-slab piping systems
Rubbish Removal
Sanitary Facilities
Heating & Water
Dewatering & Site Restoration
Electricity
Temporary Pumping and Bypassing
Concrete & Grout
Concrete Sawing, Cutting and Patching
Hoisting/Forklift
Anchorage and support materials for equipment that we are installing, but not purchasing.
Equipment oil and lubrication
Start-up Chemicals
Painting
The cost of temporary wiring and purchase of electrical energy for lights, tools, and construction
equipment and energy required for start-up of equipment.
We exclude the detection, abatement, encapsulation or removal of asbestos or products or materials or
equipment containing asbestos. This shall govern over any conflicting or inconsistent clause of the plans or
specifications.
Thank You for the Opportunity
Kirk A Burback
SHANK CONSTRUCTORS, INC.
Equal Opportunity Employer
Golden Valley City Council Meeting
January 4, 2022
Agenda Item
3. B. 2. Approve Purchase of an Asphalt Paver
Prepared By
Tim Kieffer, Public Works Director
Marshall Beugen, Street and Vehicle Maintenance Superintendent
Summary
Unit 700, a 2013 Maulden asphalt paver has reached its useful life cycle and is scheduled to be
replaced. The existing paver meets replacement criteria set forth in the City’s Vehicle Replacement
Policy and Vehicle Condition Index (VCI). The VCI is a tool used to assess all vehicles and equipment
scheduled for replacement and any vehicle/equipment scoring 28 points or higher meets the category
of “needs immediate consideration”. The paver scored 34 points.
Staff utilizes the paver for street, trail, and court repairs and construction, including 3 miles of in-house
mill and overlay.
Financial Or Budget Considerations
Staff recommends purchasing the paver using Sourcewell, a cooperative purchasing agency created by
the Minnesota legislature. Sourcewell has awarded contract number 052417-WLR.
The 2022 Vehicles and Equipment Capital Improvement Program includes $250,000 for the purchase of
an Asphalt Paver (V&E-012). The total cost of the paver is $226,735.
Recommended Action
Motion to approve purchase of 2022 Weiler P385C Paver from Ziegler Cat in the amount of $226,735.
Supporting Documents
• Ziegler Cat Quote (3 pages)
Ziegler Inc.
Page 1 of 3
187586-01
December 29, 2021
CITY OF GOLDEN VALLEY
7800 GOLDEN VALLEY RD
GOLDEN VALLEY, Minnesota 55427-4508
Dear Marshall Beugen,
We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your
consideration.
Weiler Model: P385C Paver
Sourcewell Contract #: 052417-WLR
Valid Until: December 31, 2022
We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 30 days, after which time we
reserve the right to re-quote. If there are any questions, please do not hesitate to contact me.
Sincerely,
Dillon Kelly
Territory Manager
Ziegler Inc.
Page 2 of 3
Weiler Model: P385C Paver
Standard Equipment
STANDARD FEATURES
Cat 3.4 Tier IV 100 HP Engine Spray Down w/ Separate Tank and 1 Hose Reel
140 mm Track Group w/ 14'' Poly Pads Dual Operator's Stations w/ One Seat
Adjustable, Oscillating Push Rollers Steering Wheel Control Group
Paver Pause Function, Grade and Slope Prep Group
MACHINE SPECIFICATIONS
DESCRIPTION
P385C ASPHALT PAVER BASE UNIT
WALKWAY EXTENSIONS GROUP
LED STROBE LIGHT GROUP
HAND HELD REMOTE GROUP
LOWER ADDITIONAL SCREED MOUNT
HEATED END GATES GROUP
ELECTRIC SCREED HEIGHT EXT.
POWER HYDRAULIC SLOPE GROUP
HYDRAULIC POWER CROWN GROUP
US, CANADA ENGLISH LANGUAGE
SCREED W/ ELECTRIC HEAT
ADDITIONAL OPERATOR'S SEAT
PREMIUM LIGHTING GROUP (9 LED)
Ziegler Inc.
Page 3 of 3
SELL PRICE $226,735.00
BALANCE $226,735.00
WARRANTY
Standard Warranty: Standard Manufacturer's Warranty
Extended Warranty: 24 Month or 2000 Hour Powertrain + Hyd +Elec
CITY OF GOLDEN VALLEY
Accepted by SHEPARD M. HARRIS, MAYOR on JANUARY 4, 2022
_____________________________________________________________
Signature
CITY OF GOLDEN VALLEY
Accepted by TIMOTHY J. CRUIKSHANK, CITY MANAGER on JANUARY 4, 2022
_______________________________________________________________
Signature
Golden Valley City Council Meeting
January 4, 2022
Agenda Item
3. B. 3. Approve Professional Services Agreement with Short Elliot Hendrickson (SEH), Inc. for Winnetka
Avenue Pedestrian Signal Design and Construction Services
Prepared By
Jeff Oliver, PE, City Engineer
R.J. Kakach, PE, Assistant City Engineer
Summary
In May of 2019, the Traffic Safety Committee discussed potential pedestrian crossing treatments for
Winnetka Avenue North and Harold Avenue. The discussion led to a formal study of Winnetka Avenue
and Harold Avenue that occurred over the summer of 2019 which produced a recommended
pedestrian treatment for this intersection. Staff also recommends updating the pedestrian signal
crossing at Winnetka Avenue and Western Avenue to meet current standards and be consistent the
crossing at Harold Avenue. Both intersections are adjacent to Brookview Park.
The consulting firm of SEH, who performed the original study in 2019, provided a proposal for design
and construction services for this project. SEH will provide plans and specifications for the project
consistent with state signal and ADA standards. SEH will also assist with construction inspection of the
signal systems. The exact project schedule will be determined through the design process; however,
the anticipated schedule is outlined below:
Project Design Winter/Spring 2022
Bid Project Spring/Summer 2022
Begin Construction Summer 2022
Complete Construction Fall 2022
Financial Or budget Considerations
The total cost for Short Elliot Hendrickson (SEH), Inc. to provide design and construction services for
the Winnetka Avenue Pedestrian Signal Project is $24,500. Anticipated funding for these services in
included in the 2022 Street CIP Program (S-055) in the amount of $250,000.
City Council Regular Meeting Executive Summary
City of Golden Valley
January 4, 2022
2
Recommended Actions
•Motion to authorize the Mayor and City Manager to execute a professional services
agreement with Short Elliot Hendrickson, Incorporated in the form approved by the City
Attorney for design and construction services on the Winnetka Avenue Pedestrian Signal
Project for an amount not to exceed $24,500.
Support Documents
•Professional Services Agreement dated January 4, 2022 (17 pages)
1
PROFESSIONAL SERVICES AGREEMENT
(ENGINEERING SERVICES)
THIS AGREEMENT is made this January 4, 2022 (“Effective Date”) by and between Short Elliott
Hendrickson, Incorporated a Minnesota corporation with its principal office at 3535 Vadnais Center Drive,
St. Paul, Minnesota (“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 Crosswalk Flasher System Design and Construction
Services for the 1) Winnetka Avenue at Harold Avenue/Brookview Parkway – new crosswalk flasher
system and 2) Winnetka Avenue at Western Avenue – revised crosswalk flasher system projects.
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”) at the locations depicted in the attached Exhibit B. 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 C.
Consultant’s total compensation for the Services, including hourly fees and expenses, shall not exceed
$24,500. 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.
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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.
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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. $2,000,000 General Aggregate
2. $2,000,000 Products—Completed Operations Aggregate
3. $1,000,000 Each Occurrence
4. $1,000,000 Personal Injury
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.
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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
5
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
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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 Erin Jordan, 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.
John M. Gray, PE
3535 Vadnais Center Drive
St. Paul, MN 55110
jgray@sehinc.com
City of Golden Valley
R.J. Kakach
7800 Golden Valley Road
Golden Valley, MN 55437
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.
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.
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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 HENDRICKSON: CITY OF GOLDEN VALLEY:
By: _________________________________
Name: John M. Gray, PE
Title: Project Manager/Senior Professional
By: _________________________________
Shepard M. Harris, Mayor
Traffic Engineer By: _________________________________
Timothy J. Cruikshank, City Manager
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EXHIBIT A
SCOPE OF SERVICES
Exhibit A
Engineers | Architects | Planners | Scientists
Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110
SEH is 100% employee-owned | sehinc.com | 651.490.2000 | 800.325.2055 | 888.908.8166 fax
December 20, 2021 RE: Golden Valley, Minnesota
Crosswalk Flasher System Design and
Construction Services
SEH No. GOLDV 151293
Mr. R.J. Kakach, PE
Assistant City Engineer
City of Golden Valley
7800 Golden Valley Road
Golden Valley, Minnesota 55427
Dear Mr. Kakach:
Short Elliott Hendrickson Inc® (SEH) appreciates the opportunity to submit this proposal to the City of
Golden Valley for pedestrian crosswalk flasher system design and construction services and be able to
continue to provide professional services to the City of Golden Valley. It is our understanding that the
City wishes to have the following work be completed as part of this proposed work scope:
1. Winnetka Avenue at Harold Avenue/Brookview Parkway – new crosswalk flasher system.
2. Winnetka Avenue at Western Avenue – revised crosswalk flasher system.
This letter proposal can be the basis for an agreement for the work on this project and all subsequent services
and is provided in accordance with the current Professional Services Agreement between the City of Golden
Valley and Short Elliott Hendrickson Inc. (SEH).
SEH proposes to be compensated for the scope of services proposed in the agreement on an hourly basis.
Compensation will be based on the hourly cost of personnel plus reimbursable expenses, including
reproductions, mileage and equipment. The fee estimate for these services is $24,500.00. SEH can begin
services immediately after notice to proceed.
As part of the project, we have put together the following work program for performing the services of this
project. The work program is fairly well defined based on anticipated cooperative efforts of SEH and the
City of Golden Valley for this work. The work program does, however, provide flexibility to make the most
efficient use of SEH and City staff.
Mr. R.J. Kakach, PE
December 20, 2021
Page 2
UNDERSTANDING AND SCOPE OF WORK
In the fall of 2019, SEH studied the Winnetka Avenue corridor with respect to pedestrian crossings and
made recommendations for a new overhead crosswalk flasher system at Harold Avenue/Brookview
Parkway (near the City owned Brookview Park complex). This system would include rapid rectangular
flashing beacons (RRFBs) and audible pedestrian push buttons to allow for this system to be pedestrian
activated. Pedestrian curb ramp modifications on the southeast and southwest quadrants may be required
to accommodate the new flasher system and make this crossing fully ADA compliant.
As part of the same Winnetka Avenue pedestrian crossing review, the existing aged crosswalk flasher
system at Western Avenue (designed by SEH several years ago) was recommended to be upgraded to
include RRFBs and audible pedestrian push buttons. Again, pedestrian curb ramp modifications on the
northeast and northwest quadrants may be required to accommodate the revised flasher system and make
this crossing fully ADA compliant.
In response to these recommendations, the City of Golden Valley requested that SEH provide a proposal to
the City for design and construction services for the above-mentioned improvements. It is anticipated that
design of these systems will be completed in the winter and spring of 2022 to allow for construction of
these systems to be completed during the 2022 construction season. The following scope of work is
proposed to be completed in order to address design and construction of the above-mentioned flasher
systems.
FLASHER JUSTIFICATION REPORTS
MnDOT Metro District State Aid will require that flasher system justification documentation be completed
and submitted to State Aid for approval, for State Aid funds to be able to be utilized on this project.
Flasher justification reports (2-3 page reports) documenting the need for crosswalk flasher system
improvements or modifications will be compiled utilizing existing available traffic and area data (no
additional traffic or pedestrian counts will be completed for these locations). Using the available
information and a detailed field review of each location, SEH will prepare draft flasher justification reports
for each location for City review and comments.
Upon receipt of all comments, SEH will finalize each flasher justification report, provide copies of each
flasher justification report to the City for signatures, and assist the City in submittal of each report to
MnDOT State Aid.
Any comments on these reports from State Aid will be addressed by SEH as needed, and revised copies of
each report will be resubmitted by SEH to State Aid for approval and signatures.
FINAL DESIGN AND SPECIFICATIONS
Surveying and mapping of each intersection is required to be completed as part of the project scope. Survey
information will be used to create a base drawing of each intersection area for use in detailed design by
SEH. It is anticipated that the City will provide us with available right of way information as well as some
base geometric information of the area (as-built plans for previous construction through this area) which
we will also use to complete preparation of the base drawings for each intersection area. SEH will complete
all other required survey work at each intersection needed for both flasher system design and appropriate
ADA compliant pedestrian curb ramp design.
Mr. R.J. Kakach, PE
December 20, 2021
Page 3
SEH will utilize available geometric information, survey work and a detailed field review of each
intersection area in order to put together a 20-scale base layout for use in developing plan sheets for the
proposed flasher systems.
SEH will prepare a preliminary layout of each flasher system for City review. The overhead flasher system
design at Harold Avenue/Brookview Parkway will be designed to current Hennepin County signal design
standards to allow for potential County assistance with the maintenance of this flasher system. The revised
flasher system at Western Avenue is anticipated to utilize existing flasher pole locations and remain a
pedestal pole mounted flasher system.
After receiving comments from each agency, SEH will prepare a final design for each flasher system. These
designs will be incorporated into final plan sheets including title sheet, statement of estimated quantities,
intersection layouts, field wiring diagrams, “for information only” plan sheets of the existing flasher system,
utility information, signing and striping plans, and all required flasher details.
SEH will provide coordination and guidance with respect to utility meetings and how they will impact
flasher system construction (utility relocations versus signal pole and cabinet placements, source of power
locations, etc.).
SEH will coordinate with the City with respect to pedestrian curb ramp locations and pedestrian landing
areas that SEH will ultimately design as part of the project at each location, so that flasher system
pedestrian push buttons are properly located to meet current ADA and PROWAG requirements.
SEH will also work with the City to identify long lead-time flasher materials and electrical equipment that
the City may need to pre-order and procure prior to the start of construction to allow for each flasher system
to be able to be constructed in a timely manner within the overall project construction schedule.
Specific items that should be included in each flasher system design can be discussed with the City as
needed. The plan sheets will be signed by a licensed civil engineer. The plans and specifications will meet
all applicable requirements of the Minnesota Manual on Uniform Traffic Control Devices, the MnDOT
State-Aid Standards, and all applicable state and local electrical codes.
SEH will assist the City with obtaining all plan title sheet signatures and will submit the project to MnDOT
State Aid on behalf of the City. Any comments received from either the City or State will be addressed by
SEH, and revised copies of these items will be resubmitted to each agency by SEH for final approvals and
processing. SEH will also assist with any permit applications required for work under this project.
SEH will prepare all project plans and Division S and SS technical specifications, along with all front and
back end specifications as required by the City and MnDOT.
SEH will assist the City with advertising the project for bids, answer questions during bidding and issue
addendum if required, be present for opening of bids if requested, prepare a bid tabulation and bid
recommendation letter, and will also prepare contract documents. SEH will set up and attend any required
preconstruction meetings, and will review traffic signal shop drawings. Either SEH or the City can provide
construction contract administration.
CONSTRUCTION OBSERVATION
SEH will also provide construction observation for the flasher system and curb ramp portions of the project.
We propose to stake equipment, curb/sidewalk removal, and curb ramp locations in the field; make periodic
Mr. R.J. Kakach, PE
December 20, 2021
Page 4
visits to the project site to review work and respond to construction related questions; observe the technical
portions of construction as necessary; review the new flasher systems and pedestrian curb ramps following
construction; and provide a punch list to the Contractor on behalf of the City. As part of the construction
observation portion of the contract, SEH will provide to the City an as-built set of plans for the flasher
systems (hard copy and electronic copy).
It is assumed that the City would provide the routine day to day on-site inspection services outside of staking
and survey (SEH would not have an Engineer or RPR on site all day during construction) and day-to-day
on-site presence by an SEH representative is not included in the project scope but can be included for an
additional negotiated fee between the City and SEH should the City want to include these services in the
project. Concrete testing services costs are also not included in our work scope – SEH will work with the
City to arrange for testing with the City being billed directly for these testing services.
STAFF
SEH proposes to use the following staff members on this project:
John M. Gray, PE – Project Manager
John’s experience includes the design of more than 1,500 traffic signals and 300 emergency vehicle
preemption systems. He will be responsible for overseeing and completing all flasher system design and
construction observation as part of the project.
Other staff members are available as needed to assist in the timely and detailed completion of this project.
SCHEDULE
SEH proposes to begin work upon notice-to-proceed, and will provide a more detailed schedule upon
authorization to proceed on this project.
All of the staff assigned to the project has time available to adequately meet project needs.
COMPENSATION AND AGREEMENT
The proposed work program includes Flasher Justification Report preparation, surveying of each
intersection, plan sheet and technical specification preparation, pedestrian curb ramp design, coordination
with utilities, submittal to State Aid, bidding and construction assistance and final project close-out. We
propose to be paid for the work we do on an hourly basis based on direct labor costs, plus the actual cost of
reimbursable expenses.
All work, as defined above, will be done on an hourly basis (plus reimbursable expenses) for an overall
cost not-to-exceed of $24,500.00. This cost will not be exceeded except as otherwise approved by the City.
For your information, our estimated costs for each task on the project are as follows (for the overall cost
not-to-exceed of $24,500.00):
Survey and Utility Coordination $3,100
Flasher Justification Reports $500
Flasher System Design $7,500
Pedestrian Curb Ramp Design $5,000
Bidding Assistance $2,400
Construction Assistance $6,000
Mr. R.J. Kakach, PE
December 20, 2021
Page 5
The above costs do not include attending any City Council meetings or City Manager/Committee meetings.
Attached is a detailed work plan and fee estimate (Exhibit B) to provide these services
Any additional tasks added to or deleted from this project (due to significant changes in the general scope
of the project or its design including, but not limited to, changes in size, complexity of character or type of
construction) shall be by written amendment to the contract signed by both parties.
If this document satisfactorily sets forth your understanding of the project and our agreement, please sign
below and return one (1) signed copy to our office for our records.
We look forward to the opportunity to provide the work stated above to the City of Golden Valley. Feel
free to contact John Gray at 651.402.4383 if you have any questions or comments regarding the project.
Respectfully Submitted,
SHORT ELLIOTT HENDRICKSON INC.
John M. Gray, PE
Project Manager/Senior Professional Traffic Engineer
c: Erin Jordan, SEH
Mr. R.J. Kakach, PE December 20, 2021 Page 6
EXHIBIT B
FEE SCHEDULE
SHORT ELLIOTT HENDRICKSON INC.
SEH Hourly Billable Rates – 2022
Classification – Office Staff Billable Rate(1)
Principal $175 - $295
Project Manager $145 - $260
Senior Project Specialist $140 - $240
Project Specialist $105 - $190
Senior Professional Engineer I $120 - $195
Senior Professional Engineer II $145 - $245
Professional Engineer $110 - $180
Graduate Engineer $90 - $150
Senior Architect $130 - $230
Architect $115 - $165
Graduate Architect $90 - $120
Senior Landscape Architect $120 - $185
Landscape Architect $100 - $135
Graduate Landscape Architect $90 - $110
Senior Scientist $135 - $185
Scientist $95 - $150
Graduate Scientist $85 - $115
Senior Planner $135 - $230
Planner $105 - $165
Graduate Planner $95 - $130
Senior GIS Analyst $115 - $190
GIS Analyst $105 - $130
Project Design Leader $125 - $200
Lead Technician $110 - $185
Senior Technician $95 - $150
Technician $65 - $125
Graphic Designer $95 - $160
Administrative Professional $55 - $140
Classification – Field Staff Billable Rate(1)
Professional Land Surveyor $115 - $175
Lead Resident Project Representative $100 - $170
Sr. Project Representative $95 - $150
Project Representative $80 - $135
Survey Crew Chief $90 - $150
Survey Instrument Operator $60 - $105
(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, 2022
Expires: December 31, 2022
SHORT ELLIOTT HENDRICKSON INC.
SEH Schedule of Expenses – 2022
Vehicle Mileage Rates
2022 IRS Rate ................................................................................... TBD
Vehicle Allowance Costs
Resident Project Representative .............................................. $16.00/day
Survey and Field Vehicle ............. $4.50/hour + 2022 IRS mileage rate/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; 3-D printers; drones,
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 (1) (2)
Item 8½x11 11x17 Large Format Per Item
Black/White Copy (3) 0.07 0.24 0.95 + 0.50/sq. ft.
Color Copy (3) 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"x 42"
– larger than 40"x 60"
40.00
75.00
3-Ring Binder size 1” 2” 3” 4”
cost 3.20 4.80 5.60 7.24
Machine Folding 0.02
Binding
wire
comb
3.60
3.20
Covers
custom
blank
0.15
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.
Golden Valley City Council Meeting
January 4, 2022
Agenda Item
3. B. 4. Approve Updated Municipal Legislative Commission Joint Cooperative Agreement
Prepared By
Tim Cruikshank, City Manager
Summary
The Municipal Legislative Commission (MLC), a group of metro area cities, was created a number of
years ago to advocate for similar issues at the Legislature. The City of Golden Valley officially became
part of this group in 2021. Due to changes in membership as well as the age of the Joint Cooperative
Agreement (JCA), amendments were needed to reflect these changes and to bring the document
current. Each member City Council is being asked to approve the proposed new JCA. A summary of
the proposed amendments as well as a clean version are attached for your reference.
Recommended Action
Motion to Approve Updated Municipal Legislative Commission Joint Cooperative Agreement.
Supporting Documents
• Summary of proposed amendments (1 page)
• Proposed Updated Municipal Legislative Commission JCA (6 pages)
MK_MPLS\4495\38\2448627.v1-12/13/21
MUNICIPAL LEGISLATIVE COMMISSION
Summary of Proposed Amendments to Joint and Cooperative Agreement
December, 2021
The Municipal Legislative Commission (the “MLC”) operates pursuant to a Joint and Cooperative
Agreement (the “JCA”) among the MLC member municipalities (the “Members”). The Board of
Directors of the MLC has approved certain amendments to the JCA and has submitted a proposed
form of amended and restated JCA to the Members for approval. Amendments to the JCA require
unanimous written approval of the governing councils of all Members.
The following is a summary of the proposed substantive amendments to the JCA:
• Provisions regarding Board meetings, financial information, officers and committees are
moved to the Bylaws. (The Bylaws can be amended by a 2/3 vote of the Board of Directors
and do not need to be approved by all Members.)
• The concept of Associate Members has been eliminated.
• Additional Members can be admitted by majority vote of the Board of Directors rather than
majority vote of the Members.
• The requirement of annual audits is eliminated. (The Bylaws will require audits at least
every other year.)
• The requirement of an annual meeting of Members is eliminated.
• Email communication is added as an option in giving formal notices.
• The authority of the Operating Committee is limited to making recommendations to the
Board of Directors. The Operating Committee will not have authority to make binding
decisions for the MLC unless granted that authority by specific Board resolution.
• Any Member who chooses to withdraw from the MLC is obligated to pay dues for the year
of withdrawal unless notice of withdrawal is given to the MLC Chair and Executive
Director at least 105 days prior to the first day of the next calendar year.
• Upon dissolution and liquidation of the MLC, the remaining assets will be distributed to
the Members in proportion to their respective dues paid in the most recent full calendar
year.
1
Adopted February ___, 1984
Amended July 19, 1995
Amended July 27, 2000
Amended and Restated ______, 2021
JOINT AND COOPERATIVE AGREEMENT
PRELIMINARY STATEMENT
The parties to this Agreement are governmental units of the State of Minnesota. Minnesota
Statutes Section 471.59 permits two or more sub-units, by agreement of their governing bodies, to
jointly and cooperatively exercise any power common to each of them. Pursuant to statutory
authorization, the parties to this Agreement have chosen to execute a joint powers agreement providing,
in essence, for the development of legislative programs on matters of mutual concern and interests.
ARTICLE 1.
GENERAL PURPOSE
The primary purpose of this Agreement is for the member municipalities (the “Members”) to
jointly and cooperatively develop legislative programs on matters of mutual concern and interest, and
to identify, review, and actively oppose proposals which may be in conflict with the interests of the
Members.
The organization formed pursuant to this Agreement will be funded by Members’
contributions, as herein specified, with contributions being used for the retention of professional
assistance, information preparation and dissemination, research, and other activities that may from time
to time be authorized by the governing body of the organization.
ARTICLE 2.
NAME
The Members hereto agree to establish an organization to be known as the Municipal
Legislative Commission (the “Commission”) to carry out the objectives of this Agreement.
ARTICLE 3.
DEFINITION OF TERMS
For the purpose of this Agreement, the terms defined in this Article shall have the meanings
given them by this Article.
3.1) “Agreement” means this Joint and Cooperative Agreement, as amended from time to
time and as joined by additional Members in the manner provided in Article 4 of this
Agreement.
2
3.2) “Board” or “Board of Directors” means the governing body of the Commission.
3.3) “Bylaws” means the bylaws of the Commission adopted by the Board of Directors, as
amended from time to time.
3.4) “Commission” means the organization created pursuant to this Agreement.
3.5) “Council” means the governing body of a Member.
3.6) “Directors” means the persons appointed pursuant to this Agreement to serve on the
Board of Directors.
3.7) “Operating Committee” means the committee established pursuant to Article 9 of this
Agreement.
3.8) “Member” means a municipality which has entered into this Agreement.
ARTICLE 4.
ADDITIONAL MEMBERS
Following the effective date of this Agreement, any Minnesota municipality that is not then a
Member may become an additional Member upon approval by a majority vote of all Directors. A
municipality that has been approved to become an additional Member shall enter into this Agreement
by duly executing a counterpart copy of this Agreement. The additional Member shall file the signed
counterpart copy of this Agreement, together with a certified copy of the authorizing resolution of the
additional Member’s Council, with the Commission’s Chair and Executive Director.
ARTICLE 5.
EFFECTIVE DATE
The original effective date of this Agreement was February ___, 1984. It was most recently
amended and restated effective as of ________, 2021.
ARTICLE 6.
POWERS AND DUTIES OF THE COMMISSION
6.1) The powers and duties of the Commission shall include the powers set forth in this
article.
6.2) The Commission may establish legislative programs embodying proposed legislation
and positions on proposed legislation.
6.3) The Commission may take such action as it deems necessary and appropriate to
accomplish the general purpose of the Commission.
3
6.4) The Commission may consult with persons knowledgeable in the legislative process
and persons having a special interest therein, such as legislators, research
organizations, educational institutions, other political subdivisions, municipal
organizations, regulatory organizations, technical experts, and any other persons who
can provide pertinent information concerning legislation of interest to the Commission.
6.5) The Commission may provide for the prosecution, defense, or other participation in
actions or proceedings at law in which it may have an interest, and may employ counsel
for that purpose.
6.6) The Commission may conduct such research and investigation and take such action as
it deems necessary, including participation and appearance in proceedings of any
metropolitan, state, federal, regulatory, or legislative or administrative bodies, on any
proposed or existing law, bill, or recommendation related to or affecting any or all
Members.
6.7) The Commission may enter into any contracts deemed necessary by the Board to carry
out the Commission’s powers and duties, subject to the provisions of this Agreement.
6.8) The Commission may contract with any of the Members or others to provide space,
services, or materials on its behalf. Any contracts let or purchases made shall conform
to the requirements applicable to Minnesota statutory cities.
6.9) The Commission may accept gifts, apply for use grants, enter into agreements required
in connection therewith and hold, use and dispose of money or property received as a
gift or grant in accordance with the terms thereof.
6.10) The Commission may exercise any other powers necessary or incidental to the
implementation of its powers and duties.
ARTICLE 7.
BOARD OF DIRECTORS
7.1) The governing body of the Commission is its Board of Directors. Each Member is
entitled to appoint two (2) Directors. The Council of each Member shall appoint its two
Directors, one of whom shall be the Member’s City Manager or Administrator (the
Member’s “appointed Director”) and the other of whom shall be the Mayor or another
elected official from the Council of the Member (the Member’s “elected Director”).
Each Member is entitled to one vote on each matter to come before the Board, to be
cast by the Member’s elected Director or, in his or her absence, by the Member’s
appointed Director or by a proxy designated under Section 7.2 below. Directors shall
serve without compensation from the Commission, but this shall not prevent a Member
from compensating one or both of its Directors for service on the Board, if such
compensation is authorized by the Member and is not prohibited by law.
7.2) Proxy voting by Directors shall be permitted. A proxy must be designated in writing
by a Member’s elected Director or, in the elected Director’s absence, by the Member’s
4
appointed Director. Any individual designated as a proxy must be present at the
meeting to vote.
7.3) Each Director shall serve until that Director’s successor is appointed and assumes his
or her responsibilities. Directors shall serve at the pleasure of the Member appointing
them. When the Council of a Member appoints a Director, it shall give notice of such
appointment in writing or by e-mail to both the Commission’s Chair and the
Commission’s Executive Director. Such notice shall include the mailing address and
e-mail address of the Director so appointed. The names and addresses shown on such
notices may be used as the official names and addresses for the purposes of giving
notices of any meetings of the Board.
7.4) A majority of the Members represented by at least one (1) Director or proxy entitled to
vote shall constitute a quorum for conducting business at a meeting of the Board.
7.5) A vacancy on the Board shall be filled by the Council of the Member whose position
on the Board is vacant. During the time that one or more vacancies exist, the Board
shall continue to have full power and authority to conduct business and a majority of
the Members represented by at least one (1) Director or proxy entitled to vote shall be
sufficient to constitute a quorum.
7.6) The Board of Directors may delegate its authority to the Operating Committee between
meetings of the Board. Such delegation of authority shall be by resolution of the Board
or as provided in the Bylaws and may be conditioned in such manner as the Board may
determine.
7.7) Meetings and proceedings of the Board shall be conducted as set forth in the Bylaws.
ARTICLE 8.
BYLAWS
The Board shall adopt Bylaws governing the meetings and proceedings of the Board, the
officers of the Commission, committees, financial matters, and any other matters concerning the
Commission that are not inconsistent with the provisions of this Agreement. Bylaws may be amended
from time to time by the vote of at least two-thirds (2/3) of all Directors or their authorized proxies.
ARTICLE 9.
OPERATING COMMITTEE
The Operating Committee of the Commission shall consist of the appointed Directors of the
Members. The Operating Committee shall make recommendations to the Board regarding the
property, operations, affairs and business of the Commission. Except as provided in the Bylaws or by
Board resolution, the Operating Committee shall not have the authority of the Board. The Operating
Committee shall be subject at all times to the control and direction of the Board.
ARTICLE 10.
5
WITHDRAWAL
10.1) Withdrawal – Any Member may withdraw from the Commission effective on January
1 of any year by giving notice pursuant to Section 10.2 below prior to September 15
of the preceding year.
10.2) Notice – In order to effectuate a withdrawal, a Member withdrawing from the
Commission shall give notice in writing or by e-mail to both the Commission’s Chair
and the Commission’s Executive Director. Such notice shall include a copy of a
resolution of the withdrawing Member’s Council stating its decision to withdraw from
the Commission. Upon receipt of such notice and resolution, the Chair of the
Commission shall forward a copy of the notice and resolution to each Director. Any
notice of withdrawal not actually received by the Chair at least 105 days prior to the
first day of any calendar year shall be effective on January 1 of the subsequent
calendar year unless the notice deadline is waived by a resolution of the Board.
10.3 Financial Effect of Withdrawal – A Member who withdraws effective as of January 1
of a calendar year shall not be obligated to pay dues to the Commission for such
calendar year. A withdrawing Member shall not be entitled to any payment or
financial benefit from the Commission and shall not be entitled to any refund or
reimbursement for any dues or other contribution made by the withdrawing Member.
ARTICLE 11.
DISSOLUTION
11.1) Duration of Commission – The Commission shall be dissolved if less than four (4)
Members remain, or by operation of state or federal law or regulation, now or hereafter
enacted, or by mutual signed agreement of all remaining Members.
11.2) Distribution of Assets – Upon dissolution of the Commission, all remaining assets of
the Commission, after payment of all obligations, shall be distributed among the
Members that are Members of the Commission at the time of dissolution, in proportion
to their respective dues paid in the most recent full calendar year, and in accordance
with procedures established by the Board of Directors. The Commission shall
continue to exist after dissolution for such period, no longer than six (6) months, as is
necessary to wind up the Commission’s affairs, but for no other purposes.
ARTICLE 12.
AMENDMENTS
This Agreement may be amended only by the unanimous written approval of the Councils of
all Members.
6
IN WITNESS WHEREOF, the municipality of _______________________ has joined in and
caused a counterpart of this Agreement to be signed on its behalf this ___ day of ___________, 2021.
By:_________________________
Its: Mayor
By:_________________________
Its: City Manager
MK_MPLS\4495\38\2376189.v4-11/3/21
Golden Valley City Council Meeting
January 4, 2022
Agenda Item
3. C. 1. Approve Resolution No. 22-001 to Transfer American Rescue Plan Act (ARPA) Funds to the
Housing and Redevelopment Authority (HRA) to Implement a Rent and Household Assistance Program
and to approve the Grant Agreement for the Golden Valley Rent and Household Assistance Fund.
Prepared By
Sue Virnig, Finance Director
Cherie Shoquist, Housing and Economic Development Manager
Summary
The Federal Government recently allocated $2.2M in ARPA Funds to the City of Golden Valley to assist
with expenses and impacts related to the COVID-19 Pandemic. The Treasury Department has provided
guidance regarding the use of the funds. The guidance states that ARPA funds may be used to
respond to the public health emergency or its negative economic impacts including assistance to
households or populations facing negative economic impacts due to COVID-19 including: 1) rent
assistance, assistance to prevent evictions or homelessness; 2) food assistance; and 3) ARPA funds
may be allocated to non-profits to distribute the assistance.
Rental assistance and food distribution are not functions typically done by cities, and staff does not
have the knowledge or resources to disburse ARPA funds directly, quickly, or appropriately to
households. Therefore, staff has met with representatives of PRISM, the City’s local food shelf and
housing assistance provider, and discussed allocating $100,000 to PRISM to distribute funds for rental
and household assistance. If approved, funds will be distributed in two allocations: $45,000 in 2022
and $45,000 in 2023. If approved, the remaining $10,000 will be dedicated to housing services. PRISM
has the staff, experience, and infrastructure to assess the needs of households, distribute appropriate
resources effectively, and document the use of grant funds for the City’s audit needs.
Since the COVID-19 outbreak and closures, PRISM, the City’s local food shelf and housing assistance
provider, has provided food and household assistance to 7,045 households, nearly triple the number of
households served in fiscal year 2018-2019. PRISM provided rental assistance, referrals, and case
management to prevent eviction of 483 households in fiscal year 2020-2021. PRISM reports a
continued need for services due to the ongoing negative impacts due to COVID-19, slow return to full
employment, rent increases, food prices increasing with limited availability, and the end of the eviction
moratorium.
City Council Regular Meeting Executive Summary
City of Golden Valley
January 4, 2022
2
To address these needs within Golden Valley, a rent and household assistance program was
developed by the HRA in 2020. The establishment, administration, and implementation of the Rent
and Household Assistance Program was approved by the HRA on December 7, 2021.
Staff is requesting Council to adopt the attached Grant Agreement and Resolution transferring a
portion of the ARPA funds received by the Federal Government to the HRA to fund the continued
implementation of the program.
Financial Or Budget Considerations
Funding for the Rent and Household Assistance Fund will come from the City’s ARPA allocation.
Recommended Action
Motion to Adopt Resolution No. 22-001 Transferring ARPA Funds to the HRA to implement a Rent and
Household Assistance Program and to Approve the Grant Agreement for the Golden Valley Rent and
Household Assistance Fund.
Supporting Documents
• Resolution No. 22-001 Transferring ARPA Funds to the HRA to implement a Rent and Household
Assistance Program
• Nonprofit Vendor Agreement City of Golden Valley 2022 Grant Program (22 pages)
RESOLUTION NO. 22-001
RESOLUTION ALLOCATING ARPA FUNDS TO HRA TO IMPLEMENT A RENT AND
HOUSEHOLD ASSISTANCE PROGRAM
WHEREAS the COVID-19 pandemic has impacted residents of Golden Valley through job loss
and illnesses, placing extraordinary financial and emotional demands on households; and
WHEREAS increased demand for food assistance has been documented by PRISM, the local
food shelf, since the start of the pandemic and an increased need for rental assistance due to
the lifting of the Governor’s eviction moratorium; and
WHEREAS the Federal Government has allocated to the City of Golden Valley over $2.2M in
ARPA funds to mitigate the costs and impacts of the COVID-19 pandemic within the City; and
WHEREAS the guidance from the Department of the Treasury, 31 CFR Part 35 RIN 1505-
AC77, states that ARPA funds may be used to respond to the public health emergency or its
negative economic impacts including assistance to households or populations facing negative
economic impacts due to COVID-19 including: 1) rent assistance, assistance to prevent
evictions or homelessness, 2) food assistance, and 3) ARPA funds may be allocated to non-
profits to distribute the assistance; and
WHEREAS Minnesota Statues 465.039 authorize the governing body statutory city, or of a to
appropriate each year out of its general fund, or other unrestricted money, an amount to be
determined by the governing body to provide grants to nonprofit organizations operating
community food shelves that provide food to the needy without charge.
WHEREAS On December 7, 2021, the Golden Valley Housing and Redevelopment Authority
approved the establishment, administration, and implementation of the Golden Valley Rent and
Household Assistance Program;
WHEREAS On December 7, 2021, the Golden Valley Housing and Redevelopment Authority
approved the distribution of the ARPA funds in two allocations, $45,000 in 2022 and $45,000 in
2023, if authorized by the Golden Valley City Council;
NOW, THEREFORE, BE IT RESOLVED by the Golden Valley City Council to transfer $90,000
of the City’s ARPA allocation to the HRA to distribute in two allocations, $45,000 in 2022 and
$45,000 in 2023, for rent and food assistance to eligible residents in Golden Valley.
Adopted by the City Council of Golden Valley, Minnesota this 4th day of January 2022.
____________________________________
Shepard M. Harris, Mayor
ATTEST:
_______________________
Theresa Schyma, City Clerk
1
Agreement No.
NONPROFIT VENDOR AGREEMENT CITY
OF GOLDEN VALLEY
2022 GRANT PROGRAM
THIS AGREEMENT is made and entered into by and between the Housing and
Redevelopment Authority in and for the City of Golden Valley (“HRA”), a Minnesota
municipal corporation, 7800 Golden Valley Road, Golden Valley, Minnesota 55427, and
People Responding in Social Ministry (“Vendor”), 1220 Zane Ave. N., Golden Valley, MN
55422.
WITNESSETH
WHEREAS, the Coronavirus State and Local Fiscal Recovery Fund established under the
American Rescue Plan Act of 2021(“ARPA Funds”), 117 Public Law 117-2, (“ARPA”) was
signed into law by the President of the United States on March 11, 2021 and provided for funds
to be allocated to local governments, including HRA, to provide additional relief to address the
continued impact of COVID-19 on the economy, public health, state and local governments,
individuals and businesses;
WHEREAS, the Minnesota Legislature established a process for distributing funds
provided by ARPA and distributed $2.2M (the “ARPA Funds”) to HRA (via the City of Golden
Valley) to mitigate the costs and impacts of the COVID-19 pandemic within the City of Golden
Valley; and
WHEREAS, guidance from the Treasure Department states the ARPA Funds may be (1)
used to assist households or populations facing negative impacts due to COVID-19, (2) this
assistance includes food assistance; rent, mortgage or utility assistance; and counseling and legal
aid to prevent eviction or homelessness; and (3) allocated to non-profits to distribute assistance
to individuals in need of financial assistance related to COVID-19; and
WHEREAS, on June 21, 2020 the City of Golden Valley and the Housing and
Redevelopment Authority in and for the City of Golden Valley approved the Golden Valley
Rent and Household Assistance Program (“the Program”) which authorized the use of the City
of Golden Valley’s CARES Act funds (the “CARES Funds”) for homelessness prevention and
food assistance in the City of Golden Valley; and
WHEREAS, on December 7, 2021the City of Golden Valley and the Housing and
Redevelopment Authority in and for the City of Golden Valley approved the use of the City of
Golden Valley’s ARPA Funds for the Program for homelessness prevention and food assistance
in the City of Golden Valley; and
2
WHEREAS, Vendor applied for a $100,000 grant under the Program to allow PRISM’s
Homelessness Prevention Program and Marketplace Food Shelf to continue to provide financial
assistance for people at-risk of losing their homes due to the COVID-19 emergency;
NOW, THEREFORE, the parties hereunto do hereby agree as follows:
1. SCOPE OF SERVICES
A. VENDOR shall expend all or any part of its ARPA Funds allocation only on the
activities identified in Exhibit 1 and Exhibit 2 subject to the requirements of this
Agreement and the stipulations and requirements set forth in Exhibit 1 to this
Agreement.
B. VENDOR shall take all necessary actions, not only to comply with the
stipulations as set out in Exhibits 1 and 2, but to comply with any requests by the
HRA; it being understood that the HRA is responsible to the federal government
and the State of Minnesota for ensuring compliance with such requirements.
VENDOR will also give the HRA prior written notice of any changes in the scope
or character of its activities which it intends to implement using the ARPA Funds.
C. VENDOR shall submit all necessary documentation applicable to each
specific activity and use of the ARPA Funds and will provide copies of all
documents and records needed to ensure that the VENDOR has complied
with the appropriate regulations and requirements.
2. TERM OF AGREEMENT
The effective date of this Agreement is January 1, 2022. The termination date of this
Agreement is the earlier of December 31, 2022, or such time as the activity constituting
this Agreement is satisfactorily completed. Upon expiration, VENDOR shall relinquish to
the HRA all program funds unexpended and uncommitted.
3. THIRD PARTY AGREEMENTS
VENDOR may not subcontract this Agreement or the services to be performed
hereunder, whether in whole or in part, nor shall VENDOR otherwise assign, transfer, or
pledge this Agreement or the services to be performed hereunder, whether in whole or in
part, without the prior consent of the HRA.
4. AMENDMENTS TO AGREEMENT
Any material alterations, variations, modifications or waivers of provisions of this
Agreement shall only be valid when reduced to writing as an Amendment to this
Agreement signed, approved and properly executed by the authorized representatives of
the parties.
3
5.PAYMENT OF CARES FUNDS
The HRA agrees to provide VENDOR with ARPA Funds not to exceed $45,000. It is
understood that the HRA shall be held accountable to the federal government and the
State of Minnesota for the lawful expenditure of ARPA Funds under this Agreement.
6.INDEMNITY AND INSURANCE
A.VENDOR does hereby agree to defend, indemnify, and hold harmless the HRA, its
elected officials, officers, agents, volunteers and employees from and against all
costs, expenses, claims, suits or judgments arising from or growing out of any
injuries, loss or damage sustained by any person or corporation, including
employees of VENDOR and property of VENDOR, which are caused by or
sustained in connection with the tasks carried out by the VENDOR under this
Agreement.
B.VENDOR does further agree that, in order to protect itself as well as the HRA under
the indemnity agreement provisions herein above set forth, it will at all times during
the term of this Agreement and any renewal thereof have and keep in force: a
single limit or combined limit or excess umbrella commercial and general liability
insurance policy of an amount of not less than $1,000,000 for property damage
arising from one occurrence, $1,000,000 for damages arising from death and/or
total bodily injuries arising from one occurrence, and $1,000,000 for total personal
injuries arising from one occurrence. Such policy shall also include contractual
liability coverage protecting the HRA, its officers, agents, and employees by a
certificate acknowledging this Agreement between the VENDOR and the HRA.
7.CONFLICT OF INTEREST
A.In the procurement of supplies, equipment, construction, and services by the
VENDOR, the conflict of interest provisions in 24 CFR 85.36 and OMB Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards (Uniform Grant Guidance), as applicable, shall apply.
B.In all other cases, the provisions of 24 CFR 570.611 shall apply.
8.DATA PRIVACY
VENDOR agrees to abide by the provisions of the Minnesota Government Data Practices
Act and all other applicable state and federal laws, rules, and regulations relating to data
privacy or confidentiality, and as any of the same may be amended. VENDOR agrees to
defend, indemnify and hold the HRA, its elected officials, officers, agents, volunteers and
employees harmless from any claims resulting from VENDOR'S unlawful disclosure and/
or use of such protected data.
9.SUSPENSION OR TERMINATION
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A. If VENDOR materially fails to comply with any term of this Agreement or so fails to
administer the work as to endanger the performance of this Agreement, this shall
constitute noncompliance and default. Unless the VENDOR'S default is excused by
the HRA, the HRA may immediately cancel this Agreement in its entirety.
B. HRA'S failure to insist upon strict performance of any provision or to exercise
any right under this Agreement shall not be deemed a relinquishment or waiver
of the same. Such consent shall not constitute a general waiver or
relinquishment throughout the entire term of the Agreement.
C. This Agreement may be cancelled with or without cause by either party upon thirty
(30) days' written notice.
D. ARPA Funds allocated to VENDOR under this Agreement may not be obligated or
expended by VENDOR following such date of termination. Any funds allocated to
VENDOR under this Agreement which remain unobligated or unspent following
such date of termination shall automatically revert to HRA.
10. PROCUREMENT
VENDOR shall be responsible for procurement of all supplies, equipment, and services,
and construction necessary for implementation of its Activity. Procurement shall be
carried out in accordance with the "Common Rule" Administrative Requirements in 24
CFR 85. VENDOR shall prepare, or cause to be prepared, all advertisements,
negotiations, notices, and documents, enter into all contracts, and conduct all meetings,
conferences, and interviews as necessary to ensure compliance with the above described
procurement requirements.
11. ADMINISTRATIVE REQUIREMENTS
The uniform administrative requirements delineated in 24 CFR 570.502 and any and all
administrative requirements or guidelines promulgated by the HRA shall apply to all
activities undertaken by the VENDOR provided for in this Agreement and to any program
income generated therefrom.
12. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY
A. During the performance of this Agreement, VENDOR agrees to the following: No
person shall be excluded from full employment rights or participation in, or the
benefits of, any program, service or activity on the grounds of race, color, creed,
religion, age, sex, disability, marital status, sexual orientation, public assistance
status, or national origin; and no person who is protected by applicable federal or
state laws against discrimination shall be otherwise subjected to discrimination.
B. The VENDOR will furnish all information and reports required to comply with the
provisions of 24 CFR Part 570 and all applicable state and federal laws, rules, and
regulations pertaining to discrimination and equal opportunity.
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13. NON-DISCRIMINATION BASED ON DISABILITY
A. The VENDOR shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, to ensure that no otherwise qualified individual with a handicap, as
defined in Section 504, shall, solely by reason of his or her handicap, be excluded
from participation in, be denied the benefits of, or be subjected to discrimination by
VENDOR receiving assistance from HRA.
B. When and where applicable, the VENDOR shall comply with, and make best efforts
to have its third party providers comply with, Public Law 101-336 Americans With
Disabilities Act of 1990, Title I "Employment," Title II "Public Services" - Subtitle A,
and Title III "Public Accommodations and Services Operated By Private Entities"
and all ensuing federal regulations implementing said Act.
14. LOBBYING
A. No federal appropriated funds have been paid or will be paid, by or on behalf of
VENDOR, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal Grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement VENDOR will complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
15. OTHER CDBG POLICIES
The VENDOR shall comply with the applicable section of 24 CFR 570.200, particularly
sections (b) (Special Policies Governing Facilities); (c) (Special Assessments);
(f) (Means of Carrying out Eligible Activities); and (j) (Faith-Based Activities).
16. RECORD-KEEPING
VENDOR shall maintain records of the receipt and expenditure of all ARPA Funds, such
records to be maintained in accordance with OMB Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards (Uniform Grant Guidance)
and the "Common Rule" Administrative Requirements in 24 CFR 85 and in accordance
with OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards (Uniform Grant Guidance), as applicable. All records
6
shall be made available upon request of the HRA for inspection/s and audit/s by the HRA
or its representatives. If a financial audit/s determines that the VENDOR has improperly
expended CDBG funds, resulting in the U.S. Department of Housing and Urban
Development (HUD) disallowing such expenditures, the HRA reserves the right to recover
from the VENDOR such disallowed expenditures from non-CDBG sources. Audit
procedures are specified below in Section 28 of this AGREEMENT.
17. ACCESS TO RECORDS
HRA shall have authority to review any and all procedures and all materials, notices,
documents, etc., prepared by VENDOR in implementation of this Agreement, and
VENDOR agrees to provide all information required by any person authorized by HRA
to request such information from VENDOR for the purpose of reviewing the same.
18. AUDIT
VENDOR agrees to provide HRA with an annual audit consistent with the Single Audit
Act OMB Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (Uniform Grant Guidance) and, to certify and assure
compliance with the financial standards as set forth in Exhibit 1 to this AGREEMENT.
A. The VENDOR agrees to provide HRA with an annual audit consistent with the
requirements as stated in the first paragraph of this section above. The audit shall
be completed and submitted to HRA within the earlier of 30 days after receipt of
the auditor’s report(s), or nine months after the end of the audit period.
B. HRA will issue a management decision on audit findings within six months after
receipt of the audit report and ensure that the HRA takes appropriate and timely
corrective action.
C. In those instances where less than $750,000 in assistance is expended from all
Federal sources in any one fiscal year, and a single audit is not required, the HRA
requests the following information within the same timeframe as in A., above: (1)
annual financial statements, (2) independent auditor’s report on internal control
over financial reporting based on an audit of financial statements performed in
accordance with government auditing standards, and (3) the Management Letter.
D. The cost of the audit is not reimbursable from ARPA Funds.
E. The HRA reserves the right to recover from the VENDOR'S non-ARPA Funds
any expenses which are disallowed by an audit.
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HRA EXECUTION
IN WITNESS WHEREOF, the parties hereto agree the day and year first above written.
CITY OF GOLDEN VALLEY
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF
GOLDEN VALLEY
By: __________________________________
Shepard M. Harris, Mayor
By: __________________________________
Timothy J. Cruikshank, City Manager
By: __________________________________
Maurice Harris, Chair
By: __________________________________
Timothy J. Cruikshank, Director
13
VENDOR EXECUTION
IN WITNESS WHEREOF, the parties hereto agree the day and year first above written.
PRISM
By: __________________________________
Name: ________________________________
Title: _________________________________
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EXHIBIT 1
PROGRAM DESCRIPTION
Golden Valley Rent and Household Assistance Program
January 2022
PURPOSE
The City of Golden Valley / Golden Valley HRA has received funding from the federal CARES Act and
ARPA and has established the Golden Valley Rent and Household Assistance Fund to assist qualified
renters and households during the COVID-19 pandemic. The purpose of the Fund is twofold. First, the
Fund seeks to assist residents who may be struggling to pay rent and utilities due to impacts of COVID-
19 pandemic, such as job loss. Secondly, the Fund seeks to assist households impacted by COVID-19 with
food and other basic household necessities.
Guidance provided by the Treasury Department states that funds may be used to:
• Prevent evictions and assist in preventing homelessness due to COVID 19.
• Provide emergency assistance to individuals and families directly impacted by a loss of income
due to COVID-19.
• Non-profits to distribute assistance to individuals in need of financial assistance related to
COVID-19.
OBJECTIVES
The program aims to assist renters in making rent and utility payments, as well as assist residents in
meeting food and other household needs in order to:
• Promote safe and stable housing for renters affected by the COVID-19 pandemic.
• Avoid eviction and homelessness due to the non-payment of rent or disconnection of utilities.
• Support residents in recovering from the impacts of the COVID-19 pandemic by providing
assistance for food and other basic household needs.
• Support property owners in continuing to provide affordable housing options in Golden Valley
by supporting their tenants.
ELIGIBILITY FOR RENT & UTILITY ASSISTANCE
• Recipients must reside in Golden Valley;
• Have total gross annual income (before deducting taxes) of 50% or less of the area median
income (AMI);
• Have lost income or experienced other financial hardship due to the COVID-19 pandemic;
• Use funds for:
• Late rent and rent due within 15 days
• Utility payments both due and in arrears; and
• Meet the following household income limits:
• 50% AMI
• 30% AMI
ADDITIONAL CONSIDERATIONS FOR RENT & UTILITY ASSISTANCE
• Priority will be given to households with incomes below 30% of the area median income.
• Households are eligible irrespective of immigration or documentation status.
• The amount of assistance provided will depend on the individual needs of the household, taking
into consideration other resources the household is eligible to receive.
• Payments will be made directly to the rental property owner and/or utility company.
• The Fund may provide up to two months of assistance payments for rent and utilities may be
provided to any one household.
• Assistance must be for rent and or utility expenses due prior to November 15, 2022 or 2023.
• Fund payments must be made by December 31, 2022 or 2023.
USE OF FUNDS FOR FOOD AND HOUSEHOLD ASSISTANCE
The allocation for food and household assistance shall be used to support PRISM’s distribution of food
and other household necessities to residents arising from the increased demand for assistance due to
the COVID 19 pandemic. Funds may be used to purchase food, pay for additional staff to package food,
and associated costs of distributing food to the community. $45,000 of the expenditures must be
incurred by December 1, 2022 and $45,000 of the expenditures must be incurred by December 1, 2023.
DISBURSEMENT OF FUNDS AND ADMINISTRATION
The City of Golden Valley will allocate $90,000 from its ARPA funds to the Rental and Household
Assistance Fund for the purposes and objectives stated above. The City may allocate additional funds to
the Program depending on need and availability of funds. The City intends for PRISM, Golden
Valley’s local food shelf and a housing assistance services provider, to administer funds in accordance
with the CARES Act requirements. The City and PRISM will enter into a grant agreement for the
administration of the funds. The allocations shall be in the following proportions:
• 50% of the allocation shall be directed towards rental assistance;
• 50% of the allocation shall be directed towards funding of food and household assistance
activities.
• Up to 10% of the allocation may be used for administrative and overhead purposes.
• The proportion of funds allocated for rental assistance and food and household assistance-
activities may deviate by up to 10% and PRISM will provide immediate notice to the City of such
deviation.
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EXHIBIT 2: GRANT APPLICATION
1 | PRISM
Grant Application Cover Sheet
You may reproduce this form on your computer
Date of application: November 29, 2021 Application submitted to: City of Golden Valley
Organization Information
PRISM
Name of organization Legal name, if different
1220 Zane Ave N. Golden Valley, MN, 55422 41-1442049
Address City, State, Zip Employer Identification Number (EIN)
(763) 529-1350 (763) 529-1454 www.prismmpls.org
Phone Fax Website
Michelle Ness, MSW, LISW Executive Director (763)432-4201 mness@prismmpls.org
Name of top paid staff Title Phone
E-mail
Rebecca Stabler Grant Writer & Evaluation Coordinator (763)432-4212 rstabler@prismmpls.org
Name of contact person
regarding this application
Title Phone
E-mail
Is your organization an IRS 501(c)(3) not-for-profit? x Yes No
If no, is your organization a public agency/unit of government? Yes No
If no, check with funder for details on using fiscal agents, and list name and address of fiscal
agent:
Fiscal agent’s EIN number
Proposal Information
Please give a 2-3 sentence summary of request:
A grant from the City of Golden Valley will support PRISM’s basic needs programs. In fiscal year 20-21, our basic needs
programs served 5,549 unduplicated individuals in the Marketplace Food Shelf and 483 households in the Homelessness
Prevention Program.
Population served:
Low-income individuals and families of all ages, ethnicities, and
cultural backgrounds.
Geographic area served:
Golden Valley, New Hope, Robbinsdale, Crystal,
Plymouth, and surrounding cities.
Funds are being requested for (check one) Note: Please be sure funder provides the type of support you are requesting.
X General operating support Start-up costs Capital
Project/program support Technical assistance Other (list)
Project dates (if applicable): January 2022-
December 2024
Fiscal year end: September 30
Budget
Dollar amount requested:
$$45,000 per term; $90,000 for 2 years,
which includes $9,000 allocated to
administrative fees
Total annual organization budget:
2 | PRISM
$ 5,186,771
Total project budget (for support other than general operating): n/a
Authorization
Name and title of top paid staff or board chair: Michelle Ness MSW, LISW, Executive Director
Signature
PRISM Statement of Need for Golden Valley Funding Regarding Housing:
Additional grant dollars from the City of Golden Valley gives PRISM flexibility to keep people
in Golden Valley housed. Possibly there are participants who missed the filing deadline or made
a mistake on the application or were not able to get all required documentation or got stuck
through the very cumbersome and unforgiving application they must complete monthly to
receive rental assistance. They are then unable to receive funding directly through Hennepin
County, or must wait until the following month to reapply, putting them further behind in their
rent payments. Additionally, lots of households are getting ready to face evictions soon, and
these funds will allow us to be proactive in supporting Golden Valley residents.
3 | PRISM
Organization Information
Each year, PRISM contributes to the food, clothing, and housing needs of nearly 7,500 low-income residents of
Hennepin County’s northwest suburbs. We have such an enormous impact on our community because we were
founded in 1970 by residents who were concerned about their hungry and homeless neighbors. Having started
as an informal effort, we have since evolved into a strong, sustainable organization that is a leading provider of
basic needs services. Our ties to the community, including the continued generousity of the City of Golden
Valley, have helped us reach our mission of providing social services and connections that empower people in
our community to build healthy, stable lives. Additionally, your support has allowed us to respond effectively
and quickly to the crisis unfolding.
This focus on relationships and community can be seen in how PRISM responded to COVID. In March 2020, to
protect the health of our participants, staff, and volunteers, PRISM restructured all of our programs to allow for
maximum distance. Notably, our Marketplace Food Shelf started providing easily customizable emergency food
boxes containing around 100 pounds of food and hygeine items. Despite maintaining our distance we kept in
touch with participants to make sure they were connected to other community programs and services and that
we were meeting their needs. PRISM did this by having a case manager greet and conduct a health screening
with participants, surveying participants on what foods they most liked receiving, and calling participants
directly. This focus on connections is what makes PRISM special. Our participants appreciate our hands on
approach, saying, “I’ve never encountered a staff member or volunteer with a bad attitude. They made me feel
welcome when I’m feeling my poorest and helpless.”
Who We Serve
PRISM’s Marketplace Food Shelf does not turn anyone seeking food away. Individuals and families can come
from anywhere and receive food packages as many times as they need. Due to our location in Golden Valley, we
provide housing and children programs to residents of Golden Valley, New Hope, Robbinsdale, Crystal, and
Plymouth.
Our participants experience episodic or persistent financial hardships and are unable to consistently meet their
food, clothing, and housing needs. Most of the people we serve are able to get by until the loss of a job, a major
medical expense, a sudden rent increase, or another major life event prevents them from being able to meet
their expenses and feed their family. PRISM minimizes these hardships by providing programs to help
households stretch their budgets as they continue to build healthy, stable lives. Last fiscal year, our programs
helped 7,045 households avoid financial crises. 672% of those served are people of color, 56% identified as
female, and children under the age of 18 comprise 40% of those served.
Our Programs
PRISM meets the basic needs of our community through the following programs:
Food: On March 16, 2020, our Marketplace Food Shelf transitioned to a drive-up model to protect the
health of our participants, staff, and volunteers. Through this model, we provided around 100 pounds
of fresh food and hygiene items to roughly 1,800 individuals per month. Families with children are given
extra food and snacks as there is limited access to free and reduced lunch. In October 2020, we
transitioned back indoors, taking precautions to limit the amount of time participants spend in PRISM.
In FY 20-21, 5,549 unduplicated individuals were served and there were 1,434 new households that
visited PRISM for food. Each household received 100 pounds of food each time they visit. A total of
1,046,957 pounds of food were distributed in FY 20-21.
Additionally, we serve as the SNAP Benefits Coordinator at the Golden Valley and New Hope Farmers’
Markets. In FY 20-21 130 individuals were served at the farmers markets. From June – October 2021,
634 individuals received free produce through our fresh produce distributions. We also hosted a 1K
4 | PRISM
Turkey Giveaway in 2020 where we provided a turkey and sides to 1,000 households impacted by
COVID.
Homelessness Prevention Program: With a variety of funding sources, PRISM administers rental
assistance for the 5 cities in our service area, and processes applications through the “renthelpmn”
statewide system. To protect everyone’s health, we have moved this program entirely virtual relying on
online forms, camera phones, and convenient and safe drop-offs for those with limited internet access.
This has increased our capacity to assist households and requires an increase in our internal
administrative capacity to manage this rapid growth in rental and utility payments we are sending out
the door. In fiscal year (FY) 2020-2021, this program kept 483 households housed through emergency
financial assistance, advocacy, and individualized case management. The average amount of assistance
received per household was $3,435.
Clothing: PRISM’s Shop for Change Thrift Shop is open to the public, offering uniquely affordable
clothing and housewares. Fueled by volunteers, all revenue from Shop for Change supports general
operations of PRISM.
Children’s Programs: This September we provided 871 students with the school supplies they needed to
be successful students. We are also gearing up for our Holiday Toy Shoppe in December that last year
provided gifts to 914 children and teens.
Partnerships
Through partnerships with many nonprofits, businesses, municipalities, civic organizations, and school
districts, we provide meaningful referrals and linkages to best serve our participants. We are now co-located
with Jewish Family and Children’s Service of Minnesota (JFCS) in their new building as a tenant. This opportunity
arose from the recognition that our history of providing basic needs assistance pairs well with JFCS' array of
counseling, employment, and senior services. Our partnership with JFCS has led to new donors and volunteers,
funding and staff training opportunities, and community engagement events. During COVID, we were able to
partner with JFCS to deliver food to participants with health and/or mobility issues.
In addition, PRISM is an active voice in the conversation around suburban poverty and affordable housing. We
are a member of the advocacy group Suburban Hennepin Housing Coalition (SHHC). Through this group, we are
engaged in discussion with Jewish Community Action, local community housing teams in Golden Valley and
Plymouth, and elected city officials to make affordable housing a local priority issue. SHHC has played an integral
role in the passing of city ordinances that protect renters and preserve natural occuring affordable housing.
Other partnerships include: Second Harvest Heartland and The Food Group for purchase of meat, dairy, and
other perishable foods; Community Action Partnership of Hennepin County and Hennepin County Child and
Teen Check-Up to educate and provide access to participants for benefits and programs avaliabale to them; Cub,
Hy-Vee and Target are our primary partners for rescue food pick-ups; businesses to engage their employees with
PRISM through volunteering, and donation drives, including Target (grocery division), Allianz Life Insurance,
General Mills, United Health Care, and DriSteem, among others; and our Faith Partner Network which is
comprised of representatives from over 20 congregations of various faiths located in PRISM’s service area that
organize donation drives for food holiday toys, school supplies, and clothing, and serves as a liaison to share
information with the larger community.
We believe these experiences and collaborations are testaments to the strength of our programs, skills of our
staff, and our sound business practices, transparency, and accountability.
Board Members, Staff and Volunteers
Our Board of Directors is comprised of 14 members with diverse backgrounds and experiences in the following
areas: finance, law, food industry management, marketing, amongst others. Additionally, we are in the process
of broadening the diversity of our board to better reflect the communities we serve. To that end, our board
members and leadership staff are working with Propel for Nonprofits to develop a recruitment strategy.
5 | PRISM
We currently have 24 people on staff. We also are thankful to our dedicated volunteers who help organize
shelves, pack food boxes, and help run Shop for Change. On average PRISM volunteers donate over 1300 hours
to our program each month.
Purpose of Grant
Community Need
Before the pandemic, we had expected to see our numbers grow as participants struggled to make ends meet.
To afford a 2-bedroom apartment people living in our service area need to be making over $22 an hour.1 This is
not sustainable for our participants as most make minimum wage, or less than $10 an hour. This disparity
between our participants’ wages and rental costs has led to an increase in evictions. When our participants lose
their housing, it is difficult for them to find new housing nearby. Naturally Occurring Affordable Housing (NOAH)
is becoming less available as landlords are selling these properties and developers are rehabilitating and
improving them to attractive more affluent tenants.2
Since March 2020, we provided food to around 900 households every two weeks. We are seeing such a huge
increase because lower-income households, those making under $50,000, have been the hardest hit. In our
service area, 31% of residents make under $50,000.3 As mentioned, on average our participants make
significantly less than $50,000 meaning COVID has caused many new families to seek out our services. However,
we did see a decrease in individuals accessing the food shelf this past year in 2021 due to the extra stimulus
dollars, increased and extended unemployment, increased food stamps, and the rent moretoreum. Since these
extra reliefs have now ended, we do anticipate seeing a large uptick in families coming to PRISM for food and
housing assistance.
In addition, last year’s sheltering in place required resources – ability to work remotely, job security, and access
to childcare and health care – that many of our participants and others in our community do not have. The New
York Times found that in metro areas across the US, including the Twin Cities, the top 10 percent of earners
were able to limit their movement, while those in the bottom 10 percent continued to travel for work.4 Many of
the lowest earners who are still working have jobs that do not have protections in place to keep them and their
families safe. At PRISM, we provide individuals and families with the resources – food, rental assistance, and
connections to community programs – they need to stay healthy, as many families are still experiencing the
affects of having to stay home without necessary resources to support their families
Opportunities and Impact
At PRISM we know that people living in poverty face significant health disparities – they are more prone to
illnesses, are more anxious and stressed, and have shorter life expectancies. In addition, many of our
participants self-report having experienced a trauma in their lifetime. We best support the diverse and growing
needs of our participants by being intentional in every aspect of our programming. From the lighting in our
waiting room to our progressive engagement and trust building, we have created a space and process where
participants feel that their voice is heard and has agency. This person-centered approach is especially important
now during the COVID-19 pandemic.
1 National Low Income Housing Coalition. Two-Bedroom Housing Wage by Zip Code. Out of Reach. Retrieved from:
https://reports.nlihc.org/oor
2 Minnesota Housing: Planning, Research, & Evaluation. (2018, May 2). The loss of Naturally Occurring Affordable Housing (NOAH).
3 Domonoske, C. (2020, March 17). Poll: Nearly 1 in 5 households have lost work because of pandemic. MPR News. Retrieved from:
https://www.mprnews.org/story/2020/03/17/npr-poll-nearly-1-in-5-households-have-lost-work-because-of-pandemic
4 Valentino-DeVries, J, Lu, D. & Dance, G.J.X.(2020, April 3). Location data says it all: Staying at home during Coronavirus is a luxury. New
York Times. Retrieved from: https://www.nytimes.com/interactive/2020/04/03/us/coronavirus-stay-home-rich-
poor.html?referringSource=articleShare
6 | PRISM
We also have not and will not turn anyone away. As mentioned above, we have seen our numbers double since
the outbreak and closures. We have been able to meet this growing demand by changing our service delivery, to
protect the health of our participants and staff. We provide each participant with around 100 pounds of food,
including non-perishables, produce, dairy, meat, pet food, diapers and hygiene items.. Our case managers also
take calls from participants who need help navigating systems. As we go forward we will continue to broaden
our donor base, encouraging individuals and foundations to support PRISM through food and financial
donations.
Timeline
We greatly appreciate the previous support we have received from City of Golden Valley. A $90,000 grant will
support our basic needs programs during January 2022-December 2024. Your support will be especially
impactful as we continue to respond to the need caused by COVID-19. Below is a timeline of proposed
activities:
January 2021-December 2024
• Provide City of Golden Valley with acknowledgement of receipt
• Provide 1100 households per month with 100 pounds of healthy foods through Marketplace Food Shelf
• Assist 9 households per year with an average of 1-2 months of housing costs per household
• April 2022 provide City of Golden Valley a progress report of outcomes for food and housing support
• Submit quarterly/annual reports as required
Goals, Objectives and Previous Support Outcomes:
Thank you for your continued support of PRISM. Below is a breakdown of what your support will help us
achieve and our goals and objectives for the grant period:
Goals FY20/21 Outputs &Outcomes FY21/22 Projections
Households have access to healthy food. 1,046,957 pounds of food were
distributed to 7,045 households
(unduplicated).
1,250,000 pounds of food will be
distributed to 6,000 households.
Households maintain housing. 483 households were provided
with case management, referrals,
and financial assistance to
prevent eviction.
1000 households will be provided
with case management, and
funds to prevent eviction and
stabilize their housing.
Long-term Funding Strategies
PRISM is well positioned to continue being a long-term provider of basic needs services to our community. This
confidence comes from our reputation of being a trustworthy organization with a mission and vision people
believe in. Thanks in large part to this reputation we have seen donor contributions increase 175% or $800,000
in the last three years. Similarly, by diversifying our funding sources, our net has increased by $200,000 per year
over the last three years and PRISM’s total equity has more than tripled to its current total of over $1.5 million.
We are projected to have positive cash flow for the next 18 months with an average of 2-3 months of expenses
on have and our liabilities are less than 10% of our assets. In addition, Shop for Change Thrift Store remains a
reliable source of income contributing around 5-10% of our annual budget.
Evaluation
PRISM’s overarching goal is to build healthy, stable lives. We are committed to evaluating the quality and
effectiveness of our programs to best serve our participants and the community.
7 | PRISM
We use a secure database, Client Track, to maintain case files, record demographics, and services delivered in
our programs. Our financial system tracks rental assistance provided and the value of supplemental food
purchased. Monthly and annual reports from both systems enable us to monitor and measure achieved levels of
service compared to our goals.
PRISM’s Grants & Evaluation Coordinator manages the implementation of feedback tools to gather participant
feedback and analyzes the data to measure the impact of our programs. PRISM's direct service staff are
primarily responsible for collecting and recording participant data used in evaluation. PRISM's leadership team
oversees the evaluation of data and uses the information and analysis to shape future programming and service
delivery.
Evaluation results are shared with the full staff, board of directors, volunteers, and funders, as well as donors
and the general community. We look forward to sharing our accomplishments in future communications with
the City of Golden Valley.
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EXHIBIT 3
ASSURANCE AND CERTIFICATION
VENDOR COMPLIANCE
VENDOR shall comply with the Single Audit Act, OMB Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards (Uniform Grant Guidance). VENDOR
shall maintain a system of internal control over all programs in order to demonstrate compliance
with the Single Audit Act, Uniform Grant Guidance and other pertinent laws and regulations.
VENDOR shall respond to audit findings, questioned costs or other compliance measures issues
which may include taking requisite corrective action, executing necessary documents and other
requirements;
If VENDOR is a nonprofit organization, VENDOR’s signature on this Agreement assures and
certifies it has met federal, state and local requirements regarding VENDOR’s financial
management system.
VENDOR is hereby notified of the following Federal Award Identification Information:
1. VENDOR name (which must match registered name in DUNS): People Responding in
Social Ministry (PRISM)
2. VENDOR's DUNS number (see § 200.32 Data Universal Numbering System (DUNS)
number): 062079640
3. Federal Award Identification Number (FAIN): ______________
4. Federal Award Date (see § 200.39 Federal award date): To be determined
5. Subaward Period of Performance Start and End Date: 1/1/2022 – 12/31/2022
6. Amount of Federal Funds Obligated by this action: $45,000
7. Total Amount of Federal Funds Obligated to the VENDOR: $45,000
8. Total Amount of the Federal Award: $2,200,000
9. Federal award project description, as required to be responsive to the Federal Funding
Accountability and Transparency Act (FFATA): See activities in Exhibit 2.
10. Name of Federal awarding agency, pass-through entity, and contact information for
awarding official: U.S. Department of Housing and Urban Development, Hennepin County,
spencer.agnew@hennepin.us
11. CFDA Number and Name; the pass-through entity must identify the dollar amount made
available under each Federal award and the CFDA number at time of disbursement:
14.218, Community Development Block Grant
12. Identification of whether the award is R&D: Not R&D
R&D means Research and Development. OMB Uniform Grant Guidance defines
“Research” as the systematic study directed toward fuller scientific knowledge or
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understanding of the subject studied. “Development” is defined as the systematic
use of knowledge or understanding gained from research.
13. Indirect cost rate for the Federal award (including if the de minimis rate is charged per §
200.414 Indirect (F&A) costs) and: Indirect costs not applicable.
14. Identification of whether the award is used as loans or loan guarantees: The award is
not a loan or loan guarantee project
As applicable, VENDOR shall confirm in writing that VENDOR did not expend
$750,000 or more in total federal funds in a fiscal year. If VENDOR expends $750,000 or more of
federal funds in a fiscal year, VENDOR shall complete financial and compliance audits in
accordance with the Single Audit Act and/or OMB Uniform Grant Guidance, as applicable.
VENDOR shall cooperate fully in the following:
1. During the term of this Agreement and as necessary after the expiration of this Agreement,
to ensure compliance with applicable law, VENDOR agrees to provide an annual audit
report consistent with the provisions of the Single Audit Act and/or OMB Uniform Grant
Guidance in accordance with government auditing standards, as applicable, within nine
(9) months after VENDOR’s fiscal year-end. The cost of an audit is not reimbursable from
funds received through this Agreement.
2. VENDOR shall provide all information requested by COUNTY and report as directed by
COUNTY.
As applicable, VENDOR shall maintain property records that include a description of the
applicable property, a serial number or other identification number, the source of the property,
who holds title, the acquisition date and cost of the property, the percentage of federal
participation in the cost of the property, the location, use and condition of the property, and any
ultimate disposition data, including the date of disposal and sale price of the property. VENDOR
shall make said records available to COUNTY within five (5) business days of COUNTY’s written
request.
Failure to comply with the above requirements may result in forfeiture of funds. Without limiting
any other remedies available at law, COUNTY reserves the right to recover from VENDOR the
full amount of any funds found to be improperly expended or otherwise disallowed.
We certify and assure that we are in compliance with the above conditions.
Specifically, our organization's financial management system provides for the following:
1. Accurate, current, and complete disclosure of the financial results of each federally
sponsored project or program in accordance with the reporting requirements set forth in
OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (Uniform Grant Guidance). 2. Records that identify adequately the source
and application of funds for federally sponsored activities. These records contain
information pertaining to federal awards, authorizations, obligations, unobligated balances,
assets, outlays, and income.
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3. Effective control over and accountability for all funds, property, and other assets. These
assets are adequately safeguarded and are used solely for authorized purposes.
4. Comparison of actual outlays with budget amounts for each grant or other agreement and,
whenever appropriate or required, comparisons of financial information with performance
and unit cost data.
5. Procedures to minimize the elapsed time between the transfer of funds from the county to
our organization and the disbursement of funds by our organization.
6. Procedures for determining the reasonableness, allowability, and allocability of costs in
accordance with the provisions of the applicable federal cost principles and the terms of
the grant or other agreement.
7. Accounting records that are supported by source documentation.
8. Annual audits by a firm of independent certified public accountants to ascertain the
effectiveness of the financial management systems and internal procedures that we have
established to meet the terms and conditions of the federal grants and other agreements.
The audits are conducted on an organization-wide basis and include an appropriate
sampling of federal agreements.
9. A systematic method to assure timely and appropriate resolution of audit findings and
recommendations.
10. Organizations (VENDORs) that receive CDBG funds from us are required to comply
with the financial management standards set forth in this certification.
Golden Valley City Council Meeting
January 4, 2022
Agenda Item
3. C. 2. Approve Resolution No. 22-002 Transferring American Rescue Plan Act (ARPA) Funds to the
Housing and Redevelopment Authority (HRA) to Implement a Housing Navigation Services Program and
to approve the Grant Agreement for the Golden Valley Housing Navigation Services Program.
Prepared By
Sue Virnig, Finance Director
Cherie Shoquist, Housing and Economic Development Manager
Summary
The Federal Government recently allocated $2.2M in ARPA Funds to the City of Golden Valley to assist
with expenses and impacts related to the COVID-19 Pandemic. The Treasury Department has provided
guidance regarding the use of these funds. The guidance states that ARPA funds may be used to
respond to the public health emergency or its negative economic impacts including assistance to
households or populations facing negative economic impacts due to COVID-19 including: 1) rent
assistance, assistance to prevent evictions or homelessness; 2) food assistance; and 3) ARPA funds
may be allocated to non-profits to distribute the assistance.
Since the COVID-19 outbreak and closures, PRISM, the City’s local food shelf and housing assistance
provider, has provided rental assistance, referrals, and case management to prevent eviction of 483
households in fiscal year 2020-2021. PRISM reports a continued need for services due to the ongoing
negative impacts due to COVID-19, slow return to full employment, rent increases, food prices
increasing with limited availability, and the end of the eviction moratorium. To address these needs
within Golden Valley, a Housing Navigation Services program was developed and approved by the
HRA on December 7, 2021. If approved by the City Council, $10,000 in ARPA funds will be dedicated to
housing services. PRISM has the staff, experience, and infrastructure to assess the needs of
households, distribute appropriate resources effectively, and document the use of grant funds for the
City’s audit needs.
Staff is recommending the Council adopt the attached resolution transferring $10,000 of the ARPA
funds received by the Federal Government to the HRA to fund the establishment of the program.
Financial Or Budget Considerations
Funding for the Housing Navigation Services Program will come from the City’s ARPA allocation.
City Council Regular Meeting Executive Summary
City of Golden Valley
January 4, 2022
2
Recommended Action
Motion to approve Resolution No. 22-002 Transferring ARPA Funds to the HRA to implement a Housing
Navigation Services Program and to approve the grant Agreement with PRISM for the administration of
the Golden Valley Housing Navigation Services Program.
Supporting Documents
• Resolution No. 22 -002 Transferring ARPA Funds to the HRA to implement a Housing Navigation
Services Program
• Non-Profit Vendor Agreement City of Golden Valley 2022 Grant Program (21 pages)
RESOLUTION NO. 22-002
RESOLUTION ALLOCATING ARPA FUNDS TO HRA TO IMPLEMENT A HOUSING
NAVIGATING SERVICES PROGRAM
WHEREAS the COVID-19 pandemic has impacted residents of Golden Valley through job loss
and illnesses, placing extraordinary financial and emotional demands on households; and
WHEREAS increased food, rent, eviction and homeless prevention assistance has been
documented by PRISM, the local food shelf and social services provider, since the start of the
pandemic and the lifting of the Governor’s eviction moratorium; and
WHEREAS the Federal Government has allocated to the City of Golden Valley over $2.2M in
ARPA funds to mitigate the costs and impacts of the COVID-19 pandemic within the City; and
WHEREAS The guidance from the Department of the Treasury, 31 CFR Part 35 RIN 1505-
AC77, states that ARPA funds may be used to respond to the public health emergency or its
negative economic impacts including assistance to households or populations facing negative
economic impacts due to COVID-19 including: 1) rent assistance, assistance to prevent
evictions or homelessness, 2) food assistance, and 3) ARPA funds may be allocated to non-
profits to distribute the assistance; and
WHEREAS Minnesota Statues 465.039 authorize the governing body statutory city, or of a to
appropriate each year out of its general fund, or other unrestricted money, an amount to be
determined by the governing body to provide grants to nonprofit organizations operating
community food shelves that provide food to the needy without charge.
WHEREAS On December 7, 2021, the Golden Valley Housing and Redevelopment Authority
approved the establishment, administration, and implementation of the Golden Valley Rent
Housing Navigation Services Program;
WHEREAS On December 7, 2021, the Golden Valley Housing and Redevelopment Authority
approved the distribution of $10,000 of ARPA funds for Housing Navigation Services, if
authorized by the Golden Valley City Council;
NOW, THEREFORE, BE IT RESOLVED by the Golden Valley City Council to transfer $10,000
of the City’s ARPA allocation to the HRA to provide housing navigation services to eligible
residents in Golden Valley.
Adopted by the City Council of Golden Valley, Minnesota this 4th day of January 2022.
____________________________________
Shepard M. Harris, Mayor
ATTEST:
_______________________
Theresa Schyma, City Clerk
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Agreement No.
NONPROFIT VENDOR AGREEMENT CITY
OF GOLDEN VALLEY
2022 GRANT PROGRAM
THIS AGREEMENT is made and entered into by and between the Housing and
Redevelopment Authority in and for the City of Golden Valley (“HRA”), a Minnesota
municipal corporation, 7800 Golden Valley Road, Golden Valley, Minnesota 55427, and
People Responding in Social Ministry (“Vendor”), 1220 Zane Ave. N., Golden Valley, MN
55422.
WITNESSETH
WHEREAS, the Coronavirus State and Local Fiscal Recovery Fund established under the
American Rescue Plan Act of 2021(“ARPA Funds”), 117 Public Law 117-2, (“ARPA”) was
signed into law by the President of the United States on March 11, 2021 and provided for funds
to be allocated to local governments, including HRA, to provide additional relief to address the
continued impact of COVID-19 on the economy, public health, state and local governments,
individuals and businesses;
WHEREAS, the Minnesota Legislature established a process for distributing funds
provided by ARPA and distributed $2.2M (the “ARPA Funds”) to HRA (via the City of Golden
Valley) to mitigate the costs and impacts of the COVID-19 pandemic within the City of Golden
Valley; and
WHEREAS, guidance from the Treasure Department states the ARPA Funds may be (1)
used to assist households or populations facing negative impacts due to COVID-19, (2) this
assistance includes food assistance; rent, mortgage or utility assistance; and counseling and legal
aid to prevent eviction or homelessness; and (3) allocated to non-profits to distribute assistance
to individuals in need of financial assistance related to COVID-19; and
WHEREAS, on December 7, 2021 the City of Golden Valley and the Housing and
Redevelopment Authority in and for the City of Golden Valley approved the Golden Valley
Housing Navigator Services Program (“the Program”) which authorized the use of the City of
Golden Valley’s ARPA funds (the “ARPA Funds”) for housing navigation services in the City
of Golden Valley; and
WHEREAS, Vendor applied for a $10,000 grant under the Program to allow PRISM to
provide housing navigation services for people at-risk of losing their homes to prevent eviction
or homelessness due to the COVID-19 emergency;
NOW, THEREFORE, the parties hereunto do hereby agree as follows:
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1.SCOPE OF SERVICES
A.VENDOR shall expend all or any part of its ARPA Funds allocation only on the
activities identified in Exhibit 1 and Exhibit 2, subject to the requirements of this
Agreement and the stipulations and requirements set forth in Exhibit 1 to this
Agreement.
B.VENDOR shall take all necessary actions, not only to comply with the stipulations
as set out in Exhibits 1 and 2, but to comply with any requests by the HRA; it being
understood that the HRA is responsible to the federal government and the State of
Minnesota for ensuring compliance with such requirements. VENDOR will also
give the HRA prior written notice of any changes in the scope or character of its
activities which it intends to implement using the ARPA Funds.
C.VENDOR shall submit all necessary documentation applicable to each
specific activity and use of the ARPA Funds and will provide copies of all
documents and records needed to ensure that the VENDOR has complied
with the appropriate regulations and requirements.
2.TERM OF AGREEMENT
The effective date of this Agreement is January 1, 2022. The termination date of this
Agreement is the earlier of December 31, 2022, or such time as the activity constituting
this Agreement is satisfactorily completed. Upon expiration, VENDOR shall relinquish to
the HRA all program funds unexpended and uncommitted.
3.THIRD PARTY AGREEMENTS
VENDOR may not subcontract this Agreement or the services to be performed
hereunder, whether in whole or in part, nor shall VENDOR otherwise assign, transfer, or
pledge this Agreement or the services to be performed hereunder, whether in whole or in
part, without the prior consent of the HRA.
4.AMENDMENTS TO AGREEMENT
Any material alterations, variations, modifications or waivers of provisions of this
Agreement shall only be valid when reduced to writing as an Amendment to this
Agreement signed, approved and properly executed by the authorized representatives of
the parties.
5.PAYMENT OF CARES FUNDS
The HRA agrees to provide VENDOR with ARPA Funds not to exceed $10,000. It is
understood that the HRA shall be held accountable to the federal government and the
State of Minnesota for the lawful expenditure of ARPA Funds under this Agreement.
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6. INDEMNITY AND INSURANCE
A. VENDOR does hereby agree to defend, indemnify, and hold harmless the HRA, its
elected officials, officers, agents, volunteers and employees from and against all
costs, expenses, claims, suits or judgments arising from or growing out of any
injuries, loss or damage sustained by any person or corporation, including
employees of VENDOR and property of VENDOR, which are caused by or
sustained in connection with the tasks carried out by the VENDOR under this
Agreement.
B. VENDOR does further agree that, in order to protect itself as well as the HRA
under the indemnity agreement provisions herein above set forth, it will at all times
during the term of this Agreement and any renewal thereof have and keep in force:
a single limit or combined limit or excess umbrella commercial and general liability
insurance policy of an amount of not less than $1,000,000 for property damage
arising from one occurrence, $1,000,000 for damages arising from death and/or
total bodily injuries arising from one occurrence, and $1,000,000 for total personal
injuries arising from one occurrence. Such policy shall also include contractual
liability coverage protecting the HRA, its officers, agents, and employees by a
certificate acknowledging this Agreement between the VENDOR and the HRA.
7. CONFLICT OF INTEREST
A. In the procurement of supplies, equipment, construction, and services by the
VENDOR, the conflict of interest provisions in 24 CFR 85.36 and OMB Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards (Uniform Grant Guidance), as applicable, shall apply.
B. In all other cases, the provisions of 24 CFR 570.611 shall apply.
8. DATA PRIVACY
VENDOR agrees to abide by the provisions of the Minnesota Government Data
Practices Act and all other applicable state and federal laws, rules, and regulations
relating to data privacy or confidentiality, and as any of the same may be amended.
VENDOR agrees to defend, indemnify and hold the HRA, its elected officials, officers,
agents, volunteers and employees harmless from any claims resulting from VENDOR'S
unlawful disclosure and/or use of such protected data.
9. SUSPENSION OR TERMINATION
A. If VENDOR materially fails to comply with any term of this Agreement or so fails to
administer the work as to endanger the performance of this Agreement, this shall
constitute noncompliance and default. Unless the VENDOR'S default is excused by
the HRA, the HRA may immediately cancel this Agreement in its entirety.
B. HRA'S failure to insist upon strict performance of any provision or to exercise
4
any right under this Agreement shall not be deemed a relinquishment or waiver
of the same. Such consent shall not constitute a general waiver or
relinquishment throughout the entire term of the Agreement.
C. This Agreement may be cancelled with or without cause by either party upon thirty
(30) days' written notice.
D. ARPA Funds allocated to VENDOR under this Agreement may not be obligated or
expended by VENDOR following such date of termination. Any funds allocated to
VENDOR under this Agreement which remain unobligated or unspent following
such date of termination shall automatically revert to HRA.
10. PROCUREMENT
VENDOR shall be responsible for procurement of all supplies, equipment, and services,
and construction necessary for implementation of its Activity. Procurement shall be
carried out in accordance with the "Common Rule" Administrative Requirements in 24
CFR 85. VENDOR shall prepare, or cause to be prepared, all advertisements,
negotiations, notices, and documents, enter into all contracts, and conduct all meetings,
conferences, and interviews as necessary to ensure compliance with the above described
procurement requirements.
11. ADMINISTRATIVE REQUIREMENTS
The uniform administrative requirements delineated in 24 CFR 570.502 and any and all
administrative requirements or guidelines promulgated by the HRA shall apply to all
activities undertaken by the VENDOR provided for in this Agreement and to any program
income generated therefrom.
12. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY
A. During the performance of this Agreement, VENDOR agrees to the following: No
person shall be excluded from full employment rights or participation in, or the
benefits of, any program, service or activity on the grounds of race, color, creed,
religion, age, sex, disability, marital status, sexual orientation, public assistance
status, or national origin; and no person who is protected by applicable federal or
state laws against discrimination shall be otherwise subjected to discrimination.
B. The VENDOR will furnish all information and reports required to comply with the
provisions of 24 CFR Part 570 and all applicable state and federal laws, rules, and
regulations pertaining to discrimination and equal opportunity.
13. NON-DISCRIMINATION BASED ON DISABILITY
A. The VENDOR shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, to ensure that no otherwise qualified individual with a handicap, as
defined in Section 504, shall, solely by reason of his or her handicap, be excluded
from participation in, be denied the benefits of, or be subjected to discrimination by
5
VENDOR receiving assistance from HRA.
B. When and where applicable, the VENDOR shall comply with, and make best efforts
to have its third party providers comply with, Public Law 101-336 Americans With
Disabilities Act of 1990, Title I "Employment," Title II "Public Services" - Subtitle A,
and Title III "Public Accommodations and Services Operated By Private Entities"
and all ensuing federal regulations implementing said Act.
14. LOBBYING
A. No federal appropriated funds have been paid or will be paid, by or on behalf of
VENDOR, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal Grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement VENDOR will complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
15. OTHER CDBG POLICIES
The VENDOR shall comply with the applicable section of 24 CFR 570.200, particularly
sections (b) (Special Policies Governing Facilities); (c) (Special Assessments);
(f) (Means of Carrying out Eligible Activities); and (j) (Faith-Based Activities).
16. RECORD-KEEPING
VENDOR shall maintain records of the receipt and expenditure of all ARPA Funds, such
records to be maintained in accordance with OMB Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards (Uniform Grant Guidance)
and the "Common Rule" Administrative Requirements in 24 CFR 85 and in accordance
with OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards (Uniform Grant Guidance), as applicable. All records
6
shall be made available upon request of the HRA for inspection/s and audit/s by the HRA
or its representatives. If a financial audit/s determines that the VENDOR has improperly
expended CDBG funds, resulting in the U.S. Department of Housing and Urban
Development (HUD) disallowing such expenditures, the HRA reserves the right to recover
from the VENDOR such disallowed expenditures from non-CDBG sources. Audit
procedures are specified below in Section 28 of this AGREEMENT.
17. ACCESS TO RECORDS
HRA shall have authority to review any and all procedures and all materials, notices,
documents, etc., prepared by VENDOR in implementation of this Agreement, and
VENDOR agrees to provide all information required by any person authorized by HRA
to request such information from VENDOR for the purpose of reviewing the same.
18. AUDIT
VENDOR agrees to provide HRA with an annual audit consistent with the Single Audit
Act OMB Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (Uniform Grant Guidance) and, to certify and assure
compliance with the financial standards as set forth in Exhibit 1 to this AGREEMENT.
A. The VENDOR agrees to provide HRA with an annual audit consistent with the
requirements as stated in the first paragraph of this section above. The audit shall
be completed and submitted to HRA within the earlier of 30 days after receipt of
the auditor’s report(s), or nine months after the end of the audit period.
B. HRA will issue a management decision on audit findings within six months after
receipt of the audit report and ensure that the HRA takes appropriate and timely
corrective action.
C. In those instances where less than $750,000 in assistance is expended from all
Federal sources in any one fiscal year, and a single audit is not required, the HRA
requests the following information within the same timeframe as in A., above: (1)
annual financial statements, (2) independent auditor’s report on internal control
over financial reporting based on an audit of financial statements performed in
accordance with government auditing standards, and (3) the Management Letter.
D. The cost of the audit is not reimbursable from ARPA Funds.
E. The HRA reserves the right to recover from the VENDOR'S non-ARPA Funds
any expenses which are disallowed by an audit.
12
HRA EXECUTION
IN WITNESS WHEREOF, the parties hereto agree the day and year first above written.
CITY OF GOLDEN VALLEY
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF
GOLDEN VALLEY
By: __________________________________
Shepard M. Harris, Mayor
By: __________________________________
Timothy J. Cruikshank, City Manager
By: __________________________________
Maurice Harris, Chair
By: __________________________________
Timothy J. Cruikshank, Director
13
VENDOR EXECUTION
IN WITNESS WHEREOF, the parties hereto agree the day and year first above written.
PRISM
By: __________________________________
Name: ________________________________
Title: _________________________________
14
EXHIBIT 1
PROGRAM DESCRIPTION
EXHIBIT 1
PROGRAM DESCRIPTION
City of Golden Valley Housing Navigation Services Program
January 2022
PURPOSE
The City of Golden Valley / Golden Valley HRA has received funding from the federal American Rescue
Plan Act (ARPA) and has established the Golden Valley Housing Navigation Services Program to assist
qualified renters facing negative economic impacts due to the COVID-19 pandemic. The purpose of this
program is to provide rental housing navigation services to prevent eviction or homelessness and keep
renters stable in the community. The primary focus of service will be assessing and addressing barriers
the household is facing, specifically focusing around housing, utilization of benefits, employment, and
financial security to maintain housing stability.
Guidance provided by the Treasury Department states that ARPA funds may be used to: respond to the
public health emergency or its negative economic impacts including assistance to households or
populations facing negative economic impacts due to COVID-19. This includes but is not limited to
counseling and legal aid to prevent eviction or homelessness. In assessing whether a household or
population experienced economic harm as a result of the pandemic, a City may presume that a
household or population that experienced unemployment or increased food or housing insecurity or is
low or moderate income experienced negative impacts resulting from the pandemic.
OBJECTIVES
The program aims to provide need based housing specific case management for households requesting
assistance with rental housing search and accessing affordable housing in order to:
• Avoid eviction and/or homelessness.
• Promote safe and stable housing for renters recovering from the impacts of the COVID-19
pandemic.
• Support property owners in continuing to provide affordable housing options in Golden Valley
by supporting their tenants.
ELIGIBILITY FOR HOUSING NAVIGATION SERVICES
• Recipients must reside in Golden Valley;
• Be experiencing housing instability and are in need of services to prevent eviction or
homelessness;
• Have experienced negative economic impacts due to the COVID-19 pandemic; and/or
• Have total gross annual income (before deducting taxes) of 50% or less of the area median
income (AMI).
ADDITIONAL CONSIDERATIONS FOR HOUSING NAVIGATION SERVICES
• Priority will be given to households with incomes below 30% of the area median income.
• Households are eligible irrespective of immigration or documentation status.
• The level of services provided will depend on the individual needs of the household, taking into
consideration other resources the household is eligible to receive.
USE OF FUNDS FOR HOUSING NAVIGATION SERVICES
The ARPA allocation for housing navigation services shall be used to:
• Establish trust and rapport with families as a foundation of the service process
• Assist in search for affordable housing, filling out applications, internet search
• Assist homeless individuals in securing shelter and/or housing
• Advocate on behalf of participants experiencing domestic violence and connect them with
appropriate resources
• Maintain and expanding a broad list of landlords and property managers that will work with
households that may have barriers; specifically in the PRISM Homelessness Prevention service
area (New Hope, Robbinsdale, Plymouth, Golden Valley, and Crystal)
• Collaborate with partners to provide the best services for participants experiencing homelessness
or housing insecurity
• Maintain professional working relationship with Hennepin County staff
• Provide recommendations, reports and data as required
• Complete intake paperwork and enter data in database
• Manage and spend funds on correct timeline
• Expenditures must be incurred by November 15, 2022 and 2023
DISBURSEMENT OF FUNDS AND ADMINISTRATION
The City of Golden Valley will allocate $10,000 from its ARPA funds to the Housing Navigation Service
Program for the purposes and objectives stated above. The City may allocate additional funds to the
Program depending on need and availability of funds. The City intends for PRISM, Golden Valley’s local
food shelf and a housing assistance services provider, to utilize the funds to provide services in
accordance with the ARPA requirements. The City and PRISM will enter into a grant agreement for the
use of the funds. PRISM did not request administrative funding; 100% of the allocation shall be directed
towards rental housing navigation services.
15
EXHIBIT 2: GRANT APPLICATION
1 | PRISM
Grant Application Cover Sheet
You may reproduce this form on your computer
Date of application: November 29, 2021 Application submitted to: City of Golden Valley
Organization Information
PRISM
Name of organization Legal name, if different
1220 Zane Ave N. Golden Valley, MN, 55422 41-1442049
Address City, State, Zip Employer Identification Number (EIN)
(763) 529-1350 (763) 529-1454 www.prismmpls.org
Phone Fax Website
Michelle Ness, MSW, LISW Executive Director (763)432-4201 mness@prismmpls.org
Name of top paid staff Title Phone
E-mail
Rebecca Stabler Grant Writer & Evaluation Coordinator (763)432-4212 rstabler@prismmpls.org
Name of contact person
regarding this application
Title Phone
E-mail
Is your organization an IRS 501(c)(3) not-for-profit? x Yes No
If no, is your organization a public agency/unit of government? Yes No
If no, check with funder for details on using fiscal agents, and list name and address of fiscal
agent:
Fiscal agent’s EIN number
Proposal Information
Please give a 2-3 sentence summary of request:
A grant from the City of Golden Valley will support PRISM’s new Housing Navigator Position. In fiscal year 20/21, PRISM
prevented homelessness for 483 families in our service area. We would like to expand our services to include proactively
assisting our precariously housed and unhoused community members in finding affordable housing.
Population served:
Low-income individuals and families of all ages, ethnicities, and
cultural backgrounds.
Geographic area served:
Golden Valley, New Hope, Robbinsdale, Crystal,
Plymouth, and surrounding cities.
Funds are being requested for (check one) Note: Please be sure funder provides the type of support you are requesting.
General operating support Start-up costs Capital
x Project/program support Technical assistance Other (list)
Project dates (if applicable): 1/22-12/22
1/23-12/24
Fiscal year end: September 30
Budget
Dollar amount requested: $5,000 per term
Total annual organization budget:
$ 5,186,771.00
2 | PRISM
Total project budget (for support other than general operating):
$60,000 (one year salary of the Housing
Locater) $120,000 for 2 years
Authorization
Name and title of top paid staff or board chair: Michelle Ness MSW, LISW, Executive Director
Signature
PRISM Statement of Need for Golden Valley Funding Regarding Housing:
Additional grant dollars from the City of Golden Valley gives PRISM flexibility to keep people
in Golden Valley housed. Possibly there are participants who missed the filing deadline or make
a mistake on the application or were not able to get all required documentation or got stuck
through the very cumbersome and unforgiving application they must complete monthly to
receive rental assistance. They are then unable to receive funding directly through Hennepin
County, or must wait until the following month to reapply, putting them further behind in their
rent payments. Additionally, lots of households are getting ready to face evictions soon, and
these funds will allow us to be proactive in supporting Golden Valley residents.
3 | PRISM
Organization Information
Each year, PRISM contributes to the food, clothing, and housing needs of nearly 7,500 low-income residents of
Hennepin County’s northwest suburbs. We have such an enormous impact on our community because we were
founded in 1970 by residents who were concerned about their hungry and homeless neighbors. Having started
as an informal effort, we have since evolved into a strong, sustainable organization that is a leading provider of
basic needs services. Our ties to the community, including the continued generousity of the City of Golden
Valley, have helped us reach our mission of providing social services and connections that empower people in
our community to build healthy, stable lives. Additionally, your support has allowed us to respond effectively
and quickly to the crisis unfolding.
This focus on relationships and community can be seen in how PRISM responded to COVID. In March of 2020, to
protect the health of our participants, staff, and volunteers, PRISM restructured all of our programs to allow for
maximum distance. Notably, our Marketplace Food Shelf started providing easily customizable emergency food
boxes containing around 100 pounds of food and hygeine items. Dispite maintaining our distance we kept in
touch with participants to make sure they were connected to other community programs and services and that
we were meeting their needs. PRISM did this by having a case manager greet and conduc a health screening
with participants, surveying participants on what foods they most liked receiving, and calling participants
directly. This focus on connections is what makes PRISM special. Our participants appreciate our hands on
approach, saying, “I’ve never encountered a staff member or volunteer with a bad attitude. They made me feel
welcome when I’m feeling my poorest and helpless.”
Who We Serve
PRISM has traditionally had a “Service Area” of Golden Valley, Robbinsdale, New Hope, Plymouth and Crystal.
Due to the ever changing and evolving best practice, and also reflecting the often highly mobile nature of our
participants, PRISM does not turn anyone away seeking food assistance. Due to funding restrictions, we do limit
our Homelessness Prevention direct assistance (monetary) services currently to our 5 city service area.
Our participants experience episodic or persistent financial hardships and are unable to consistently meet their
food, clothing, and housing needs. Most of the people we serve are able to get by until the loss of a job, a major
medical expense, a sudden rent increase, or another major life event prevents them from being able to meet
their expenses and feed their family. PRISM addresses these hardships by providing programs meant to help
households stretch their budgets as they continue to build healthy, stable lives.
Our Programs
PRISM meets the basic needs of our community through the following programs:
Food: PRISM serves households seeking food assistance Monday through Thursday. Each household
receives about 100 pounds of food on each visit and can come once a week. Additionally, we administer
SNAP benefits at the New Hope and Golden Valley Farmer’s markets.
Homelessness Prevention Program: With a variety of funding sources, PRISM administers rental
assistance for the 5 cities in our service area, and processes applications through the “renthelpmn”
statewide system. To protect everyone’s health, we have moved this program entirely virtual relying on
online forms, camera phones, and convenient and safe drop-offs for those with limited internet access.
Clothing: PRISM’s Shop for Change Thrift Shop is open to the public, offering uniquely affordable
clothing and housewares.
Children’s Programs: PRISM provides holiday toys and school supplies seasonally to hundreds of
children in our 5-city service area each year.
4 | PRISM
Partnerships
Through partnerships with many nonprofits, businesses, municipalities, civic organizations, and school
districts, we provide meaningful referrals and linkages to best serve our participants. As of March 2018, we
completed a successful move to a newly remodeled building in Golden Valley. We are now co-located with
Jewish Family and Children’s Service of Minnesota (JFCS) in their new building as a tenant. This opportunity
arose from the recognition that our history of providing basic needs assistance pairs well with JFCS' array of
counseling, employment, and senior services. Our partnership with JFCS has led to new donors and volunteers,
funding and staff training opportunities, and community engagement events. During COVID, we have been able
to partner with JFCS to deliver food to participants with health and/or mobility issues.
In addition, PRISM is an active voice in the conversation around suburban poverty and affordable housing. We
are a co-founding member of the advocacy group Suburban Hennepin Housing Coalition (SHHC). Through this
group, we are engaged in discussion with Jewish Community Action, local community housing teams in Golden
Valley and Plymouth, and elected city officials to make affordable housing a local priority issue. SHHC has played
an integral role in the passing of city ordinances that protect renters and preserve natural occuring affordable
housing.
We believe these experiences and collaborations are testaments to the strength of our programs, skills of our
staff, and our sound business practices, transparency, and accountability.
Board Members, Staff and Volunteers
Our Board of Directors is comprised of 14 members with diverse backgrounds and experiences in the following
areas: finance, law, food industry management, marketing, amongst others. Additionally, we are in the process
of broadening the diversity of our board to better reflect the communities we serve. To that end, our board
members and leadership staff are working with Propel for Nonprofits to develop a recruitment strategy.
We currently have 24 people on staff. To meet the needs of our community and organization, we shifted most
staff member’s roles to fulltime. We also are thankful to our dedicated volunteers who help organize shelves,
pack food boxes, and help run Shop for Change. On average PRISM volunteers donate over 1,000 hours to our
program each month.
Purpose of Grant
Community Need
Over the past two years, we have seen the job market shift and the housing market boom. A volitiale real estate
market can lead to rapidly rising rents-that combined with the COVID related employment isses in Minnesota,
many in our community are living precariously housed.
According to a September article in the Star Tribune Minnesota currently has the worst housing shortage in the
nation. “The state is expected to be 40,000 houses and apartments short of what's needed over the next five
years to keep pace with population growth, a new estimate from the Minnesota Housing Finance Agency finds”
(Buchta, 2021).
https://www.startribune.com/no-wonder-its-hard-to-find-a-new-home-the-twin-cities-has-the-worst-housing-
shortage-in-the-nation/600098521/
PRISM recieves thousands of calls each year from people in our service area who are struggling with finding an
affordable place to live. Whether they are living in their cars, hotels, or an apartment they can no longer afford
due to job loss or new building management. Housing instability and homelessness may not look the same as it
5 | PRISM
does in higher density cities, but many of our community members are struggling to find a stable place to live.
PRISM would like to be able to position ourselves in a way where we can assist households with not only rental
assistance, but as advocate who can use our resources to find people affordable housing, work with them on
growing their income, and prevent them from becoming unhoused by using best practice case management
strategies.
Opportunities and Impact
At PRISM we know that people living in poverty face significant health disparities – they are more prone to
illnesses, are more anxious and stressed, and have shorter life expectancies. In addition, many of our
participants self-report having experienced a trauma in their lifetime. We best support the diverse and growing
needs of our participants by being intentional in every aspect of our programming.
Since 2019 we have tripled the number of households, we work with in our Homelessness Prevention program.
In FY 2020/21 with generous funding from state, city and federal COVID relief funding, we were able to pay rent
for 483 households, which is a huge increase from our 19/20 fiscal year total of 136. In order to support the
growing need for housing services in our community, we will continue to expand our services to not just paying
rent but assisting people with filling out applications, taking them to look at apartments, building relationships
with property owners, assisting with housing court, growing their incomes, and working on ways to find housing
stability and stay in their communities.
Timeline
We greatly appreciate the previous support we have received from the City of Golden Valley. A $10,000 grant
over the 2022 and 2023 will be very impactful. Below is a timeline of proposed activities:
Jan 2022-Dec 2024
• Provide City of Golden Valley with acknowledgement of receipt
• April 2022 Provide City of Golden Valley a progress report of outcomes of Housing Nav. work
• Assist 280 households with their housing stability
• Submit quarterly/annual reports as requested
Goals, Objectives and Previous Support Outcomes:
Thank you for your continued support of PRISM. Below is a breakdown of what yoursupport helped us achieve
and our goals and objectives for the grant period:
Goals FY 20/21 Outputs &Outcomes Jan 2022- Dec 2023
Projections
Households maintain housing. 483 households were provided
with casemanagement and funds
to prevent eviction and stabilize
their housing.
1000 households will be
provided with case management
and funds to prevent eviction and
stabilize their housing.
Housing Navigator Impact
N/A
280 Households will become
stably housed via assistance from
the PRISM Housing Navigator
Long-term Funding Strategies
PRISM is well positioned to continue being a long-term provider of basic needs services to our community. This
confidence comes from our reputation of being a trustworthy organization with a mission and vision people
believe in. Thanks in large part to this reputation we have seen donor contributions increase 175% or $800,000
6 | PRISM
in the last three years. Similarly, by diversifying our funding sources, our net has increased by $200,000 per year
over the last three years and PRISM’s total equity has more than tripled to its current total of over $1.5 million.
We are projected to have positive cash flow for the next 18 months with an average of 2-3 months of expenses
on have and our liabilities are less than 10% of our assets. In addition, Shop for Change Thrift Store remains a
reliable source of income contributing around 5-10% of our annual budget. Recently we have been awarded a
significant grant from the Otto Bremer Foundation which will contribute greatly to the current implementation
of our Housing Navigator position.
Evaluation
PRISM’s overarching goal is to build healthy, stable lives. We are committed to evaluating the quality and
effectiveness of our programs to best serve our participants and the community.
We use a secure database, Client Track, to maintain case files, record demographics, and services delivered in
our programs. Our financial system tracks rental assistance provided and the value of supplemental food
purchased. Monthly and annual reports from both systems enable us to monitor and measure achieved levels of
service compared to our goals.
PRISM’s Grants & Evaluation Coordinator manages the implementation of feedback tools to gather participant
feedback and analyzes the data to measure the impact of our programs. PRISM's direct service staff are
primarily responsible for collecting and recording participant data used in evaluation. PRISM's leadership team
oversees the evaluation of data and uses the information and analysis to shape future programming and service
delivery.
Evaluation results are shared with the full staff, board of directors, volunteers, and funders, as well as donors
and the general community. We look forward to strengthening our relationship is our work towards community
stability through affordable housing with the city of Golden Valley.
16
EXHIBIT 3
ASSURANCE AND CERTIFICATION
VENDOR COMPLIANCE
VENDOR shall comply with the Single Audit Act, OMB Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards (Uniform Grant Guidance). VENDOR
shall maintain a system of internal control over all programs in order to demonstrate compliance
with the Single Audit Act, Uniform Grant Guidance and other pertinent laws and regulations.
VENDOR shall respond to audit findings, questioned costs or other compliance measures issues
which may include taking requisite corrective action, executing necessary documents and other
requirements;
If VENDOR is a nonprofit organization, VENDOR’s signature on this Agreement assures and
certifies it has met federal, state and local requirements regarding VENDOR’s financial
management system.
VENDOR is hereby notified of the following Federal Award Identification Information:
1. VENDOR name (which must match registered name in DUNS): People Responding in
Social Ministry (PRISM)
2. VENDOR's DUNS number (see § 200.32 Data Universal Numbering System (DUNS)
number): 062079640
3. Federal Award Identification Number (FAIN): ______________
4. Federal Award Date (see § 200.39 Federal award date): To be determined
5. Subaward Period of Performance Start and End Date: 1/1/2022 – 12/31/2022
6. Amount of Federal Funds Obligated by this action: $5,000
7. Total Amount of Federal Funds Obligated to the VENDOR: $5,000
8. Total Amount of the Federal Award: $2,200,000
9. Federal award project description, as required to be responsive to the Federal Funding
Accountability and Transparency Act (FFATA): See activities in Exhibit 2.
10. Name of Federal awarding agency, pass-through entity, and contact information for
awarding official: U.S. Department of Housing and Urban Development, Hennepin County,
spencer.agnew@hennepin.us
11. CFDA Number and Name; the pass-through entity must identify the dollar amount made
available under each Federal award and the CFDA number at time of disbursement:
14.218, Community Development Block Grant
12. Identification of whether the award is R&D: Not R&D
R&D means Research and Development. OMB Uniform Grant Guidance defines
“Research” as the systematic study directed toward fuller scientific knowledge or
17
understanding of the subject studied. “Development” is defined as the systematic
use of knowledge or understanding gained from research.
13. Indirect cost rate for the Federal award (including if the de minimis rate is charged per §
200.414 Indirect (F&A) costs) and: Indirect costs not applicable.
14. Identification of whether the award is used as loans or loan guarantees: The award is
not a loan or loan guarantee project
As applicable, VENDOR shall confirm in writing that VENDOR did not expend
$750,000 or more in total federal funds in a fiscal year. If VENDOR expends $750,000 or more of
federal funds in a fiscal year, VENDOR shall complete financial and compliance audits in
accordance with the Single Audit Act and/or OMB Uniform Grant Guidance, as applicable.
VENDOR shall cooperate fully in the following:
1. During the term of this Agreement and as necessary after the expiration of this Agreement,
to ensure compliance with applicable law, VENDOR agrees to provide an annual audit
report consistent with the provisions of the Single Audit Act and/or OMB Uniform Grant
Guidance in accordance with government auditing standards, as applicable, within nine
(9) months after VENDOR’s fiscal year-end. The cost of an audit is not reimbursable from
funds received through this Agreement.
2. VENDOR shall provide all information requested by COUNTY and report as directed by
COUNTY.
As applicable, VENDOR shall maintain property records that include a description of the
applicable property, a serial number or other identification number, the source of the property,
who holds title, the acquisition date and cost of the property, the percentage of federal
participation in the cost of the property, the location, use and condition of the property, and any
ultimate disposition data, including the date of disposal and sale price of the property. VENDOR
shall make said records available to COUNTY within five (5) business days of COUNTY’s written
request.
Failure to comply with the above requirements may result in forfeiture of funds. Without limiting
any other remedies available at law, COUNTY reserves the right to recover from VENDOR the
full amount of any funds found to be improperly expended or otherwise disallowed.
We certify and assure that we are in compliance with the above conditions.
Specifically, our organization's financial management system provides for the following:
1. Accurate, current, and complete disclosure of the financial results of each federally
sponsored project or program in accordance with the reporting requirements set forth in
OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (Uniform Grant Guidance). 2. Records that identify adequately the source
and application of funds for federally sponsored activities. These records contain
information pertaining to federal awards, authorizations, obligations, unobligated balances,
assets, outlays, and income.
18
3. Effective control over and accountability for all funds, property, and other assets. These
assets are adequately safeguarded and are used solely for authorized purposes.
4. Comparison of actual outlays with budget amounts for each grant or other agreement and,
whenever appropriate or required, comparisons of financial information with performance
and unit cost data.
5. Procedures to minimize the elapsed time between the transfer of funds from the county to
our organization and the disbursement of funds by our organization.
6. Procedures for determining the reasonableness, allowability, and allocability of costs in
accordance with the provisions of the applicable federal cost principles and the terms of
the grant or other agreement.
7. Accounting records that are supported by source documentation.
8. Annual audits by a firm of independent certified public accountants to ascertain the
effectiveness of the financial management systems and internal procedures that we have
established to meet the terms and conditions of the federal grants and other agreements.
The audits are conducted on an organization-wide basis and include an appropriate
sampling of federal agreements.
9. A systematic method to assure timely and appropriate resolution of audit findings and
recommendations.
10. Organizations (VENDORs) that receive CDBG funds from us are required to comply
with the financial management standards set forth in this certification.
Golden Valley City Council Meeting
January 4, 2022
Agenda Item
3. D. Approve Resolution No. 22-003 Designating Depository for City Funds
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 No. 22-003 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. 22-003 Designating Depository for City Funds.
Supporting Documents
Resolution No. 22-003 Designating Depository for City Funds (2 pages).
RESOLUTION NO. 22-003
RESOLUTION DESIGNATING DEPOSITORY FOR CITY FUNDS
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
Supervisor 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 Stifel Nicolas & Co Inc
Bell Bank Sunrise Bank
BNC National Bank UBS
MidWest One US Bank
Piper Jaffray Companies Wells Fargo
RBC-Dain Rauscher
BE IT FURTHER 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 Tem and Treasurer or Accounting Supervisor;
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 Supervisor 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.
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
Resolution 22-003 -2- January 4, 2022
shall require one (1) signature. Transfers from accounts are authorized by the
Finance Director or Accounting Supervisor.
4. ACH Transfers: (City of Golden Valley General Account):
Will be authorized for the Payroll Accountant, Accounting Supervisor or
Finance Director/Treasurer for payroll transfers created by the Payroll
System.
Will be authorized for the Deputy Registrar, Accounting Supervisor or
Finance Directory/Treasurer for transfers to the State or Department of
Department of Natural Resources (DNR).
Will be authorized for the Accounting Supervisor 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 4th day of January 2022.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
Golden Valley City Council Meeting
January 4, 2022
Agenda Item
3. E. Approval of the Use of Credit Cards for Purchases for 2022
Prepared By
Sue Virnig, Finance Director
Summary
MN Statute 471.382 authorizes the use of credit cards by cities; however 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:
Speedway Sears
Northern Tool 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 uses 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.
Staff is recommending the City Council authorize the use of the 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
Motion to approve usage of City 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.
Golden Valley City Council Meeting
January 4, 2022
Agenda Item
3. F. Approve Resolution No. 22-004 Making Annual Elections for the 2022-2023 Insurance Policy
Prepared By
Sue Virnig, Finance Director
Summary
Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide
whether to waive the statutory tort liability limits to the extent of the coverage purchased. Staff
recommends that the City Council does not waive the statutory limit on tort liability established by
Minnesota Statues 466.04 for the 2022-2023 insurance policy. This policy is a February 1, 2022,
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 of Minnesota Cities reflect this coverage.
Recommended Action
Approve Resolution No. 22-004 Making Annual Elections for the 2022-2023 Insurance Policy (1 page).
Supporting Documents
Resolution No. 22-004 Making Annual Elections for the 2022-2023 Insurance Policy.
Resolution NO. 22-004
RESOLUTION MAKING ANNUAL ELECTIONS
FOR THE 2022-2023 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 2022-23 insurance policy.
Adopted by the City Council of Golden Valley, Minnesota this 4th day of January 2022.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
Golden Valley City Council Meeting
January 4, 2022
Agenda Item
3. G. Designation of 2022 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 2022 Council Budget has $15,000 allocated to public hearing notices.
Recommended Action
Motion to designate the New Hope/Golden Valley Sun-Post as the 2022 official newspaper for the City
of Golden Valley.
Golden Valley City Council Meeting
January 4, 2022
Agenda Item
3. H. 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=876916&dbid=0&repo=GoldenValley
The check register for approval:
• 12-20-21 Check Register
Golden Valley City Council Meeting
January 4, 2022
Agenda Item
4. A. 1. Approve Resolution No. 22-005 Adopting and Confirming Assessments for Various Public
Improvements in the 2022 Pavement Management Area
Prepared By
Sue Virnig, Finance Director
Summary
The following resolution needs to be approved for the certification of special assessments for the 2022
Pavement Management area.
All Pavement Management Projects are financed by selling General Obligation Bonds for the
construction of the street portion of the project. Those bonds need to be financed by a minimum of
20% from special assessments. The remaining costs are funded by bond sales that are paid back
through a city tax levy.
The following meetings were held on the 2022 Pavement Management Program:
July 2020 1st Open House
May 2021 2nd Open House
November 3, 2021 Public Hearing – Proposed Improvements
December 2, 2021 Project Bid Opening
January 4, 2022 Public Hearing – Proposed Assessments
January 4, 2022 Award Contract
Spring 2022 Begin Construction
Fall 2022 Project Completion
A legal notice was published December 16, 2021. On December 10, 2021, all property owners were
mailed a hearing notice of the assessment, resolution that will be considered, sample payment
schedule and commonly asked questions.
Property owners will have until November 14, 2022, to make payment with no interest. After that date
the amount will be certified and paid with property taxes at a 4% interest rate.
2022 Pavement Management Program - Includes various improvements for streets in the following
locations:
City Council Regular Meeting Executive Summary
City of Golden Valley
January 4, 2022
2
2022 PAVEMENT MANAGEMENT: The proposed project includes: All properties in the SW ¼ of the
NE ¼ of Section 30, Township 118 North, Range 21 West; within the City of Golden Valley, Hennepin
County, Minnesota, that are adjacent to the following streets:
• Duluth Street: West cul-de-sac to Wisconsin Avenue North
• Westbend Road: Zealand Avenue North to Wisconsin Avenue North
• Winnetka Heights Drive: Zealand Avenue North to Xylon Avenue North
• Aquila Avenue North: Duluth Street to 23rd Avenue North
• Zealand Avenue North: Duluth Street to 23rd Avenue North
• Xylon Avenue North: Westbend Road to 23rd Avenue North
Financial Or Budget Considerations
In 2022, the bond issuance size is $3,950,000 for the street portion of the 2022 PMP area. The sale of
bonds will be issued at an upcoming Council Meeting upon approval at this public hearing to finance
the PMP Project.
Recommended Action
Motion to Approve Resolution No. 22-005 Adopting and Confirming Assessments for Various Public
Improvements in the 2022 Pavement Management Area.
Supporting Documents
• Resolution No. 22-005 (2 pages)
RESOLUTION NO. 22-005
RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR
VARIOUS PUBLIC IMPROVEMENTS FOR STREETS IN THE
2022 PAVEMENT MANAGEMENT AREA
1. The amount proper and necessary to be specially assessed at this time for
various public improvements:
Project Years Interest Rate First Year Levy Total Assessed
2022 Pavement
Management Area
10
4%
2023
$878,999.50
against every assessable lot, piece, or parcel of land affected thereby has been duly
calculated upon the basis of benefits, without regard to cash valuation, in accordance with
the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published, as
required by law that this Council would meet to hear, consider and pass upon all objections,
if any, and said proposed assessment has at all time since its filing been open for public
inspection and an opportunity has been given to all interested persons to present their
objections if any, to such proposed assessments.
2. This Council, having heard and considered all objections so presented, finds that
each of the lots, pieces and parcels of land enumerated in the proposed assessment was
and is specially benefited by the construction of said improvement in not less than the
amount of the assessment set opposite the description of each such lot, piece and parcel of
land respectively, and such amount so set out is hereby levied against each of the
respective lots, pieces and parcels of land therein described.
3. The proposed assessments are hereby adopted and confirmed as the proper
assessments for each of said lots, pieces and parcels of land respectively, and the
assessment against each parcel, together with interest at the rate of four (4) percent per
annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general
taxes upon parcel and all thereof. The total amount of each such assessment not prepaid
shall be payable in equal annual principal installments extending over a period of years, as
indicated in each case. The first of said installments, together with interest on the entire
assessment for the period of January 1, 2023 through December 31, 2023, will be payable
with general taxes for the year of 2022, collectible in 2023, and one of each of the
remaining installments, together with one year’s interest on that and all other unpaid
installments, will be paid with general taxes for each consecutive year thereafter until the
entire assessment is paid.
4. Prior to certification of the assessment to the County Auditor, the owner of any
lot, piece or parcel of land assessed hereby may at any time pay the whole such
assessment, with interest to the date of payment, to the City Treasurer, but no interest shall
be charged if such payment is made by November 14, 2022.
Resolution No. 21-005 - Continued January 4, 2022
5. The City Clerk shall, as soon as may be, prepare and transmit to the County
Auditor a certified duplicate of the assessment roll, with each installment and interest on
each unpaid assessment set forth separately, to be extended upon the proper tax lists of
the County and the County Auditor shall thereafter collect said assessment in the manner
provided by law.
Adopted by the City Council of Golden Valley, Minnesota this 4th day of January 2022.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
Golden Valley City Council Meeting
January 4, 2022
Agenda Item
4. A. 2. Award Contract for Construction Engineering Services 2022 Pavement Management Program
with Short Elliott Hendrickson, Inc.
Prepared By
Jeff Oliver, PE, City Engineer
R.J. Kakach, PE, Assistant City Engineer
Summary
Construction Observation and Engineering Services
Staff has received a proposal from the consulting engineering firm of Short Elliott Hendrickson, Inc.
(SEH), dated December 10, 2021, for construction staking and observation for the 2022 PMP. The
construction staking includes all survey work during construction, record drawing survey, and drawing
preparation following construction. Construction observation for this project will be performed by both
City and SEH staff. The proposal includes a not-to-exceed amount of $239,900 that will be financed
from the street reconstruction portion of the project.
Design services for the PMP were also provided by SEH with a contract total not to exceed $388,100,
which were approved at the November 19, 2019 City Council meeting.
Financial Or budget Considerations
The financing for the SEH Construction Services contract is funded from the 2022 CIP as follows:
Street CIP (S-001) $3,950,000 $148,730
Storm Sewer CIP (SS-01) $1,250,00 $ 21,600
Sanitary Sewer CIP (W&SS-01) $1,300,000 $ 64,770
Duluth Sidewalk CIP (S-053) $175,000 $ 4,800
It is expected that construction will begin as weather permits in April 2022 and be completed in the
fall.
Recommended Actions
Motion to authorize the Mayor and City Manager to execute a professional services agreement with
Short Elliott Hendrickson, Incorporated in the form approved by the City Attorney for the observation,
construction staking, and engineering services on the 2022 PMP, for an amount not to exceed
$239,900.
Support Documents
• Location map (1 page)
• Professional Services Agreement dated January 4, 2022 (15 pages)
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Aquila Ave NWisconsin Ave N23rd Ave N
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Duluth St Xylon Ave NElgin Pl
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WisconsinAveNAquilaAveNWestbend Rd
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Print Date: 6/15/2020Sources:-Hennepin County Surveyors Office for Property Lines (2020) & Aerial Photography (2018).-City of Golden Valley for all other layers.
CIP Streets
2022 (21-01) 1.33 miles local
2022 PMP(21-01 Project)
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this 4th day of January 2022 (“Effective Date”) by and between Short Elliott
Hendrickson, Incorporated. A Minnesota company with its principal office at 3535Vadnais Center Drive,
St. Paul, Minnesota 55110-3507 (“Consultant”), and the City of Golden Valley, Minnesota, a Minnesota
municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”):
RECITALS
A. Consultant is engaged in the business of providing professional engineering consulting services.
B. The City desires to hire Consultant to provide concept plan development services for the 2022
Pavement Management Program Project.
C. Consultant represents that it has the professional expertise and capabilities to provide the City
with the requested professional services.
D. The City desires to engage Consultant to provide the services described in this Agreement and
Consultant is willing to provide such services on the terms and conditions in this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City
and Consultant agree as follows:
AGREEMENT
1. Services. Consultant agrees to provide the City with professional consulting services as
described in the attached Exhibit A (the “Services”). Exhibit A shall be incorporated into this Agreement
by reference. All Services shall be provided in a manner consistent with the level of care and skill
ordinarily exercised by professionals currently providing similar services.
2. Time for Completion. The Services shall be completed on or before 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 according to
Consultant’s fee schedule, attached hereto as Exhibit B. Consultant’s total compensation for the
Services shall not exceed $239,900. The consideration shall be for both the Services performed by
Consultant and the expenses incurred by Consultant in performing the Services. The City shall make
progress payments to Consultant on a monthly basis. Consultant shall submit statements to the City
containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Consultant
during the relevant billing period. The City shall pay Consultant within thirty (30) days after Consultant’s
statements are submitted.
4. Expense Reimbursement. Consultant shall not be compensated separately for necessary
incidental expenses. All expenses of Consultant shall be built into Consultant’s hourly compensation
2
rate, unless reimbursement is provided for an expense that received the prior written approval of the
City, which approval may be provided via electronic mail.
5. Approvals. Consultant shall secure the City’s written approval before making any expenditures,
purchases, or commitments on the City’s behalf beyond those listed in the Services. The City’s approval
may be provided via electronic mail.
6. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may
be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time;
b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City
upon providing thirty (30) days’ written notice to the City;
c. The City may terminate this Agreement at any time at its option, for any reason or no reason at
all; or
d. The City may terminate this Agreement immediately upon Consultant’s failure to have in force
any insurance required by this Agreement.
In the event of a termination, the City shall pay Consultant for Services performed to the date of
termination and for all costs or other expenses incurred prior to the date of termination.
7. Amendments. No amendments may be made to this Agreement except in a writing signed by
both parties.
8. Remedies. In the event of a termination of this Agreement by the City because of a breach by
Consultant, the City may complete the Services either by itself or by contract with other persons or
entities, or any combination thereof. These remedies provided to the City for breach of this Agreement
by Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or
equitable remedies available because of Consultant’s breach.
9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that
the books, records, documents, and accounting procedures and practices of Consultant, that are
relevant to this Agreement or transaction, are subject to examination by the City and the state auditor
or legislative auditor for a minimum of six years. Consultant shall maintain such records for a minimum
of six years after final payment. The parties agree that this obligation will survive the completion or
termination of this Agreement.
10. Indemnification. To the fullest extent permitted by law, Consultant, and Consultant's successors
or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials,
agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind,
nature, or character; damages; losses; and costs, disbursements, and expenses of defending the same,
including but not limited to attorneys’ fees, professional services, and other technical, administrative or
professional assistance resulting from or arising out of Consultant’s (or its subcontractors, agents,
volunteers, members, invitees, representatives, or employees) performance of the duties required by or
arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful
misconduct by 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
3
which the City is entitled. The parties agree that these indemnification obligations shall survive the
completion or termination of this Agreement.
11. Insurance. Consultant shall maintain reasonable insurance coverage throughout this
Agreement. Consultant agrees that before any work related to the approved project can be performed,
Consultant shall maintain at a minimum:
Workers’ Compensation and Employers’ Liability
1. Coverage A: Per State Statute
2. Coverage B: $500,000 Each Accident
$500,000 Disease – Policy Limit
$500,000 Disease – Each Employee
Commercial General Liability
1. $2,000,000 General Aggregate
2. $2,000,000 Products – Completed Operations Aggregate
3. $1,000,000 Each Occurrence
4. $1,000,000 Personal Injury
Commercial Automobile Liability
1. $1,000,000 Combined Single Limit Bodily Injury and Property Damage
The Commercial Automobile Liability shall provide coverage for the
following automobiles:
1. All Owned Automobiles
2. All Non-Owned Automobiles
3. All Hired Automobiles
Umbrella Liability
1. $10,000,000 Each Claim
$10,000,000 Annual Aggregate
2. The Umbrella Liability provides excess limits for the Commercial General Liability,
Employers’ Liability, and Commercial Automobile Liability policies.
Professional and Pollution Incident Liability
Professional Liability insurance including Pollution Incident Liability coverage with
limits of not less than $5,000,000 Per Claim/ $5,000,000 Annual Aggregate.
Consultant shall provide the City with a current certificate of insurance including the following
language: “The City of Golden Valley is named as an additional insured with respect to the commercial
general liability, business automobile liability and umbrella or excess liability, as required by the
contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such
certificate of liability insurance shall list the City as an additional insured and contain a statement that
such policies of insurance shall not be canceled or amended unless 30 days written notice is provided to
the City, or 10 days written notice in the case of non-payment.
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12. Subcontracting. Neither the City nor Consultant shall assign or transfer any rights under or
interest (including, but without limitation, moneys that may become due or moneys that are due) in this
Agreement without the written consent of the other except to the extent that the effect of this
limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to
an assignment, no assignment will release or discharge the assignor from any duty or responsibility
under this Agreement. Nothing contained in this paragraph shall prevent Consultant from employing
such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in
the performance of the Services required by this Agreement. Any instrument in violation of this
provision is null and void.
13. Assignment. Neither the City nor Consultant shall assign this Agreement or any rights under or
interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any
assignment in violation of this provision is null and void.
14. Independent Contractor. Consultant is an independent contractor. Consultant’s duties shall be
performed with the understanding that Consultant has special expertise as to the services which
Consultant is to perform and is customarily engaged in the independent performance of the same or
similar services for others. Consultant shall provide or contract for all required equipment and
personnel. Consultant shall control the manner in which the services are performed; however, the
nature of the Services and the results to be achieved shall be specified by the City. The parties agree that
this is not a joint venture and the parties are not co-partners. Consultant is not an employee or agent of
the City and has no authority to make any binding commitments or obligations on behalf of the City
except to the extent expressly provided in this Agreement. All services provided by Consultant pursuant
to this Agreement shall be provided by Consultant as an independent contractor and not as an
employee of the City for any purpose, including but not limited to: income tax withholding, workers'
compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee
benefits.
15. Compliance with Laws. Consultant shall exercise due professional care to comply with
applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date
Consultant agrees to provide the Services. Consultant’s guests, invitees, members, officers, officials,
agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies
prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco,
Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and
procedures regulating the conduct of persons on City property, at all times while performing duties
pursuant to this Agreement. Consultant agrees and understands that a violation of any of these policies,
procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate
termination of the Agreement by the City.
16. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the
parties shall constitute the entire agreement between the City and Consultant, and supersedes any
other written or oral agreements between the City and Consultant. This Agreement may only be
modified in a writing signed by the City and Consultant. If there is any conflict between the terms of this
Agreement and the referenced or attached items, the terms of this Agreement shall prevail. If there is
any conflict between this Agreement and Exhibits A or B, the terms of this Agreement shall prevail.
17. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
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18. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance
with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this
Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties
to this Agreement waive any objection to the jurisdiction of these courts, whether based on
convenience or otherwise.
19. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in its representation of the City. In the event of a conflict of interest,
Consultant shall advise the City and either secure a waiver of the conflict, or advise the City that it will
be unable to provide the requested Services.
20. Work Products and Ownership of Documents. All records, information, materials, and work
product, including, but not limited to the completed reports, data collected from or created by the City
or the City’s employees or agents, raw market data, survey data, market analysis data, and any other
data, work product, or reports prepared or developed in connection with the provision of the Services
pursuant to this Agreement shall become the property of the City, but Consultant may retain
reproductions of such records, information, materials and work product. Regardless of when such
information was provided or created, Consultant agrees that it will not disclose for any purpose any
information Consultant has obtained arising out of or related to this Agreement, except as authorized by
the City or as required by law. Notwithstanding the foregoing, nothing in this Agreement shall grant or
transfer any rights, title or interests in any intellectual property created by Consultant prior to the
effective date of this Agreement; however, to the extent Consultant generates reports or
recommendations for the City using proprietary processes or formulas, Consultant shall provide the City
(1) factual support for such reports and recommendations; (2) a detailed explanation of the method
used and data relied upon to arrive at the recommendation; and (3) a detailed explanation of the
rationale behind the methodology used. All of the obligations in this paragraph shall survive the
completion or termination of this Agreement.
21. Agreement Not Exclusive. The City retains the right to hire other professional service providers
for this or other matters, in the City’s sole discretion.
22. Data Practices Act Compliance. Any and all data provided to Consultant, received from
Consultant, created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant
to this Agreement shall be administered in accordance with, and is subject to the requirements of the
Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Consultant agrees to notify
the City within three business days if it receives a data request from a third party. This paragraph does
not create a duty on the part of Consultant to provide access to public data to the public if the public data
are available from the City, except as required by the terms of this Agreement. These obligations shall
survive the termination or completion of this Agreement.
23. No Discrimination. Consultant agrees not to discriminate in providing products and services under
this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation,
status with regard to public assistance, or religion. Violation of any part of this provision may lead to
immediate termination of this Agreement. Consultant agrees to comply with Americans with Disabilities
Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human
Rights Act, Minnesota Statutes, Chapter 363A. Consultant agrees to hold harmless and indemnify the
City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or
6
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.
24. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is
R.J. Kakach, Assistant City Engineer, or designee. Consultant’s authorized agent for purposes of
administration of this contract is Scott Haupt, PE, or designee who shall perform or supervise the
performance of all Services.
25. Notices. Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return
receipt requested, addressed to:
CONSULTANT THE CITY
Short Elliott Hendrickson, Inc. City of Golden Valley
3535 Vadnais Center Drive ATTN: R.K. Kakach
St. Paul, MN 55110-3507 7800 Golden Valley Road
Golden Valley, MN 55437
rkakach@goldenbvalleymn.gov
or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
26. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver
of any other provisions or any other or further breach, and no such waiver shall be effective unless
made in writing and signed by an authorized representative of the party to be charged with such a
waiver.
27. Headings. The headings contained in this Agreement have been inserted for convenience of
reference only and shall in no way define, limit or affect the scope and intent of this Agreement.
28. Payment of Subcontractors. Consultant agrees that it must pay any subcontractor within 10
days of the prime contractor’s receipt of payment from the municipality for undisputed Services
provided by the subcontractor. Consultant agrees that it must pay interest of 1-1/2 percent per month
or any part of a month to the subcontractor on any undisputed amount not paid on time to the
subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more
is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to
the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a
prime contractor 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
7
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.
SHORT ELLIOTT HENDRICKSON, INC.: CITY OF GOLDEN VALLEY:
By: _________________________________
Name: ______________________________
Title: _______________________________
By: _________________________________
Shepard M. Harris, Mayor
By: _________________________________
Timothy J. Cruikshank, City Manager
8
EXHIBIT A
SCOPE OF SERVICES
Engineers | Architects | Planners | Scientists
Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-3507
651.490.2000 | 800.325.2055 | 888.908.8166 fax | sehinc.com
SEH is 100% employee-owned | Affirmative Action–Equal Opportunity Employer
December 10, 2021 RE: City of Golden Valley
2022 Pavement Management Program
Construction Services Proposal
City Project No. 21-01
SEH No. GOLDV P-164174 14.00
Mr. Jeff Oliver
City Engineer
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427-4588
Dear Mr. Oliver:
Thank you for the opportunity to assist the City of Golden Valley in providing professional engineering
services for the reconstruction of streets in the 2022 Pavement Management Program (PMP) project
area. Short Elliott Hendrickson (SEH®) has recently completed final design services and the City is
requesting a scope of work that provides construction services. This letter serves as the Scope of
Services for the Agreement for Professional Services for the 2022 Pavement Management Program
Project between the City of Golden Valley and SEH.
BACKGROUND
The City of Golden Valley proposes to reconstruct approximately 1.33 miles of streets in the
neighborhood located northeast of the General Mills Research Nature Area in the northwest part of the
City. The project is generally bounded by Aquila Avenue North on the West, Wisconsin Avenue North on
the East, Duluth Street on the South, and 23rd Avenue North on the North.
The following streets are included in the project:
· Aquila Avenue North, Duluth Street to 23rd Avenue North
· Zealand Avenue North, Duluth Street to 23rd Avenue North
· Xylon Avenue North, Westbend Road to 23rd Avenue North
· Duluth Street, west cul-de-sac to Wisconsin Avenue North
· Westbend Road, Zealand Avenue North to Wisconsin Avenue North
· Winnetka Heights Drive, Zealand Avenue North to Xylon Avenue North
The proposed improvements include water main and storm sewer replacement, sanitary sewer repairs,
construction of concrete curb and gutter, concrete sidewalk, and street reconstruction.
Construction services for the 2022 PMP include construction staking, providing a Resident Project
Representative (RPR), and limited construction observation as described below. We understand the City
will be providing overall construction administration on this project.
Mr. Jeff Oliver
December 10, 2021
Page 2
SCOPE OF WORK
Construction Staking
SEH will provide a survey crew to perform construction staking for the proposed improvements within the
proposed project area. Staking tasks for this project will include placement of horizontal and vertical
control, utility staking for private utilities, water main stakes, sanitary sewer manhole stakes, storm sewer
stakes, curb and gutter stakes, blue tops after curb is in place, sidewalk stakes, pedestrian ramp stakes,
and truck/equipment expenses. All survey coordination for construction staking and observation will be
between the survey crew chief and the City.
Resident Project Representative
The Resident Project Representative (RPR) is the Engineer’s agent at the site and will act as directed by
and under supervision of the Engineer. The RPR shall serve as the liaison with the contractor, working
principally through the contractor’s superintendent. They will assist in helping the contractor understand
the intent of the Contract Documents. The field personnel will review the progress schedule, shop
drawings, and required submittals, Schedule of Materials Control and consult with the Engineer
concerning acceptability. The RPR will be responsible for maintaining job site files, for correspondence,
meeting reports, field orders, and supplemental agreements. They will maintain a daily diary and records
pertaining to quantities, and will assist City staff with the applications for payment. The RPR will also
keep information pertaining to record plans and will assist City staff with scheduling the survey crew
based on staking requests from the contractor’s representative.
Observation
SEH will provide observation services including attendance at the pre-construction meeting and weekly
construction meetings, and will perform shop drawing reviews for the proposed improvements. The
proposed budget also includes minor technical support for geotechnical issues that may arise. Time has
also been included in the proposed budget to assist the City with project closeout activities.
Record Plans
SEH will furnish the City with AutoCAD files for the City’s use in preparing the record drawings.
PROJECT TEAM
Scott Haupt will be available to answer design related questions and provide coordination with field staff
and will provide project management of our contract with the City. He will also be available to review
design issues in the field if necessary. Robb Stevenson will serve as the RPR and will assist the City with
field representation. Nick Domiano will be the lead Survey Crew Chief. Brett Larsen will be available to
provide geotechnical field support as may be required with the subgrade correction work.
SCHEDULE
We anticipate construction starting in April and ending in October 2022, however the actual schedule will
depend on the Contractor’s schedule and weather.
COMPENSATION
SEH proposes to be compensated for the scope of work proposed in the Agreement on an hourly basis.
Compensation will be based on the hourly cost of personnel plus reimbursable expenses, including
reproductions, mileage, personal vehicle allowance, and equipment. Additional services required beyond
the tasks and estimated hours as described can be negotiated or provided as extra work on an hourly
basis.
Mr. Jeff Oliver
December 10, 2021
Page 3
We have estimated the construction services described above to cost a total of $239,900. Anticipated
tasks, hours and expenses are included in the attached work task breakdown. The City of Golden Valley
will be invoiced for actual labor and reimbursable expenses incurred by SEH to complete the work.
This agreement is an understanding of the project to date. If this document satisfactorily sets forth your
understanding of our agreement, please sign in the space below and email SEH an electronic copy.
We look forward to working with you, your staff and the community on this project, and appreciate the
continued opportunity to work with the City of Golden Valley.
Sincerely,
SHORT ELLIOTT HENDRICKSON INC.
Scott Haupt, PE (Lic. MN)
Project Manager
s:\fj\g\goldv\common\proposals\2022 pmp (former 2021 pmp)\construction\2022 pmp construction services proposal_12-10-2021.docx
2022 PMP - Construction Services
Deliverables:Construction Observation, Construction Staking, Full Time RPR, Record Plan Assistance
Project Manager Geotech Engineer GIS Technician Project Engineer Sr. RPR Admin Survey Crew
1 Additional Design Services
Design updates impacted by street narrowing 16 20 6
2 Observation/Administration
Prepare & distribute Construction Documents 2 2
Precon meeting 4 2 8 2
Shop drawing review/coordination 8 4 20
Project administration/design coordination 40 16 8 24 6
On-site observation/weekly construction meetings 1400
3 Construction Staking
Horizontal control 8
Pedestrian ramps 10
Sanitary sewer 14
Water main 30
Storm sewer 30
Curb and gutter 44
Sidewalk 8
Data transfer 8 22
Blue tops after curb is in place 16
4 Record Drawings/Closeout Assistance
Record plan & closeout assistance 8 20 20
Total hours 1826 78 16 8 78 1448 14 184
Project labor cost this phase $227,000
Equipment charges
Mileage and Expenses $5,300
Reproductions $1,200
Survey Truck and Equipment $6,400
Total project cost this task $239,900
Assumptions:
1. Survey Crew and RPR based on assumed project schedule (mid April to mid-October).
2. Construction services are largely dependant on weather and contractor's schedule. RPR's estimate of hours based on 50 hours per week for 28 weeks.
3. The on-site observation/construction meetings task includes time for project closeout activities.
4. Materials sampling & testing will performed by others.
5. Record plan assistance includes preparing & providing design files to City for their staff's use in preparing Record Plans.
6. No record plan survey will be needed.
Task
12/6/2021 10:24 AM S:\FJ\G\Goldv\Common\proposals\2022 PMP (former 2021 PMP)\Construction\2022 PMP Construction Services Proposal_12-06-2021.xlsx
EXHIBIT B
SHORT ELLIOTT HENDRICKSON INC.
SEH Hourly Billable Rates – 2022
Classification – Office Staff Billable Rate(1)
Principal $175 - $295
Project Manager $145 - $260
Senior Project Specialist $140 - $240
Project Specialist $105 - $190
Senior Professional Engineer I $120 - $195
Senior Professional Engineer II $145 - $245
Professional Engineer $110 - $180
Graduate Engineer $90 - $150
Senior Architect $130 - $230
Architect $115 - $165
Graduate Architect $90 - $120
Senior Landscape Architect $120 - $185
Landscape Architect $100 - $135
Graduate Landscape Architect $90 - $110
Senior Scientist $135 - $185
Scientist $95 - $150
Graduate Scientist $85 - $115
Senior Planner $135 - $230
Planner $105 - $165
Graduate Planner $95 - $130
Senior GIS Analyst $115 - $190
GIS Analyst $105 - $130
Project Design Leader $125 - $200
Lead Technician $110 - $185
Senior Technician $95 - $150
Technician $65 - $125
Graphic Designer $95 - $160
Administrative Professional $55 - $140
Classification – Field Staff Billable Rate(1)
Professional Land Surveyor $115 - $175
Lead Resident Project Representative $100 - $170
Sr. Project Representative $95 - $150
Project Representative $80 - $135
Survey Crew Chief $90 - $150
Survey Instrument Operator $60 - $105
(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, 2022
Expires: December 31, 2022
SHORT ELLIOTT HENDRICKSON INC.
SEH Schedule of Expenses – 2022
Vehicle Mileage Rates
2022 IRS Rate ................................................................................... TBD
Vehicle Allowance Costs
Resident Project Representative .............................................. $16.00/day
Survey and Field Vehicle ............. $4.50/hour + 2022 IRS mileage rate/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; 3-D printers; drones,
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 (1) (2)
Item 8½x11 11x17 Large Format Per Item
Black/White Copy (3) 0.07 0.24 0.95 + 0.50/sq. ft.
Color Copy (3) 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"x 42"
– larger than 40"x 60"
40.00
75.00
3-Ring Binder size 1” 2” 3” 4”
cost 3.20 4.80 5.60 7.24
Machine Folding 0.02
Binding
wire
comb
3.60
3.20
Covers
custom
blank
0.15
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.
Golden Valley City Council Meeting
January 4, 2022
Agenda Item
4. A. 3. Award Construction Contract for 2022 Pavement Management Program Project #21-01
Prepared By
Jeff Oliver, PE, City Engineer
R.J. Kakach, PE, Assistant City Engineer
Summary
Award Construction Contract
Bids for the 2022 Pavement Management Program (PMP) City Improvement Project 21-01 were
opened virtually on December 2, 2021. The following bids were received:
Contractor Base Bid Alt Bid A Alt Bid B
GMH Asphalt Corporation $5,263,550.91 $36,955.00 $278,160.00
Park Construction $5,573,312.00 $36,955.00 $282,150.00
Valley Paving $5,656,237.69 $45,296.00 $296,704.95
Northwest Asphalt $6,078,374.28 $46,502.50 $304,617.50
New Look Contracting $6,345,652.25 $38,475.00 $304,000.00
Ryan Contracting $6,632,935.55 $38,000.00 $304,000.00
S.M. Hentges & Sons $6,784,510.45 $43,153.75 $282,150.00
Northdale Construction $7,013,460.79 $44,388.75 $290,771.70
Low Bid Total: GMH Asphalt Corporation $5,263,550.91
Staff reviewed the bids and found them to be accurate and in order. Staff recommends awarding the
Contract to GMH Asphalt Corporation for all work associated with the base bid only. No alternate bids
are recommended at this time.
Construction Observation and Engineering Services
In addition to the construction contract, there are additional contracts associated with the project that
Council should be aware of. First, staff has received a proposal from the consulting engineering firm of
Short Elliott Hendrickson, Inc. (SEH), dated December 10, 2021 for construction staking and
observation for the 2022 PMP. The construction staking includes all survey work during construction,
record drawing survey, and drawing preparation following construction. Construction observation for
City Council Regular Meeting Executive Summary
City of Golden Valley
January 4, 2022
2
this project will be performed by both City and SEH staff. The proposal includes a not-to-exceed
amount of $239,000, a portion of which will be financed from the street reconstruction portion of the
project.
Secondly, design services for the PMP, which included preparation of the plans and specifications for
the project, were also provided by SEH with a contract total not to exceed $388,100, and approved at
the November 19, 2019 City Council meeting.
Financing
The financing for the construction contract is summarized as follows:
• The bid for street reconstruction totals $3,453,950.30 and is within the $3,950,000 included
in the Street 2022 CIP (S-001) for the project. This amount does not include indirect costs
associated with the improvement.
• The total bid for sanitary sewer and watermain improvements is $1,233,453.26 and is
within the $1,300,000 included in the Water and Sanitary Sewer Utility 2022 CIP (W&SS-
001) for this project. This amount does not include indirect costs associated with the
improvement
• The total bid for storm sewer improvements is $520,031.70 and is within the $1,250,000
included in the Storm Sewer 2022 CIP (SS-01) for this project. This amount does not include
indirect costs associated with the improvement
• The total bid for the Duluth Street sidewalk construction is $56,115.65 and is within the
$175,000 included in the Street 2022 CIP (S-053) for the project. This amount does not
include indirect costs associated with the improvement.
It is expected that construction will begin as weather permits in April 2022 and be completed in the
fall.
Recommended Action
Motion to authorize the Mayor and City Manager to execute a construction agreement with GMH
Asphalt Corporation in the form approved by the City Attorney for the 2022 Pavement Management
Project #21-01 in the amount of $5,263,550.91.
Supporting Documents
• Location map (1 page)
• Contract with GMH Asphalt, Corporation (3 pages)
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P a tsy Ln
Duluth St Xylon Ave NElgin Pl
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WisconsinAveNAquilaAveNWestbend Rd
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0 250 500125Feet
Print Date: 6/15/2020Sources:-Hennepin County Surveyors Office for Property Lines (2020) & Aerial Photography (2018).-City of Golden Valley for all other layers.
CIP Streets
2022 (21-01) 1.33 miles local
2022 PMP(21-01 Project)
FC - 1
CONTRACT NO. 21-01
AGREEMENT FOR THE 2022 PAVEMENT MANAGEMENT
PROJECT NO. 21-01
THIS AGREEMENT (this “Agreement”), entered into the 4th day of January, 2022
between the City of Golden Valley (the “City”), a municipal corporation, existing under
the laws of the State of Minnesota, and GMH Asphalt Corporation, a corporation, under
the laws of Minnesota (“Contractor”).
ARTICLE 1. The Contract Documents. The Contract Documents consist of: this
Agreement, the Proposal and Bid of the Contractor, the Contractor’s Bonds, the General
Conditions, Special Conditions and any supplementary conditions, drawings, plans,
Specifications, addenda issued prior to execution of this Agreement, other documents
listed herein or in any of the foregoing documents, and Modifications of the same issued
after execution of this Agreement (collectively the “Contract” or “Contract Documents”).
A Modification is (1) a written amendment to the Contract signed by both parties, (2) a
Change Order, (3) a Construction Change Directive, or (4) a written order for a minor
change in the Work issued by the Engineer.
In the event of a conflict among the various provisions of the Contract Documents, the
terms shall be interpreted in the following order of priority:
1. Modifications to the Contract
2. This Agreement
3. Special Conditions
4. General Conditions
Drawings shall control over Specifications, and detail in drawings shall control over
large-scale drawings.
All capitalized terms used and not otherwise defined in this Agreement, but defined
elsewhere in the Contract Documents, shall have the meaning set forth in the Contract
Documents.
ARTI CLE 2. The Work. Contractor, for good and valuable consideration the sufficiency
of which is hereby acknowledged, covenants and agrees to furnish all materials, all
necessary tools and equipment, and to do and perform all work and labor necessary for
2022 Pavement Management Program (21-01) (the “Project”) according to the Plans
and Specifications and all of the Contract Documents.
Contractor shall commence and conclude the Work in accordance with the Contract
Documents. Time is of the essence in this Agreement. Accordingly, Contractor shall
complete the Work in accordance with the time schedule for commencement and
completion of the Work set forth in the Contract Documents. Contractor shall complete
the W ork in every respect to the satisfaction and approval of the City.
FC - 2
ARTICLE 3. Contract Price. The City shall pay the Contractor the Contract Price in
current funds for the Contractor’s performance of the Contract. The Contract Price shall
be $5,263,550.91, subject to additions and deductions as provided in the Contract
Documents.
Installment payments, if any, on account of the Work shall be made in accordance with
the provisions of the General Conditions. Final payment shall be due and payable on or
before thirty (30) days after issuance of a Certificate of Final Completion issued by the
City Engineer confirming that the Work has been fully completed and Contractor’s
obligations fully performed by Contractor.
ARTICLE 4. Contractor’s Bonds. Contractor shall make, execute and deliver to the
City corporate surety bonds in a form approved by the City, in the sum of $5,263,550.91
for the use of the City and of all persons furnishing labor, skill, tools, machinery or
materials to the Project. Said bonds shall secure the faithful performance and payment
of the Contract by the Contractor and shall be conditioned as required by law. This
Agreement shall not become effective unless and until said bonds have been received
and approved by the City.
ARTICLE 5. Acceptance of the Work. The City, through its authorized agents, shall
be the sole and final judge of the fitness of the W ork and its acceptability.
ARTICLE 6. Records. Contractor shall keep as complete, exact and accurate an
account of the labor and materials used in the execution of the Work as is possible, and
shall submit and make this information available as maybe requested by the City.
ARTICLE 7. Payment. All payments to Contractor shall be made payable to the order
of GMH Asphalt Corporation, and the City does not assume and shall not have any
responsibility for the allocation of payments or obligations of the Contractor to third
parties.
ARTICLE 8. Cancellation Prior to Execution. The City reserves the right, without
liability, to cancel the award of the Contract at any time before the execution of the
Contract by all parties.
ARTICLE 9. Special Assessment Contingency. The City’s obligation under this
contract is contingent upon the availability of appropriated funds, including funds
derived from special assessments, from which payment for contract purposes can be
made. The City shall not be legally liable for any payment under this Agreement unless
the special assessment appeal period under Minn. Stat. § 429.081 has passed and no
appeals have been received.
ARTICLE 10. Termination. The City may by written notice terminate the Contract, or
any portion thereof, when (1) it is deemed in the best public, state or national interest to
do so; (2) the Special Assessment contingency has not been met; (3) the City is unable
to adequately fund payment for the Contract because of changes in state fiscal policy,
regulations or law; or (4) after finding that, for reasons beyond Contractor’s control,
FC - 3
Contractor is prevented from proceeding with or completing the W ork within a
reasonable time.
In the event that any Work is terminated under the provisions hereof, all completed
items or units of W ork will be paid for at Contract Bid Prices. Payment for partially
completed items or units of W ork will be made in accordance with the Contract
Documents.
Termination of the Contract or any portion thereof shall not relieve Contractor of
responsibility for the completed W ork, nor shall it relieve Contractor’s Sureties of their
obligations for and concerning any just claims arising out of the W ork.
IN WITNESS WHEREOF, both parties hereto have caused this Contract to be signed
on their respective behalves by their duly authorized offices and their corporate seals to
be hereunto affixed the day and year first above written.
THE CITY OF GOLDEN VALLEY, MINNESOTA
BY
Shepard M. Harris, Mayor
BY
Timothy J. Cruikshank, City Manager
CONTRACTOR: GMH ASPHALT CORPORATION
BY
ITS
Golden Valley City Council Meeting
January 4, 2022
Agenda Item
4. B. 1. Public Hearing – Future Land Use Map Amendment for Artessa Senior Cooperative located on a
Portion of 7001 Golden Valley Road
Prepared By
Jason Zimmerman, Planning Manager
Summary
Artessa Development, LLC, originally proposed four planning actions to allow for the development of a
portion of the driving range owned by the Golden Valley Country Club. They requested a change to the
Future Land Use Map (from an Institutional use to High Density Residential use), a change to the Zoning
Map (from the Institutional (I-4) Zoning District to the High Density Residential (R-4) Zoning District), a
subdivision of the property to create a new lot of approximately 2.35 acres, and a conditional use permit
to allow for the construction of a sixth floor on the proposed senior cooperative building. Subsequently,
revised plans were submitted and the conditional use permit is no longer needed.
At its meeting on December 13, 2021, the Planning Commission voted (6-0) to recommend denial of the
land use change.
Background
7001 Golden Valley Road is the street address for the Golden Valley Country Club and Golf Course.
Despite being bisected by Golden Valley Road and a Union Pacific-owned railroad, the entire Country
Club site is considered a single parcel. Overall, the parcel is 148.76 acres (which will be reduced slightly
now that the Greenway Villas PUD in the northwest corner has been granted final approval); however,
this request is only related to a portion of the parcel located in the southeast corner of the site. The area
in question is at the far end of the existing driving range, along Country Club Drive and adjacent to the
vacant property previously occupied by Optum (United Health).
City staff were first approached by the Country Club in late 2019. The Club had identified areas of its
property which were no longer necessary or relevant to the golf course use, and they wanted to better
understand the approvals necessary in order to sell these portions of the property for subsequent
redevelopment. This site in the southeast corner of the lot was first marketed to builders and investors in
2020, following which the club selected Lifestyle Communities to partner with on the redevelopment.
City Council Regular Meeting Executive Summary
City of Golden Valley
January 4, 2022
2
Proposal
The original proposal for the site was to change the guided land use, change the zoning, proceed with a
subdivision that would create a new lot, and request a conditional use permit to construct a sixth story
on the proposed building. However, upon a recommendation of denial from the Planning Commission,
the applicant has since submitted revised plans showing a shorter building (five stories) with fewer units
(78). This version of the proposal has not been evaluated by the Planning Commission. At five stories, the
conditional use permit would no longer be needed; the applicant has indicated an intention to officially
withdraw that application.
Artessa Development would now like to construct a 78-unit senior cooperative building at this location. A
project narrative provided by the applicant is attached and describes the project in more detail. Staff will
note, as in previous land use and zoning change requests, that while a current proposal is being put
forward, if the land use and zoning changes are approved they are not tied to this developer or to this
project and could change in the future without any additional review or input from the City (assuming a
by-right project that is not a PUD and does not require any variances to proceed). Even the proposed use
as a senior cooperative could change should this specific proposal not move forward.
Having said that, the current plan is now to construct a five-story building with two levels of
underground parking and direct access to Country Club Drive. Due to the requested change in land
use/zoning by the developer, the project would be subject to the City’s Mixed-Income Housing Policy and
therefore a number of units (anywhere from 10% to 15% of the total number) would be required to be
rented or sold as affordable and remain affordable for a period of not less than 20 years. The applicant
has indicated nine units would be reserved as affordable units for 30 years. The project would not be
directly associated with the Country Club, but nothing would restrict the residents from taking advantage
of their proximity to the golf course.
Draft civil site development plans have been provided by the applicant and are attached, but staff
emphasizes that the approvals for land use and zoning should be reviewed somewhat independent of
these, as those decisions are mostly unrelated to the proposed building. Consideration of the minor
subdivision (in the subsequent staff memo) will take the proposed site plans into account more directly.
Neighborhood Notification and Public Comments
As required under the City’s Neighborhood Notification Policy, a neighborhood meeting was held in the
City Council Chambers on the evening of December 2. Approximately 39 individuals attended – mostly
residents from the neighborhood as well as a few members of the Country Club. Four individuals
attended via Zoom. Primary concerns shared by many were the impact of traffic on Country Club Drive –
both during the lengthy construction period and beyond, especially given there is no outlet onto Olson
Memorial Highway going eastbound. There were also critical comments about the size/scale/massing
and architecture of the building, with the main concern being that it was too large and would dominate
the skyline for the homes across the street. In general, there was openness to a senior cooperative as a
model for independent living in Golden Valley.
To date, staff has received a number of written communications regarding this proposal – these are
included as attachments for this agenda item. A number of comments were provided via email to Council
Members, while others went to staff. An online petition was also submitted in opposition to the project.
City Council Regular Meeting Executive Summary
City of Golden Valley
January 4, 2022
3
The Golden Valley Country Club sent a letter of support and provided their members with a Fact Sheet. A
handful of Country Club members were among those who commented.
At last count, staff is aware of letters of support from the Country Club, four Country Club members, and
two other individuals; letters of opposition from eleven residents; and a petition signed by 57 residents
opposing the project.
Staff notes that the plans that were presented at the Neighborhood Meeting were for the full six-story
version of the proposal.
Required Process
Support from the City Council for this proposal would also necessitate review and approval from the
Metropolitan Council for the change in land use, requiring a delay in the final vote on the rezoning and
the subdivision until the land use change was approved.
Staff Review
The City Code does not set specific standards for changing a future land use designation, and the City
Council – with the input of the Planning Commission – has a great deal of latitude in deciding if the
request is consistent with the overall direction and vision of the Comprehensive Plan. In making a
determination, the City should take into account the land use descriptions outlined in the Comp Plan as
well as any potential impacts on the character of the area.
For reference, it is important to understand what both the existing and proposed land uses entail and
the expectations placed on those land uses in the Comprehensive Plan. The 2040 Comp Plan has the
following description of the Institutional - Parks and Natural Areas use:
This category includes open spaces used as golf courses, ball fields, playgrounds, parks, nature areas,
stormwater ponding areas, and other undeveloped remnants. This does not include vacant land
envisioned for other uses in the future.
The High Density Residential land use is described as follows:
Apartment buildings and condominiums are the predominant high-density residential uses, with
senior facilities allowed at higher densities in some locations through a Conditional Use Permit. This
land use is generally located near commercial, office, or institutional uses with access to multi-modal
options.
The High Density Residential land use allows development in a range of 20 to 100 units per acre (though
the higher end of this range requires separate approval via a Conditional Use Permit under the City’s
zoning regulations). At 2.35 acres, this site could theoretically accommodate anywhere from 47 to 235
units.
Residential Demand
The City’s 2040 Comprehensive Plan, with significant input from the 2017 Maxfield Housing Needs
Analysis, acknowledges a relative shortage of senior housing in Golden Valley as well as demand for for-
sale or condominium units. As proposed, the Artessa development would address both of these areas,
though in the form of cooperative ownership rather than condominiums. It would also contribute nine
City Council Regular Meeting Executive Summary
City of Golden Valley
January 4, 2022
4
affordable units to the housing mix based on the current proposal and the City’s Mixed-Income Housing
Policy.
Traffic
Engineering staff have evaluated the likely traffic resulting from this proposal using the standard trip
generation numbers employed by traffic engineers. These models assume an average of 3.24 trips per
day per unit for a senior building, which would have resulted in approximately 314 new trips per day
based on the original 97 units proposed. At 78 units, the trip calculation would be 253 new trips per day.
It is likely that a large portion of these trips would find their way to Olson Memorial Highway heading to
and from downtown Minneapolis. Because the connection between Country Club Drive and Douglas
Drive was removed in 2017 as part of the reconstruction of the County road, in order to go eastbound
from this location it is necessary to first travel west to Rhode Island Avenue and then use the signalized
intersection at Highway 55. Properties along this section of Country Club Drive – residential and non-
residential alike – would experience an increase in the number of vehicles driving by. However, the
increase would be fairly minor in the larger scheme of trips which were last measured as 1,550 in 2017
prior to the closure of the eastern terminus.
As noted above, reguiding and rezoning this property for High Density Residential use would not
necessarily designate this site for senior use. A different proposal for general multi-family apartments (a
permitted use under the proposed zoning) would be associated with a higher trip generation (an average
of 4.54 trips per day per unit) and so could result in more traffic along Country Club Drive.
Context
The current mix of land uses in proximity to the site (both approved and the pending Light Industrial use
at 6300 Olson Memorial Highway) are quite different from the use being proposed.
City Council Regular Meeting Executive Summary
City of Golden Valley
January 4, 2022
5
Future Land Use Map – existing conditions with pending change at 6300 OMH
The site is surrounded to the north and west by the operations of the Golden Valley Country Club –
specifically the driving range, tennis courts, and the tee boxes for Hole #3. To the south, single-family
homes are located west along Country Club Drive while the Park Nicollet Parkinson’s Center, a law office,
and a Montessori pre-school are directly across the street. 6300 Olson Memorial Highway (the old
Optum site) is in the process of being redeveloped as a light industrial business center. In a slightly larger
radius, there are other industrial uses across Douglas Drive, the Perpich Center for Arts Education south
of Olson Memorial Highway, and medium density residential north of the railroad tracks.
The closest High Density Residential developments (all senior buildings) are in the downtown area or
adjacent to Schaper Park well to the east.
Staff notes the general lack of retail or service establishments in the area. The closest commercial
businesses are located in the downtown, roughly three-quarters to one mile to the west along Country
Club Drive. There are no parks in the area. The Country Club, while a significant green/open space, is
private property and would not be an option for public recreation for future residents.
Other High Density Residential properties in Golden Valley have tended to be located either near
commercial nodes (the downtown or the Duluth/Hwy 100 area) or on larger capacity roadways (I-394,
Olson Memorial Highway, Medicine Lake Road, etc.). While both Olson Memorial Highway and Douglas
Drive are nearby, neither is immediately accessible given the restricted access from Country Club Drive.
City Council Regular Meeting Executive Summary
City of Golden Valley
January 4, 2022
6
Finally, the height allowed for the use being proposed is significantly greater than the height allowed for
any of the other surrounding uses (even at five stories), potentially resulting in a tower or island effect
for the site when viewed in comparison to adjacent properties.
Comprehensive Plan Consistency
Finally, staff reviewed the goals and policies of the Comprehensive Plan to help determine if this
proposed change in land use was following the intent of the City’s central guiding document. Based on
the application materials, staff found the following goals and policies to support the reguiding of the site
for high density residential use.
Land Use
• Goal 1: Create a Complete Community – Strive for a diverse and balanced community that
contains a variety of residential areas, major employers, retail, service, institutions, and parks and
open spaces.
Objective 1.1 – Improve the variety of housing options, with a focus on
accommodations for seniors.
Housing
• Goal 2: Expand the Variety of Housing Options – Expand the variety of housing types and designs
to allow all people a housing choice for all life stages and all economic means.
Objective 2.1 – Prioritize the need for senior housing in the community and support a variety
of senior living arrangements.
• Goal 3: Increase Housing Affordability – Increase housing opportunities at a cost that low- and
moderate-income households can afford without compromising their ability to pay for other
essential needs.
Objective 3 – Support the production of new, high-quality, affordable housing in the City.
However, there are other goals and policies that could be seen to conflict with the proposal.
Land Use
• Goal 2: Minimize Conflicts and Impacts of Change – Develop a regulatory framework designed to
minimize potential conflicts between land uses.
Objective 1.2 – Arrange land uses so there are compatible transitions
between major land use types.
• Goal 3: Promote High Quality Development – Ensure new development meets high construction
and visual quality standards and includes measures of sustainability.
Objective 3.1 – Encourage developments to respect their surroundings.
Objective 3.3 – Recognize and support development patterns that acknowledge the character
of suburban neighborhoods.
Staff Findings
In order to provide support for the recommendation adopted by the Planning Commission, staff
originally offered the following findings of fact related to reguiding the proposed parcel to a High Density
Residential designation:
1. The City would benefit from the addition of affordable units that would be required as a result of
a change in land use.
City Council Regular Meeting Executive Summary
City of Golden Valley
January 4, 2022
7
2. The proposed use of this site for High Density Residential – and more specifically as a senior
cooperative building – fits with a number of the goals and objectives of the Comprehensive Plan
while potentially conflicting with others.
3. The site is currently in an area with a variety of land use designations nearby, but none are as
intense or allow for the extent of massing that could result here should the property be guided
for High Density Residential.
4. Instead of acting as a transition between different land uses (Single-Family and Open Space), the
proposed use could function as a barrier by inserting a more intense use between two less
intense uses.
5. While Engineering staff have concluded that the amount of traffic generated by a senior use is
able to be absorbed by Country Club Drive given its current traffic levels and its type of
construction, the increase in trips would be felt by residents and businesses given the existing
indirect access to Olson Memorial Highway.
6. A specific project has been proposed in association with the change in land use, but there is no
guarantee a more intense or impactful proposal would not emerge that would be allowed once a
High Density Residential designation was established.
Discussion at Planning Commission
The Planning Commission heard the future land use map amendment, zoning map amendment,
subdivision, and Conditional Use Permit requests at its meeting on December 13. For both the land use
and the zoning change, the Planning Commission voted 6-0 to recommend denial of the requests.
While generally supporting the proposed use and recognizing the need for more senior housing in the
city, Commissioners were concerned about the height and massing of the proposed building, as well as
the concerns around traffic raised by staff and the surrounding neighborhood. Finding that the
standards for subdivision were met, the Commission voted (6-0) to recommend approval of the
preliminary plat with conditions proposed by staff. The requested Conditional Use Permit for a sixth
story was also recommended for denial (6-0) by the Planning Commission. Minutes from this meeting
are attached to provide additional details on the discussion.
Subsequent Considerations
Given the significant revisions being offered by the applicant after the Planning Commission meeting,
staff does not support a City Council vote on the proposal at this time. It has long been the City’s
practice not to accept significant changes to a pending proposal in between the Planning Commission
and City Council hearings. This assures that the plans that residents see at the Planning Commission
(and at the Neighborhood Meeting) are the same ones that are considered by the Council. When
changes are proposed by the applicant, the past recommendation from staff has been to ask the
Council to return the item to the Planning Commission for re-evaluation in light of new information.
While not favored by the applicant or the current landowner, staff notes three reasons why returning
this proposal to the Planning Commission makes sense:
• This is consistent with past practices of not allowing changes to proposals between the Planning
Commission and City Council hearings (or returning items to the Planning Commission for
reevaluation if there are changes).
City Council Regular Meeting Executive Summary
City of Golden Valley
January 4, 2022
8
• The changes being proposed by the developer generally address concerns expressed by the
Planning Commission – a second evaluation may generate votes of support from
Commissioners.
• Consideration of the land use change (in order to start the review process with the
Metropolitan Council) while allowing the review of other aspects of the proposal to continue
would not be productive. As has been established with previous land use changes, the zoning
change must follow. The subdivision proposal already meets City standards. Full review of the
land use change is the only opportunity the City has the to fully evaluate and shape the
outcome.
In terms of timing if this were to be returned to the Planning Commission, there are notification
requirements that must be followed. Notification by mail is required for the Planning Commission
hearing, so the earliest date for a second hearing would be January 24. A legal notice in the newspaper
is required prior to the City Council hearing, which would mean a February 15 meeting date. It may be
possible to pre-publish the notice which could move the Council hearing date up to February 1.
Financial Or Budget Considerations
None
Recommended Action
Motion to return the proposed land use change to the Planning Commission for additional evaluation in
light of revisions submitted by the applicant.
Supporting Documents
• Memo to the Planning Commission dated December 13, 2021 (8 pages)
• Unapproved Planning Commission Minutes dated December 13, 2021 (11 pages)
• Future Land Use Map (1 page)
• Revised Project Narrative (6 pages)
• Plans for Artessa Cooperate at Golden Valley dated September 24, 2021 (21 pages)
• Resolution No. 22-006, Amendment to the Future Land Use Map Designating a Portion of the
Property at 7001 Golden Valley Road as High Density Residential (1 page)
• Written Communications Received In Support of Artessa Senior Cooperative (Final attachments of
overall agenda item) (13 pages)
• Written Communications Received Opposed to Artessa Senior Cooperative (Final attachments of
overall agenda item)
(23 pages)
1
Date: December 13, 2021
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Subject: Informal Public Hearing – Future Land Use Map Amendment for
a Portion of 7001 Golden Valley Road – Artessa
Property address: Southeast portion of 7001 Golden Valley Road
Applicant: Artessa Development, LLC Property owner: Golden Valley Country Club
Current use: Golf course driving range Proposed lot size: 2.35 acres
Current Land Use: Institutional Proposed Land Use: High Density Residential
Current Zoning: Institutional (I-4) Proposed Zoning: High Density Residential (R-4)
Adjacent uses: Golf course (west and north), vacant office (east), office and medical clinic (south)
2020 aerial photo (Hennepin County)
2
Summary of Request
Artessa Development, LLC, is proposing four planning actions to allow for the development of a
portion of the driving range owned by the Golden Valley Country Club. They are requesting a
change to the Future Land Use Map (from an Institutional use to High Density Residential use), a
change to the Zoning Map (from the Institutional (I-4) Zoning District to the High Density
Residential (R-4) Zoning District), a subdivision of the property to create a new lot of approximately
2.35 acres, and a Conditional Use Permit to allow for the construction of a sixth floor on the
proposed senior cooperative building.
Background
7001 Golden Valley Road is the street address for the Golden Valley Country Club and Golf Course.
Despite being bisected by Golden Valley Road and a Union Pacific-owned railroad, the entire
Country Club site is considered a single parcel. Overall, the parc el is 148.76 acres (which will be
reduced slightly now that the Greenway Villas PUD in the northwest corner has been granted final
approval); however, this request is only related to a portion of the parcel located in the southeast
corner of the site. The area in question is at the far end of the existing driving range, along Country
Club Drive and adjacent to the vacant property previously occupied by Optum (United Health).
City staff were first approached by the Country Club in late 2019. The Club had identified areas of
its property which were no longer necessary or relevant to the golf course use, and they wanted to
better understand the approvals necessary in order to sell these portions of the property for
subsequent redevelopment. This site in the southeast corner of the lot was first marketed to
builders and investors in 2020, following which the club selected Lifestyle Communities to partner
with on the redevelopment.
Existing Conditions
The proposed site is approximately 2.35 acres. It currently makes up the southern portion of the
driving range for the Country Club and contains a number of mature (legacy) oak trees. It front s on
Country Club Drive, to the south, which is classified as a major collector and is a municipal state-aid
street. The property to the east has been given preliminary approval for redevelopment as a light
industrial business center.
As noted previously, this area has not yet been subdivided from the rest of the property, and so has
only a preliminary parcel description. A full survey is attached with these memos for review.
There are no structures located within the proposed parcel. For decades it has served as the far
end of the driving range and is currently populated with large oak trees. A private access drive runs
north along the west edge of the site, connecting Country Club Drive with the Country Club parking
lot. Under the current proposal, the south end of this drive would be shifted slightly to the west
and the connection would remain.
The site also has a fair amount of topography, dropping as much as 30 feet from the high point
along Country Club drive to a low point in the northeast corner of the site.
3
2020 aerial photo with two foot contours
Proposal
The proposal for the site is to change the guided land use, change the zoning, proceed with a
subdivision that would create a new lot, and request a Conditional Use Permit to construct a sixth
story on the proposed building.
Artessa Development would like to construct a 97-unit senior cooperative building at this location.
A project narrative provided by the applicant is attached and describes the project in more detail.
Staff will note, as in previous land use and zoning change requests, that while a current proposal is
being put forward, if the land use and zoning changes are approved they are not tied to this
developer or to this project and could change in the future without any additional review or input
from the City (assuming a by-right project that is not a PUD and does not require any variances to
proceed). Even the proposed use as a senior cooperative could change should this specific proposal
not move forward.
Having said that, the current plan is to construct a six-story building with two levels of underground
parking and direct access to Country Club Drive. Due to the requested change in land use/zoning by
the developer, the project would be subject to the City’s Mixed -Income Housing Policy and
therefore a number of units (anywhere from 10% to 15% of the tot al number) would be required to
be rented or sold as affordable and remain affordable for a period of not less than 20 years. The
project would not be directly associated with the Country Club, but nothing would restrict the
residents from taking advantage of their proximity to the golf course.
4
Draft civil site development plans have been provided by the applicant and are attached, but staff
emphasizes that the approvals for land use and zoning should be reviewed independent of these,
as those decisions are mostly unrelated to the proposed building. Consideration of the minor
subdivision and Conditional Use Permit (in subsequent staff memos) will take the proposed site
plans into account more directly.
Neighborhood Notification and Public Comments
As required under the City’s Neighborhood Notification Policy, a neighborhood meeting was held in
the City Council Chambers on the evening of December 2. Approximately 39 individuals attended –
mostly residents from the neighborhood as well as a few members of the Country Club. Four
individuals attended via Zoom. Primary concerns shared by many were the impact of traffic on
Country Club Drive – both during the lengthy construction period and beyond, especially gi ven
there is no outlet onto Olson Memorial Highway going eastbound. There were also critical
comments about the size/scale/massing and architecture of the building, with the main concern
being that it was too large and would dominate the skyline for the homes across the street. In
general, there was openness to a senior cooperative as a model for independent living in Golden
Valley.
To date, staff has received a number of written communications regarding this proposal – these are
included as the last attachments for this agenda item. A number of comments were provided via
email to Council Members, while others went to staff. An online petition was also submitted in
opposition to the project. The Golden Valley Country Club sent a letter of support and provided
their members with a Fact Sheet. A handful of Country Club members were among those who
commented.
At last count, staff is aware of letters of support from the Country Club , four Country Club
members, and one other individual; letters of opposition from ten residents; and a petition signed
by 57 residents opposing the project.
Required Process
Support from the Planning Commission and City Council for this proposal would also necessitate
review and approval from the Metropolitan Council for the change in land use, requiring a delay in
the final vote on the rezoning, the subdivision, and the Conditional Use Permit until the land use
change was approved.
Staff Review
The City Code does not set specific standards for changing a future land use designation, and the
City Council – with the input of the Planning Commission – has a great deal of latitude in deciding if
the request is consistent with the overall direction and vision of the Comprehensive Plan. In making
a determination, the City should take into account the land use descriptions outlined in the Comp
Plan as well as any potential impacts on the character of the area.
For reference, it is important to understand what both the existing and proposed land use s entail
and the expectations placed on those land uses in the Comprehensive Plan. The 2040 Comp Plan
has the following description of the Institutional - Parks and Natural Areas use:
5
This category includes open spaces used as golf courses, ball fields, playgrounds, parks, nature
areas, stormwater ponding areas, and other undeveloped remnants. This does not include
vacant land envisioned for other uses in the future.
The High Density Residential land use is described as follows:
Apartment buildings and condominiums are the predominant high-density residential uses, with
senior facilities allowed at higher densities in some locations through a Conditional Use Permit.
This land use is generally located near commercial, office, or institutional uses with access to
multi-modal options.
The High Density Residential land use allows development in a range of 20 to 100 units per acre
(though the higher end of this range requires separate approval via a Conditional Use Permit under
the City’s zoning regulations). At 2.35 acres, this site could theoretically accommodate anywhere
from 47 to 235 units.
Residential Demand
The City’s 2040 Comprehensive Plan, with significant input from the 201 7 Maxfield Housing Needs
Analysis, acknowledges a relative shortage of senior housing in Golden Valley as well as demand for
for-sale or condominium units. As proposed, the Artessa development would address both of these
areas, though in the form of cooperative ownership rather than condominiums. It would also
contribute ten affordable units to the housing mix based on the current proposal and the City’s
Mixed-Income Housing Policy.
Traffic
Engineering staff have evaluated the likely traffic resulting from this proposal using the standard
trip generation numbers employed by traffic engineers. These models assume an average of 3.24
trips per day per unit for a senior building, which would result in approximately 314 new trips per
day based on the 97 units proposed. It is likely that a large portion of these trips would find their
way to Olson Memorial Highway heading to and from downtown Minneapolis. Because the
connection between Country Club Drive and Douglas Drive was removed in 2017 as part of the
reconstruction of the County road, in order to go eastbound from this location it is necessary to
first travel west to Rhode Island Avenue and then use the signalized intersection at Highway 55.
Properties along this section of Country Club Drive – residential and non-residential alike – would
experience an increase in the number of vehicles driving by. However, the increase would be fairly
minor in the larger scheme of trips which were last measured as 1,550 in 2017 prior to the closure
of the eastern terminus.
As noted above, reguiding and rezoning this property for High Density Residential use would not
necessarily designate this site for senior use. A different proposal for general multi-family
apartments (a permitted use under the proposed zoning) would be associated with a higher trip
generation (an average of 4.54 trips per day per unit) and so could result in more traffic along
Country Club Drive.
6
Context
The current mix of land uses in proximity to the site (both approved and the pending Light
Industrial use at 6300 Olson Memorial Highway) are quite different from the use being proposed.
Future Land Use Map – existing conditions with pending change at 6300 OMH
The site is surrounded to the north and west by the operations of the Golden Valley Country Club –
specifically the driving range, tennis courts, and the tee boxes for Hole #3. To the south, single-
family homes are located west along Country Club Drive while the Park Nicollet Parkinson’s Center,
a law office, and a Montessori pre-school are directly across the street. 6300 Olson Memorial
Highway (the old Optum site) is in the process of being redeveloped as a light industrial business
center. In a slightly larger radius, there are other industrial uses across Douglas Drive, the Perpich
Center for Arts Education south of Olson Memorial Highway, and medium density residential north
of the railroad tracks.
The closest High Density Residential developments (all senior buildings) are in the downtown area
or adjacent to Schaper Park to the east.
Staff notes the general lack of retail or service establishments in the area. The closest commercial
businesses are located in the downtown, roughly three-quarters to one mile to the west along
Country Club Drive. There are no parks in the area. The Country Club, while a significant
green/open space, is private property and would not be an option for recreation for future
residents.
7
Other High Density Residential properties in Golden Valley have tended to be located either near
commercial nodes (the downtown or the Duluth/Hwy 100 area) or directly on larger capacity
roadways (I-394, Olson Memorial Highway, Medicine Lake Road, etc.). While both Olson Memorial
Highway and Douglas Drive are nearby, neither is immediately accessible given the restricted
access from Country Club Drive.
Finally, the height allowed for the use being proposed is significantly gre ater than the height
allowed for any of the other surrounding uses, potentially resulting in a tower or island effect for
the site when viewed in comparison to adjacent properties.
Comprehensive Plan Consistency
Finally, staff reviewed the goals and policies of the Comprehensive Plan to help determine if this
proposed change in land use was following the intent of the City’s central guiding document. Based
on the application materials, staff found the following goals and policies to support the reguiding of
the site for high density residential use.
Land Use
• Goal 1: Create a Complete Community – Strive for a diverse and balanced community that
contains a variety of residential areas, major employers, retail, service, institutions, and
parks and open spaces.
Objective 1.1 – Improve the variety of housing options, with a focus on
accommodations for seniors.
Housing
• Goal 2: Expand the Variety of Housing Options – Expand the variety of housing types and
designs to allow all people a housing choice for all life stages and all economic means.
Objective 2.1 – Prioritize the need for senior housing in the community and support a
variety of senior living arrangements.
• Goal 3: Increase Housing Affordability – Increase housing opportunities at a cost that low-
and moderate-income households can afford without compromising their ability to pay for
other essential needs.
Objective 3 – Support the production of new, high-quality, affordable housing in the
City.
However, there are other goals and policies that could be seen to conflict with the proposal.
Land Use
• Goal 2: Minimize Conflicts and Impacts of Change – Develop a regulatory framework
designed to minimize potential conflicts between land uses.
Objective 1.2 – Arrange land uses so there are compatible transitions
between major land use types.
• Goal 3: Promote High Quality Development – Ensure new development meets high
construction and visual quality standards and includes measures of sustainability.
Objective 3.1 – Encourage developments to respect their surroundings.
8
Objective 3.3 – Recognize and support development patterns that acknowledge the
character of suburban neighborhoods.
Staff Findings
In order to provide support for the recommendation below, staff is offering the following findings
of fact related to reguiding the proposed parcel to a High Density Residential designation:
1. The City would benefit from the addition of affordable units that would be required as a
result of a change in land use.
2. The proposed use of this site for High Density Residential – and more specifically as a senior
cooperative building – fits with a number of the goals and objectives of the Comprehensive
Plan while potentially conflicting with others.
3. The site is currently in an area with a variety of land use designations nearby, but none are
as intense or allow for the extent of massing that could result here should the property be
guided for High Density Residential.
4. Instead of acting as a transition between different land uses (Single -Family and Open
Space), the proposed use could function as a barrier by inserting a more intense use
between two less intense uses.
5. While Engineering staff have concluded that the amount of traffic generated by a senior use
is able to be absorbed by Country Club Drive given its current traff ic levels and its type of
construction, the increase in trips would be felt by residents and businesses given the
existing indirect access to Olson Memorial Highway.
6. A specific project has been proposed in association with the change in land use, but there is
no guarantee a more intense or impactful proposal would not emerge that would be
allowed once a High Density Residential designation was established.
Recommended Action
Based on the findings above, staff recommends denial of the requested amendment to the Future
Land Use Map, changing the guided land use for a portion of 7100 Golden Valley Road from
Institutional - Parks and Natural Areas to High Density Residential.
Attachments:
Future Land Use Map (1 page)
Project Narrative (6 pages)
Plan Set submitted October 22, 2021 (21 pages)
REGULAR MEETING MINUTES
This meeting was conducted in a hybrid format with in‐person and remote options for
attending, participating, and commenting. 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 Pockl.
Roll Call
Commissioners in person: Rich Baker, Adam Brookins, Sophia Ginis, Andy Johnson, Lauren Pockl,
Mike Ruby, Chuck Segelbaum
Commissioners absent:
Staff present: Myles Campbell – Planner, Jason Zimmerman – Planning Manager
Council Liaison presentg: Gillian Rosenquist
2. Approval of Agenda
Chair Pockl asked for a motion to approve the agenda.
Commissioner Johnson asked when review of the Comprehensive Plan would reappear on the agenda.
Jason Zimmerman, Planning Manager, responded there are studies being conducted by metro transit
in addition to a few traffic studies. The City Manager has directed staff to hold off on moving forward
until the results are no longer pending to proceed.
MOTION made by Commissioner Segelbaum, seconded by Commissioner Brookins, to approve the
agenda of December 13, 2021. Motion carried.
3. Approval of Minutes
Chair Pockl asked for a motion to approve the minutes from November 22, 2021.
MOTION made by Commissioner Ginis, seconded by Commissioner Brookins to approve.
Motion carried.
4. Informal Public Hearing – Future Land Use Map Amendment, Zoning Map Amendment, Subdivision,
Conditional Use Permit
Applicant: Artessa Development, LLC
Address: Southeast corner of 7001 Golden Valley Road
Jason Zimmerman, Planning Manager, introduced the applicant and reminded Commissioners that
this one presentation and public hearing includes four applications and requires four votes:
1. Amend the Future Land Use Map
December 13, 2021 – 7 pm
City of Golden Valley Planning Commission Regular Meeting
December 13, 2021, 2021 – 7 pm
2
2. Amend the Zoning Map
3. Subdivide the property
4. Grant a Conditional Use Permit for height
1. Amend the Future Land Use Map
Staff reviewed the location off Country Club Drive and listed the items staff supports and concerns
they have. The County Club approached the City in 2019 as they were interested in selling and
developing two unused portions of their property:
Northwest Corner (Greenway Villas)
Southeast Corner (Artessa Senior Cooperative)
Staff listed existing conditions, displayed a few street view perspectives, and summarized the proposal.
Proposal
Change guided land use to High Density Residential
Change zoning to High Density Residential (R‐4)
Subdivide golf course property to create 2.35‐acre parcel
Construct 97‐unit senior cooperative building with direct access to Country Club Drive (front
parking lot and shared private drive to rear to reach two levels of underground parking)
Five stories would be allowed by‐right; a CUP needed to add a sixth story
Would include 10 affordable units (at 80% AMI)
Staff reviewed the details and input from the neighborhood meeting held on December 2nd. Residents
were generally opposed to the proposal with concerns about traffic, building size, and loss of trees.
Regarding the Future Land Use Map Amendment, there aren’t specific standards by which the City
must evaluate the application so they’ll assess the Land Use descriptions, the impacts to the character
of the neighborhood, and consistency with the broad Comp Plan.
A market study confirms there is a need for senior housing, affordable housing, and for varying
ownership models.
Zimmerman went on and discussed traffic, what is consistent with and what conflicts with the comp
plan.
Findings
The City would benefit from the addition of affordable units that would be required as a result
of a change in land use.
The proposed use of this site for High Density Residential – and more specifically as a senior
cooperative building – fits with a number of the goals and objectives of the Comprehensive
Plan while potentially conflicting with others.
City of Golden Valley Planning Commission Regular Meeting
December 13, 2021, 2021 – 7 pm
3
The site is currently in an area with a variety of land use designations nearby, but none are as
intense or allow for the extent of massing that could result here should the property be guided
for High Density Residential.
Instead of acting as a transition between different land uses (Single‐Family and Open Space),
the proposed use could function as a barrier by inserting a more intense use between two less
intense uses.
While Engineering staff have concluded that the amount of traffic generated by a senior use is
able to be absorbed by Country Club Drive given its current traffic levels and its type of
construction, the increase in trips would be felt by residents and businesses given the existing
indirect access to Olson Memorial Highway.
A specific project has been proposed in association with the change in land use, but there is no
guarantee a more intense or impactful proposal would not emerge that would be allowed once
a High‐Density Residential designation was established.
2. Amend the Zoning Map
Zimmerman moved on the Zoning Map Amendment, this item mirrors the previous as the two are
related. Staff looked at the purpose of zoning districts, the list of permitted and conditional uses, and
the compatibility with surrounding uses. Staff noted this would trigger a park dedication fee.
Findings
The City would benefit from the addition of affordable units that would be required as a result of
a change in zoning.
The proposed use of this site for High Density Residential – and more specifically as a senior
cooperative building – fits with a number of the goals and objectives of the Comprehensive Plan
while potentially conflicting with others.
The site is currently in an area with a variety of zoning designations nearby, but none are as
intense or allow for the extent of massing that could result here should the property be zoned
for High Density Residential.
Instead of acting as a transition between different zoning designations (Single‐Family Residential
and Institutional (I‐4)), the proposed designation could function as a barrier by inserting a more
intense designation between two less intense designations.
A High Density Residential zoning designation has typically be located near a commercial node –
providing access to retail and services – or on a major roadway with access to high frequency
transit. The location being proposed lacks those qualities.
Though potential residents of a multi‐family building would have views of the Golden Valley
Country Club grounds, the site is private property and no public open space is nearby to allow for
outdoor recreation (active or passive).
While Engineering staff have concluded that the amount of traffic generated by a senior use is
able to be absorbed by Country Club Drive given its current traffic levels and its type of
construction, the increase in trips would be felt by residents and businesses given the existing
indirect access to Olson Memorial Highway.
City of Golden Valley Planning Commission Regular Meeting
December 13, 2021, 2021 – 7 pm
4
A specific project has been proposed in association with the change in zoning, but there is no
guarantee a more intense or impactful proposal would not emerge that would be allowed once
a High‐Density Residential zoning district was established.
3. Subdivide the Property
Zimmerman discussed the subdivision and it would create a new lot of 2.35 acres. The existing lot isn’t
part of a recorded plat or a recorded registered land survey, does not qualify as a “minor subdivision”
and therefore standards are slightly different. The 2040 Comp Plan identifies the need for a west
frontage road in the area and staff displayed a number of possibilities. Zimmerman added that there
is not timing nor funding in the 10‐year CIP for this project and Country Club is opposed to the ROW
being included as a part of this proposal.
Other departments reviewed the proposal and Engineering has concerns around the removal of 23
significant trees, 18 are legacy oaks. They also have concerns about above ground stormwater
treatment and runoff, BCWC review, and maintenance agreement for pervious pavers. Fire supports
the ROW dedication for improvements to public safety response times.
Findings
The Council may require changes or revisions as it deems necessary for the health, safety, general
welfare, and convenience of the City.
o Standard conditionally met. In order to advance the long‐term transportation network
concept included in the 2040 Comprehensive Plan, land must be dedicated for a future
public road and included on the final plat.
The approval of a preliminary plat is tentative only, involving only the general acceptability of the
layout as submitted.
o Standard met. Staff have reviewed the layout and find it to be generally acceptable.
Prior to approval of the preliminary plat by the Council, the engineering proposals pertaining to
water supply, storm drainage, sanitary sewer service, roadway widths, traffic impacts, and the
surfacing of streets shall be approved by the City engineer and other public officials having
jurisdiction.
o Standard conditionally met. While the specifics of the site design remain to be fully
developed as part of the submittals for the potential site development, there are no
known issues related to water supply, storm drainage, or sanitary sewer service. Increases
in traffic created by this proposal, while impacting adjacent properties, would not rise to
the level of concern with respect to congestion or roadway condition. Staff are requiring
copies of shard access agreements with the Golden Valley Country Club for review.
No plat shall be approved for a subdivision which covers an area subject to periodic flooding or
which contains extremely poor drainage facilities and which would make adequate drainage of
the streets and lots difficult or impossible, unless the subdivider agrees to make improvements
which will, in the opinion of the City Engineer, make the area completely safe for occupancy and
provide adequate street and lot drainage.
o Standard met. The City Engineer has determined that the site should drain adequately.
City of Golden Valley Planning Commission Regular Meeting
December 13, 2021, 2021 – 7 pm
5
No plat shall be approved for a subdivision that does not meet the requirements specified in this
chapter.
o Standard met.
4. Conditional Use Permit
Zimmerman introduced the final portion of this proposal, and the request for a 6th story to be allowed
on the build. The proposed height of 72.5 ft from the south appear to be eight stories from the north.
There is horizontal articulation but few vertical breaks or step backs to break up the profile.
Findings
Demonstrated Need
o Standard met. Past housing studies have confirmed the need for additional senior
options in Golden Valley, especially for owner‐occupied units. A less common
cooperative model would help provide a greater variety of options for seniors looking
to remain or move into the city.
Consistency with Comprehensive Plan
o Standard provisionally met. In order for this proposal to move forward, the Future Land
Use Map would need be revised to designate the property for High Density Residential
use. Should that occur, the proposed senior cooperative building would be consistent
with the purpose of that designation and the City’s vision for housing in this area.
Effect on Property Values
o Standard met. There are no indications a sixth story would negatively impact property
values to any measurable degree beyond the impacts of a five story building.
Effect on Traffic Flow and Congestion
o Standard met. While traffic levels would increase on Country Club Drive as a result of
this proposal, Engineering staff believe the number of trips would not exceed the
capacity of the road, and that the additional trips generated by the 17 units included in
a sixth story would be minimal. Trips generated would tend to be in the off‐peak hours.
Increases in Population and Density
o Standard met. There are no indications a sixth story would negatively impact property
values to any measurable degree beyond the impacts of a five story building.
Compliance with Mixed‐Income Housing Policy
o Standard met. The project would dedicate 10% percent of the units as affordable at the
80% AMI level for a period of not less than 20 years.
Noise
o Standard met. No such problems are expected. Noise from eventual residency would
be in line with other multifamily uses.
Generation of Odors, Dust, Smoke, Gas, Vibration, or Pests (Vermin)
o Standard met. No such problems are expected.
Visual and Other Impacts
City of Golden Valley Planning Commission Regular Meeting
December 13, 2021, 2021 – 7 pm
6
o Standard not met. The exterior of the new building would be held to the City’s
architecture and material standards and would be confirmed with the building
permitting process. However, the significant difference in height compared to
surrounding uses and the overall massing of the building would have a dramatic impact
on residents and businesses in the area. Staff is not able to contemplate a potential
condition that would help mitigate this visual impact.
Other Effects upon Health, Safety, and Welfare
o Standard met. The introduction of a sixth floor on the proposed senior cooperative
building would not generally impact the public health, safety, or welfare. The use as a
whole would provide a new and needed senior living option.
Recommendation
1. Future Land Use Amendment:
a. Based on the findings above, staff recommends denial of the requested amendment
to the Future Land Use Map, changing the guided land use from Parks and Natural
Areas to High Density Residential
2. Zoning Map Amendment:
a. Based on the findings above, staff recommends denial of the requested amendment
to the Zoning Map, changing the zoning designation from Institutional (I‐4) to High
Density Residential (R‐4)
3. Subdivision:
a. Based on the factors of evaluation, staff recommends approval of the proposed
preliminary plat, subject to the following conditions:
i. The applicant shall work with staff to dedicate land sufficient to provide right‐
of‐way for a future public road.
ii. The applicant shall include on the final plat the dedication of all drainage and
utility easements deemed necessary to meet City Code requirements.
iii. A park dedication fee of 6% of the land value shall be paid prior to the release
of the final plat.
iv. The applicant shall provide copies of the shared use/access agreements.
v. The City Attorney will determine if a title review is necessary.
4. Conditional Use Permit:
a. Based on the findings above, staff recommends denial of the requested Conditional
Use Permit, allowing for a sixth story.
Commissioners asked staff questions regarding R‐3 vs R‐4 and discussed the issue of scale, height and
massing, as well as location. Traffic flow was a concern and Commissioners asked for more details on
road access to the site. The group discussed amenities in proximity to the development and the impacts
of them on the analysis, as well as trail access. Clarifications on the subdivided portion were answered
in relation to the driveway on the lot. Staff responded to questions regarding the height measurements
and clarified it’s related to the grade of the front of the property. Commissioners asked if the increase
in size on the CUP relates to more affordable units, staff responded that 10% of units are required to
City of Golden Valley Planning Commission Regular Meeting
December 13, 2021, 2021 – 7 pm
7
be affordable. It was asked if the applicant was doing the bare minimum or offering more affordable
units and staff responded they are fulfilling their 10 required units.
Chair Pockl invited the applicant to speak.
Ben Landhauser, applicant representative, introduced himself and the cooperative housing developer
company. The applicant provided a presentation to the Commission; introducing the unit proposal,
defined their cooperative model, age qualifications, the site itself with proposed conditions, reviewed
each level of the proposed unit, topography, and neighborhood notes from a local meeting held in
December. The applicant displayed images and details on their application, discussing the zoning map
amendment and specifically a case study on Talo details. Applicant discussed open space proximity,
height requirements and visual appearance, as well as discussing their openness to more dialogue.
Commissioners asked the applicant questions about land use and build, appropriateness of location,
and increase of multi‐family housing. The discussion progressed on to intention of housing and if
“transition” housing was a factor. The applicant reiterated this is not intended to be a continuing care
facility but rather 100% independent cooperative living. The applicant discussed the 6th floor, economic
goals, square footage goals, operation reserves, and the cooperative model vs standard condo model
for purchasing a unit. Commissioners asked about real cost estimates for the units as well as what
alternatives the applicant explored before requesting the CUP for the 6th story.
Chair Pockl opened the public hearing at 8:57pm and invited in person commenters to speak first.
Paul Segel
Gurstel Law Firm
6681 Country Club Dr
150 people work at the firm and the property would be greatly impacted. The extreme height and mass
are extreme for the small area. The singular access point for cars will push more traffic to Golden Valley
Road. The architecture has little interest, the proposed materials are common. There are few amenities
within close proximity and would result in numerous single occupancy vehicle trips per day. Staff
analysis that the proposed building could act as a barrier between parcels Is a major concern. The
height variance request doesn’t seem appropriate and I’m concerned that the applicant doesn’t seem
able to preserve any of the 20 mature oak trees on the property.
Tom Conlin
1305 Spring Valley Rd
I am a member of the Country Club and we only want to part with the land is because the marketplace
for memberships is competitive. If we want this club to survive, the land sale will allow improvements.
As stewards of the club, we need to plan for longevity. I don’t believe the concerns raised by staff
overcome the benefits that this cooperative would provide. The development would allow both senior
and affordable housing, goals in the comp plan. Staff stated that the building is an anomaly and
amenities are further away and I want to point out that folks may seek a place like this for these
reasons. The area is mixed use and the Mayor as mentioned wanting housing in this area.
City of Golden Valley Planning Commission Regular Meeting
December 13, 2021, 2021 – 7 pm
8
Commissioner Segelbaum noted the commenter used the term “we” and asked Conlin if he was
speaking on behalf of the Country Club or as a resident of Golden Valley. Conlin responded that he was
speaking on behalf of both. Segelbaum addressed the Chair and mentioned the applicant already was
granted time to speak. Chair commented that she was under the impression this was a public comment
from the resident.
Steve Bennett
540 Varner Circle
The most impactful word tonight was “anomaly” and this proposal is too much size wise. At the
neighborhood meeting it seemed that if the applicant didn’t get approved for 6 stories it was a deal
breaker and tonight they’re saying 4 is palatable. I would request that 6 is too much and if it has to
happen, I would urge a scale down. Overall, I oppose the proposal.
Bob Plantenburg
6809 Country Club Drive
I submitted a letter and I would like to commend staff on their presentation for why this proposal
doesn’t make sense. I live 2 houses down from this proposal and the applicant hasn’t adequately
addressed access to highway 55. GPS even indicates that drivers take a U‐turn on Glenwood and it’s a
safety concern.
Harmony Bennett
540 Varner Circle
I think staff did a good job and I object to the traffic concerns. We used to take Country Club to Douglas
but now we have to go a different route, there isn’t even an entire lane for the route. The additional
traffic will pose a problem. When you exit at the post office, the intersection becomes a nightmare.
Why not have the proposal on Golden Valley Road, I suspect it’s because the club doesn’t want them
there since they cross in golf carts. The paper states that the club has been here for 107 years and the
sale is to raise money for club improvements to the course. Our community has also been there a long
time, Edith Varner sold the property to the Country Club and she doesn’t approve of this, I don’t think
the community is being considered here. The traffic will ruin the neighborhood and a smaller
development is preferred.
Bob Miller
Hidden Lakes
I’m with the Country Club, everyone in hidden lakes knows that there’s traffic 24/7 because of the
hospital. After a while, you don’t hear the traffic. I’m 70 years old and I don’t make 3 trips a week,
people who are retired don’t travel as much every day as younger folks who go to jobs.
Blythe Stillwell
521 Varner Circle
I wrote a letter so my comments are there too.
I moved here recently from downtown Minneapolis and when I lived there, I was in a condo and it
made sense to have tall buildings around me. I moved to Golden Valley because of the green spaces,
City of Golden Valley Planning Commission Regular Meeting
December 13, 2021, 2021 – 7 pm
9
tranquility, and beauty of the neighborhoods. I’ve been lucky to have the golf course because it’s
beautiful and I understand everyone’s need to make a profit. This building proposal doesn’t seem like
the best fit because this area is concerned about safety and security; traffic safety is my number one
concern here. I commuted downtown before the pandemic and it’s not easy to get out to commute
because cars need to turn on Glenwood and I’ve seen so many near‐accidents with that U‐turn. I truly
oppose this proposal.
Corby Hardy
521 Varner
I love the idea of this type of property going in and I think it’s almost right. The part that isn’t right is
traffic, I also sent a letter. If you look where Country Club hits Rhode Island, there are 8 access points
and people exiting the post office have a problem. If there could be compromise with the traffic flow,
I think it could be a great project.
Joe Komarek
8212 Golden Valley Road
My family has been here since 1955 and I’m also a member of the County Club. I’m excited about the
proposal. The country club is a destination course, people travel from all over to golf at this course. As
a business owner in the West suburbs, I always drive along 55 to see the green and the houses. It’s my
understanding that members won’t have access to Country Club drive so I will have to go around. There
will be 250 or so members who cannot use that road any longer so that traffic will go down. It’s a
beautiful area, I love the neighborhood, and I love the project especially as I think about my family
turning over older homes who want to stay in the neighborhood.
Susanne Forward
6745 Country Club Drive
I live 200 ft from the proposed development, I also wrote a letter. I’m concerned about the traffic,
conformity to the neighborhood with the neighborhood height and massing, regarding Talo‐if I was
living in a house near Talo I would be happier as that unit blocks traffic noise from 394. This
neighborhood is where Golden Valley got its name as it was a hill of golden daffodils. There seems to
be a lot of concern for the Country Club but not the neighbors as the first we heard about this proposal
was a few weeks ago at the neighborhood meeting. I’m also curious if access to live in the co‐op will
be inclusive or will it only be exclusive to retirees as long as they buy a Country Club membership. I’m
delighted about the development proposal for Optum, it will be nice to have homes there.
Chair Pockl invited call in commenters to speak.
Marcia Anderson
130 Edgewood Ave N
I am concerned about this development for the land use and zoning issues it raises. I participated in
the comp plan discussion and some of the conversations then, pointed to the issues this development
raises. We discussed the need for transitions between residential areas and high‐density developments
and other points staff made in their report. I would like to concur with staff and deny zoning and land
City of Golden Valley Planning Commission Regular Meeting
December 13, 2021, 2021 – 7 pm
10
use changes. Those seem to be the most important issues in terms of timing. If the Commission and
then Council make exceptions to the land‐use in this way there won’t be a reason to deny any future
developments that don’t meet the intentions of the land‐use and zoning map. If the Commission will
deny based on staff recommendation now, it’ll open the door to discussions with the developer about
the suggestions that came up. If you decide to approve now, all points of leverage are gone. Once the
zoning is changed, any R‐4 development can go in on that property.
Chair Pockl closed the public hearing at 9:28pm
Chair Pockl opened the discussion by asking staff if the traffic increase estimate included deliveries.
Staff stated the number was based on unit totals as guided by the traffic study handbook from
Engineering staff. It’s possible that current events may need to be considered to capture the increase
in deliveries. Commissioner Segelbaum mentioned the intersection of Rhode Island and Country Club
Drive, and asked if the intersection would be impacted by staff or if accommodations would need to
be made. Staff is unaware if that intersection was looked at specifically and focus was rather on traffic
amounts. Commissioner Ruby stated that a lot of traffic concerns have been heard and asked, since
it’s a city road, when the City becomes involved to assist with mitigation vs leaving it to the developer.
Staff responded that their impression is that there are no other plans to make changes to Country Club
Drive. If a different connection was made, MDOT has said they would close the slip ramps and reroute
everything on Douglas. That is not a plan nor funding for that at this time. Commissioner Johnson
mentioned a public comment stating Country Club traffic would be rerouted and asked staff about
that. Staff said currently people approach from both Country Club and Golden Valley Road, prevention
of traffic to use Country Club is a question for the applicant. Johnson asked if the road was part of the
land‐use and staff said it’s a factor but the depth of it needs to be discussed.
Commissioner Ginis stated that she sees positives and negatives with the proposal, and if the proposal
was at the opposite side of the golf course, she’d say yes already. The need is there but proposed
location doesn’t seem to be an issue regarding traffic but access from the T‐intersection is a challenge.
There are many things with the proposal that are almost there. Segelbaum added that the request
seems more aggressive than what’s appropriate and there’s more room to negotiate. Ruby echoed the
previous comments and stated concern for the height. Johnson discussed the land‐use and pointed
out similarities in high‐density residential areas; they are near busy roads or in a location where the
size is expected; this proposal feels like an anomaly. The Chair added that this area has a lot of uses
but if the land‐use and zoning are approved and not the CUP, the applicant goes back to the drawing
board. That opens the space up for any other high‐density proposal without the guarantees of senior
or affordable housing. Commissioner Brookins reiterated comments he made regarding Optum, he
didn’t think the site was properly zoned and the Douglas Drive corridor was overlooked. It seems the
group wants what this site is offering, but not in the way it’s being proposed. It’s a matter of getting to
the right sizing to make it happen. Making a by right land change to allow for this size development
seems too much and another land use option should be considered here and at the Optum site.
City of Golden Valley Planning Commission Regular Meeting
December 13, 2021, 2021 – 7 pm
11
MOTION made by Commissioner Segelbaum, seconded by Commissioner Johnson, to follow staff
recommendation and deny the requested amendment to the Future Land Use Map, changing the
guided land use from Parks and Natural Areas to High Density Residential
Motion passed unanimously.
MOTION made by Commissioner Segelbaum, seconded by Commissioner Brookins, to follow staff
recommendation and deny the requested amendment to the Zoning Map, changing the zoning
designation from Institutional (I‐4) to High Density Residential (R‐4)
Motion passed unanimously.
MOTION made by Commissioner Brookins, seconded by Commissioner Johnson, to follow staff
recommendation for approval of the proposed preliminary plat, subject to the following conditions:
1. The applicant shall work with staff to dedicate land sufficient to provide right‐of‐way for a future
public road.
2. The applicant shall include on the final plat the dedication of all drainage and utility easements
deemed necessary to meet City Code requirements.
3. A park dedication fee of 6% of the land value shall be paid prior to the release of the final plat.
4. The applicant shall provide copies of the shared use/access agreements.
5. The City Attorney will determine if a title review is necessary.
Motion passed unanimously.
MOTION made by Commissioner Brookins, seconded by Commissioner Johnson, to follow staff
recommendation for denial of the requested Conditional Use Permit, allowing for a sixth story.
Motion passed unanimously.
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Sumter Ave NRhodeIslandAveNPatsy Ln Valders Ave NWinnetka Ave NDuluth St Florida Ave NSandburg Rd HeritageCirKentley Ave
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(Laure lCurv)Independence Ave NGettysburg Ave NFlag Ave NWheelerBlvdAlleyNaper St
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Breck School
SandburgMiddle School
Perpich Center for Arts Education
MNDOT District Office & State Highway Patrol
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CalvaryLutheranChurch
Speak theWord Church
10th AvenueCold Storage
School ofEngineeringand Arts
GovernmentCenter &Fire Station #1
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Churchof St.MargaretMary
Good ShepherdCatholic Church&Good ShepherdSchool
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Spirit ofHopeChurch
Oak Grove Church
HennepinCounty SheriffCommunications
Hennepin CountyLibrary
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Valley Community Presbyterian Church
ChristianLifeCenter
UnityChristChurch
RedeemerReformedChurch
FireStation#2
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Golden ValleyHistoricalSociety
BrookviewCommunityCenter
Breck IceArena
WaterReservoir
U.S.Post Office
Loveworks Academy forVisual & Performing Arts
C I T Y O F N E W H O P E C I T Y O F C R Y S T A L
C I T Y O F R O B B I N S D A L E
CITY OF MINNEAPOLISC I T Y O F S T . L O U I S P A R K CITY OF MINNEAPOLISCITY OFST. LOUIS PARKCITY OF ROBBINSDALECITY OF CRYSTAL
CITY OF CRYSTALC I T Y O F N E W H O P E
CITY OF PLYMOUTHCITY OF MINNEAPOLISC I T Y O FST. L O U I S P A R KCITY OFPLYMOUTHCity of G old en Va lley, Eng inee ring7800 Go lden Valley R oadGolden Valle y, MN 554 27-458 8763-593 -8030www.golde nvalle ymn .go v
2020-2040Future Land Use
0 800 1,600 2,400 3,200400Feet
I
Print Date: 8/5/2020Sources:-Hennepin County Surveyors Office for Property Lines (2020) -City of Golden Valley for all other layers.
Future Land Use
Residential
Low Density – up to 5 units per acre
Moderate Density – 5 to 8 units per acre
Medium Density – 8 to 30 units per acre
High Density – 20 to 100 units per acre
Commercial
Office
Retail/Service
Industrial
Light Industrial
Industrial
Mixed Use
Neighborhood
Community
Institutional
Assembly
Civic
Medical
Open Space
Parks and Natural Areas
Water Feature
Right-of-Way
Railroad
Right-of-Way (public and private)
4938 Lincoln Drive Edina, MN 55436
GOLDEN VALLEY
COOPERATIVE
RE: APPLICATION TO THE CITY OF GOLDEN
VALLEY FOR CONSIDERATION OF:
FUTURE LAND USE CHANGE TO HIGH
DENSITY
REZONING TO R4
CONDITIONAL USE PERMIT FOR A 6th
STORY AND ADDITIONAL HEIGHT ABOVE
60 FEET
PRELIMINARY PLAT APPROVALS
DATE: 12.23.2021
APPLICANT INFORMATION
Full Name: Artessa Development, LLC [Ben Landhauser, Vice President]
Daytime Phone: 612.875.1618
Email Address: ben@thislifestyle.com
Street Address: 4938 Lincoln Drive
City, State, Zip: Edina, MN 55436
Page 2 of 6
SUMMARY TABLE OF SIGNIFICANT CHANGES TO PROPOSAL/APPLICATIONS
REVISED PROPOSAL ORIGINAL CHANGE
UNIT COUNT 78 97 -19.6%
AFFORDABLE UNITS
[10% OF TOTAL MINIMUM] 9 10 +12.5 % ABOVE MIN.
DENSITY [UNITS/ACRE] 33.2 41.28 -19.6%
TRAFFIC COUNTS
[TRIPS PER DAY] 253 315 -19.7%
BUILDING SQ FT 218,762 259,630 -15.7%
PARKING
VEHICULAR [RATIO] 1.9 : 1 1.9 : 1 0%
BICYCLE [#] 60+ 40+ +150%
ELECTRIC CHARGING [#] 4 2 +200%
4TH FLOOR STEPBACK 43 FEET 35 FEET +123%
PARTIAL 5TH FLOOR
STEPBACK 114 FEET 35 FEET +226%
# OF STORIES 4.5 6 -25%
MAX HEIGHT 60 FEET 72.5 FEET -17.2%
IMPERVIOUS SURFACE 60% 58.4% +1.6%
Page 3 of 6
UPDATED PROJECT NARRATIVE
The conceptual site plan identifies a 4.5-story cooperative building comprised of approximately 78
homes. These 78 +/- cooperative homes range in characteristics from 1 bedroom 1 bath to 2
bedroom + den and 2 bath. As the property boundary and planned acquisition has been coordinated
with the Golden Valley Country Club, the objective of both parties has centered around preserving as
much open space and golf course related functions on the remaining Club property as possible. The
design of the cooperative building is intended to compliment and leverage the unique topography of
the site. Floor and unit composition has been deliberately assembled to reduce both the interior and
exterior massing of the building. From any vantage point, the building appears much smaller than
the overall size and number of homes would suggest. 2 levels of underground parking enable the
building footprint to remain compact, while providing more than a 1:1.5 ratio of stalls to units within
the building. The current façade concept is intended to provide visual interest and intrigue that
compliments but doesn’t detract from the Golden Valley Country Club or the surrounding commercial
office buildings. The revised building composition is responsive to the scale and massing concerns
expressed by nearby single-family residential neighborhood. Strong horizontal banding and a mix of
materials accentuate the lower levels and significant articulation provided by the building design.
Step backs are provided on the southwestern and eastern legs of the building. From the southern leg
of the building, the 3rd to 4th floor is stepped back to reduce massing at the closest point from Country
Club Drive. Emphasis visually falls on the 3rd floor and enables the 4th floor to reflect the rolling and
undulating topography of the Golden Valley Country Club property. On the partial 5th floor, the
building is stepped roughly 114 feet away from Country Club Drive, so the majority of what is
visually seen from drivers and passers by is a 3-4 story building. Any impact of the partial 5th floor is
placed at the farthest reaches of the cooperative parcel from the residential or neighboring
commercial properties.
The cooperative has an age qualification requirement that entails at least one owner of every home
in the building to be 62 years of age or older. The proposed cooperative community has been
modeled to align with the City’s Mixed-Income Housing Policy. 9 homes (11.5%) will be priced and
sold to initial buyers at values consistent with the published 80% AMI levels as established by the
Metropolitan Council. Over-time all share values (cooperative home values) will appreciate at a
maximum of 2% annually, which will enable those 9 homes to remain at the 80% AMI or become
more financially attainable to income levels below 80% for a 40-year period of time. Because of the
fixed appreciation levels of all homes in the cooperative, all homes will become more financially
attainable over time as the general real estate market will fluctuate at an average appreciation rate
greater than the maximum 2% appreciation of the cooperative shares.
Similar to other Artessa Cooperatives, the building is finished with extensive common area amenities
(approximately 9,500+ sf) that enable our owners to have access to more daily living space and
community connection opportunities within the cooperative. The cooperative amenity areas include:
Great Room: A large gathering and hosting space with full kitchen, pantry and a
variety of seating spaces designed for both large and small groups to
get together.
Entertainment
Suite:
This entertainment suite is the perfect place to get together and watch
a movie, play cards or a game on the brand-new shuffleboard table.
Your grand kids won’t stop talking about how fun it is to go visit
Page 4 of 6
grandma and grandpa once they see all that the entertainment suite
has to offer – including an arcade game table.
Hospitality Suite: A secluded hospitality suite becomes the perfect get away for smaller
social gatherings like your wine club, family holiday celebrations and
anything in between.
Wellness Studio Whether your daily routine involves a workout, yoga or meditation, the
Wellness Studio provides an escape for you to keep that routine in
check or get a chance to start a whole new one involving state of the art
equipment and multi-purpose flooring selected specifically for the Zvago
GV Club community.
Business Center: The business center provides working owners a space to take meetings
and all the office amenities similarly found in a co-working space.
Guest Suites: These guest quarters allow you to host additional friends or family in
your home without having to upsize your unit in the process. Each guest
suite reflects the same characteristics you’d find in a king bed suite in a
hotel.
Makerspace: Looking for an area to build a new murphy bed, polish up your skis, tune
up your bike or create something without feeling like you are making a
mess? Active hobbyists and artists alike transform this space into the
woodshop or studio space of their dreams as part of the cooperative
living experience.
The unit composition of the cooperative includes:
UNIT TYPE # OF UNITS SQ. FT. RANGE
ONE BEDROOM + DEN 11 1,110 – 1,302 sf
2 BEDROOM 18 1,360 - 1,422 sf
2 BEDROOM + DEN 49 1,600 – 1,796 sf
The cooperative does have a full time (32 – 40 hrs. per week) building manager and part-time
maintenance technician (20 - 30 hrs. per week) on the premises. These individuals are overseen by a
professional property management company.
PROPERTY INVOLVED:
ADDRESS/ LEGAL PID PROPERTY OWNER CONTRACT/PERMISSION
7001 Golden Valley Road /
See attached Legal Description
on Survey
Part of
321182121002
Golden Valley Country
Club Purchase Agreement
Page 5 of 6
REZONING INFORMATION OF PROPERTIES INVOLVED:
PROPERTY COMPREHENSIVE PLAN GUIDANCE CURRENT ZONING PROPOSED ZONING
See Attached Legal
Description on Plat Parks & Natural Areas
I4 – Golf Courses,
Parks, Playgrounds &
City Offices
(R4) High Density
Residential
R4 ZONING PROPOSAL
REGULATION REVISED PROPOSAL CHANGE FROM
ORIGINAL PROPOSAL
PRINCIPAL USE: Multifamily Cooperative N/A
ACCESSORY USE(S): Enclosed and underground parking
structure
N/A
FRONT YARD SETBACK (MIN) (SOUTH): 35 feet N/A
SIDE YARD SETBACK (MIN) (WEST & EAST): 20 feet N/A
REAR YARD SETBACK (MIN) (NORTH): 20 feet N/A
HEIGHT (MAX): 60 Feet* 7.3% Reduction
SIZE OF PROPERTY: 2.35 acres N/A
IMPERVIOUS SURFACE: 58.4% N/A
RESIDENTIAL DENSITY (GROSS UNITS/ACRE): 33.2 8% Reduction
STEPBACK FROM 3RD TO 4TH FLOOR: [SOUTHERN BUILDING LEG] 8 feet +123%
STEPBACK FROM 4TH TO 5TH FLOOR:
[FROM COUNTRY CLUB DRIVE] 114 feet +226%
* = AVG HEIGHT MEASURED FROM GRADE AT FRONT OF BUILDING (SOUTHERN FACE)
Page 6 of 6
PROJECTED TRAFFIC COUNTS:
# OF TRIPS PER UNIT TOTAL # OF TRIPS
REVISED PROPOSAL 3.24 253
ORIGINAL PROPOSAL 3.24 315
CHANGE
[FROM ORIGINAL TO PROPOSED] 0% -19.7%
PARKING REQUIREMENTS VS. PROPOSAL:
USE: MULTIFAMILY RESIDENTIAL PROPOSAL
[BASED ON 97 UNITS]
RATIO COUNT
GARAGE PARKING 1.5 : 1 117
SURFACE PARKING 0.44 : 1 34
TOTAL PARKING 1.94 : 1 151
BICYCLE PARKING 0.77:1+ 60
ELECTRIC VEHICLE CHARGING SPACES 5% 4 [2 flex]
The required number of parking spaces per the City’s requirements for multi-family buildings is: 146 spaces (1.5/unit).
The required number of bicycle parking spaces per City requirements is: 8 bicycle spaces (5% of required vehicle
spaces)
Respectfully Submitted,
Ben Landhauser AICP
Executive Vice President
Main 612.875.5637
Direct 612.875.1618
ben@thislifestyle.com
RESOLUTION NO. 22-006
RESOLUTION FOR AMENDMENT TO THE
FUTURE LAND USE MAP DESIGNATING A PORTION OF THE PROPERTY
AT 7001 GOLDEN VALLEY ROAD AS HIGH DENSITY RESIDENTIAL
WHEREAS, the City Council has met at the time and place specified in a notice duly
published with respect to the subject matter hereof and has heard all interested persons,
and it appearing in the interest of the public that the Future Land Use Map as heretofore
adopted and enacted by the City of Golden Valley be amended; and
WHEREAS, the area affected will be legally described as follows:
Lot 2, Bock 3, Artessa Golden Valley, Hennepin County, Minnesota.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden
Valley, that pursuant to the provision of Sec. 113-28 of the City Code for the City of Golden
Valley, and subject to review and approval by the Metropolitan Council for conformity with
regional systems plan as provided in state law, the Future Land Use Map for the City of
Golden Valley is hereby amended by designating the identified portion of the property at
7001 Golden Valley Road as High Density Residential.
Adopted by the City Council of Golden Valley, Minnesota this 4th day of January 2022.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
Golden Valley City Council Meeting
January 4, 2022
Agenda Item
4. B. 2. Public Hearing – Zoning Map Amendment for Artessa Senior Cooperative located on a Portion
of 7001 Golden Valley Road
Prepared By
Jason Zimmerman, Planning Manager
Summary
Artessa Development, LLC, originally proposed four planning actions to allow for the development of a
portion of the driving range owned by the Golden Valley Country Club. They requested a change to the
Future Land Use Map (from an Institutional use to High Density Residential use), a change to the Zoning
Map (from the Institutional (I-4) Zoning District to the High Density Residential (R-4) Zoning District), a
subdivision of the property to create a new lot of approximately 2.35 acres, and a conditional use permit
to allow for the construction of a sixth floor on the proposed senior cooperative building. Subsequently,
revised plans were submitted and the conditional use permit is no longer needed.
At its meeting on December 13, 2021, the Planning Commission voted (6-0) to recommend denial of the
zoning change.
For details on the background of this rezoning request and the existing conditions of the site itself, please
refer to the accompanying memo on the proposed change in guided land use.
Proposal
The zoning request would change the designated zoning from Institutional (I-4) to High Density
Residential (R-4).
Required Process
Support from the City Council for this proposal would also necessitate review and approval from the
Metropolitan Council for the change in land use, requiring a delay in the final vote on the rezoning and
the subdivision until the land use change was approved.
Staff Review
The City Code does not set specific standards for changing a zoning designation, and the City Council –
with the input of the Planning Commission – has a great deal of latitude in deciding if the request is
consistent with the broader zoning map for the city. In making a determination, the City should take into
account the purpose of zoning as outlined in the City code, which is “to regulate land use within the City,
City Council Regular Meeting Executive Summary
City of Golden Valley
January 4, 2022
2
including the location, size, use, and height of buildings, the arrangement of buildings on lots, and the
density of population within the City for the purpose of promoting the health, safety, order,
convenience, and general welfare of all citizens of the City.” (Sec. 113-2)
This rezoning request seeks to change the site’s zoning from Institutional (I-4) to High Density
Residential. The purpose statements for both districts follow:
Institutional Zoning
The purpose of the Institutional Zoning District is to establish areas where both public
and private institutional uses such as schools, hospitals, parks, golf courses, nursing
homes, and public buildings may be located.
High Density Residential Zoning
The purpose of the High Density Residential (R-4) Zoning District is to provide for high
density housing (up to 50 units per acre for multifamily dwellings and up to 70 units per
acre for senior and disability housing) along with directly related and complementary
uses. Multifamily dwellings and senior and disability housing is permitted to a density of
100 units per acre with a conditional use permit.
Allowed Uses
The following principal uses are listed as permitted in the Institutional (I-4) Zoning District:
1. Golf courses, country clubs, and polo fields, excepting those carried on as a business such as
miniature golf courses
2. Parks, playgrounds, City offices, fire stations, and other lands incidental to the operation of the
City
3. Essential services, Class I
In addition to these three uses, adult day care centers and child care centers are permitted by
conditional use permit.
In the High Density Residential Zoning District, allowed uses are multi-family buildings, senior and
physical disability housing, foster family and group foster family homes, and residential facilities serving
up to 25 persons. Additional density in multi-family and senior and disability housing (up to 100 units per
acre) may be allowed through a conditional use permit, as well as structures in excess of five stories,
residential facilities serving more than 25 persons, or retail sales, Class I or II restaurants, and
professional offices on the ground floor when located along a minor arterial or major collector street.
Compatibility
Another important consideration is whether the rezoning would be compatible with surrounding uses.
City Council Regular Meeting Executive Summary
City of Golden Valley
January 4, 2022
3
Zoning Map – existing conditions with pending change at 6300 OMH
The site sits in the corner of a large parcel (the Country Club) zoned Institutional (I-4) and likely to remain
as open space/golf course for many years. It is adjacent to another larger property zoned Office, though
a recent proposal before the City Council is set to rezone the property to Light Industrial. Across Country
Club Drive, immediately adjacent properties are also zoned Office. Single-family homes extend down
Country Club Drive to the west towards the downtown and south to Olson Memorial Highway.
The nearest multi-family development is on the far side of the railroad tracks to the north. A medium
density development is located along Golden Valley Road and two new apartments are being planned for
the corner of Golden Valley Road and Douglas Drive. As a zoning district, the current proposal would
stand as an island among other uses. While the applicant has suggested the site would be convenient for
seniors given the proximity to the downtown and transit options on Douglas Drive, the reality is that a
walk to the closest portion of the downtown is roughly three quarters of a mile away and the bus service
on Douglas and Olson Memorial is limited to stops every half hour during AM and PM rush hours (future
Bus Rapid Transit may come to Olson Memorial Highway with a potential stop at Douglas Drive). There
are no retail or service uses in the area that could become walkable destinations, and no public open
spaces. The Luce Line Regional Trail does sit adjacent to the location along Country Club Drive.
Setback Requirements and Height Restrictions. In the High Density Residential Zoning District, front yard
setbacks for principal structures are 25 feet from the property line, similar to other zoning districts in the
city. For this property, required side and rear yard setbacks would be 20 feet. Building height is limited to
five stories or 60 feet, whichever is less, though a conditional use permit could allow the height to
increase to six stories.
City Council Regular Meeting Executive Summary
City of Golden Valley
January 4, 2022
4
Traffic
As described in the land use memo, traffic associated with a multi-family building could vary depending
on the type us facility and the number of units. The current proposal would be expected to generate a bit
more than 250 new trips per day. Country Club Drive is able to handle this level of traffic, though
adjacent properties would experience a noticeable increase.
Staff Findings
In order to provide support for the recommendation below, staff is offering the following findings of fact
related to rezoning the proposed parcel to a High Density Residential (R-4) designation:
1. The City would benefit from the addition of affordable units that would be required as a result of
a change in zoning.
2. The proposed use of this site for High Density Residential – and more specifically as a senior
cooperative building – fits with a number of the goals and objectives of the Comprehensive Plan
while potentially conflicting with others.
3. The site is currently in an area with a variety of zoning designations nearby, but none are as
intense or allow for the extent of massing that could result here should the property be zoned for
High Density Residential.
4. Instead of acting as a transition between different zoning designations (Single-Family Residential
and Institutional (I-4)), the proposed designation could function as a barrier by inserting a more
intense designation between two less intense designations.
5. A High Density Residential zoning designation has typically be located near a commercial node –
providing access to retail and services – or on a major roadway with access to high frequency
transit. The location being proposed lacks those qualities.
6. Though potential residents of a multi-family building would have views of the Golden Valley
Country Club grounds, the site is private property and no public open space is nearby to allow for
outdoor recreation (active or passive).
7. While Engineering staff have concluded that the amount of traffic generated by a senior use is
able to be absorbed by Country Club Drive given its current traffic levels and its type of
construction, the increase in trips would be felt by residents and businesses given the existing
indirect access to Olson Memorial Highway.
8. A specific project has been proposed in association with the change in zoning, but there is no
guarantee a more intense or impactful proposal would not emerge that would be allowed once a
High Density Residential zoning district was established.
Subsequent Considerations
Given the significant revisions being offered by the applicant after the Planning Commission meeting,
staff does not support a City Council vote on the proposal at this time. It has long been the City’s
practice not to accept significant changes to a pending proposal in between the Planning Commission
and City Council hearings. This assures that the plans that residents see at the Planning Commission
(and at the Neighborhood Meeting) are the same ones that are considered by the Council. When
changes are proposed by the applicant, the past recommendation from staff has been to ask the
Council to return the item to the Planning Commission for re-evaluation in light of new information.
Financial Or Budget Considerations
None
City Council Regular Meeting Executive Summary
City of Golden Valley
January 4, 2022
5
Recommended Action
Motion to return the proposed zoning change to the Planning Commission for additional evaluation in light
of revisions submitted by the applicant.
Supporting Documents
• Memo to the Planning Commission dated December 13, 2021 (4 pages)
• Zoning Map (1 page)
• Ordinance No.731, Rezoning the Southeast Corner of 7001 Golden Valley Road from Institutional -
Parks and Natural Areas to High Density Residential (R-4) (3 pages)
1
Date: December 13, 2021
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Subject: Informal Public Hearing – Zoning Map Amendment for a Portion of
7001 Golden Valley Road – Artessa
Summary of Request
Artessa Development, LLC, is proposing four planning actions to allow for the development of a
portion of the driving range owned by the Golden Valley Country Club. They are requesting a
change to the Future Land Use Map (from an Institutional use to High Density Residential use), a
change to the Zoning Map (from the Institutional (I‐4) Zoning District to the High Density
Residential (R‐4) Zoning District), a subdivision of the property to create a new lot of approximately
2.35 acres, and a Conditional Use Permit to allow for the construction of a sixth floor on the
proposed senior cooperative building.
Background and Existing Conditions
For details on the background of this rezoning request and the existing conditions of the site itself,
please refer to the accompanying memo on the proposed change in guided land use.
Proposal
The zoning request would change the designated zoning from Institutional (I‐4) to High Density
Residential (R‐4).
Required Process
Support from the Planning Commission and City Council for this proposal would also necessitate
review and approval from the Metropolitan Council for the change in land use, requiring a delay in
the final vote on the rezoning, the subdivision, and the Conditional Use Permit until the land use
change was approved.
Staff Review
The City Code does not set specific standards for changing a zoning designation, and the City
Council – with the input of the Planning Commission – has a great deal of latitude in deciding if the
request is consistent with the broader zoning map for the city. In making a determination, the City
should take into account the purpose of zoning as outlined in the City code, which is “to regulate
2
land use within the City, including the location, size, use, and height of buildings, the arrangement
of buildings on lots, and the density of population within the City for the purpose of promoting the
health, safety, order, convenience, and general welfare of all citizens of the City.” (Sec. 113‐2)
This rezoning request seeks to change the site’s zoning from Institutional (I‐4) to High Density
Residential. The purpose statements for both districts follow:
Institutional Zoning
The purpose of the Institutional Zoning District is to establish areas where both
public and private institutional uses such as schools, hospitals, parks, golf courses,
nursing homes, and public buildings may be located.
High Density Residential Zoning
The purpose of the High Density Residential (R‐4) Zoning District is to provide for
high density housing (up to 50 units per acre for multifamily dwellings and up to 70
units per acre for senior and disability housing) along with directly related and
complementary uses. Multifamily dwellings and senior and disability housing is
permitted to a density of 100 units per acre with a conditional use permit.
Allowed Uses
The following principal uses are listed as permitted in the Institutional (I‐4) Zoning District:
1. Golf courses, country clubs, and polo fields, excepting those carried on as a business such as
miniature golf courses
2. Parks, playgrounds, City offices, fire stations, and other lands incidental to the operation of
the City
3. Essential services, Class I
In addition to these three uses, adult day care centers and child care centers are permitted by
conditional use permit.
In the High Density Residential Zoning District, allowed uses are multi‐family buildings, senior and
physical disability housing, foster family and group foster family homes, and residential facilities
serving up to 25 persons. Additional density in multi‐family and senior and disability housing (up to
100 units per acre) may be allowed through a conditional use permit, as well as structures in excess
of five stories, residential facilities serving more than 25 persons, or retail sales, Class I or II
restaurants, and professional offices on the ground floor when located along a minor arterial or
major collector street.
Compatibility
Another important consideration is whether the rezoning would be compatible with surrounding
uses.
3
Zoning Map – existing conditions with pending change at 6300 OMH
The site sits in the corner of a large parcel (the Country Club) zoned Institutional (I‐4) and likely to
remain as open space/golf course for many years. It is adjacent to another larger property zoned
Office, though a recent proposal before the City Council is set to rezone the property to Light
Industrial. Across Country Club Drive, immediately adjacent properties are also zoned Office.
Single‐family homes extend down Country Club Drive to the west towards the downtown and south
to Olson Memorial Highway.
The nearest multi‐family development is on the far side of the railroad tracks to the north. A
medium density development is located along Golden Valley Road and two new apartments are
being planned for the corner of Golden Valley Road and Douglas Drive. As a zoning district, the
current proposal would stand as an island among other uses. While the applicant has suggested the
site would be convenient for seniors given the proximity to the downtown and transit options on
Douglas Drive, the reality is that a walk to the closest portion of the downtown is roughly three
quarters of a mile away and the bus service on Douglas and Olson Memorial is limited to stops
every half hour during AM and PM rush hours (future Bus Rapid Transit may come to Olson
Memorial Highway with a potential stop at Douglas Drive). There are no retail or service uses in the
area that could become walkable destinations, and no public open spaces.
Setback Requirements and Height Restrictions. In the High Density Residential Zoning District, front
yard setbacks for principal structures are 25 feet from the property line, similar to other zoning
districts in the city. For this property, required side and rear yard setbacks would be 20 feet.
Building height is limited to five stories or 60 feet, whichever is less, though the applicant is also
applying for a Conditional Use Permit to allow the height to increase to six stories.
4
Traffic
As described in the land use memo, traffic associated with a multi‐family building could vary
depending on the type us facility and the number of units. The current proposal would be expected
to generate a bit more than 300 new trips per day. Country Club Drive is able to handle this level of
traffic, though adjacent properties would experience a noticeable increase.
Staff Findings
In order to provide support for the recommendation below, staff is offering the following findings
of fact related to rezoning the proposed parcel to a High Density Residential (R‐4) designation:
1. The City would benefit from the addition of affordable units that would be required as a
result of a change in zoning.
2. The proposed use of this site for High Density Residential – and more specifically as a senior
cooperative building – fits with a number of the goals and objectives of the Comprehensive
Plan while potentially conflicting with others.
3. The site is currently in an area with a variety of zoning designations nearby, but none are as
intense or allow for the extent of massing that could result here should the property be
zoned for High Density Residential.
4. Instead of acting as a transition between different zoning designations (Single‐Family
Residential and Institutional (I‐4)), the proposed designation could function as a barrier by
inserting a more intense designation between two less intense designations.
5. A High Density Residential zoning designation has typically be located near a commercial
node – providing access to retail and services – or on a major roadway with access to high
frequency transit. The location being proposed lacks those qualities.
6. Though potential residents of a multi‐family building would have views of the Golden Valley
Country Club grounds, the site is private property and no public open space is nearby to
allow for outdoor recreation (active or passive).
7. While Engineering staff have concluded that the amount of traffic generated by a senior use
is able to be absorbed by Country Club Drive given its current traffic levels and its type of
construction, the increase in trips would be felt by residents and businesses given the
existing indirect access to Olson Memorial Highway.
8. A specific project has been proposed in association with the change in zoning, but there is
no guarantee a more intense or impactful proposal would not emerge that would be
allowed once a High Density Residential zoning district was established.
Recommended Action
Based on the findings above, staff recommends denial of the requested amendment to the Zoning
Map, changing the zoning designation for a portion of 7100 Golden Valley Road from Institutional
(I‐4) to High Density Residential (R‐4).
Attachments:
Zoning Map (1 page)
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I-394NFrontageRd I -3 9 4 N Frontage Rd
WayzataBlvd
I-394SFrontag e R d
York
AveNValeryRdW
asatchLn
Hwy 55
Hwy 55
H w y 5 5
O l s o n M e m o r i a l H w yHwy 55
H w y 5 5
County Rd 40
County Rd 40 Glenwood A v e
CountyR d 4 0
CountyRd40
GoldenValley R d
C o u nty Rd 66ManchesterDr
County Rd 156OregonAveS24th Ave N
LilacDrNRoanokeRdLouisianaAveN
Turnpike RdLilacLoop (Sunnyridge Ln)WisconsinAveN
GettysburgCt(Laurel Pt)
(Laure lCurv)Independence Ave NGettysburg Ave NFlag Ave NWheelerBlvdAlleyNaper St
B e tty CrockerDr Decatur Ave N(WesleyCommonsDr)Winnetka Ave S Winnetka Ave SHanley RdBrookviewPkwySWayzataBlvd
I-394 S Fron t a g e R d
Olympia St
Independence Ave NHillsboro Ave NGettysburg Ave NU n io n P acific Railroad
Canadian Pacific Railroad B
u
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to
n
N
o
rt
h
e
r
n
Sant
aFeRailroadCanadianPacificRailroadC anadianP acificR ailroadC anadia n P a c i f i c R ailroad
U nion Pacific R a i l r o a d
Breck School
SandburgMiddle School
Perpich Center for Arts Education
MNDOT District Office & State Highway Patrol
NobleElementarySchool
CalvaryLutheranChurch
Speak theWord Church
10th AvenueCold Storage
School ofEngineeringand Arts
GovernmentCenter &Fire Station #1
MeadowbrookElementarySchool
King of GraceLutheranChurchand School
Churchof St.MargaretMary
Good ShepherdCatholic Church&Good ShepherdSchool
GoldenValleyLutheranChurch
Spirit ofHopeChurch
Oak Grove Church
HennepinCounty SheriffCommunications
Hennepin CountyLibrary
Fire Station#3
Valley Community Presbyterian Church
ChristianLifeCenter
UnityChristChurch
RedeemerReformedChurch
FireStation#2
Valley of PeaceLutheran Church
Golden ValleyCemetery
Golden ValleyHistoricalSociety
BrookviewCommunityCenter
Breck IceArena
WaterReservoir
U.S.Post Office
Loveworks Academy forVisual & Performing Arts
On FireMinistry
C I T Y O F N E W H O P E C I T Y O F C R Y S T A L
C I T Y O F R O B B I N S D A L E
CITY OF MINNEAPOLISC I T Y O F S T . L O U I S P A R K CITY OF MINNEAPOLISCITY OFST. LOUIS PARKCITY OF ROBBINSDALECITY OF CRYSTAL
CITY OF CRYSTALC I T Y O F N E W H O P E
CITY OF PLYMOUTHCITY OF MINNEAPOLISC I T Y O FST. L O U I S P A R KCITY OFPLYMOUTH74
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34
8
25
78
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6
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86
27
56
66
90
46
3365
71
6795
51
70
8163
53
22
93
91
76
84
3947
1-A
72
61
59
68
30-B
77
1-B
42
28
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89 36
24
18-A
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2658
95 26-A34
14
48
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41
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97 100
109
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115117123
113
114
110
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C C
B B
A
A
City of G old en Va lleyPlanning Department7800 Go lden Valley R oadGolden Valle y, MN 55 427-45 88763-593 -8095www.golde nvalleymn .go v
Offi cial Zoning Map
Zoning Districts
I:\Maps\ZoningMap.pdf
ORDINANCE NO. 271, 2N D SERIES
This is to certify that this is the Official Zoning Map referred to in Section 11.11of the Zoning Chapter of the City Code of the City of Golden Valley.
Appr oved Amend ments: Official Zoning Map
Ordinance Number CommentsCity CouncilAdoption Date
Visit the Planning Department a t City Ha ll fo r a list o f amend me nts appro ve d since a doption .
Print Date: 10/12/2021Sources: Hennepin County Surveyors Office for Property Lines (2021). City of Golden Valley for all other layers.
0 800 1,600 2,400 3,200400Feet I
Adopted this 22nd day of November 2002.
59
(C)
(LI) Light
(I)
(I-3) M edical: Rest Ho mes, NursingHomes, S anitariums
(I-4) G olf C ourses, P arks,Playgrounds, City Offices
(I-5)
(O ) Office
(I-1) A ssem bly: C hurche s, S chools
(I-2) C ivic: Libra ries, Museum s, Colleges
Not Zoned
Planned Unit Development (PU D)
See the "Official Flood Zone Profile and Map" on file with the City - The collection of floodprofiles contained in the Flood Insurance Study, Volumes 1 of 2 and 2 of 2, Hennepin County, Minnesota, all jurisdictions, dated November 4, 2016, including the Flood Insurance R ate M apsfor the C ity of G olden Valley, panels 27053C0194F, 27053C0213F, 27053C0214F, 27053C0332F, 27053C0351F, 27053C0352F and 27053C0354F, dated Novem ber 4, 2016.
Flood Pla in Managem ent Zoning Overlay D istrict
I-394 O verlay Zoning District (A , B, & C)
Shore land Overlay District
See Section on Shoreland M anagem entfor setback distance from protected waters.
A
(R-1) Single-Fam ily Residential
(R-4) High Density R esidential
(R-3) M edium D ensity Residential
(R-2) M oderate Density R esidential
(M U-N ) Mixed U se N eighborhood
(M U-C ) Mixed U se C omm unity
(M U-E ) Mixed U se Em ploym ent
ORDINANCE NO. 731
AN ORDINANCE AMENDING THE CITY CODE CHAPTER 113
Rezoning the Southeast Corner of 7001 Golden Valley Road from
Institutional - Parks and Natural Areas to High Density Residential (R-4)
Artessa Development, LLC, Applicant
The City Council for the City of Golden Valley hereby ordains:
Section 1. City Code chapter 113 entitled “Zoning” is amended in Section 113-55 Subd. (b)
by changing the zoning designation of certain tracts of land from Institutional - Parks and Natural
Areas to High Density Residential (R-4).
Section 2. The tracts of land affected by this ordinance are legally described as:
Lots 1 to 9, both inclusive, Block 1, Bitzer's Place, Hennepin County, Minnesota, according to
the recorded plat thereof, Hennepin County, Minnesota. Together with all of Fred Place, and
alleys except the West 25 feet thereof dedicated in the plat of Bitzer's Place, as vacated in
Document No. 9061961.
Lots 337 to 356, both inclusive, Belmont, according to the recorded plat thereof, Hennepin
County, Minnesota.
Commencing 258.08 feet East of the Southwest corner of the Southeast Quarter of the
Northwest Quarter of Section 32, Township 118, North Range 21, West of the 5th Principal
Meridian; thence North to the center of the Watertown Road, thence West along said road to a
point 2 rods East of the West line of the Southeast Quarter of the Northwest Quarter, thence
North to a point 2 rods East and 2 rods South of the North line of Section 32; thence East and
parallel with the North line of Section 32, 78 rods to the center line of the section; thence South
78 rods to the quarter section line, thence East 80 rods to the Northeast corner of the Southwest
Quarter of the Northeast Quarter of said Section; thence South to the Southeast corner of said
Southwest Quarter of said Northeast Quarter; thence West along the center line of said Section
to the point of beginning, Hennepin County, Minnesota.
The following described land, to-wit: The West 3/4 of the Northwest Quarter of the Northeast
Quarter of said Section 32, Township 118, Range 21, except however, the right of way of the
Electric Short Line Railroad Company across the said land as described in a deed recorded in
Book 670 of Deeds, Page 60; also except the land conveyed to the Electric Short Line Railroad
Company by a deed recorded in Book 720 of Deeds, Page 640, and lying Northerly of Golden
Valley Road, Hennepin County, Minnesota.
The West 330 feet of the Southeast Quarter of the Northeast Quarter of Section 32, Township
118, Range 21, except that part thereof taken for the Electric Short Line Railroad right of way.
Also that parcel of land described as follows: Commencing at the Northwest corner of the
Northeast Quarter of the Southeast Quarter of Section 32, Township 118, Range 21; thence
East along the center line of said Section, 330 feet; thence South and parallel with the West line
of the Northeast Quarter of the Southeast Quarter, 47.5 feet to the Northerly line of the County
Road as now laid out and opened; thence Northwesterly along the Northerly line of said County
Road to the point of beginning, Hennepin County, Minnesota.
North 2 rods of East 40 rods of Northeast Quarter of the Northwest Quarter of Section 32,
Township 118, Range 21, Hennepin County, Minnesota.
All that part of the East Quarter of the Northwest Quarter of the Northeast Quarter of Section 32,
Township 118, Range 21, described as follows, to-wit: Beginning at a point in the center line of
County Highway No. 6, commonly known as 19th Avenue North, where the center line of said
road is intersected by the West line of the East Quarter of the Northwest Quarter of the
Northeast Quarter of said Section 32, thence North along the West line of said East Quarter of
Northwest Quarter of Northeast Quarter to a point 346.3 feet South of the North line of said
Section, said point being the Southwest corner of that certain tract of land deeded by Fred H.
Hanover to Aug. Jacob and Aug. Walz in Book 1173 of Deeds, Page 363; thence Northeasterly
making an angle of 80 degrees to the right from said last described course along the Southerly
line of said tract deeded to Aug. Jacob and Aug. Walz a distance of 60.97 feet to a point 60 feet
due East of the West line of the East Quarter of the Northwest Quarter of Northeast Quarter;
thence South parallel with and 60 feet due East of West line of East Quarter of Northwest
Quarter of Northeast Quarter, a distance of 830 feet, more or less, to the center line of said
County Highway No. 6; thence Southwesterly along the center line of said Highway to the point
of beginning, Hennepin County, Minnesota.
West Sixty (W 60) feet of that part of the East Quarter of the Northwest Quarter of the Northeast
Quarter of Section 32, Township 118, North Range 21, West of the 5th Principal Meridian,
Hennepin County, Minnesota described as follows: Beginning at the Northeast corner of the
Northwest Quarter of the Northeast Quarter of Section 32; thence South along the East line of
said Northwest Quarter of the Northeast Quarter of Section 32 a distance of 255.75 feet; thence
Southwesterly making an angle of 48 degrees and 45 minutes to the right from said last
described course a distance of 53.54 feet; thence Southwesterly making an angle of 25 degrees
and 54 minutes to the right from said last described course a distance of 95.1 feet; thence
Westerly a distance of 195.3 feet to a point in the West line of the East Quarter of Northwest
Quarter of Northeast Quarter of said Section 32 said point being 346.3 feet South of the North
line of said Section 32; thence North along the West line of said East Quarter of Northwest
Quarter of Northeast Quarter to the North line of said Section; thence East along the North line
of said Section 32 a distance of 327.05 feet to the point of beginning.
Hennepin County, Minnesota
Abstract Property and Torrens Property
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 form and after its passage and publication as
required by law.
Adopted by the City Council this 4th day of January 2022.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/Theresa J. Schyma
Theresa J. Schyma, City Clerk
Golden Valley City Council Meeting
January 4, 2022
Agenda Item
4. B. 3. Public Hearing – Preliminary Plan for Subdivision for Artessa Senior Cooperative located on a
Portion of 7001 Golden Valley Road
Prepared By
Jason Zimmerman, Planning Manager
Summary
Artessa Development, LLC, originally proposed four planning actions to allow for the development of a
portion of the driving range owned by the Golden Valley Country Club. They requestied a change to the
Future Land Use Map (from an Institutional use to High Density Residential use), a change to the Zoning
Map (from the Institutional (I-4) Zoning District to the High Density Residential (R-4) Zoning District), a
subdivision of the property to create a new lot of approximately 2.35 acres, and a conditional use permit
to allow for the construction of a sixth floor on the proposed senior cooperative building. Subsequently,
revised plans were submitted and the conditional use permit is no longer needed.
At its meeting on December 13, 2021, the Planning Commission voted (6-0) to recommend approval of the
subdivision.
For details on the background of this subdivision request and the existing conditions of the site itself,
please refer to the accompanying memo on the proposed change in guided land use.
Proposal
The proposed subdivision request would create a new 2.35 acre lot in the southeast corner of the
existing Country Club parcel.
Required Process
Support from the City Council for this proposal would also necessitate review and approval from the
Metropolitan Council for the change in land use, requiring a delay in the final vote on the rezoning and
the subdivision until the land use change was approved.
Staff Review
Because the proposed subdivision is not part of a recorded plat or a recorded registered land survey, it
does not qualify as a minor subdivision and therefore must proceed under the more general subdivision
process identified in the City Code (Sec. 109). The applicant has submitted all of the information required
City Council Regular Meeting Executive Summary
City of Golden Valley
January 4, 2022
2
to process the request, including a site survey of existing conditions, a tree inventory, and a preliminary
plat (Artessa at Golden Valley).
The proposed lot area is 2.35 acres. If the property were to be rezoned to High Density Residential (R-4),
as proposed, the minimum lot area requirement of 20,000 square feet would be met. In addition, the
minimum lot with of 150 feet at the front setback line would also be met. Therefore, the proposed
subdivision would meet all dimensional requirements of the zoning district.
In the R-4 district, the front yard setback is 25 feet and side and rear yard setbacks are 20 feet. Given the
size of the proposed lot, there would be a sufficient building envelope for development.
Current plans indicate a shared private roadway between the Golden Valley Country Club and future
residents in order to access underground parking to the rear of the building. As is typical when shared
arrangements are proposed, staff would require copies of any agreements to ensure maintenance and
other responsibilities are adequately provided for.
Consistent with the requirements of Sec. 109-167 of the City Code, the City may require a reasonable
portion of the proposed subdivision to be dedicated to the public for public use as a park, playground,
public open space, etc. Alternatively, a park dedication fee may be contributed in lieu of land. The City’s
adopted fee schedule sets this rate at 6% of the current land value. This fee may only be used for future
acquisition of land for other public use, development of existing park and playground sites, or debt
retirement for land previously acquired for such public purposes.
Necessary Transportation Improvements
As identified in Chapter 4 of the City’s 2040 Comprehensive Plan, this area has been identified as a target
location to provide a needed local street connection between Country Club Drive and the signalized
intersection at Douglas Drive:
Country Club Dr/Frontage Rd Extension
As part of the Douglas Dr project, direct access from Country Club Dr to Douglas Dr north of
Hwy 55 was eliminated as a safety improvement. The access was realigned to operate as a
right-in/right-out between Country Club Dr and Hwy 55. To improve local street connectivity,
it is desirable to extend Country Club Dr north to join the existing signalized intersection of
Douglas Dr and the North Hwy 55 Frontage Rd east of Douglas Dr. This would require
acquisition of right-of-way from the currently vacant site in the northwest quadrant of Hwy
55 and Douglas Dr. (Golden Valley 2040 Comprehensive Plan, Chapter 4: Transportation,
pages 4-34 and 4-35)
This also falls under one of the chapter’s listed implementation actions for Goal 2: Improve the
Functionality and Safety of the Road Network:
“Review redevelopment proposals for opportunities to implement roadway improvements,
monitor traffic impacts, implement access management strategies, and resolve safety
deficiencies.” (Golden Valley 2040 Comprehensive Plan, Chapter 4: Transportation, page 4-45)
City Council Regular Meeting Executive Summary
City of Golden Valley
January 4, 2022
3
In discussions with the applicant and Country Club following the Planning Commission hearing, staff have
determined that right-of-way to advance the planning of this future public road should not occur at this
time, but should wait until future development takes place on the Golden Valley Country Club driving
range in order to determine the best option for locating a segment that would align with the east/west
segment being planned for 6300 Olson Memorial Highway.
Additional Department Review
Engineering staff have reviewed the preliminary plat and noted that the following questions or issues
would need to be addressed as part of the permitting process:
• The applicant is proposing to remove 20 mature oak trees (18 are legacy oaks) and potentially
impacting more oaks with the access and retaining wall construction on east side. The applicant
should try to preserve these trees before removing and stepping through mitigation options
discussed in City code. Consider reducing or relocating the amount of surface parking and
adjusting the site and grading plans.
• The applicant must attempt to provide above-ground multi-benefit stormwater treatment, or
provide documentation as to why that can’t be achieved.
• Soil borings are needed in the exact locations where infiltration systems are proposed.
• Pervious pavement systems are often placed under parking areas and other low travel and low
vehicle weight areas to reduce sedimentation and chloride accumulation, maintenance/plowing
issues, and ice/freeze conditions. How many trips will be generated over this system per day? Any
large vehicles? Is this pervious pavers or porous asphalt pavement or other? These systems
require regular maintenance with commercial vacuum equipment. A maintenance agreement
would be needed.
• City code requires applicant to minimize runoff to the maximum extent practicable. The applicant
is steepening grades on the east side of the site and discharging and directing stormwater toward
the adjacent property. What are the pre- and post-runoff rates at the point of discharge? Where
is the EOF for the pervious paver system if the CB inlet is blocked and the street overtops? Is
there the potential to work with the property owner to the east on an underground connection?
Where does the neighbor’s CB inlet flow to?
• BCWMC plan review and approval is required.
The Fire Department has also reviewed the application and has indicated that during permitting the
applicant would need to confirm the maneuverability of ladder trucks through the front circle as well as
the “T” at the rear of the building.
Review by Three Rivers Park District was provided given the adjacency of their rights-of-way to this
property. Minor comments related to construction as it may impact the Luce Line Regional Trail were
provided to staff.
Evaluation of Preliminary Plat
According to Section 109-67 of the City Code, the following are the regulations governing approval of
preliminary plats for subdivisions:
Factor/Finding
City Council Regular Meeting Executive Summary
City of Golden Valley
January 4, 2022
4
1. The Council may require changes or revisions as it deems necessary for the health, safety,
general welfare, and convenience of the City.
Standard met. There is no need for the dedication of additional right-of-way at this time.
2. The approval of a preliminary plat is tentative only, involving only the general acceptability
of the layout as submitted.
Standard met. Staff have reviewed the layout and find it to be generally acceptable.
3. Prior to approval of the preliminary plat by the Council, the engineering proposals
pertaining to water supply, storm drainage, sanitary sewer service, roadway widths, traffic
impacts, and the surfacing of streets shall be approved by the City engineer and other public
officials having jurisdiction.
Standard conditionally met. While the specifics of the site design remain to be fully developed
as part of the submittals for the potential site development, there are no known issues related
to water supply, storm drainage, or sanitary sewer service. Increases in traffic created by this
proposal, while impacting adjacent properties, would not rise to the level of concern with
respect to congestion or roadway condition. Staff are requiring copies of shared access
agreements with the Golden Valley Country Club for review.
4. No plat shall be approved for a subdivision which covers an area subject to periodic
flooding or which contains extremely poor drainage facilities and which would make
adequate drainage of the streets and lots difficult or impossible, unless the subdivider agrees
to make improvements which will, in the opinion of the City Engineer, make the area
completely safe for occupancy and provide adequate street and lot drainage.
Standard met. The City Engineer has determined that the site should drain adequately.
5. No plat shall be approved for a subdivision that does not meet the requirements specified
in this chapter.
Standard met.
Subsequent Considerations
Given the significant revisions being offered by the applicant after the Planning Commission meeting,
staff does not support a City Council vote on the proposal at this time. It has long been the City’s
practice not to accept significant changes to a pending proposal in between the Planning Commission
and City Council hearings. This assures that the plans that residents see at the Planning Commission
(and at the Neighborhood Meeting) are the same ones that are considered by the Council. When
changes are proposed by the applicant, the past recommendation from staff has been to ask the
Council to return the item to the Planning Commission for re-evaluation in light of new information.
Recommended Action
Motion to return the proposed subdivision to the Planning Commission for additional evaluation in light of
revisions submitted by the applicant.
City Council Regular Meeting Executive Summary
City of Golden Valley
January 4, 2022
5
Based on the findings above, at the appropriate time staff will recommend approval of the proposed
Preliminary Plan for Subdivision for a portion of 7100 Golden Valley Road (Artessa at Golden Valley)
subject to the following conditions:
1. The applicant shall include on the final plat the dedication of all drainage and utility easements
deemed necessary to meet City Code requirements.
2. A park dedication fee equal to 6% of the land value shall be paid prior to the release of the final plat.
3. The applicant shall provide copies of the shared use access easements/agreements over the Golden
Valley Country Club property for vehicle trips associated with the development onto Country Club
Drive and Golden Valley Road for review by the City.
4. 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 13, 2021 (5 pages)
• Revised Floor Plans dated December 20, 2021 (7 pages)
• Revised Building Elevations dated December 28, 2021 (3 pages)
• Revised Perspectives dated December 23, 2021 (9 pages)
1
Date: December 13, 2021
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Subject: Informal Public Hearing – Preliminary Plan for Subdivision of a Portion of 7001
Golden Valley Road – Artessa
Summary of Request
Artessa Development, LLC, is proposing four planning actions to allow for the development of a
portion of the driving range owned by the Golden Valley Country Club. They are requesting a
change to the Future Land Use Map (from an Institutional use to High Density Residential use), a
change to the Zoning Map (from the Institutional (I‐4) Zoning District to the High Density
Residential (R‐4) Zoning District), a subdivision of the property to create a new lot of approximately
2.35 acres, and a Conditional Use Permit to allow for the construction of a sixth floor on the
proposed senior cooperative building.
Background and Existing Conditions
For details on the background of this subdivision request and the existing conditions of the site
itself, please refer to the accompanying memo on the proposed change in guided land use.
Proposal
The proposed subdivision request would create a new 2.35 acre lot in the southeast corner of the
existing Country Club parcel.
Required Process
Support from the Planning Commission and City Council for this proposal would also necessitate
review and approval from the Metropolitan Council for the change in land use, requiring a delay in
the final vote on the rezoning, the subdivision, and the Conditional Use Permit until the land use
change was approved.
Staff Review
Because the proposed subdivision is not part of a recorded plat or a recorded registered land
survey, it does not qualify as a minor subdivision and therefore must proceed under the more
general subdivision process identified in the City Code (Sec. 109). The applicant has submitted all of
2
the information required to process the request, including a site survey of existing conditions, a
tree inventory, and a preliminary plat (Artessa at Golden Valley).
The proposed lot area is 2.35 acres. If the property were to be rezoned to High Density Residential
(R‐4), as proposed, the minimum lot area requirement of 20,000 square feet would be met. In
addition, the minimum lot with of 150 feet at the front setback line would also be met. Therefore,
the proposed subdivision would meet all dimensional requirements of the zoning district.
In the R‐4 district, the front yard setback is 25 feet and side and rear yard setbacks are 20 feet.
Given the size of the proposed lot, there would be a sufficient building envelope for development.
Current plans indicate a shared private roadway between the Golden Valley Country Club and
future residents in order to access underground parking to the rear of the building. As is typical
when shared arrangements are proposed, staff will require copies of any agreements to ensure
maintenance and other responsibilities are adequately provided for.
Consistent with the requirements of Sec. 109‐167 of the City Code, the City may require a
reasonable portion of the proposed subdivision to be dedicated to the public for public use as a
park, playground, public open space, etc. Alternatively, a park dedication fee may be contributed in
lieu of land. The City’s adopted fee schedule sets this rate at 6% of the current land value. This fee
may only be used for future acquisition of land for other public use, development of existing park
and playground sites, or debt retirement for land previously acquired for such public purposes.
Necessary Transportation Improvements
As identified in Chapter 4 of the City’s 2040 Comprehensive Plan, this area has been identified as a
target location to provide a needed local street connection between Country Club Drive and the
signalized intersection at Douglas Drive:
Country Club Dr/Frontage Rd Extension
As part of the Douglas Dr project, direct access from Country Club Dr to Douglas Dr
north of Hwy 55 was eliminated as a safety improvement. The access was realigned to
operate as a right‐in/right‐out between Country Club Dr and Hwy 55. To improve local
street connectivity, it is desirable to extend Country Club Dr north to join the existing
signalized intersection of Douglas Dr and the North Hwy 55 Frontage Rd east of Douglas
Dr. This would require acquisition of right‐of‐way from the currently vacant site in the
northwest quadrant of Hwy 55 and Douglas Dr. (Golden Valley 2040 Comprehensive
Plan, Chapter 4: Transportation, pages 4‐34 and 4‐35)
This also falls under one of the chapter’s listed implementation actions for Goal 2: Improve the
Functionality and Safety of the Road Network:
“Review redevelopment proposals for opportunities to implement roadway
improvements, monitor traffic impacts, implement access management strategies, and
3
resolve safety deficiencies.” (Golden Valley 2040 Comprehensive Plan, Chapter 4:
Transportation, page 4‐45)
In light of this, Engineering staff have identified the need for right‐of‐way adjacent to this site to be
dedicated in order to provide land for construction of a future public road. Staff considered various
layouts and alternatives, but determined that best option for locating this right‐of‐way is a
north/south segment that would eventually align with an east/west segment being planned for
6300 Olson Memorial Highway.
While no timing or funding for this road have been identified in the City’s 10 year Capital
Improvement Program, staff believes the proposed subdivision provides an opportunity to position
the City to complete this missing piece in the transportation network.
Dedication of land for this future roadway is included as a condition of approval for the final plat.
Given concerns from residents about the limited access to Olson Memorial Highway from this site,
should the subdivision be approved there may be reason to explore the feasibility of a connection
from this location to Douglas Drive on an accelerated timeline. Otherwise, additional analysis of
future proposed developments in the area, such as within the Golden Valley Country Club driving
range, will be needed to determine if the impacts rise to a level that requires completion of the
frontage road.
Additional Department Review
Engineering staff have reviewed the preliminary plat and, in addition to their comments on the
need for right‐of‐way, noted that the following questions or issues would need to be addressed as
part of the permitting process:
• The applicant is proposing to remove 20 mature oak trees (18 are legacy oaks) and
potentially impacting more oaks with the access and retaining wall construction on east
side. The applicant should try to preserve these trees before removing and stepping
through mitigation options discussed in City code. Consider reducing or relocating the
amount of surface parking and adjusting the site and grading plans.
• The applicant must attempt to provide above‐ground multi‐benefit stormwater treatment,
or provide documentation as to why that can’t be achieved.
• Soil borings are needed in the exact locations where infiltration systems are proposed.
• Pervious pavement systems are often placed under parking areas and other low travel and
low vehicle weight areas to reduce sedimentation and chloride accumulation,
maintenance/plowing issues, and ice/freeze conditions. How many trips will be generated
over this system per day? Any large vehicles? Is this pervious pavers or porous asphalt
pavement or other? These systems require regular maintenance with commercial vacuum
equipment. A maintenance agreement would be needed.
• City code requires applicant to minimize runoff to the maximum extent practicable. The
applicant is steepening grades on the east side of the site and discharging and directing
stormwater toward the adjacent property. What are the pre‐ and post‐runoff rates at the
point of discharge? Where is the EOF for the pervious paver system if the CB inlet is blocked
4
and the street overtops? Is there the potential to work with the property owner to the east
on an underground connection? Where does the neighbor’s CB inlet flow to?
• BCWMC plan review and approval is required.
The Fire Department has also reviewed the application and supports the dedication of land
adjacent to the site for a future right‐of‐way in order to improve public safety response times. In
addition, during permitting the applicant will need to confirm the maneuverability of ladder trucks
through the front circle as well as the “T” at the rear of the building.
Review by Three Rivers Park District was provided given the adjacency of their rights‐of‐way to this
property. Minor comments related to construction as it may impact the Luce Line Regional Trail
were provided to staff.
Evaluation of Preliminary Plat
According to Section 109‐67 of the City Code, the following are the regulations governing approval of
preliminary plats for subdivisions:
Factor/Finding
1. The Council may require changes or revisions as it deems necessary for the health, safety,
general welfare, and convenience of the City.
Standard conditionally met. In order to advance the long‐term transportation network concept
included in the 2040 Comprehensive Plan, land must be dedicated for a future public road and
included on the final plat.
2. The approval of a preliminary plat is tentative only, involving only the general acceptability
of the layout as submitted.
Standard met. Staff have reviewed the layout and find it to be generally acceptable.
3. Prior to approval of the preliminary plat by the Council, the engineering proposals
pertaining to water supply, storm drainage, sanitary sewer service, roadway widths, traffic
impacts, and the surfacing of streets shall be approved by the City engineer and other public
officials having jurisdiction.
Standard conditionally met. While the specifics of the site design remain to be fully developed
as part of the submittals for the potential site development, there are no known issues related
to water supply, storm drainage, or sanitary sewer service. Increases in traffic created by this
proposal, while impacting adjacent properties, would not rise to the level of concern with
respect to congestion or roadway condition. Staff are requiring copies of shard access
agreements with the Golden Valley Country Club for review.
4. No plat shall be approved for a subdivision which covers an area subject to periodic
flooding or which contains extremely poor drainage facilities and which would make
adequate drainage of the streets and lots difficult or impossible, unless the subdivider agrees
5
to make improvements which will, in the opinion of the City Engineer, make the area
completely safe for occupancy and provide adequate street and lot drainage.
Standard met. The City Engineer has determined that the site should drain adequately.
5. No plat shall be approved for a subdivision that does not meet the requirements specified
in this chapter.
Standard met.
Recommended Action
Based on the findings above, staff recommends approval of the proposed preliminary plat for a
portion of 7100 Golden Valley Road (Artessa at Golden Valley) subject to the following conditions:
1. The applicant shall work with staff to dedicate land adjacent to the site sufficient to provide
right‐of‐way for a future public road.
2. The applicant shall include on the final plat the dedication of all drainage and utility easements
deemed necessary to meet City Code requirements.
3. A park dedication fee equal to 6% of the land value shall be paid prior to the release of the final
plat.
4. The applicant shall provide copies of the shared use access easements/agreements over the
Golden Valley Country Club property for vehicle trips associated with the development onto
Country Club Drive and Golden Valley Road for review by the City.
5. The City Attorney will determine if a title review is necessary prior to approval of the final plat.
WELLNESS CENTER
1,600 SQ FT.
34,366 SQ FT
UPUPPARKING - 61 CARS
CHARGING
STATION
97,025
S
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=
2.
2
3
A
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19,770
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=
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4
5
A
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S 96,900
SQ
FT
=
2
.224
ACRES
UP
20
10
20
20
4
25
4
Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.UPNGOLDEN VALLEY - PARKING LEVEL B2 PLAN
SCALE: 1/16" = 1'-0"
PROJECT NUMBER 21024
DATE
SHEET NUMBER
SHEET TITLE
CONSULTANTS
REVISIONS
20 JULY 2021
NUMBER DATE DESCRIPTION COUNTRY CLUB DRIVE, GOLDEN VALLEY, MN 55427ARTESSA COOPERATIVEat GOLDEN VALLEY3801 River Ridge Drive NE, Cedar Rapids, IA 52402319.393.9334https://emergentarch.comB2.0
PARKING LEVEL B2
34,366 SQ FT
UPDNUPDNPARKING - 56 CARS
MAKERS SPACE
CHARGING
STATION
UP Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.WELLNESS CENTER
1,600 SQ FT.NGOLDEN VALLEY - PARKING LEVEL B1 PLAN
SCALE: 1/16" = 1'-0"
PROJECT NUMBER 21024
DATE
SHEET NUMBER
SHEET TITLE
CONSULTANTS
REVISIONS
20 JULY 2021
NUMBER DATE DESCRIPTION COUNTRY CLUB DRIVE, GOLDEN VALLEY, MN 55427ARTESSA COOPERATIVEat GOLDEN VALLEY3801 River Ridge Drive NE, Cedar Rapids, IA 52402319.393.9334https://emergentarch.comB1.0
PARKING LEVEL B1
Unit D11,714 SQ FT.32,074 SQ FT UPDNUPDNPARKING - 34 CARSOWNER STORAGE450 SQ FT.OWNER STORAGE1100 SQ FT.97,025
S
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=
2.
2
3
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19,770
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4
5
A
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S 96,900
SQ
FT
=
2
.224
ACRES
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3'
ELEVATI
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17'-0"
ELEVA
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ELEVA
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ELEVAT
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10'-0"
10'-0"
10'-0"
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2
0'
17'-0"
ELEVAT
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1
9'
10'-0"
ELEVATI
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1
1'
17'-0"
ELEVATI
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0
3'
ELEVA
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9
0
5'
ELEVA
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6'
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10'-0"
10'-0"
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0'
10'-0"
10'-0"
16'-6"
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16'-0"
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9
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17'-0"
ELEVA
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9'
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13'-6"
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.
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WALL 9
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WALL 9
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60'-0"
ELEVATI
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9
1
5'
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1
4'
10'-0"
10'-0"
ELEVA
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10'-0"
ELEVATI
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10'-0"
ELEVAT
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2
9'
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1'
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ELEVATI
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9
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9
2
8'
GUEST SUITE
642 SQ FT.
CONCIERGE
696 SQ FT.Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.Unit A1
1,666 SQ FT.
Unit A1
1,666 SQ FT.Unit C11,360 SQ FT.Unit C3
1,422 SQ FT.
Unit C2
1,532 SQ FT.Unit B11,120 SQ FT.COMMON SPACE6,756 SQ FT.UP
DN
COMMON SPACE
1,120 SQ FT.GUEST SUITE570 SQ FT.Unit B.41,668 SQ FT.NGOLDEN VALLEY - FIRST FLOOR PLAN
SCALE: 1/16" = 1'-0"
PROJECT NUMBER 21024
DATE
SHEET NUMBER
SHEET TITLE
CONSULTANTS
REVISIONS
20 JULY 2021
NUMBER DATE DESCRIPTION COUNTRY CLUB DRIVE, GOLDEN VALLEY, MN 55427ARTESSA COOPERATIVEat GOLDEN VALLEY3801 River Ridge Drive NE, Cedar Rapids, IA 52402319.393.9334https://emergentarch.comA1.0
FIRST FLOOR
PLAN
Unit D11,714 SQ FT.32,074 SQ FT
Unit B11,120 SQ FT.Unit B11,120 SQ FT.Unit D11,714 SQ FT.UPDNUPDNOWNER STORAGE450 SQ FT.OWNER STORAGE1100 SQ FT.Unit D41,668 SQ FT.97,025
S
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=
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2
3
A
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S
19,770
S
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F
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=
0.
4
5
A
C
R
E
S 96,900
SQ
FT
=
2
.224
ACRES
UP
DN
COMMON SPACE
1,174 SQ FT.
DWUnit D21,796 SQ FT.Unit C1
1,360 SQ FT.Unit C11,360 SQ FT.Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.Unit C3
1,422 SQ FT.
Unit C2
1,532 SQ FT.
Unit A1
1,666 SQ FT.
Unit A1
1,666 SQ FT.NGOLDEN VALLEY - SECOND LEVEL FLOOR PLAN
SCALE: 1/16" = 1'-0"
PROJECT NUMBER 21024
DATE
SHEET NUMBER
SHEET TITLE
CONSULTANTS
REVISIONS
20 JULY 2021
NUMBER DATE DESCRIPTION COUNTRY CLUB DRIVE, GOLDEN VALLEY, MN 55427ARTESSA COOPERATIVEat GOLDEN VALLEY3801 River Ridge Drive NE, Cedar Rapids, IA 52402319.393.9334https://emergentarch.comA1.1
SECOND FLOOR
PLAN
Unit D11,714 SQ FT.Unit B11,120 SQ FT.Unit B11,120 SQ FT.Unit D11,714 SQ FT.UPDNUPDNUP
DN
UNIT B2
1,302 SQ FT.
Unit A1
1,666 SQ FT.Unit A11,666 SQ FT.OWNER STORAGE450 SQ FT.OWNER STORAGE1100 SQ FT.Unit D41,668 SQ FT.Unit D21,796 SQ FT.Unit C11,360 SQ FT.Unit C1
1,360 SQ FT.Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.Unit C3
1,422 SQ FT.
Unit C2
1,532 SQ FT.Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.32,074 SQ FT
NGOLDEN VALLEY - THIRD FLOOR PLAN
SCALE: 1/16" = 1'-0"
PROJECT NUMBER 21024
DATE
SHEET NUMBER
SHEET TITLE
CONSULTANTS
REVISIONS
20 JULY 2021
NUMBER DATE DESCRIPTION COUNTRY CLUB DRIVE, GOLDEN VALLEY, MN 55427ARTESSA COOPERATIVEat GOLDEN VALLEY3801 River Ridge Drive NE, Cedar Rapids, IA 52402319.393.9334https://emergentarch.comA1.2
THIRD
FLOOR PLAN
Unit D11,714 SQ FT.30,458 SQ FT
Unit B11,120 SQ FT.Unit B11,120 SQ FT.Unit D11,714 SQ FT.UPDNUPDNUP
DN
UNIT B2
1,302 SQ FT.
Unit A1
1,666 SQ FT.Unit A11,666 SQ FT.OWNER STORAGE450 SQ FT.OWNER STORAGE1100 SQ FT.Unit D41,668 SQ FT.Unit D21,796 SQ FT.Unit C11,360 SQ FT.Unit C1
1,360 SQ FT.Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.Unit C3
1,422 SQ FT.
Unit C2
1,532 SQ FT.Unit A31,698 SQ FT.NGOLDEN VALLEY - FOURTH FLOOR PLAN
SCALE: 1/16" = 1'-0"
PROJECT NUMBER 21024
DATE
SHEET NUMBER
SHEET TITLE
CONSULTANTS
REVISIONS
20 JULY 2021
NUMBER DATE DESCRIPTION COUNTRY CLUB DRIVE, GOLDEN VALLEY, MN 55427ARTESSA COOPERATIVEat GOLDEN VALLEY3801 River Ridge Drive NE, Cedar Rapids, IA 52402319.393.9334https://emergentarch.comA1.3
FOURTH
FLOOR PLAN
23,350 SQ FT
Unit B11,120 SQ FT.Unit D11,714 SQ FT.UPDNOWNER STORAGE450 SQ FT.OWNER STORAGE1100 SQ FT.Unit D41,668 SQ FT.Unit C1
1,360 SQ FT.Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.Unit C3
1,422 SQ FT.
Unit C2
1,532 SQ FT.UP
DN
Unit A3
1,698 SQ FT.
97,025
S
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F
T
=
2.
2
3
A
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S
19,770
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F
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=
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4
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A
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SQ
FT
=
2
.224
ACRESUnit D21,796 SQ FT.Unit A31,698 SQ FT.114'-3"119'-10316"GUEST SUITE530 SQ FT.NGOLDEN VALLEY - FIFTH FLOOR PLAN
SCALE: 1/16" = 1'-0"
PROJECT NUMBER 21024
DATE
SHEET NUMBER
SHEET TITLE
CONSULTANTS
REVISIONS
20 JULY 2021
NUMBER DATE DESCRIPTION COUNTRY CLUB DRIVE, GOLDEN VALLEY, MN 55427ARTESSA COOPERATIVEat GOLDEN VALLEY3801 River Ridge Drive NE, Cedar Rapids, IA 52402319.393.9334https://emergentarch.comA1.4
FIFTH
FLOOR PLAN
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Golden Valley City Council Meeting
January 4, 2022
Agenda Item
4. B. 4. Public Hearing – Conditional Use Permit No. 172 to Allow for Additional Height on a Building
located on a Portion of 7001 Golden Valley Road
Prepared By
Jason Zimmerman, Planning Manager
Summary
Artessa Development, LLC, originally proposed four planning actions to allow for the development of a
portion of the driving range owned by the Golden Valley Country Club. They requested a change to the
Future Land Use Map (from an Institutional use to High Density Residential use), a change to the Zoning
Map (from the Institutional (I-4) Zoning District to the High Density Residential (R-4) Zoning District), a
subdivision of the property to create a new lot of approximately 2.35 acres, and a Conditional Use Permit
to allow for the construction of a sixth floor on the proposed senior cooperative building. Subsequently,
revised plans were submitted and the conditional use permit is no longer needed.
At its meeting on December 13, 2021, the Planning Commission voted (6-0) to recommend denial of the
conditional use permit.
Recommended Action
The applicant has modified the proposal and reduced the height of the building. A conditional use permit is
no longer required and the application has been withdrawn. No action is needed by the City Council.
Supporting Documents
• Email dated December 18, 2021, requesting withdrawal (1 page)
December 28, 2021
Good Evening Jason,
Please consider this email as Artessa Development, LLC’s formal withdrawal to our previously submitted
Conditional Use Permit Application related to the Artessa Golden Valley project/site. Based on public
feedback, discussions with both City Staff and representatives of the Golden Valley Country Club, and
significant modifications to the project, we are no longer seeking a 6th floor or a height that would
otherwise be in excess of the R-4 High Density Residential bulk regulations. Thank you!
Best,
Ben Landhauser AICP
Executive Vice President
Main 612.875.2443
Direct 612.875.1618
ben@thislifestyle.com
Written Communications
Received In Support of
Artessa Senior Cooperative
Project located on a Portion
of 7001 Golden Valley Road
December 29, 2021
1014154\309432838.v3
December 8, 2021
Mayor Shep Harris (sharris@goldenvalleymn.gov)
Councilmember Larry Fonnest (lfonnest@goldenvalleymn.gov)
Councilmember Maurice Harris (mharris@goldenvalleymn.gov)
Councilmember Gillian Rosenquist (grosenquist@goldenvalleymn.gov)
Councilmember Kimberly Sanberg (ksanberg@goldenvalleymn.gov)
City of Golden Valley
Golden Valley, Minnesota 55422
VIA EMAIL
Re: Applications of Artessa Development, LLC (“Applicant”) – Future Land Use
Amendment, Zoning Map Amendment, Conditional Use Permit and Subdivision for
Southeastern Corner of 7001 Golden Valley Road (the “Application”)1
Ladies and Gentlemen:
Golden Valley Country Club (“GVCC”), the owner of the property described above,
writes in support of the Applications.
GVCC AND ITS MEMBERS AND EMPLOYEES ARE INTEGRAL TO THE CITY
Sitting on approximately 150 acres, GVCC is the largest private landowner in its
namesake, the City of Golden Valley. GVCC provides dining, golf, and other social and sporting
activities to its members and has served as a community resource and centerpiece of the City of
Golden Valley for over 106 years. GVCC is also one of the City’s most significant employers,
providing employment to approximately 175 fulltime and seasonal staff, many of whom are also
residents of the City.
More than two hundred GVCC members live in Golden Valley, nearly one half of
GVCC’s total membership. A significant number of GVCC’s members also run businesses or
work in Golden Valley. GVCC’s membership has grown substantially over the last four years
and now includes a high percentage of young local families, many of whom reside in the City.
GVCC IS AN ACTIVE COMMUNITY PARTICIPANT
GVCC has a history of supporting the City of Golden Valley and its local organizations.
For many years, GVCC has hosted events for a number of local organizations, such as the
Golden Valley Rotary Club, the Golden Valley Optimist Club, and local schools and churches.
GVCC participates in many community events, ranging from Golden Valley Taste and Tour to
Golden Valley Pride Festival. GVCC frequently donates its memberships, facilities, services, and
funds to support all of these activities.
GVCC supports one of Minnesota’s finest caddie programs. This program gives young
people, approximately 50 girls and boys annually, the opportunity to earn money and gain
1 GVCC requests that this letter be placed in the official record of the proceedings regarding the Application s.
December 8, 2021
Page 2
1014154\309432838.v3
valuable life skills – starting at the age of twelve. GVCC supports the Evans Scholars Program
which helps deserving young caddies who are high achievers with limited financial means attend
the University of Minnesota – with full tuition and housing paid. There have been forty-nine
Evans Scholars alumni who caddied at GVCC and currently eight scholars who caddied at
GVCC are attending this academic year. A great number of GVCC’s Evans Scholars are from
Golden Valley and many have returned to the City after college.
GVCC IS A STEWARD OF THE ENVIRONMENT
GVCC is committed to the environment. GVCC has approximately 135 acres of open
space. GVCC’s property provides food, water and habitat for many types of wildlife. GVCC
plants and maintains blooming annuals, perennials and shrubs, which provide food and habitat
for honey bees, butterflies and hummingbirds. GVCC collaborates with the Bluebird Society to
maintain birdhouses across its property. GVCC has converted significant areas of its property to
naturalized areas. GVCC embraces Bassett Creek, which winds though the property,
maintaining a chemical and fertilizer-free buffer zone along the entire perimeter of the Creek.
GVCC maintains the 1800+ trees on its property. In addition, GVCC’s staff works closely with
the City Forester to identify and promptly remove any diseased trees.
THE CITY ASSISTED WITH THE DEVELOPMENT PLAN
In consultation with City Staff, approximately two years ago GVCC identified a very
small portion of its property (approximately 2.25 out of its approximately 150 acres) located
along Country Club Drive which was not critical to its current or future use (the “Vacant
Parcel”). GVCC marketed the Vacant Parcel to a select group of premier multi-family home
developers. After extensive evaluation, and again in consultation with the City Staff, GVCC
selected Applicant. GVCC and Applicant recently entered into a Purchase Agreement for GVCC
to sell the Vacant Parcel to Applicant.
The Purchase Agreement requires Applicant to develop the Vacant Parcel in accordance
with the attached Site Plan once Applicant receives the necessary approvals from the City. The
Site Plan was developed with extensive input from City Staff. The Site Plan provides for the
construction of ninety-seven (97) cooperative homes in a six (6) story building with ample
underground parking for vehicles and bicycles, with a single entrance on Country Club Drive
and with connections to the adjacent Luce Line Trail. Cooperative homes in the development are
intended for purchase by owners 62 years of age or older. The Purchase Agreement requires that
ten (10) of the homes comply with the City’s Mixed-Income Housing Policy and that the
development meet the strict architectural guidelines and development standards of GVCC.
THE DEVELOPMENT PLAN HAS NEIGHBORHOOD SUPPORT
On December 2, a meeting of the residents of the neighborhood was held at City Hall.
The meeting was well attended by neighbors and a number of other City residents. The
Applicant answered all of the questions posed to it. The development plan received broad
support at the meeting.
December 8, 2021
Page 3
1014154\309432838.v3
THE CITY WILL BENEFIT FROM THE DEVELOPMENT
The benefits of the development to the City of Golden Valley are significant. The
development will continue to improve the immediate neighborhood with ninety-seven (97) new
cooperative homes. The development will bring new families to the City, each of whom will own
their own cooperative home. It will also allow existing residents of the City to transition to this
type of home and remain in Golden Valley rather than to relocate elsewhere. Ten (10) of those
cooperative homes will be made available for purchase at values consistent with 80% of adjusted
median income levels so they align with the City’s Mixed-Income Housing Policy. The
development will be limited to owners 62 years of age or older. These factors all meet the goals
and objectives of the City’s 2040 Comprehensive Plan to provide home ownership opportunities,
senior housing and affordable homes along the Luce Line Trail and within walking distance to
high frequency transit service at Douglas Drive and Highway 55 and to downtown Golden
Valley.
The sale will result in the Vacant Parcel no longer being taxed for property tax purposes
on a “Green Acres” basis. As a result, property taxes for the Vacant Parcel will be increased
from $1,000 annually to an amount in excess of $400,000 annually.2 Moreover, GVCC will
reinvest all of the proceeds from the sale of the Vacant Parcel to Applicant into improvements to
GVCC’s property. This will allow GVCC to: preserve and protect its nearly 150 acres of open
space and natural areas; improve its amenities in order to remain competitive; continue its role in
the City of being a good neighbor, an environmental steward, a top employer, home to hundreds
of the City’s residents, and one of the hallmarks of the City; and continue to pay substantial local
taxes, such as property and sales taxes, the proceeds of which inure to the benefit of the City.
GVCC respectfully requests that you approve the Applications for all of the reasons set
forth in the Applications, the City Staff Reports recommending approval of the Applications and
this letter. GVCC has enjoyed its relationship with the City of Golden Valley for over a century
and looks forward to that relationship continuing for at least another 100 years.
Sincerely,
Board of Directors
Golden Valley Country Club
Melanie Dunleavy, President Tom Conlin, Director
Mark Zeman, Vice President Mike Herring, Director
Shawn Messner, Treasurer Thomas Kozlak, Director
Terri Coopersmith, Secretary Glenn Sansburn, Director
Joe Komarek, Director
Enclosures (Site Plan)
cc with enclosures, via email:
2 At closing, GVCC will also pay the Green Acres tax of approximately $65,000.
December 8, 2021
Page 4
1014154\309432838.v3
Council Member Elect Denise LaMere-Anderson
Commissioner Lauren Pockl
Commissioner Adam Brookins
Commissioner Andy Johnson
Commissioner Rich Baker
Commissioner Sophia Ginis
Commissioner Mike Ruby
Commissioner Chuck Segelbaum
Jason Zimmerman
Myles Campbell
Tim Nichols
Ben Landhauser
1014154\309432838.v3
SITE PLAN
Benefits of the development plan
• The City benefits from new housing which will continue to improve the
immediate neighborhood with 97 new cooperative homes.
• Ten of the cooperative homes will be made available for purchase at values
consistent with 80% of adjusted median income levels to align with the
City’s mixed-income housing policy.
• The development will bring new families to the City.
• The development will allow existing residents of the City to transition to
this type of home and remain in Golden Valley rather than elsewhere.
• New housing for residents over age 62 who want to stay in City but
downsize.
• The development will result in the Vacant Parcel no longer being taxed for
property tax purposes on a “Green Acres” basis. As a result, this will add
$400,000 annually to real estate tax revenues.
• New housing would be accessible to the Luce Line trail and within walking
distance to high frequency transit service at Douglas Drive and Highway 55
and to downtown Golden Valley.
• These factors all meet the goals and objectives of the City’s 2040
Comprehensive Plan to provide home ownership opportunities, senior
housing and affordable homes in Golden Valley.
• GVCC will preserve and protect its nearly 145 acres of open space and
natural areas and continue its role in the City of being a good neighbor.
GVCC is an environmental steward and a top employer for the City of
Golden Valley.
GOLDEN VALLEY COUNTRY CLUB
Good for the City of
Golden Valley
2.25 acre land sale for housing
development at Country Club Drive
Dear City of Golden Valley:
I am a member of Golden Valley Country Club and a tax-paying resident of the City of Golden
Valley for over 35 years (home at 1305 Spring Valley Road, GV). My husband and I joined
GVCC after we moved to this City- not only for the golf, but also because of its down-to-earth,
welcoming atmosphere- one that welcomed men and women, children and people of color. This
is important to us as our children are both adopted from India and we value an inclusive culture.
The Club has continued to increase family activities throughout the years, and we are finding
more young families joining and moving to the City of Golden Valley as a result. In fact, our now
32-year-old son and his fiancé are looking to buy their first home in Golden Valley so they can
be near the Club and its amenities.
I write because Our Club is on the cusp of a terrific opportunity to make a sale of 2.25 acres
which is a small parcel of our 145 acres. This land fronts Country Club Drive and the Luce Line
Trail. We do not need it for the golf course. The buyer is reputable and plans an upscale 97-unit
multi-unit housing cooperative for seniors. The proceeds of this sale will help our Club stay
competitive in the private golf club market. Without it, we could end up lagging behind our
competitors in offerings and amenities, threatening the future of our 106-year-old Club, a fixture
within the City of Golden Valley. Our Club is the single-largest landholder in the City and we
employ 175 persons, many of whom live in Golden Valley. We even employ the youth in the
City, many of whom are employed as caddies or servers at the Club.
Our Club prepared the following Fact Sheet, which I am sharing with you as an attachment. Just
to mention one highlight, the sale of this small parcel will yield a housing development which will
add $400,000 to the City’s property tax base, without losing any environmental attributes of the
Club’s 145 acres.
Please vote in favor of advancing this project. It is good for future of the Club and the City.
Thank you very much.
Sincerely,
Kathleen A. Marron
Dear GV Planning Commissioners,
I am a member of Golden Valley Country Club. Our Club is on the cusp of a terrific opportunity to make a
sale of 2.25 acres which is a small parcel of our 145 acres. This land fronts Country Club Drive and the
Luce Line Trail. We do not need it for the golf course. The buyer is reputable, and plans an upscale 97 -
unit multi-unit housing cooperative for seniors. The proceeds of this sale will help our Club stay
competitive in the private golf club market. Without it, we could end up lagging behind our competitors in
offerings and amenities, threatening the future of our 106-year-old Club, a fixture within the City of Golden
Valley. Our Club is the single-largest landholder in the City and we employ 175 persons, many of whom
live in Golden Valley. We even employ the youth in the City, many of whom are employed as caddies or
servers at the Club. Our Club prepared the following Fact Sheet, which I am sharing with you as an
attachment. Just to mention one highlight, the sale of this small parcel will yield a housing development
which will add $400,000 to the City’s property tax base, without losing any environmental attributes of the
Club’s 145 acres. Please vote in favor of advancing this proj ect. It is good for the Club and good for the
City. Thank you very much.
Sincerely,
Ryan Kingstedt
ryan@kingstedt.com
Hi, I am writing in support of a land sale by Golden Valley Country Club (GVCC) to become part of a
proposed housing development with about 100 new cooperative homes.
First let me introduce myself. My wife and I have lived in Golden Valley for 46 years. I remember the
adjacent large parcel when it was Pako, Tennant and then Optum. It is a shame it has been sitting vacant
for so long. I have served on what was then the Human Rights Commission and also the Bassett Creek
Watershed Management Board. I coached and served on the Board of Golden Valley Girls softball.
I have watched three new developments built near my home across from Lion's Park. Each of them
added families with children to our neighbor and made our community more vibrant. Each of them
added to the city tax base. I understand the proposed development near GVCC will add about $400,000
annually to the tax base. As a resident I certainly like that.
It does much more than that. I remember when Golden Valley Commons was built. A national pharmacy
was being recruited as a tenant. They wanted a drive thru pharmacy window, which is actually quite
common now. The city rejected the concept because they wanted the shopping center to be pedestrian
friendly. Well, the proposed development is within easy walking distance and will be a wonderful source
of additional revenue for Golden Valley merchants. In addition, City Hall, the Post Office and Library are
also within easy walking distance. If GVCC gets some new members that would be terrific too!
I will confess, the land sale will benefit GVCC. It will help us add amenities and keep our club competitive
in a very difficult market. We proudly employ about 175 people, many of whom live in the city. We also
offer wonderful opportunities for youth to have summer jobs as caddies. Many of our caddies have gone
on to receive Evans Scholarships at the University. I have been a member at GVCC for about thirty years
and have made many new friends. I can't begin to estimate how many miles I have walked or how many
golf balls I have hit into the creek.
We have a fact sheet that you will probably receive from other members who write in support of this
land sale. If you don't receive one and want it, let me know. I am trying to make my request a little more
personal. I love the City of Golden Valley. It has been a fabulous community to live and raise our family.
My grandkids now enjoy the same park that their mom played at. Please vote in favor of advancing this
project. I truly believe it is good for the City and GVCC.
Thanks very much for your consideration. I am sorry I am unable to attend the meeting on Thursday.
--
Bob Mayeron
612-868-7227
Dear City of Golden Valley:
I am a member of Golden Valley Country Club [and a resident of the City of Golden Valley]. Our
Club is on the cusp of a terrific opportunity to make a sale of 2.25 acres which is a small parcel
of our 145 acres. This land fronts Country Club Drive and the Luce Line Trail. We do not need
it for the golf course. The buyer is reputable, and plans an upscale 97 -unit multi-unit housing
cooperative for seniors. The proceeds of this sale will help our Club stay competitive in the
private golf club market. Without it, we could end up lagging behind our competitors in
offerings
and amenities, threatening the future of our 106-year-old Club, a fixture within the City of
Golden Valley. Our Club is the single-largest landholder in the City and we employ 175
persons, many of whom live in Golden Valley. We even employ the youth in the City, many of
whom are employed as caddies or servers at the Club.
Our Club prepared the following Fact Sheet, which I am sharing with you as an
attachment. Just to mention one highlight, the sale of this small parcel will yield a housing
development which will add $400,000 to the City’s property tax base, without losing any
environmental attributes of the Club’s 145 acres.
Please vote in favor of advancing this project. It is good for the Club and good for the City.
Thank you very much.
Sincerely,
Carter Rieckhoff
My wife and I have been residents of Golden Valley for 42 years and plan on remaining so. We have
seen many changes over the years.
There have been many residential developments built recently none of which have provided for quality
senior housing.This proposal helps address that need. We both strongly support the proposed sale and
development of the two parcels of the Golden Valley Country Club property. Aside from the potential
tax benefits to the city and the obvious lack of any adverse impact on the area, the addition of senior
housing in that area is extremely attractive and provides an option to retain our senior population. I
urge you all to support this proposal. Thank you.
Sincerely,
N. M. Segal
I am unable to attend tonight’s planning meeting but I would like to provide some feedback.
Understanding the need for adding additional housing in Golden Valley, I would like to propose building
units that can be purchased not just rented.
I think building condominiums vs apartments , for example, would allow first time home buyers to
create roots and grow in the community. It also keeps long time residents looking to downsize in
Golden Valley.
Right now it seems there aren’t a lot of options for these demographics in Golden Valley other than
renting.
Thanks
Chris Mandravelis
612-290-2381
Written Communications
Received In Opposition to
Artessa Senior Cooperative
Project located on a Portion
of 7001 Golden Valley Road
December 29, 2021
Dear Council members,
I immigrated to MN and bought myself a small local home with views not unlike my home Country.
Golden Valley and its open areas of green space reminded me of my home in Scotland. The proposal and
approval of a Conditional Use Permit to build a 6-story building would be a blight on the historic Golden
Valley landscape.
A little history on my 105 year old home and the vicinity. I have the abstract of title for my land and the
surrounding land dated 1856 to the public from the United States. The Varner’s are the founders of
Golden Valley and there are 6 pages of Varner’s on the abstract title. (see image attached, I donated a
copy to the GV History Society). William H Varner is quoted in the Country Club book ‘A century of
Excellence,’ that he looked from the hill (current Country club location) at the valley covered in golden
daffodils and said, “my valley, my Golden Valley” and so this beautiful area became known. The valley
view would be obstructed for everyone by a 6-story development.
The little house I currently live in was built in 1917 to provide a home for the greenkeeper. The proposal
of a 6-story development is more than double what currently exists for commercial buildings in our area,
is less than 500 feet away and would dwarf my home. My neighbors and I work from home and 16
months to two years of construction noise would be an issue for all of us.
When I moved here, I felt a great sense of pride in Golden Valley’s beautiful green spaces (albeit mostly
private land across from me) and majestic oaks. Not two weeks after I moved in, the majestic oaks on
Country Club were cut down to create a bike path, build a couple of tennis courts and add a chain link
fence. Now a developer is proposing the views be further blighted by an unimaginative 6-story building
that looks like the storage unit that was built in the industrial park. Why would this proposal be
considered in this historic neighborhood when no other building in the vicinity is more than 2 or 3
stories above ground and would destroy the many majestic old oaks that Golden Valley is known for?
We are supposed to be preserving our green spaces as a “green step” city.
My understanding is that the proposal would provide nearly 100 apartments for people 62 or older with
nearly 200 parking spaces and ranging in value from $300-$800K. A quick google search states that
Golden Valley and surrounding areas have over 80 of such facilities.
The target demographic for the apartments is retirees who golf. The club members in attendance at the
public meeting made it clear that the co-op would attract 80+ new members, which leads me to believe
this property will be for 'snowbird' golf club members only. The developer is also working closely with
the Country Club and ensuring there is no inconvenience to members but not providing the same
courtesy to the families who live on Country Club Dr.
As for the proposed entry and exit points of this proposal on to Country Club Drive, we only just
reclaimed the street with the access from Douglas Street minimized. This does not prevent people
accessing Country Club Drive from HWY 55 and using the street as a speedway putting the children and
pets living on the street at great risk (I lost a pet to a speeding car that did not stop). Adding an
additional 200 cars is very concerning to the families on Country Club Dr. It is also a concern that a traffic
study would not be done. A city engineer is quoted as saying "With the number of units being proposed,
and the typical number of trips per day generated by a senior building, there is no concern that it would
unreasonably increase congestion”. I respectfully disagree, the developer stated numerous times that
this would be a very active community of members. The exit from Country club to Rhode Island or 55 is
already challenging and common-sense states that 200 parking spaces mean 200 cars unless the
proposal suggests the seniors would walk to the nearby post office and local businesses?
While I am not opposed to the development of apartments, especially in the Optum location, I am
opposed to the proposed application for the conditional use permit on Country Club Drive and access
points, the destruction of the topography and oaks in Golden Valley. Please also keep in mind the
proposed future development of the UHG property and it’s impacts to residents. I hope to have your
support.
Kind regards,
Suzanne Forward
6745 Country Club Dr
Reference: https://www.goldenvalleycountryclub.com/our-club/history
Concern about New Housing Complex on Country Club Drive
December 8, 2021
Greetings GV Council Members,
I’m writing to express opposition to the proposed development of the six-story senior living complex
slated to be built on Country Club Drive. Main concerns are:
• Increased volume of traffic on Country Club Drive
• Loss of green space and old-growth trees
• Height of building
The increased traffic on Country Club Drive resulting from a hundred or so new neighbors would bring a
higher risk of accidents involving children at play and animals of all kinds. The lack of traffic congestion
and noise it brings is one of the reasons the Country Club Drive stretch is so attractive.
Speaking for my wife and me, we are more than familiar with our neighbors and folks living in this area.
We often find ourselves meeting and welcoming new comers to the neighborhood too. We boast of how
cool it is to live here because of the serenity and safety of the area, and folks are quick to agree of the
advantages of this area not being a crowded neighborhood. A popular topic of conversation is that
Golden Valley is a pet friendly neighborhood. Many people have cats and dogs, and care for them
responsibly. However, sometimes pets accidentally get free of their yards and run in to the streets.
Because of this, it is a comfort to know there is very little traffic on and around Country Club Drive.
Another reason this section of Golden Valley is so attractive is the green space and abundance of old-
growth trees. It is not block after block of rows of living units on a grid. The lack of apartment and
condominium complexes is a major draw to the neighborhood. Golden Valley houses have large yards
and gardens with majestic oaks, maples and elms. The Country Club and golf green features and
maintains beautiful wide-open landscapes that attract a variety of birds and other wildlife, not to
mention the golfers and other people from all over the Twin Cities who are attracted to the Country
Club’s year-round events.
The length of Country Club Drive, from the water tower in downtown Golden Valley to Douglas currently
only has one building higher than three stories. The proposed six story complex would be out of place.
The vast majority of this stretch consists of houses with spacious yards, and not cubicles stacked six
stories high.
This all makes for an attractive and peaceful place to live. A neighborhood we would like to preserve just
the way it is.
My sincere thanks for your time and attention,
Malcolm Forward
December 8, 2021
Stephen M. Tatzmann
555 Varner Cir N
Golden Valley, MN 55427
Golden Valley Planning Department, Jason Zimmerman
Council Members - Fonnest, Harris, Rosenquist and Sanberg
Mayor Shep Harris
7800 Golden Valley Rd
Golden Valley, MN 55247
RE: Concerning Development at Golden Valley Country Club
“They will need to evolve and at times transcend tradition to survive in the decades to come.”
This was an assertion published in an article by Forbes magazine in November of 2020, entitled “The
Country Club of the Future.”
It is my opinion, Golden Valley Country Club (the Club), in seeking to parcel off parts of its land
in both the northwest and southeast corners of the property, is neither evolving nor transcending in order
to meet financial demands. Rather, it is asking the neighboring community to absorb a burden to keep it
financially secure, so the Club may continue to conduct business as usual.
I have lived at 555 Varner Cir N for five years as of this New Year’s Eve. My property is less than
250ft from the southern border of the Club. Not once in those five years have I received a neighborly
mailer from the Club, one of the city’s largest land owners. I’ve never received an invitation to attend an
open house or been invited by a member to tour its facilities. Every year, Schuller’s Tavern donates a keg
of beer to to our Neighborhood Night Out. I’ve personally never seen a representative of the Club there.
Regularly, especially during the summer, the Club will host events that can be clearly heard from my
property, running as late as 1 am. When my neighbors host events at their homes, they’ll drop a note in
my box a day or two before to let me know and request that I contact them if they’re too loud.
Golden Valley Country Club is NOT a “good neighbor”.
I enjoy the greenspace the Club provides, juxtaposed to the constant hum of Highway 55 that is
visible from my front door. I don’t have issues with the game of golf, but I don’t like being asked to
inconvenience myself and my neighbors to contribute to the affluence of a private organization.
When neighbors of mine asked the developers at last week’s neighborhood meeting if we would
be impacted by construction while the new six-story building is being built, they scoffed and said “no”.
Currently, when the Club has large events, we routinely find overflow parking spilling out onto Jersey
Avenue - a street I am currently using to teach my four-year-old daughter how to ride her bike. Why am I
not to expect construction laborers to be parked there as well?
Many of my neighbors are very concerned about the traffic impact of the new development.
Jason Zimmerman and the developers have been quick to dismiss traffic concerns, saying a study isn’t
necessary and that residents of the development, due to their demographic, will not be traveling at peak
hours of the day, so there isn’t a need to do a traffic study. Anyone who routinely turns south onto Rhode
Island Avenue from Country Club Drive, as I do, can tell you that intersection is already awkward at best,
anytime of the day, but particularly hours when the post office is open.
Removing old growth oak trees to make way for a 72-foot building facade also does not seem to
keep with the city’s green initiatives or being neighborly to surrounding landowners who’s homes pre-
date the Club. There are plenty of vacant lots able to be developed for high-density residential use that
don’t require the removal of existing trees species. I, for one, am completely on board with the rumor I
have heard stating the city wants the United Health Group property to be parceled for mixed retail and
residential use.
Moreover, when I asked Jason Zimmerman at the neighborhood meeting, what’s to stop the Club
from continuing to piecemeal its land asset, Mr. Zimmerman replied that he didn’t think it was a concern
because, “unless they start cutting into greens” he didn’t see that there was much more land to give. The
conclusion of the Forbes article I cited at the beginning of this letter, was that the “Country Club of the
Future” is virtual. Meaning online. Meaning the Club will not have a need for greens in the future. If you
don’t think this is possible, please see this November 30th Twitter post from the Club referencing its new
golf simulator and how much the members “are loving it”.
Golden Valley Country Club needs to evolve and transcend, instead of inflicting the burden of its
financial needs on its neighbors.
Thank you, I appreciate your time and consideration of this matter.
Sincerely,
Stephen M. Tatzmann
555 Varner Cir N
Golden Valley, MN 55427
stevetatz@protonmail.com
Golden Valley City Hall, attn: Council Member Gillian Rosenquist
7800 Golden Valley Road
Golden Valley, MN
55427
Dear Council Member Rosenquist,
We’re writing you to express our reservations with the six-story residential complex being proposed by
Artessa Development, LLC on Country Club Drive. We live just two doors down from the proposed site.
While we are new homeowners in the neighborhood, we think we will be among the most impacted by
the decisions being made and hope this letter is considered with that in mind.
Firstly, it’s worth noting that we’re not opposed to the development in general. We do see value in
adding senior housing to Golden Valley. Maybe even in that spot. Our top concerns, however, are the
impact on traffic and safety on Country Club Drive and Highway 55, the lack of affordable units in the
building, and the height of the building.
We think that the residents of the area deserve to have a traffic study conducted. Congestion will
certainly increase, the impact of which is unclear. More importantly, we think it will potentially cause
unsafe driving conditions at the intersection of Highway 55 and Douglas Drive, and the intersection of
Highway 55 and Glendale because you are unable to go Eastbound on Highway 55 from Country Club
Drive.
Many of our neighbors have taken issue with the increased traffic this project would add to Rhode Island
Avenue from new residents trying to access Highway 55. However, we’ve observed that from where we
live on the East side of Country Club Drive—including at the site of this proposed development—drivers
looking to go Eastbound on Highway 55 are instructed by GPS to go West on 55 and make a U-turn at
Glendale Avenue. With the high speed on 55, this is already a hazardous route, and increasing U-turns at
that intersection could increase crashes.
Also, turning onto Country Club Drive from 55 requires you to signal your lane change through the
Douglas Drive intersection and quickly decelerate. The turn lane is very short, the distance between the
intersection and the turn lane is short, and you’re travelling at highway speeds. Increasing the amount
of traffic on that turn would unquestionably cause unsafe conditions at the intersection with Douglas
Drive.
At their presentation, the developers provided anecdotal reassurances that it would all be fine, but
they’ve got too much skin in the game to be considered trustworthy sources of information. They were
also flippant and dismissive when addressing people’s concerns. A traffic study should be conducted to
give the residents in the area something more concrete and unbiased. We also think this whole traffic
issue could easily be remedied if the entrance and exit was on Golden Valley Road, which would be
safer. Additionally, Golden Valley Road is larger and has better access to the rest of the city’s
infrastructure.
Our next concern is the affordability of the units. The developers highlighted two affordable housing
units per floor. At a time when we have an affordable housing crisis, do we really need more luxury
condos that have the bare minimum of affordable units? We’re deeply disappointed that lower income
residents of the area are being left in the cold while this building expressly caters to people who are
currently housed but want to downsize. We would much rather see something that shelters unhoused
people than wealthy, stably housed residents of the city. It feels like a very lucrative endeavor for the
country club and the developers without considering the needs of everyday residents in the area.
Lastly, the building is too tall for this area and would dwarf any other building nearby. Even limiting to
five stories would be a great improvement. We would also encourage you to look critically at the visual
design of the building. This might be a small thing, but in an area full of historic homes, the new
development design is, for lack of a better word, busy and kind of ugly.
We implore you to push back against this development and question if it’s the best thing for the people
who live in the area. I was very disappointed that no representative from the country club was present
at the developer’s presentation. It seems like they want to reap the benefits of this development while
pushing the downsides, particularly the traffic and unsightly, large size of the building, onto their
neighbors.
Thank you for your consideration, and we look forward to seeing you at the upcoming planning
commission meeting.
Respectfully,
Bob Plantenberg & Tara Bannow
6809 Country Club Drive
Golden Valley, MN 55427
763-227-3809 & 319-471-0119
Hello,
I believe Golden Valley has a pretty good grasp of what is good for the community as a whole. I also
understand that change is inevitable and change in the Douglas Drive Corridor is almost certain to
happen. The redevelopment and potential development of the properties on the south end and how
they are handled are being watched by many residents and not just in the immediate neighborhood.
My concerns for the Artessa project:
• The developer repeatedly describes potential tenants as “very active”. Traffic flow is already
awkward, if not dangerous at times, in the proposed development area(s). To go east from the
east end of Country Club Drive you have to make a dangerous U-turn on Highway 55. U-turns
are rarely recommended on highways and I personally am lucky to be alive after an Uber ride
that almost killed me. The alternative is to drive .75 miles westward on Country Club to join
Rhode Island. At this location there are probably six or more uncontrolled traffic access points
from parking lots and streets within one block. There is no traffic light where Country Club feeds
onto Rhode Island and increased traffic from Country Club will only aggravate the situation.
• Since the area is currently designated a green space, I would hope they can save many of the
trees on the project property.
• The height of the proposed Artessa development is not in keeping with the surrounding area.
• Feedback from the country club does not appear to offer much in the way of compromise.
Selling a slightly larger parcel could possibly allow the footprint to expand slightly and keep the
Artessa project to five levels. Access to Douglas Drive could alleviate traffic issues. However, it
seems the country club wants to have it all their way.
The Golden Valley Country Club does not support the connection (to Douglas Drive). In a letter to the
city, General Manager Don Kovacovich said he supported the project to redevelop the property (Optum)
as long as it didn't include changes to Country Club Drive. “We feel any road would have a negative
impact to our members, the playability of our golf course, and financially due to the cost of additional
netting needed to protect a road,” Kovacovich said.
I’ll bet that netting is wicked expensive! If the country club truly cannot afford to buy netting, I would
think they would be more willing to compromise on Country Club Drive connecting to Douglas Drive.
They might also have to reassess how the club has handled their financial matters including building
their $21.7 million clubhouse (calculated in today’s dollars).
Please work toward a compromise that will be beneficial to more of Golden Valley. Compromise might
save this project, but if not, there will be other opportunities. Golden Valley is a gem of a city in a very
attractive location. The city will continue to attract development partners willing to compromise and
work on suitable projects that will be complementary to the city and the surrounding neighborhoods.
Best Regards,
Corby Harty
Respected City Council Members,
I chose Golden Valley as my home 2.5 years ago after living and working downtown Mpls for 25 years.
After looking at many areas there were specific reasons for choosing Golden Valley; the strong sense of
community, the amazing green space filled with 100 + year old trees, walking and bike paths, culture and
the safety of small town living along with the convenience of being a quick commute from downtown. I
continue to be charmed by the neighbors, residents and the community’s strong sense of pride, watching
out for each other doing what’s best for the city and supporting each other.
Many of the reasons why I chose Golden Valley are now at risk with the proposed six story Country Club
development. I understand that change is constant and the Golden Valley Country Club has every right to
sell their property, however what has been proposed is not in the best interest of this community and poses
the following risks.
1) Safety - will be compromised for all walkers, bikers and drivers if the Country Club does not offer
alternative and viable ways to travel to and from the proposed development site during
construction, and will continue to increase once the new residen ts move in. Country Club Drive is
already very busy, and traffic moves through quickly and can get easily congested. The proposed
development could potentially increase beyond 200 + more residents using this road at any given
time, and even walking to the city center can become treacherous for everyone. The developer
advised the residents will be “very active” at 62 + community so traffic increases are a given.
Additional Considerations:
• Access to HWY 55 is currently limited to two travel routes from Varner Circle and the surrounding
area, and is not easily accessible from Country Club Drive. The intersections are already
dangerous with cross traffic entering from multiple directions. We need alternative options for travel
to open up Douglas or the Country Club can open their club entrance to Golden Valley Drive.
• The amount of time to commute downtown and anywhere else will increase and not be efficient or
convenient as the highway and roads are not set up for the traffic increases and flow as they now
exist.
• We’re currently living in a pandemic where many of us work from home and will continue to do so
once we get to the other side. Traffic will only continue to increase, when residents start commuting
to work again and poses greater risk and safety concerns.
2) Preservation and integrity of the AMAZING landscape 100+ year trees that make Golden Valley so
distinctly unique and beautiful. If those trees are removed it negatively impacts the landscape and the
integrity of what makes GV so special and rich in its heritage.
• Where will the displaced wildlife will go that reside amongst us and surrounding the country club if
their environment is replaced by the proposed by this out of compliance proposed development?
• After a friend visited earlier this year, he immediately started his search for a home in Golden
Valley and moved here because of the green space and historical beauty. If we don’t preserve this
we will lose the integrity of our community and its history
3) Rezoning - to accommodate a 6 story development also compromises the integrity of area’s landscape
and community, especially after seeing the proposed design. It would be my hope that they design housing
to complement and enhance the golf course and residential areas.
• Instead of the proposed rezoning, it would make sense to meet the city’s current zoning
compliance requirements and build out instead of up, to make it financially feasible for the
Developer. The Country Club has more land they could sell to then meet current zoning
requirements.
• There are many other areas for lease and for sale on Douglas that could be redeveloped, and
close to the golf course which could meet the Developers needs while preserving the area.
4) Trust and Transparency – This entire situation was poorly communicated and managed. We received a
notice addressed to “resident” regarding the proposed rezoning of our residence and neighborhood, without
receiving any other details, and left to wonder why. We live within 500 feet of the Country Club and never
received anything from the Country Club, the developer or the city advising “why” or “who” was proposed
change. It concerns me that this has happened so quickly with such little disregard for the community.
• The Country Club stands to gain everything, while little to no consideration has been given to the
residents who have much to lose and yet, during the middle of a pandemic. However, it appears
that a great deal of consideration has been given to the Country Club members to make sure their
golf games, parties, swim and tennis time and all of the rest of their “play-time” is not disrupted
over the next few years as the developer outlined clearly. I’ve yet to understand the benefit to the
community as the Developer insisted as their current plans exist.
For the reasons mentioned above and more, it is my hope that the Planning Committee and the City
Council will do what’s right for the community by denying the proposed zoning approval for the Country
Club development. Please give consideration to other viable solutions that will be nefit the entire community
beyond the Country Club’s financial gains. It is my hope that the country club as well as the community can
thrive together, and that the focus shifts to how we can protect and maintain the safety for all who live and
spend here, while preserving the integrity of our homes, neighborhoods, Country Club and and the land
around us.
Change is inevitable but I ask that you hear our voices in the Varner, Schuller and Country Club
neighborhoods to make the right decisions for the entire community, and preserve the legacy that the
Varner and Schuller ancestors that left us all to protect.
Respectfully and Sincerely,
Blythe Stillwell
bwellstill@gmail.com
521 Varner Circle
612.695.8350
Dear Golden Valley City Council Members and Planning Commissioner Zimmerman:
I am aware that Golden Valley needs good quality, affordable housing and I support that goal. The
proposed senior apartment does not really fulfill that objective, however, with only ten "affordable"
units.
In addition, my deep concern about the proposed project is the traffic congestion it will bring to a
peaceful, nature-filled neighborhood. With the Montessori School, Highway 55 and Douglass Drive, and
Perpich Arts High School all concentrated in that area, I worry about traffic accidents and increased
pollution from vehicles.
Finally, that area of land is where Golden Valley got its start. It seems to me we should honor what
remains of the natural setting and the history of our city in some way other than having a large
apartment plunked there.
I don't want to be a NIMBY but it seems to me there are much better places to put a six-story
apartment.
Thanks for your attention.
Sincerely,
Margaret R. Beegle
550 Varner Circle North
Golden Valley, MN 55427
(763) 542-1860
Dear Golden Valley City Council,
I have lived in Golden Valley on Country Club Drive for over 33 years. Over the years I
have seen a lot of changes in Golden Valley. The current proposal for the Country Club
Driving range is one that should not happen.
I am surprised to hear that the Golden Valley CC is having financial difficulties.
Especially when the parking lot is pretty full nd there is a lot of golfers on the course. I
do not feel the design is something that would fit in the Schuller neighborhood. The level
of traffic would increase and there would be more traffic outside of rush hour. I think the
Country club should sell the land so it would be included in a residential development of
the Optum property. The access would be off Douglas. Which would not affect the
current traffic.
Sincerely
Chuck Fox
Good morning,
I am writing to express my concerns regarding the proposed condo building on the current GVCC driving
range.
My husband and I and our 2 children live on Country Club Drive. We initially purchased our
home assuming the country club would be there forever and we’d never have to worry about
additional neighbors across the street. We never fathomed the club would start parceling off
their land and selling to developers.
We strongly oppose another condo complex in the area, especially if the entrance were to be on
Country Club Drive. We are very concerned about the significant increase in traffic on our little
neighborhood streets and disappointed at the thought of the proposed giant eye sore in place of
the current green space. It would be such a shame to destroy the century old trees and rolling
green space to be replaced with a building that looks like a storage unit or hospital. A smaller 2-
3 story, more visually appealing complex that would compliment the old world charm of the
club’s exterior would be a much more suitable alternative for the neighborhood and location,
especially if accessed via Douglas Dr or the country club driveway and out to Golden Valley Rd
with no entrance on Country Club Dr.
Thank you,
Jessica Scheff
7111 Country Club Drive
To whom it concerns:
As a member of the community with a young child and another arriving shortly, it is of great concern that
traffic will be increasing on Country Club Drive. The design to enter the road is already poor at best, and
encourages a dangerous speed when exiting Highway 55. This happens to be right at the entrance to a
Montessori school, where parents are constantly entering and exiting with their
young children. There are also multiple businesses along Country Club Drive that serve as medical
rehabilitation homes. The residents there deserve a safe place to access the sidewalks and cross to utilize
the Luce Line Trail safely, since the city has already neglected any cautionary signs or crosswalks. Many
buses also stop at these homes to collect patrons, which require substantial loading time due to the type
of services each patron requires. Having traffic that will enter the oncoming lanes of traffic in an area to
pass these buses is reckless. It also happens to be at an area that contai ns a hill which limits visibility of
drivers in both directions. (Near the intersection of Jersey Ave N and Country Club Drive) Along with the
constant pedestrian traffic on both sides of Country Club Drive, additional traffic entering and exiting this
substantial proposed parking lot creates a recipe for disaster. Especially if the city continues to neglect the
safety of its pedestrians, bicyclists, and drivers in this area. Not to mention bringing in vendors and other
drivers unfamiliar with the area who
are crossing over a regional public trail to enter this property every single time the proposed parking area
is utilized.
I doubt that by adding traffic on such narrow lane roads with heavy pedestrian traffic on both sides is the
proper or responsible decision to be made. I encourage the council to examine the safety of all who use
this area rather than those who are looking to gain financially.
Thank you for your attention to this matter of safety for the citizens of our neighborhood.
Hannah Thacker
Homeowner
537 Jersey Ave N Golden Valley, MN 55427
(828) 612-1505
Attention: Golden Valley Neighbors.
The Country Club is selling the driving range land to a developer proposing a
6-story apartment building with 192 parking spots. Access will be via Country
Club Drive. If approved this will cause lots of heavy equipment going up and
down Country Club Drive and possibly adding up to 200 or more cars traveling
this route. If you disapprove of the proposal to change the land use and
zoning of the property from institutional to high density residential and the
request for a Conditional Use Permit to construct a 6th floor, please sign the
attached petition.
Please also attend the Informal Planning Commission Meeting at City
Hall on December 13th at 7pm and let your thoughts be known.
COMMENTS
• Kenneth Surbaugh
Dec 09, 2021
The proposed development does not reflect the character of the existing
neighborhood. The driving range and adjacent golf course provides for the
preservation of open space that gives the community an identity. A large residential
complex would change the character of the neighbor with increased traffic and higher
density housing is not a use that fits with the existing low density housing and small
business. Please maintain the natural integrity of the neighborhood by rejecting this
proposal.
• Kimberly Surbaugh
Dec 08, 2021
Country club drive is not adequate to handle this amount of traffic.
• Ken walz
Dec 08, 2021
Forever change the solitude of this neighborhood
• Kay Schroeder
Dec 08, 2021
Height of building is not in keeping with the surroundings and traffic will be a concern
• Jeff S
Dec 08, 2021
We have enough apartments in the city as it is. Put single family homes or even
townhomes in that space versus some six story eyesore.
• Kris anderson
Dec 08, 2021
Main concerns here are traffic issues on Country Club drive not only during
construction but moving forward. Any construction here must include through road to
Douglas to divert much of this directly to 55 or north.
• Esther Villeneuve
Dec 08, 2021
Too big of a development for the proposed location.
• Anonymous
Dec 08, 2021
This plan will dramatically change the character of this quiet neighborhood and our
experience living near it as a resident will be negatively impacted. I strongly oppose
this plan.
• Anonymous
Dec 07, 2021
Traffic concern on Country Club Drive!
• Anne Melendez
Dec 07, 2021
NO - too many reasons to list
• Marcia Anderson
Dec 06, 2021
I oppose the height and massive scale of this proposed development in a residential
neighborhood. It will dwarf nearby homes. It will destroy trees and loom over trees
remaining, becoming an eyesore and an environmental deficit.. It should not be
granted a zoning change.
• Hannah Thacker
Dec 06, 2021
As a member of the community with a young child and another arriving shortly, it is of
great concern that traffic will be increasing on this road. The design to enter the road
is already poor at best, and encourages a dangerous speed when exiting Highway 55.
There are also multiple businesses along Country Club Drive that serve as medical
rehabilitation homes. The residents there deserve a safe place to access the
sidewalks and cross to utilize the Luce Line Trail safely, since the city has already
neglected any cautionary signs or crosswalks. I doubt that by adding traffic on such
narrow lane roads with heavy pedestrian traffic on both sides is the proper or
responsible decision to be made.
• Chuck Gox
Dec 06, 2021
I am surprised to hear that the Golden Valley CC is having financial difficulties.
Especially when the parking lot is pretty full nd there is a lot of golfers on the course. I
do not feel the design is something that would fit in the Schuller neighborhood. The
level of traffic would increase and there would be more traffic outside of rush hour. I
think the Country club should sell the land an make it part of the development of the
Optum property. The access would be off Douglas. Which would bot affect the traffic.
• Hiebert Cate
Dec 05, 2021
This kind of stuff is one of the reasons we moved a year or so ago. This council will do
anything to turn a buck...even go against the city plan they requisitioned 18 months
ago
• Laura Monson
Dec 05, 2021
We do not need this. We need trees and the green space.
• Suzanne Forward
Dec 04, 2021
A point I neglected to mention, I am also self employed and work from home and
worry about the construction noise. My neighbor, a journalist works from home, their
immediate neighbors are teachers who work from home. I would like to see potential
noise studies done for our 100 year old homes in a neighborhood of people who
currently work from home due to, and before Covid.
• Joel Sather
Dec 03, 2021
Now that I'm working from home, any additional noise on Country Club Drive would be
very disruptive.
• Todd Gaglione
Dec 02, 2021
This is a very peaceful residential homeowner/family neighborhood, and one of the
biggest reasons to reside in this area is because of the neighborhood being as such.
A 6 story apartment building would absolutely destroy this area. Build some small
homes or townhomes instead...or better yet keep as is and sell historical golf course
to another golf company as they tried to a few years ago...
• Jessica Scheff
Dec 02, 2021
My husband and I and our 2 children live on Country Club Drive. We strongly oppose
another apartment complex or condo complex in the area, especially if the entrance
were to be on Country Club Drive. We are very concerned about the increase in traffic
on our little neighborhood streets and disappointed at the thought of the proposed
giant eye sore in place of the current green space. A charming 2-story townhome
complex, similar to the nearby units on Golden Valley Rd, would be a much more
suitable alternative for the neighborhood and location, especially if accessed via
Douglas Dr with no entrance on Country Club Dr.
• Mike
Dec 01, 2021
Too BIG!
• Robin Scholer
Dec 01, 2021
I am opposed to yet another condo/apartment building adding more people and more
traffic. We need more green space.
• Corby Harty
Nov 26, 2021
Traffic access in this area is already challenging. Difficult to access eastbound Hwy 55
and no Hwy 55 access from the north side of Glenwood. Will changes to the traffic
pattern be made?
• Suzanne Forward
Nov 24, 2021
I am concerned as more young families move into this area that children are at risk.
Country Club is already a speedway being a long straight and very dark road. The
police also use it to catch up to and cut off speeders on 55 at night. I lost a pet to a
speeding car that did not stop, imagine that was a child. I also do not think a 6 story
building is appropriate for the area, no other building close is that high and it will be a
blight on our skyline much like that monstrosity of a storage unit across Douglas. Keep
everything 2 stories high at most.
• Harmony Bennett
Nov 24, 2021
This would drastically change our peaceful neighborhood. A townhome development
would be much preferred. To add that many vehicles to Country Club is not a good
thing.
• Margaret Beegle
Nov 24, 2021
It is an ill-conceived plan to put a large complex right by Highway 55 and Douglas
Drive. The congestion would be a huge problem.
• Chuck Gox
Nov 23, 2021
I live on Country Club Drive. There is enough traffic, we don't need any more!
• Stephen Tatzmann
Nov 23, 2021
Until the Country Club begins acting like a member of the community, as opposed to
an elitist enclave, I, as a resident of Golden Valley, and neighbor of the property, am
inclined to voice opposition to any further development of the property. In the five
years I have lived on Varner Circle, I have not once been approached by the Club or
any of its members to join or even view its facilities. All I know of the Club is the sign
at its entrance which tells me not to trespass and the loud events that can regularly be
heard after 10pm from my back porch. Furthermore, as I live 250 feet from the Club
property, I would like to know why I wasn’t informed by either the city or Club of them
parceling off their property both in the location in question and in the northwest area of
the property.
SIGNATURES
• Karen ReevesUnited States
• Kenneth SurbaughUnited States
• Kimberly SurbaughUnited States
• Ken walzUnited States
• Kay SchroederUnited States
• Christine GuentherUnited States
• David HansonUnited States
• Garrett HartyUnited States
• Jeff SUnited States
• Kurt AndersonBahamas
• Kris andersonBahamas
• barbara prindleUnited States
• Esther VilleneuveUnited States
• Midge Putzke DockenUnited States
• Emily Tinawi-HarkinsUnited States
• Christy EversonUnited States
• Sarah SchulteUnited States
• Melissa CaulfieldUnited States
• Anne MelendezUnited States
• Marcia AndersonUnited States
• Hannah ThackerUnited States
• Kait ThackerUnited States
• Hiebert CateUnited States
• Laura MonsonUnited States
• Joel SatherUnited States
• Barrie leeUnited States
• Todd GaglioneUnited States
• Aaron KorusUnited States
• MikeCanada
• Robin ScholerUnited States
• Andrea KarlenUnited States
• Jeanne WoolcottUnited States
• Corby HartyUnited States
• Harmony BennettUnited States
• Margaret BeegleUnited States
• Heidi McCallisterUnited States
• Marcie WeslockUnited States
• Robert PlantenbergUnited States
• Heather SelsethUnited States
• Rod VirnigUnited States
• Tara BannowUnited States
• MALCOLM FORWARDUnited States
• James FournierUnited States
• Ben HarkinsUnited States
• Blythe StillwellUnited States
• Chuck GoxUnited States
• Stephen TatzmannUnited States
• Debbie EricksonUnited States
• Stuart LeeUnited States
• Josh ScheffUnited States
• Jessica ScheffUnited States
• Suzanne ForwardUnited States
Golden Valley City Council Meeting
January 4, 2022
Agenda Item
6. A. Second Consideration of Ordinance No. 730 Amending City Code Chapter 103 authorizing the City
to complete Plumbing Plan Review
Prepared By
Dan Anderson, Building Official
Marc Nevinski, Physical Development Director
Summary
City Code Chapter 103-1 establishes the adoption by reference of the State Building Code for
enforcement by the City, and also sets forth local building related standards. Following a recent review
of Chapter 103-1, the Building Official is recommending a modification to the code authorizing the
Inspections Division staff to perform plumbing plan reviews.
When builders and contractors submit building permit applications, Inspections staff review building
plans for compliance with the building code prior to issuing permits. Currently, nearly all projects,
other than single family homes, must submit plumbing plans for review and approval to the Minnesota
Department of Labor and Industry. This adds considerable time to the permitting process. Bringing
plumbing plan review in-house will allow the City to provide a greater service to applicants without the
wait times that come with submittals to the State for review. The first consideration was approved by
the City Council on December 21, 2021.
Inspections staff have received pre-delegation approval from the Minnesota Department of Labor and
Industry to review commercial plumbing plans, and has the training and licensure required to complete
plumbing plan review. The new code language would enable the State to delegate plumbing plan
review to the City for multi-family and commercial buildings, in conformance with the attached
delegation agreement. Plumbing plan submittals for the following building types would still require
State plan review unless delegated by the state to city for review:
• State licensed facilities as defined in Minn. Stat. § 326B.103, subd. 13 (“‘State licensed facility’
means a building and its grounds that are licensed by the state as a hospital, nursing home,
supervised living facility, free-standing outpatient surgical center, correctional facility, boarding
care home, or residential hospice.”).
City Council Regular Meeting Executive Summary
City of Golden Valley
January 4, 2022
2
• Public buildings as defined in Minn. Stat. § 326B, subd. 11 (“‘Public building’ means a building
and its grounds the cost of which is paid for by the state or a state agency regardless of its cost,
and a building project for a school district or charter school the cost of which is $100,000 or
more.”).
• Projects of a special nature for which department review is requested by either municipality or
the State
Financial or Budget Considerations
Following modification of the code, plumbing plan review will be completed by City Inspections staff
and the plan review fees will be paid to the City rather than the State. No additional positions or
resources are required to implement plumbing plan review.
Recommended Action
Motion to adopt Second Consideration of Ordinance No. 730 Amending Section 103-1: Building Code
Adopted; and Adding Section 103-1.5: Plumbing, Plans, and Inspections.
Supporting Documents
• Ordinance No. 730 Amending Section 103-1: Building Code Adopted; and Adding Section 103-
1.5: Plumbing, Plans, and Inspections (2 pages)
• Plumbing Plan Review Agreement Application (2 pages)
ORDINANCE NO. 730
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 103-1: Building code adopted
Adding Section 103-1.5 Plumbing, plans and specification, and inspections
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Section 103-1 is amended to read as follows:
(a) Code Adopted By Reference. The Minnesota State Building Code, as adopted by the
Commissioner of Administration Labor and Industry pursuant to Minn. Stats. ch. 326B,
including all of the amendments, rules and regulations established, adopted and published
from time to time by the State Commissioner of Labor and Industry is hereby adopted by
reference with the exception of the optional chapters, unless specifically adopted in this
section. The Minnesota State Building Code is hereby incorporated in this section as if fully
set out herein.
Section 2. City Code Section 103-1.5 is added to read as follows:
Sec. 103-1.5. Plumbing, plans and specifications, and inspections.
(a) All plumbing on private property within the city must comply with the provisions of the state
building code and this article.
(b) Plans and specifications. Prior to the installation of a system of plumbing other than for a
single-family dwelling, complete plans and specifications, together with any additional
information that the building official may require, must be submitted and approved by the
building official. Construction cannot proceed except in accordance with approved plans and
specifications. Any alteration, extension, or repair of an existing system is subject to these same
requirements, unless waived by the building official in accordance with Minn. Rules, part
1300.0215.
(c) Exceptions. Pursuant to Minn. Stat. § 326B.43, subd. 2(n), plumbing plans and specifications
for the following projects must be submitted to the Minnesota Department of Labor and Industry
for a full plan review:
(1) State-licensed facilities as defined in Minn. Stat. § 326B.103, subd. 13;
(2) Public buildings as defined in Minn. Stat. § 326B.103, subd. 11; and
(3) Projects of a special nature for which department review is requested by either the
municipality or the state.
(d) Inspections. New plumbing systems or parts of existing plumbing systems that have been
altered, extended, or repaired shall be inspected, tested, and approved by the building official in
accordance with Minn. Rules, part 1300.0215 before the plumbing system is put into use. The
building official shall perform the final inspection and witness the test. The building official shall
approve the plumbing system if the system complies with the requirements of this Code, any
permit requirements, and the requirements of any approved plans and specification. Plumbing
system tests shall comply with Minn. Rules, Chapter 4714.
Ordinance No. 730 -2-
(e) Covering of work. No building drainage or plumbing system or part thereof shall be covered
until it has been inspected, tested, and approved as herein prescribed.
Section 3. This ordinance shall take effect from and after its passage and publication
as required by law.
Adopted by the City Council this 4th day of January 2022.
Shepard M. Harris, Mayor
ATTEST:
Theresa J. Schyma, City Clerk
P a g e 1 | 2
Minnesota Department of Labor and Industry
Construction Codes and Licensing Division
Plumbing Plan Review
443 Lafayette Road North St. Paul, MN 55155
Phone: (651) 284-5063
www.dli.mn.gov
Plumbing Plan Review Agreement Application
Under Minnesota Statutes, section 326B.43, subd. 2, the commissioner of the Department of Labor and Industry (DLI) may enter into an
agreement with a municipality, in which the municipality agrees to perform plan review and specifications of plumbing systems in their
jurisdiction subject to statutory requirements. Certain types of plans must still be submitted to DLI.
To request a formal plumbing plan review agreement, this application and all requested documents must be completed and submitted to:
Judy.Tacheny@state.mn.us. Incomplete application will be rejected.
1.MUNICIPALITY INFORMATION
MUNICIPALITY NAME DATE
ADDRESS EMAIL
CITY STATE ZIP CODE PHONE
BUILDING OFFICIAL NAME
MAILING ADDRESS PHONE
CITY STATE ZIP CODE E-MAIL
APPROVED PLUMBING PLAN REVIEWER(S). If reviewer is contracted through a private company, check here and submit contract for review.
NAME LICENSE # E-MAIL/PHONE
NAME LICENSE # E-MAIL/PHONE
2. REQUIRED DOCUMENTS THAT MUST BE ADOPTED BY ORDINANCES
Submit copies of following relevant ordinances:
1.The ordinance in which the municipality adopts the Minnesota Plumbing Code.
(Adoption of the Minnesota State Building Code by ordinance includes adoption of the Minnesota Plumbing Code, Chapter 4714.)
2.The ordinance that requires plumbing plans and specifications to be submitted, reviewed, and approved by the municipality . The ordinance must
clearly state exceptions for projects listed in Minnesota Statutes, section 326B.43 subd. 2(n) as listed below as those must be submitted to DLI for
plan review. Plumbing plans and specifications for the following projects shall be submitted to DLI for plan review.
a)State-licensed facilities (as defined in section 326B.103, subd. 13).
b)Public buildings (as defined in section 326B.103, subd. 11).
c)Projects of a special nature for which department review is requested by either the municipality or the state.
3.The ordinance that authorizes the municipality to perform plumbing inspections required by the Minnesota Plumbing Code. (Plumbing inspections,
testing, and permits are subject to Minn. Rules, part 1300.0215, subparts 1 through 5.)
4.The ordinance that authorizes the municipality to administer and enforce the Minnesota Plumbing Code in accordance with Minnesota Statutes,
section 326B.121. (Enforcing the Minnesota State Building Code by ordinance automatically includes and requires enforcement of the Minnesota
Plumbing Code.)
Copies of the above required ordinances must be submitted with this application to be considered.
P a g e 2 | 2
3. AGREEMENT
Upon approval of the application by the commissioner, the municipality agrees (see Minn. Stat. § 326B.43, subd. 2):
1.To review plumbing plans and specifications for all construction for which requires review and approval of plumbing plans and spe cifications per
Minnesota Rules, part 1300.0215, subpart 6, except all plumbing plans and specifications for the following types of projects (state) within the
municipality must be forwarded to the DLI for review:
a)State-licensed facilities (See Minn.Stat. § 326b.103, subd. 13);
b)public buildings (See Minn.Stat. § 326b.103, subd. 11); and
c)projects of a special nature for which department review is requested by either the municipality or the state. (E.g., Dialysis facilities are an
example of projects of a special nature that is reviewed by the state.)
Where the municipality forwards to the state for plan review, the municipality shall not collect any fee for plan review, and the commissioner shall
collect all applicable fees for plan review.
2.The plan review will:
a)Reflect the degree to which the plans and specifications affect the public health and conform to the provisions of the plumbing code;
b)ensure that there is no physical connection between water supply systems that are safe for domestic use and those that are unsafe for domestic
use; and
c)ensure that there is no apparatus through which unsafe water may be discharged or drawn into a safe water supply system.
3.Individuals who perform the plumbing plan reviews for the municipality have passed a competency assessment reviewing plans and specification, are
approved by the commissioner and are:
a)Licensed master plumbers;
b)licensed professional engineers; or
c)individuals who are working under the supervision of a licensed professional engineer or licensed master plumber and who are l icensed
master or journeyman plumbers or hold a postsecondary degree in engineering.
4.To perform all inspections for projects in which they plan review. Individuals who conduct the plumbing inspections for the municipality are licensed
master or journeyman plumbers, or inspectors meeting the competency requirements established in rules adopted under section 3 26B.135, except for
individuals who conduct plumbing inspections for the DLI (state) projects listed in item 1 above must be licensed plumbers .
5.Individuals who conduct inspections and the plumbing plan reviews for the municipality shall not have any conflict of inter est in conducting the
inspections and the plan reviews.
6.To enforce in its entirety the plumbing code on all projects.
7.To keep official records of all documents received, including plans, specifications, surveys, and plot plans, and of all plan reviews, permits and
certificates issued, reports of inspections, and notices issued in connection with plumbing inspections and the review of plu mbing plans. These
records shall be maintained in the official records of the municipality for the period required for the retention of public r ecords under Minnesota
Statutes, section 138.17, and shall make these records readily available for review at the request of the commissioner.
8.That the municipality does not have in effect the plumbing code or any of ordinances described in Section 2 above at any time after the agreement has
been approved, the municipality will notify the commissioner in writing in advance or within 10 days of the changes if advance notice is not possible.
9.If the commissioner determines that the municipality is not properly administering and enforcing the plumbing code or is otherwise not complying
with the agreement the commissioner may terminate the agreement in accordance with Minnesota Statutes, section 326B.43, subd. 2(l).
10.Not to revoke, suspend, or place restrictions on any plumbing license issued by the state.
Agreement Acknowledgement:
MUNICIPAL BUILDING OFFICIAL SIGNATURE NAME
DATE CITY ADMINISTER OR CITY CLERK SIGNATURENAME
DATE
This material can be made available in different forms, such as large print, Braille or on a tape. To request, call 1-800-342-5354.
PPRA 2/23/2021
Review of Council Calendar
Event Event Time Location
JANUARY
Sunday, January 9
Winter Market in the Valley (Indoors)10:00 AM – 1:00 PM Brookview
Bassett Creek Room
Tuesday, January 11
Special City Council Meeting (Council Training)4:00 PM Council Conference Room
Council Work Session 6:30 PM Hybrid - Council Chambers
Friday, January 14
Artist Showcase '22 - Opening Night Gala Event 5:00 PM - 9:00 PM Brookview
Sunday, January 16
Sweet Potato Comfort Pie: Annual Dr. Martin Luther King, Jr. Service
Holiday 2:00 PM - 4:30 PM Virtual Event
Monday, January 17
City Offices Closed for Observance of Dr. Martin Luther King, Jr. Day
Tuesday, January 18
Special City Council Meeting (Interviews)(Tentative)5:30 PM Hybrid - Council Chambers
City Council Meeting 6:30 PM Hybrid - Council Chambers
Tuesday, January 25
Annual City Council Goal Setting Session 6:30 PM Hybrid
Brookview - Valley View Room
FEBRUARY
Tuesday, February 1
Precinct Caucuses 7:00 PM Multiple Locations
See Elections Page on City Website
Wednesday, February 2
City Council Meeting (Wednesday)6:30 PM Hybrid - Council Chambers
Tuesday, February 8
HRA Work Session 6:30 PM Hybrid - Council Chambers
Council Work Session 6:30 PM Hybrid - Council Chambers
Sunday, February 13
Winter Market in the Valley (Indoors)10:00 AM – 1:00 PM Brookview
Bassett Creek Room
Tuesday, February 15
City Council Meeting 6:30 PM Hybrid - Council Chambers
Tuesday, February 22
City Council Annual Joint Meeting with Boards/Commissions 6:30 PM Hybrid
Brookview - Valley View Room