04-19-22 City Council Agenda
REGULAR MEETING AGENDA
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 2459 359 2367. Members of the public wishing to
address the Council remotely have two options:
• Via web stream - Stream via Webex and use the ‘raise hand’ feature during public
comment sections.
• Via phone - Call 1-415-655-0001 and enter meeting code 2459 359 2367. Press *3 to raise
your hand during public comment sections.
1. Call to Order
A. Pledge of Allegiance Pages
B. Roll Call
C. Proclamation Recognizing the 50th Anniversary of Down in the Valley 3-4
D. New Employee Introductions
2. Additions and Corrections to Agenda
3. Consent Agenda
Approval of Consent Agenda - All items listed under this heading are considered to be routine
by the City Council and will be enacted by one motion. There will be no discussion of these
items unless a Council Member so requests in which event the item will be removed from the
general order of business and considered in its normal sequence on the agenda.
A. Approval of Special City Council Meeting Minutes of April 12, 2022 5
B. Approval of Check Register 6
C. Licenses:
1.
Approve Gambling License Exemption and Waiver of Notice Requirement
Mount Olivet Rolling Acres
7
D. Boards, Commissions, and Task Forces:
1. Board/Commission Appointments and Reappointments 8-11
2. Accept Resignations from the Police, Employment, Accountability, and Community
Engagement Commission
12
April 19, 2022 – 6:30 pm
Council Conference Chambers
Hybrid Meeting
City of Golden Valley City Council Regular Meeting
April 19, 2022 – 6:30 pm
2
3. Receive and File Open Space Recreation Commission (OSRC) and Environmental
Commission Joint Meeting Minutes – January 24, 2022
13-15
4. Receive and File Environment Commission Meeting Minutes –February 28, 2022 16-18
E. Bids, Quotes, and Contracts:
1. Award Contract for the 2022 Asphalt Microsurface Project No. 22-04 to Asphalt
Surface Technologies Corporation (ASTECH Corp)
19-38
2. Approve MicroMobility License Agreement with Bird Rides, Inc. 39-54
3. Approve Deed Conveying Outlot 2, Murri-Mac Industrial Park Replat to the City of
St. Louis Park
55-58
F. Grants and Donations:
1. Approve Resolution No. 22-038 Accepting a Donation for a Park Bench to be
Located Overlooking Cortlawn Pond honoring Chris Wolters
59-60
2. Approve Resolution No. 22-039 Accepting a Donation for the Addition of a New
Tee Box on Regulation Course Hole #2 at Brookview Golf Course from the
Brookview Men’s Golf Association
61-62
3. Approve Resolution No. 22-040 Accepting a Grant for a Physical Development
Department Intern from the Minnesota Economic Development Foundation
63-64
4. Approve Resolution No. 22-041 Authorizing Submittal of Application and Execution
Of Agreements on Behalf of United Properties for Minnesota Department of
Employment and Economic Development (DEED) Contamination Cleanup
Grant Program
65-68
5. Approve Resolution No. 22-042 Authorizing Submittal Application and Execution
Of Agreements on Behalf of United Properties for Metropolitan Council Tax Base
Revitalization Account (TBRA) Grant Funds for Contamination Cleanup
69-72
G. Approve Resolution No. 22-043 for Unassigned Fund Balance 73-77
H. Approve Resolution No. 22-044 Approving Final Plat for Sunnyridge Third Addition 78-80
I. Approve Purchase Agreement for 7901 23rd Avenue North 81-94
4. Public Hearing
5. Old Business
6. New Business
All Ordinances listed under this heading are eligible for public input.
A. First Consideration of Ordinance No. 738, Amending the 2022 Master Fee Schedule for
Outdoor Service Areas in Targeted Zoning Districts
95-96
B. Review of Council Calendar 97
C. Mayor and Council Communications
1. Other Committee/Meeting updates
7. Adjournment
Golden Valley City Council Meeting
April 19, 2022
Agenda Item
1. C. Proclamation Recognizing the 50th Anniversary of Down in the Valley
Prepared By
Tim Cruikshank, City Manager
Summary
Down in the Valley has been the serving music fans since 1972 and is now the largest indie chain
in the Twin Cities. The local family-owned business has been providing music lovers with the best
selection of music, memorabilia, and unique gifts and novelties for 50 years. To the relief of its
many loyal customers, this independent business has not only survived five decades of challenges
but has continued to thrive and grow the business into three separate locations in the Twin
Cities. Down in the Valley is a true gem that has helped strengthen the business community in
Golden Valley. The Hyland family has been invited to the City Council meeting to be recognized
before the annual ‘Record Store Day’ on Saturday, April 23.
Supporting Documents
• Proclamation in Recognition of the 50th Anniversary for Down in the Valley (1 page)
CITY OF GOLDEN VALLEY
PROCLAMATION IN RECOGNITION OF THE
50TH ANNIVERSARY CELEBRATION FOR
DOWN IN THE VALLEY
WHEREAS, Down in the Valley is a family-owned business started by Steve Hyland in a
basement located on Golden Valley Road in 1972 that has been providing music lovers with the
best selection of music, memorabilia, and unique gifts and novelties for 50 years; and
WHEREAS, Down in the Valley has not only survived five decades of big-box
competitors, streaming services, and other challenges but has continued to thrive and grow
into three separate locations so that it is now the largest indie chain in the Twin Cities; and
WHEREAS, Down In The Valley was voted Minnesota’s Best Record Store by the Star
Tribune in 2021; and
WHEREAS, Down in the Valley is a true gem that has helped strengthen the business
community in Golden Valley; and
WHEREAS, Down in the Valley has planned several events throughout 2022 to celebrate
their success, loyal customers, and love of music.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Golden Valley
does hereby recognize the fiftieth anniversary celebration of Down in the Valley at “Record
Store Day” on April 23, 2022, proclaim our appreciation for their commitment to the
community, and encourage them to rock on for another fifty years and beyond.
IN WITNESS WHEREOF, that I, Shepard M. Harris, Mayor of the City of Golden Valley
have hereunto set my hand and caused the seal of the City to be affixed this 19th day of April,
2022.
___________________________
Shepard M. Harris, Mayor
SPECIAL CITY COUNCIL MEETING MINUTES
City Council meetings are being conducted in a hybrid format with in-person and remote options
for attending, participating, and commenting.
Present: Mayor Pro Tempore Maurice Harris, Council Members Denise La Mere-Anderson,
Gillian Rosenquist, and Kimberly Sanberg
Absent: Mayor Shep Harris
Staff present: City Manager Cruikshank and City Clerk Schyma
Mayor Pro Tempore M. Harris started the special meeting at 5:00 pm.
1. Commissioner Interviews
The Golden Valley City Council interviewed the following candidates for appointments to various
boards and commissions:
Sean Healy Loretta Arradondo
Jeff Dotteweich Ellen Brenna
2. Adjournment
The Council adjourned by unanimous consent at 6:00 pm.
________________________________
Maurice Harris, Mayor Pro Tempore
ATTEST:
_________________________________
Theresa Schyma, City Clerk
April 12, 2022 – 5:00 pm
Council Conference Room
Hybrid Meeting
Golden Valley City Council Meeting
April 19, 2022
Agenda Item
3. B. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of the check register for various vendor claims against the City of Golden Valley.
Financial Or Budget Considerations
The check register has a general ledger code as to where the claim is charged. At the end of the
register is a total amount paid by fund.
Recommended Action
Motion to authorize the payment of the bills as submitted.
Supporting Documents
Document is located on city website at the following location:
http://weblink.ci.golden-valley.mn.us/WebLink/DocView.aspx?id=939343&dbid=0&repo=GoldenValley
The check register for approval:
• 04-01-22 Check Register
Golden Valley City Council Meeting
April 19, 2022
Agenda Item
3. C. 1. Gambling License Exemption and Waiver of Notice Requirement – Mount Olivet Rolling Acres
Prepared By
Theresa Schyma, City Clerk
Summary
Mount Olivet Rolling Acres (MORA), a 501(c)(3) nonprofit organization, provides services to people
with intellectual and developmental disabilities in Minnesota. MORA has applied for a Gambling
License Exemption to conduct gambling (raffle) for an event at the Golden Valley Country Club, 7001
Golden Valley Road, on July 25, 2022.
As per State Statute organizations that conduct gambling within the City limits have to submit an
application for a lawful gambling permit to the State after the permit has been approved or denied by
the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-
day waiting period.
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for Mount Olivet Rolling Acres to conduct gambling (raffle) for an event at the Golden
Valley Country Club, 7001 Golden Valley Road, on July 25, 2022
Supporting Documents
N/A
Golden Valley City Council Meeting
April 19, 2022
Agenda Item
3. D. 1. Board/Commission Appointments and Reappointments
Prepared By
Tara Olmo, Assistant to the City Manager’s Office
Summary
On a staggered basis, each year on April 30, terms end for various members of City
boards/commissions creating vacancies to be filled. Each year the City Council conducts interviews
with persons who have applied to serve on a board or commission.
Attached is the list of vacancies to be filled, including board/commission members who have requested
to be considered for reappointment as well as a list of applicants who are interested in being
appointed.
Financial Or Budget Considerations
Not Applicable.
Recommended Action
Motion to make the following appointments and reappointments.
Supporting Documents
• 2022 B‐C Appointment Consideration (1 page)
• 2022 Vacancies‐Reappointments (1 page)
• 2022 List of Reappointments (1 page)
BOARD OF ZONING APPEALS Preferred Choice Interviewed Date
Jeff Dotterweich 1st 4/12/2022
Stephen Spaulding n/a 4/19/2022
ENVIRONMENTAL COMMISSION Preferred Choice Interviewed Date
Ellen Brenna 1st 4/12/2022
HUMAN SERVICES COMMISSION Preferred Choice Interviewed Date
Lee Thoresen 2nd 2/15/2022
Nyre Chester 2nd 3/1/2022
Jonas Courneya 4th 2/15/2022
OPEN SPACE AND RECREATION COMMISSION Preferred Choice Interviewed Date
Stephen Spaulding n/a 4/19/2022
PLANNING COMMISSION Preferred Choice Interviewed Date
Sean Healy 1st 4/12/2022
Jonas Courneya 2nd 2/15/2022
Ellen Brenna 2nd 4/12/2022
Stephen Spaulding n/a 4/19/2022
DIVERSITY, EQUITY, & INCLUSION COMMISSION Preferred Choice Interviewed Date
Helene Johnson 1st 3/1/2022
Nyre Chester 1st 3/1/2022
Lee Thoresen 1st 2/15/2022
David Scheie 2nd 3/1/2022
Jonas Courneya 3rd 2/15/2022
POLICE, EMPLOYMENT, ACCOUNTABILITY, &
COMMUNITY ENGAGEMENT COMMISSION Preferred Choice Interviewed Date
Loretta Arradondo 1st 4/12/2022
Jonas Courneya 1st 2/15/2022
Roslyn Harmon 1st 2/15/2022
David Scheie 1st 3/1/2022
Janet Frisch 1st 9/21/2022
Dan Wilcox 1st 4/19/2022
2022 Annual Appointment Considerations
This chart provides a list of applicants requesting to be considered for appointment
BOARD OF ZONING APPEALS TERM DATE
Commissioner April 30, 2023
Commissioner April 30, 2023
Commissioner April 30, 2023
Commissioner April 30, 2023
True Vacancy - Youth April 30, 2023
ENVIRONMENTAL COMMISSION TERM DATE
Commissioner April 30, 2025
Commissioner April 30, 2025
True Vacancy - Youth April 30, 2023
HUMAN SERVICES COMMISSION TERM DATE
Commissioner April 30, 2025
True Vacancy April 30, 2025
True Vacancy April 30, 2025
True Vacancy April 30, 2024
Commissioner - Youth April 30, 2023
OPEN SPACE AND RECREATION COMMISSION TERM DATE
Commissioner April 30, 2025
Commissioner April 30, 2025
Commissioner April 30, 2025
True Vacancy - Youth April 30, 2023
PLANNING COMMISSION TERM DATE
Commissioner April 30, 2025
True Vacancy April 30, 2025
True Vacancy - Youth April 30, 2023
DIVERSITY, EQUITY, & INCLUSION
COMMISSION TERM DATE
Commissioner April 30, 2023
True Vacancy April 30, 2023
True Vacancy April 30, 2023
POLICE, EMPLOYMENT, ACCOUNTABILITY, &
COMMUNITY ENGAGEMENT COMMISSION TERM DATE
True Vacancy April 30, 2024
True Vacancy April 30, 2025
2022 Vacancies
This chart provides an overview of the current vacancies and reappointments
BOARD OF ZONING APPEALS TERM DATE
Nancy Nelson April 30, 2023
Richard Orenstein April 30, 2023
Chris Carlson April 30, 2023
Kade Arms-Regenold April 30, 2023
ENVIRONMENTAL COMMISSION TERM DATE
Debra Yahle April 30, 2025
Tonia Galonska April 30, 2025
HUMAN SERVICES COMMISSION TERM DATE
Aaron Black April 30, 2025
Esther Black (youth)April 30, 2023
OPEN SPACE AND RECREATION COMMISSION TERM DATE
Roger Bergman April 30, 2025
John Cornelius April 30, 2025
Matthew Sanders April 30, 2025
PLANNING COMMISSION TERM DATE
Adam Brookins April 30, 2025
DIVERSITY, EQUITY, & INCLUSION
COMMISSION TERM DATE
Melissa Johnson April 30, 2023
2022 List of Reappointments
Golden Valley City Council Meeting
April 19, 2022
Agenda Item
3. D. 2. Accept Resignations from the Police, Employment, Accountability, And Community
Engagement Commission
Prepared By
Tara Olmo, Assistant to the City Manager´s Office
Summary
Acting Sgt. Jerad Zachman, Marshall Tanick, and Chris Hartzler has submitted their resignations for the
Police, Employment, Accountability, And Community Engagement Commission. Commissioner Sgt. Dan
Wilcox submitted his resignation for the City of Golden Valley Police Department, therefore
terminating his seat as an ex officio member on the Police, Employment, Accountability, And
Community Engagement Commission.
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to accept the resignations of Sgt. Dan Wilcox, Acting Sgt. Jerad Zachman, Marshall Tanick and
Chris Hartzler from the Police, Employment, Accountability, And Community Engagement Commission.
EC & OSRC JOINT MEETING MINUTES
Remote Attendance: Members of the public may attend this meeting via Webex by calling 1-415-655-
0001 and entering access code 2475 132 9253.
Questions/Comments: Members of the public who have questions about the commission or any
items on the agenda should contact the staff commission liaison – Eric Eckman, Environmental
Resources Supervisor, eeckman@goldenvalleymn.gov, 763-593-8084.
1. Call to Order
A. EC Chair Weirich called the meeting to order at 6:35.
2. DeCola Ponds SEA School – Wildwood Park Flood Reduction Project Presentation & Discussion
A. Staff gave a presentation on the project. The following question were asked:
i. Can you briefly describe what the NW corner will look like – the filtration area –
when you’re walking by it? Will it be prairie grasses? What will the appearance be?
1. From the street and trail it will slope down about 10’ deep. In the middle will
be an iron enhanced filtration media, which is sand that has bits of iron in it.
When water passes through it, the dissolved phosphorus from the water
binds to the iron. Most of the time this will be dry. When full of water it may
be 5’-10’ deep for a short period of time.
2. As you go to the bottom of the slope and up towards the trail and street it
will be more native plantings. They’ll go knee high to chest high that will
block the view of the sand in the middle. There will be trees planted where
possible.
3. There will be a mow strip on either side of the trails to make sure there’s
clearance between the trail and tall plantings.
4. No plans for fencing around the pond area. Possibly fencing around the
playground.
ii. Will the current footpaths through the wooded area of the park be preserved?
1. Yes. There’s no intention of doing any work in the preserved woodland area.
iii. There’s a lot of prairie habitat – Is there any money built into the budget for
maintenance of this?
1. Yes. This project has 3 seasons worth of vegetation establishment and
maintenance built into the budget. We have plans to add this area to the
annual maintenance contract we have with MN Native Landscape (currently)
after the initial 3-year contract is up with the contractor doing the work.
iv. Is there any way to shoehorn the public gathering area on the other side of the
pickleball courts?
1. Initially tried to put it more internal to the park away from the neighbors on
the East side. There’s no way to enter and exit on that side currently. You’d
have to modify the fencing and gates and potentially have people walking
January 24, 2022 – 6:30 pm
City of Golden Valley EC & OSRC Joint Meeting
January 24, 2022 – 6:30 pm
2
through the pickleball area. There would also need to be another trail built
to ADA standards.
v. There are a lot of trees to the East of the playground between the playground and
Kelly Dr. Are a lot of those coming down? Does the prairie habitat need to be so
big? It will affect the noise levels to the homes on Kelly Dr?
1. The need is very great for every square foot of flood storage we can get. The
prairie habitat will be excavated down below the elevation of the street. Put
in more trees by the playground area and on the West side of Kelly Dr?
vi. In the area between the trail and pickleball courts – if that fills up is there drainage
there?
1. There are a few drainage pipes – the turf area will be sloped to the drainage
pipes.
vii. On the tree count – what establishes a tree?
1. City Code – Significant Trees varies based on soft wood, hard wood, and
coniferous trees.
1. Soft wood – 12” and above – Cottonwood, Willow, Boxelder
2. Hard Wood – 6” and above – Oak, Hackberry
3. Coniferous – 4” and above
viii. Where is the excavated soil going?
1. It’s up to the contractor to excavate, haul, and dispose of/reuse as they see
fit.
2. The soils get hauled off site. If it can be reused and the City has a use for it
we can try and reuse it. Maybe a developer nearby can work it out with the
contractor to use it.
3. We always plan for worst case scenario – soil is contaminated or debris
impacted and they have to be landfilled or reused at an industrial or
commercial type site.
1. There were not found in the studies of this site.
ix. Could the turf/mow areas be native grasses and/or bee lawn or clover?
1. It’s something we can look into. Typically, we use the low maintenance park
mix that doesn’t require watering/irrigation/fertilizers. We haven’t utilized a
bee lawn/mix before. Some natives will slowly creep up into the area.
x. Could the buckthorn removal be a Conservation Corps project? Could they work with
the school?
1. Agree! Hennepin County has grant funding for smaller projects like this. It
would be a separate project from this project. Maybe done in 2023/2024 part
of this project.
3. Medley Park Stormwater Improvement Project Presentation & Discussion
A. Staff gave a presentation on the project. The following question were asked:
i. How deep will the ponds be?
City of Golden Valley EC & OSRC Joint Meeting
January 24, 2022 – 6:30 pm
3
1. Typical stormwater ponds will be anywhere from 3’-10’ deep. These will be
closer to the 8’-10’ deep mark in the middle. It’s zero entry at the edge. The
first 10’ will only get to 1’ deep. Then it goes down at about a 3:1 slope.
1. A lot of times the edge – 10’ in area will attract vegetation like cattails
that will detract from people walking into the pond.
2. Has there been neighborhood input?
1. There was a survey and virtual video during the engineering feasibility
study.
i. There was a survey to gather information from the public to
understand what the issues and needs are of the public.
2. We had a virtual video that showed the concept plans and had a
survey for feedback. Public, EC, and Council seemed supportive of the
project.
3. Open house on March 3.
4. Possibly one more in April/May.
3. What is between the two ponds/viewing area, on the map shown in yellow.
Will it become a de facto path or will there be something to prevent people
from cutting through there?
1. It hasn’t been covered before. De Facto paths are okay. It helps
minimize impervious surfaces and be more sustainable. If vegetation
is done well, the paths aren’t too damaging.
4. Adjourn
A. Meeting was adjourned by EC Chair Weirich at 7:53
REGULAR MEETING MINUTES
Remote Attendance: Members of the public may attend this meeting via Webex by calling 1-415-655-
0001 and entering access code 1773 93 4642.
Questions/Comments: Members of the public who have questions about the commission or any
items on the agenda should contact the staff commission liaison – Eric Eckman, Environmental
Resources Supervisor, eeckman@goldenvalleymn.gov, 763-593-8084.
1. Call to Order
The meeting was called to order by Chair Weirich at 6:30 pm following joint meeting with OSRC.
2. Roll Call
Commissioners present: Scott Seys, Wendy Weirich, Tonia Galonska, Shannon Hansen, Jim Stremel,
Dawn Hill, Debra Yahle, Felix Fettig
Commissioners absent: None
Council Members present: Kimberly Sanberg
Staff present: Eric Eckman, Environmental Resources Supervisor;
Drew Chirpich, Environmental Specialist;
Ethan Kehrberg, GreenCorps Member;
Carrie Nelson, Administrative Assistant.
3. Approval of Agenda
MOTION by Commissioner Hill, seconded by Commissioner Stremel to approve the agenda for February
28, 2022 and the motion carried.
4. Approval of January 24, 2022 Regular Meeting Minutes
MOTION by Commissioner Seys, seconded by Commissioner Fettig to approve the minutes of January
24, 2022 as submitted and the motion carried with the following change:
A. Add Council Member Sanberg as being present at the meeting.
5. Old Business
A. Recycling and Organics Update
i. We are at about 30% participation rate. Aiming for about 40%. based on households
putting their carts out at least once between Jan 7 and Feb 11. 7,098 total households
[staff checked after meeting and there is actually about 6,976 households]. There is a
communications plan to spread the word about the program and Ethan has been
promoting it at the Farmers Market. We plan to add organics carts to all the City parks
with recycling bins and garbage carts.
February 28, 2022 – 6:30 pm
City of Golden Valley Environmental Commission Regular Meeting
January 24, 2022 – 6:30 pm
2
ii. We’ve also seen an increase in participation in the Regular Recycling from 92% to 95%.
iii. Contamination has been found in the organics loads. It hasn’t hit the 5% rejection level
yet. If contamination continues, it is possible to pin point what areas have the most. It’s
mostly things that should go in the regular recycling.
B. Environmental Justice Collaboration
i. The Building An Equitable Golden Valley Forum is scheduled for May 19, 6:00-7:30. It
will be a hybrid format with the in-person portion being at Brookview. There will be a 1
hr presentation on Environmental Justice and Climate Change with time at the end for
questions.
6. New Business
A. Energy Recognition Program
i. The program recognizes businesses (anything non-residential) in GV who are taking
steps to improve energy efficiency.
ii. Businesses will apply to the program and the environmental staff, and possibly the
commission, will review and approve applications.
iii. To begin, it will be a one and done recognition. Could include an annual award program
over time.
iv. Could potentially move to residential properties as well.
v. Name possibilities
1. Energy should be a part of the name
2. Golden Valley Energy Hero?
vi. Maybe have different levels? Silver, Gold, and Platinum level?
vii. We can reach out to both owners and tenants. Tenants may be doing energy efficient
things even though they don’t own the building.
B. 2022 Work Plan
i. The draft will be based on the City’s 2022 Pyramid of Success, 2040 Comprehensive Plan,
and City Council’s 2022 Legislative Priorities
ii. Needs to be finalized before the April Council Work Session.
iii. Can we add short term goals into plan along with the long-term goals?
Some ideas generated:
1. Plan to increase recycling
2. Env Justice – forum, formal resolution, re-evaluate maps for prioritization
(flooding, air quality, highways corridors, etc)
3. Plant trees, or tree sale/give-away – more than just Plymouth tree sale
4. Sustainable building policy
5. Staff speakers on timely topics (EAB, etc)
6. Outreach to schools like SEA
7. Review new city website for content and clarity, better promote volunteer
programs
8. EAB outreach on Ash removals – explore Mpls contract pricing for residents
example
City of Golden Valley Environmental Commission Regular Meeting
January 24, 2022 – 6:30 pm
3
9. Transportation – Luce Line Trail connection to Plymouth and other trail sections
C. Program/Project Updates
i. Could the EC have a look at major projects earlier on?
D. Council Updates
i. State of the City on March 4, 3:00 PM at Under Pressure Brewing
E. Other Business
i. None
7. Adjournment
MOTION by Commissioner Stremel, seconded by Commissioner Hill to adjourn the meeting at
8:46 pm and the motion carried.
ATTEST:
________________________________ _______________________________________
Carrie Nelson, Administrative Assistant Wendy Weirich, Chair
Golden Valley City Council Meeting
April 19, 2022
Agenda Item
3. E. 1. Award Contract for 2022 Asphalt Microsurface Project, City Project #22-04
Prepared By
Jeff Oliver, PE, City Engineer
R.J. Kakach, Assistant City Engineer
Summary
Staff solicited bids for the 2022 Asphalt Microsurface Project. The project scope includes placement of
a protective microsurface membrane (oil, polymer, and sand) over the existing asphalt pavement to
prevent the long-term degradation of the pavement due to water, sun, and traffic. The use of this
preventative maintenance technique, used predominately by MnDOT in the past, is being utilized more
by municipalities and counties as an alternative to conventional chip sealing. The roads being
considered for treatment are Noble Avenue from Culver Road to 34th Avenue North as shown on the
attached project location map.
Quotes for the 2022 Asphalt Microsurface Project, City Improvement Project No. 22-04 were received
on March 25, 2021. The following quotes were received:
CONTRACTOR TOTAL BASE BID
Asphalt Surface Technologies Corporation
(ASTECH Corp) $79,978.40
The bid was reviewed and found to be accurate and in order.
Financial Or Budget Considerations
The financing for this contract is summarized below:
• Funding for this project is in the 2022 Capital Improvement Program (S-044) which includes
$100,000 for pavement surface treatments.
It is expected that construction will begin as weather permits in June of 2022 and be completed by
September.
City Council Regular Meeting Executive Summary
City of Golden Valley
April 19, 2022
2
Recommended Action
• Motion to authorize the Mayor and City Manager to execute a construction agreement with
Asphalt Surface Technologies Corporation (ASTECH Corp) in the form approved by the City
Attorney for the 2022 Asphalt Microsurface Project #22-04 in the amount of $79,978.40.
Supporting Documents
• Location Map (1 page)
• Contract with Asphalt Surface Technologies (ASTECH Corp) (17 pages)
34th Ave N
Lowry Ter
33rd Ave N
Noble Ave NCross LnQuail Ave NDrake Rd
Kyle Ave NQuail Ave NPerry Ave NCulver Rd
Kyle Ave NNoble Ave Frontage Rd34th Ave N
E l m daleRd
Adell A veOrchard Ave NN o r m a n d y P l
CherokeePlQuailAveNT r ito n D rL o w r y T e r LeeAveNMajorAveNI
0 325 650162.5
Feet
Print Date: 12/29/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021).-City of Golden Valley for all other layers.
2022 MicrosurfaceNoble Ave N
1
CONTRACT FOR 2022 MICRO SEAL PROJECT
CITY OF GOLDEN VALLEY PROJECT NUMBER 22-04
THIS AGREEMENT is made this 19th day of April, 2022 (the “Effective Date”) by and between Asphalt
Surface Technologies Corporation a/k/a/ ASTECH Corporation, an asphalt maintenance company located
at P.O. Box 1025, St. Cloud, Minnesota 56302, (“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 asphalt pavement micro surfacing.
B. The City desires to hire Contractor to furnish and apply a microsurface sealant.
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.
2. Time for Completion. The Contractor shall proceed no earlier than July 11, 2022 and shall
complete the Work to the satisfaction and approval of the City’s engineer on or before August 30, 2022
(the “Contract Time”). Contractor shall to 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. The consideration, which the City shall pay to Contractor according to the details
set forth in the attached Exhibit C. 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.
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
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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
a Certificate of Final Completion 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 of time 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.
12. Termination. This Agreement shall remain in force and effect commencing from the effective
date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated
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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.
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;
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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. Monetary Securities. Prior to Commencement of the Work, Contractor shall make, execute and
deliver to the City a certified or cashier’s check in a form acceptable to the City, in the sum of five (5)
percent of the total amount of the base proposal payable to the City as a guaranty that the Contractor
will complete the Work. Said securities shall secure the faithful performance 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.
20. 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
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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
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.
21. Independent Contractor. Contractor is an independent contractor. Contractor’s duties shall be
performed with the understanding that Contractor has special expertise as to the Work which Contractor
is to perform and is customarily engaged in the independent performance of the same or similar work for
others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall
control the manner in which the Work is performed; however, the nature of the Work and the results to
be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties
are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any
binding commitments or obligations on behalf of the City except to the extent expressly provided in this
Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor
as an independent contractor and not as an employee of the City for any purpose, including but not limited
to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability
for torts and eligibility for employee benefits.
22. 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.
23. 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.
24. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
25. 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.
26. 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
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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.
27. 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.
28. 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.
29. 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.
30. 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.
31. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is
City Engineer, or designee. Contractor’s authorized agent for purposes of administration of this contract
is Dale R. Strandberg, or designee who shall perform or supervise the performance of all Work.
32. 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
Asphalt Surface Technologies Corp
P.O. Box 1025
St. Cloud, MN 56302
Dale R. Strandberg
astechdale@hotmail.com
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
engineeringdept@goldenvalleymn.gov
763.593.8030
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or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
33. 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.
34. 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.
35. Payment of Subcontractors. Contractor agrees to pay all laborers employed and all
subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to
pay any claims and demands for labor and materials, the City may apply the monies due to Contractor
toward paying and satisfying such claims and demands. The City has the right to apply monies due to
Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against
Contractor. The amount of such payments shall be deducted from the balance due to the Contractor;
provided that nothing herein nor any variation from the amounts and timing of the installments shall be
construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon
shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same
nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or
to retain for their benefit any monies coming to the contractor hereunder.
Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any
subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed
services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%)
per month or any part of a month to the subcontractor on any undisputed amount not paid on time to
the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or
more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due
to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the
Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing
the action.
36. 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.
37. 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.
38. 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.
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39. 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.
ASPHALT SURFACE TECHNOLOGIES: CITY OF GOLDEN VALLEY:
By: _________________________________
Name: DALE R. STRANDBERG
Title: VICE-PRESIDENT
By: _________________________________
Shepard M. Harris, Mayor
By: _________________________________
Timothy J. Cruikshank, City Manager
EXHIBIT A
SCOPE OF WORK
The Work will consist of pavement marking removal, furnishing & installing bituminous microsurface over
the existing bituminous pavement within the project boundaries in accordance with this specification.
Contractor shall provide certification that the sealant meets the requirements of MNDOT Standard
Specification 2354 and pavement marking installation. A copy of the manufacturer’s recommendations
pertaining to the heating and application of the micro sealant shall be submitted to the Engineer prior to
commencement of work. These recommendations shall be adhered to and followed by Contractor
The Location Map herein Exhibit A identifies roadways that will receive a microsurface treatment with
the 2022 project.
Prior to the start of the microsurface operation, a field meeting with Contractor personnel and City staff
is required to discuss traffic control requirements and the application rate. The contractor will be
required to submit to the Engineer for review and approval, a detailed critical path schedule a minimum
of three (3) days before the pre-construction conference. The schedule must detail all controlling
operations. DO NOT allow traffic on the micro sealed surface until after the bituminous material has set
and will not pick up on vehicle tires.
This work will consist of removal of the existing pavement markings. Microsurfacing scratch course
placement within two days of the pavement marking removal. Microsurfacing surface course placement
within two days of the microsurfacing scratch coarse placement. Pavement marking placement no
sooner than 14 days and no later than 21 days from microsurfacing surface course placement.
Temporary pavement markings will be required between each of the above activities to ensure the
roadway and drive lanes are delineated.
Mixing of different manufacturer’s brands or different types of sealant shall be prohibited.
During a period of falling temperature, the placement of sealant material shall be suspended when the
air temperature, in the shade and away from artificial heat, reaches 60° F. Sealant shall not be placed
when in the opinion of the Engineer the weather or roadbed conditions are unfavorable. Microsurfacing
will be permitted only during daylight hours between July 11, 2022 and August 30, 2022, during non-
school days.
EXHIBIT A
NOBLE AVE N DRAWING
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. Pre-Construction Meeting. Prior to the beginning of construction operations, a pre-construction
meeting shall be held, and shall be attended by the authorized representatives of the City and persons of the
contracting company who will have direct responsibility for workmanship and/or materials used on the project.
The conference will disclose all aspects for execution and schedule of the Work. Agreement on any and all
questionable measurements, materials, methods or other matters shall be made at this conference.
Contractor shall submit the following at the pre-construction meeting:
a. Critical path phasing plan and schedule, which details all controlling operations. This shall be
submitted a minimum of three (3) days before the pre-construction meeting.
b. General project contact information including emergency contacts.
c. Subcontractor list.
d. Material supplier list.
e. Traffic Control plan.
3. Measurement and Payment. Payment for all items for this project shall be by the unit price as stated
herein Exhibit C. The estimated quantities on the Proposal form are for determination of the lowest cost for the
Work. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the
amount budgeted by the City. No claims for extra compensation due to increased or decreased quantities shall
be considered. Contractor shall provide daily documentation to the Engineer, at the end of each working day, for
the quantities performed that day. Contractor shall submit all final quantities to the City within one month after
completion of the Work. The contractor may stockpile micro surface material or aggregate at the City’s storage
site at 9400 10th Avenue North. The contractor shall coordinate delivery of the materials with City staff.
Bituminous and micro surface material manifests shall be collected by City staff upon delivery at the job site. At
the discretion, material tickets that are not submitted to City staff upon delivery of the material may not be
accepted or paid for.
4. Mobilization (2021). The lump sum for mobilization is to include all aspects of work and shall include
mobilization to all of the areas identified in the Location Map herein Exhibit A.
5. Pavement Marking Removal (2102). The provisions of MNDOT 2102 are modified and/or supplemented
with the following conditions, the following is hereby added to the end of MNDOT 2102.3:
All pavement marking removal shall be done utilizing either grinding, water-blasting, or sandblasting equipment.
6. Water Use on Project (2130). Project related water use shall be considered incidental. The
Contractor will not be charged for any project related water use. However, to receive permission to take water
from hydrants the Contractor shall be required to obtain a meter from the City Utilities Maintenance
Department (763.593.3962). The meter requires a one thousand seven hundred and fifty dollar ($1,750.00)
deposit, which will be refunded when the Contractor returns the meter in good condition. The Contractor shall
identify specific hydrants he/she wishes to take water from during construction and obtain approval from the
Engineer. Only hydrants approved by the Engineer will be available for use by the Contractor.
7. Micro-surfacing (2354): All micro-surfacing shall be performed in conformance with MNDOT
Specification 2354, except as modified or supplemented herein. The micro surfacing rates of 16 pounds per
square yard and 14 pounds per square yard were design estimates for the scratch course and surface course
respectively. Design of all mixtures used on this project shall be approved by MNDOT, and mix certification
documentation of such shall be provided to the Engineer at least two weeks prior to placement. Protect all
drainage structures, gate valves, manholes and other utility structures throughout all micro surfacing
operations.
8. Traffic Control and Maintenance (2564). Contractor shall detour traffic at all necessary times while
performing the Work in accordance with the current Minnesota Manual of Uniform Traffic Control Devices
(MMUTCD) Field Manual and its supplements, or as deemed necessary by the Engineer, when the Work occurs
on or adjacent to any street, alley or public place. Contractor shall provide, under the traffic control item, all
construction signage and traffic control devices for the protection of persons, property and the Work.
Contractor shall be responsible for maintaining traffic control devices during the Work. In the event that the City
must install additional signs for traffic control for safety purposes, the cost for such measures shall be billed to
Contractor or withheld from monies due. The Contractor shall be held responsible for all damaged from failure
to protect the work zone. The detour route shall utilize Culver Rd to Regent Ave N to 34th Ave N.
Throughout construction, Contractor shall provide safe and adequate access at all times for residents, property
owners and emergency vehicles. Access shall include the maintaining of ingress and egress of private driveways
throughout construction. Throughout the duration of the Work, Contractor shall, as much as possible, work to
limit any inconveniences to local businesses and property owners. When single lane traffic is necessary, flagmen
must be provided to direct traffic. Contractor shall provide certifications of all flagmen that will be working on
this project.
9. Erosion and Sedimentation Control (2573). Storm Drain Inlet Protection --- Wimco Inlet Protection.
Contractor shall provide Wimco Inlet Protection devices, or approved equal, on all inlets where inlet protection
is designated. Information on the Wimco devices can be obtained at www.roaddrain.com. Payment will be
made on the basis of each structure protected through all phases of the work. Use of different methods for
protection in order to phase the work or for the ease of the construction shall not be cause for multiple
payments over one per structure.
10. Interim Pavement Marking (2580): The cost of the temporary markers, layout and placement by the
Contractor shall be paid in accordance with the lump sum bid for Interim Pavement Marking. The Contractor
shall be required to place as directed by the Engineer, 4-inch white and yellow Flexible Temporary Raised
Reflective Pavement Markers on the pavement in 30-foot intervals to delineate travel lanes as soon as possible
as required below. Interim pavement markings will be required immediately following completion of the
following operations. Pavement Marking Removal, Microsurface Scratch Course, and Microsurface Surface
Course.
11. Pavement Markings (2582): The unit prices bid for pavement markings to be used in the roadway shall
be considered compensation in full to place all markings complete in place as directed by the Engineer, and in
accordance with the Specifications. Pavement marking used on the roadway shall be in accordance with the
Specification for Epoxy Resin Pavement Markings (Free of Toxic Heavy Metals) and the MNDOT Specification for
Drop-on Glass Beads in the Appendix, or as modified herein. The rate of application for 4-inch line (painted
area) shall be 300 to 330 linear feet for gallon of paint. The rate of application for the 12-inch and 24-inch line
(painted area) shall be 100 to 110 square feet for gallon of paint. The ratio of skip to stripe shall be 40:10 (40
feet skip to 10 feet of painted line). No painting shall be done during the threat of rain, or when the road
surface is damp. The air temperature must be at least 40° F, and rising. All excess reflectorized glass beads from
placement of pavement markings must be removed by the Contractor before traffic is allowed to resume on the
new markings. The cost for all sweeping shall be included in the unit price bid for each pavement marking. No
claims for additional compensation to perform sweeping shall be considered. The Contractor shall mark all
pavement markings in accordance with the Plans and their pre-construction location for review and approval by
the Engineer before the pavement markings are installed. The Contractor shall be responsible for all testing as
described in the relevant Specifications and in the Appendices. Reports for all testing required shall be
submitted to the Engineer. All costs for signage in conjunction with striping or other pavement markings shall
be included in the lump sum bid price for Traffic Control.
12. 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. The most current edition of the Minnesota Manual on Uniform Traffic Control Devices.
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.
13. 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.
14. 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.
15. Hours of Operation. Work shall occur Monday through Saturday from 7:00 a.m. to 7:00 p.m.
On streets designated as high-volume roadways, Contractor’s Work shall be restricted to the hours of 9:00 a.m.
to 3:30 p.m., or after 6:00 p.m. for any Work within the traveled portion of the roadway.
HIGH-VOLUME ROADWAYS
a. Betty Crocker Boulevard between US 169 and General Mills Blvd
b. Boone Avenue North between TH 55 and Plymouth Ave
c. General Mills Boulevard between Wayzata Blvd and TH 55
d. Golden Hills Drive between Wayzata Blvd and Turners Crossroad
e. Golden Valley Road between Boone Avenue and Douglas Drive
f. Laurel Avenue between Winnetka Avenue and Xenia Avenue
g. Louisiana Avenue South between Laurel Avenue and I-394
h. Noble Avenue North between Golden Valley Road and 34th Ave N
i. North and South Frontage Roads of I-394
j. Olympia Street between Winnetka Avenue and Douglas Drive
k. Plymouth Avenue between US 169 and Winnetka Avenue
l. Regent Avenue North between Duluth Street and 34th Ave N
m. Rhode Island Avenue between 10th Avenue and TH 55
n. Wayzata Boulevard all portions in Golden Valley City Limits
o. Winnetka Avenue between TH 55 and I-394
p. Xenia Avenue South between Glenwood Avenue and I-394
q. Zenith Avenue North between 26th Ave N and Theodore Wirth Pkwy
16. 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.
17. 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.
18. Contract Time Extension. The Contractor shall perform fully, entirely, and in an acceptable manner, the
Work within the Contract Time stated in this Agreement. Contractor shall notify the City on writing, not less than
ten (days) prior to end of the Contract Time if the Contractor finds it impossible to complete the Work. Contractor
shall detail fully in the request reasons for the extension. The City, in its sole discretion, may grant an extension if
the Work has been delayed on account of unusual circumstances beyond the control of the Contractor, or that
quantities of the Work done or to be done are in excess of estimated quantities in sufficient amount to warrant
the extension for the completion to such date as may seem reasonable and proper.
Golden Valley City Council Meeting
April 19, 2022
Agenda Item
3. E. 2. Approve MicroMobility License with Bird Rides, Inc.
Prepared By
Marc Nevinski, Physical Development Director
Summary
Since 2018, the City of Golden Valley has allowed shared mobility companies to rent dockless bikes and
scooters to residents and visitors. In 2018, the City entered into an agreement with Lime to deploy a fleet of
dockless bicycles around the City. In 2019, the City adopted an ordinance regulating shared mobility activity
and requiring operators to obtain a license. That year, Spin deployed approximately fifty scooters. Due to
the pandemic, no licenses were applied for and no bikes or scooters were deployed in Golden Valley in 2020.
In 2021 the City issued a license to Bird. No other vendors applied for a license in 2021.
License applications were sent to six vendors in 2022. To date, Bird is the only company to have submitted
an application. Minneapolis choose not to issue a license to Bird in 2022, and instead issued license to Lyft,
Lime and Spin for scooters. Lyft will also take over operations of Nice Ride system. St. Paul, the U of M, and
MPRB have not yet released their vendors but are expected to do so in the coming weeks. Brooklyn Park, St.
Louis Park and Hopkins have approved agreements with Bird for 2022.
The City’s right of way ordinance (Section 24-53) authorizes the use and regulation of micromobility vehicles
and sharing operations within the right of way, including licensing, enforcement and impounding of vehicles.
A license agreement further manages the activities of micromobility vehicles and operators. Notable
provisions of the license include:
• Limiting the maximum number of operators to two
• Limiting the maximum total number of deployed vehicles to 200
• Clear vehicle parking requirements
• Timely response to vehicle complaints and enforcement options
The City’s MicroMobility License application asks applicant to provide information about their operations
with the regard to the following factors:
• Experience – Bird states it has operated in over 350 markets worldwide since 2017. Bird will also
deploy in Minneapolis this year.
• Description of Vehicles – Bird describes its vehicles as propriety, state-of-the art, long lasting,
durable, safe, and able to deter theft and misuse.
• Deployment and Placement - Bird proposes to deploy 50 scooters in Golden Valley in April and an
additional 50 scooters in June, which is the same proposal made in 2021. Bird states vehicles will be
deployed to ensure broad and equitable coverage in the areas of service, but also states it will
consider job and household density, available transportation options, community input, and
City Council Regular Meeting Executive Summary
City of Golden Valley
April 19, 2022
2
infrastructure when considering vehicle placement. Local staff will rebalance vehicles as needed,
and within 24 hours of receiving notice of a problem. Heat maps will be used to address over
concentrations of vehicles and will incentivize in-route users to park in alternate locations, or to
unlock a vehicle in an area with too many vehicles. Geofencing can be deployed to regulate the use
and even speed of vehicles.
• Pricing and Fees – Bird is proposing user fees of $1 to unlock and $0.39 per minute, the same as
2021. They also have discount plans for certain demographic groups and industry workers, and have
provided information on how to access those plans.
• Safety and Parking – Bird states the City will have access to a dashboard to provide real time data on
vehicle use. Bird states it provides safety information on its vehicles and instructions and other local
information or laws about use, safety and parking. Bird encourages the use of helmets, and notes its
injury rate is less than one percent of its rides. It also notes that is vehicles have never been recalled
or its operating system hacked. Three relocation requests and zero accidents were reported by Bird
in 2021.
• Maintenance – Bird states that vehicles are sanitized multiple time per day (each Bird Watcher
sanitizes an average of 60 per day), inspected once per day, and are charged as needed (may be daily
or longer) and inspected in a service center once every three days. Damaged vehicles are removed
within two hours. A short COVID response plan is also included in the application. Teams work from
6am to 8pm to inspect, sanitize, rebalance, recharge or perform maintenance on vehicles. Four
reports for maintenance were made by users in 2021, according to Bird.
• Employment and Staffing – Bird states it maintains in-house staff as account managers but will
contract locally with a fleet manager responsible for maintaining the fleet. Training and support for
staff and fleet managers are detailed in the application.
• Community Engagement - Bird states it will seek press coverage in Golden Valley and work with the
City to support marketing. Bird also indicates it will work with local businesses to support ridership
and patronage. Businesses, hotels, offices and apartments can host a “Nest” where vehicles are
parked.
• Term of Service and Privacy – Bird does not share personally identifiable information, and uses
industry standard security practices.
• Insurance – Bird has indicated it can provide insurance coverage types and amounts acceptable to
the City and with the City named as an insured.
• Equity – As is the City’s practice, the 2022 application forms were reviewed for equity consideration
prior to publication. Bird’s proposal includes the following:
o Website, call center, and mobile apps are available in 34 languages.
o 50% discount for low income residents, and other groups, and have provided information on
how to obtain the discount.
o A number of alternative payment methods.
o Detail on how to access a scooter without a smartphone.
Financial Or Budget Considerations
There is no cost to the City to approve a micromobility license. The applicant has paid the $250 licensing fee.
Recommended Action
Motion to approve MicroMobilty License for Bird Rides, Inc. in a form approved by the City Attorney.
Supporting Documents
• License Agreement with Bird Rides, Inc. (14 pages)
LICENSE AGREEMENT
MICROMOBILITY VEHICLE SHARING OPERATIONS
THIS AGREEMENT, made as of the 19th day of APRIL, 2022 by and between the City
of Golden Valley, a Minnesota municipal corporation (the “City”) and Bird Rides, Inc. a
Delaware corporation (herein called “Licensee”) (collectively, the “Parties”).
WHEREAS, the City has adopted an ordinance to facilitate and regulate Micromobility
Vehicle Sharing Operations from the City’s Right-of-Way (the “Ordinance”); and
WHEREAS, the City controls certain public rights of way and recreational trails located
within its municipal boundaries (the “City Right-of-Way”); and
WHEREAS, the City Right-of-Way contemplated by this Agreement does not cover areas
that are not controlled by the City, including but not limited to, all streets, roads, trails, or parkways
owned by the Three Rivers Park District, the Minneapolis Park and Recreation Board, and private
property owners; and
WHEREAS, Licensee owns a fleet of commercial, Micromobility Vehicles intended or
equipped for shared use by paying consumers from right-of-way locations in the City; and
WHEREAS, Licensee’s vehicles are Micromobility Vehicles as defined by the
Ordinance; and
WHEREAS, Licensee’s operation requires use of City Right-of-Way to facilitate the
stationing and parking of Licensee’s Fleet within the City, and it is considered a Micromobility
Vehicle Sharing Operation under the Ordinance (“Licensee’s Operation”); and
WHEREAS, Licensee has submitted a written application to the City for a license to
implement Licensee’s Operation under the provisions of the Ordinance;
WHEREAS, Licensee’s license application is incorporated and incorporated herein by
reference (“Licensee’s Application”); and
WHEREAS, allowing Micromobility Vehicle sharing operations to exist in the City
Right-of-Way is likely to promote the public’s health, safety, and welfare by encouraging efficient
and limited use of traditional motor vehicles, thereby reducing traffic volumes, noise, and air
pollution; and
WHEREAS, the City believes Micromobility Vehicle sharing has the potential to help
achieve the City’s goals around transportation mode share, equitable access, physical and
environmental health, and climate change; and
WHEREAS, the City must balance the benefits of Micromobility Vehicle sharing
operations with its duty to keep streets and sidewalks safe, orderly, and free of unregulated
obstructions and encumbrances; and
WHEREAS, this Agreement is intended to outline the terms and conditions under which
Licensee will be allowed to utilize the City Right-of-Way during the term of this Agreement.
NOW, THEREFORE, for and in consideration of the following terms and
conditions, the parties hereto agree as follows:
ARTICLE I. DEFINITIONS
1. Fleet Vehicle means a Micromobility Vehicle that is used by Licensee as part of Licensee’s
Micromobility Sharing Operation.
2. Furnishing Zone means the section of the sidewalk between the curb and the sidewalk clear
zone in which street furnishings and amenities, such as lighting, benches, newspaper kiosks,
utility poles, tree pits, and bicycle parking are provided.
3. Licensee’s Fleet means all Micromobility Vehicles under Licensee’s control that are intended
or equipped for shared use by paying consumers from the City’s Right-of-Way.
4. Micromobility Vehicle has the meaning given to it in Golden Valley City Code, section 24-
53(a)(3).
5. Micromobility Sharing Operation has the meaning given to it in Golden Valley City Code,
section 24-53(a)(4).
6. Sidewalk Clear Zone means the accessible, primary pedestrian thoroughfare that runs parallel
to the street. The clear zone ensures that pedestrians have a safe, obstruction-free
thoroughfare.
ARTICLE II. USE OF CITY RIGHT-OF-WAY
1. Authorization. In accordance with Golden Valley City Code, section 24-53, the City hereby grants a revocable, non-exclusive license to Licensee to implement Licensee’s Operation
within the City Right-of-Way during the term of this Agreement, subject to all of the terms and conditions set forth herein.
This authorization is not a lease or an easement, and shall not be construed to transfer any real
property interest in the City Right-of-Way or other City property.
2. Additional Uses. Licensee expressly understands and agrees that this Agreement does not grant Licensee or its contactors the ability to exclude, or prohibit others from using, the City
Right-of-Way. Licensee further understands and agrees that the City holds its interest in the
City Right-of-Way in trust for the public, and that the City’s uses, needs, and obligations shall
at all times supersede Licensee’s privileges under this Agreement.
ARTICLE III. TERM
The term of this Agreement shall be through January 1, 2023, unless terminated earlier as provided
herein. The License set forth in this Agreement may be revoked or terminated at any time, for any
reason, in the sole discretion of the City upon twenty-four (24) hours written notice by the City to
Licensee. In the event of early termination or revocation, Licensee will be granted a reasonable
period of time in which to collect and remove Licensee’s Micromobility Vehicles, and any other
facilities owned by Licensee, and to restore the City Right-of-Way in accordance with Article VI,
Section 4. The provisions of Article VI, Section 9 herein shall survive revocation or termination
of this Agreement.
ARTICLE IV. TERMS AND CONDITIONS FOR USE OF CITY RIGHT-OF-WAY
Licensee agrees that it will implement Licensee’s Operation in accordance with the following
terms and conditions:
1. Fleet size and type
a. Licensee shall deploy and maintain in service a level of Micromobility Vehicles sufficient to satisfy the demand of the City’s residents and visitors. The City may require Licensee to decrease the number of Micromobility Vehicles in its Fleet at any time.
b. A maximum total of 200 Micromobility Vehicles will be authorized by the City under the Ordinance among all licensees. If more than one license is issued by the City, then each permitted licensee shall be limited to an equal number of Micromobility Vehicles to achieve the maximum total number allowed.
c. Notwithstanding Sections 1(a) and 1(b), the City reserves the right to unilaterally limit or reduce the maximum number of Micromobility Vehicles in Licensee’s Fleet allowed under the Ordinance and this Agreement. If such reduction is related to noncompliance issues governed by this Agreement, then an equivalent reduction may not be applied to separately licensed third parties.
d. The City will notify Licensee of any increases or decreases applicable to Licensee’s Fleet under this section by sending written or emailed notice under Article VI, Section 15 herein. Such increases or decreases shall not require an amendment to this Agreement.
e. Licensee shall distribute its Fleet throughout the City in a manner that accounts for citizen demand and is consistent with the parking requirements of Article IV, Section 3 herein. Licensee shall not deploy Micrombility Vehicles at inappropriate densities and shall monitor its Fleet density at least once every day and relocate vehicles as needed to comply with these density requirements.
2. Fleet Scooter equipment, maintenance, and safety requirements
a. Licensee’s Fleet shall be equipped with equipment meeting all specifications,
including but not limited to brakes, reflectors, and lighting as set forth in Minnesota
State Statute 169.225.
b. Licensee’s Fleet shall be disinfected following CDC COVID-19 guidelines for cleaning and disinfecting porous and non-porous surfaces.
c. Licensee’s Fleet must be certified as safe to operate under any applicable standard by
Underwriters Laboratories, or an equivalent safety rating.
d. Licensee’s Fleet shall have a unique identifier clearly displayed on each device in the form of numbers or letters for the purposes of conveying or documenting parking or
safety complaints, and for auditing the quantity and type of devices in Licensee’s
Fleet.
e. Licensee shall provide a comprehensive inventory of Licensee’s Fleet, including model, type, and unique identifier to the City. Such inventory shall be proactively
updated by the Licensee within five (5) business days, if or when vehicles are added
or removed from Licensee’s Fleet.
f. All vehicles in Licensee’s Fleet shall be equipped with both: a) a locking mechanism to prevent theft; and b) an operable mechanism to provide real-time location when a
device is parked.
g. Licensee shall remain responsible for the maintenance of each vehicle in Licensee’s
Fleet, including but not limited to technology mechanisms, and locking systems.
h. Each vehicle in Licensee’s Fleet must visibly display Licensee’s logo or business
name on both sides of the vehicle, together with a customer service phone number
staffed from at least 7am-10pm on days Licensee’s Fleet is in service on City Right-
of-Way. Licensee’s customer service line shall accept voicemail at all other times to report parking or operational complaints, and safety or maintenance concerns.
i. Licensee shall proactively remove any and all inoperable or unsafe vehicles from
Licensee’s Fleet within 12 hours of the initial onset of such condition.
j. Licensee agrees that it will maintain a multilingual website and mobile application which shall be available to the general public 24 hours per day, 7 days per week,
including certain languages as specified by the City.
k. Licensee’s website and mobile application must be fully accessible to persons with
disabilities and accessible to screen readers, and all aspects of Licensee’s Operation must comply with Section 508 of the United States Workforce Rehabilitation Act of
1973.
l. Licensee agrees that it will provide all users of Licensee’s Fleet of with a summary of
instructions and laws regarding motorized foot scooter riding, parking, and operations including those set forth in Golden Valley City Code Section 26-4, Minnesota State
Statute 169.225, and any other law or regulatory provision applicable to the operation
or parking of Micromobility Vehicles.
m. Licensee agrees that it will either require or recommend the use of helmets to all users of Licensee’s Fleet.
n. Licensee agrees that it will either require or recommend all users of Licensee’s Fleet
sanitize Micromobility Vehicles before and after use.
o. Licensee will keep and maintain a comprehensive and complete record of all Micromobility Vehicle collision reports received by Licensee or its contractor(s)
during the term of this Agreement. The record shall include day, time and location.
A copy of such record shall be provided to the City within two (2) business days of a
written or emailed request.
p. If the City determines, in its sole discretion, that any of Licensee’s consumers or
customers have failed to comply with applicable laws governing the safe operation or
parking of Licensee’s vehicles, including but not limited to, breach of any current or
future laws governing driver’s license requirements, the use of helmets, operation on sidewalks, or parking requirements, or have otherwise demonstrated a threat to public
health, safety, or welfare, such determination shall be grounds for termination of this
Agreement.
3. Fleet Scooter Parking. All devices in Licensee’s Fleet shall comply with the following parking
rules and restrictions when located in the City Right-of-Way:
a. Fleet Vehicles must be parked upright and stabilized when not in use.
b. Sidewalk parking shall be limited to areas within the Furnishing Zone, outside the
pedestrian path of travel.
c. Fleet Vehicles must not be parked in any location or manner that will impede normal and reasonable pedestrian traffic or access to:
i. Pedestrian ramps
ii. Building/property entrances
iii. Driveways iv. Loading zones
v. Disability parking and transfer zones
vi. Transit stops
vii. Crosswalks viii. Parklets
ix. Street/sidewalk cafes
x. Other street furnishings (benches, parking meters, etc.)
xi. Underground utility, sewer, or water facilities xii. Sidewalk Clear Zones
d. Fleet Vehicles shall not be parked in landscaped areas, traffic islands, in the street, in
a manner that obstructs the sightlines of any intersection, or in any place where they
could pose a safety hazard.
e. The City reserves the right to mandate geofencing specifications to Licensee’s Fleet
in order to prohibit parking/locking Fleet Vehicles in specified areas, or to direct users
to specified designated parking areas. Licensee shall comply with any and all
geofencing requirements within 5 business days of a written or emailed request made by the City. The cost of installing and maintaining geofencing equipment or facilities
shall be borne by Licensee.
f. Licensee will be solely responsible for informing its customers as to parking a Fleet
Vehicle properly.
g. Licensee will undertake proactive, reasonable measures to prevent and deter improper
parking or dumping of Fleet Vehicles on private property or other public property not
owned or controlled by the City.
h. The City in, its sole discretion, may require Licensee to rebalance the distribution of Fleet Vehicles in specified areas of the city if deemed too dense or too sparse.
Licensee will comply with all such requests within 24 hours of receiving notice from
the City.
i. In the event the City imposes a “lock-to” requirement, Licensee agrees to abide by and implement the requirement within 10 days of receiving notice by the City.
4. Fleet Vehicle Parking Complaints/Enforcement
a. Licensee must provide the City with an up-to-date, direct, local contact for Licensee’s Operation, as well as an emergency, after-hours contact.
b. Except where the public’s safety and welfare will be unduly compromised, Fleet
Vehicle complaints received by the City shall be referred to Licensee, and Licensee or
Licensee’s authorized representative shall address/respond to all complaints within 24
hours by re-parking or relocating its noncompliant Fleet Vehicles. Licensee alone will be fully responsible for re-parking or relocating Fleet Scooters where a complaint has
been received by the City or Licensee, or where Fleet Scooters are otherwise found to
be in violation of parking rules stated herein.
c. Licensee shall be solely responsible for monitoring Fleet Vehicle parking or dumping on private property, or other public property not owned or controlled by the City, but
the City may impound illegally parked Fleet Vehicles in accordance with City
ordinances. When doing so will not unduly burden the complaining third party, the
City will refer such complaints to Licensee, and Licensee or Licensee’s authorized representative will be provided a limited opportunity to remedy the complaint without
further City involvement.
d. Licensee will be solely responsible to third parties for addressing unauthorized Fleet
Vehicles dumped or left unattended on private property, or on other public property not owned or controlled by the City.
e. Licensee will act swiftly and exercise due diligence in responding to complaints of
unauthorized Fleet Vehicles leaning against, blocking, dumped or left unattended on
private property, or on other public property not owned or controlled by the City.
f. Notwithstanding anything to the contrary herein, if the City determines, in its sole
discretion, that the public’s safety and welfare will be unduly compromised by the
passage of time, the City may take action to remedy any violation or respond to any
complaint at Licensee’s expense. If the City incurs any costs or damages arising out of Fleet Vehicle parking complaints, violations, or other related costs that are not
otherwise recovered with the City’s collection of an impoundment release charge,
Licensee shall reimburse the City for such costs within 30 days of receiving written or
emailed notice.
g. The City may impound any Fleet Vehicle parked in the same location without
movement for more than 7 consecutive days.
h. A per occurrence impoundment fee will be applied to any and all devices owned or
controlled by Licensee as follows:
i. Initial impoundment fee of $56 per device
ii. If not paid for and retrieved by Licensee within 24 hours of impoundment, an
$18 storage fee per device, per day shall be added to the initial impoundment
fee.
i. The City may limit the number of Fleet Vehicles allowed under this Agreement if it
determines that the number of Fleet Vehicle parking violations, third party complaints,
or Licensee’s response to such violations or complaints are unacceptable or
detrimental to public safety, or otherwise create or contribute to a nuisance condition.
j. Licensee expressly understands that the City may impound any and all Fleet Vehicles
found by the City to be in violation of applicable laws or the terms of this License
Agreement. Seizure and impoundment of Fleet Vehicles may be exercised by the City
with or without prior notice to Licensee.
k. Any failure by the City to act on the provisions of this section shall not relieve
Licensee of any other duty or penalty at equity or law.
5. Data Privacy and Protection
a. Licensee’s Operation shall employ an electronic payment system that is compliant
with the Payment Card Industry Data Security Standards (PCI DSS).
b. Licensee has submitted a privacy policy to the City with and as part of Licensee’s
Application (“Licensee’s Privacy Policy”). Licensee’s Privacy Policy shall continue
to expressly limit the collection, storage, or usage of all personally identifiable
information.
c. Licensee may not make the personal data of customers available to any third-party
advertiser or other private entity. This provision includes but is not limited to any of
Licensee’s affiliates, owners, or subsidiaries.
d. Licensee shall not institute retroactive changes to customer conditions, terms of use or Privacy Policy.
e. Licensee’s Privacy Policy must operate to safeguard Licensee’s customers’ personal,
financial, and travel information and usage including, but not limited to, trip
origination and destination data. Licensee agrees to make all policies, procedures and practices regarding Licensee’s data security practices available to the City, upon
request.
f. Licensee must provide its customers with an opportunity to expressly assent to
Licensee’s Privacy Policy, terms of service, and user agreements when renting or transacting for use of any or all of Licensee’s Fleet. Licensee agrees to provide its
customers with the ability or option to decline the sharing of any data that is not
otherwise required to complete the payment transaction. Customer rights with regard
to these requirements and options shall be clearly stated and easily accessed by the customer during each transaction.
g. Licensee agrees that it will not collect or sort personal or individual data related to
race, gender, religion, national origin, age, or sexual orientation.
h. Any and all current or future customer data sharing agreements must be disclosed and provided to the City. License must further notify the City in advance of any
prospective partnership, acquisition or other data sharing agreement. Licensee may
not engage in or facilitate any inter-app operability or other form of private partnership
that includes data acquisition or other data sharing model with any entity if the entity does not meet the standards set forth herein.
6. Data Collection/Sharing
a. Licensee shall keep a record of maintenance activities, including but not limited to Fleet Vehicle identification number and maintenance performed. Licensee will
provide a complete copy of the same to the City upon request.
b. Licensee shall provide reports to the City containing, at a minimum, the performance,
utilization and service metrics indicated in Exhibit A. Licensee shall provide such reports at least monthly and shall cooperate with the City in the collection and analysis
of aggregated data concerning its operations.
c. Licensee shall keep a complete record of all calls and emails received through its
customer service hotline and contact email including telephone wait times, email response times, and the nature of each customer inquiry. Licensee will provide a
complete copy of the same to the City upon request.
d. Licensee agrees that it will provide any and all user or customer data in Licensee’s
possession that is directly or indirectly related to active investigations into third party criminal behavior or claims of civil liability against the City by persons using or riding
a Fleet Vehicle. Notwithstanding any other provision to the contrary, this section (e) shall be deemed to include personally identifiable customer data.
ARTICLE V. PAYMENT TERMS AND CONDITIONS Licensee shall receive no compensation from the City under this Agreement. Licensee shall pay the City an annual flat charge of $250.00 to offset the City’s administrative costs related to implementation and oversight of this License Agreement.
ARTICLE VI. REPRESENTATIONS AND GENERAL CONDITIONS 1. Ownership and Condition of Right-of-Way. This Agreement shall not be construed to transfer
ownership or control of the City’s Right-of-Way to Licensee, or to any other party. The City
makes no representations or warranties concerning the condition of the City Right-of-Way, or its
suitability for use by Licensee, its contractors or customers.
2. Delegation of Police Power. This Agreement does not delegate or otherwise transfer the
City’s police power to regulate Micromobility Vehicles, Licensee’s Operation, or to enforce City
ordinances or other laws, to Licensee, or to any other party. Licensee understands and agrees
that ultimate decisions related to City enforcement against third parties and public compliance
issues, shall remain within the City’s sole discretion.
3. Compliance with Laws. Licensee agrees to comply with all applicable Federal, State, and local
laws as they may be adopted or amended from time to time. Licensee further acknowledges that
its rights hereunder are subject to the lawful exercise of the police power of the City to adopt,
amend, and enforce ordinances, resolutions, and policies designed to promote the safety and
welfare of the public.
4. Removal upon order. Licensee shall remove at once any or all Fleet Vehicles or other property
owned or controlled by Licensee upon being ordered to do so by the City. Licensee shall be
responsible for restoring the City Right-of-Way to its original condition, and the City shall not be
liable for any damages resulting to Licensee by reason of such an order. Such removal and
restoration of the City Right-of-Way will be at the sole expense of Licensee. Upon failure of
Licensee to remove Fleet Vehicles or other property as ordered within a reasonable time period,
the City may perform the removal or work at Licensee’s cost and initiate a claim against Licensee.
5. Non-Discrimination. Licensee shall not:
a. In the hiring of labor or employees for the performance of any work under this
Agreement, by reason of any race, creed, color, national origin, sex, gender identity,
sexual orientation, or disability discriminate against any person who is qualified and
available to perform the work;
b. In any manner, discriminate against, intimidate, or prevent the employment of any
person identified in clause (a) of this section, or on being hired, prevent or conspire to
prevent, the person from the performance of any work under this Agreement on account
of any race, creed, color, national origin, sex, gender identity, sexual orientation, or
disability; or
c. Intentionally refuse to do business with, refuse to contract with, or discriminate in the
basic terms, conditions, or performance of any agreement related to the work to be
performed under this Agreement because of a person’s race, creed, color, national
origin, sex, gender identity, sexual orientation, or disability, unless the alleged refusal
is because of a legitimate business purpose.
6. Insurance. Licensee shall secure and maintain insurance issued by insurance companies acceptable to the City and admitted in Minnesota. The insurance specified may be in a policy or
policies of insurance, primary or excess. Such insurance shall be in force on the date of execution
of the Agreement and shall remain continuously in force for the duration of this Agreement.
Licensee and any sub-contractors carrying out work related to this Agreement shall secure and maintain the following insurance:
a. Workers Compensation insurance that meets the statutory obligations with Coverage
B- Employers Liability limits of at least $100,000 each accident, $500,000 disease -
policy limit and $100,000 disease each employee.
b. Commercial General Liability insurance with limits of at least $2,000,000 general
aggregate, $2,000,000 products-completed operations, $2,000,000 personal and
advertising injury, $100,000 each occurrence fire damage and $10,000 medical
expense any one person. The policy shall be on an occurrence basis, shall include contractual liability coverage and the City shall be named an additional insured.
c. Commercial Automobile Liability insurance covering all owned, non-owned and hired
automobiles with full automobile coverage including damages, contents and vandalism
and limits of at least $1,000,000 per accident.
d. Computer Security and Privacy Liability for the duration of this agreement providing
coverage for, but not limited to, Technology and Internet Errors & Omissions, Security
and Privacy Liability, and Media Liability. Insurance will provide coverage against
claims that arise from the disclosure of private information from files including but not limited to: 1) intentional, fraudulent or criminal acts of the Contractor, its agents or
employees; and 2) breach of the City’s private data, whether electronic or otherwise.
The insurance policy should provide minimum coverage in the amount of $1,000,000
per occurrence and $2,000,000 annual aggregate. If written on a claims-made basis, the policy must remain in continuous effect for at least 3 years after the service is
provided or include a 3-year extended reporting period.
Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of Licensee.
Any policy deductibles or retention shall be the responsibility of Licensee. Licensee shall control
any special or unusual hazards and be responsible for any damages that result from those hazards.
The City does not represent that the insurance requirements are sufficient to protect Licensee’s
interest or provide adequate coverage. Each policy shall be endorsed to state that coverage shall
not be suspended, voided, or cancelled by either party, or reduced in coverage or in limits unless30
days written notice has been given to the City. Each policy shall be endorsed with a waiver of
subrogation in favor of the City and shall be primary, non-contributory to any insurance available
to the City. Any insurance available in excess of the minimum limits required herein shall be
available to the City.
7. Hold Harmless. Licensee agrees to defend, indemnify and hold harmless the City, its officers
and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including
reasonable attorneys’ fees, resulting directly or indirectly from any intentional or negligent act or
omission of Licensee, its employees, its agents, or employees of subcontractors, in the performance
of the operation, work, or services provided by or through this License Agreement, or by reason
of the failure of Licensee to fully perform, in any respect, any of its obligations under this License
Agreement.
8. Limitation of Liability. The City assumes no liability for loss or damage to Licensee’s Fleet
Vehicles or other property or for damages to any third-party or the property of another arising out
of or in any way relating to or resulting from Licensee’s operations. The City shall not be
responsible for providing security for Licensee’s Fleet Vehicles and Licensee hereby waives any
claim against the City in the event Licensee’s Fleet Vehicles or other property are lost or damaged.
9. Maintenance and Care of Property. Licensee expressly agrees to repair, replace or otherwise
restore any part or item of real or personal property that is damaged, lost, or destroyed as a result
of Licensee’s Operation. Should Licensee fail to repair, replace, or otherwise restore such real or
personal property, Licensee shall pay the City’s reasonable costs in making such repairs,
replacements or restorations.
10. Assignment or Transfer of Interest. Licensee shall not assign any obligation or interest in this
Agreement, and shall not transfer any obligation or interest in the same either by assignment or
novation without the prior written approval of the City, provided, however, that claims for money
due or to income due to the Licensee may be assigned to a bank, trust company or other financial
institution, or to a Trustee in Bankruptcy without such approval. Notice of any such assignment
or transfer shall be furnished to the City. Except as provided herein, Licensee shall not subcontract
any services under this Agreement without prior written approval of the City.
11. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be
construed in any manner, as creating or establishing the relationship of employer/employee
between the parties. License shall at all times remain an independent contractor with respect to
the work and/or services to be performed under this Agreement. Any and all employees of
Licensee or other persons engaged in the performance of any work or services required by Licensee
under this Agreement shall be considered employees or sub-contractors of the Licensee only and
not of the City; and any and all claims that might arise, including Worker's Compensation claims
under the Worker's Compensation Act of the State of Minnesota or any other state, on behalf of
said employees or other persons while so engaged in any of the work or services to be rendered or
provided herein, shall be the sole obligation and responsibility of Licensee.
12. Data Practices. Licensee agrees to comply with the Minnesota Government Data Practices
Act and all other applicable state and federal laws relating to data privacy or confidentiality.
Licensee must immediately report to the City any requests from third parties for information
relating to this License Agreement. The City agrees to promptly respond to inquiries from
Licensee concerning data requests. Licensee agrees to hold the City, its officers, and employees
harmless from any claims resulting from Licensee’s unlawful disclosure or use of data protected
under state and federal laws.
13. Inspection of Records. All Licensee records with respect to Licensee’s obligations under this
License Agreement shall be made available to the City or its designees, at any time during normal
business hours, as often as the City deems necessary, to audit, examine, and make excerpts or
transcripts of all relevant data.
14. Ownership of Materials/Intellectual Property. All finished or unfinished documents, data,
studies, surveys, maps, models, photographs, reports or other materials furnished by the City in
connection with this Agreement shall be the property of the City. The City may use, extend, or
enlarge any document produced by the City under this Agreement without the consent, permission
of, or further compensation to Licensee.
Each party acknowledges and agrees that each party is the sole and exclusive owner of all right,
title, and interest in and to its services, products, software, source and object code, specifications,
designs, techniques, concepts, improvements, discoveries and inventions including all intellectual
property rights thereto, including without limitations any modifications, improvements, or
derivative works thereof, created prior to, or independently, during the term of this Contract. This
Agreement does not affect the ownership of each party’s pre-existing, intellectual property. Each
party further acknowledges that it acquires no rights under this Agreement to the other party’s pre-
existing intellectual property, other than any limited right explicitly granted in this Agreement.
15. Contacts. The following are designated as official representatives for each of the Parties,
and as points of contact for purposes of delivering or receiving notice, contract management,
official requests, and all other communication contemplated under this License Agreement:
For the City: Marc Nevinski
mnevinski@goldenvalleymn.gov
(763) 593-8008
7800 Golden Valley Road
Golden Valley, MN 55427
For Licensee: Austin Marshburn
amarshburn@bird.co
1-866-205-2442
406 Broadway #369
Santa Monica, CA 90401
16. Entire Agreement. This License Agreement and attachments and other documents named, is
the entire agreement between the parties. No modification of this Agreement shall be valid or
effective unless made in writing and signed by the parties hereto.
17. Interpretation of Agreement. In interpretation of this Agreement, the language of the
Agreement shall prevail, followed by the language of Licensee’s Application.
18. Venue and Forum. The laws of the State of Minnesota shall govern the interpretation and
enforcement of this Agreement and any actions arising out of or relating to this Agreement shall
be brought in Hennepin County District Court in the state of Minnesota.
19. No Joint Venture. Nothing herein shall be in any way construed as expressing or implying
that Licensee and the City have joined together in any joint venture or are in any manner
agreeing to or contemplating the sharing of profits and losses among themselves in relation to
any matter relating to this Agreement.
IN TESTIMONY WHEREOF, the said parties have signed and executed this instrument the day
and year first above written.
BIRD RIDES INCORPORATED CITY OF GOLDEN VALLEY
By: _________________________________
Print Name: Austin Marshburn
By: _________________________________
Shepard M. Harris, Mayor
By: _________________________________
Timothy J. Cruikshank, City Manager
Exhibit A: Reporting Requirements
The following performance indicators shall be reported to the City at the indicated frequency.
April May June July August Sept Oct Nov Dec Total
Ridership
Average Daily Rides
Average Weekly
Rides
Average Monthly
Rides
Average Trips per
Rider
Average Trips per
Rider per Day
Total First Time
Riders
Average First Time
Rider per Day
Number of Unique
Riders
Trip Data
Average Trip
Distance
Average Trip Time
Average Trips by
Day of Week
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Average Trips by
Hour
0000
0100
0200
0300
0400
0500
0600
0700
0800
0900
1000
1100
1200
1300
1400
April May June July August Sept Oct Nov Dec Total
1500
1600
1700
1800
1900
2000
2100
2200
2300
2400
Total Trips
Complaint | Issue | Accident Report
Please provide a monthly report of complaints, issues, or accidents that occur in Golden Valley,
Minnesota. The report should contain at least the information specified below.
Date/Time Location Description Resolution Date/Time
Golden Valley City Council Meeting
April 19, 2022
Agenda Item
3. E. 3. Approve Deed Conveying Outlot 2, Murri-Mac Industrial Park-Replat to the City of St. Louis Park
Prepared By
Marc Nevinski, Physical Development Director
Summary
The City of Golden Valley owns a parcel (referred to hereafter as Outlot 2) which is fully located within the
Westwood Nature Center, although it is located within the municipal boundaries of Golden Valley. Four
other such parcels in the nature center - owned by St. Louis Park but located within Golden Valley –
surround Outlot 2. The parcel is largely submerged in Westwood Lake with some wetland vegetation along
the northern lot line. Outlot 2 was platted in 1962 as part of the Murri-Mac Industrial Park Addition-Replat
and was deeded to the City of Golden Valley in 1971, likely after falling into tax-forfeiture.
The City of St. Louis Park recently received a grant from the DNR to update the City’s recreational spaces
within the nature center. As a condition of the grant, the DNR requires a covenant be placed on benefiting
parcels to preserve them as outdoor recreational space. Following completion of the work funded by the
grant, and upon realizing the parcel is owned by the City of Golden Valley, the City of St. Louis Park asked
that the City of Golden Valley place such a covenant on Outlot 2.
In looking into this request, Golden Valley staff found that the parcel is surrounded by other parcels within the
nature center which are owned by the City of St. Louis Park, although they are located within the municipal
boundary of Golden Valley. Golden Valley staff found that the City does not need to retain ownership of the
subject parcel, and recommends conveying the property to the City of St. Louis Park via a quit claim deed. The
transfer of property between government agencies is permitted by MN Statutes 465.035.
Financial Or Budget Considerations
There are no budget implications for conveying the parcel to the City of St. Louis Park.
Recommended Action
Motion to authorize the Mayor and City Manager to execute a quit claim deed conveying Outlot 2, Murri-
Mac Industrial Park-Replat to the City of St. Louis Park, in a form approved by the City Attorney.
Supporting Documents
• Map of Subject Parcel (1 page)
• Quit Claim Deed (2 pages)
Parcel Ownership - Westwood Hills
Disclaimer: This is not a legal certificate of survey.
I
Sources: Print Date: 4/13/2022
-Hennepin County Surveyors Office for
Property Lines (2022).
-City of Golden Valley for all other layers.
City of Golden Valley, Three Rivers Park District, Esri, HERE, Garmin, GeoTechnologies, Inc., NGA,
USGS, This map (i) is furnished "AS IS" with no representation as to completeness or accuracy; (ii) is
furnished with no warranty of any kind; and (iii) is not suitable for legal, engineering or surveying
purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this
map.
Parcels
St. Louis Park
Golden Valley
Golden Valley City Limit
0 375 750188
Feet
(Top 3 inches reserved for recording data)
QUIT CLAIM DEED
Business Entity to Business Entity
DEED TAX DUE: $1.70 DATE: April 19, 2022
FOR VALUABLE CONSIDERATION, the City of Golden Valley, a Minnesota municipal corporation (“Grantors”), hereby conveys and
quitclaims to the City of Saint Louis Park, a Minnesota municipal corporation (“Grantee”) any right, title, or interest Grantor may have in and to
certain real property in Hennepin County, Minnesota, legally described as follows:
Outlot 2, Murri-Mac Industrial Park Addition-Replat, Hennepin County, Minnesota
The total amount of consideration is $500.00 or less.
Check here if all or part of the described real property is Registered (Torrens)
together with all hereditaments and appurtenances belonging thereto.
Check applicable box:
The Seller certifies that the Seller does not know of
any wells on the described real property.
A well disclosure certificate accompanies this
document or has been electronically filed. (If electronically filed,
insert WDC number: […].)
I am familiar with the property described in this
instrument and I certify that the status and number
of wells on the described real property have not changed
since the last previously filed well disclosure
certificate.
[Remainder of page intentionally left blank.]
Grantor
By:
Print Name: Shepard M. Harris, Mayor
By:
Print Name: Timothy J. Cruikshank, City Manager
State of Minnesota, County of Hennepin
This instrument was acknowledged before me on _______________________________, 2022, by Shepard M. Harris as Mayor and Timothy
J. Cruikshank as City Manager of the City of Golden Valley, Grantor.
(Stamp)
(signature of notarial officer)
Title:
My commission expires:
(month/day/year)
THIS INSTRUMENT WAS DRAFTED BY:
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD BE SENT TO:
City of Saint Louis Park
5005 Minnetonka Boulevard
Saint Louis Park, MN 55416
Golden Valley City Council Meeting
April 19th, 2022
Agenda Item
3. F. 1. Approve Resolution No. 22-038 Accepting a donation for a park bench to be located
overlooking Cortlawn Pond honoring Chris Wolters.
Prepared By
Rick Birno, Director of Parks & Recreation
Summary
As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City
Council by resolution and be approved by a two-thirds majority of the Council. All donations and grants
must be acknowledged and accepted by motion with a simple majority.
Financial Or Budget Considerations
Not applicable.
Recommended Action
Motion to adopt Resolution No. 22-038 accepting the donation from the Wolters Family for the
addition of a park bench overlooking Cortlawn Pond honoring Chris Wolters.
Supporting Document
• Resolution No. 22-038 accepting a donation of $2,300 from the family of Chris Wolters
for a park bench to be overlooking Cortlawn Pond.
RESOLUTION NO. 22-038
RESOLUTION ACCEPTING THE DONATION OF A PARK BENCH FROM THE
WOLTERS FAMILY FOR CORTLAWN POND
WHEREAS, the City Council adopted Resolution No. 04-20 on March 16, 2004,
which established a policy for the receipt of gifts; and
WHEREAS, the Resolution states that a gift of real or personal property must be
accepted by the City Council by resolution and be approved by a two-thirds majority of the
Council. A cash donation must be acknowledged and accepted by motion with a simple
majority.
NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following
donations on behalf of its citizens:
$2,300 donation from the Wolters family for the addition of a park bench honoring
Chris Wolters to be located overlooking Cortlawn Pond.
Adopted by the City Council of Golden Valley, Minnesota this 19th day of April, 2022.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
Golden Valley City Council Meeting
April 19th, 2022
Agenda Item
3. F. 2. Approve Resolution No. 22-039 accepting a donation for the addition of a new tee box on
regulation course hole #2 at Brookview Golf Course from the Brookview Men’s Golf Association.
Prepared By
Ben Disch, Golf Manager
Rick Birno, Director of Parks & Recreation
Summary
As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City
Council by resolution and be approved by a two-thirds majority of the Council. All donations and grants
must be acknowledged and accepted by motion with a simple majority.
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to adopt Resolution No. 22-039 accepting the donation from the Brookview Men’s Golf
Association for the addition of a new tee box on Brookview regulation course hole #2.
Supporting Document
• Resolution No. 22-039 accepting a donation of $1,000 from the Brookview Men’s Golf Association
for a new tee box on Brookview regulation course hole #2.
RESOLUTION NO. 22-039
RESOLUTION ACCEPTING A DONATION FOR THE CONSTRUCTION OF A NEW TEE
BOX ON BROOKVIEW REGULATION COURSE HOLE #2 FROM THE
BROOKVIEW MEN’S GOLF ASSOCIATION
WHEREAS, the City Council adopted Resolution No. 04-20 on March 16, 2004,
which established a policy for the receipt of gifts; and
WHEREAS, the Resolution states that a gift of real or personal property must be
accepted by the City Council by resolution and be approved by a two-thirds majority of the
Council. A cash donation must be acknowledged and accepted by motion with a simple
majority.
NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following
donations on behalf of its citizens:
$1,000 donation from the Brookview Men’s Golf Association for a
new tee box on Brookview regulation course hole #2.
Adopted by the City Council of Golden Valley, Minnesota this 19th day of April, 2022.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
Golden Valley City Council Meeting
April 19, 2022
Agenda Item
3. F. 3. Approve Resolution No. 22-040 Accepting a Grant for a Physical development Department
Intern from the Minnesota Economic Development Foundation.
Prepared By
Myles Campbell, Planner
Summary
Staff applied for a grant from the Minnesota Economic Development Foundation to help fund the cost
of a community development intern for Summer 2022. The city received notice on April 5th that they
were awarded the grant for $1,000.
Financial Or Budget Considerations
This will offset the total cost for a community development intern by $1,000.
Recommended Action
Motion to adopt Resolution 22-40 accepting a Community-based Intern Grant from the Minnesota
Economic Development Foundation for $1,000.
Supporting Documents
•Resolution No. 22-040 Accepting a Community-based Intern Grant from the Minnesota Economic
Development Foundation
RESOLUTION NO. 22-040
RESOLUTION ACCEPTING A GRANT FOR A PHYSICAL DEVELOPMENT
DEPARTMENT INTERN FROM THE MINNESOTA ECONOMIC DEVELOPMENT
FOUNDATION
WHEREAS, Minnesota Statute 465.03 allows cities to accept grants and donations
of real or personal property for the benefit of its citizens in accordance with the terms
prescribed by the grantor or donor, and,
WHEREAS, the grant is to allow hands-on opportunity for a person interested in the
planning field to gain experience and knowledge with the City of Golden Valley, and
WHEREAS, the Grants Policy states that a gift of real or personal property must be
accepted by the City Council by resolution and be approved by a two-thirds majority of the
Council, and
NOW, THEREFORE, BE IT RESOLVED, that the City Council accepts the following
grant from the Minnesota Economic Development Foundation for up to $1,000.
Adopted by the City Council this 19th day of April, 2022.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
Golden Valley City Council Meeting
April 19, 2022
Agenda Item
3. F. 4. Approve Resolution No. 22-041 Authorizing Submittal of Application and Execution of
Agreements on behalf of United Properties for Minnesota Department of Employment and Economic
Development (DEED) Contamination Cleanup Grant Program
Prepared By
Myles Campbell, Planner
Summary
The DEED Contamination Cleanup Grant Program helps communities with the costs of redeveloping
contaminated sites. City governments must apply for funding on the developer’s behalf. In order to
assist with the redevelopment costs of the Golden Valley Business Center development site (located at
6300 Olson Memorial Highway), staff is seeking authorization from the City Council to apply for a
Contamination Cleanup Grant from DEED on behalf of the developer, United Properties, LLC. This
project will include two office/warehouse buildings that will house office, showroom, R&D, and other
light industrial uses. Cleanup activities would begin later this summer and then be substantially
completed by the summer of 2023. If the grant is awarded, the Physical Development Department of
the City will work with DEED and United Properties, LLC to administer the funds. The developer will be
providing the necessary local match for this grant.
The grant request is for $750,000. These funds would be used for the removal of contaminated soils,
installation of ventilation piping for vapor mitigation, and environmental testing.
If the development fails to substantially provide the public benefits listed in the grant application
within five years from the date the grant is awarded, the City of Golden Valley may be required to
repay 100 percent of the grant amount. To mitigate financial risk to the City, the City will be working
with the developer on a funding agreement, that would shift this liability to the developer and also
establish a procedure for the disbursement of grant dollars from the City to the developer.
Grant applications are due May 1, 2022. Grant funding decisions are expected in the summer of 2022.
The developer allowed to incur cleanup costs over the summer in advance of a fully executed grant
agreement. In this situation, the developer is reimbursed once the award is available.
Financial Or Budget Considerations
City Council Regular Meeting Executive Summary
City of Golden Valley
April 19, 2022
2
Some staff time is required for grant administration. Along with the larger funding agreement, staff
would encourage a deposit agreement be finalized with the developer prior to application in order to
ensure timely reimbursement.
Recommended Action
Motion to adopt Resolution No. 22-041 Authorizing Submittal of Application and Execution of
Agreements on behalf of United Properties for Minnesota Department of Employment and Economic
Development (DEED) Contamination Cleanup Grant Program
Supporting Documents
• Resolution No. 22-041 Authorizing Submittal of Application and Execution of Agreements on
behalf of United Properties for Minnesota Department of Employment and Economic
Development (DEED) Contamination Cleanup Grant Program (2 pages)
RESOLUTION NO. 22-041
RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION AND EXECUTION OF
AGREEMENTS ON BEHALF OF THE GOLDEN VALLEY BUSINESS CENTER FOR
MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT (DEED)
CONTAMINATION CLEANUP GRANT PROGRAM
WHEREAS, the City Council of the City of Golden Valley is the official governing
body of the City of Golden Valley, Minnesota; and
WHEREAS, Contamination Cleanup Grant funds would be used for environmental
remediation in order to create a buildable site for two office/warehouse employment centers
at the former Optum Health Headquarters (6300 Olson Memorial Highway); and
BE IT RESOLVED, that the City of Golden Valley shall act as the legal sponsor for
project(s) contained in the Contamination Cleanup Grant Program to be submitted on May
1, 2022 and that the Mayor is hereby authorized to apply to the Department of Employment
and Economic Development for funding of this project on behalf of the City of Golden
Valley; and
BE IT FURTHER RESOLVED, that the City of Golden Valley is located within the
seven county metropolitan area defined in section 473.121, subdivision 2, and is
participating in the local housing incentives program under section 473.254.
BE IT FURTHER RESOLVED, that the City of Golden Valley has the legal authority
to apply for financial assistance, and the institutional, managerial, and financial capability to
ensure adequate project administration; and
BE IT FURTHER RESOLVED, that the sources and amounts of the local match
identified in the application are committed to the project identified.
BE IT FURTHER RESOLVED, that the City of Golden Valley has not violated any
Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict
of interest or other unlawful or corrupt practice.
BE IT FURTHER RESOLVED, that upon approval of its application by the state, the
City of Golden Valley may enter into an agreement with the State of Minnesota for the
above-referenced project(s), and that the City of Golden Valley certifies that it will comply
with all applicable laws and regulation as stated in all contract agreements.
BE IT FURTHER RESOLVED, that the City of Golden Valley has approved the
Contamination Cleanup grant application submitted to the Department of Employment and
Economic Development (DEED) on May 1, 2022, by the City of Golden Valley for the
Golden Valley Business Center site.
NOW, THEREFORE BE IT FINALLY RESOLVED, that the Mayor and the Clerk, are
hereby authorized to execute such agreements as are necessary to implement the project
on behalf of the applicant.
Adopted by the City Council this 19th day of April 2022.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
Golden Valley City Council Meeting
April 19, 2022
Agenda Item
3. F. 5. Approve Resolution No. 22-042 Authorizing Submittal of Application and Execution of
Agreements on behalf of United Properties for Metropolitan Council Tax Base Revitalization Account
(TBRA) grant funds for contamination cleanup
Prepared By
Myles Campbell, Planner
Summary
The Tax Base Revitalization Account (TBRA) Cleanup Grant Program helps communities with the costs
of redeveloping contaminated sites for purposes of redevelopment. City governments must apply for
funding on the developer’s behalf. In order to assist with the redevelopment costs of the Golden Valley
Business Center development site (located at 6300 Olson Memorial Highway), staff is seeking
authorization from the City Council to apply for grant dollars on behalf of the developer, United
Properties, LLC. This project will include two office/warehouse buildings that will house office,
showroom, R&D, and other light industrial uses. Cleanup activities would begin later this summer
and then be substantially completed by the summer of 2023. If the grant is awarded, the Physical
Development Department of the City will work with the Metropolitan Council and United Properties,
LLC to administer the funds. The grant does not require any local match from the City.
The grant request is for $450,000. These funds would be used for the removal of contaminated soils,
installation of ventilation piping for vapor mitigation, and asbestos abatement within the existing
building as it is demolished.
If the development fails to substantially provide the public benefits listed in the grant application
within three years from the date the grant is awarded (with the potential for a two year extension), the
City of Golden Valley may be required to repay 100 percent of the grant amount. To mitigate financial
risk to the City, the City will be working with the developer on a funding agreement, that would shift
this liability to the developer and also establish a procedure for the disbursement of grant dollars from
the City to the developer.
Grant applications are due May 2, 2022. Grant funding decisions are expected in the summer of 2022.
The developer allowed to incur cleanup costs over the summer in advance of a fully executed grant
agreement. In this situation, the developer is reimbursed once the award is available.
Financial Or Budget Considerations
City Council Regular Meeting Executive Summary
City of Golden Valley
April 19, 2022
2
Some staff time is required for grant administration. Along with the larger funding agreement, staff
would encourage a deposit agreement be finalized with the developer prior to application in order to
ensure timely reimbursement.
Recommended Action
Motion to adopt Resolution No. 22-042 Authorizing Submittal of Application and Execution of
Agreements on behalf of United Properties for Metropolitan Council Tax Base Revitalization Account
(TBRA) grant funds for contamination cleanup
Supporting Documents
• Resolution No. 22-042 Authorizing Submittal of Application and Execution of Agreements on
behalf of United Properties for Metropolitan Council Tax Base Revitalization Account (TBRA) grant
funds for contamination cleanup (2 pages)
RESOLUTION NO. 22-042
RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION AND EXECUTION OF
AGREEMENTS ON BEHALF OF THE GOLDEN VALLEY BUSINESS CENTER FOR
METROPOLITAN COUNCIL TAX BASE REVITALIZATION ACCOUNT (TBRA)
CONTAMINATION CLEANUP GRANT PROGRAM
WHEREAS, the City of Golden Valley is a participant in the Livable Communities
Act's Local Housing Incentives Account Program for 2021 and 2022 as determined by
the Metropolitan Council, and is therefore eligible to make application apply for funds
under the Tax Base Revitalization Account; and
WHEREAS, the City has identified a contamination cleanup project within the
City that meet the Tax Base Revitalization Account’s purposes and criteria and are
consistent with and promote the purposes of the Metropolitan Livable Communities Act
and the policies of the Metropolitan Council’s adopted metropolitan development guide;
and
WHEREAS, the City has the institutional, managerial and financial capability to
ensure adequate project and grant administration; and
WHEREAS, the City certifies that it will comply with all applicable laws and
regulations as stated in the contract grant agreements; and
WHEREAS, the City finds that the required contamination cleanup will not occur
through private or other public investment within the reasonably foreseeable future
without Tax Base Revitalization Account grant funding; and
WHEREAS, the City represents that it has undertaken reasonable and good faith
efforts to procure funding for the activities for which Livable Communities Act Tax Base
Revitalization Account funding is sought but was not able to find or secure from other
sources funding that is necessary for cleanup completion and states that this
representation is based on the following reasons and supporting facts:
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Golden Valley
authorizes the City Manager or his/her designee to submit an application for
Metropolitan Council Tax Base Revitalization Account grant funds and, if the City is
awarded a Tax Base Revitalization Account grant for this project, the City will be the
grantee and agrees to act as legal sponsor to administer and be responsible for grant
funds expended for the project contained in the Tax Base Revitalization grant
application.
Adopted by the City Council this 19th day of April 2022.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
Golden Valley Council Meeting
April 19, 2022
Agenda Item
3. G. Approve Resolution No. 22-043 for Unassigned Fund Balance
Prepared By
Sue Virnig, Finance Director
Summary
The City of Golden Valley seeks to have a good balance in its General Fund in order to have sufficient
reserves for cash flow, projects, and unexpected shortfalls or emergencies. In December 2011, the City
established a formal policy that states the level of fund balance should be maintained at 60 percent of
adopted expenditures in the General Fund. Adequate reserves indicate fiscal prudence and help the
City maintain a high rating with bond-rating agencies, which prefer to see very strong and healthy
balances.
When the fund balance is greater than 60 percent, it shall be reduced to 60 percent by using the excess
funds for long-term debt reduction, specific one-time projects, acquisitions, or transfers to capital
funds to lessen the future impact on the property tax rate. The last few years, Council has had debt
reduction and explore all possible financial tools as financial wellness priorities in their Pyramid of
Success.
In 2021, General Fund had unassigned fund balance of $309,785. Revenues came in under the 2021
Budget by $65,986. Various charges for services were under due to closures, pandemic concerns, and
the market for investments was down. Investments are booked to market at year-end. Although 98%
of the investments remain to maturity this lowered the revenues for the general fund. Expenditures
came in over by $2,133,500. Of that amount $3,450,000 was assigned from 2020 fund balance to pay
off debt.
Staff is recommending the following transfers of unassigned fund balance to help finance one-time
projects: transfer $45,000 to be included with the $70,000 from the ARPA funds to the equipment
replacement fund to replace antiquated technology in the public safety lower-level training room and
$224,499 for Diversity, Equity, Inclusion and Culture programs, police recruitment and Wellness,
Training and Human Resource support.
Financial Or Budget Considerations
The assignment of 2021 fund balance helps fund one time needs that will not increase future budgets
that will also increase the overall tax levy.
City Council Manager Meeting Executive Summary
City of Golden Valley
April 19, 2022
2
Recommended Action
Motion to adopt Resolution No. 22-043 Assigning Fund Balance of $269.499 from the General Fund
Supporting Documents
•Resolution No. 22-043 Assigning Fund Balance
•December 2021 General Fund Financial Reports (2 pages)
RESOLUTION NO. 22-043
RESOLUTION ASSIGNING FUND BALANCE OF $224,499 FOR GENERAL FUND
PROGRAMS AND TRANSFER $45,000 TO THE EQUIPMENT FUND
WHEREAS, the General Fund Reserves meets 60% of 2022 expenditures, and
WHEREAS, per Resolution 11-82 states that staff will review with the Council any
amounts above the 60% and recommend proposed uses of the funds, and
WHEREAS, in 2021, permit revenue was above budget and various expenditures
from various departments in the amount above the 60% is $309,785, and
WHEREAS, the amount of $224,499 will stay in the General Fund to fund the
following: Diversity, Equity, Inclusion and Belonging; Leadership Development; City-Wide
Training; Employee Resource Groups; Equity Data Dashboard; Peace Training; Land
Acknowledgement; and Police Recruitment, and
WHEREAS, the transfer of $45,000 to the Equipment Replacement Fund to fund
technology needs in the Public Safety Building and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley to authorize the transfer of $45,000 from the General Fund to the Equipment
Replacement Fund.
Adopted by the City Council of Golden Valley, Minnesota this 19th day of April 2022.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
Over %
2021 December YTD (Under)Of Budget
Budget Actual Actual Budget Expend.
001 Council $410,650 46,647 373,285 ($37,365)90.90%
003 City Manager 1,105,490 221,789 1,102,027 (3,463)99.69%
004 Transfers Out 2,717,580 0 6,167,580 3,450,000 226.95%(1)
005 Admin. Services 2,289,175 313,259 2,303,690 14,515 100.63%
006 Legal 208,135 447,323 235,233 27,098 113.02%
007 Risk Management 350,000 (61,110)269,420 (80,580)76.98%
011 General Gov't. Bldgs.754,260 104,728 791,568 37,308 104.95%
016 Planning 385,205 70,832 412,822 27,617 107.17%
018 Inspections 827,555 148,099 796,521 (31,034)96.25%
022 Police 6,826,630 1,057,009 6,172,463 (654,167)90.42%
023 Fire 1,693,855 273,504 1,448,740 (245,115)85.53%
035 Physical Dev Admin 330,495 57,047 324,003 (6,492)98.04%
036 Engineering 622,770 92,826 559,124 (63,646)89.78%
037 Streets 2,346,525 301,815 2,305,329 (41,196)98.24%
066 Park & Rec. Admin.872,740 141,353 865,282 (7,458)99.15%
067 Park Maintenance 1,380,865 192,966 1,403,902 23,037 101.67%
068 Recreation Programs 410,765 16,873 135,206 (275,559)32.92%
099 Contingencies 0 0 0 0 (2)
TOTAL Expenditures $23,532,695 $3,424,960 $25,666,195 $2,133,500 109.07%
(1) Transfers were made in July 2021 but made transfer to Equipment Fund in Jan, 2021.
Assignment of Fund Balance -$2,450,000 debt service
Assignment of Fund Balance -$1,000,000 building fund
(2) Contigencies will be reallocated by December 2021.
City of Golden Valley
Quarterly Budget Report - General Fund Expenditures
December 2021 (unaudited)
Division
100.00%
Over %
2021 December YTD (Under)of Budget
Type Budget Actual Actual Budget Received
Ad Valorem Taxes $20,151,285 9,907,936 20,293,722 $142,437 100.71%(1)
Licenses 258,895 248,595 248,595 ($10,300)96.02%
Permits 984,000 140,016 1,373,866 $389,866 139.62%
Governmental Agencies Aid
Police 27,000 0 29,169 $2,169 108.03%
Fire 11,685 1,160 23,516 $11,831 201.25%
Housing 4,280 $4,280
Charges For Services:
General Government 21,260 181 17,780 ($3,480)83.63%
Public Safety 164,350 5,103 57,890 ($106,460)35.22%(4)
Public Works 179,300 28,765 201,379 $22,079 112.31%
Park & Rec 420,300 12,731 239,864 ($180,436)57.07%
Other Funds 766,500 212,670 805,260 $38,760 105.06%
Fines & Forfeitures 165,000 14,720 127,095 ($37,905)77.03%
Interest On Investments 150,000 (63,306)(63,306)($213,306)-42.20%(2)
Miscellaneous Revenue 203,120 19,285 208,743 $5,623 102.77%
Transfers In 30,000 7,500 30,000 $0 100.00%(3)
TOTAL Revenue $23,532,695 $10,535,356 $23,597,853 $65,158 100.28%
Notes:
(1) Payments are received in July, December, and January (delinquencies). First 1/2 is higher due to some full paymen
(2) Investment income allocated at year end.
(3)Transfers are monthly.
(4) No SRO Revenue from ISD 281.
Percentage Of Year Completed
City of Golden Valley
Quarterly Budget Report - General Fund Revenues
December 2021 (unaudited)
Golden Valley City Council Meeting
April 19, 2022
Agenda Item
3. H. Approve Resolution No. 22-044 - Approval of Plat – Sunnyridge Third Addition
Prepared By
Myles Campbell, Planner
Summary
At the April 5, 2022, City Council meeting, the Council held a public hearing on the Preliminary Plat for
the minor lot consolidation of the Sunnyridge Third Addition (428 Sunnyridge Ave N). After the hearing,
the Council approved the Preliminary Plat which will consolidate the two underlying lots into one. The
Final Plat has now been presented to the City. Staff has reviewed the Final Plat and finds it consistent
with the approved Preliminary Plat and the requirements of City Code.
Financial Or Budget Considerations
None
Recommended Action
Motion to adopt Resolution No. 22-044, Approval of Plat – Sunnyridge Third Addition
Supporting Documents
•Resolution No. 22-044, Approval of Plat – Sunnyridge Third Addition (1 page)
•Final Plat of Sunnyridge Third Addition (1 page)
RESOLUTION NO. 22-044
RESOLUTION FOR APPROVAL OF PLAT
SUNNYRIDGE THIRD ADDITION
WHEREAS, the City Council for the City of Golden Valley, pursuant to due notice,
has heretofore conducted a public hearing on the proposed plat to be known as Sunnyridge
Third Addition covering the following described tracts of land:
Lots 318 and 319, GLENWOOD, Hennepin County, Minnesota.
WHEREAS, all persons present were given the opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden
Valley, that said proposed plat be, and the same hereby is, accepted and approved, and
the proper officers of the City are hereby authorized and instructed to sign the original of
said plat and to do all other things necessary and proper in the premises.
Adopted by the City Council this 19th day of April 2022.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
Golden Valley City Council Meeting
April 19, 2022
Agenda Item
3. I. Approve Purchase Agreement for 7901 23rd Avenue North Golden Valley, MN
Prepared By
R.J. Kakach, PE, Assistant City Engineer
Jeff Oliver, PE, City Engneer
Summary
As part of the City’s Municipal Separate Storm Sewer System (MS4) permit with the Minnesota
Pollution Control Agency (MPCA), the City must meet certain stormwater regulations for linear projects
and fully reconstructed impervious surfaces. The City has always been required under the MS4 permit
to manage stormwater and reduce runoff, however, the regulations around linear projects and
reconstructed impervious are new requirements that were recently adopted. The old requirements
were aimed at new impervious only, not fully reconstructed impervious.
This new MS4 requirement has staff looking for creative solutions to treat stormwater runoff on
Pavement Management Program (PMP) projects. The 2022 PMP was already designed when the new
MS4 requirements were adopted, so the first project that will implement the new requirements is the
2023 PMP. Staff identified two vacant lots on the 2023 PMP project area as potential stormwater
treatment facilities. Both lots are located on the corner of Winnetka Avenue and 23rd Avenue. As part
of the design for the 2023 PMP, it was determined that using the south lot only for water quality
improvements would meet the new MS4 requirements for the project. Acquisitions of the 7901 23rd
Avenue property will provide stormwater quality benefits downstream of the 2023 PMP project area
including DeCola Ponds, the Pennsylvania Woods Nature Area, and Bassett Creek. Although the design
for the water quality basin is still in concept form, the idea is to include an open basin with pollinator
habitat consistent with the City’s Natural Resources Management Plan.
Both lots had appraisals ordered, and for the south lot (7901 23rd), staff had information on the
existing soils and floodplain in and around the lot, which is how a fair asking price for the property was
determined. The purchase price for the lot is $87,500, which was determined by taking the appraisal
price and subtracting costs associated with bringing the lot up to a buildable condition. These costs
include flood mitigation, soil corrections, and foundation pilings. As part of the negotiations, it was also
agreed that the City would pay up to $2,000 in closing costs as outlined in the purchase agreement.
Financial Or Budget Considerations
Funding for the purchase of the property will come from the $1,250,000 included in the Storm Sewer
2022 CIP (SS-01).
City Council Regular Meeting Executive Summary
City of Golden Valley
April 19, 2022
2
Recommended Action
Motion to approve the Purchase Agreement for 7901 23rd Avenue North, Golden Valley, MN and
authorize the City Manager to execute the necessary documents to close on the purchase of the
property.
Supporting Documents
• Location Map (1 page)
• Purchase Agreement (11 pages)
2300
2300
7925
7901 7853
2209
7940 7920 2205
23rd Ave N23rd Ave N
Winnetka Ave NWinnetka Ave NI
0 50 10025Feet
7901 23rd Ave N
Print Date: 3/31/2022Sources:-Hennepin County Surveyors Office for Property Lines (2022) & Aerial Photography (2020).-City of Golden Valley for all other layers.I-169Hwy 100Hwy 55
I-394
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PURCHASE AGREEMENT
BEFORE YOU SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH A LAWYER TO
DETERMINE THAT THIS CONTRACT ADEQUATELY PROTECTS YOUR LEGAL RIGHTS.
THIS AGREEMENT is made and entered into as of this ____ day of __________, 2022
(“Effective Date”) by and between Dwayne G. Meier (“Seller”) and the City of Golden Valley, a
Minnesota municipal corporation (hereinafter referred to as “Buyer”).
RECITALS
WHEREAS, Seller is the owner of the real property located at 7901 23rd Avenue North, Golden
Valley, Minnesota, more particularly described on the attached Exhibit A (the “Real Property”), together
with (i) all improvements and Fixtures constructed or located thereon, if any and (ii) all easements, rights
and other interests benefiting or appurtenant thereto (the foregoing, including the Real Property, are
collectively referred to herein as the “Property”). Except as may be expressly provided herein, the term
Property does not include any personal property. For the purposes of this Purchase Agreement, "Fixtures"
are items that are embedded in the Real Property or attached improvements on the Real Property and
cannot be removed without damage to the Real Property.
WHEREAS, Seller desires to sell the Property to Buyer and Buyer desires to purchase the Property
in accordance with the terms and conditions as hereinafter set forth.
NOW, THEREFORE, the parties do hereby agree as follows:
1. Purchase Price. The purchase price (“Purchase Price”) for the Property to be paid by Buyer to
Seller shall be Eighty Seven Thousand Five Hundred and 00/100 Dollars ($87,500.00), in cash or
cash equivalent, on the Date of Closing (defined below), subject to the terms and conditions set
out herein.
2. Closing. The closing of this transaction (the “Closing”) shall take place at Buyer’s offices, or
another mutually agreed upon location on a date selected by Buyer no more than ten (10) days
following the satisfaction or waiver of all of the conditions set forth in Paragraphs 4, 5 and 6 hereof,
or such other date, time and place as is mutually agreeable to the parties hereto (hereinafter referred
to as “Date of Closing”).
3. Representations and Warranties of Seller. Seller does hereby covenant, warrant and represent to
Buyer and agree with Buyer as follows:
A. Seller has good, marketable, title to the Property of record.
B. The conveyance of the Property pursuant hereto will not violate any applicable statute,
ordinance, governmental restriction or regulation, or any private restriction or agreement.
C. There is no litigation pending, or to the best knowledge of Seller, investigation,
condemnation or proceeding of any kind threatened against the Seller which may have a
material adverse effect upon the Property.
D. There are no outstanding or unpaid claims, actions, or causes of action related to any
transaction or obligation entered into or incurred by Seller with respect to the Property prior
to the Effective Date. Seller has not used the Property for the storage or disposal of any
2
hazardous substance as defined in Minnesota Statutes 115B.02, subdivision 8 and Seller
has no knowledge or belief that any other person has so used the Property. Seller knows
of no hazardous substances or petroleum products having been placed, stored, or released
from or on the Property by any person in violation of any law.
F. Seller is not a “foreign person” (as defined in Section 1445(f)(3) of the Internal Revenue
Code and regulations issued thereunder).
G. Except as otherwise provided herein, there are no deferred real estate taxes, including
“Green Acres” taxes under Minnesota Statute 273.11, payment of which is required upon
Closing.
H. Seller does not know of any “Wells” on the Real Property within the meaning of Minnesota
Statutes 103I.
I. There are no public improvements (water, sewer, sidewalk, street, alley, curbing, etc.)
affecting the Real Property which are in progress and for which assessments may be levied
after Closing, and Seller has no knowledge of any planned improvements which may result
in assessments against the Property.
J. Seller has not entered into any other contracts, agreements or understandings, whether oral
or written, for the sale of all or any portion of the Property, and there are no existing rights
of first refusal or options to purchase all or any portion of the Property, or any other rights
that might prevent the consummation of this Agreement.
K. There are no: (i) contracts, leases, private restrictions or agreements with any public
authority that will affect the uses that may be made of the Property, except for building and
zoning codes; (ii) agreements to subject architectural plans to an association or other group;
(iii) provisions requiring improvements; (iv) provisions requiring the joining of others in
group actions; or (v) restrictions imposed on the Property due to its historical significance.
L. Seller has not received any notice of any pending condemnation, eminent domain or other
similar action, suit or proceeding that would affect the Property, and to the best of Seller’s
knowledge, after due inquiry, there are no such proceedings pending or threatened against
the Property.
M. To the best of Seller’s knowledge after due inquiry, no above ground or underground tanks
or individual sewage treatment system on, located under, or serving in or about the Real
Property, nor have any been located under, in or about the Real Property which have been
removed or filled.
N. To the best of Seller’s knowledge after due inquiry, the improvements on the Real Estate,
if any, are entirely within the boundary lines of the Real Estate.
O. Seller has not received any notice regarding diseased trees affecting the Property.
P. To Seller’s knowledge, no Methamphetamine production has occurred on the Property.
Q. Seller shall enter into an agreement with Buyer regarding release, payment and assignment
of relocation benefits under Minn. Stat. 117.187 on or prior to Closing Date in the form
attached hereto as Exhibit C.
3
Seller hereby agrees that the truthfulness of each of said representations and warranties and all
other representations and warranties herein made in a condition precedent to the performance by
Buyer of Buyer’s obligations hereunder; and that the said representations and warranties shall be
true as of the Effective Date and on the Date of Closing. Upon the breach of any thereof, Buyer,
prior to the Date of Closing, may declare this Agreement to be null and void, or Buyer may elect
to close this sale. If Buyer elects to declare this Agreement null and void, neither party shall have
any rights or obligations hereunder. Seller shall indemnify Buyer, its successors and assigns,
against, and shall hold Buyer, its successors and assigns, harmless from, any costs, expenses or
damages of any kind or nature, including reasonable attorneys’ fees, which Buyer may incur
because of any breach, or claim of breach, of any of the representations and warranties herein
contained, whether prior to or after the Date of Closing. While Buyer will advise Seller at Closing
of any breach within Buyer’s actual knowledge, consummation of this Agreement by Buyer with
knowledge of any such Breach shall not be deemed a waiver or release by Buyer of any claims
hereunder due to such breach. All warranties, representations and indemnifications herein
contained shall survive Closing for the benefit of Buyer.
4. Title. Buyer shall, at Buyer’s sole expense and within a reasonable time after the Effective Date,
examine the title of the Property. Within forty-five (45) days after the Effective Date, Buyer shall
make any title objections (“Objections”), which Objections shall be made in writing to Seller.
Buyer shall be deemed to have automatically made Objections to any mortgage, judgment, tax
lien, mechanic’s lien and any other monetary lien against the Property (collectively, “Monetary
Liens”). Any other matter disclosed by the Buyer’s examination and not timely objected to by
Buyer shall be a “Permitted Encumbrance” hereunder. Seller will have thirty (30) days after
receipt of the Objections (the “Cure Period”) to cure the Objections, during which the Closing
will be postponed as necessary; provided, however, that Seller shall pay Monetary Liens out of
proceeds from Closing on the Closing Date if they are not satisfied prior thereto. If the Cure Period
expires prior to the Closing Date, Buyer shall have the right to extend the Cure Period to the
Closing Date. Seller shall use reasonable efforts to correct any Objections, and Buyer may waive
any Objections not cured prior to Closing. If Seller shall fail to have such Buyer’s Objections
removed or satisfied in accordance with the terms hereof, Buyer may, at its sole election:
i. terminate this Agreement without any liability on its part;
ii. if the objections are liens that may be removed by the payment of sums of money,
discharge any such liens and take title to the Property pursuant to the terms of this
Agreement, and deduct the same from the cash due and payable to Seller on the
Closing Date;
iii. delay the Closing until the objections are removed or satisfied; or
iv. waive the objections and close this transaction.
5. Buyer’s Investigation. It is expressly understood by Seller that, during the term of this Agreement,
Buyer intends to undertake preliminary investigation of the Property. The parties hereto covenant
and agree relative thereto as follows:
A. From and after the date hereof, Buyer, and its representatives, shall have the right to enter
upon the Property for the purpose of surveying, conduct soil tests thereon, and making such
other physical inspection thereof as Buyer deems necessary or appropriate; provided,
however, that in the course of such activities, Buyer shall make no permanent visible
4
improvements to the Property prior to the Date of Closing. In the event Buyer fails to close
its acquisition of the Property, copies of the foregoing shall be made available to Seller at
no cost.
B. Buyer shall not suffer or permit any mechanics’ liens to attach to or be filed against or upon
the Property or any part thereof; as a result of Buyer’s activities or investigations at the
Property; provided, however, that Buyer shall have the right to contest the validity or
amount of any such liens, if Buyer shall give reasonable security (not to exceed one and
one-half times the amount of each lien) as may be demanded by Seller to insure payment
thereof and to prevent forfeiture of the Property by reason of such nonpayment. Upon final
determination of such lien or liens, Buyer shall pay any judgment rendered from the
security provided, and any additional funds as needed.
C. Minnesota Statutes, Sections 513.52 to 513.60, regarding the Property, are not applicable.
6. Conditions Precedent to Closing by Buyer. All obligations of Buyer under this Agreement are
subject to the following contingencies, each of which must be, in Buyer’s sole discretion, satisfied
on or before sixty (60) days after the Effective Date (the “Contingency Date”). Only Buyer may
waive any of the following contingencies.
A. All of the representations and warranties by Seller contained in paragraph 3 hereof shall be
true and correct as of the Date of Closing.
B. Seller shall have fully complied with and performed the conditions and agreements on its
part required by the terms hereof.
C. Buyer shall have obtained all requisite consents or approvals required by any applicable
statute, ordinance, governmental restriction or regulation, or private restriction or
agreement applicable to the Property or the purchase thereof, in manner satisfactory to
Buyer.
E. Buyer shall have the right to inspect the Property, and Buyer shall be satisfied, in its sole
discretion, with these inspections and matters or conditions disclosed thereby.
G. Buyer shall have determined that all title and survey matters with respect to the Property
are acceptable to Buyer.
If any of the foregoing contingencies are not satisfied by the Contingency Date, Buyer shall have
the right to terminate this Agreement. Buyer shall also have the right to unilaterally waive any
condition herein set forth and proceed to close. In the event Buyer desires to terminate this
Agreement by reason of the failure of any one or more of the conditions above set forth, it shall
do so by serving written notice to Seller, and this Agreement shall thereafter be null and void.
7. Real Estate Taxes, Special Assessments and Prorations. On the Date of Closing, the following
prorations shall be made:
A. The real estate taxes and special assessments due and payable in all years prior to the year
of Closing shall be paid in full by Seller.
B. Seller shall be responsible for payment of the real estate taxes equal to an amount that is
the fraction of the real estate taxes the numerator which is the number of days from January
5
1, 2018, to the Date of Closing and the denominator of which is the number of days in the
full year. For purposes of this paragraph, the phrase “real estate taxes due and payable” in
a given year includes any installments of special assessments due and payable in that year
C. Seller shall pay all state deed tax payable as a result of this transaction.
D. Seller shall pay any outstanding utility bills that affect the Property.
E. Seller will pay the cost of recording all documents necessary to place record title for the
Property in the condition required by Seller under this Agreement.
8. Obligations of Seller at Closing. At Closing, Seller shall do the following:
A. Deliver to Buyer a warranty deed (“Warranty Deed”) duly executed and acknowledged
by Seller, in recordable form, conveying to Buyer good and marketable title to the Property
free and clear of all liens, encumbrances, covenants, conditions, restrictions, rights-of-way,
easements and any other matters affecting title except for such matters as have been waived
by Buyer in writing as Permitted Encumbrances.
B. Deliver to Buyer its Affidavit, duly executed and acknowledged by Seller, in customary
form, relative to judgments, federal tax liens, mechanic’s liens and outstanding interests in
the Property.
C. Pay or cause the payment of any other sum required to be paid by Seller pursuant to this
Agreement.
D. Deliver to Buyer a certificate, in form and substance satisfactory to the parties hereto and
their counsel, properly executed by Seller containing such information as shall be required
by the Internal Revenue Code, and the regulations issued thereunder, in order to establish
that Seller is not a “foreign person” (as defined in Section 1445(f)(3) of such Code and
such regulations).
E. Execute and deliver a Well Disclosure Statement, properly executed and in recordable
form, disclosing any wells existing on the Property or, if no wells, a statement to that effect
on the Personal Representative’s Deed.
F. Subject to the rights of the Seller to rent back the Property under the Rent Back Agreement,
remove all personal property from the Property and all debris from the Property.
G. Execute and deliver such additional documents as are reasonably necessary to consummate
the transactions contemplated by this Agreement.
H. Deliver to Buyer a certificate a Designation Agreement designating the “reporting person”
for purposes of completing Internal Revenue Form 1099 and, if applicable, Internal
Revenue Form 8594.
I. If the Real Property contains or contained a storage tank, an affidavit with respect thereto,
as required by Minnesota Statute 116.48.
J. Pay all utilities due as of the Date of Closing and provide evidence thereof that may be
requested by Buyer.
6
K. All other documents reasonably determined by Buyer to be necessary to transfer the Real
Property to Buyer free and clear of all encumbrances.
9. Obligations of Buyer at Closing. Subject to the full, complete and timely performance by Seller
of its obligations hereof, Buyer shall do the following:
A. Deliver to Seller the Purchase Price in the manner set forth in Paragraph 1 hereof.
B. Pay or cause the payment of:
i. any sum required to be paid by Buyer pursuant to this Agreement; and
iii. filing fee to record the Warranty Deed.
10. Buyer’s Inspection. The Buyer may inspect the Property prior to closing, upon 24 hour notice to
Seller to determine that the condition of the Property is as warranted. In the event the Property is
not as warranted this agreement shall become null and void, at the Buyer’s option, and all monies
paid hereunder shall be refunded to Buyer.
7
11. Closing Costs. The costs of closing, if not determined by other provisions of this Agreement shall
be paid as follows:
A. Seller’s Costs. Seller shall pay the following costs at closing:
(1) Document preparation costs, recording fees, and deed taxes for documents necessary to
establish good and marketable title in Seller.
(2) Document preparation costs, certified copy fees, and recording fees to establish the
authority of the person acting on behalf of Seller.
(3) Document preparation costs for Seller’s deed, Certificate of Real Estate Value, Seller’s
affidavit, Well Disclosure Certificate (if required), and any other documents necessary to
transfer good and marketable title by Seller’s deed.
(4) Deed tax on Seller’s deed and any Agricultural Conservation deed tax charged under Minn.
Stat. § 40A.152.
(5) Fees payable to Seller’s lawyer or to a title closer for conducting the title transfer portion
of the closing. If Seller is not providing a lawyer or title closer for the title transfer portion
of the closing, then Seller shall pay one half of the closer’s fee.
B. Buyer’s Costs. Buyer shall pay the following at closing:
(1) Document preparation costs, recording fees, and mortgage registry taxes for documents
necessary for Buyer’s mortgage financing, if any.
(2) Document filing fee for a Well Disclosure Certificate, if applicable.
(3) Any Agricultural Conservation deed tax on Buyer’s mortgage deed charged under Minn.
Stat. § 40A.152.
(4) Loan closer’s fee, if any.
(5) Recording fee for deed, contract for deed, or other instrument of conveyance where Buyer
is the grantee.
(6) And also the following costs: Up to $2,000 toward Buyer’s broker fee.
12. Remedies.
A. In the event Seller shall fail to consummate the sale of the Property for any reason except
the default of Buyer, Buyer may terminate this Agreement and may enforce specific
performance of this Agreement, as permitted by law, within six (6) months from the time
such cause of action arose.
B. In the event Buyer shall fail to consummate the purchase of the Property for any reason
except for the default of Seller or the failure of a condition precedent, Seller may, as its
sole remedy, terminate this contract as provided in Minnesota Statue 559.21.
8
13. Notices. All notices to be given by either party to the other hereunder shall be in writing, addressed
as follows and deemed to have been given (a) if delivered by hand, upon personal delivery, (b) if
delivered by overnight courier service, one (1) business day after delivery to such courier service,
and (c) if delivered by mail, three (3) business days after deposit in the mail:
If to Buyer: City of Golden Valley
Attn: Jeff Oliver
7800 Golden Valley Road
Golden Valley, MN 55427
mnevinski@goldenvalleymn.gov
Copy to:
Maria Cisneros, City Attorney
7800 Golden Valley Road
Golden Valley, MN 55427
mcisneros@goldenvalleymn.gov
If to Seller: Dwayne G. Meier
517 West River Parkway
Champlin, MN 55316
14. Miscellaneous.
A. This Agreement shall inure to the benefit of, and be binding upon, the heirs, administrators,
successors and assigns of the parties hereto.
B. This Agreement shall not be construed more strictly against one party than against the
other, merely by virtue of the fact that it may have been drafted or prepared by counsel for
one of the parties, it being recognized that both Buyer and Seller have contributed
substantially and materially to the preparation of this Agreement.
C. The parties agree to mutually execute and deliver to each other, at Closing, such other and
further documents as may be reasonably required by counsel for the parties or any title
insurer, to carry into effect the purposes and intents of this Agreement.
D. The parties hereto do hereby acknowledge that time is of the essence of each and every
term and condition of this Agreement.
E. All of the covenants, representations and warranties of this Agreement, or in any schedule,
exhibit, certificate, or document delivered in connection with this Agreement will survive
and be enforceable after the Closing.
F. This Agreement may be executed in any number of counterparts and each such counterpart
shall be deemed to be an original instrument, but all such counterparts together shall
constitute but one Agreement.
G. If any provision of this Agreement in invalid or unenforceable, such provision shall be
deemed to be modified to be within the limits of enforceability or validity, if feasible;
however, if the offending provision cannot be so modified, it shall be stricken and all other
provisions of this Agreement in all other respects shall remain valid and enforceable.
H. The Recitals contained in this Agreement are hereby incorporated as material
representations and terms of this Agreement
15. Condemnation. If, prior to Date of Closing, any governmental entity commences any eminent
domain proceedings (“Proceedings”) against all or any part of the Property, Seller shall
9
immediately give notice to Buyer of such fact, and at Buyer’s option (to be exercised by notice to
Seller within thirty (30) days after Seller’s notice), this Agreement shall terminate. Upon such
termination, neither Seller nor Buyer shall have any further rights or obligations under this
Agreement. If Buyer does not give such notice, then there shall be no reduction in the purchase
price, and Seller shall assign to Buyer at the Closing all of Seller’s right, title, and interest in and
to any award made or to be made in the Proceedings. Prior to the Date of Closing, Seller shall not
designate counsel, appear in, or otherwise act with respect to the Proceedings without Buyer’s
prior written consent.
16. Executory Period. During the period from the date hereof through the Date of Closing (the
“Executory Period”), Seller shall keep and maintain the Property in a reasonable safe condition.
Seller shall not alter or damage any part of the Property. Seller shall bear the risk of loss or damage
to the Property through the Executory Period. However, during the Executory Period, Seller shall
not execute or amend any contracts, leases, or other agreements regarding the Property that are not
terminated prior to the Closing Date, nor perform any act that would impair or encumber the title
to the Property, without the prior written consent of Buyer.
17. Possession. Subject to the rights of the Seller to rent back the Property under the Rent Back
Agreement, Seller agrees to deliver possession of the Property no later than the Date of Closing
provided all conditions of this agreement have been complied with.
18. City Council Approval. Notwithstanding anything to the contrary herein, the Buyer’s purchase of
the Property contemplated herein is subject to the approval of the City of Golden Valley City
Counsel.
[Signatures begin on next page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day
and year first above written.
Seller:
______________________________________
Dwayne G. Meier
Buyer:
Buyer does hereby agree to purchase the Property for
the price and upon the terms set forth above, and
subject to all conditions herein expressed, and
subject to the approval of the Golden Valley City
Council.
City of Golden Valley, a Minnesota municipal
corporation
By:
Timothy J. Cruikshank, City Manager
EXHIBIT A
Legal Description for Property
The Property located at 7901 23rd Avenue North, Golden Valley in the County of Hennepin, State of
Minnesota with the County Tax PID No. 3011821140042, and legally described as follows:
Lot 1, Block 1, E.A. Anderson’s Addition, Hennepin County, Minnesota.
Golden Valley City Council Meeting
April 19, 2022
Agenda Item
6. A. First Consideration of Ordinance No. 738 Amending the 2022 Master Fee Schedule for Outdoor
Service Areas in Targeted Zoning Districts
Prepared By
Sue Virnig, Finance Director
Summary
Staff will be presenting the first consideration of a fee for outdoor service areas in targeted zoning
districts. Council approved an Ordinance Amending Chapter 113: Zoning to Allow for Outdoor Service
Areas in Targeted Zoning Districts on March 15, 2022. An additional ordinance must be adopted to
amend the 2022 Master Fee Schedule that was approved by Council on November 3, 2021. The
approval of Ordinance No. 738 will allow for new application and renewal fees to be charged. Staff is
recommending a $200 application fee and $100 annual renewal fee.
Financial Or Budget Considerations
The application fee covers staff time working with the facility.
Recommended Action
Motion to adopt First Consideration, Ordinance No. 738 Amending the 2022 Master Fee Schedule for
Outdoor Service Areas in Targeted Zoning Districts Fees.
Supporting Documents
• Ordinance No. 738 Amending the 2022 Master Fee Schedule for Outdoor Services Areas in
Targeted Zoning districts Fees (1 page)
ORDINANCE NO. 738
AN ORDINANCE AMENDING THE CITY CODE
Amending the 2022 Master Fee Schedule for
Certain Fees for Outdoor Service Areas in Targeted Zoning Districts
The City Council for the City of Golden Valley hereby ordains:
Section 1. The City Code requires that certain fees for City services and licenses
be established from time to time by the City Council.
Section 2. The 2022 Master Fee Schedule of the City Code is hereby amended by
adding the following new fees for Outdoor Service Areas In Targeted Zoning Districts:
Outdoor Service Area in Targeted Zoning $200
Districts Application
Renewal Fee $100
Section 3. This ordinance shall take effect from and after its passage and
publication as required by law.
First Consideration April 19, 2022
Second Consideration May 3, 2022
Date of Publication May 12, 2022
Date Ordinance takes effect May 12, 2022
Adopted by the City Council this 3rd day of May 2022.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
REVIEW OF COUNCIL CALENDAR
Event Event Time Location
APRIL
Thursday, April 21
League of Women Voters Golden Valley Annual Meeting 6:30 PM - 8:30 PM Brookview
Friday, April 22
PRISM Volunteer Luncheon 12:00 PM - 1:30 PM PRISM
1220 Zane Ave N
Saturday, April 23
Run the Valley 7:45 AM Brookview
One Good Deed Community Service Group - Earth Day Clean Up
Event 12:00 PM - 4:00 PM Meet at 1315 Valders Ave N
Thursday, April 28
Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid
Brookview - Valley View Room
Board/Commission Recognition Dinner 5:30 PM Brookview
MAY
Tuesday, May 3
City Council Meeting 6:30 PM Hybrid - Council Conference Room
Wednesday, May 4
Zane Avenue/Lindsay Street Reconstruction Open House 2:30 PM - 6:30 PM Brookview
Wirth Lake Room
Tuesday, May 10
HRA Work Session 6:30 PM Hybrid - Council Conference Room
Council Work Session 6:30 PM Hybrid - Council Conference Room
Tuesday, May 17
City Council Meeting 6:30 PM Hybrid - Council Conference Room
Thursday, May 19
Trivia Night Fundraiser for Struthers Parkinson’s Center 5:30 PM Chester Bird Post 523
American Legion, 200 Lilac Dr N
Thursday, May 19
Building An Equitable Golden Valley Quarterly Conversation:
Environmental Justice 6:00 PM - 7:15 PM Virtual Event
Saturday, May 21
Celebrating Women-Owned Businesses Expo 10:00 AM - 2:00 PM Church of the Sacred Heart
4087 West Broadway Ave, Robbinsdale
Thursday, May 26
Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid
Brookview - Valley View Room
Monday, May 30
City Offices Closed for Observance of Memorial Day
JUNE
Tuesday, June 7
City Council Meeting 6:30 PM Hybrid - Council Conference Room
Tuesday, June 14
Council Work Session 6:30 PM Hybrid - Council Conference Room