06-07-22 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 2451 838 4154. 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 2451 838 4154. Press *3 to raise
your hand during public comment sections.
1. Call to Order
A. Pledge of Allegiance and Land Acknowledgement Pages
B. Roll Call
C. Proclamation Honoring LGBTQ+ Month – June 1-30, 2022 3-5
D. Proclamation Observing June 19th as Juneteenth Freedom Day 6-7
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 City Council Meeting Minutes – Regular Meetings of 2022 – January 4,
February 2 and 15, March 1 and 15, April 5, and May 3
8-46
B. Approval of Check Register 47
C. Licenses:
1. Grant Gambling License Exemption and Waiver of Notice Requirement – Sons of the
American Legion Post 523
48
2. Approve 2022-2023 Liquor License Renewals 49-50
3. Approve New Multi-Family Rental Property License at The Xenia 51
June 7, 2022 – 6:30 pm
Council Conference Room
Hybrid Meeting
City of Golden Valley City Council Regular Meeting
June 7, 2022 – 6:30 pm
2
D. Bids, Quotes and Contracts:
1. Approve Professional Services Agreement with Quetica, LLC for the City Hall Boiler
Replacement Project #22-16
52-65
2. Authorize Agreement Amendment for Custodial Services with Stratus Building
Solutions
66-68
3. Authorize Agreement for Bassett Creek Streambank Stabilization Project #22-15
with ISG
69-100
4. Award and Authorize Agreement for Winnetka Avenue Pedestrian Flasher Project
#10-15 Contract to Pember Companies, Inc.
101-106
5. Award and Authorize Contract for Miscellaneous Traffic Signal Modification Project
#22-12 to Killmer Electric
107-118
6. Adopt Resolution No. 22-054 Requesting Variance from Standards for State Aid
Operations for Olson Memorial Frontage Road on Douglas Drive and Trunk Highway
55 Underpass Project
119-121
7. Approve Agreement with Police Assistants Chiefs Union (LELS Local #485) 122
8. Approve Proposed PERA Settlement Agreement 123
9. Approve Law Enforcement Services Agreement with Hennepin County Sheriff’s
Office
124-133
E. Adopt Resolution No. 22-055 Entering into Host Site Agreement with Minnesota Pollution
Control Agency
134-146
F. Authorize First Amendment to the Agreement with the Center for Energy and
Environment to Perform Home Energy Squad Visits
147-153
4. Public Hearing
A. Adopt Resolution No. 22-056 to accept the Municipal Separate Storm Sewer System
General Permit, Storm Water Pollution Prevention Program, 2021 Annual Report to the
Minnesota Pollution Control Agency
154-186
B. Adopt Resolution No. 22-057, Outdoor Service Area Permit (OSA-1) to Allow for Outdoor
Dining at 7345 Country Club Drive
187-206
C. Consideration of Preliminary Plan for Minor Subdivision at 7324 Harold Avenue North 207-226
D. Adopt Ordinance No. 739, Zoning Code Text Amendment – Expanding Allowed Temporary
Mobile Retail and Service Uses
227-244
5. Old Business
6. New Business
All Ordinances listed under this heading are eligible for public input.
A. Review of Council Calendar 245
B. Mayor and Council Communications
1. Other Committee/Meeting updates
7. Adjournment
Golden Valley City Council Meeting
June 7, 2022
Agenda Item
1. C. Proclamation Honoring LGBTQ+ Month – June 1-30, 2022
Prepared By
Tim Cruikshank, City Manager
Summary
June is celebrated as celebrated as Lesbian, Gay, Bisexual, Transgender, Queer (LGBTQ+) Pride
Month. The purpose of the month is to recognize the contributions made by members of the
LGBTQ+ community and to actively promote the principles of equality, liberty, and justice. The
proclamation also calls upon the entire community to work together to promote equal rights and
eliminate prejudice everywhere it exists.
Supporting Documents
• Proclamation Honoring LGBTQ+ Month – June 1-30, 2022 (2 pages)
CITY OF GOLDEN VALLEY
PROCLAMATION HONORING LGBTQ+ PRIDE MONTH
JUNE 1 - 30, 2022
WHEREAS, the month of June is celebrated as Lesbian, Gay, Bisexual,
Transgender, Queer (LGBTQ+) Pride Month, commemorating the historic 1969
Stonewall Riots in New York City and the first Pride march in New York in June 1970;
and
WHEREAS, Pride Month brings awareness to historic and present day
discrimination, harassment, and violence toward individuals who identify as LGBTQ+;
and
WHEREAS, Pride Month affirms the dignity, equal rights and visibility of
individuals who identify as LGBTQ+; builds community, and celebrates sexual identity
diversity and gender variance; and
WHEREAS, LGBTQ+ people have made, and continue to make, great and
lasting contributions that strengthen the fabric of society; and
WHEREAS, the City of Golden Valley Welcome Statement asserts all people
deserve to live with dignity and respect, free from fear and violence, and protected
against discrimination, regardless of their gender identity or sexual orientation; and
WHEREAS, celebrating Pride Month influences awareness and provides support
and advocacy for the LGBTQ+ community, and is an opportunity to take action and
engage in dialogue to strengthen alliances, build acceptance, and advance equal rights;
and
WHEREAS, the City of Golden Valley includes the LGBTQ+ community as a part
of its commitment to diversity, equity, and inclusion; and
WHEREAS, on July 30, 2013, the City of Golden Valley Human Rights
Commission passed Resolution No. 13-1 Acknowledging the Minnesota Marriage
Equality Act of 2013; and
WHEREAS, on March 4, 2020, the City of Golden Valley passed a Proclamation
Opposing the Practice of Conversion Therapy; and
WHEREAS, the City of Golden Valley calls upon the community to work together
to promote equal rights and eliminate prejudice everywhere it exists.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Golden Valley does hereby proclaim June 2022 as LGBTQ+ Pride Month and call upon
the people of Golden Valley to recognize the contributions made by members of the
LGBTQ+ community and to actively promote the principles of equality, liberty, and
justice.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of
the City of Golden Valley to be affixed on this 7th day of June, 2022.
___________________________
Shepard M. Harris, Mayor
Golden Valley City Council Meeting
June 7, 2022
Agenda Item
1. D. Proclamation Observing June 19th as Juneteenth
Prepared By
Kiarra Zackery, Equity and Inclusion Manager
Theresa Schyma, City Clerk
Summary
For more than 150 years, Black Americans celebrate June 19, or Juneteenth, as Freedom Day in
recognition of the end of slavery. Although President Abraham Lincoln ratified the Emancipation
Proclamation to abolish slavery on January 1, 1863, slaveholders in Texas withheld information of
abolition from enslaved Black Americans until Union troops shared the news on June 19, 1865. As word
spread Black Americans nationwide collectively celebrated their freedom and called the celebration
Juneteenth, a combination of June and Nineteenth. Black communities across the nation still celebrate
and recognize Juneteenth Freedom Day, as the end of slavery. The proclamation calls for the
recognition of June 19 as Juneteenth Freedom Day and the continued commitment to dismantle
oppressive systems impacting the descendants of formerly enslaved Black Americans.
The week of June 13 – June 19, 2022, the City of Golden Valley will support community celebrations of
Juneteenth like the Kumbayah! Play and conversation facilitated by Sweet Potato Comfort Pie and
conduct interviews of Black-owned businesses and Black business owners in Golden Valley.
Financial Or Budget Considerations
N/A
Recommended Action
Adopt Proclamation Observing June 19 as Juneteenth
Supporting Documents
• Proclamation Observing June 19 as Juneteenth (1 page)
CITY OF GOLDEN VALLEY
PROCLAMATION RECOGNIZING JUNETEENTH FREEDOM DAY
JUNE 19, 2022
WHEREAS, the City of Golden Valley believes in and stands for the values of
social equity, inclusion, and justice and is dedicated to being a supportive and united
community, strengthened by the diversity of our residents and visitors; and
WHEREAS, July 4, 1776 and every year after is the national recognition of
independence for the United States of America, but does not acknowledge the
continued oppression for formerly enslaved and the descendants of enslaved Black
bodies; and
WHEREAS, on January 1, 1863, the Emancipation Proclamation was signed,
giving freedom to enslaved people in the rebelling states, however not all enslaved
people had received word about their liberation until June 19, 1865 when Union troops
arrived in Galveston, Texas, to announce the end of the Civil War and the insidious
institution of slavery; and
WHEREAS, June 19th has a special meaning to Black Americans, and is called
“Juneteenth” combining the words June and Nineteenth, and has been celebrated by
the Black community for over 150 years; and
WHEREAS, Juneteenth commemorates an extraordinary moment in our nation’s
history and is the oldest nationally celebrated commemoration of the ending of slavery
in the United States; and
WHEREAS, we recognize and honor those who suffered and acknowledge the
evils of slavery and its aftermath of pervasive and present systemic racism; and
WHEREAS, we acknowledge Black Americans and the significant contributions
and achievements made within our community and culture both past and present.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Golden Valley does hereby proclaim June 19, 2022 as “Juneteenth Freedom Day” and
call upon the people of Golden Valley to celebrate freedom for all Americans and
educate themselves on the complete history and heritage of our nation, as we support
the continual dismantling of oppressive systems in our City.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of
the City of Golden Valley to be affixed on this 7th day of June, 2022.
___________________________
Shepard M. Harris, Mayor
REGULAR MEETING MINUTES
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.
1. Call to Order
Mayor Harris called the meeting to order at 6:30 pm.
A. Pledge of Allegiance
B. Incoming Council Member Introduction
Mayor Harris thanked outgoing Council Member Fonnest for his service and for being present for the
transition and start of Council Member La Mere-Anderson’s term in office.
Outgoing Council Member Fonnest officially welcomed Council Member La Mere-Anderson to the
City Council and wished her well.
C. Oaths of Office
City Clerk Schyma administered the oath of office to Council Members La-Mere Anderson and
Rosenquist.
D. Seating of the Council
Council Members La Mere-Anderson and Rosenquist thanked Golden Valley residents, their
volunteers who assisted during their campaigns, and their families for their support.
E. Roll Call
Present: Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-
Anderson, Gillian Rosenquist, and Kimberly Sanberg
Staff present: City Manager Cruikshank, City Attorney Cisneros, City Engineer Oliver,
Environmental Resources Supervisor Eckman, Assistant City Engineer Kakach,
Finance Director Virnig, Physical Development Director Nevinski, Planning
Manager Zimmerman, and City Clerk Schyma
Note: Council Member Rosenquist was located in the Manager’s Conference Room of City Hall
for health reasons and was therefore appearing at the meeting virtually.
F. Presentation of Engineering Awards to the City of Golden Valley for the DeCola
Ponds Project
January 4, 2022 – 6:30 pm
Council Chambers
Hybrid Meeting
City of Golden Valley City Council Regular Meeting
January 4, 2022 – 6:30 pm
2
City Engineer Jeff Oliver discussed the awards and credited Environmental Resources
Supervisor Eckman for his work on the project.
2. Additions and Corrections to Agenda
Motion by Sanberg, Second by M. Harris to approve the meeting agenda as submitted.
Motion carried 5-0.
3. Consent Agenda
Motion by M. Harris, Second by Sanberg to approve the Consent Agenda as submitted.
Motion carried 5-0.
A. Approval of City Council Minutes – Special Meeting of November 9, 2021
B. Bids, Quotes, and Contracts:
1. Approve Contract for Influent Meter Pit Repairs with Rice Lake Construction Group
2. Approve Purchase of an Asphalt Paver from Ziegler Cat in the amount of $226,735
3. Approve Professional Services Agreement with Short Elliot Hendrickson (SEH), Inc. for
Winnetka Avenue Pedestrian Signal Design and Construction Services
4. Approve Updated Municipal Legislative Commission Joint Cooperative Agreement
C. Grants and Donations:
1. Approve Resolution No. 22-001 Transferring ARPA Funds to the HRA to Implement a
Rent and Household Assistance Program and to Approve the Grant Agreement for the
Golden Valley Rent and Household Assistance Fund
2. Approve Resolution No. 22-002 Transferring ARPA Funds to the HRA to Implement a
Housing Navigation Services Program and to approve the Grant Agreement for the
Golden Valley Housing Navigation Services Program
D. Approve Resolution No. 22-003 Designating Depository for City Funds
E. Approval of the Use of Credit Cards for Purchases for 2022
F. Approve Resolution No. 22-004 Making Annual Elections for 2022-2023 Insurance Policy
G. Designation of 2022 Official Newspaper
H. Approval of City Check Register
4. Public Hearing
A. 2022 Pavement Management Program
1. Conduct Public Hearing for Special Assessments and Approve Resolution No. 22-005
Adopting and Confirming Assessments for Various Public Improvements in the 2022
Pavement Management Area
2. Approve Professional Services Agreement with Short Elliot Hendrickson (SEH), Inc. for
Construction Engineering Services for an amount not to exceed $239,900
3. Approve Construction Services Agreement with GMH Asphalt Corporation in the
amount of $5,263,550.91
City of Golden Valley City Council Regular Meeting
January 4, 2022 – 6:30 pm
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Assistant City Engineer RJ Kakach presented the staff reports.
Mayor Harris opened the public hearing.
Ruth Paradise, 8515 Duluth Street, asked staff to discuss a cost-savings opportunity for
homeowners to have a sanitary sewer inspection during the project.
Mayor Harris closed the public hearing
Motion by M. Harris, Second by Sanberg to Approve Resolution No. 22-005 Adopting and
Confirming Assessments for Various Public Improvements in the 2022 Pavement Management
Area.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
Motion by Sanberg, Second by La Mere-Anderson to authorize the Mayor and City Manager
to execute a professional services agreement with Short Elliott Hendrickson, Incorporated in
the form approved by the City Attorney for the observation, construction staking, and
engineering services on the 2022 PMP, for an amount not to exceed $239,900.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
Motion by M. Harris, Second by Sanberg to authorize the Mayor and City Manager to execute
a construction agreement with GMH Asphalt Corporation in the form approved by the City
Attorney for the 2022 Pavement Management Project #21-01 in the amount of $5,263,550.91.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
B. Formal Public Hearings – Artessa Senior Cooperative, 7001 Golden Valley Road
1. Future Land Use Map Amendment, Resolution No. 22-006
2. Zoning Map Amendment, Ordinance No.731
3. Preliminary Plan for Subdivision
4. Conditional Use Permit No. 172 to Allow for Additional Height on a Building
Planning Manager Jason Zimmerman presented the staff reports.
The Council consensus was to allow members of the applicant group to provide background
information about the project.
Ben Landhauser, Vice President of Artessa Development, LLC, made a thorough presentation
about the details of the project.
City of Golden Valley City Council Regular Meeting
January 4, 2022 – 6:30 pm
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Tom Conlin, Golden Valley Country Club (GVCC), stated his support for the project on behalf of
the Club.
Mayor Harris opened the public hearing.
Melanie Dunleavy, Minnetonka resident and GVCC board member, voiced her support for the
project.
Steve Bennett, 540 Varner Circle, spoke in opposition to the project and voiced his concerns
regarding size, location, and additional traffic.
Joe Komarek, 8212 Golden Valley Road, voiced his support for the project, returning the
proposed land use change to the Planning Commission for additional evaluation, and the
GVCC.
Brett Weiss, 1620 Noble Drive, voiced his support for the project, developer, and the GVCC.
Bob Plantenberg, 6809 Country Club Drive, stated his concerns that the developer is
threatening to completely pull the project unless they receive certain approvals tonight. He
has concerns with this project and urged the Council to deny the proposal until the Planning
Commission has had a chance to review the new materials.
Harmony Bennett, 540 Varner Circle, spoke in opposition to the project and wants future
notifications to go beyond the required 500 feet because it does impact the entire
neighborhood.
Blythe Stillwell, 521 Varner Circle, moved to Golden Valley for the peace, sanctuary, and
environment. She stated appreciation for the developers making changes after speaking to the
neighbors and their concerns; however, she believes more work needs to be done with the
proposal.
Erik Pederson, 130 Louisiana Avenue North and GVCC member, asking the Council to support
an initiative to bring more senior housing to Golden Valley. He added that change is difficult
but wants this proposal to keep moving forward.
Mark Zeman, 2611 Lee Avenue and President of the GVCC, stated his support for the project
and would like to developer to receive clear direction from the Council tonight.
Brenna Gentrup, 7101 Glenwood Avenue, stated opposition to the project due to traffic and
safety concerns in a residential neighborhood.
Barb Prindle, Golden Valley resident, had questions about the difference between LEED-like
and LEED certification energy efficient building materials that were noted in the proposal.
City of Golden Valley City Council Regular Meeting
January 4, 2022 – 6:30 pm
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Suzanne Forward, 6745 Country Club Drive, asked about the affordability component of the
project.
Marcia Anderson, 130 Edgewood Avenue North, stated her endorsement to return this
proposal to the Planning Commission for their review.
Ruth Paradise, 8515 Duluth Street, likes the idea of being able to stay in Golden Valley when
her time being able to care for a single-family home is no longer feasible.
Heidi McCallister, 7215 Glenwood Avenue, stated her opposition to the project and agreed
with the other concerns that were mentioned during the hearing. She also mentioned that this
neighborhood has been through several projects lately and it is a lot to absorb.
Mayor Harris closed the public hearing.
Council Member Sanberg would like to see the proposal go back to the Planning Commission
for review. She added that two things residents are always asking for in Golden Valley is more
senior housing and more affordable housing and this proposal could potentially bring both of
those options to the City.
Mayor Harris stated he is supportive of this proposal and doesn’t see the benefit of sending it
back to the Planning Commission. He respects the work that has been done by the Planning
Commission but doesn’t believe delaying this proposal benefits the community as a whole.
Motion by Rosenquist, Second by La Mere-Anderson to return the proposed land use change
to the Planning Commission for additional evaluation in light of revisions submitted by the
applicant.
Motion carried 4-1. (In Favor: M. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: S.
Harris)
Motion by Rosenquist, Second by Sanberg to return the proposed zoning change to the
Planning Commission for additional evaluation in light of revisions submitted by the applicant.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
Motion by Rosenquist, Second by La Mere-Anderson to return the proposed subdivision to
the Planning Commission for additional evaluation in light of revisions submitted by the
applicant.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
City of Golden Valley City Council Regular Meeting
January 4, 2022 – 6:30 pm
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In regards to Conditional Use Permit No. 172 to Allow for Additional Height on a Building, the
applicant has modified the proposal and reduced the height of the building. A conditional use
permit is no longer required and the application has been withdrawn. No action was needed
or taken by the City Council.
5. Old Business
6. New Business
All Ordinances listed under this heading are eligible for public input.
A. Second Consideration of Ordinance No. 730 Amending City Code Chapter 103 Authorizing the
City to Complete Plumbing Plan Review
Physical Development Director Marc Nevinski presented the staff report.
Motion by M. Harris, Second by Sanberg to adopt Second Consideration of Ordinance No.
730 Amending Section 103-1: Building Code Adopted; and Adding Section 103-1.5: Plumbing,
Plans, and Inspections.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
B. Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
C. Mayor and Council Communications
1. Other Committee/Meeting updates
7. Adjournment
Motion by Sanberg, Second by M. Harris to adjourn the meeting at 10:27 pm.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
REGULAR MEETING MINUTES
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.
1. Call to Order
Mayor Harris called the meeting to order at 6:37 pm.
A. Pledge of Allegiance
B. Roll Call
Present: Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-
Anderson, Gillian Rosenquist, and Kimberly Sanberg
Staff present: City Manager Cruikshank, Planning Manager Zimmerman, City Attorney
Cisneros, and City Clerk Schyma
C. Annual Discover St. Louis Park Presentation
Mayor Harris introduced Becky Bakken, President and CEO of Discover St. Louis Park, who
presented a year-end update to the Council.
D. Robbinsdale School District Update with Superintendent Engstrom
Mayor Harris introduced Robbinsdale School District Superintendent David Engstrom,
who discussed the district's priorities.
2. Additions and Corrections to Agenda
Commissioner Rosenquist stated that due to technical difficulties where pages appeared
blank in the packet, Item #3A is being removed from the agenda to be considered at the
next regular meeting.
Motion by Rosenquist, Second by La Mere-Anderson to approve the agenda as amended.
Motion carried 5-0.
3. Consent Agenda
February 2, 2022 – 6:30 pm
Council Chambers
Hybrid Meeting
City of Golden Valley City Council Regular Meeting
February 2, 2022 – 6:30 pm
2
Motion by M. Harris, Second by Sanberg to approve the Consent Agenda as revised:
removal of Item #3C2 - Accept Resignation from Diversity, Equity, and Inclusion
Commission.
Motion carried 5-0.
A. Approval of City Council Minutes – Regular Meetings of 2021 – October 19,
November 3, and 16, December 7 and 21 (Removed from agenda)
B. Approval of Check Register
C. Board, Commission and Task Forces:
1. Approve Updated Planning Commission Bylaws to Revise Meeting Start Time
2. Accept Resignation from Diversity, Equity, and Inclusion Commission
D. Bids, Quotes, and Contracts:
1. Authorize 2022 Native Vegetation Maintenance Agreement Extension with
Minnesota Native Landscapes for Restoration Project No. 22-13
2. Authorize Amended Agreement with St. Louis Park for Purchase, Operation,
and Maintenance of an Emergency Command Center Vehicle
3. Approve Purchase of a Fire Utility Vehicle from Tenvoorde Ford
4. Approve Purchase and Trade-In of a Sidewalk Machine from MacQueen
Equipment
5. Approve Annual Bobcat Trade-Out – Purchases and Trade-Ins with Tri-State
Bobcat
E. Grants and Donations
1. Approve Resolution No. 22-013 Supporting Homes Within Reach Application
for the 2022 HOME Investment Partnership Program
F. Approve 2022 Federal Legislative Priorities
G. Approve Engagement Letter and Addendum with MMKR for Auditing Services for
Fiscal Year 2021
H. Receive and File City of Golden Valley’s 2022 Pyramid of Success
3. Items Removed From the Consent Agenda:
3C2. Accept Resignation from Diversity, Equity, and Inclusion Commission
Council Member Rosenquist thanked the Mr. Kim for his service to the community.
Motion by Rosenquist, Second by M. Harris to accept the resignation of Jonathan Kim from the
Diversity, Equity, and Inclusion Commission.
Motion carried 5-0.
City of Golden Valley City Council Regular Meeting
February 2, 2022 – 6:30 pm
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4. Public Hearing
A. Public Hearings – Artessa Senior Cooperative, 7001 Golden Valley Road
1. Future Land Use Map Amendment, Resolution No. 22-006
2. Zoning Map Amendment, Ordinance No. 731, Resolution No. 22-014
3. Approval of Preliminary Plat for Subdivision
Planning Manager Jason Zimmerman presented the staff reports.
Ben Landhauser, Vice President of Artessa Development, LLC, gave a
presentation about the project.
Mayor Harris opened the combined public hearings.
Steve Bennett, 540 Varner Circle, stated opposition to the project.
Suzanne Forward, 6745 Country Club Drive, stated opposition to the project.
Tara Bannow, 6809 Country Club Drive, stated opposition to the project.
Heidi McCallister, 7215 Glenwood Ave, stated opposition to the project.
Corey Hardy, 521 Varner Circle North, stated opposition to the project.
Mayor Harris closed the combined public hearings.
Council Member Sanberg stated the Council does hear the concerns of the
neighborhood but believes their concerns have been addressed with the
updated proposal. The Council needs to consider the impact of the projects like
this on specific neighborhoods versus how they fit more broadly with the overall
vision of the City and the need for mixed-income housing.
Council Member Rosenquist concurred with Council Member Sanberg.
Mayor Harris stated the Council respects the comments from the neighborhood
and although there might be disagreement, it does not mean that voices were
not heard. He believes this development is necessary and a benefit to the
community.
Motion by Rosenquist, Second by Sanberg to Adopt Resolution No. 22-006,
Amendment to the Future Land Use Map Designating a Portion of the Property
at 7001 Golden Valley Road as High Density Residential and to authorize staff to
forward the request to the Metropolitan Council for review.
City of Golden Valley City Council Regular Meeting
February 2, 2022 – 6:30 pm
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This motion requires a two-thirds vote of members for approval.
Motion carried 4-1. (In Favor: S. Harris, La Mere-Anderson, Rosenquist,
Sanberg. Opposed: M. Harris)
Motion by Rosenquist, Second by Sanberg to table the adoption of Ordinance
No. 731 Amending the Zoning Map and Rezoning the Southeast Corner of 7001
Golden Valley Road from Institutional – Parks and Natural Areas (I-P) to High
Density Residential (R-4) until the change in land use has been reviewed by the
Metropolitan Council.
Motion carried 5-0.
Motion by Rosenquist, Second by Sanberg to table the consideration of the
Preliminary Plat for Subdivision for Artessa Senior Cooperative located on a
Portion of 7001 Golden Valley Road until the change in land use has been
reviewed by the Metropolitan Council.
Motion carried 5-0.
B. Public Hearing Regarding Amendments to the Zoning Map Rezoning Properties
to Achieve Conformance with the 2040 Comprehensive Plan, Ordinance No. 732
City Planner Jason Zimmerman presented the staff report.
Mayor opened the public hearing.
Ruth Paradise, 8515 Duluth Street, stated she is not opposed to the ordinance. She
would like to see more opportunities for people who work in Golden Valley to be able to
afford to live in Golden Valley.
Mayor closed the public hearing
Motion by M. Harris, Second by Rosenquist to Adopt Ordinance No. 732, Rezoning
Certain Properties along Lewis Road and the Post Office to Achieve Conformance with
the 2040 Comprehensive Plan.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
Old Business
6. New Business
City of Golden Valley City Council Regular Meeting
February 2, 2022 – 6:30 pm
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All Ordinances listed under this heading are eligible for public input.
A. COVID-19 Update From City Staff
City Attorney Cisneros provided an update and stated that a resolution will be prepared
for consideration at the next meeting to end the local emergency and mask mandate with
an end date to be decided by Council.
B. Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
C. Mayor and Council Communications
1. Other Committee/Meeting updates
7. Adjournment
Motion by Rosenquist, Second by M. Harris to adjourn the meeting at 9:33 pm.
Motion carried 5-0.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
REGULAR MEETING MINUTES
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.
1. Call to Order
Mayor Harris called the meeting to order at 6:30 pm.
A. Pledge of Allegiance
B. Roll Call
Present: Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-
Anderson, Gillian Rosenquist, and Kimberly Sanberg
Staff present: City Manager Cruikshank, Deputy City Manager/Human Resources
Director Santelices, City Engineer Oliver, Interim Police Chief Nadeau,
Police Commander White, Housing and Economic Development Manager
Shoquist, City Planner Campbell, Public Works Director Kieffer,
Community Connection and Outreach Specialist Williams, City Attorney
Cisneros, and City Clerk Schyma
C. New Employee Introduction to City Council and Community
Deputy City Manager/Human Resources Director Santelices introduced new employee
Airrion Williams, Community Connection and Outreach Specialist.
The Council welcomed Mr. Williams to Golden Valley.
D. Police Department Annual Report
Interim Police Chief Nadeau presented the annual report.
2. Additions and Corrections to Agenda
Commissioner Sanberg stated that due to a mix-up in the agenda packet, two attachments from
Item #3A1 were being removed from the agenda to be considered at the next regular meeting –
Minutes from November 16 and December 21, 2021.
Motion by Sanberg, Second by Rosenquist to approve the agenda as amended.
February 15, 2022 – 6:30 pm
Council Chambers
Hybrid Meeting
City of Golden Valley City Council Regular Meeting
February 15, 2022 – 6:30 pm
2
Motion carried 5-0.
3. Consent Agenda
Motion by Sanberg, Second by Rosenquist to approve the Consent Agenda as revised:
removal of Item #3D2 - Approve Professional Services Agreement with Metropolitan
Consortium of Community Developers for the Open to Business Program, Resolution No. 22-
015; #3D3 - Approve Professional Services Agreement with Short Elliot Hendrickson, Inc. for
Downtown Traffic Study; #3E1 - Approve Resolution No. 22-017 Accepting the In-Kind
Donation of $1,045 from Stan Waldhauser Photography; and #3G - Approve Resolution No.
22-018 Supporting Housing, Affordable Housing Funding, and Local Decision-Making
Authority.
Motion carried 5-0.
A. Approval of City Council Minutes – Regular Meetings of 2021 – October 19, November 3,
and 16, December 7 and 21 (November 16 and December 21 were removed from the
agenda)
B. Approval of Check Register
C. Licenses:
1. Approve Multi-Family Rental Property License Renewals
D. Bids, Quotes, and Contracts:
1. Approve Purchase of Gate Valves and Parts from Boys Water Products
2. Approve Professional Services Agreement with Metropolitan Consortium of
Community Developers for the Open to Business Program, Resolution No. 22-015
3. Approve Professional Services Agreement with Short Elliot Hendrickson, Inc. for
Downtown Traffic Study
4. Approve Joint Powers Agreements with Minnesota Bureau of Criminal
Apprehension (BCA) for Access to Criminal Justice Data Communications Network
(CJDN) and the Court Data Services Subscriber Amendment to the CJDN Subscriber
Agreement, Resolution No. 22-016
E. Grants and Donations:
1. Approve Resolution No. 22-017 Accepting the In-Kind Donation of $1,045 from Stan
Waldhauser Photography
F. Approve 30 Day Extension for the Filing of Final Plat for 6440 Wayzata Boulevard, Spire
Credit Union, Establishing a New Deadline to File of March 21, 2022
G. Approve Resolution No. 22-018 Supporting Housing, Affordable Housing Funding, and
Local Decision-Making Authority
H. Approve Resolution No. 22-019 Supporting a Statewide First-Generation Homebuyers
Down Payment Assistance Fund
City of Golden Valley City Council Regular Meeting
February 15, 2022 – 6:30 pm
3
3. Items Removed From the Consent Agenda:
3D2. Approve Professional Services Agreement with Metropolitan Consortium of Community
Developers for the Open to Business Program, Resolution No. 22-015
Housing and Economic Development Manager Shoquist presented the report and discussed the
program.
Motion by M. Harris, Second by Rosenquist to approve Resolution No. 22-015 and to authorize
the Mayor and City Manager to execute a professional services agreement for the period of
2022-2024 with the Metropolitan Consortium of Community Developers for the Open to
Business Program in the form approved by the City Attorney in the annual amount of $3,750.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
3D3. Approve Professional Services Agreement with Short Elliot Hendrickson, Inc. for
Downtown Traffic Study
City Engineer Oliver presented the report and discussed the study.
Motion by Rosenquist, Second by La Mere-Anderson to authorize the Mayor and City Manager
to execute a professional services agreement with Short Elliot Hendrickson (SEH), Incorporated in
the form approved by the City Attorney for the Downtown Traffic Study, for an amount not to
exceed $104,930.
Motion carried 5-0.
3E1. Approve Resolution No. 22-017 Accepting the In-Kind Donation of $1,045 from Stan
Waldhauser Photography
Council Member Harris acknowledged the generous donation and thanked Mr. Waldhauser.
Motion by M. Harris, Second by Rosenquist to adopt Resolution No. 22-017 Accepting the In-
Kind Donation of $1,045 from Stan Waldhauser Photography.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
3G. Approve Resolution No. 22-018 Supporting Housing, Affordable Housing Funding, and
Local Decision-Making Authority
City of Golden Valley City Council Regular Meeting
February 15, 2022 – 6:30 pm
4
Housing and Economic Development Manager Shoquist presented the report and provided
context and clarification about the resolution.
Motion by Rosenquist, Second by M. Harris to approve Resolution No. 22-018 Supporting
Housing, Affordable Housing Funding, and Local Decision-Making Authority.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
4. Public Hearing
A. Golden Valley Country Club Greenway Villas Development Project
1. Public Hearing to Vacate a Portion of the Sanitary Sewer Easement through
Northwest Corner of Golden Valley County Club Property
City Planner Campbell presented the staff report and discussed the need for
continuation of the public hearing for this item.
Mayor Harris opened and continued the public hearing.
Motion by M. Harris, Second by Rosenquist to table the approval of the Sanitary
Sewer Easement Vacation through the northwest corner of Golden Valley Country
Club property until approval of the new easement and final plat at the March 1
council meeting.
Motion carried 5-0.
2. Public Hearing to Vacate Street, Trail, and Utility Easement Along Pennsylvania
Avenue at Northwest Corner of Golden Valley County Club Property
City Planner Campbell presented the staff report and discussed the need for
continuation of the public hearing for this item.
Mayor Harris opened and continued the public hearing.
Motion by Sanberg, Second by M. Harris to table the approval for the street, trail,
and utility easement vacation along Pennsylvania Avenue at the northwest corner of
Golden Valley Country Club property until approval of the new easement and final
plat at the March 1 council meeting.
Motion carried 5-0.
5. Old Business
City of Golden Valley City Council Regular Meeting
February 15, 2022 – 6:30 pm
5
6. New Business
All Ordinances listed under this heading are eligible for public input.
A. COVID-19 Update and Consideration of Resolution No. 22-020 Ending Local Emergency
and Mask Mandate
City Attorney Maria Cisneros presented the staff report. She also noted that the interim
remote meeting policy would not be impacted by tonight’s action by the Council.
The Council consensus was to allow public comment on this item.
Aaron Marks, 445 Yosemite Avenue, supports ending the mask mandate.
Tori Anderstrom, Brooklyn Center, does not agree with mask mandate especially in
regards to children.
Callie Taralson, 55 Idaho Avenue, supports ending the mask mandate.
Council Member Sanberg stated that some who are opposed to masks have compared
the mandates to the Holocaust or civil rights movement and that is not appropriate no
matter what is decided by the Council tonight.
The Council agreed and Mayor Harris stated that the Council have made these decisions
based on data.
Council Member La Mere-Anderson thanked residents who followed the mandate.
Motion by M. Harris, Second by La Mere-Anderson to adopt Resolution No. 22-020
terminating the local emergency and rescinding Resolution No. 22-008 effective
immediately.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
B. Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
C. Mayor and Council Communications
1. Other Committee/Meeting updates
Mayor Harris discussed the local sales tax issue at the legislature and how it could impact Golden
Valley.
City of Golden Valley City Council Regular Meeting
February 15, 2022 – 6:30 pm
6
7. Adjournment
Motion by Rosenquist, Second by Sanberg to adjourn the meeting at 9:04 pm.
Motion carried 5-0.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
REGULAR MEETING MINUTES
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.
1. Call to Order
Mayor Harris called the meeting to order at 6:53 pm.
A. Pledge of Allegiance
B. Roll Call
Present: Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-
Anderson, Gillian Rosenquist, and Kimberly Sanberg
Staff present: City Manager Cruikshank, Assistant City Engineer Kakach, Parks and
Recreation Director Birno, City Attorney Cisneros, and City Clerk Schyma
Mayor Harris requested a point of personal privilege to share comments about the current
Police Chief search process. He read the City’s Welcome Statement and stated that to live up to
these values the City must be honest with the community and each other as to the internal and
policy changes that are needed. The issues that are occurring in Golden Valley are not unique
but they must be addressed. He believes the search process has spun out of control and must
be put back on track. He stated that the process has been negatively influenced by some
members of the Police Department, Crime Prevention Fund, and others in the community. For
these reasons, he is calling on City management to conduct an independent investigation into
allegations of intimidation, harassment, and racism.
He continued that the selection of the next Police Chief should not be made based on threats of
resignation, intimidation, and bullying. The community has called for change within the Police
Department culture that better reflects the City’s values and Welcome Statement – safety,
accountability, transparency, and service with a high level of community engagement. On paper
the decision is left to the City Manager but the community was brought into the search process
and believes that is how the process should finish. He stated his support for candidate Virgil
Green and thanked the Council for allowing him a point of personal privilege.
2. Additions and Corrections to Agenda
Motion by M. Harris, Second by La Mere-Anderson to add Item #3D3 - Approve Appointment
of Rachel Zuraff to the Environmental Commission as a Youth Member and Item #3D4 -
Approve Appointment of Drew Jones to the Diversity, Equity, and Inclusion Commission as a
Youth Member to the Consent Agenda.
March 1, 2022 – 6:30 pm
Council Chambers
Hybrid Meeting
City of Golden Valley City Council Regular Meeting
March 1, 2022 – 6:30 pm
2
Motion by Sanberg, Second by Rosenquist to approve the agenda as amended.
Motion carried 5-0.
3. Consent Agenda
Motion by Sanberg, Second by M. Harris to approve the Consent Agenda as revised: removal
of Item #3D1 - Approve Appointment to the Diversity, Equity, and Inclusion Commission; #3D2
- Accept Resignation from Planning Commission; #3E3 - Approve First Amendment to the
Professional Services Agreement with Landscapes Unlimited, LLC for the Brookview Golf
Course Irrigation Replacement Project.
Motion carried 5-0.
A. Approval of City Council Minutes
1. Regular Meetings of 2021 – November 16 and December 21
2. Special Meetings of 2022 – January 25, February 15 and 22
B. Approval of Check Register
C. Licenses:
1. Approve General Business License - Fireworks Sales
2. Approve Gambling License Exemption and Waiver of Notice Requirement – Sons of
the American Legion Post 523
D. Boards, Commissions, and Task Forces:
1. Approve Appointment to the Diversity, Equity, and Inclusion Commission
2. Accept Resignation from Planning Commission
3. Approve Appointment of Rachel Zuraff to the Environmental Commission as a Youth
Member
4. Approve Appointment of Drew Jones to the Diversity, Equity, and Inclusion
Commission as a Youth Member
E. Bids, Quotes, and Contracts:
1. Award Contract and Authorize Construction Agreement with Allied Blacktop
Company for the 2022 Fog Sealing Project #22-10
2. Approve Verizon Antenna Lease Agreement Amendment #1
3. Approve First Amendment to the Professional Services Agreement with Landscapes
Unlimited, LLC for the Brookview Golf Course Irrigation Replacement Project
F. Approve Resolution No. 22-021 Providing For the Competitive Negotiated Sale of
$4,150,000 General Obligation Improvement Bonds, Series 2022A
3. Items Removed From the Consent:
3D1. Approve Appointment to the Diversity, Equity, and Inclusion Commission
Mayor Harris stated that he was abstaining from the discussion and vote due to a perceived
conflict of interest with this appointment.
City of Golden Valley City Council Regular Meeting
March 1, 2022 – 6:30 pm
3
Motion by M. Harris, Second by Rosenquist to appoint Carol Luo to the Diversity, Equity, and
Inclusion Commission.
Motion carried 4-0. (In Favor: M. Harris, La Mere-Anderson, Rosenquist, Sanberg. Abstained:
S. Harris. Opposed: N/A.)
3D2. Accept Resignation from Planning Commission
Council Member La Mere-Anderson thanked Rich Baker for his service on the commission.
Motion by La Mere-Anderson, Second by Rosenquist to accept the resignation of Rich Baker
from the Planning Commission.
Motion carried 5-0.
3E3. Approve First Amendment to the Professional Services Agreement with Landscapes
Unlimited, LLC for the Brookview Golf Course Irrigation Replacement Project
Parks and Recreation Director Birno discussed the project.
Motion by Rosenquist, Second by La Mere-Anderson approve first amendment to the
professional services agreement with Landscapes Unlimited, LLC for the equipment and
irrigation installation services for the Brookview Golf Course Irrigation Replacement Project.
Motion carried 5-0.
4. Public Hearing
A. Golden Valley Country Club Greenway Villas Development Project
1. Continuation of Public Hearing to Vacate a Portion of the Sanitary Sewer Easement
through Northwest Corner of Golden Valley County Club Property
Assistant City Engineer Kakach discussed the staff report regarding continuation of
this public hearing and item.
Motion by M. Harris, Second by Rosenquist to continue the public hearing for
sanitary sewer easement vacation through the northwest corner of Golden Valley
Country Club property until the March 15, 2022, Council meeting.
Motion carried 5-0.
2. Continuation of Public Hearing to Vacate Street, Trail, and Utility Easement Along
Pennsylvania Avenue at Northwest Corner of Golden Valley County Club Property
City of Golden Valley City Council Regular Meeting
March 1, 2022 – 6:30 pm
4
Motion by Rosenquist, Second by M. Harris to continue the public hearing for
street, trail, and utility easement vacation along Pennsylvania Avenue at the
northwest corner of Golden Valley Country Club property until the March 15, 2022,
Council meeting.
Motion carried 5-0.
5. Old Business
6. New Business
All Ordinances listed under this heading are eligible for public input.
A. Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
B. Mayor and Council Communications
1. Other Committee/Meeting updates
Council Member Harris shared his personal comments about the Police Chief search process and
the level of community involvement. He stated that future processes need to be altered so that the
process is clear and followed and to address whether or not interim positions should be able to
apply for permanent positions. The City will learn from this process to grow and do better in the
future. The entire community along with Council, management, and staff are responsible for
creating change and progress including with the City’s equity work. While turnover is not desirable,
equity work for staff and being part of a welcoming community for all residents and visitors are
things that are not negotiable. The process is not easy and includes difficult periods of reflection,
but that is part of the work that needs to be done.
Council Member Sanberg agreed with the comments of Council Member Harris. Not all may agree
with the final decision but that does not mean that the outcome was pre-determined.
Council Member Rosenquist thanked her colleagues for their eloquent words and offered support
and agreement. Staff and Council brought honesty and integrity to the search process.
7. Adjournment
Motion by Rosenquist, Second by M. Harris to adjourn the meeting at 7:44 pm.
Motion carried 5-0.
ATTEST:
________________________________
Theresa J. Schyma, City Clerk Shepard M. Harris, Mayor
REGULAR MEETING MINUTES
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.
1. Call to Order
Mayor Harris called the meeting to order at 7:14 pm.
A. Pledge of Allegiance
B. Roll Call
Present: Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-
Anderson, Gillian Rosenquist, and Kimberly Sanberg
Staff present: City Manager Cruikshank, Physical Development Director Nevinski,
Assistant City Engineer Kakach, City Attorney Cisneros, and City Clerk
Schyma
C. Update from U.S. Representative Ilhan Omar
U.S. Representative Omar was unable to attend but will reschedule for a future meeting.
2. Additions and Corrections to Agenda
Motion by Rosenquist, Second by M. Harris to approve the agenda as submitted.
Motion carried 5-0.
3. Consent Agenda
Motion by M. Harris, Second by Sanberg to approve the Consent Agenda as revised:
removal of Item #3F - Motion by M. Harris, Second by Sanberg to approve the Consent Agenda
as revised: removal of Item #3C2 - Accept Resignation from Diversity, Equity, and Inclusion
Commission.
Motion carried 5-0.
A. Approval of City Council Minutes
March 15, 2022 – 6:30 pm
Council Chambers
Hybrid Meeting
City of Golden Valley City Council Regular Meeting
March 15, 2022 – 6:30 pm
2
1. Special City Council Meeting – March 1, 2022
2. Special City Council Closed Executive Session – March 7, 2022
B. Approval of Check Register
C. Licenses:
1. Approve General Business License – Amusement Devices
2. Approve General Business License – Refuse and Recycling Vehicles
3. Approve General Business License – Gas Stations and Gas Dispensers
4. Approve On-Sale Intoxicating Liquor License with Sunday Sales - Love, Pizza LLC
d/b/a/ Love, Pizza – 509 Winnetka Avenue North
5. Approve Temporary On-Sale Liquor License – Good Shepherd Catholic Church
D. Boards, Commissions, and Task Forces:
1. Receive and File Open Space Recreation Commission Annual Report and Work Plan
E. Bids, Quotes, and Contracts:
1. Approve Professional Services Agreement with WSB & Associates for Trunk Highway
55 Lift Station Relocation Project No. 20-18
2. Approve Contract for Crack Sealing Project #22-05 with Allied Blacktop Company
3. Authorize the City Manager and Mayor to Sign an Agreement with Greene Espel for
Investigation Services
F. Approve Resolution No. 22-022 Establishing Precinct Boundaries and Polling Places
G. Approve Resolution No. 22-023 Supporting Submittal of Application to Minnesota
Pollution Control Agency for Minnesota GreenCorps Host Site
H. Approve Resolution No. 22-024 Approving Allocation of American Rescue Plan Act
(ARPA) Funds
3. Items Removed From the Consent Agenda:
3F. Approve Resolution No. 22-022 Establishing Precinct Boundaries and Polling Places
City Clerk Schyma discussed the redistricting process, updated precinct boundaries, and voter
outreach.
Motion by M. Harris, Second by Rosenquist to approve Resolution No. 22-022 Establishing
Precinct Boundaries and Polling Places.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
4. Public Hearing
A. Golden Valley Country Club Greenway Villas Development Project
1. Continuation of Public Hearing to Vacate a Portion of the Sanitary Sewer Easement
through Northwest Corner of Golden Valley County Club Property
City of Golden Valley City Council Regular Meeting
March 15, 2022 – 6:30 pm
3
City Engineer R.J. Kakach discussed the staff report regarding continuation of this
public hearing item.
Motion by La Mere-Anderson, Second by Rosenquist to continue the public hearing
for sanitary sewer easement vacation through the northwest corner of Golden
Valley Country Club property until the April 5, 2022 Council Meeting
Motion carried 5-0.
2. Continuation of Public Hearing to Vacate Street, Trail, and Utility Easement Along
Pennsylvania Avenue at Northwest Corner of Golden Valley County Club Property
City Engineer R.J. Kakach discussed the staff report regarding continuation of this
public hearing item.
Motion by Rosenquist, Second by La Mere-Anderson to continue the Public
Hearing to Vacate Street, Trail, and Utility Easement Along Pennsylvania Avenue at
Northwest Corner of Golden Valley Country Club until the April 5, 2022 Council
Meeting.
Motion carried 5-0.
B. Approve Zoning Text Amendment, Adding Outdoor Service Areas as a Temporary Use,
Ordinance No. 732
City Planner Jason Zimmerman presented the staff report.
Mayor Harris opened the public hearing.
Paul Jacob, owner of Schuller’s Tavern, stated that ideally he would like this change to not
be temporary but this is a good first step. He wants to make sure that businesses don't put
a lot of money into something that ultimately might not get renewed. He stated that his
business and customers are excited about this change.
Mayor Harris closed the public hearing
Motion by Rosenquist, Second by M. Harris to adopt Ordinance No 732, Amending
Section 113-1: Definitions, Section 113-31: Temporary Uses, and Section 113-87: Summary
Use Tables to Allow for Outdoor Service Areas in Target Zoning Districts.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
City of Golden Valley City Council Regular Meeting
March 15, 2022 – 6:30 pm
4
Motion by Rosenquist, Second by M. Harris to Adopt Resolution No, 22-025, Authorizing
Summary Publication of Ordinance No 732.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
C. Approve Zoning Text Amendment, Update Regulations Around Screening of Mechanicals
and Outdoor Storage, Ordinance No. 733
City Planner Jason Zimmerman presented the staff report.
Mayor Harris opened the public hearing. As there were no comments, the public hearing
was closed.
Motion by Rosenquist, Second by Sanberg to Adopt Ordinance NO. 733 Amending Section
113-87: Summary Use Tables, Section 113-152: Screening and Outdoor Storage, and
Section 113-87: Architectural and Material Standards to Update Regulations around the
Screening of Mechanicals and Outdoor Storage.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
Motion by Rosenquist, Second by Sanberg to Adopt Resolution No 22-026, Authorizing
Summary Publication of Ordinance No 733.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
5. Old Business
A. Artessa Senior Cooperative, A Portion of 7001 Golden Valley Road
1. Approve Ordinance No. 731 – Amending the Zoning Map and Rezoning from
Institutional – Parks and Natural Areas to High Density Residential (R-4)
City Planner Jason Zimmerman discussed the staff report.
Motion by Rosenquist, Second by Sanberg to Adopt Ordinance No. 731, Amending the Zoning Map
and Rezoning the Southeast Corner of 7001 Golden Valley Road from Institutional – Parks and
Natural Areas (I-P) to high density Residential (R-4)
Motion carried 4-1. (In Favor: S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: M.
Harris)
City of Golden Valley City Council Regular Meeting
March 15, 2022 – 6:30 pm
5
Motion by Rosenquist, Second by Sanberg to Adopt Resolution No. 22-027 Authorizing Summary
Publication of Ordinance No. 731.
Motion carried 4-1. (In Favor: S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: M.
Harris)
2. Approve Preliminary Plan for Subdivision
City Planner Jason Zimmerman will discuss the staff report.
Council Deliberation.
Motion by Rosenquist, Second by Sanberg to approve the proposed Preliminary Plan for
Subdivision for a portion of 7100 Golden Valley Road (Artessa at Golden Valley) subject to the
following conditions:
1. The applicant shall include on the final plat the dedication of all drainage and utility
easements or right-of-way deemed necessary to meet City Code requirements.
2. A park dedication fee equal to 6% of the land value shall be paid prior to the release of the
final plat.
3. The applicant shall provide copies of the shared use access easements/agreements over the
Golden Valley Country Club property for vehicle trips associated with the development onto
Country Club Drive and Golden Valley Road for review by the City.
4. The City Attorney will determine if a title review is necessary prior to approval of the final
plat.
Motion carried 4-1. (In Favor: S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: M.
Harris)
6. New Business
All Ordinances listed under this heading are eligible for public input.
A. COVID-19 Update
City Attorney Cisneros stated that the declaration regarding hybrid meetings would be
rescinded and that staff would continue to monitor the situation. She further noted the
difference of virtual attendance rules for a council member or commissioner during a
pandemic compared to the normal allowance by law.
City Manager Cruikshank discussed changes to signage at City Hall.
Council Member La Mere-Anderson requested a March 31 deadline for hybrid meetings
so that commissions have time to plan.
The Council consensus was to have City Attorney Cisneros make the effective date April 1.
City of Golden Valley City Council Regular Meeting
March 15, 2022 – 6:30 pm
6
B. Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
C. Mayor and Council Communications
1. Other Committee/Meeting updates
7. Adjournment
Motion by Rosenquist, Second by M. Harris to adjourn the meeting at 8:44 pm.
Motion carried 5-0.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
REGULAR MEETING MINUTES
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.
1. Call to Order
Mayor Harris called the meeting to order at 6:34 pm.
A. Pledge of Allegiance
B. Roll Call
Present: Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-
Anderson, Gillian Rosenquist, and Kimberly Sanberg
Staff present: City Manager Cruikshank, Finance Director Virnig, Physical Development
Director Nevinski, Housing and Economic Development Manager Shoquist,
Planning Manager Zimmerman, City Planner Campbell, Assistant City
Engineer Kakach, City Attorney Cisneros, and City Clerk Schyma
C. Proclamation for Fair Housing Month
Housing and Economic Development Manager Shoquist presented an overview of the
proclamation.
Motion by M. Harris, Second by Sanberg to support a proclamation recognizing April as
Fair Housing Month.
Motion carried 5-0.
D. Proclamation for Parkinson’s Awareness Month
Chris Patrick, The Parkinson’s Foundation, discussed the importance of continued
awareness about Parkinson’s Disease.
Motion by La Mere-Anderson, Second by Rosenquist to support a proclamation
recognizing April as Parkinson’s Awareness Month.
Motion carried 5-0.
April 5, 2022 – 6:30 pm
Council Chambers
Hybrid Meeting
City of Golden Valley City Council Regular Meeting
April 5, 2022 – 6:30 pm
2
2. Additions and Corrections to Agenda
Commissioner Rosenquist stated that Item #3E - Approve Purchase Agreement for 7901
23rd Avenue North Golden Valley needed to be removed from the agenda for
consideration at a future meeting.
Motion by Rosenquist, Second by M. Harris to approve the agenda as amended.
Motion carried 5-0.
3. Consent Agenda
Motion by Sanberg, Second by Rosenquist to approve the Consent Agenda as submitted.
Motion carried 5-0.
A. Approval of Regular City Council Meeting Minutes of January 18, 2022
B. Approval of Check Register
C. Licenses:
1. Approve Renewal of Consumption and Display Permit – Mort’s
D. Bids, Quotes, and Contracts:
1. Authorize Contract for Brush Pick-Up with Bratt Tree Company
2. Authorize Contract for Sanitary Sewer Lining Repairs with Hydro-Klean, LLC
3. Authorize Contract for Hydrant Painting with B & B Commercial Coating, LLC
4. Authorize Contract for Gate Valve Repairs with Valley Rich Co., Inc.
5. Authorize Contract for Landscape Services with Prescription Landscape, Inc.
6. Approve Purchase of Gate Valves and Parts from Boys Water Products and Ferguson
Waterworks
E. Approve Purchase Agreement for 7901 23rd Avenue North Golden Valley (removed from
agenda)
F. Approve Resolution No. 22-028 to Elect the Standard Allowance Available Under the
Revenue Loss Provision for American Rescue Plan Act (ARPA) Funds
4. Public Hearing
A. Golden Valley Country Club Greenway Villas Development Project
1. Public Hearing to Vacate Sanitary Sewer Easement through Northwest Corner of
Golden Valley Country Club Property
City Engineer R.J. Kakach presented the staff report.
Mayor Harris opened the public hearing. As there were no comments, the public
hearing was closed.
City of Golden Valley City Council Regular Meeting
April 5, 2022 – 6:30 pm
3
Motion by Rosenquist, Second by M. Harris to adopt Resolution #22-029 Dedicating
a New Sanitary Sewer Easement through Northwest Corner of Golden Valley
Country Club Property.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La
Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A)
Motion by Rosenquist, Second by Sanberg to adopt Resolution #22-020 Vacating
Sanitary Sewer Easement through Northwest Corner of Golden Valley Country Club
Property.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La
Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A)
Motion by Rosenquist, Second by La Mere-Anderson to approve the Sanitary Sewer
Agreement in the form approved by the City Attorney.
Motion carried 5-0.
2. Public Hearing to Vacate Street, Trail, and Utility Easement Along Pennsylvania
Avenue at Northwest Corner of Golden Valley Country Club Property.
City Engineer R.J. Kakach presented the staff report.
Mayor Harris opened the public hearing. As there were no comments, the public
hearing was closed.
Motion by M. Harris, Second by Rosenquist to adopt Resolution #22-031 Vacating
the Street, Trail, and Utility Easement Along Pennsylvania Avenue at the Northwest
Corner of the Golden Valley Country Club Property.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La
Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A)
3. Additional Items for Consideration After Public Hearings
a. Approval of Plat – Greenway Villas P.U.D. No 126, Resolution No. 22-032
Assistant City Planner Myles Campbell presented the staff report.
Motion by Rosenquist, Second by Sanberg to adopt Resolution #22-032, Approval
of Plat for Greenway Villas P.U.D. No. 126.
City of Golden Valley City Council Regular Meeting
April 5, 2022 – 6:30 pm
4
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La
Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A)
b. Authorization for Mayor and City Manager to Sign PUD Permit and PUD
Development Agreement – Greenway Villas P.U.D. No. 126
Assistant City Planner Myles Campbell presented the staff report.
Motion by Sanberg, Second by Rosenquist to authorize the Mayor and City
Manager to sign the PUD Permit and Development Agreement for Greenway Villas
P.U.D. No. 126.
Motion carried 5-0.
B. Spring Valley Road Streetlights and Overhead Utility Line Burial Public Hearings
1. Improvement Hearing – Residential Streetlight District improvement and Overhead
to Underground Utility Line Burial, Resolution No. 22-033
City Engineer R.J. Kakach presented the staff report and noted that there would be
three separate public hearings and all actions would take place after the completion
of all three hearings.
Mayor Harris opened the public hearing.
Jackie Day, 1334 Spring Valley Road, stated support for this project and expressed
thanks for staff assistance in making it happen.
Mayor Harris closed the public hearing.
2.
3.
Assessment Hearing – Residential Street Light District, Resolution No. 22-034
Mayor Harris opened the public hearing. As there were no comments, the public
hearing was closed.
Assessment Hearing – Overhead to Underground Utility Line Burial, Resolution No.
22-035.
Mayor Harris opened the public hearing. As there were no comments, the public
hearing was closed.
Motion by Rosenquist, Second by M. Harris to adopt Resolution No. 22-033
accepting the Feasibility Report and Order Construction of Certain Proposed Public
City of Golden Valley City Council Regular Meeting
April 5, 2022 – 6:30 pm
5
Improvements for Residential Street Light District and Overhead Utility Line Burial
on Spring Valley Road.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La
Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A)
Motion by M. Harris, Second by Rosenquist to adopt Resolution No. 22-034
accepting Special Assessments for Residential Streetlight District.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La
Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A)
Motion by Sanberg, Second by La Mere-Anderson to adopt Resolution No. 22-035
accepting Special Assessments for overhead Utility Line Burial.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La
Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A)
Motion by Rosenquist, Second by Sanberg to approve Agreement with Xcel Energy
for Overhead to Underground Utility Line Burial on Spring Valley Road.
Motion carried 5-0.
C. Public Hearing and Consideration of Preliminary Plan for Minor Lot Consolidation for 428
Sunnyridge Lane and Associated Subdivision Code Variance
Assistant City Planner Myles Campbell presented the staff report.
Mayor Harris opened the public hearing. As there were no comments, the public hearing
was closed.
Motion by La Mere-Anderson, Second by M. Harris to approve a Variance of 20 feet off of
the required 100 feet to a lot width of 80 feet at 428 Sunnyridge Lane.
Motion carried 5-0.
Motion by M. Harris, Second by Sanberg to approve the minor consolidation at 428
Sunnyridge Lane subject to the following conditions:
1. Engineering staff will determine if the dedication of new drainage and utility
easements are necessary prior to approval of the final plat.
2. The City Attorney will determine if a title review is necessary prior to approval of
the final plat.
City of Golden Valley City Council Regular Meeting
April 5, 2022 – 6:30 pm
6
Motion carried 5-0.
D. Public Hearing and Consideration of Ordinance No. 735, Approval of Major PUD
Amendment, Central Park West P.U.D. No. 121, Amendment #5 1653 Utica Avenue South
Planning Manager Jason Zimmerman presented the staff report.
Mayor Harris opened the public hearing. As there were no comments, the public hearing
was closed.
Motion by M. Harris, Second by Rosenquist to adopt Ordinance 735, Approval of Major
PUD Amendment, Central Park West PUD No. 121, Amendment 35.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
E. Meadowbrook School PUD No 90, Amendment #5, 5300/5430 Glenwood Avenue South
1. Resolution No. 22-036 – Future Land Use Amendment
Planning Manager Jason Zimmerman presented the staff report and noted that all
three public hearings for Item #4E would be combined into one public hearing with
motions taken at its conclusion.
Mayor Harris opened the public hearing. As there were no comments, the public
hearing was closed.
Motion by M. Harris, Second by Rosenquist to adopt Resolution No. 22-036
Amendment to the Future Land Use Map Designating 5300 Glenwood Avenue and
Associated Vacated Rights-of-Way as Institutional – Assembly, and to authorize staff
to forward the request to the Metropolitan Council for review.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La
Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A)
2. Ordinance No. 736 – Zoning Map Amendment
Motion by Rosenquist, Second by Sanberg to table the adoption of Ordinance No.
736 Amending the Zoning Map and Rezoning 5300 Glenwood Avenue and
Associated Vacated Rights-of-Way from Office to Institutional – Assembly (I-1) until
the change in land use has been reviewed by the Metropolitan Council.
Motion carried 5-0.
City of Golden Valley City Council Regular Meeting
April 5, 2022 – 6:30 pm
7
3. Ordinance No. 737 – Major PUD Amendment
Motion by Sanberg, Second by Rosenquist to table the adoption of Ordinance No.
737, Approval of Major PUD Amendment, Meadowbrook School PUD No. 90,
Amendment #6, until the change in land use has been reviewed by the Metropolitan
Council.
Motion carried 5-0.
5. Old Business
6. New Business
A. Approval of Resolution No. 22-037 – Awarding the Sale $3,895,000 General Obligation
Improvement Bonds, Series 2022A
Finance Director Sue Virnig introduced Doug Green, Baker Tilly, to present the report. She
also noted that the staff report stated that the resolution would be awarding the sale of
$4,150,000 of General Obligation Improvement Bonds; however, the figure now being
approved is $3,895,000.
Motion by M. Harris, Second by Sanberg to Approve Resolution #22-037 Awarding the
Sale of $3,895,000 General Obligation Improvement Bonds, Series 2022A Fixing Their
Form and Specifications, Directing Their Execution, and Delivery and Providing for their
payment.
Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
B. Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
C. Mayor and Council Communications
1. Other Committee/Meeting updates
7. Adjournment
Motion by Rosenquist, Second by M. Harris to adjourn the meeting at 8:35 pm.
Motion carried 5-0.
City of Golden Valley City Council Regular Meeting
April 5, 2022 – 6:30 pm
8
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
REGULAR MEETING MINUTES
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.
1. Call to Order
Mayor Harris called the meeting to order at 6:30 pm.
A. Pledge of Allegiance
B. Roll Call
Present: Mayor Shep Harris, Council Members Maurice Harris, Gillian Rosenquist,
and Kimberly Sanberg
Absent: Council Member Denise La Mere-Anderson
Staff present: City Manager Cruikshank, Finance Director Virnig, Fire Chief Crelly, Fire
Battalion Chief Bence, Police Chief Green, Assistant Police Chief White,
Public Works Director Kieffer, and City Clerk Schyma
C. Recognition of Golden Valley Fire Battalion Chief Ken Bence for his Participation and
Donations Raised for the American Lung Association Fight For Air Climb
Fire Chief John Crelly presented an overview of the award and introduced Terri Waddell,
Senior Director of Development with the American Lung Association in Minnesota.
Fire Battalion Chief Bence spoke about his personal connection to the Lung Association and
thanked his family and friends for their support.
The Council congratulated Fire Battalion Chief Ken Bence on this well-deserved award and
stated their appreciation for his leadership.
D. Proclamation for International Firefighters’ Day on May 4, 2022
Fire Chief Crelly presented an overview of the proclamation and discussed the work of
firefighters.
Motion by M. Harris, Second by Sanberg to support a proclamation recognizing May 4,
2022 as International Firefighters’ day.
Motion carried 4-0.
May 3, 2022 – 6:30 pm
Council Conference Room
Hybrid Meeting
City of Golden Valley City Council Regular Meeting
May 3, 2022 – 6:30 pm
2
E. Presentation of the Certificate of Achievement for Excellence in Financial Reporting
Finance Director Sue Virnig introduced Joel Merry, State Representative for the Minnesota
Government Finance Officers Association and Assistant Finance Director from Minnetonka,
who presented the award to the City of Golden Valley.
The Council thanked Finance Director Virnig and all finance staff for their hard work and
dedication to fiscal responsibility.
F. Proclamation Recognizing Arbor Day and Arbor Month
Public Works Director Kieffer presented an overview of the proclamation and discussed
the work of staff especially in regards to Emerald Ash Borer.
The Council thanked Public Works Director Kieffer and his staff for their great work
serving the residents of Golden Valley.
Motion by Sanberg, Second by M. Harris to support a proclamation declaring May 4,
2022 as Arbor Day and May 2022 as Arbor Month in the City of Golden Valley.
Motion carried 4-0.
G. Proclamation Recognizing National Police Week
Assistant Police Chief White presented an overview of the proclamation and introduced
Police Chief Virgil Green who started his new position on May 2.
The Council thanked all officers in the Police Department for their service and dedication
to the City. They also stated their appreciation to the families of the officers for their
support.
Motion by Rosenquist, Second by Sanberg to support a proclamation recognizing the
week of May 15 through May 21, 2022 as National Police Week in the City of Golden
Valley.
Motion carried 4-0.
2. Additions and Corrections to Agenda
Motion by Rosenquist, Second by M. Harris to approve the agenda as submitted.
Motion carried 4-0.
City of Golden Valley City Council Regular Meeting
May 3, 2022 – 6:30 pm
3
3. Consent Agenda
Motion by M. Harris, Second by Sanberg to approve the Consent Agenda as revised:
removal of Item #3E1 - Approve Resolution No. 22-045 to Accept a Donation for a Park Bench
and a Tree to be Located at Lions Park Honoring Jim Zwettler.
Motion carried 4-0.
A. Approval of Special City Council Meeting Minutes of April 19, 2022
B. Approval of Check Register
C. Boards, Commissions and Task Forces:
1. Receive and File Environment Commission Meeting Minutes – March 28, 2022
2. Receive and File Planning Commission Annual Report and Work Plan
3. Receive and File Board of Zoning Appeals Annual Report
4. Receive and File Environmental Commission Annual Report and Work Plan
D. Bids, Quotes, and Contracts:
1. Approve Fourth Amendment to the License Agreement with Golden Valley
Orchestra
2. Approve Court Rental Agreement with Twin City Tennis Camps
3. Authorize Waiver Agreement for the Minnesota Retiree Environmental Technical
Assistance Program with the State of Minnesota
4. Approve Purchase of Valves for Golden Valley Pump House
5. Approve Purchase of Salt Brine Production Equipment
6. Approve Purchase of Public Safety Lower-Level Conference Room Equipment and
Maintenance Contract
E. Grants and Donations:
1. Approve Resolution No. 22-045 to Accept a Donation for a Park Bench and a Tree to
be Located at Lions Park Honoring Jim Zwettler
F. Approve Resolution No. 22-046 Adopting an Epidemic/Pandemic Response Plan
G. Approve Resolution No. 22-047 to Update the Crisis Communications Plan
H. Receive and File March 2022 Quarterly Financial Reports
I. Approve Resolution No. 22-048 City Classification Structure Adjustments
3. Items Removed From the Consent Agenda:
3E1. Approve Resolution No. 22-045 to Accept a Donation for a Park Bench and a Tree to be
Located at Lions Park Honoring Jim Zwettler
Council Member Harris recognized the donation and stated the Council’s appreciation.
Motion by M. Harris, Second by Rosenquist to approve Resolution No. 22-045 to Accept a
Donation for a Park Bench and a Tree to be Located at Lions Park Honoring Jim Zwettler.
City of Golden Valley City Council Regular Meeting
May 3, 2022 – 6:30 pm
4
Motion carried 4-0.
4. Public Hearing
5. Old Business
6. New Business
All Ordinances listed under this heading are eligible for public input.
A. Second Consideration of Ordinance No. 738 Amending the 2022 Master Fee Schedule for
Outdoor Service Areas in Targeted Zoning Districts
Finance Director Sue Virnig discussed the staff report.
There were no public comments for this item.
Motion by M. Harris, Second by Sanberg to adopt Ordinance No. 738 Amending the 2022
Master Fee Schedule for Outdoor Services Areas in Targeted Zoning Districts Fees.
Motion carried 4-0 with unanimous approval. (In Favor: M. Harris, S. Harris, Rosenquist,
Sanberg. Opposed: N/A)
B. Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
C. Mayor and Council Communications
1. Other Committee/Meeting updates
7. Adjournment
Motion by M. Harris, Second by Sanberg to adjourn the meeting at 7:22 pm.
Motion carried 4-0.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
Golden Valley City Council Meeting
June 7, 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/Browse.aspx?id=927129&dbid=0&repo=GoldenValley
The check register(s) for approval:
• 05-13-22 Check Register
• 05-27-22 Check Register
Golden Valley City Council Meeting
June 7, 2022
Agenda Item
3. C. 1. Gambling License Exemption and Waiver of Notice Requirement – Sons of the American Legion
Post 523
Prepared By
Theresa Schyma, City Clerk
Summary
The Sons of the American Legion Post 523 have applied for a Gambling License Exemption to conduct
gambling (raffle) for an event at the Chester Bird American Legion Post 523, 200 Lilac Drive North, on
June 24, 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 the Sons of the American Legion Post 523 to conduct gambling (raffle) for an event at
the Chester Bird American Legion Post 523, 200 Lilac Drive North, on June 24, 2022
Supporting Documents
N/A
Golden Valley City Council Meeting
June 7, 2022
Agenda Item
3. C. 2. Approve 2022-2023 Liquor License Renewals
Prepared By
Theresa Schyma, City Clerk
Summary
The following establishments are due for renewal of their liquor licenses for the 2022-2023 period. The
following applicants have met the majority of the City Code requirements for the renewal of their
licenses and staff is recommending approval contingent upon the completion of a successful
background investigation.
Licensee Address License Type
Benihana 850 Louisiana Avenue N On-Sale and Sunday
Brookview Golf Course 200 Brookview Parkway On-Sale and Sunday
Cedar Lake Wine 7702 Olson Memorial Hwy Off-Sale
Chester Bird American Legion Post 523 200 Lilac Drive N Club On-Sale and Sunday
D'Amico and Sons, Inc. 7804 Olson Memorial Hwy On-Sale Beer and Wine
Davanni's Pizza & Hoagies 663 Winnetka Avenue N On-Sale Beer and Wine
Doolittles Woodfire 550 Winnetka Avenue N On-Sale and Sunday
Golden Valley Country Club 7001 Golden Valley Road On-Sale and Sunday
Golden Valley Holiday #3519 600 Boone Avenue 3.2 Off-Sale
Golden Valley Liquor Barrel 7890 Olson Memorial Hwy Off-Sale
Good Day Cafe 5410 Wayzata Blvd On-Sale and Sunday
Holiday Inn Express 6051 Golden Valley Drive 3.2 Off-Sale
J.J's Clubhouse 6400 Wayzata Blvd On-Sale and Sunday
JLD Group 1301 Theodore Wirth Pkwy On-Sale Beer and Wine
Lakeridge Wine & Spirits 2580 Hillsboro Avenue N Off-Sale
LAT 14 Asian Eatery 8815 7th Avenue N On-Sale and Sunday
Love Pizza 509 Winnetka Avenue N On-Sale Beer and Wine
Lund Beverages, LLC 5719 Duluth Street Off-Sale
Metropolitan Ballroom & Clubroom 5418 Wayzata Blvd On-Sale and Sunday
Mill Valley Market 1221 Theodore Wirth Pkwy On-Sale Beer and Wine
City Council Regular Meeting Executive Summary
City of Golden Valley
June 7, 2022
2
Licenses Address License Type
Mort’s Delicatessen 525 Winnetka Avenue On-Sale Beer and Wine
New Bohemia Wurst & Bier Haus 8040 Olson Memorial Hwy On-Sale and Sunday
Ramada Minneapolis West 6300 Wayzata Blvd On-Sale Beer and Wine
Red Lobster #157 8900 Golden Valley Road On-Sale and Sunday
Schuller's Tavern 7345 Country Club Drive On-Sale; Sunday and Off-Sale
Sodexo America One General Mills Blvd On-Sale
Speedway #4443 1930 Douglas Drive N 3.2 Off-Sale
Speedway #4497 6955 Market Street 3.2 Off-Sale
Teresa's Mexican Restaurant 5621 Duluth Street On-Sale and Sunday
Under Pressure Brewing 8806 7th Avenue N Brewer Taproom, Brewer
Off-Sale and Sunday
Financial Or Budget Considerations
Fees received for liquor licenses help to defray costs the City incurs to administer license requirements.
All license fees have been received.
Recommended Action
Motion to approve the renewal of the liquor licenses for the applicants listed above for the license
period of July 1, 2022 through June 30, 2023.
Golden Valley City Council Meeting
June 7, 2022
Agenda Item
3. C. 3. Approve New Multi-Family Rental Property License at The Xenia
Prepared By
John Crelly, Fire Chief
Jake Dashiell, Deputy Fire Marshal
Summary
The following is a new multi-family rental property. They have received their Partial Certificate of
Occupancy for Phase I / Building 1. Fees are based on participation in the S.T.A.R. Program. Staff is
recommending approval of the following license:
PROPERTY LICENSE FEE
The Xenia Apartments - 770 Xenia Avenue South $ 2,980
Financial or Budget Considerations
None
Recommended Action
Motion to authorize the issuance of the multi-family rental license through February 28, 2023.
Supporting Documents
None
Golden Valley City Council Meeting
June 7, 2022
Agenda Item
3. D. 1. Approve Professional Services Agreement with Quetica, LLC for the City Hall Boiler
Replacement Project #22-16
Prepared By
Tim Kieffer, Public Works Director
Al Lundstrom, Park Maintenance Superintendent
Summary
The original 1958 City Hall boiler is at end of life and needs to be replaced. The steam boiler requires
increasing repairs and maintenance and is inefficient to operate. In addition, the old pneumatic
controls and thermostats are outdated and do not communicate with each other creating further
inefficiencies.
The scope of work is to analyze current conditions and energy consumption, perform code review and
load calculations, investigate energy efficient options, prepare preliminary, final, and bid documents,
and oversee construction management.
Staff solicited requests for proposals (RFPs) from 37 consultants. Two proposals were received, and
each consultant was interviewed by city staff. The interview panel selected Quetica based on their
overall proposal and presentation.
Financial Or Budget Considerations
The 2022-2031 Buildings Capital Improvement Program includes $350,000 (B-043). The estimated cost
for the consulting services is $41,750.
Recommended Action
Motion to authorize the Mayor and City Manager to execute a professional services agreement with
Quetica, LLC in the form approved by the City Attorney for engineering services for the City Hall Boiler
Replacement Project #22-16 in the amount of $41,750.
Supporting Documents
• Professional Services Agreement with Quetica, LLC (13 pages)
1
PROFESSIONAL SERVICES AGREEMENT FOR
CITY HALL BOILER REPLACEMENT PROJECT #22-16
THIS AGREEMENT is made this June 7, 2022 (“Effective Date”) by and between Quetica, LLC a State
limited liability company with its principal office located at 4470 Erin Drive, Suite 101, Eagan, Minnesota
55122 (“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. Consultant is engaged in the business of providing Professional engineering consulting services
B. The City desires to hire Contractor to provide consulting services for the City Hall Boiler
Replacement Project #22-16.
C. Contractor represents that it has the professional expertise and capabilities to provide the City
with the requested services.
D. The City desires to engage Contractor to provide the services described in this Agreement and
Contractor is willing to provide such services on the terms and conditions in this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and
Contractor agree as follows:
AGREEMENT
1. Services. Contractor agrees to provide the City with the services as described in the attached Exhibit A
(the “Services”). Exhibit A shall be incorporated into this Agreement by reference. All Services shall be
provided in a manner consistent with the level of care and skill ordinarily exercised by professionals
currently providing similar services.
2. Time for Completion. The Services shall be completed on or before September 29, 2023, provided that
the parties may extend the stated deadlines upon mutual written agreement. This Agreement shall remain
in force and effect commencing from the effective date and continuing until the completion of the project,
unless terminated by the City or amended pursuant to the Agreement.
3. Consideration. The City shall pay Contractor for the Services according to the terms on the attached
hereto as Exhibit B. The consideration shall be for both the Services performed by Contractor and any
expenses incurred by Contractor in performing the Services. Contractor shall submit statements to the
City upon completion of the Services. The City shall pay Contractor within thirty (35) days after
Contractor’s statements are submitted.
4. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may be
terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time;
2
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 Services performed to the date of
termination and for all costs or other expenses incurred prior to the date of termination.
5. Amendments. No amendments may be made to this Agreement except in a writing signed by both
parties.
6. Remedies. In the event of a termination of this Agreement by the City because of a breach by
Contractor, the City may complete the Services either by itself or by contract with other persons or
entities, or any combination thereof. These remedies provided to the City for breach of this Agreement
by Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or
equitable remedies available because of Contractor’s breach.
7. 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.
8. 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; or 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.
9. 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: Worker’s Compensation Insurance as required by Minnesota Statutes,
section 176.181; Business Auto Liability in an amount not less than $1,000,000.00 per occurrence;
Professional Liability in an amount not less than $1,000,000.00 per occurrence; and Commercial General
Liability in an amount of not less than $1,000,000.00 per occurrence for bodily injury or death arising out
of each occurrence, and $1,000,000.00 per occurrence for property damage, $2,000,000.00 aggregate. To
meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a
combination of Excess and Umbrella coverage. Contractor shall provide the City with a current certificate
3
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.
10. Subcontracting. Neither the City nor Consultant shall assign, or transfer any rights under or interest
(including, but without limitation, moneys that may become due or moneys that are due) in the
Agreement without the written consent of the other except to the extent that the effect of this limitation
may be restricted by law. Unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or responsibility under
this Agreement. Nothing contained in this paragraph shall prevent Consultant from employing such
independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the
performance of the Services required by this Agreement. Any instrument in violation of this provision is
null and void.
11. Assignment. Neither the City nor Consultant shall assign this Agreement or any rights under or
interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any
assignment in violation of this provision is null and void.
12. Independent Contractor. Consultant is an independent contractor. Consultant’s duties shall be
performed with the understanding that Consultant has special expertise as to the services which
Consultant is to perform and is customarily engaged in the independent performance of the same or
similar services for others. Consultant shall provide or contract for all required equipment and personnel.
Consultant shall control the manner in which the services are performed; however, the nature of the
Services and the results to be achieved shall be specified by the City. The parties agree that this is not a
joint venture and the parties are not co-partners. Consultant is not an employee or agent of the City and
has no authority to make any binding commitments or obligations on behalf of the City except to the
extent expressly provided in this Agreement. All services provided by Consultant pursuant to this
Agreement shall be provided by Consultant as an independent contractor and not as an employee of the
City for any purpose, including but not limited to: income tax withholding, workers' compensation,
unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits.
13. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable
federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees
to provide the Services. Consultant’s guests, invitees, members, officers, officials, agents, employees,
volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual
harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy,
as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct
of persons on City property, at all times while performing duties pursuant to this Agreement. Consultant
agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach
of the Agreement and sufficient grounds for immediate termination of the Agreement by the City.
14. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall
constitute the entire agreement between the City and Consultant, and supersedes any other written or
oral agreements between the City and Consultant. This Agreement may only be modified in a writing
signed by the City and Consultant. If there is any conflict between the terms of this Agreement and the
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referenced or attached items, the terms of this Agreement shall prevail. If there is any conflict between
Exhibits A and B, the terms of Exhibit B shall prevail.
15. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
16. 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.
17. Conflict of Interest. Consultant 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, Consultant
shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to
provide the requested Services.
18. Work Products and Ownership of Documents. All records, information, materials, and work product,
including, but not limited to the completed reports, data collected from or created by the City or the City’s
employees or agents, raw market data, survey data, market analysis data, and any other data, work
product, or reports prepared or developed in connection with the provision of the Services pursuant to
this Agreement shall become the property of the City, but Consultant may retain reproductions of such
records, information, materials and work product. Regardless of when such information was provided or
created, Consultant agrees that it will not disclose for any purpose any information Consultant has
obtained arising out of or related to this Agreement, except as authorized by the City or as required by
law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or
interests in any intellectual property created by Consultant prior to the effective date of this Agreement;
however, to the extent Consultant generates reports or recommendations for the City using proprietary
processes or formulas, Consultant shall provide the City (1) factual support for such reports and
recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the
recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the
obligations in this paragraph shall survive the completion or termination of this Agreement.
19. Agreement Not Exclusive. The City retains the right to hire other professional consultant service
providers for this or other matters, in the City’s sole discretion.
20. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant,
created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this
Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13. Consultant agrees to notify the City within
three business days if it receives a data request from a third party. This paragraph does not create a duty
on the part of Consultant to provide access to public data to the public if the public data are available from
the City, except as required by the terms of this Agreement. These obligations shall survive the termination
or completion of this Agreement.
21. No Discrimination. Consultant agrees not to discriminate in providing products and services under this
Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status
with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate
termination of this Agreement. Consultant agrees to comply with the Americans with Disabilities Act as
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amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act,
Minnesota Statutes, Chapter 363A. Consultant agrees to hold harmless and indemnify the City from costs,
including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought
alleging a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents,
employees, volunteers, representatives and subcontractors. Upon request, Consultant shall provide
accommodation to allow individuals with disabilities to participate in all Services under this Agreement.
Consultant agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for
effective communication with individuals with disabilities.
22. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Tim
Kieffer, the Public Works Director of the City, or designee. Consultant’s authorized agent for purposes of
administration of this contract is Denny Langer, or designee who shall perform or supervise the
performance of all Services.
23. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally
delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt
requested, addressed to:
CONSULTANT THE CITY
Denny Langer
Quetica, LLC
5775 Wayzata Boulevard, Suite 700
St. Louis Park, MN 55416
Denny.langer@quetica.com
Tim Kieffer
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
tkieffer@goldenvalleymn.gov
or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
24. 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.
25. 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.
26. Payment of Subcontractors. Consultant agrees that it must pay any subcontractor within 10 days of
the prime contractor’s receipt of payment from the City for undisputed Services provided by the
subcontractor. Consultant agrees that it must pay interest of 1-1/2 percent per month or any part of a
month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid
balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be
awarded its costs and disbursements, including attorneys’ fees, incurred in bringing the action.
27. Publicity. At the City’s request, the City and Consultant shall develop language to use when discussing
the Services. Consultant agrees that Consultant shall not release any publicity regarding the Services or
the subject matter of this Agreement without prior consent from the City. Consultant shall not use the
City’s logo or state that the City endorses its services without the City’s advanced written approval.
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28. 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.
29. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are
duly authorized to sign on behalf of their respective organization. In the event Consultant did not
authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties
and liability of Consultant, described in this Agreement, personally.
30. Counterparts and Electronic Signatures. 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.
31. Recitals. The City and Consultant agree that the Recitals are true and correct and are fully
incorporated into this Agreement.
[Remainder of page left blank intentionally. Signature page follows.]
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IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be
executed by their duly authorized representatives in duplicate on the respective dates indicated below.
QUETICA, LLC CITY OF GOLDEN VALLEY:
By: _________________________________
Holly Zimmerman
Executive Director, Chief Operating Officer
By: _________________________________
Shepard M. Harris, Mayor
By: _________________________________
Timothy J. Cruikshank, City Manager
EXHIBIT A
SCOPE OF SERVICES
[Remainder of page left blank intentionally.]
EXHIBIT B
FEE SCHEDULE
Golden Valley City Council Meeting
June 7, 2022
Agenda Item
3. D. 2. Authorize Agreement Amendment for Custodial Services with Stratus Building Solutions
Prepared By
Tim Kieffer, Public Works Director
Al Lundstrom, Park Maintenance Superintendent
Summary
Seasonal staffing levels are well below normal causing some services to be delayed or postponed. To
alleviate some of the workload, staff is proposing to amend the current custodial services agreement.
The amendment would provide daily cleaning services at four park buildings Monday through Friday
before 9:00 am.
By contracting this service, staff will be able to focus on other maintenance related activities.
Financial Or Budget Considerations
Funding for the increased cost will come from allocating a portion of seasonal wages to professional
services.
Recommended Action
Motion to authorize the Mayor and City Manager to execute First Amendment to Custodial Services
Agreement for Brookview and Park Buildings in the form approved by the City Attorney to amend
custodial services at park shelters.
Supporting Documents
• First Amendment to Custodial Services Agreement for Brookview and Park Buildings (2 pages)
Page 1 of 2
FIRST AMENDMENT TO
CUSTODIAL SERVICES AGREEMENT FOR
BROOKVIEW AND PARK BUILDINGS
THIS FIRST AMENDMENT TO CUSTODIAL SERVICES AGREEMENT FOR BROOKVIEW AND PARK
BUILDINGS (“First Amendment”) is made effective as of June 7, 2022 (the “Amendment Effective Date”)
by and between the City of Golden Valley (the “City”) and Stratus Building Solutions (the “Contractor”).
WHEREAS, the City and Contractor are parties to an Agreement for Custodial Services to provide
cleaning services for Brookview, Golf Maintenance, and park shelters, effective January 1, 2022 (the
“Agreement”); and
WHEREAS, the parties desire to modify the Agreement as provided herein; and
WHEREAS, under the terms of the Agreement, upon the mutual written agreement of the City
and Contractor, the terms of the Agreement may be modified; and
WHEREAS, the parties wish to amend the Agreement as set forth below.
NOW THEREFORE, the parties agree to amend the Agreement as follows, effective as of the
Amendment Effective Date:
1. Recitals. The recitals set forth above are true and correct and are hereby incorporated herein by
reference. Any capitalized terms used herein but not defined have the same meaning as that ascribed
to them in the Agreement.
2. Temporary Changes to the Services and Compensation. Due to seasonal staffing shortages and to
protect the public health, the parties agree to temporarily modify the services and compensation as
follows. The Services listed in the table below shall be collectively referred to herein as the
“Temporary Services.”
Location Description of Services Cost
Brookview Park
Small Shelter
• Regular cleaning services shall be increased to provide daily
services Monday through Friday before 9:00 am.
$468.75/month
Brookview Park
Tennis Building
Bathrooms
• Regular cleaning services shall be increased to provide daily
services Monday through Friday before 9:00 am.
$468.75/month
Brookview Park
Large Shelter
• Regular cleaning services shall be increased to provide daily
services Monday through Friday before 9:00 am.
$468.75/month
Schaper Park
Bathrooms
• Regular cleaning services shall be increased to provide daily
services Monday through Friday before 9:00 am.
$468.75/month
3. Termination of Temporary Services. The Temporary Services shall continue until terminated by the
City or October 31, 2022, whichever comes first. Upon such termination, the Services (as defined in
the Agreement) shall resume and the City shall compensate the Contractor according to the fee
schedule in the Agreement. The City shall provide 5 days’ notice to Contractor of termination of the
Temporary Services.
Page 2 of 2
4. Ratification. Except as specifically provided in this First Amendment, each and every provision of the
Agreement, as amended through the date hereof, remains, and is, in all respects, in full force and
effect.
5. Miscellaneous. (i) The provisions hereof are binding upon and inure to the benefit of the parties and
their respective successors and assigns; and (ii) this First Amendment and the Agreement constitute
the entire understanding between the parties in respect to the subject matter hereof.
INTENDING TO BE LEGALLY BOUND HEREBY, the parties have executed this First Amendment as
evidenced by the signatures of their authorized representatives below.
STRATUS BUILDING SOLUTIONS
CITY OF GOLDEN VALLEY,
A MINNESOTA MUNICIPAL CORPORATION
By: __________________________________
Eric Husemann, Sales Manager
By ________________________________
Shepard M. Harris, Mayor
By ________________________________
Timothy J. Cruikshank, City Manager
\\files\administration$\City Council agendas\Agenda Packets\2022\06-07-22\3 - Consent\3D - Bids, Quotes, and Contracts\---3D3 - Approve Bassett Creek
Streambank Project\1 - Bassett Creek Streambank Stabilization (22-15).docx
Golden Valley City Council Meeting
June 7, 2022
Agenda Item
3. D. 3. Authorize Agreement for Bassett Creek Streambank Stabilization Project #22-15
Prepared By
Drew Chirpich, Water and Natural Resource Specialist
Summary
The City of Golden Valley issued a request for proposals (RFP) to provide professional engineering
services to design, bid, and perform construction administration for the stabilization and restoration of
a portion of Bassett Creek approximately 500 feet long within the City owned and operated Brookview
Golf Course. The RFP specifies a streambank stabilization technique with a natural appearance,
including correctly sizing and specifying rock material, slope grading, erosion and sediment control, and
vegetation restoration. The contract will include preliminary engineering, permitting, final design, and
construction administration and observation.
Staff solicited proposals (RFP) from 22 engineering firms including local Disadvantaged Business
Enterprises (DBEs) listed on the MNUCP website in the spring of 2022. Two proposals were received by
ISG and WSB and were reviewed by staff for various criteria including contractor qualifications,
proposed methods, and commitment to Diversity, Equity, and Inclusion.
Staff reviewed the submitted proposals and found them to be accurate and in order. Based on the
criteria set forth in the RFP, staff recommends selecting ISG, Incorporated for professional services in
the amount of $34,910.
The exact project schedule will be determined through the design process; however, the anticipated
schedule is outlined below:
PROPOSAL AND SELECTION TASK DATE
City issues request for proposal for professional services (design) April 22, 2022
Consultants notified of selection (date subject to change) June, 2022
Contract considered by the City Council (Tentative) June 7, 2022
City issues RFQ for construction Fall, 2022
City Reviews Quotes and awards contract for construction (Tentative) Late Fall, 2022
Consultant stakes project for construction and provides all required oversight
including monitoring quantities and material testing
Winter, 2022
City Council Regular Meeting Executive Summary
City of Golden Valley
June 7, 2022
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Final project walkthrough and development of record drawings Spring 2023
Financial Or Budget Considerations
The City of Golden Valley 2022-2031 Capital Improvement Program SS-74, includes $150,000 in 2022
for this Bassett Creek Streambank Stabilization, including professional services and construction.
Recommended Action
Motion to authorize the Mayor and City Manager to execute an agreement with ISG, Incorporated in
the form approved by the City Attorney for the for Bassett Creek Streambank Stabilization Project #22-
15 in the amount of $34,910.
Supporting Documents
• Professional Services Agreement with ISG (30 pages)
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PROFESSIONAL SERVICES AGREEMENT
Brookview Bassett Creek Streambank Stabilization
PUBLIC IMPROVEMENT PROJECT #22-15
THIS AGREEMENT is made this June 7, 2022 (“Effective Date”) by and between ISG, Incorporated a
Minnesota corporation with its principal office at 6465 Wayzata Blvd, Suite #970, St. Louis Park, Minnesota
55426 (“Consultant”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation
located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”):
RECITALS
A. Consultant is engaged in the business of providing professional engineering consulting services.
B. The City desires to hire Consultant to provide Consultant Services for the Brookview Bassett Creek
Streambank Stabilization City Project #22-15.
C. Consultant represents that it has the professional expertise and capabilities to provide the City
with the requested professional services.
D. The City desires to engage Consultant to provide the services described in this Agreement and
Consultant is willing to provide such services on the terms and conditions in this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and
Consultant agree as follows:
AGREEMENT
1. Services. Consultant agrees to provide the City with professional consulting services as described
in the attached Exhibit A (the “Services”). Exhibit A shall be incorporated into this Agreement by
reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily
exercised by professionals currently providing similar services. Consultant may reasonably rely on
information and documents provided by or through the City.
2. Time for Completion. The Services shall be completed on or before Chose Date, provided that
the parties may extend the stated deadline upon mutual written agreement. This Agreement shall remain
in force and effect commencing from the effective date and continuing until the completion of the project,
unless terminated by the City or amended pursuant to the Agreement.
3. Consideration. The City shall pay Consultant for the Services on an hourly basis and for necessary
out-of-pocket expenses at the rates set forth in Consultant’s fee schedule, attached hereto as Exhibit B.
Consultant’s total compensation for the Services, including hourly fees and expenses, shall not exceed
$34, 910. The consideration shall be for both the Services performed by Consultant and any and all
expenses incurred by Consultant in performing the Services. The City shall make progress payments to
Consultant on a monthly basis. Consultant shall submit statements to the City containing a detailed list
of project labor and hours, rates, titles, and amounts undertaken by Consultant during the relevant billing
period. The City shall pay Consultant within thirty (30) days after Consultant’s statements are submitted.
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4. Approvals. Consultant shall secure the City’s written approval before making any expenditures,
purchases, or commitments on the City’s behalf beyond those listed in the Services. The City’s approval
may be provided via electronic mail.
5. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may
be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time;
b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City
upon providing thirty (30) days’ written notice to the City;
c. The City may terminate this Agreement at any time at its option, for any reason or no reason at
all; or
d. The City may terminate this Agreement immediately upon Consultant’s failure to have in force
any insurance required by this Agreement.
In the event of a termination, the City shall pay Consultant for Services performed to the date of
termination and for all costs or other expenses incurred prior to the date of termination.
7. Amendments. No amendments may be made to this Agreement except in a writing signed by
both parties.
8. Remedies. In the event of a termination of this Agreement by the City because of a breach by
Consultant, the City may complete the Services either by itself or by contract with other persons or
entities, or any combination thereof. These remedies provided to the City for breach of this Agreement
by Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or
equitable remedies available because of Consultant’s breach.
9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that
the books, records, documents, and accounting procedures and practices of Consultant, that are relevant
to this Agreement or transaction, are subject to examination by the City and the state auditor or legislative
auditor for a minimum of six years. Consultant shall maintain such records for a minimum of six years
after final payment. The parties agree that this obligation will survive the completion or termination of this
Agreement.
10. Indemnification. To the fullest extent permitted by law, Consultant, and Consultant's successors
or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials,
agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature,
or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but
not limited to reasonable attorneys’ fees, professional services, and other technical, administrative or
professional assistance to the extent resulting from Consultant’s (or its subcontractors, agents, volunteers,
members, invitees, representatives, or employees) negligent performance of the duties required by or arising
from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by
Consultant, or arising out of Consultant’s failure to obtain or maintain the insurance required by this
Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation
of liability to which the City is entitled. The parties agree that these indemnification obligations shall survive
the completion or termination of this Agreement.
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11. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement.
Contractor agrees that before any work related to the approved project can be performed, Contractor
shall maintain at a minimum:
A. Workers’ Compensation and Employers’ Liability
1. Coverage A: Per state statute
2. Coverage B: $500,000 each accident
$500,000 Disease – policy limit
$500,000 Disease – each employee
B. Commercial General Liability
1. $200,000,000 General Aggregate
2. $2,000,000 Products—Completed Operations Aggregate
3. $1,000,000 Each Occurrence
4. $1,000,000 Personal Injury
C. Commercial Automobile Liability
1. $1,000,000 Combined single limit bodily injury and property damage. The
Commercial Automobile Liability shall provide coverage for the following
automobiles:
i. All owned automobiles
ii. All non-owned automobiles
iii. All hired automobiles
D. Umbrella Liability
1. $10,000,000 Each claim
2. $10,000,000 Annual aggregate
The umbrella liability shall provide excess limits for the commercial general liability policies.
E. Professional and Pollution Incident Liability
Professional liability insurance including pollution incident liability coverage with limits of
not less than:
1. $5,000,000 per claim
2. $5,000,000 annual aggregate
Contractor shall provide the City with a current certificate of insurance including the following
language: “The City of Golden Valley is named as an additional insured with respect to the commercial
general liability, business automobile liability and umbrella or excess liability, as required by the
contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate
of liability insurance shall list the City as an additional insured and contain a statement that such policies
of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or
10 days’ written notice in the case of non-payment.
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12. Assignment. Neither the City nor Consultant shall assign or transfer any rights under or interest
(including, but without limitation, moneys that may become due or moneys that are due) in this
Agreement without the prior written consent of the other except to the extent that the effect of this
limitation may be restricted by law. Any assignment in violation of this provision is null and void. Unless
specifically stated to the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this
paragraph shall prevent Consultant from employing such independent consultants, associates, and
subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this
Agreement. Any instrument in violation of this provision is null and void.
13. Independent Contractor. Consultant is an independent contractor. Consultant’s duties shall be
performed with the understanding that Consultant has special expertise as to the services which
Consultant is to perform and is customarily engaged in the independent performance of the same or
similar services for others. Consultant shall provide or contract for all required equipment and personnel.
Consultant shall control the manner in which the services are performed; however, the nature of the
Services and the results to be achieved shall be specified by the City. The parties agree that this is not a
joint venture and the parties are not co-partners. Consultant is not an employee or agent of the City and
has no authority to make any binding commitments or obligations on behalf of the City except to the
extent expressly provided in this Agreement. All services provided by Consultant pursuant to this
Agreement shall be provided by Consultant as an independent contractor and not as an employee of the
City for any purpose, including but not limited to: income tax withholding, workers' compensation,
unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits.
14. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable
federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees
to provide the Services. Consultant’s guests, invitees, members, officers, officials, agents, employees,
volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual
harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy,
as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct
of persons on City property, at all times while performing duties pursuant to this Agreement. Consultant
agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach
of the Agreement and sufficient grounds for immediate termination of the Agreement by the City.
15. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties
shall constitute the entire agreement between the City and Consultant, and supersedes any other written
or oral agreements between the City and Consultant. This Agreement may only be modified in a writing
signed by the City and Consultant. If there is any conflict between the terms of this Agreement and the
referenced or attached items, the terms of this Agreement shall prevail. If there is any conflict between
this Agreement and Exhibits A or B, the terms of this Agreement shall prevail.
16. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
17. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with
the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement
shall be mediated with a mutually acceptable third-party neutral within 90 days of either party giving
notice to the other of a dispute, controversy or claim. If such mediation is unsuccessful, the dispute,
controversy, or claim shall be heard in the state or federal courts of Hennepin County, Minnesota, and all
5
parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on
convenience or otherwise.
18. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in its representation of the City. In the event of a conflict of interest,
Consultant shall advise the City and either secure a waiver of the conflict, or advise the City that it will be
unable to provide the requested Services.
19. Work Products and Ownership of Documents. All records, information, materials, and work
product, including, but not limited to the completed reports, data collected from or created by the City or
the City’s employees or agents, raw market data, survey data, market analysis data, and any other data,
work product, or reports prepared or developed in connection with the provision of the Services pursuant
to this Agreement shall become the property of the City, but Consultant may retain reproductions of such
records, information, materials and work product. Regardless of when such information was provided or
created, Consultant agrees that it will not disclose for any purpose any information Consultant has
obtained arising out of or related to this Agreement, except as authorized by the City or as required by
law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or
interests in any intellectual property created by Consultant prior to the effective date of this Agreement;
however, to the extent Consultant generates reports or recommendations for the City using proprietary
processes or formulas, Consultant shall provide the City (1) factual support for such reports and
recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the
recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the
obligations in this paragraph shall survive the completion or termination of this Agreement. Any reuse of
the records, information, materials, or work product without written verification or adaptation by
Consultant will be at the City’s sole risk and without liability or legal exposure to Consultant.
20. Agreement Not Exclusive. The City retains the right to hire other professional service providers for
this or other matters, in the City’s sole discretion.
21. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant,
created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this
Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13. Consultant agrees to notify the City within
three business days if it receives a data request from a third party. This paragraph does not create a duty
on the part of Consultant to provide access to public data to the public if the public data are available from
the City, except as required by the terms of this Agreement. These obligations shall survive the termination
or completion of this Agreement.
22. No Discrimination. Consultant agrees not to discriminate in providing products and services under
this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status
with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate
termination of this Agreement. Consultant agrees to comply with Americans with Disabilities Act as
amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act,
Minnesota Statutes, Chapter 363A. Consultant agrees to hold harmless and indemnify the City from costs,
including but not limited to damages, reasonable attorneys’ fees and staff time, in any action or
proceeding brought alleging a violation of these laws by Consultant or its guests, invitees, members,
officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request,
Consultant shall provide accommodation to allow individuals with disabilities to participate in all Services
6
under this Agreement. Consultant agrees to utilize its own auxiliary aid or service in order to comply with
ADA requirements for effective communication with individuals with disabilities.
23. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is
Jeff Oliver, City Engineer, or designee. Consultant’s authorized agent for purposes of administration of
this contract is Greg Johnson, PE, or designee who shall perform or supervise the performance of all
Services.
24. Notices. Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return
receipt requested, addressed to:
CONSULTANT THE CITY
ISG, Incorporated
Jacob Rischmiller
6465 Wayzata Blvd, Suite, #970
St. Louis Park, MN 554262
Jacob.rischmiller@ISGInc.com
City of Golden Valley
Drew Chirpich
7800 Golden Valley Road
Golden Valley, MN 55437
dchirpich@goldenvalleymn.gov
or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
26. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver
of any other provisions or any other or further breach, and no such waiver shall be effective unless made
in writing and signed by an authorized representative of the party to be charged with such a waiver.
27. Headings. The headings contained in this Agreement have been inserted for convenience of
reference only and shall in no way define, limit or affect the scope and intent of this Agreement.
28. Payment of Subcontractors. Consultant agrees that it must pay any subcontractor within 10 days
of the Consultant’s receipt of payment from the City for undisputed Services provided by the
subcontractor. Consultant agrees that it must pay interest of 1-1/2 percent per month or any part of a
month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid
balance of less than $100, the Consultant shall pay the actual penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from Consultant must be awarded
its costs and disbursements, including attorneys’ fees, incurred in bringing the action.
29. Publicity. At the City’s request, the City and Consultant shall develop language to use when
discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the
Services or the subject matter of this Agreement without prior consent from the City. Consultant shall not
use the City’s logo or state that the City endorses its services without the City’s advanced written
approval.
30. Severability. In the event that any provision of this Agreement shall be illegal or otherwise
unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full
force and effect.
7
31. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they
are duly authorized to sign on behalf of their respective organization. In the event Consultant did not
authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties
and liability of Consultant, described in this Agreement, personally.
32. Counterparts and Electronic Communication. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute
one and the same instrument. This Agreement may be transmitted by electronic mail in portable
document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as
original signatures.
33. Recitals. The City and Consultant agree that the Recitals are true and correct and are fully
incorporated into this Agreement.
IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be
executed by their duly authorized representatives in duplicate on the respective dates indicated below.
ISG, INCORPORATED: CITY OF GOLDEN VALLEY:
By: _________________________________
Name: Jacob Rischmiller, P,E.
Title: Civil Engineer
By: _________________________________
Shepard M. Harris, Mayor
By: _________________________________
Timothy J. Cruikshank, City Manager
8
EXHIBIT A
SCOPE OF SERVICES
FOR:
Drew Chirpich
Environmental Specialist
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
763.593.8044
dchirpich@goldenvalleymn.gov
FROM:
Jacob Rischmiller, PE
Civil Engineer, Point of Contact
ISG
6465 Wayzata Boulevard + Suite 970
St. Louis Park, MN 55426
952.426.0699
Jacob.Rischmiller@ISGInc.com
Walter Eshenaur, PE
Senior Project Manager
ISG
6465 Wayzata Boulevard + Suite 970
St. Louis Park, MN 55426
952.426.0699
Walter.Eshenaur@ISGInc.com
Chuck Brandel, PE
Vice President, Water Resources
Business Unit Leader
ISG
115 East Hickory Street + Suite 300
Mankato, MN 56001
507.387.6651
Chuck.Brandel@ISGInc.com
City of Golden Valley
Proposal for Brookview Bassett Creek Streambank Stabilization
Public Improvement Project 22-15
MAY 13, 2022
Table of Contents
A. Cover Page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B. Transmittal Letter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
C. Key Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
D. Statement of Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
E. References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
F. Project Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
G. Proposed Timeline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
H. Deviations from RFP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
I. Cost Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
J. Diversity, Equity, and Inclusion Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
ARCHITECTURE
Architecture
Interior Design
Landscape Architecture
Planning
ENGINEERING
Civil
Drone Services
Electrical
Land Surveying
Mechanical
Municipal
Refrigeration
Steam + Power
Structural
Technology
Telecommunications
Transportation
Water/Wastewater
3D Scanning
ENVIRONMENTAL
Assessments + Review
Geographic Information Systems
Permitting + Compliance
Planning + Feasibility
Testing + Monitoring
PLANNING
Community
Municipal
Resources
Urban
6465 Wayzata Blvd + Suite 970 + St. Louis Park, MN 55426 + 952.426.0699 ISGInc.com
INNOVATIVE APPROACH
The regulatory requirements of streambank stabilization requires a team with the specialty skills and resources in the field and
office to move this project forward. Using advanced technology such as 3D scanning, drone, Geographic Information Systems (GIS),
hydrologic and hydraulic modeling, and digital engagement strategies, we provide precise, high-quality deliverables to save you time
and money.
The following comprehensive proposal outlines our approach and qualifications to perform the scope of work. We look forward to
providing you with responsive service, a collaborative approach, and timely delivery.
Sincerely,
Jacob Rischmiller, PE Walter Eshenaur, PE
Civil Engineer Senior Project Manager
B. Transmittal Letter
Drew,
As the City of Golden Valley (the City) looks to stabilize the streambank erosion
occurring within Bassett Creek along the sixth fairway at Brookview Golf Course, ISG
stands eager and ready to assist as your dedicated project partner. ISG understands
that the City has been monitoring this creek segment for several years as the erosion
has been encroaching on a golf-cart path, requiring the eventual rerouting of the path.
To avoid further disruption to the golf course, the City has committed funds to restore
this approximately 500-ft. segment of Bassett Creek. To do so, engineering services
are needed to perform slope grading, erosion and sediment control, and restore the
streambank with a natural appearance.
Backed by 400+ multi-disciplinary professionals, with vast water resources management
experience, ISG offers the following advantages for performing this scope of work:
MULTI-DISCIPLINARY EXPERTISE
ISG’s dedicated water resources team offers a balanced line-up of experienced project
leadership, environmental experts, water resource engineers, plant ecologists, and
GIS specialists. Their collective passion for the restoration and protection of natural
resources, along with their professional skill-sets, will result in right-sized solutions and a
successful project completion within the City’s desired timeline.
TRANSLATABLE EXPERIENCE
With a diverse portfolio of urban and rural water restoration projects, ISG will provide
responsive, targeted, and effective services. Backed by decades of valuable experience
in streambank and ditch bank stabilization, watershed planning, public engagement,
and habitat restoration, we have established trusted relationships with local, state, and
federal agencies to expedite the approval process, ensuring the City can move quickly
on the project.
MAY 13, 2022
Drew Chirpich
Environmental Specialist
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
763.593.8044
dchirpich@goldenvalleymn.gov
400+
EMPLOYEES
44
STATES LICENSED
ZWEIG GROUP
HOT FIRM LIST FOR 2021
TOP 500
2021 ENR FIRM
This proposal is valid for 120 days after the proposal due date.
Chuck Brandel, PE
Vice President, Water Resources
Business Unit Leader
ISGInc.com Page 1 of 17
C. Key Staff
PARTNERS FOR SUCCESS
Working with ISG means gaining a partner that is experienced in delivering cost-effective, creative solutions that protect the natural
environment, improve water quality, and restore the ecological balance of habitats. Our team members were strategically selected
based on their expertise in urban and rural streambank restoration. Additionally, as a full-service firm, we are able to pull from over
400 professionals to ensure timely delivery and responsiveness for the City.
Jacob Rischmiller, PE
Civil Engineer, Point of Contact
MN Registration #58670
BIOGRAPHY
Jacob specializes in water resources design to maximize water
quality and ecological benefits while limiting the impact to
natural resources. From ditch bank stabilization to watershed
planning, he applies his knowledge of hydraulic and hydrology
modeling to examine not only what the client wants but
alternative ideas that may be more cost effective long-term.
Managing costs is a large component of Jacob’s commitment to
innovative water resources design as he understands that most
municipalities are working within a constrained budget. Cost
effective design solutions lead to less stress on city governments,
already operating on a tight budget. From project kickoff, Jacob
reviews each project from different viewpoints to identify
potential issues or risks to the client. He emphasizes an open
line of communication about each item that is discovered and its
impact on overall project goals.
EDUCATION
Bachelor of Science in Civil Engineering,
Minnesota State University, Mankato
Mankato, MN
PROJECT EXPERIENCE
Jackson County JD 13 Ditch Bank Stabilization
Worthington, MN
Jackson County JD 3 Ditch Bank Stabilzation
Lakefield, MN
Stevens County CD 18 Ditch Bank Stabilization
Alberta, MN
Role: Project Manager
Walter Eshenaur, PE
Senior Project Manager
MN Registration #40929
BIOGRAPHY
Walter brings valuable perspective and direct industry
understanding. His expertise lies in civil, biosystem, and
bioproducts engineering to drive custom solutions related
to hydrology and hydraulics, stream, river channel and dam
stabilization and restoration, stormwater conveyance and
treatment BMPs, and pumping systems—all of which will
positively contribute to ISG’s well-rounded, comprehensive
water solutions team.
In addition to his 33 years of experience, Walter is an instructor
for the University of Minnesota (UofM) where he leads courses
in ecological engineering and design, and civil engineering
technology. He is a 15-year volunteer mentor for the UofM
Engineers without Borders program, and is past Department
Chair of Bioproducts and Biosystems Engineering Industry
Advisory Council.
EDUCATION
Master of Science in Agricultural/Water Resources Engineering;
Bachelor of Science in Agricultural/Water Resources Engineering,
University of Minnesota, Twin Cities
St. Paul, MN
Design of Construction SWPPP Certification; Construction Site
Management Certification, University of Minnesota Extension
PROJECT EXPERIENCE *Completed at previous firm.
Three Rivers Park District, Baker Park
Campground Ravine Stabilization*
Maple Plain, MN
Sakatah Singing Hills State Trail Streambank Stabilization*
Mankato, MN
Hardwood Creek Stabilization + Remeander*
Lino Lakes, Minnesota
Role: Project Advisor
Page 2 of 17 Architecture + Engineering + Environmental + Planning
C. KEY STAFF
Chuck Brandel, PE
Vice President, Water Resources
Business Unit Leader
MN Registration #43359
BIOGRAPHY
Chuck’s significant expertise in watershed management is
widely recognized throughout the upper Midwest and has made
him a frequently requested authority and designer on many
projects throughout the region. Chuck understands the required
processes and procedures for environmental projects and works
closely with landowners, local governments and watershed
districts, and regulatory agencies, both in planning and design.
The result is smooth and timely delivery, and projects that
improve human interaction with water systems while reducing
environmental impacts.
Chuck has served as a thought-leader across the region
regarding the implementation of best management practices
and multipurpose drainage management strategies, and is ISG’s
key expert in watershed planning. Protecting, enhancing, and
reinforcing water quality is at the core of Chuck’s mission as an
engineer, and his work reflects this commitment.
EDUCATION
Bachelor of Science in Civil Engineering,
Iowa State University
Ames, IA
PROJECT EXPERIENCE
Sibley Parkway/Minnesota River Restoration
Mankato, MN
River Hills Lane/Le Sueur River Restoration
Blue Earth County, MN
Chankaska Creek Ranch + Winery
Streambank Stabilization
Kasota, MN
Role: Principal In Charge
Leah Weston, MSc
Plant Ecologist
BIOGRAPHY
Recently joining ISG’s Environmental Group as a Plant
Ecologist, Leah brings five years of ecological experience to
the team. As a former biology educator and scientist, she
has experience conducting vegetation surveys, designing
restorations, and writing technical reports. She works across
interdisciplinary teams to ensure proper restoration planning
considerations are incorporated into projects from the start,
leading to long term vegetation establishment and success.
Working at the intersection of restoration ecology and
engineering, Leah is motivated to translate ecological knowledge
into resilient landscapes.
EDUCATION
Master of Science Evolution in Ecology and Organismal Biology,
Ohio State University
Columbus, OH
Bachelor of Science in Botany and Environmental Studies,
University of Wisconsin
Madison, WI
Design of Construction SWPPP Certification, University of
Minnesota Extension
PROJECT EXPERIENCE
Lake Washington Regional Park Restoration Design
Le Sueur County, MN
Webster County Conservation Center Restoration Design
Fort Dodge, IA
Indian Creek Recreational Corridor + Access Plan
Marion, IA
Role: Biodiversity Planning + Design
C. KEY STAFF
ISGInc.com Page 3 of 17
Geoff Kramer, PE, CFM
Civil Engineer
MN Registration #54740
BIOGRAPHY
Geoff has been providing civil engineering services and water
resource expertise for nearly 15 years. Specializing in water
resource engineering, he provides hydrologic (HEC-HMS,
HydroCAD) and hydraulic modeling (HEC-RAS, PCSWMM,
XPSWMM-2D, and SRH-2D) for urban and rural watersheds.
His hydraulic modeling experience includes both 1D and 2D
modeling of rural drainage systems, urban stormwater, and river
modeling at scour-critical bridges from failure. As a Certified
Floodplain Manager, Geoff has experience with FEMA floodplain
permitting and modeling to support permitting requirements.
Additionally, Geoff provides construction administration services
and project management services—bringing a boots-on-the-
ground perspective to system design and function. His dynamic
experience and industry knowledge bring value to project
teams—resulting in satisfied clients and optimized systems
throughout the Midwest.
EDUCATION
Master of Science in Biosystems and Agricultural Engineering;
Bachelor of Biosystems and Agricultural Engineering,
University of Minnesota
St. Paul, MN
Certified Floodplain Manager #US-18-10753
PROJECT EXPERIENCE
Lake Washington Regional Park Bridge Replacement
Le Sueur County, MN
St. Louis Park SWMM Modeling*
St. Louis Park, MN
Jennings Bay Wetland Restoration +
Floodplain Mitigation*
Minnetrista, MN
*Completed at a previous firm
Role: Modeling
Mark Schwanz, LS
Land Surveyor
MN Registratin #45817
BIOGRAPHY
Mark has been responsible for hundreds of surveys, including
boundary surveys, ALTA ACSM Land Title Surveys, preliminary
surveys for infrastructure improvements, photo control,
construction staking, and site layout. Mark works closely with
drone pilots and GIS project managers to lead site surveying
efforts through the implementation of innovative technologies.
Mark brings a unique perspective to land surveying projects
that allows him to consider how a project fits into the larger
landscape. His topographic survey work identifies man-made and
natural features that impact the site. This includes elevations of
road crossings, tile inlets/outlets, and bridges, as well as natural
features, including rivers, streams, lakes, creeks, and wetlands.
Mark’s topographic surveys also typically include centerline,
toes of open channels, water level elevations, roadway cross
sections, culvert inlets and dimensions, open water ponds, and
miscellaneous points of interest.
EDUCATION
Bachelor of Science in Political Science,
Gustavus Adolphus College
St. Peter, MN
Surveying and Civil Engineering Technology Courses,
Dunwoody College of Technology
Minneapolis, MN
PROJECT EXPERIENCE
Stevens County Ditch No. 25
Stevens County, MN
East Medicine Lake Park
Plymouth, MN
Glen Park Pavilion
River Falls, WI
Role: Surveying
C. KEY STAFF
ISGInc.com Page 4 of 17
Casey Decker
GIS Specialist
BIOGRAPHY
Casey manages geographic information and data, including
ArcGIS for Server and Online Implementation, ArcSDE, and
GPS Field Data Collection. He specializes in applying this data to
specific services and industries, including wastewater systems,
inflow and infiltration studies, underground utilities, operations,
interior mapping, and database integration. Casey’s technical
specialties allow him to produce interactive, engaging maps for
public engagement and technical assessments.
Optimizing GIS capabilities, Casey works with ISG’s
videographers, drone pilots, and visualization team to present
statistics and basemaps for project needs using infographics and
engaging visuals that resonate with project stakeholders and
the community. These designs integrate cross-disciplinary data,
including environmental services that pinpoint conservation
opportunities, as well as endangered habitats that may be
impacted during implementation for more sustainable and
environmental conscious designs.
EDUCATION
Bachelor of Science in Geography with GIS Emphasis; Bachelor
of Science in Geology, Gustavus Adolphus College
St. Peter, MN
PROJECT EXPERIENCE
Drummer Wetland Bank Restoration
Danville Township, MN
CR 76 Wetland Delineation
Rice County, MN
CSAH 46 Wetland Delineation
Rice County, MN
Role: GIS Mapping + Drone
ADDED VALUE SERVICES
At ISG, we are constantly looking for ways to
strengthen our value as project partners to increase the
value, longevity, and versatility of the deliverables we
provide. To do so, we’ve continued to bring new talent,
specialties, and technologies to the firm, to bring even
greater value to the City's project.
GEOGRAPHIC INFORMATION
SYSTEMS (GIS)
Creating geospatial mapping systems is a valuable
tool used to familiarize the team with existing site
conditions during the initial planning stages, and help
prioritize and optimize improvement solutions.
DRONE
Using images collected during fly-overs, ISG can
capture aerial survey photos, quickly model surfaces,
and develop preliminary site plans more efficiently than
traditional methods.
Watch our drones in action!
bit.ly/drone_ISG
Scan the code to learn more!
bit.ly/gis_ISG
ISGInc.com Page 5 of 17
D. Statement of Qualifications
APPROACH
Both human and ecological systems need healthy streambanks and shorelines to thrive.
Over time, erosion can negatively impact these areas, resulting in failed infrastructure,
reduced water quality and property values, and poor site conditions.
ISG’s multi-disciplinary team of engineers and environmental scientists partner with
urban and rural communities to implement a variety of stabilization strategies that
provide multiple benefits, including improved water quality, storage capacity, and
enhanced habitat. ISG does this by working with clients throughout the process, from
inventory and analysis of existing conditions to hydrologic and hydraulic modeling,
GIS, concept design, public engagement, and implementation. From vegetation-based
installations that stabilize erosion to highly engineered channel shape design, we
consider your site, provide tailored designs, and apply right-sized solutions to achieve
long-term stability.
LISTEN + ASK QUESTIONS
Our role is to listen to your wants and needs, ask the right
questions, and offer solutions based on your goals.
EXPERIENCE
ISG will leverage its nearly five decades of water resource
management experience to bring high-quality, environmentally
sound design options, exceeding the City’s expectations.
COLLABORATION
All planning, design, and construction administration services are
in-house, allowing for one point of contact, streamlined project
plan, and focused team.
ALTERNATIVE ANALYSIS
Design alternatives will be considered to optimize the effectiveness
of the stabilization system, quickly achieve Bassett Creek
Watershed Management Commission (BCWMC) approval, and
lower maintenance issues for the City.
BETTER DECISIONS, FASTER
Considering the accelerate timeline, ISG will provide timely and
thoughtful options to meet the City’s goals and project schedule.
RELATED SERVICES
+ E X P E RTI S E
WETLAND, LAKE, AND
STREAM RESTORATION
AND MANAGEMENT
Calcareous Fen Management
Lake + Surface Water
Quality Modeling
Streambank Stabilization
Stream Restoration
Wetland Restoration
GEOGRAPHIC
INFORMATION SYSTEMS
Analysis + Prioritization
Cartographic Production
Mapping/Surveying
Surface Resource Modeling
Wetland Mapping + Classification
NATURAL RESOURCE
MANAGEMENT
Biological Community Assessments
Habitat Assessments + Restoration
Lake, Stream, and Wetland Monitoring
Tree Inventories
WAT E R S H E D,
SUBWATERSHED,
AND WATER
RESOURCE MANAGEMENT
AND PLANNING
BMP Prioritization, Planning,
and Implementation
Comprehensive Watershed
Management Plans
Feasibility Studies
Water Quality +
Stormwater Management
Page 6 of 17 Architecture + Engineering + Environmental + Planning
D. STATEMENT OF QUALIFICATIONS
TRANSLATABLE EXPERIENCE
Working with ISG means gaining a partner with a diverse range of water resource management experience. From streambanks to
ditch banks, our forward-thinking team applies progressive measures to deliver tailored designs that reflect the needs of the site and
the goals of the client. Our past and current work throughout Minnesota and the Midwest brings a high level of creativity, innovation,
and collaboration. The projects listed on the following pages showcase our expertise in streambank stabilization design, understanding
of ecological systems, and data-driven strategies to fortify and protect property and infrastructure from erosion.
Jackson/Nobles JD 13 + Jackson JD 3 Ditch Bank Stabilization
Jackson County, MN
Since 2015, ISG has been providing ditch bank stabilization to a combined 8,000 ft. of eroding agricultural banks along
Jackson/Nobles JD 13 and Jackson JD 3. Each ditch is approximately 10-12 feet in depth, requiring significant re-sloping and riprap
installation at the foot of the bank to stabilize each side of the slope. Services have included construction staking, gas and fiber utility
coordination, design development, construction documents, permitting, 10-12 public meetings, and construction administration.
A combination of riprap and bio-engineering techniques incorporating riparian vegetation is enhancing slope stability, controlling
sediment generation, and maintaining bio-diversity.
Each stabilization project brought unique challenges that required attention to detail, including soil material type, soil saturations,
and potential shear stress from water flowing in the channel. ISG developed a streamlined approach to not only evaluate the most
conservative approach (placing riprap) but also evaluate alternate options (geotextiles/bank benches). For both ditch bank stabilization
projects, ISG reviewed and provided site-specific, custom designs to provide long-term stability.
PRIVATE WORK PERFORMED IN GOLDEN VALLEY SINCE 2019
ISG is currently providing engineering services for the renovation of the eight-story Calvary Apartment building in Golden Valley.
Over the last five years, our firm has partnered with a variety of priviate clients in the commercial and residential markets,
offering our team a familiarity with the City and insight into working with City staff and processes.
D. STATEMENT OF QUALIFICATIONS
ISGInc.com Page 7 of 17
Walter Eshenaur, PE
Senior Project Manager
STREAM STABILIZATION EXPERTISE
With more than 35 years designing and managing complex environmental efforts,
Walter emphasizes contextual solutions to water resource challenges with a thorough
understanding of streambank stabilization strategies and practical implementations
in urban and rural settings. While at a previous firm, Walter was the go-to leader in
the water resource market for developing constructible, cost-effective solutions that
balanced function and aesthetics.
Sakatah Singing Hills State Trail Streambank Stabilization*
Mankato, MN
Client: Minnesota Department of
Natural Resources
The Singing Hills Trail crosses an
unnamed creek via a historic foot bridge.
The creek had eroded the upstream
bridge abutments and approaches to
the bridge to the point where several
small landslides occurred, threatening
the integrity of the trail and bridge. A
study was performed on both the creek
and trail embankments utilizing stream
geomorphic characterization, pebble
counts, stream hydrology, 1-dimensional
modeling, and geotechnical borings to
determine the best method for stabilizing
the creek banks, bridge abutments, and
trail embankment. A combination of
geotextile reinforced lifts and riprap were
proposed to stabilize the creek meander,
and to protect the bridge abutments
and trail embankments. Preliminary
and final designs were completed, and
construction was completed in 2021.
Purgatory Creek*
Eden Prairie, MN
Client: City of Eden Prairie
Purgatory Creek passes underneath
Riverview Road via dual culverts. The
culverts were undersized resulting in
high velocities downstream, causing
significant bank erosion for hundreds
of feet. A study was completed using
1-dimensional modeling along with
geotechnical borings to determine the
best approach to stabilize the creek
downstream of Riverview Road. A series
of geotextile fabric and natural fabric
wraps, or lifts underlain with riprap
where recommended. Multiple lifts
were designed to incorporate either
gravel or soil and wrapped with fabric.
These lifts were placed one on top of
another and battered to assume the
natural embankment slope. Rock vanes
were also installed to move the thalweg
into the center of the creek during low
flows. Preliminary and final designs
were completed, and construction was
completed in 2012. The system remains
in place and has effectively stabilized
several hundred feet to Purgatory Creek
for 10 years.
Hardwood Creek Stabilization + Remeander*
Lino Lakes, MN
Client: Rice Creek Watershed District
Hardwood Creek was realigned into a
culvert and straight drainage ditch after
I-35E was constructed in the 1960s.
This affected the geomorphology of
the creek significantly and reduced the
aquatic vertebrate and invertebrate
species to few, if any. In an effort to
gain back both the geomorphic and
aquatic life value of the creek, a study
was performed that identified a majority
of the old creek bed. Further study
was completed to design a complete
remeander of the creek primarily using
the historical creek alignment plus a new
alignment that responded to current
hydrology. A full 1,000-ft remeander
design was completed and preliminary
and final construction plans developed.
Construction was completed in 2014.
Hardwood Creek has stabilized and
demonstrates positive ecological impacts
to the point where this reach has now
been removed from impaired waters list.
*Completed at a previous firm.
Page 8 of 17 Architecture + Engineering + Environmental + Planning
D. STATEMENT OF QUALIFICATIONS
Chankaska Creek Ranch + Winery
Kasota, MN
Seeking to turn 15-acres of historic Minnesota farmland into a destination winery and
event venue, the owners desired a multi-faceted site and sophisticated facilities to
attract patrons from around the world. As a dedicated partner throughout all phases
of Chankaska’s development, ISG’s initial involvement was in the facilitation of a master
plan to reimagine 15-acres of farmland into a high-quality winery, including the full
streambank restoration of Shanaska Creek, also known as Chankaska Creek, which
flows through Le Sueur County and the property.
The channel was experiencing several problems, including streambank failure, unstable
slope, reduced vegetation, and sedimentation entering the channel due to erosion. As
the creek is a Minnesota Department of Natural Resources (DNR) protected water, ISG
worked with DNR staff on the design of the system. The restoration process utilized
both traditional and innovative design techniques to provide channel stability while
imitating natural systems to allow the channel to participate in its own recovery. The
result was a complete restoration and stabilization of the channel banks, vegetation,
wildlife habitat, and water quality.
Easter Lake Park Channel Restoration - Polk County Conservation
Polk County, IA
Easter Lake Park provides an array of conservation and recreational opportunities.
However, there were areas of concern that were impacting the integrity of the Park,
including a degraded waterway, undermined banks, an entrenched channel, elevation
drops, and sediment that was washed into the newly dredged lake. ISG was the first
firm in Iowa to use the Iowa DNR River Restoration Toolbox in the natural channel
design. The Toolbox integrates a series of best practices to assist designers in stream
stabilization and restoration projects and utilizes techniques that emphasize the use of
natural materials. Offering a consistent, relevant assessment method and reviewable
design checklist, the Toolbox aided in decision-making among ISG’s multi-disciplinary
team and stakeholders.
Restoration of the park’s channel focused on three main goals: 1) allow the channel
to function and flow naturally, 2) reconnect the channel to a stable, active floodplain,
and 3) integrate features that have the flexibility to evolve with the channel while
still maintaining the integrity of the system. To achieve these goals, ISG performed a
thorough investigation and analysis of the channel degradation and restored the channel
by sizing the bankfull channel height and width, setting the bankfull elevation, and
stabilizing the drop structure to reengage with the floodplain.
D. STATEMENT OF QUALIFICATIONS
ISGInc.com Page 9 of 17
Cedar Creek Wildlife Habitat Enhancement
Lohrville, IA
A private landowner in Calhoun County, Iowa, acquired a parcel of land that was challenging to access with farm equipment and had
previously been used for cattle grazing. An avid sportsman, he wanted to develop the site into a fishing pond and recreational hunting
area for he and his family.
Planning and field verification were involved to provide information to develop enhancement recommendations for the site. A site
survey and tile investigation were completed to verify location, size, and grade of the Drainage District main tile that was modified to
outlet into the proposed pond. ISG coordinated the permitting process to obtain approvals from the Board of Supervisors to modify
the drainage tile to support the pond construction.
ISG water resource engineers and landscape architects developed a Wildlife Habitat Enhancements Report for the landowner with a
detailed conceptual site overview plan outlining proposed improvements, breakdown of costs, and additional resources to consider
for encouraging wildlife habitation. Implementation on the recommendations began with the removal of overgrown debris, an oxbow
restoration, and excavation and construction of the fishing pond. The next phase of work will include implementing a planting palette
with native trees and shrubs for wildlife habitat and property improvements, and structural enhancements such as a bridge that would
support all-terrain vehicles.
Page 10 of 17 Architecture + Engineering + Environmental + Planning
E. References
BUILDING RELATIONSHIPS THROUGH DEDICATION + PASSION
At ISG, we’re doing business differently. As a client, you are in the driver's seat, backed by a strategic partner driven to deliver focused
solutions that produce real results. As you connect with the below references, you'll notice a common theme of responsiveness,
dedication, and passion—all values our team lives and works by to not only create a plan that works for you, but a lasting relationship
long after the project is complete.
JACKSON COUNTY
Dave Macek
Drainage Supervisor
405 4th Street
Jackson, MN 56143
507.847.2525 ext. 7263
dave.macek@co.jackson.mn.us
Scope of Services
Public drainage projects
(bank stabilizations, ditch, and
tile improvements)
Date + Term of Contract
2015 - present
BLUE EARTH COUNTY
Ryan Hiniker
Drainage Management Specialist
204 South Fifth Street
Mankato, MN 56001
507.304.4264
Ryan.Hiniker@
blueearthcountymn.gov
Scope of Services
Public drainage projects and
bridge hydraulics
Date + Term of Contract
2015 - present
STEVENS COUNTY
Scott Erickson
Assistant Ditch
Inspector/GIS Technician
400 Colorado Avenue
Morris, MN 56267
320.208.6558
scotterikson@co.stevens.mn.us
Scope of Services
Public drainage projects
(bank stabilizations, ditch, and
tile improvements)
Date + Term of Contract
2017 - present
RICE CREEK
WATERSHED DISTRICT
Matthew Kocian
Lake and Stream Specialist
4325 Pheasant Ridge Drive
Northeast, Suite 611
Blaine, MN 55449
763.398.3075
Mkocian@ricecreek.org
Scope of Services
Creek remeander, bank
stabilization, and ecological
habitat restoration
Date + Term of Contract
2012 - 2014
Jackson JD 3 Bank Stabalization Blue Earth JD 9
Hardwood Creek RemeanderMud Lake Restoration
ISGInc.com Page 11 of 17
F. Project Plan
SCOPE OF SERVICES
The RFP timeline indicates that the City desires to have construction completed during fall of 2022. Our team understands this
accelerated schedule and has developed a project plan that moves swiftly through each task to keep the project moving forward.
To deliver the best, most cost-effective design solution possible, ISG will work with the City at project kickoff to refine the scope
and schedule with key milestones and tasks. Having a clearly defined path, along with tracking and updating progress regularly is a
vital component of any successful project plan. Each deliverable, decision, and milestone is essential to maintaining and meeting the
agreed upon schedule.
In restoration projects such as this, weather plays an important role in scheduling and implementation. By developing comprehensive
erosion control plans, in-construction erosion and stabilization contingency plans, and adding float to the construction schedule, ISG
will successfully navigate unforeseen challenges and keep this restoration project on track. We do not anticipate modifications to the
floodway or floodplain or the need for FEMA involvement through the CLOMR or LOMR process.
TASK 1 Topographic Survey
ISG will create a topographic survey of Basset Creek from Highway 55 to General
Mills Boulevard. Bassett Creek cross sections will be surveyed at 200-ft. intervals,
with a refined survey in the project area of the creek. ISG will utilize Trimble R10/R12
equipment to perform the survey. A drone flight will also be performed to show the
current condition of the site to inform the design and construction bidding.
DELIVERABLES
Provide topographic survey
Generate existing condition data through
drone technology
TASK 2 Modeling
ISG will utilize the existing model of Bassett Creek to perform the proposed
stabilization modeling to determine the shear stresses, velocities, and water depth
within the creek. Dependent on the existing models, ISG may utilize a full, two-
dimensional (2D) model to perform the necessary parameters. The 2D model would
also provide additional understanding of complicated overland flows through the golf
course.
DELIVERABLES
Create a model of the creek and
surrounding area
TASK 3 Preliminary Design Plans
ISG will utilize the topographic survey and modeling data to develop a preliminary
design of the streambank. During the preliminary design, ISG will analyze two main
options for the restoration (riprap and natural vegetation with geotextiles). During the
analysis, ISG will consult with a contractor and/or manufacturers for product availability
and pricing. Historical data will be taken into consideration but with the current
economic situation, prices and availabilities for construction materials are extremely
volatile. ISG will compile the information from contractors and manufacturers to
develop a construction cost estimate for each option explored.
DELIVERABLES
Provide the preliminary design
and cost estimates within a
technical memorandum
Coordinate permitting as needed
LOCAL + STATE AGENCY DESIGN CONFORMANCE
ISG is familiar with the MnDNR and BCWMC guidelines for natural resource
management and natural stream design. Our designs will not only conform with
these standards but incorporate resilient solutions that mitigate downstream
impacts while improving the ecological system of Bassett Creek.
Page 12 of 17 Architecture + Engineering + Environmental + Planning
F. PROJECT PLAN
TASK 6 Watershed Permit + Coordination
The project plan and designs will need to be presented to the BCWMC. The BCWMC
will review to ensure the project design does not adversely impact the creek. ISG does
not anticipate any concerns from the BCWMC at this time. As this is a public meeting,
citizens will also have the opportunity to review and comment on the final design plans.
DELIVERABLES
Attend one (1) BCWMC review/
approval meeting
Address public comments
Coordinate permitting
TASK 7 Project Bidding
Approval from the BCWMC is the last step in ISG’s process prior to bidding the project
in conformance with applicable Minnesota Statues. A pre-bid meeting will occur on site
to answer any contractor questions about the scope of the project. As stated in the
RFP, bidding will occur electronically via QuestCDN with a bid procurement meeting
set with the staff.
DELIVERABLES
Facilitate one (1) pre-bid meeting on site
Provide one (1) bidding package
Provide one (1) advertisement for bid
Respond to contractor questions
Issue addenda as needed
Attend one (1) bid opening
Provide bid summary and award letter
of recommendation
TASK 5 Final Design Plans + Specifications
City comments will be incorporated into the final design plans for the site. ISG will then
develop construction specifications for the public bidding process.DELIVERABLES
Finalize construction plans
and specifications
TASK 4 City Comments
Once preliminary design plans are created, ISG will schedule a time to review the plans
with the City to discuss the design as well as review any questions that may arise. DELIVERABLES
Finalize construction plans
and specifications
F. PROJECT PLAN
ISGInc.com Page 13 of 17
TASK 9 Construction Administration + Staking
ISG will provide construction administration services as requested in the proposal. ISG
supports the City’s position that the engineer should be responsible for these services,
as it will streamline construction and any questions regarding the plan that may arise
during construction. ISG uses the construction management software Fieldwire to
provide responsive and streamlined project management. Construction administration
requires keen attention to detail, which our staff understands and excels at, making
us proficient and capable to perform the work. With the proposed project less than
a mile from ISG’s office, our staff will check in with the contractor daily to ensure
conformance with the plans and specifications.
During construction, ISG will install a timelapse camera on site to capture photos in 15
minute intervals. The camera will provide a complete view of the construction progress
for future reference.
ISG will provide construction staking for this project.
DELIVERABLES
Complete construction staking
Organize and facilitate pre-construction
and weekly construction meetings
Issue change orders as needed
Review shop drawings and submittals
Review payment applications
Timelapse photos
TASK 10 Project Closeout + As-Built
At the completion of the construction phase, ISG will create an as-built plan set which
will include a topographic survey of the site, showing the actual constructed site. ISG
will also create any GIS shapefiles that the City may request.
DELIVERABLES
Provide as-built plan set and GIS
shapefiles within one month
TASK 8 Pre-Construction Meeting
Once a contractor is selected and a contract awarded, ISG will facilitate an on-site pre-
construction meeting with the contractor, City staff, golf course staff, and ISG. The pre-
construction meeting is a critical communication tool to ensure all stakeholders have a
full understanding of the construction timeline and communication lines are established
with the contractor and the public. As construction will occur on a golf course with
limited site access, the meeting will provide the contractor with an understanding of
access and stockpile location restrictions/limitations.
DELIVERABLES
Facilitate one (1)
pre-construction meeting
Page 14 of 17 Architecture + Engineering + Environmental + Planning
G. Proposed Timeline
RESPONSIVE +
TIMELY DELIVERY
The ISG team has developed an efficient
and expedited process to meet the
construction completion deadline
of Spring 2023. The below schedule
assumes a contract award of May 20,
2022 and kickoff meeting of June 8, 2022.
Our team will work alongside the City to
maintain transparent communication and
ensure that project milestones are met
so visitors to the Bassett Golf Course can
enjoy the fairway without disruption.
Due to a volatile materials market, delays
in product availability may impact the
proposed schedule.
* = Project Milestone
Contract Awarded
5/20/2022 Kickoff Meeting with City Staff
6/8/2022Task 1: Topographic Survey
6/15/2022 Task 2: Modeling
6/20/2022Task 3: Preliminary Design Plans
6/22/2022
Task 5: Final Design Plans + Specifications
7/8/2022
Task 6: Watershed Permit
+ Coordination*
7/21/2021
Task 7: Project Bidding
8/15/2022
City Reviews Bid Quotes +
Awards Construction Contract
9/26/2022 Task 8: Pre-Construction Meeting*
9/29/2022
Task 9: Construction
Administration + Staking*
11/30/2022MAYJUNEJULYAUGSEPTOCTNOV
DECJANFEBTask 4: City Comments*
6/22/2022
Task 10: Project Closeout + As-built*
Spring 2023MAR
ISGInc.com Page 15 of 17
H. Deviations from RFP
ISG does not anticipate any deviations from the Request for Proposals.
EXHIBIT B
FEE SCHEDULE
Page 16 of 17 Architecture + Engineering + Environmental + Planning
I. Cost Proposal
FEE SCHEDULE
As a full-service firm, ISG has all needed disciplines for this project’s scope in-house, streamlining project coordination and saving the
City money on the need for other outside consultants. ISG proposes to provide the scope of work described within this proposal for
compensation in accordance with the following schedule:
REIMBURSABLE EXPENSES
Anticipated reimbursable expenses such as travel, mileage, and printing are included within the compensation listed above.
Service Compensation
Task 1 Topographic Survey
1.1 Survey Site $2,330
Task 2 Modeling
2.1 Existing Model $2,120
2.2 Proposed Model $2,640
Task 3 Preliminary Design Plans
3.1 Design $3,785
3.2 Draft Preliminary Plans $5,225
Task 4*City Comments
4.1 Meeting with City $1,080
Task 5 Final Design Plans + Specifications
5.1 Final Plans $1,155
5.2 Specifications $1,695
Task 6*Watershed Permit
6.1 Watershed Coordination $1,080
Task 7 Project Bidding
7.1 Bidding Process $960
7.2 Pre-Bid Meeting $1,440
Task 8*Pre-Construction Meeting
8.1 Pre-Construction Meeting $1,080
Task 9*Construction Administration + Staking
9.1 Construction Administration $4,520
9.2 Construction Staking $2,040
Task 10*Project Closeout + As-Built
10.1 Project Closeout $840
10.2 As-Built $2,920
Not to Exceed Lump Sum Total $34,910
* = Project Milestone
ISGInc.com Page 17 of 17
J. Diversity, Equity, and Inclusion Assessment
ADVANCING DIVERSITY, EQUITY, AND INCLUSION
ISG appreciates the intentionality of the City of Golden Valley's Diversity, Equity, and Inclusion (DEI) statement and its incorporation
into the RFP. ISG’s values, approaches, and policies around DEI align with the City's statement. The following below descriptions
provide insights into ISG’s initiatives and actions toward greater DEI. At the City’s request, ISG can share an electronic copy of our
Equity Plan.
Summary of ISG's Employee Handbook Equity Employment Policy:
• ISG is an equal opportunity employer that values the benefit and input having a diverse team can provide. Our hiring and talent
engagement team evaluates each candidate the same, regardless of race, sex, color, etc.
• We provide sponsorship to international students through a variety of universities. ISG believes in investing in youth and is heavily
engaged with schools, inspiring students that may be the minority in the industry to pursue careers in the architecture, engineering, and
construction (AEC) field. Opportunities are plentiful within ISG with a high school education all the way to a doctorate.
• Similar to hiring, full-time employee bonuses, pay increases, and promotions are individually evaluated by ISG’s leadership team based on
individual performance regardless of race, sex, color, gender, etc.
ISG’s approach to DEI are embodied in the following initiatives:
• Expand ISG’s awareness by creating a diverse and inclusive environment through opportunities to have open dialogue and honest
conversation with its employee owners.
• Deepen relationships with surrounding communities by funding employees to volunteer for important organizations they support or
educate themselves on community/social issues.
• Foster an internal culture and welcoming environment for all employees that encourages an open minded approach to working together,
regardless of race, sexual orientation, color, etc.
• ISG is a 100 percent employee-owned firm, which provides an equal opportunity for company ownership to all employees. This is a
major draw for potential employees.
• Each year, ISG sponsors any employee who wishes to involve themselves in Impact Day. Impact Day is a “giving back” effort by ISG to
local communities that align with employees’ passions. In 2021, 300 ISG employees spent one day each giving back through multiple
community assistance initiatives, many of which were directly related to diversity, inclusion, and equality.
DISADVANTAGED BUSINESS ENTERPRISE
Leveraging our 49+ years of relationship-building with Disadvantaged Business Enterprises (DBE) subconsultants, ISG is
committed to the advancement of DBE’s and practices good faith inclusion efforts to ensure that DBE goals, if established
within an assigned project, are met.
J. DIVERSITY, EQUITY, AND INCLUSION ASSESSMENT
ISGInc.com Page iii of iii
EXPERTISE
Architecture
Engineering
Environmental
Planning
WORK
Commercial
Education
Food + Industrial
Government + Cultural
Healthcare
Housing
Mining
Public Works
Sports + Recreation
Telecommunications + Energy
Transportation
Water
Des Moines, IA
Storm Lake, IA
Waterloo, IA
Mankato, MN
Minneapolis/St. Paul, MN
Rochester, MN
Sioux Falls, SD
Green Bay, WI
La Crosse, WI
Milwaukee, WI
ISGInc.com
On January 12, 2017, ISG formally announced its transition of firm
ownership to a 100% employee stock ownership plan (ESOP). As a
multi-disciplinary firm that started 49+ years ago, ISG has since grown
to be a Top 500 Design Firm as recognized by Engineering News-Record
(ENR), a Zweig Group Hot Firm, and PSMJ Circle of Excellence recipient,
illustrating the progressive increase in talent, expertise, and market share.
2021
2021
Golden Valley City Council Meeting
June 7, 2022
Agenda Item
3. D. 4. Award Winnetka Avenue Pedestrian Flasher Project #19-15
Prepared By
Jeff Oliver, PE, City Engineer
R.J. Kakach, PE, Assistant City Engineer
Summary
In 2019, the City Council approved a professional services agreement with Short Elliot Hendrickson
(SEH), Inc. to evaluate Winnetka Avenue south of Trunk Highway 55 for pedestrian traffic. This portion
of Winnetka Avenue is one of the highest volume local roadways in Golden Valley and with the
residential neighborhoods, parks, and Brookview Community Center, many pedestrians cross Winnetka
in this area. The study confirmed high volumes of both vehicle and pedestrian traffic on Winnetka
Avenue. A recommendation was made that a pedestrian signal be added at Winnetka Avenue and
Harold Avenue and the existing signal at Winnetka Avenue and Western Avenue be upgraded to meet
today’s standards. The Winnetka Avenue Pedestrian Flasher Project #19-15 was advertised for bids in
May. Bids for the project were opened virtually on May 19, 2022. The following bids were received:
Contractor Base Bid
Pember Companies, Inc. $257,449.71
G Urban Companies, Inc. $281,249.76
Low Bid: Pember Companies, Inc.: $257,449.71
Staff reviewed the bids and found them to be accurate and in order. The low bid was higher than
anticipated due to several reasons including increased material costs, increased mobilization cost, and
increased traffic control costs. Staff does not see this trend changing anytime soon and therefore
recommends awarding the Contract to Pember Companies, Inc. for the base bid amount of
$257,449.71.
Financial Or budget Considerations
Anticipated funding for this project is included in the 2022 Street CIP Program (S-055) in the amount of
$250,000, $24,500 of which is part of an SEH design contract. To make up the difference, staff is
recommending utilizing approximately $30,000 from the Traffic Signal Upgrades Street CIP (S-050).
Construction is scheduled to start in June or July.
City Council Regular Meeting Executive Summary
City of Golden Valley
June 7, 2022
2
Recommended Action
Motion to authorize the Mayor and City Manager to execute a construction agreement with Pember
Companies, Inc. in the form approved by the City Attorney for the Winnetka Avenue Pedestrian Flasher
Project No. 19-15 in the amount of $257,449.71.
Supporting Documents
• Location map (1 page)
• Contract with Pember Companies (3 pages)
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Print Date: 5/31/2022Sources:-Hennepin County Surveyors Office for Property Lines (2021).-City of Golden Valley for all other layers.
Winnetka AvenuePedestrian FlasherProject
FC - 1
CONTRACT NO. 19-15
AGREEMENT FOR THE WINNETKA AVENUE
PEDESTRIAN CROSSWALK FLASHER SYSTEMS
PROJECT NO. 19-15
THIS AGREEMENT (this “Agreement”), entered into the 7th day of June 2022 between
the City of Golden Valley (the “City”), a municipal corporation, existing under the laws of
the State of Minnesota, and Pember Company, Incorporated, a corporation under the
laws of Minnesota (“Contractor”).
ARTICLE 1. The Contract Documents. The Contract Documents consist of: this
Agreement, the Proposal and Bid of the Contractor, the Contractor’s Bonds, the General
Conditions, Special Conditions and any supplementary conditions, drawings, plans,
Specifications, addenda issued prior to execution of this Agreement, other documents
listed herein or in any of the foregoing documents, and Modifications of the same issued
after execution of this Agreement (collectively the “Contract” or “Contract Documents”).
A Modification is (1) a written amendment to the Contract signed by both parties, (2) a
Change Order, (3) a Construction Change Directive, or (4) a written order for a minor
change in the Work issued by the Engineer.
In the event of a conflict among the various provisions of the Contract Documents, the
terms shall be interpreted in the following order of priority:
1. Modifications to the Contract
2. This Agreement
3. Special Conditions
4. General Conditions
Drawings shall control over Specifications, and detail in drawings shall control over
large-scale drawings.
All capitalized terms used and not otherwise defined in this Agreement, but defined
elsewhere in the Contract Documents, shall have the meaning set forth in the Contract
Documents.
ARTICLE 2. The Work. Contractor, for good and valuable consideration the sufficiency
of which is hereby acknowledged, covenants and agrees to furnish all materials, all
necessary tools and equipment, and to do and perform all work and labor necessary for
Winnetka Avenue Pedestrian Crosswalk Flasher Systems (19-15) (the “Project”)
according to the Plans and Specifications and all of the Contract Documents.
Contractor shall commence and conclude the Work in accordance with the Contract
Documents. Time is of the essence in this Agreement. Accordingly, Contractor shall
complete the Work in accordance with the time schedule for commencement and
completion of the Work set forth in the Contract Documents. Contractor shall complete
the Work in every respect to the satisfaction and approval of the City.
FC - 2
ARTICLE 3. Contract Price. The City shall pay the Contractor the Contract Price in
current funds for the Contractor’s performance of the Contract. The Contract Price shall
be $257,449.71, subject to additions and deductions as provided in the Contract
Documents.
Installment payments, if any, on account of the Work shall be made in accordance with
the provisions of the General Conditions. Final payment shall be due and payable on or
before thirty (30) days after issuance of a Certificate of Final Completion issued by the
City Engineer confirming that the Work has been fully completed and Contractor’s
obligations fully performed by Contractor.
ARTICLE 4. Contractor’s Bonds. Contractor shall make, execute, and deliver to the
City corporate surety bonds in a form approved by the City, in the sum of $257,449.71
for the use of the City and of all persons furnishing labor, skill, tools, machinery or
materials to the Project. Said bonds shall secure the faithful performance and payment
of the Contract by the Contractor and shall be conditioned as required by law. This
Agreement shall not become effective unless and until said bonds have been received
and approved by the City.
ARTICLE 5. Acceptance of the Work. The City, through its authorized agents, shall
be the sole and final judge of the fitness of the Work and its acceptability.
ARTICLE 6. Records. Contractor shall keep as complete, exact, and accurate an
account of the labor and materials used in the execution of the Work as is possible and
shall submit and make this information available as maybe requested by the City.
ARTICLE 7. Payment. All payments to Contractor shall be made payable to the order
of Pember Companies, Incorporated, and the City does not assume and shall not
have any responsibility for the allocation of payments or obligations of the Contractor
to third parties.
ARTICLE 8. Cancellation Prior to Execution. The City reserves the right, without
liability, to cancel the award of the Contract at any time before the execution of the
Contract by all parties.
ARTICLE 9. Special Assessment Contingency. The City’s obligation under this
contract is contingent upon the availability of appropriated funds, including funds
derived from special assessments, from which payment for contract purposes can be
made. The City shall not be legally liable for any payment under this Agreement unless
the special assessment appeal period under Minn. Stat. § 429.081 has passed and no
appeals have been received.
ARTICLE 10. Termination. The City may by written notice terminate the Contract, or
any portion thereof, when (1) it is deemed in the best public, state, or national interest to
do so; (2) the Special Assessment contingency has not been met; (3) the City is unable
to adequately fund payment for the Contract because of changes in state fiscal policy,
FC - 3
regulations or law; or (4) after finding that, for reasons beyond Contractor’s control,
Contractor is prevented from proceeding with or completing the Work within a
reasonable time.
In the event that any Work is terminated under the provisions hereof, all completed
items or units of Work will be paid for at Contract Bid Prices. Payment for partially
completed items or units of Work will be made in accordance with the Contract
Documents.
Termination of the Contract or any portion thereof shall not relieve Contractor of
responsibility for the completed Work, nor shall it relieve Contractor’s Sureties of their
obligations for and concerning any just claims arising out of the Work.
IN WITNESS WHEREOF, both parties hereto have caused this Contract to be signed
on their respective behalves by their duly authorized offices and their corporate seals to
be hereunto affixed the day and year first above written.
THE CITY OF GOLDEN VALLEY, MINNESOTA
BY
Shepard M. Harris, Mayor
BY
Timothy J. Cruikshank, City Manager
CONTRACTOR: PEMBER COMPANIES INCORPORATED
BY
Brent Pember, President
bpember@pembercompanies.com
Golden Valley City Council Meeting
June 7, 2022
Agenda Item
3. D. 5. Award Miscellaneous Traffic Signal Modification Project #22-12
Prepared By
Jeff Oliver, PE, City Engineer
R.J. Kakach, PE, Assistant City Engineer
Summary
In 2019, a Traffic Signal Analysis was performed on the 10 City owned traffic signal systems in Golden
Valley. The systems are listed below:
• Betty Crocker Drive @Trunk Highway (TH) 169 Ramp
• Boone Avenue @ 10th Avenue
• Boone Avenue @ Golden Valley Road
• General Mills Boulevard at Betty Crocker Drive
• Golden Valley Road @ Rhode Island Avenue
• Xenia Avenue @ Laurel Avenue
• Louisiana Avenue @ Market Street
• Plymouth Avenue @ Mendelssohn Avenue
• Xenia Avenue @ Golden Hills Drive
Each system was identified for general maintenance, minor upgrades, significant upgrades, and
eventual replacement. The Betty Crocker @ TH 169 ramp signal is the oldest signal, and therefore
towards the top of the priority list for maintenance and replacement. However, MNDOT has identified
this signal on their list of replacements for 2024 or 2025. The Xenia @ Golden Hills signal operation
and maintenance has been taken over by MNDOT due to the proximity to the I-394 ramps signal
systems. The other eight systems were identified for miscellaneous upgrades and repairs and a project
was designed in 2022 by Short Elliot Hendrickson (SEH), Inc. The project was sent out for quotes in
May of 2022. Three quotes were received and are listed below:
Contractor Quote
Killmer Electric $197,745
Granite Ledge Electric $226,420
Egan Company $250,500
City Council Regular Meeting Executive Summary
City of Golden Valley
June 7, 2022
2
The quotes came in over budget, so staff worked to prioritize the top four signal systems in need of
maintenance and upgrades. The following four systems were chosen for priority and fit within the
proposed budget for the project:
1. Louisiana Avenue @ Market Street
2. Xenia Avenue @ Laurel Avenue
3. Plymouth Avenue @ Mendelssohn Avenue
4. Boone Avenue @ Golden Valley Road
Staff recommends awarding the above for signal systems for the project to Killmer Electric in the
amount of $98,320.
Financial Or budget Considerations
Anticipated funding for this project is included in the 2022 Street CIP Program (S-050) in the amount of
$150,000, $16,500 of which is part of an SEH design contract. Staff is recommending utilizing remaining
funding from S-050 to assist with the Winnetka Avenue Flasher Project as that project is a priority to
construct this summer.
Construction is scheduled to start in June or July.
Recommended Action
• Motion to authorize the Mayor and City Manager to execute a construction agreement with
Killmer Electric in the form approved by the City Attorney for the Miscellaneous Traffic Signal
Modification Project #22-12 in the amount of $98,320.
Supporting Documents
• Location map (1 page)
• Contract with Killmer Electric (15 pages)
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Print Date: 3/13/2020Sources:-Hennepin County Surveyors Office for Property Lines (2020).-City of Golden Valley for all other layers.
LocationMap
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CONTRACT FOR 2022 MISC. TRAFFIC SIGNAL REVISIONS PROJECT
CITY OF GOLDEN VALLEY PROJECT NUMBER 22-12
THIS AGREEMENT is made this 7th day of June 2022 (the “Effective Date”) by and between Killmer Electric,
an traffic signal company located at 5141 Lakeland Avenue North, Crystal, Minnesota 55429
(“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at
7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”):
RECITALS
A. Contractor is engaged in the business of traffic signal modifications.
B. The City desires to hire Contractor to revise nine traffic signal systems.
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 plans and
specifications set forth in the attached Exhibits B, C, D, E, and F.
2. Time for Completion. The Contractor shall proceed diligently and shall complete the Work to the
satisfaction and approval of the City’s engineer between June 1st and August 30th, 2022 (the “Contract
Time”). Contractor shall notify the City in writing of any cause of delay of the Work within 24 hours after
such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may
immediately, or at any time, thereafter, proceed to complete the Work at the Contractor’s expense. If
Contractor gives written notice of a delay over which Contractor has no control, the City may, at its
discretion, extend the Contract Time.
3. Consideration. The consideration, which the City shall pay to Contractor according to the details
set forth in the attached Exhibit G. 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. Permits. Contractor shall obtain, at its sole cost, all permits required for the performance of the
Work.
5. 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.
6. 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.
7. 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.
8. 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.
9. Protection of Persons and Property. Contractor shall be responsible for initiating, maintaining,
and supervising all safety precautions and programs in connection with the performance of the Work.
Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to
prevent damage, injury, or loss to:
a. Persons performing the Work and other persons who may be affected by the Work;
b. The Work and materials and equipment to be incorporated therein; and
c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks,
pavement, roadways, structures, and utilities.
Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor
or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them.
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10. Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection
and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then
the materials shall be removed and replaced with other approved materials and the labor shall be done
to the satisfaction and approval of the City at the Contractor’s sole cost and expense. Contractor shall
replace at Contractor’s expense any loss or damage to the Work, however caused, which occurs during
the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any
payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility
for the construction and delivery of Work. Acceptance of the completed Work shall be evidenced only by
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”).
11. 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.
12. 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.
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13. Termination. This Agreement shall remain in force and effect commencing from the effective
date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated
by the City or amended pursuant to 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. Either party may terminate this Agreement in the event of a breach of the Agreement by the
other party upon providing written notice of intention to terminate to the breaching party.
Termination will become effective automatically and without further notice unless the
breaching party cures the breach within thirty (30) days after the giving of such notice.
c. 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:
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a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181;
b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used
by Contractor, with policy limits not less than $500,000.00 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 per occurrence,
$1,000,000 general aggregate, and $1,000,000 for products-completed operations hazard,
providing coverage for claims including:
i. Damages because of bodily injury, sickness or disease, including occupational sickness
or disease, and death of any person;
ii. Personal and advertising injury;
iii. Damages because of physical damage to or destruction of property, including loss of
use of such property;
iv. Bodily injury or property damage arising out of completed operations; and
v. Contractor’s indemnity obligations under this Agreement.
To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a
combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall
provide the City with a current certificate of insurance including the following language: “The City of
Golden Valley is named as an additional insured with respect to the commercial general liability, business
automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess
liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the
City as an additional insured and contain a statement that such policies of insurance shall not be canceled
or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case
of non-payment.
18. Compliance with State Withholding Tax. Before final payment is made for the Work on this
project, Contractor must make a satisfactory showing that it has complied with the provisions of
Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid
employees on this project by providing to the City Engineer a Certificate of Compliance from the
Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor
must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that
Contractor has complied with the provisions of Minnesota Statutes Section 290.92.
19. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or
interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any
assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or
transfer any rights under or interest (including, but without limitation, moneys that may become due or
moneys that are due) in the Agreement without the written consent of the other except to the extent that
the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from
employing such independent consultants, associates, and subcontractors, as it may deem appropriate to
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assist it in the performance of the Work required by this Agreement. Any instrument in violation of this
provision is null and void.
20. Independent Contractor. Contractor is an independent contractor. Contractor’s duties shall be
performed with the understanding that Contractor has special expertise as to the Work which Contractor
is to perform and is customarily engaged in the independent performance of the same or similar work for
others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall
control the manner in which the Work is performed; however, the nature of the Work and the results to
be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties
are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any
binding commitments or obligations on behalf of the City except to the extent expressly provided in this
Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor
as an independent contractor and not as an employee of the City for any purpose, including but not limited
to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability
for torts and eligibility for employee benefits.
21. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable
federal, state, and local laws, rules, ordinances and regulations in effect as of the Effective Date.
Contractor’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives,
and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and
alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work
rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all
times while performing duties pursuant to this Agreement. Contractor agrees and understands that a
violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient
grounds for immediate termination of the Agreement by the City.
22. Entire Agreement. The Contract Documents shall constitute the entire agreement between the
City and Contractor and supersede any other written or oral agreements between the City and
Contractor.
23. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
24. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with
the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement
shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this
Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or
otherwise.
25. Work Products and Ownership of Documents. All records, information, materials and other work
products, including, but not limited to the completed reports, drawings, plans, and specifications prepared
and developed in connection with the provision of the Work pursuant to this Agreement shall become the
property of the City, but reproductions of such records, information, materials and other work products
in whole or in part may be retained by Contractor. Regardless of when such information was provided,
Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising
out of or related to this Agreement, except as authorized by the City or as required by law. These
obligations survive the termination of this Agreement.
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26. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor
shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to
provide the requested Work.
27. Agreement Not Exclusive. The City retains the right to hire other professionals, contractors and
service providers for this or other matters, in the City’s sole discretion.
28. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor,
created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this
Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within
three business days if it receives a data request from a third party. This paragraph does not create a duty
on the part of Contractor to provide access to public data to the public if the public data are available from
the City, except as required by the terms of this Agreement. These obligations shall survive the termination
or completion of this Agreement.
29. No Discrimination. Contractor agrees not to discriminate in providing the Work under this
Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status
with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate
termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as
amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act,
Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs,
including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought
alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents,
employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide
accommodation to allow individuals with disabilities to participate in all Work under this Agreement.
Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for
effective communication with individuals with disabilities.
30. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is
R.J. Kakach, or designee. Contractor’s authorized agent for purposes of administration of this contract is
Reid Golyer, or designee who shall perform or supervise the performance of all Work.
31. Notices. Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return
receipt requested, addressed to:
CONTRACTOR THE CITY
Killmer Electric
5141 Lakeland Avenue North
Crystal, MN 55429
rgolyer@killmerelectric.com
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
rkakach@goldenvalleymn.gov
or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
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32. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver
of any other provisions or any other or further breach, and no such waiver shall be effective unless made
in writing and signed by an authorized representative of the party to be charged with such a waiver.
33. Headings. The headings contained in this Agreement have been inserted for convenience of
reference only and shall in no way define, limit or affect the scope and intent of this Agreement.
34. Payment of Subcontractors. Contractor agrees to pay all laborers employed and all
subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to
pay any claims and demands for labor and materials, the City may apply the monies due to Contractor
toward paying and satisfying such claims and demands. The City has the right to apply monies due to
Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against
Contractor. The amount of such payments shall be deducted from the balance due to the Contractor;
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 $100.00, Contractor shall pay the actual penalty due
to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the
Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing
the action.
35. Severability. In the event that any provision of this Agreement shall be illegal or otherwise
unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full
force and effect.
36. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they
are duly authorized to sign on behalf of their respective organization. In the event Contractor did not
authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties
and liability of Contractor, described in this Agreement, personally.
37. Counterparts and Electronic Communication. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute
one and the same instrument. This Agreement may be transmitted by electronic mail in portable
document format (pdf) and signatures appearing on electronic mail instruments shall be treated as
original signatures.
38. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully
incorporated into this Agreement.
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IN WITNESS WHEREOF, the City and Contractor have caused this Independent Contractor Agreement to
be executed by their duly authorized representatives in duplicate on the respective dates indicated
below.
KILLMER ELECTRIC: CITY OF GOLDEN VALLEY:
By: _________________________________
Name: Reid Golyer
Title: Project Manager
By: _________________________________
Shepard M. Harris, Mayor
By: _________________________________
Timothy J. Cruikshank, City Manager
\\files\administration$\City Council agendas\Agenda Packets\2022\06-07-22\3 - Consent\3D - Bids, Quotes, and Contracts\---3D6 - Resolution 22-054
Douglas Dr and TH 55 Underpass\1 - Adopt Resolution Douglas TH 55 Underpass State Aid Variance.docx
Golden Valley City Council Meeting
June 7, 2022
Agenda Item
3. D. 6. Adopt Resolution No. 22-054 Requesting Variance from Standards for State Aid Operations for
Olson Memorial Frontage Road on Douglas Drive and Trunk Highway 55 Underpass Project
Prepared By
Jeff Oliver, PE, City Engineer
R.J. Kakach, PE, Assistant City Engineer
Summary
As part of the Douglas Drive and Trunk Highway 55 (TH 55) project, a new trail is proposed for
pedestrians to access the underpass tunnel. The south approach to the trail is located between the
eastern leg of the proposed mini roundabout and the entrance to the tunnel. Due to geometric
constraints in this area, the trail will serpentine from the roadway surface down to the tunnel.
These horizontal curves do not meet the 20 mph State Aid design standards. Instead, the trail meets 12
mph design standards. Because the trail is part of the larger State Aid project, it must be constructed to
current State Aid design standards. In this case, a change in the horizontal curvature would significantly
impact the project scope.
Due to the challenges and infeasibility associated with meeting the State Aid design standard, staff
recommends applying for a variance from Standards for State Aid Operations 8820.9995. Approval of
this variance will allow the City of Golden Valley to proceed with construction of the proposed trail in
its current alignment.
Financial Or Budget Considerations
None
Recommended Action
Motion to adopt Resolution #22-054 Requesting Variance from Standards for State Aid Operations,
Douglas Drive and TH 55 Underpass and Roundabout Project SAP 128-594-002 and SAP 128-332-008.
Supporting Documents
• Project Location Map (1 page)
• Resolution #22-054 Requesting Variance from Standards for State Aid Operations, Douglas Drive
and TH 55 Underpass and Roundabout Project SAP 128-594-002 and SAP 128-332-008 (1 page)
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Print Date: 3/13/2020Sources:-Hennepin County Surveyors Office for Property Lines (2020).-City of Golden Valley for all other layers.
LocationMap
RESOLUTION NO. 22-054
RESOLUTION REQUESTING VARIANCE FROM STANDARDS FOR STATE AID
OPERATIONS DOUGLAS DRIVE AND TRUNK HIGHWAY 55 UNDERPASS AND
ROUNDABOUT PROJECT STATE AID PROJECT 128-594-002 AND STATE AID
PROJECT 128-332-008
WHEREAS, the City of Golden Valley Engineer is hereby authorized to request a
variance from the Minnesota Department of State Aid Operations, pursuant to Minnesota
Rules for State Aid Operations 8820.9995, as they apply to the proposed horizontal curve
associated with the proposed construction of a multi-use trail from the Olson Memorial
Highway Frontage Road to the proposed Trunk Highway 55 pedestrian tunnel, State Aid
Project SAP 128-332-008, located in Golden Valley, Minnesota and Hennepin County; and
WHEREAS, Minnesota Rules for State Aid Operation 8820.9995 require a minimum
20 miles per hour design speed for horizontal curvature; and
WHEREAS, the City Council of Golden Valley believes that the minimum design
standards set forth by the Minnesota Rules for State Aid Operations 8820.9995 as
applicable to the proposed horizontal curve on the multi-use trail to meet 20 miles per hour
design speed create undue burden.
NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby request
a variance from the Minnesota Department of Transportation State Aid Operations Rules
Chapter 8820.9995 (Minimum Off-Road and Shared Use Path Standards) to allow for a
horizontal curve that meets 12 miles per hour design speed in lieu of a 20 miles per hour
design speed.
BE IT FURTHER RESOLVED, that the City Council of the City of Golden Valley,
Minnesota, hereby indemnifies, saves and holds harmless the State of Minnesota and its
agents and employees of and from claims, demands, actions, or causes of action arising
out of, or by reason the use of a 12 mile per hour design speed horizontal curve on the
multi-use trail between the Olson Memorial Highway Frontage Road and the pedestrian
tunnel below Trunk Highway 55 in accordance with Minnesota Rules 8820.9995. The
Council further agrees to defend at its sole cost and expense, any action of proceeding
commended for the purpose of asserting any claim arising as a result of the granting of this
variance.
Adopted by the City Council of Golden Valley, Minnesota this 7th day of June 2022.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
Golden Valley City Council Meeting
June 7, 2022
Agenda Item
3. D. 7. Authorization to Sign Police Assistant Chiefs Union (LELS Local #485) Agreement
Prepared By
Maria Cisneros, City Attorney
Kirsten Santelices, Human Resources Director
Summary
This item is the topic of the Executive Session held immediately prior to the Council meeting.
Information will be provided at the Council Meeting pending the outcome of the discussion at the
Executive Session.
Financial Or Budget Considerations
Increase job classification from grade 17 to grade 18 and minimum 2% COLA increase for 2023 and
2024.
Recommended Action
Motion to approve January 2022-December 2024 Police Assistant Chief’s Agreement.
Supporting Documents
• Link to Assistant Chief’s 2022-2024 Labor Relations Contract
o This link is active but the document will not be officially uploaded and accessible to the
public until the adjournment of the June 7 City Council Closed Executive Session. Public
access will also be dependent on the outcome of that meeting.
Golden Valley City Council Meeting
June 7, 2022
Agenda Item
3. D. 8. PERA Settlement Agreement
Prepared By
Maria Cisneros, City Attorney
Summary
This item is the topic of the Executive Session held immediately prior to the Council meeting.
Information will be provided at the Council Meeting pending the outcome of the discussion at the
Executive Session.
Financial or Budget Considerations
The proposed settlement amount is $35,000, which would be paid by the City.
Recommended Action
Motion to approve proposed PERA settlement agreement
Supporting Documents
• Link to Proposed Settlement Agreement
o This link is active but the document will not be officially uploaded and accessible to the
public until the adjournment of the June 7 City Council Closed Executive Session. Public
access will also be dependent on the outcome of that meeting.
Golden Valley City Council Meeting
June 7, 2022
Agenda Item
3. D. 9. Approve Law Enforcement Services Agreement with Hennepin County Sheriff’s Office
Prepared By
Alice White, Assistant Police Chief
Summary
Based on projected staffing levels over the next several months, the Police Department may be unable
to staff patrol shifts at fully operational levels. Therefore, Police Department command staff recommend
contracting with the Hennepin County Sheriff’s Office for assistance filling open shifts. While the Sheriff’s
Office is required by state law to support agencies that need assistance, the contract does not guarantee
services because the Sheriff’s Office is also experiencing similar staffing difficulties. The intent is to make
open shifts available to Sheriff’s Office staff.
Recruitment is ongoing but staffing levels are at a critical point and need to be made a priority.
Financial Or Budget Considerations
The rates are listed in Attachment A of the agreement. The rates are comparable to those paid to
Golden Valley Police Officers.
Recommended Action
Motion to approve Law Enforcement Services Agreement with Hennepin County Sheriff’s Office
Supporting Documents
• Law Enforcement Services Agreement with Hennepin County Sheriff’s Office (9 pages)
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Contract No:
LAW ENFORCEMENT SERVICES AGREEMENT
This Law Enforcement Services Agreement (this “Agreement”) is between the COUNTY OF
HENNEPIN, STATE OF MINNESOTA (the “COUNTY”), A‐2300 Government Center, Minneapolis,
Minnesota 55487, on behalf of the Hennepin County Sheriff’s Office (“HCSO”), and the City of
Golden Valley (“CITY”), 7800 Golden Valley Road, Golden Valley, Minnesota 55427.
Pursuant to the foregoing, the parties agree as follows:
1. TERM
COUNTY shall provide Services (as defined herein) commencing June 6th, 2022 and
ending at midnight on December 31st, 2024, unless terminated sooner pursuant to the
provisions herein.
2. SERVICES AND OBLIGATIONS
Pursuant to the terms herein, COUNTY, by and through HCSO, shall exercise best efforts
to assign law enforcement personnel (“Deputies”) to provide law enforcement and
related services for CITY in and around the geographical boundaries of the City of
Golden Valley as more fully described in Attachment A (“Services”).
Services shall encompass only those duties and functions that are within the jurisdiction
of and customarily rendered by HCSO in accordance with applicable law, including but
not limited to enforcement, investigation, emergency response, duties authorized by
law, proactive patrol, response to calls for public safety services, crime prevention,
investigation of criminal activity, assistance with local and state prosecutions, and other
agreed upon duties.
3. PAYMENT FOR SERVICES
COUNTY shall invoice and CITY shall pay COUNTY for each hour of Services actually
performed hereunder at the rates set forth in Attachment A, subject to the following
adjustment for over‐time:
• hours of Services which exceed eight (8) hours per day for an individual Deputy
or eighty (80) hours per payroll period for an individual Deputy shall be overtime
and compensated at the hourly rate set forth on Attachment A; and
• the foregoing calculations of hours to determine overtime include all hours of
performance for COUNTY by each specific deputy – not only hours of Services
performed hereunder.
CITY shall pay invoiced amounts within thirty (30) days from receipt of the invoice.
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4. NO AGENCY RELATIONSHIP
The parties agree that nothing herein contained is intended or should be construed in
any manner as creating or establishing the relationship of co‐partners between the
parties hereto or as constituting either party as an agent, representative, or employee
of the other for any purposes or in any manner whatsoever. Each party is to be and
shall remain an independent contractor with respect to all Services performed under
this Agreement.
5. INDEMNIFICATION AND LIMITATION OF LIABILITY
Except for liability, claims, injury, damages, costs or expenses resulting from COUNTY’s
intentional, willful or wanton acts, CITY shall defend, indemnify, and hold harmless
COUNTY, its present and former officials, officers, agents, volunteers and employees,
including but not limited to individual Deputies to the extent they are
individually/personally named in any action, from any liability, claims, injury, damages,
costs, or expenses, including reasonable attorney’s fees, resulting (i) directly from
COUNTY’s performance of Services, including but not limited to claims under state or
federal law, including but not limited to 42 U.S.C. §1983, Monell claims, attorney’s fees
and costs under 42 U.S.C. § 1988, to the extent arising out of, in the course and scope
of, and directly and proximately caused by the performance of Services under this
Agreement; (ii) from any act or omission of CITY, CITY’s subcontractor, anyone directly
or indirectly employed by them, and/or anyone for whose acts and/or omissions they
may be liable, and (iii) against all loss by reason of the failure of CITY to perform any
obligation under this Agreement.
The parties expressly agree that, with respect to the resolution of any matter subject to
CITY’s obligations under this Section 5, neither party will disparage nor attribute or
stipulate to any liability, wrongdoing, negligence, etc., to the other party, without such
other party’s express written consent.
EXCEPT FOR LIABILITY, CLAIMS, INJURY, DAMAGES, COSTS OR EXPENSES RESULTING
FROM COUNTY’S INTENTIONAL, WILLFUL OR WANTON ACTS, COUNTY WILL NOT BE
LIABLE FOR ANY LOSS, LIABILITY, DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO
SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF
OR RELATED TO THIS AGREEMENT, EVEN IF THE PARTIES HAVE KNOWLEDGE OF THE
POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE
FORSEEABLE.
Liability of the CITY and COUNTY shall be governed by the provisions of the Municipal
Tort Claims Act, Minnesota Statutes, Chapter 466, and other applicable laws.
Notwithstanding the above, the CITY shall not be required to defend and indemnify the
COUNTY if any individual Deputy fails to cooperate, collaborate, or coordinate with CITY
personnel as required by this Agreement.
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6. DATA PRACTICES
Each party and its officers, agents, owners, partners, employees, volunteers and
subcontractors agree to abide by the provisions of the Minnesota Government Data
Practices Act, Minnesota Statutes, Chapter 13, the Minnesota Health Records Act,
Minnesota Statutes, §144.291 et seq., the Health Insurance Portability and
Accountability Act and implementing regulations, if applicable, and all other applicable
state and federal laws, rules, regulations and orders relating to data privacy or
confidentiality, and as any of the same may be amended.
7. MERGER AND MODIFICATION
A. It is understood and agreed that the entire Agreement between the parties is
contained herein and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter. All items that
are referenced or that are attached are incorporated and made a part of this
Agreement. If there is any conflict between the terms of this Agreement and
referenced or attached items, the terms of this Agreement shall prevail.
B. Any alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an
amendment to this Agreement signed by the parties.
8. DEFAULT AND CANCELLATION
If either party fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement, it shall be in
default. Unless said party’s default is excused in writing by the other party, said party
may upon written notice immediately cancel or terminate this Agreement in its entirety.
This Agreement may be canceled with or without cause by either party upon thirty (30)
days’ written notice.
Any remedies expressly set forth herein, including but not limited to the right to
terminate this Agreement, shall be in addition to any other right or remedy available to
the party under this Agreement, law, statute, rule, and/or equity.
Provisions that by their nature are intended to survive the term, cancellation or
termination of this Agreement include but are not limited to: SERVICES AND
OBLIGATIONS; NO AGENCY RELATIONSHIP; INDEMNIFICATION AND LIMITATION OF
LIABILITY; DATA PRACTICES; DEFAULT AND CANCELLATION; MEDIA OUTREACH; and
MINNESOTA LAW GOVERNS.
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9. CONTRACT ADMINISTRATION
Major Jeffrey Storms, 612‐596‐9870, or successor (Contract Administrator), shall
manage this Agreement on behalf of the COUNTY and serve as liaison between the
COUNTY and CITY.
Alice White Assistant Chief of Police, City of Golden Valley, 7800 Golden Valley Road,
Golden Valley, Minnesota 55427, 763‐512‐2503, awhite@goldenvalleymn.gov, or
successor, shall manage the agreement on behalf of the CITY and serve as liaison
between the CITY and COUNTY.
Either party may replace such person but shall immediately give written notice to the
other party of the name, phone number and fax number (if available) of such substitute
person and of any other subsequent substitute person.
10. COMPLIANCE WITH APPLICABLE LAW
Each party shall comply with all applicable federal, state and local statutes, regulations,
rules and ordinances currently in force or later enacted.
11. NOTICES
Any notice or demand which must be given or made by a party under this Agreement, or
any statute or ordinance, shall be in writing, and shall be sent registered or certified
mail. Notices to the COUNTY shall be sent to the Hennepin County Administrator –
A2300, Hennepin County Government Center, 300 South Sixth St, Minneapolis,
Minnesota 55415 with a copy to HCSO at the address given in the opening paragraph of
the Agreement. Notice to CITY shall be sent to the address stated in the opening
paragraph of the Agreement.
12. MEDIA OUTREACH
CITY shall notify HCSO, prior to publication, release or occurrence of any Outreach (as
defined below). The parties shall coordinate to produce collaborative and mutually
acceptable Outreach. For clarification and not limitation, all Outreach shall be approved
by HCSO, by and through the Lead Officer or their designee(s), prior to publication or
release. As used herein, the term “Outreach” shall mean all media, social media, news
releases, external facing communications, advertising, marketing, promotions, client
lists, civic/community events or opportunities and other forms of outreach created by,
or on behalf of, CITY (i) that reference or otherwise use the term “Hennepin County”,
the “Hennepin County Sheriff’s Office” or “Sheriff David [Dave] Hutchinson” or any
derivative thereof; or (ii) that directly or indirectly relate to, reference or concern the
County of Hennepin, this Agreement, the services performed hereunder or COUNTY
personnel, including but not limited to COUNTY employees and elected officials.
5
13. MINNESOTA LAWS GOVERN
The Laws of the State of Minnesota shall govern all questions and interpretations
concerning the validity and construction of this Agreement and the legal relations
between the parties and their performance. The appropriate venue and jurisdiction for
any litigation will be those courts located within the County of Hennepin, State of
Minnesota. Litigation, however, in the federal courts involving the parties will be in the
appropriate federal court within the State of Minnesota. If any provision of this
Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be
affected.
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SIGNATURE AUTHORIZATION
Reviewed for COUNTY by
the County Attorney’s Office:
By: ____________________
Michael Bernard
COUNTY OF HENNEPIN
STATE OF MINNESOTA
By:
Sheri Selton
County Administration Clerk
HENNEPIN COUNTY SHERIFF’S OFFICE
By:
David Hough
County Administrator
By: ____________________
Tracey A. Martin
Chief Deputy
Hennepin County Sheriff’s Office
Date:
CITY OF GOLDEN VALLEY
By: _____________________________________
Timothy Cruikshank, City Manager
By:______________________________________
Shepard Harris, Mayor
Date:
Date:
Date:
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ATTACHMENT A
SERVICES
I. Pursuant to the terms of this Agreement, COUNTY shall provide Services in accordance with
the following:
Unless the parties otherwise agree, COUNTY shall exercise best efforts to provide up to
two deputies throughout each day to perform Services. However, upon CITY’s request
or as HCSO determines necessary to keep the peace and/or fulfill its obligations
hereunder, HCSO may provide additional deputies to perform Services on any given day.
As long as said additional Services are within the scope of Services, the additional
services shall be a non‐material modification to this Agreement not requiring an
amendment so long as the additional Services do not alter the character of the Services
contemplated herein. Said additional services shall be paid at the hourly rates set forth
herein.
To the extent Services include enforcement of the regulatory ordinances duly adopted
by the governing body of CITY, CITY will provide HCSO with a sufficient number of
complete and current copies of said regulatory ordinances.
HCSO and its assigned Deputies shall work collaboratively with CITY law enforcement
personnel. However, the parties expressly acknowledge and agree that HCSO is not
responsible for command or control of any CITY personnel, including but not limited to
CITY law enforcement personnel.
CITY shall provide radio equipment and dispatching necessary for communications
between Deputies and CITY/CITY law enforcement personnel. HCSO shall be solely
responsible for identifying and supplying Deputies with equipment and supplies
necessary to perform Services, including, as HCSO deems appropriate, a seasonally
appropriate patrol uniform of the day, service belts, HCSO radio equipment, service
weapon, personal soft ballistic body armor, and traffic vests.
Deputies shall perform Services and related law enforcement activity, including
detention, arrest, and documentation in accordance with HCSO’s operating standards,
policies, and procedures as well as applicable law. Unless the parties otherwise agree,
HCSO shall be solely responsible for and shall arrange transport and/or booking of any
arrested/detained individuals which may include transportation to, and supervision
during, necessary medical treatment. For clarification and not limitation, nothing herein
is intended to nor shall be construed as modifying, altering, waiving, releasing or
otherwise affecting in any manner whatsoever any duties or obligations imposed by
HCSO’s standards, policies, and procedures or by applicable law.
HCSO shall be solely responsible for the selection and assignment of Deputies and other
personnel to perform Services. The parties acknowledge and agree that resource
8
availability requires HCSO to exercise its best judgment in prioritizing and responding to
the public safety needs of its jurisdiction. That prioritization decision belongs solely to
HCSO. HCSO may, at any time, recall Deputies when it is considered to be in COUNTY’s
best interest to do so.
HCSO shall be exclusively responsible for deputy performance standards, the discipline
of Deputies, and other matters incidental to the performance of Services including the
right to control assigned Deputies. CITY shall refer concerns about assigned Deputies,
including instances of alleged misconduct or other disciplinary matters, to Major Jeff
Storms , Sheriff’s Administration, for investigations, referral, or other appropriate
actions. HCSO will retain sole authority and responsibility for discipline of Deputies.
In the event of any actual or alleged unusual incidents, emergencies, and/or
controversial situations which arise in relation hereto, each party shall immediately
report such incidents to the other party and shall immediately cooperate, collaborate,
and coordinate with the other party to investigate, remedy and/or respond to the same.
For purpose of this paragraph "unusual incident, emergency, or controversial situations"
include but are not limited to any actual or alleged assault, sexual assault/misconduct,
excessive force, or other act of violence, by a party, a party's personnel or agent(s), a
prisoner, or any third party, any escape or attempted escape of a prisoner or any other
breach of security, any excessive delay in the transportation of a prisoner, and any
refusal of any party to release a prisoner as authorized or directed by applicable law.
For clarification and not limitation of the provisions herein, including the Promotional
Materials obligations in the Agreement, the parties shall cooperate, collaborate, and
coordinate any outward facing communications regarding any unusual incident,
emergency, or controversial situation.
CITY shall at its sole expense supply any special stationary, supplies, notices, or forms
which are to be issued by HCSO in the name of the CITY in connection with the Services.
HCSO shall provide Services from HCSO owned, operated, or accessible facilities.
However, CITY may, in its sole discretion, elect to provide one or more
alternative/additional facilities for use by HCSO, including but not limited to providing
necessary space, furnishings, utilities and other equipment and services necessary or
incidental to the existence and operation of said facility. If such facility is established by
the CITY and maintained within the geographic boundaries of the CITY, such facility may
be utilized by the HCSO in connection with the performance of HCSO’s duties and
functions beyond performing Services, including law enforcement and other related
legal obligations beyond the geographic boundaries of the CITY, provided, however, that
the performance of such duties and functions shall not be at any additional cost to the
CITY.
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II. As further described in the Agreement, COUNTY personnel shall be paid the following
hourly rate for each of Services performed hereunder:
Regular Rate Overtime Rate
1) Sheriff’s Deputy ‐ $50.06/hour $75.09/hour
2) Sheriff’s Sergeant ‐ $61.55/hour $92.32/hour
3) Sheriff’s Lieutenant ‐ $68.32/hour $102.48/hour
4) Sheriff’s Captain ‐ $75.15/hour $112.73/hour
Notwithstanding the foregoing established rates, the parties expressly acknowledge and agree
that COUNTY may adjust said rates, during the term of this Agreement, to reflect pro‐rata
changes resulting from changes in collective bargaining or other applicable contracts. COUNTY
shall give CITY written notice of any applicable adjustment in rates.
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Golden Valley City Council Meeting
June 7, 2022
Agenda Item
3. E. Adopt Resolution No. 22-055 entering into Host Site Agreement with Minnesota Pollution Control
Agency
Prepared By
Drew Chirpich, Environmental Specialist
Summary
Minnesota GreenCorps is an AmeriCorps program that began in 2009. The goal of Minnesota
GreenCorps is to preserve and protect Minnesota’s environment while training a new generation of
environmental professionals. The program places members with host sites around the state to assist
communities and local governments in addressing a variety of statewide needs. For the 2022-2023
program year, the Minnesota Pollution Control Agency (MPCA) anticipates placing and supporting
approximately 48 full-time GreenCorps members throughout Minnesota. More information is available
at: https://www.pca.state.mn.us/mngreencorps/program-information.
The City has been successful applying for GreenCorps members in the past. A GreenCorps member
worked at City Hall from September 2016 to August 2017. The member focused on GreenStep Cities
initiatives, developing the City’s Resilience & Sustainability Plan, and implementing the City’s Natural
Resources Management Plan. The City also hosted GreenCorps Members for the 2019-2020, 2020-
2021, and 2021-2022 terms. Members worked on the City’s recycling and organics programs, and
energy efficiency and emissions reductions respectively.
For the 2022-2023 term, the GreenCorps member would work on a full-time basis from September
2022 to August 2023. The GreenCorps member would assist the City with implementing its Energy
Action Plan with an emphasis on equity, addressing energy cost burden, engaging multifamily units in
energy efficiency opportunities, and addressing tree replacements due to Emerald Ash Borer and
canopy disparities in the community. The member will also work on other aspects of the City’s
resilience and Sustainability Plan, and help to continue work on the City’s new Organics Recycling
Program.
Financial Or Budget Considerations
$300 Training budget to be supplied by the City for the member. Funding Available in 7303.
City Council Regular Meeting Executive Summary
City of Golden Valley
June 7, 2022
2
Recommended Action
Motion to adopt Resolution No. 22-055 to enter into Host Site Agreement with the Minnesota
Pollution Control Agency
Supporting Documents
• Resolution No. 22-055 to enter into Host Site Agreement with the Minnesota Pollution Control
Agency (1 page)
• Agreement GreenCorp Host Site (10 page)
RESOLUTION NO. 22-055
RESOLUTION SUPPORTING SUBMITTAL OF APPLICATION
TO MINNESOTA POLLUTION CONTROL AGENCY
FOR MINNESOTA GREENCORPS HOST SITE
WHEREAS, the City of Golden Valley is eligible to apply for the placement of one
Minnesota Pollution Control Agency GreenCorps member at City Hall for the next program
year (September 2022-August 2023); and
WHEREAS, the selected candidate would work with staff and the Environmental
Commission to implement the City's Energy Action Plan, GreenStep Cities program, and
engaging multifamily units in reducing energy cost burden and
WHEREAS, the selected candidate would focus on assisting the City with its energy
consumption and efficiency goals, objectives, and implementation actions; and
WHEREAS, staff has reviewed all terms and conditions of this funding opportunity
and finds them to be satisfactory.
NOW THEREFORE BE IT RESOLVED by the City Council of Golden Valley that the
Council is supportive of staff's submittal of an application to the Minnesota Pollution Control
Agency for the placement of one Minnesota GreenCorps member at City Hall from
September 2022 to August 2023.
Adopted by the City Council of Golden Valley, Minnesota this 7th day of June 2022.
__________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________
Theresa Schyma, City Clerk
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Minnesota GreenCorps
Host Site Agreement
Program Year 2022 - 2023
I. Purpose
This Agreement is between the State of Minnesota, acting through its Commissioner of the Minnesota Pollution Control
Agency (MPCA), 520 Lafayette Road North, St Paul, MN 55155, using the Minnesota GreenCorps Program, herein after
referred to as “State” or “MPCA,” and <Insert host site name and address>, herein after referred to as the “Host Site.” The
Agreement delineates the terms, conditions, and rules of participation in the Minnesota GreenCorps Program for the 2022-
2023 program year.
II. Term of agreement
Effective date: September 15, 2022, or the date the State obtains all required signatures under Minn. Stat. § 16C.05, subd. 2,
whichever is later.
Expiration date: August 15, 2023, or until all obligations have been satisfactorily fulfilled, whichever occurs first.
III. Authorized representatives
The MPCA’s Authorized Representative is Cristina Villella, Minnesota GreenCorps Program Coordinator, 520 Lafayette Road
North, St Paul, MN 55155, 651-757-2580, cristina.villella@state.mn.us or her successor.
The Host Site’s Authorized Representative is <Name, title, address, telephone number, email>, or his/her successor. If the
Host Site’s Authorized Representative changes at any time during this Agreement, the Host Site must immediately notify the
MPCA.
The Host Site supervisor is: <Name, title, address, telephone number, email>, or successor.
If the supervisor(s) changes at any time during this Agreement, the Host Site must immediately notify the MPCA.
IV. Member position description
The Host Site, along with listed partners, will provide direction, supervision, and resources for the following Minnesota
GreenCorps member (Member) position (s) <Insert position title>. The MPCA is responsible for candidate selection,
ensuring that selected members meet the eligibility requirements and qualifications outlined below.
<Insert position description>
Eligibility requirements
• Must be a minimum of 18 years or older.
• Must be a U.S. Citizen, U.S. National, or a lawful permanent resident alien of the U.S.
• Must be eligible to serve an AmeriCorps service term.
• Must consent to, and pass, a criminal history check.
Doc Type: Agreement
SWIFT #:
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Qualifications
Education
A two-year Associate’s degree or completion of sophomore year in a four-year college program is required. A four-year
Bachelor’s degree with a major or significant course work related to environmental protection, energy conservation and
efficiency, urban planning, ecology or biology, or another relevant aspect of the Minnesota GreenCorps program is preferred.
Work skills
• Effective communication, presentation, and writing skills.
• Ability to build and maintain relationships.
• Ability to work well independently and on diverse teams.
• Ability to take initiative and effectively manage projects.
• Ability to research and organize information.
• Functional computer skills: word processing, spreadsheet, database management.
Interest/commitment
• Demonstrated interest in environmental topics, including energy and water conservation, active transportation,
urban planning, local foods, recycling, environmental education, etc.
• Commitment to complete the 11 month (1,700 hour) AmeriCorps service term.
Physical requirements
• Most positions are primarily based in an office setting and require sitting, standing, and operating a computer and
telephone.
• Some positions may require light to moderate lifting, bending, stooping, pulling, kneeling, carrying, and use of hand
tools.
• Some positions may require the ability to work outdoors in adverse weather conditions, such as wind, rain, high or
low temperatures on challenging terrain for up to 8 hours at a time.
While Minnesota GreenCorps members will be selected for placement based on their qualifications and
commitment to service, host sites must understand that Members are not necessarily bringing highly
specialized skills to their position. The Members are participating in the Minnesota GreenCorps program in order to
give back to their communities and gain valuable skills and experience in the environmental field. Host sites will often
need to invest time in on-the-job training for the Members.
V. Responsibilities of the MPCA
The MPCA, acting through the Minnesota GreenCorps Program Coordinator, supporting staff, and management, is
responsible for providing oversight to the Minnesota GreenCorps Program on a statewide level, including Member
management, site management, and compliance with all AmeriCorps regulations. The Minnesota GreenCorps Program
Coordinator is an employee of the MPCA.
A. Member selection process
1. Interview: The MPCA will accept and screen all applications for Member positions. The MPCA will sort and review
applications, and select candidates for interviews.
2. Selection: The MPCA will make selection decisions. The MPCA has the responsibility and authority to extend an
offer for a position to an applicant, and will make the final selection decisions.
3. Criminal history checks: The MPCA will conduct required criminal history checks on applicants prior to their
official start into the Minnesota GreenCorps Program. Member participation in the Minnesota GreenCorps Program
is contingent upon passing all relevant criminal history checks.
B. Member management
1. Member training: The MPCA is responsible for coordinating the logistics and scheduling the Member trainings that
occur throughout the year. The MPCA will reimburse qualified travel expenses for Members to attend Minnesota
GreenCorps-sponsored training. The member mileage reimbursement for these required training events is paid for
entirely by the MN GreenCorps federally funded program budget through AmeriCorps. Member orientation(s) topics
will include: AmeriCorps/Minnesota GreenCorps policies and procedures; OnCorps reports (the online reporting
system for AmeriCorps programs); reporting requirements; training in topic areas; and safety, including right-to-
know and emergency procedures.
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2. Oversight: While the Host Site will provide day-to-day supervision, the MPCA will communicate regularly with the
Host Site and site supervisor to ensure that the tasks and activities of the Member project align with the position
description and goals of the Minnesota GreenCorps Program and the MPCA. The MPCA will work with the Member
and host site to refine project measures throughout the term of service. The MPCA is also responsible for data
compilation and reporting to interested parties including ServeMinnesota, the Corporation for National and
Community Service (CNCS), MPCA management, and other interested parties.
3. Mentors: The MPCA will provide each Minnesota GreenCorps Member with a mentor that will provide technical
assistance and support throughout the program year.
4. Member site visits: The MPCA will conduct up to two site visits during the year. Site visits will be scheduled by the
MPCA with the Minnesota GreenCorps Member and site supervisor.
5. Monitoring program requirements: The Minnesota GreenCorps Program Coordinators will track and monitor each
Member’s progress in completing program requirements. This includes monitoring Members’ service hours to
ensure the Member will complete the minimum hour requirement by the end of program term.
6. Member personnel file: The MPCA will maintain a personnel file for each Member.
7. Member benefits: The MPCA is responsible for administering/overseeing Member benefits (as applicable)
including: living allowance, health insurance and workers’ compensation. The MPCA will provide assistance to
qualifying Members in receiving federal student loan forbearance, child care reimbursement, and education awards
from the corresponding government entities that provide such benefits. The MPCA will also provide travel
reimbursement for approved expenses.
8. Reasonable accommodation: A reasonable accommodation is any modification or adjustment to a job, practice, or
work environment that makes it possible for an individual with a physical or mental disability to perform the essential
functions of a job. The MPCA must provide such accommodations, upon request by Members with disabilities,
unless doing so imposes undue financial or administrative burden to the program.
9. Member discipline: The MPCA will work closely with the Host Site supervisor regarding setting expectations and, if
necessary, administering discipline for performance-related issues, including but not limited to: tardiness, failure to
meet deadlines, failure to complete service position duties, etc.
10. Grievance procedures: The MPCA will ensure that Member work problems are appropriately resolved; when
necessary, the MPCA will ensure that Grievance Procedures are administered as prescribed in the Member Service
Agreement.
11. Site re-assignment: In the event that a Host Site environment becomes unsuitable for a Member to continue their
service work, the MPCA reserves the right to terminate the site partnership and move the Member to another site,
should an opportunity exist.
C. Member suspension, release from service, and termination
1. Only the MPCA’s designated staff has the authority to suspend or release a Member either for cause or for
compelling personal circumstances. Host Site supervisors must actively work with the MPCA to address
performance issues before suspension or release from service is considered.
2. Terminating: Only MPCA’s designated staff has the authority to suspend or release a Member from service for
disciplinary reasons. Site supervisors must actively work with the MPCA to address performance issues before
termination is considered.
D. Host Site management
1. Training: Host site orientation topics will include: AmeriCorps/Minnesota GreenCorps policies and procedures,
OnCorps reports, and reporting requirements.
2. Site visits: The Minnesota GreenCorps Program Coordinators and/or other MPCA staff will conduct up to two site
visits with each site. The site visits will review progress in relation to the expectations laid out in the Site Agreement,
celebrate success, and provide assistance in problem solving.
3. Monitor and approve in-kind: The Minnesota GreenCorps Program Coordinator will monitor in-kind reports
submitted to OnCorps by the Site Supervisor, and will approve in-kind reports once proper documentation is
received.
4. Criminal history checks: The MPCA will conduct criminal history checks on host site supervisors prior to the start
of the Minnesota GreenCorps Program. Site participation in the Minnesota GreenCorps Program is contingent upon
passing all criminal history checks.
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VI. Host Site responsibilities
The Host Site, acting primarily through the Host Site supervisor, is responsible for the following:
A. Member support and management
1. Member recognition: Minnesota GreenCorps members are not “employees” or “volunteers” of the host site.
2. Supervision: Provide day-to-day professional supervision of the Minnesota GreenCorps member(s), equating to at
least 3.2 hours per week (0.08 full time employee [FTE]), per member. Set a daily schedule with the Minnesota
GreenCorps member to ensure a full-time member is serving approximately 40 hours/week, and then hold the
member accountable to this set schedule.
3. Provide appropriate safety training and personal protective equipment PPE, including right-to-know and emergency
procedures.
4. Workspace, computer access, supplies, materials. Provide reasonable workspace for Members to complete the
tasks of their project. This includes a desk, phone, computer, access to office supplies, access to a printer, copy
machine, materials needed for Minnesota GreenCorps member projects (displays, fact sheets, manuals, etc.).
Members must have regular access to the internet for Minnesota GreenCorps-related purposes (i.e., completing
timesheets, using the Minnesota GreenCorps website, checking email) as well as to complete the tasks of their
project. It is recommended the host site provide a host site email address to the Minnesota GreenCorps member if
possible. Host sites must provide Members with necessary equipment to complete the tasks of their project from a
remote location if teleservice is required.
5. On-site training: Invite the Minnesota GreenCorps member to participate in relevant on-site training and/or staff
meetings. Minnesota GreenCorps members may record this time toward their service hours.
6. Member professional development: Host sites are encouraged to provide at least $150 towards Member
professional development, such as attending conferences, seminars, workshops, trainings, etc.
7. Per AmeriCorps guidance, Minnesota GreenCorps members should provide in person service to the people and in
the communities where they serve rather than performing service remotely. Therefore, teleservice should be rare
and involve appropriate documentation, supervision, and oversight. If teleservice is deemed necessary by the host
site organization, supervisor, and/or member, the member and supervisor must complete, submit and receive
MPCA program staff approval a Temporary Teleservice Authorization form prior to the start of teleservice. In
addition, the member and the supervisor must outline the member’s planned activities for the duration of teleservice,
setting clear expectations, and identifying means to document progress and results. It is the supervisor’s
responsibility to monitor both the member’s plans, progress, and outputs while they are serving off-site.
8. Work environment: Maintain a work environment that is welcoming, respectful, free of harassment and
discrimination, and safe. Name badge: Provide the Member with a name badge, if required, according to the
personnel policies of the host site.
9. Reasonable accommodation: Members with mental or physical disabilities have the right to request reasonable
accommodations through their host site. The host site should work closely with the Minnesota GreenCorps Program
Coordinator and the MPCA’s Human Resource Office to support and respond to such requests.
10. Grievance procedures: Discuss work problems with Members, engage in informal problem solving, and (if
required) support the Grievance Procedures included in the Member Service Agreement.
B. Insurance
If the Members are using vehicles belonging to the Host Site organization to conduct business on behalf of the
Minnesota GreenCorps Program, then the Host Sites’ vehicle insurance is primary.
C. Supervisor responsibilities
1. Attend supervisor training: Supervisors are required to participate in a one-day Site Supervisor Orientation at the
start of the program year to learn roles and responsibilities. If a host site supervisor is unable to attend the
supervisor training, they must send another representative from the host site to receive proper training.
2. Approve timesheets: Verify the Member’s service hours by approving his or her timesheet online once every two
weeks through the OnCorps Reports online system. Member timesheets must be approved by supervisors on time
for the Member to receive his or her living allowance.
3. Participate in site visits: Participate in a bi-annual site visit facilitated by the Minnesota GreenCorps Program
Coordinator. The purpose of the visit will be to review progress in relation to the expectations laid out in the Site
Agreement, celebrate success, and provide assistance in problem solving.
4. Maintain open lines of communication: Maintain open lines of communication with the Minnesota GreenCorps
member, Minnesota GreenCorps Program Coordinator, and MPCA professional staff in relation to the Member’s
role and performance.
5. Discipline/termination (if necessary): Ensure that Members comply with the terms of the Member Service
Agreement. Host sites must be involved with resolving work problems of Members and may be involved in the
Grievance Procedures. The Host Site Supervisor must notify and work closely with the MPCA Human Resources
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staff on disciplinary action. A site may not decide to terminate a Member. Only designated MPCA staff has the
authority to suspend or release a Minnesota GreenCorps member from service for disciplinary reasons.
6. Complete performance evaluations: Complete a mid-year and end-of-year Member performance evaluation.
7. Submit in-kind documentation: Submit in-kind reports through the OnCorps Reports online system, and provide
hard copy documentation.
8. Reportable and measurable outcomes: Oversee and approve the Member’s submission of quarterly updates to
the MPCA on project progress on forms and a timeline determined by the MPCA, and a final report that includes
lessons learned and project measures for success.
VII. Prohibited activities for AmeriCorps members
While charging time to the AmeriCorps program, accumulating service or training hours, or otherwise performing activities
supported by the AmeriCorps program or CNCS, members may not engage in prohibited service activities, CFR § 2520.65:
A. Attempting to influence legislation.
B. Organizing or engaging in protests, petitions, boycotts, or strikes.
C. Assisting, promoting, or deterring union organizing.
D. Impairing existing Agreements for services or collective bargaining agreements.
E. Engaging in partisan political activities or other activities designed to influence the outcome of an election to any
public office.
F. Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties,
platforms, political candidates, proposed legislation, or elected officials.
G. Engaging in religious instruction; conducting worship services; providing instruction as part of a program that
includes mandatory religious instruction or worship; constructing or operating facilities devoted to religious
instruction or worship; maintaining facilities primarily or inherently devoted to religious instruction or worship; or
engaging in any form of religious proselytization.
H. Providing a direct benefit to:
a. A business organized for profit
b. A labor union, a partisan political organization
c. A non-profit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal
Revenue Code of 1986
d. An organization engaged in the religious activities described above
I. Conducting a voter registration drive or using CNCS funds to conduct a voter registration drive.
J. Providing abortion services or referrals for receipt of such services.
K. Clerical work or research unless such activities are incidental to the member’s direct service activities.
L. Census activities. AmeriCorps members and volunteers associated with AmeriCorps grants may not engage in
census activities during service hours. Being a census taker during service hours is categorically prohibited.
Census-related activities (e.g., promotion of the Census, education about the importance of the Census) do not
align with AmeriCorps State and National objectives. What members and volunteers do on their own time is up to
them, consistent with program policies about outside employment and activities.
M. Election and polling activities. AmeriCorps member may not provide services for election or polling locations or in
support of such activities.
N. Such other activities as CNCS may prohibit.
Fundraising restrictions
A. AmeriCorps members may raise resources directly in support of program service activities.
B. Examples of fundraising activities AmeriCorps members may perform include, but are not
limited to, the following:
1. Seeking donations of books from companies and individuals for a program in which
volunteers teach children to read.
2. Writing a grant proposal to a foundation to secure resources to support the training of
volunteers.
3. Securing supplies and equipment from the community to enable volunteers to help build
houses for low-income individuals.
4. Securing financial resources from the community to assist in launching or expanding a
program that provides social services to the members of the community and is delivered, in
whole or in part, through the members of a community-based organization.
5. Seeking donations from alumni of the program for specific service projects being performed
by current members.
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C. AmeriCorps members may not:
1. Raise funds for living allowances or for an organization’s general (as opposed to project)
operating expenses or endowment.
2. Write a grant application to the corporation or to any other federal agency. An AmeriCorps
member may spend no more than 10% of his/her/their originally agreed-upon term of service,
as reflected in the member enrollment in the National Service Trust, performing fundraising
activities, per CFR § 2520.40.
VIII. Nonduplication/nondisplacement
A. Nonduplication: Corporation assistance may not be used to duplicate an activity that is already
available in the locality of a program. And, unless the requirements of the nondisplacement clause
(below) are met, Corporation assistance will not be provided to a private nonprofit entity to
conduct activities that are the same or substantially equivalent to activities provided by a State
or local government agency in which such entity resides, per CFR § 2540.100.
B. Nondisplacement:
1. An employer may not displace an employee or position, including partial displacement
such as reduction in hours, wages, or employment benefits, as a result of the use by such
employer of a participant in a program receiving Corporation assistance.
2. An organization may not displace a volunteer by using a participant in a program receiving
Corporation assistance.
3. A service opportunity will not be created under this chapter that will infringe in any manner
on the promotional opportunity of an employed individual.
4. A participant in a program receiving Corporation assistance may not perform any services
or duties or engage in activities that would otherwise be performed by an employee as part
of the assigned duties of such employee.
5. A participant in any program receiving assistance under this chapter may not perform any
services or duties, or engage in activities, that:
i. Will supplant the hiring of employed workers.
ii. Are services, duties, or activities with respect to which an individual has recall right
pursuant to a collective bargaining agreement or applicable personnel procedures.
6. A participant in any program receiving assistance under this chapter may not perform
services or duties that have been performed by or were assigned to any:
i. Presently employed worker.
ii. Employee who recently resigned or was discharged.
iii. Employee who is subject to a reduction in force or who has recall rights pursuant to a
collective bargaining agreement or applicable personnel procedures.
iv. Employee who is on leave (terminal, temporary, vacation, emergency, or sick).
v. Employee who is on strike or who is being locked out.
IX. Harassment and non-discrimination policy
The MPCA and the Minnesota GreenCorps Program do not discriminate with regard to race, color, creed, religion, national
origin, sex, marital status, familial status, status with regard to public assistance, membership or activity in a local human
rights commission, disability, age, sexual orientation, gender identity, gender expression, and genetic information.
Harassment based on the protected class status listed in the paragraph above is also prohibited, including both overt acts of
harassment and those acts that create a negative work environment.
Discriminatory harassment is any behavior based on protected class status that is unwelcome and personally offensive and,
thereby, may affect morale and interfere with the Member’s ability to perform. For example, harassment based on national
origin has been defined by the U.S. Equal Employment Opportunity Commission as “Ethnic slurs and other verbal or physical
conduct relating to an individual's national origin.”
Sexual harassment has also been specifically defined by the Minnesota Human Rights Act, which states in regard to
employment, that:
“Sexual harassment” includes unwelcome sexual advances, requests for sexual favors, sexually
motivated physical contact or other verbal or physical conduct or communication of a sexual nature
when: (1) submission to that conduct or communication is made a term or condition, either explicitly or
implicitly, of obtaining employment; (2) submission to or rejection of that conduct or communication by
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an individual is used as a factor in decision affecting that individual's employment; or (3) that conduct or
communication has the purpose or effect of substantially interfering with an individual's employment,
and in the case of employment, the employer knows or should know of the existence of the harassment
and fails to take timely and appropriate action.
Discriminatory harassment may occur: 1) among peers or coworkers, 2) between managers and
subordinates, or 3) between Members and the public.
A. AmeriCorps program civil rights policy
The Corporation for National and Community Service (CNCS) has zero tolerance for the harassment of any individual or
group of individuals for any reason. CNCS is committed to treating all persons with dignity and respect. CNCS prohibits
all forms of discrimination based upon race, color, national origin, gender, age, religion, sexual orientation, disability,
gender identity or expression, political affiliation, marital or parental status, or military service. All programs administered
by, or receiving Federal financial assistance from CNCS, must be free from all forms of harassment. Whether in CNCS
offices or campuses, in other service-related settings such as training sessions or service sites, or at service-related
social events, such harassment is unacceptable. Any such harassment, if found, will result in immediate corrective
action, up to and including removal or termination of any CNCS employee or volunteer. Recipients of Federal financial
assistance, be they individuals, organizations, programs and/or projects are also subject to this zero tolerance policy.
Where a violation is found, and subject to regulatory procedures, appropriate corrective action will be taken, up to and
including termination of Federal financial assistance from all Federal sources.
Slurs and other verbal or physical conduct relating to an individual’s gender, race, ethnicity, religion, sexual orientation or
any other basis constitute harassment when it has the purpose or effect of interfering with service performance or
creating an intimidating, hostile, or offensive service environment. Harassment includes, but is not limited to: explicit or
implicit demands for sexual favors; pressure for dates; deliberate touching, leaning over, or cornering; offensive teasing,
jokes, remarks, or questions; letters, phone calls, or distribution or display of offensive materials; offensive looks or
gestures; gender, racial, ethnic, or religious baiting; physical assaults or other threatening behavior; or demeaning,
debasing or abusive comments or actions that intimidate.
CNCS does not tolerate harassment by anyone including persons of the same or different races, sexes, religions, or
ethnic origins; or from a CNCS employee or supervisor; a project, or site employee or supervisor; a non-employee (e.g.,
client); a co-worker or service member.
I expect supervisors and managers of CNCS programs and projects, when made aware of alleged harassment by
employees, service participants, or other individuals, to immediately take swift and appropriate action. CNCS will not
tolerate retaliation against a person who raises harassment concerns in good faith. Any CNCS 7 employee who violates
this policy will be subject to discipline, up to and including termination, and any grantee that permits harassment in
violation of this policy will be subject to a finding of non-compliance and administrative procedures that may result in
termination of Federal financial assistance from CNCS and all other Federal agencies.
Any person who believes that he or she has been discriminated against in violation of civil rights laws, regulations, or this
policy, or in retaliation for opposition to discrimination or participation in discrimination complaint proceedings (e.g., as a
complainant or witness) in any CNCS program or project, may raise his or her concerns with our Office of Civil Rights
and Inclusiveness (OCRI). Discrimination claims not brought to the attention of OCRI within 45 days of their occurrence
may not be accepted in a formal complaint of discrimination. No one can be required to use a program, project or
sponsor dispute resolution procedure before contacting OCRI. If another procedure is used, it does not affect the 45-day
time limit. OCRI may be reached at 202-606-7503 (voice), 202-606-3472 (TTY), eo@cns.gov, or through
http://www.nationalservice.gov/.
B. Complaint procedures
Members have the right to report a concern or complaint about discrimination or discriminatory harassment to their Host
Site supervisor, the MPCA’s Minnesota GreenCorps Program Coordinators, the MPCA Community and Business
Assistance Development Manager, or to the MPCA Human Resources Department. In fulfilling the obligation to maintain
a positive and productive work environment, Host Site supervisors, the MPCA’s Minnesota GreenCorps staff, and the
MPCA Human Resources Department are expected to address or report any suspected discrimination or discriminatory
harassment.
The following is the contact information for the MPCA Human Resources Office:
Human Resources Office
Minnesota Pollution Control Agency
520 Lafayette Road North
Saint Paul, MN 55155
651-757-2587 (voice)
Kellie.McNamara@state.mn.us (email)
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Members also have a right to contact other local, state, and federal government agencies, including:
Office of Civil Rights and Inclusiveness
Corporation for National and Community Service
1201 New York Avenue, NW
Washington, D.C. 20525
202-606-7503 (voice); 202 565-2799 (TTY)
202-565-3465 (fax); eo@cns.gov (email)
C. Retaliation
It is unlawful to retaliate against any person who, or organization that, files a complaint about such discrimination. In
addition to filing a complaint with local and state agencies that are responsible for resolving discrimination complaints,
Members may bring a complaint to the attention of CNCS.
X. In-kind contributions
The MPCA does not charge a fee for participation in the Minnesota GreenCorps program. Per AmeriCorps regulations, host
sites cannot provide financial contributions to the member; supplementing the member stipend or other costs of living (e.g.,
housing) is prohibited. However, host sites are expected to provide in-kind contributions in the form of supervision
(calculation based on hourly wage excluding fringe benefits), operating costs (office space, internet, telephone), and
professional development costs associated with hosting a member. The expected contribution for hosting one member is
$6,800, broken down into the following categories:
Category Estimated minimum contribution per member
Supervision (at least 4 hours per week) $5,000
Professional development (trainings, conference registration,
networking events, or other opportunities) $300
Operating costs (office space, internet connection, phone
connection, computer purchase or rental, office equipment) $1,500
Host sites will be required to verify all in-kind contributions, including how expenses were calculated. Host site supervisors
are required to report their in-kind supervision hours in OnCorps Reports, the online system for Minnesota AmeriCorps
programs. In-kind contributions cannot be provided from a federal source of funds, unless permission has been provided
from the granting federal agency. Host sites are expected to maintain any source documentation for seven years.
XI. Recital
A. Under Minn. Stat. § 15.061 the State is empowered to engage such assistance as deemed necessary.
B. The State is in need of agreeing upon rules of participation, roles, and responsibilities for Host Sites.
C. The Host Site represents that it is duly qualified and agrees to perform all services described in this Contract to the
satisfaction of the State.
XII. Survival of terms
The following clauses survive the expiration or cancellation of this Contract: Indemnification; State audits; Government data
practices; Governing law, jurisdiction, and venue; and Data disclosure.
A. Indemnification
In the performance of this Contract by Host Site, or Host Site’s agents or employees, the Host Site must indemnify, save,
and hold harmless the State, its agents, and employees, from any claims or causes of action, including attorney’s fees
incurred by the State, to the extent caused by Host Site’s:
1. Intentional, willful, or negligent acts or omissions.
2. Actions that give rise to strict liability.
3. Breach of contract or warranty.
The indemnification obligations of this section do not apply in the event the claim or cause of action is the result of the
State’s sole negligence. This clause will not be construed to bar any legal remedies the Host Site may have for the
State’s failure to fulfill its obligation under this Contract.
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B. State audits
Under Minn. Stat. § 16C.05, subd. 5, the Host Site’s books, records, documents, and accounting procedures and
practices relevant to this Contract are subject to examination by the State and/or the State Auditor or Legislative Auditor,
as appropriate, for a minimum of six years from the end of this Contract.
C. Government data practices
Government data practices. The Host Site and State must comply with the Minnesota Government Data Practices Act,
Minn. Stat. ch. 13, (or, if the State contracting party is part of the Judicial Branch, with the Rules of Public Access to
Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time
to time) as it applies to all data provided by the State under this Contract, and as it applies to all data created, collected,
received, stored, used, maintained, or disseminated by the Host Site under this Contract. The civil remedies of Minn.
Stat. § 13.08 apply to the release of the data governed by the Minnesota Government Practices Act, Minn. Stat. ch. 13,
by either the Host Site or the State.
If the Host Site receives a request to release the data referred to in this clause, the Host Site must immediately notify
and consult with the State’s Authorized Representative as to how the Host Site should respond to the request. The Host
Site’s response to the request shall comply with applicable law.
D. Governing law, jurisdiction, and venue
Minnesota law, without regard to its choice-of-law provisions, governs this Contract. Venue for all legal proceedings out
of this Contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey
County, Minnesota.
E. Data disclosure
Under Minn. Stat. § 270C.65, subd. 3 and other applicable law, the Host Site consents to disclosure of its social security
number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the
State, to federal and state agencies, and state personnel involved in the payment of state obligations. These
identification numbers may be used in the enforcement of federal and state laws which could result in action requiring
the Host Site to file state tax returns, pay delinquent state tax liabilities, if any, or pay other state liabilities.
XIII. Certification
• This Agreement serves as a binding contract between the Host Site and the MPCA for the 2022-2023 program year. The
terms of this Agreement will end on August 15, 2023. The MPCA may cancel this Agreement at any time, with or without
cause, upon 30 days’ written notice to the Host Site. Amendments to this Agreement may be made only with the consent
of both parties and shall be done in writing.
• If a Member exits the Minnesota GreenCorps Program early either for cause or compelling personal circumstances, or is
relocated to a different Host Site, this agreement will automatically end on the last day of the Member’s service at this
Host Site.
• Failure to adhere to policies or to fulfill responsibilities outlined in this Agreement will become part of the selection criteria
in the event of a re-application process for future year programs.
• Termination for insufficient funding. The State may immediately terminate this Agreement if it does not obtain funding
from ServeMinnesota or other funding source; or if funding cannot be continued at a level sufficient to allow for the
payment of the work scope covered here. Termination must be by written or fax notice to the Host Site. The State is not
obligated to pay for any work performed after notice and effective date of termination. However, the Host Site will be
entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are
available. The State will not be assessed any penalty if the Agreement is terminated because of the decision of the
Minnesota Legislature or other funding source not to appropriate funds. The State must provide the Host Site notice of
the lack of funding within a reasonable time of the State's receiving that notice.
• By signing this Agreement, I acknowledge that I have read, understand and agree to all terms and conditions of this
Agreement.
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Host Site
The Host Site certifies that the appropriate persons have executed the Agreement on behalf of the Host Site as required by
applicable articles, bylaws, resolutions, or ordinances.
Host Site Authorized Representative
Print name: SHEPARD M. HARRIS Print Name: TIMOHTY J. CRUIKSHANK
Title: MAYOR Title: CITY MANAGER
Signature: Signature: _______________________________
Date: JUNE 7, 2022 Date: JUNE 2, 2022
Minnesota Pollution Control Agency (with delegated authority)
Print name:
Title:
Signature:
Date:
Golden Valley City Council Meeting
June 7, 2022
Agenda Item
3. F. Authorize Extension of Agreement for Residential Home Energy Squad Visits
Prepared By
Eric Eckman, Environmental Resources Supervisor
Summary
On May 4, 2021, the City Council approved the City’s first comprehensive Energy Action Plan, helping
the community set a course toward reducing greenhouse gas emissions and addressing climate change
over the next ten years. The plan includes three major focus areas: Reducing Energy Cost Burden,
Improving Energy Efficiency, and Supporting Clean and Renewable Energy.
An impactful way to address both energy cost burden and residential energy efficiency is participation
in the Residential Home Energy Squad program facilitated by the Center for Energy and Environment
(CEE). City Council authorized a partnership agreement with CEE on July 6, 2021.
Home Energy Squad visits promote energy conservation in residential properties offering inspections,
energy efficient installs, diagnostic tests, and follow-up services to residents. CEE staff perform the site
visits, verify income eligibility, and coordinate billing. The City assists and coordinates with CEE on
promoting and marketing activities, and reimburses CEE according to the payment table in the
agreement, which includes an equitable fee structure.
Since authorizing the agreement with CEE in July 2021, the number of Home Energy Squad visits has
exceeded projections by more than double. As such, the Environmental Commission reviewed the data
and recommended that Council extend the term of the agreement another year and increase funding
by an additional $5,000 to meet the increased demand.
Financial or Budget Considerations
The City’s portion of the Home Energy Squad visits, up to a maximum of $10,000, would be funded by
7303 Environmental Control during the contract term June 2022-December 2023.
Recommended Actions
Motion to Authorize the Mayor and City Manager to execute a First Amendment to the Agreement
with the Center for Energy and Environment to Perform Home Energy Squad Visits in the City of
Golden Valley in a form approved by the City Attorney.
City Council Regular Meeting Executive Summary
City of Golden Valley
June 7, 2022
2
Supporting Documents
• First Amendment to Agreement to Perform Home Energy Squad Visits in the City of Golden Valley
(2 pages)
• Original Agreement to Perform Home Energy Squad Visits in the City of Golden Valley (3 pages)
FIRST AMENDMENT TO
AGREEMENT TO PERFORM HOME ENERGY SQUAD VISITS
IN THE CITY OF GOLDEN VALLEY
THIS FIRST AMENDMENT TO THE AGREEMENT TO PERFORM HOME ENERGY SQUAD VISITS IN
THE CITY OF GOLDEN VALLEY BETWEEN THE CITY OF GOLDEN VALLEY AND CENTER FOR ENERGY AND
ENVIRONMENT (“First Amendment”) is made effective as of June 7, 2022 (the “Amendment Effective
Date”) by and between the City of Golden Valley (the “City”) and Center for Energy and Environment
(“Contractor”).
RECITALS
WHEREAS, the City and Contractor are parties to an Agreement, dated
on July 6, 2021 (the “Agreement”); and
WHEREAS, the parties desire to modify the Agreement as provided herein; and
WHEREAS, under the terms of the Agreement, upon the mutual written agreement of the
City and Contractor, the terms of the Agreement may be modified; and
WHEREAS, the parties wish to amend the Agreement as set forth below.
AGREEMENT
The parties agree to amend the Agreement as follows, effective as of the Amendment
Effective Date:
1. Recitals. The recitals set forth above are true and correct and are hereby incorporated
herein by reference. Any capitalized terms used herein but not defined have the same
meaning as that ascribed to them in the Agreement.
2. Payment. The City of Golden Valley will reimburse Contractor as outlined in payment table on page 1
of Agreement, not to exceed $10,000 per contract term without further authorization from the City.
3. Extension of Term. The term of the License shall be extended, and the License shall
continue in effect until December 31, 2023.
4. Ratification. Except as specifically provided in this First Amendment, each and every
provision of the License, as amended through the date hereof, remains, and is, in all
respects, in full force and effect.
5. Counterparts. This First Amendment may be executed in any number of counterparts,
including facsimile and .pdf, each of which constitutes an original and all of which,
collectively, constitute one and the same instrument. The signatures of the parties need
not appear on the same counterpart.
6. Miscellaneous. (i) The provisions hereof are binding upon and inure to the benefit of the
parties and their respective successors and assigns; and (ii) this First Amendment and the
License constitute the entire understanding between the parties in respect to the subject
matter hereof.
INTENDING TO BE LEGALLY BOUND HEREBY, the parties have executed this First as
evidenced by the signatures of their authorized representatives below.
CENTER FOR ENERGY AND ENVIRONMENT
By: __________________________________
Print Name: _________________________
Title: ______________________________
CITY OF GOLDEN VALLEY
JUNE 7, 2022
By ________________________________
Shepard M. Harris, Mayor
By ________________________________
Timothy J. Cruikshank, City Manager
AGREEMENT to Perform
Home Energy Squad Visits
In the City of Golden Valley
This Agreement is made by and between the City of Golden Valley (“CITY”) with offices at 7800 Golden Valley
Rd, Golden Valley, Minnesota 55427and the Center for Energy and Environment (“CEE”), with offices at 212 3rd
Avenue North, Suite 560, Minneapolis, Minnesota 55401.
The following agreement is for the Center for Energy and Environment (CEE) to deliver Home Energy Squad visits
to residents of the City of Golden Valley.
PROGRAM SCOPE
The purpose of the Home Energy Squad visits are to promote energy conservation in residential properties. Energy
Saver visits offer energy efficient installs, and Energy Planner visits offer installs, diagnostic tests, and follow-up
services. CEE will perform Home Energy Squad Energy Saver and Energy Planner visits for residents per the fee
schedule listed below.
CEE will collect waiver form from resident at visit verifying that they meet the income guidelines (60 -80% Area
Median Income) listed below (income limits subject to annual adjustments).
Household size Income limits Household size Income limits
1 $55,950 5 $86,300
2 $63,950 6 $92,700
3 $71,950 7 $99,100
4 $79,900 8 $105,500
ELIGIBLE PROPERTIES
Properties must be residential (from 1-4 units) and located within the geographical boundaries of the City of Golden
Valley. Individual owners of condominiums or town homes are eligible for funding.
CEE TASKS
1. Conduct Home Energy Squad Energy Saver Visits. CEE will conduct Home Energy Squad Energy Saver
visits to help homeowners identify and implement energy savings opportunities in their homes. The visit
will include an insulation inspection, safety check on heating system and water, and the direct install of
energy-saving materials where possible, including high-efficiency showerheads, faucet aerators, door
weather stripping, programmable and smart thermostats and LED light bulbs.
2. Conduct Home Energy Squad Energy Planner Visits. CEE will conduct Home Energy Squad Energy
Planner visits to help homeowners identify and implement energy savings opportunities in their homes. The
Energy Planner visit will include the direct install of energy-saving materials where possible, including
high-efficiency showerheads, faucet aerators, door weather stripping, programmable and smart thermostats
and LED light bulbs. In addition, it will include a blower door test to check for air leaks, visual inspection
of insulation levels with use of infrared camera as weather permits, heating system and hot water heater
combustion safety tests and a report to the homeowner on recommended energy upgrades (if resident is a
renter, permission from the landlord may be required for doing these additional diagnostic services).
Type of Home Energy Squad Visit City payment Resident co-pay
Energy Saver visit $35 $35
Energy Planner visit $50 $50
Energy Saver visit to low income (60-80% AMI) resident $70 $0
Energy Planner visit to low income (60-80% AMI) resident $100 $0
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The co-pay and exact package of services are subject to change based on programma tic considerations,
including CEE’s agreement with utilities and other factors which are outside the bounds of this agreement.
CEE will provide the City of Golden Valley 30 days’ written notice prior to any changes taking effect. CEE
will lead a community-based marketing campaign to promote the program. The City of Golden Valley shall
provide assistance in developing and implementing this campaign.
3. Providing Air Sealing and Insulation quotes. If air sealing and/or insulation are recommended at a Home
Energy Squad Energy Planner visit, CEE may provide a quote to the resident that would be honored by
participating insulation contractors. CEE is an independent third party to any transaction between the
resident and the insulation contractor. CEE does not receive any compensation fr om insulation contractors,
nor does CEE, CenterPoint Energy or Xcel Energy accept any liability for any work performed by these
contractors. Any agreement for work done by the contractors is solely between the contractor and the
resident.
4. Follow-up services and insulation contractor assistance. If major upgrades (air sealing, insulation and
furnace or boiler replacement) are recommended at the visit, CEE will follow-up with homeowners through
email or by phone to encourage implementation. When a quote is provided CEE has the ability to schedule
insulation work directly with a qualified contractor making it easier for homeowner to move forward with
recommendations. CEE will also provide contact information to program participants who have follow-up
questions after the home visit.
CITY TASKS
1. Assist and coordinate with CEE on marketing activities. This includes working with CEE on press
releases, articles in CITY newsletters, water bill inserts, promoting program on CITY website, CITY email
lists, assistance in coordinating with neighborhood and other CITY leaders, assistance in reserving
workshop and event space as needed.
PAYMENT
CEE shall submit regular invoices to the City of Golden Valley for activity performed under this agreement by
emailing invoices to finance@goldenvalleymn.gov for payment.
The City of Golden Valley will reimburse CEE as outlined in payment table on page 1, not to exceed $5,000 per
contract term without further authorization from the City.
RECORDS/INSPECTION
Pursuant to Minnesota Statutes § 16C.05, subd . 5, CEE agrees that the books, records, documents, and accounting
procedures and practices of CEE, 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. CEE 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.
DATA PRACTICES ACT COMPLIANCE
Any and all data provided to CEE, received from CEE, created, collected, received, stored, used, maintained, or
disseminated by CEE 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. CEE 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 CEE 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.
NO DISCRIMINATION
CEE agrees not to discriminate in its performance 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. CEE 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. CEE agrees to hold harmless and indemnify the City from costs, including bu t not
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limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these
laws by CEE or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and
subcontractors. Upon request, CEE shall provide accommodation to allow individuals with disabilities to participate
in all programs under this Agreement. CEE agrees to utilize its own auxiliary aid or service in order to comply with
ADA requirements for effective communication with individuals with disabilities.
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.
CONTACTS
The following individuals shall be contacts for this program:
CITY OF GOLDEN VALLEY CONTACT PERSON
Eric Eckman, City of Golden Valley
Environmental Resources Supervisor
eeckman@goldenvalleymn.gov or 763-593-8084
CEE CONTACT PERSON
Stacy Boots Camp, Center for Energy and Environment
Assistant Outreach Manager
sbootscamp@mncee.org or 612-244-2429
TERM
The project shall run from July 6, 2021 through December 31, 2022 and may be extended upon mutual agreement by
the parties.
In witness thereof, the parties have executed this work order as of the date written below.
CITY OF GOLDEN VALLEY CENTER FOR ENERGY AND ENVIRONMENT
By:
By:
SHEPARD M. HARRIS, MAYOR
Date: JULY 6, 2021 Date: TAX ID 41-1647799
DocuSign Envelope ID: 8AD34F24-5F67-4285-B46B-26805538D478
7/8/2021
Golden Valley City Council Meeting
June 7, 2022
Agenda Item
4. A. Adopt Resolution No. 22-056 to accept the Municipal Separate Storm Sewer System General
Permit, Storm Water Pollution Prevention Program, 2021 Annual Report to the Minnesota
Pollution Control Agency
Prepared By
Eric Eckman, Environmental Resources Supervisor
Drew Chirpich, Environmental Specialist
Summary
As authorized by the Clean Water Act of 1972 and its amendments, the U.S. Environmental Protection
Agency (EPA) oversees the National Pollutant Discharge Elimination System (NPDES) permit program
which regulates point and non-point sources of pollution into our nation’s waterways. Point sources
include pipes and ditches and non-point sources include overland precipitation runoff. The Minnesota
Pollution Control Agency (MPCA) manages the permit program for EPA in Minnesota.
Cities like Golden Valley, which operate their own storm sewer systems, are required to obtain a
Municipal Separate Storm Sewer System (MS4) General Permit from the MPCA. The permit allows
Golden Valley to discharge stormwater into public receiving waters. It also requires that the City
develop and implement a Storm Water Pollution Prevention Program (SWPPP) to reduce the
contamination of stormwater runoff and prohibit illicit discharges.
Golden Valley’s SWPPP addresses the six minimum control measures outlined in the MS4 permit
requirements:
1. Public Education and Outreach
2. Public Involvement and Participation
3. Illicit Discharge, Detection, and Elimination
4. Construction Site Runoff Control
5. Post Construction Runoff Control
6. Pollution Prevention and Good Housekeeping
City Council Regular Meeting Executive Summary
City of Golden Valley
June 7, 2022
2
The holding of an annual public hearing and preparation of an annual report are requirements of the
MS4 permit. The City must create a record of the public comments received, either written or oral. The
public input must be considered, and a record of decision must be added to the annual report to
MPCA.
Financial Or Budget Considerations
None
Recommended Action
Motion to adopt Resolution No. 22-056 Issuing a Negative Declaration of Need for Revisions to the
Storm Water Pollution Prevention Program.
Supporting Documents
• Resolution No. 22-056 Issuing a Negative Declaration of Need for Revisions to the Storm Water
Pollution Prevention Program (1 page)
• Presentation of 2021 Annual Report (30 pages)
RESOLUTION NO. 22-056
RESOLUTION ISSUING A NEGATIVE DECLARATION OF NEED
FOR REVISIONS TO THE STORM WATER POLLUTION PREVENTION PROGRAM
WHEREAS, the City prepared and submitted to the Minnesota Pollution Control
Agency (MPCA) its permit application for operation of the City’s Municipal Separate Storm
Sewer System (MS4) on April 16th, 2021; and
WHEREAS, the City was reissued coverage by MPCA for its current MS4 permit on
October 12th, 2021; and
WHEREAS, the permit requires that the City develop and implement a plan for
regulating and improving stormwater discharge, commonly referred to as the Storm Water
Pollution Prevention Program (SWPPP); and
WHEREAS, staff has been working to meet the objectives set forth in the SWPPP
and is required to report to the MPCA on the status of the plan’s implementation on an
annual basis; and
WHEREAS, the City has placed notification of a public hearing in the City’s official
newspaper and has held a public hearing to report on progress made in implementation of
the SWPPP and to take public testimony; and
WHEREAS, comments made during the public hearing will be incorporated into the
City Council record.
NOW, THEREFORE, BE IT RESOLVED, the City of Golden Valley has determined
that no revisions to the Storm Water Pollution Prevention Program are required, and staff is
hereby directed to file the annual report with the Minnesota Pollution Control Agency.
Adopted by the City Council of Golden Valley, Minnesota on this 7th day of June 2022
___________________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
2021 Report
STORM WATER
POLLUTION PREVENTION PROGRAM
TONIGHT’S PLAN
Present 2021 Report on City’s Stormwater
Program
Public Hearing
SIGNIFICANCE OF PROGRAM
Clean Water Act Passed in 1972
Meant to Address Point & Non-Point Source
Pollution
Regulatory Program (Federal Permits, NPDES)
Permits: 3-Components
Industrial
Construction Site
Municipal (Storm Sewer Operators)
Compiling Impaired Waters List
MUNICIPAL GENERAL PERMIT
Permit from MPCA (since 2003)
Operate Storm Sewer System
Discharge Stormwater into natural receiving waters (lakes,
streams, wetlands)
5-year cycle (2015-2019) extended until 2021 then renewed
under new permit cycle in October 2021
Coverage until 2025
Permit requirements
Reduce contamination from runoff, prohibit illicit discharges
(anything other than stormwater)
Annual Public Hearing
Annual Reporting to MPCA
MINIMUM CONTROL MEASURES
1. Public Education & Outreach
2. Public Participation/Involvement
3. Illicit Discharge Detection & Elimination
4. Construction Site Runoff Control
5. Post-Construction Storm Water Management
6. Pollution Prevention/Good Housekeeping
INSPECT ALL STREAMS, 20% PONDS & OUTFALLS / YR
City manages:
3,500 inlet drains
125 ponds & basins
200 outfalls
9 miles of streams
85 miles of pipes
INSPECT/CLEAN ALL STRUCTURAL DEVICES / YR
346 sump structures
12 environmental MHs
3 skimmers/baffles
1 underground vault
CONSTRUCTION SITE INSPECTIONS
Average 70 new permits/yr
~160 active sites
1,000+ inspections/yr
Correction Notices, Stop
Work Orders
DEVELOPMENT: PERMANENT STORMWATER
TREATMENT FACILITIES
Stormwater Pond
Rain Garden
Enviro MH
Underground Vault
OVERSEE 86 MAINTENANCE AGREEMENTS
POLLUTION PREVENTION/
GOOD HOUSEKEEPING
Park/Golf Maintenance Staff
Training, Certifications
Vehicle Maintenance Staff Training
Erosion and Stormwater
Management Certification
Automobile Maintenance Program
Street Sweeping –spring, fall,
summer storm
Storm Drain System Cleaning
Hazardous Materials Management
Road Salt Storage and Handling,
Winter maintenance certifications
Used Oil Recycling
Develop a Spill Response Plan
Inspect/Clean Annually All
Structural Pollution Controls
Inspect Annually 20% of Outfalls,
Basins, and Ponds
Exposed Stockpile, Storage, and
Material Handling Areas
Determine Need for Repair of
Outfalls, Basins, and Ponds
Inspection Annual Report
Establish Record Keeping System
to Track Activities
Annual stormwater training for all
field staff
RECENT MS4-RELATED CAPITAL PROJECTS
DeCola Ponds B and C Expansion; 2019-20
Public Dredging of Ponds near Kings Valley;
2019
Georgia Pond Dredging; 2020
Upcoming: Medley Park Flood reduction project;
~fall 2022; SEA School Wildwood Park fall 2022
MPCA audit in 2017 –good report!
PROGRAM EFFECTIVENESS
PUBLIC PARTICIPATION/INVOLVEMENT
Volunteer Storm Drain Stenciling Program
Adopt a Storm Drain Program
Adopt a Pond Program
BCWMC public meetings, events
Environmental Commission meetings
Conduct Annual Public Meeting
Public Notice Requirements
Consider Public Input Regarding Program
MS4 Permit application was
submitted to the MPCA for
reauthorization in April of 2021.
Received coverage under new
permit in October 2021.
Changes under the new Permit
require municipalities to increase
documentation of salt use,
documenting areas and sources of
bacteria with reduction plan,
updating SWPPP procedures,
additional documentation for most
activities.
Items need to be completed within
one year of MS4 Permit submittal.
~ October 2022
PROGRAM WILL CONTINUE TO EVOLVE
Comprehensive Plan Helps Guide
Program
CONCLUSION
2021 Report on City’s
Stormwater Program
Questions?
Public Hearing
Receive comments for
annual report
BCWMC SEEKING INPUT ON 10 YR PLAN
•Bassett Creek Watershed Management
Commission is seeking input from partner Cities
prior to developing their 10 year Watershed
Management Plan.
•City Staff will be working with the Environmental
Commission and Golden Valley’s two Watershed
Commissioners Stacy Harwell and Jane
McDonald Black on incorporating input form the
City.
1. PUBLIC EDUCATION & OUTREACH
Develop a Storm Water Communications Plan
Yard waste/nutrients, winter salt, illicit discharge
Water Resource Educational Materials
Website
City Newsletter
New Resident Packets
Local Cable TV Scroll
Educational signs
EXAMPLES –BROCHURES, WEBSITE, AND
NEWSLETTERS
BlueThumb.org
WMWA
EXAMPLES –EDUCATIONAL SIGNAGE
LEAF & POND CLEAN-UP
ADOPT-A -POND PROGRAM
3. ILLICIT DISCHARGE DETECTION & ELIMINATION
What is it?
Storm Sewer System Map
Bassett Creek Inventory
Program to Detect and Address Illicit
Connections, Discharge, and Illegal Dumping
Inform Public of Hazards Associated with Illicit
Discharges
Web page for reporting
Respond to and investigate all reports
EXAMPLES –ILLICIT STORAGE & DUMPING
STORM SEWER MAP
4. CONSTRUCTION SITE RUNOFF CONTROL
Review, update, and enforce Stormwater
Management Ordinance
Permit Application and handouts
Perform Site Plan reviews
Perform Site Inspections and Enforcement
U of MN certified inspectors
Receive and respond to
citizen complaints
5. POST-CONSTRUCTION STORMWATER MANAGEMENT
IN DEVELOPMENTS
City and Watershed Requirements for
Development Proposals
Minimal Impact Design Standards –must retain 1.1
inches of runoff onsite
Cannot increase rate of runoff
Infiltration, filtration, reuse, ponds, devices
BCWMC reviewed 9 plans in 2017
Maintenance Agreements for permanent
stormwater treatment facilities
EXAMPLES -POLLUTION PREVENTION
•Sweep streets in spring and fall
•Summer after large storm events
•Target high priority areas
EXAMPLES -POLLUTION PREVENTION
•Utilize new and
emerging
technologies and
strategies to
balance public
safety with
environmental
concerns
Pond Maintenance
EXAMPLES -POLLUTION PREVENTION
Golden Valley City Council Meeting
June 7, 2022
Agenda Item
4. B. Outdoor Service Area Permit (OSA-1) to Allow for Outdoor Dining at 7345 Country Club Drive,
Resolution No. 22-057
Prepared By
Jason Zimmerman, Planning Manager
Summary
Paul Jacob is requesting an outdoor service area (OSA) permit to allow for outdoor dining at 7345
Country Club Drive, the location of Schuller’s Tavern. Due to the zoning district in which the restaurant
is located, an outdoor patio would not be allowed as a permitted use due to limitations associated with
expanding nonconformities. The issuance of an OSA permit would allow this activity to take place on a
temporary basis and with regular opportunities to review and extend or to terminate the permit.
At its meeting on May 9, the Planning Commission voted (7-0) to recommend approval of the permit.
Background
The property at 7345 Country Club Drive is zoned Single-Family Residential (R-1), but contains a
commercial use making it nonconforming. State statute, as well as City Code, do not allow for the
expansion of a nonconforming use, making the desire to install an outdoor patio for dining infeasible.
In response to a denial by the City Council of a request to rezone the property to Commercial in recent
years, the applicant asked the City to explore other tools which could allow him to install a patio. At a
Council Work Session late in 2021, staff discussed with the City Council the idea of allowing outdoor
dining and/or retail at locations throughout the city on a temporary basis with a newly created outdoor
service area permit. The Council supported the idea and staff subsequently worked with the Planning
Commission to draft zoning text that outlined the requirements for reviewing and obtaining such a
permit. The City Council approved this language in March of 2022.
Proposed Use
The applicant proposes to install landscaping, pavers, and other site features to the lawn immediately
west of the existing building in order to create a space in which outdoor dining could take place. Many
of the elements on the submitted plan would be permitted by-right in a single-family residential zoning
district, while others would need to be allowed as part of the approved permit. In order to remain
consistent with the temporary nature of the permit, the additional site features would need to be able
to be removed should the permit not be renewed at a future date. Staff have worked with the City’s
City Council Regular Meeting Executive Summary
City of Golden Valley
June 7, 2022
2
Building Official as well as Engineering and Public Works staff to review the plans and provide
feedback.
Details of the proposal, as well as a more in-depth zoning analysis, are documented in the attached staff
memo to the Planning Commission.
Discussion at Planning Commission
Following the public hearing held before the Planning Commission on May 9, the Commissioners revised
two of the conditions recommended by staff. First, they removed the prohibition on amplifiers or
outdoor speakers being used in association with the patio or any live music performance. Second, they
relaxed the condition that required the proposed fence be built in a manner that allowed for the height
to be easily reduced should the permit be terminated in the future. For both items, Commissioners felt it
was up to the applicant to best determine how to manage the noise levels as well as design a fence that
could be reduced in height to fit the standard maximum in an R-1 zoning district.
Four members of the public spoke during the meeting. One, who lives just down the street, raised
potential concerns regarding increases in noise and traffic and impacts to those in the neighborhood
using wheelchairs. Three others who do not live in the area, but frequent Schuller’s, expressed support
for the proposal.
Evaluation
The findings and recommendations for an OSA permit are based upon any or all of the following factors
(which need not be weighed equally):
Factor Finding
1. Consistency with the Comprehensive Plan Standard met. The proposed use is consistent
with objectives in the Land Use Chapter of the
2040 Comp Plan, which include “Providing
contemporary and flexible regulations that
allow for new concepts in retail and service”
and “Supporting non-residential growth
opportunities while respecting adjacent
properties.”
2. Effect upon Property Values Standard met. The proposed use is not
anticipated to affect property values in a
substantial way. If anything, the site amenities,
including landscaping, would improve the
appearance of the property and help create
value in the area.
3. Effect on Traffic Flow and Congestion Standard conditionally met. Traffic flows are
expected to be typical for a commercial
(restaurant) use, with minimal increases
anticipated. A majority of the trips would
City Council Regular Meeting Executive Summary
City of Golden Valley
June 7, 2022
3
Factor Finding
utilize Country Club Drive which would not
impact adjacent single-family properties. The
site is well-positioned to be accessed via
bicycle and on foot. Staff recommends
incorporating a bike rack into the site plan.
4. Increase in Noise Levels Standard conditionally met. The proposed use
is not anticipated to generate excessive noise.
A berm with landscaping and a fence with
extended height is intended to buffer adjacent
single-family homes from any loud noises
associated with the patio.
5. Generation of Odors, Dust, Smoke, Gas, or
Vibration
Standard met. The proposed use is not
anticipated to generate excessive odors, dust,
smoke, gas, or vibrations.
6. Any Increase in Pests or Vermin Standard met. The proposed use is not
anticipated to attract pests.
7. Visual Appearance Standard met. The proposed improvements to
what is otherwise an open lawn would
enhance the appearance of the site.
8. Other Effects upon the General Public
Health, Safety, and Welfare
Standard conditionally met. In order to help
address additional stormwater runoff that
would be generated by the new paved patio,
staff recommends the inclusion of a rain
garden on the west lawn. In addition, to avoid
issues related to snow storage along the public
sidewalk, the design of the planting bed must
be coordinated with City staff.
The plans for the proposed patio have been reviewed by the City’s Building Official, as well as
Engineering and Public Works staff. While supportive of the outdoor dining use, specific conditions
related to stormwater management and snow storage have been recommended below. The
installation of the patio will trigger the need for application to the Metropolitan Council for new Sewer
Availability Charge units, which will also be used to calculate City Sewer Access Charges (SAC) and
Water Access Charges (WAC).
Staff recommends approval of Outdoor Service Area Permit (OSA-1), subject to the following conditions:
1. The initial term for the outdoor service area permit shall be for one year from issuance, at which
time application must be made for an extension or else the use shall be discontinued.
City Council Regular Meeting Executive Summary
City of Golden Valley
June 7, 2022
4
2. A bicycle rack able to accommodate at least eight bicycles shall be installed and made available to
the public.
3. A fence six feet in height may be constructed on the proposed berm for the duration of the
outdoor service area permit. The fence shall be modified and removed or reduced in height to four
feet if the permit is terminated or not renewed.
4. Use of the patio must conclude by 10 pm, at which time all patio lighting must be extinguished.
5. The applicant shall work with City staff to design a rain garden on-site to address stormwater
runoff, and shall proceed with installation if feasible.
6. The applicant shall coordinate the landscaping plan for the north planting bed with City staff to
address any concerns regarding snow storage.
Financial Or Budget Considerations
None
Recommended Action
Motion adopt Resolution No. 22-057, Authorizing an Outdoor Service Area Permit to Allow Outdoor
Dining at Schuller’s Tavern.
Supporting Documents
• Memo to the Planning Commission dated May 9, 2022 (6 pages)
• Planning Commission minutes from May 9, 2022 (7 pages)
• Applicant Narrative (1 page)
• Landscape plan dated April 15, 2020 (1 page)
• Resolution No. 22-057, Authorizing an Outdoor Service Area Permit to Allow Outdoor Dining at
Schuller’s Tavern (1 page)
1
Date: May 9, 2022
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Subject: Informal Public Hearing – Outdoor Service Area Permit (OSA‐1) to Allow for
Outdoor Dining at 7345 Country Club Drive
Property address: 734 Country Club Drive Property owner: Ramez Ventures, LLC
Applicant: Paul Jacob Lot size: 1.52 acres
Zoning District: Single‐Family Residential (R‐1) Future land use: Single‐Family Residential
Current use: Restaurant Proposed outdoor use: Dining
Adjacent uses: Golden Valley Country Club (north); single‐family homes (east, south); multifamily
residential, office: (west)
2020 aerial photo (Hennepin County)
2
Summary
Paul Jacob is requesting an outdoor service area (OSA) permit to allow for outdoor dining at 7345
Country Club Drive, the location of Schuller’s Tavern. Due to the zoning district in which the
restaurant is located, an outdoor patio would not be allowed as a permitted use due to
limitations associated with expanding nonconformities. The issuance of an OSA permit would
allow this activity to take place on a temporary basis and with regular opportunities to review
and extend or terminate the permit.
Existing Conditions/Background
Schuller’s Tavern is located south of the Golden Valley Country Club at the intersection of
Country Club Drive and Glenwood Avenue. The property is just over 1.5 acres and consists of the
restaurant, a large parking lot, and a grassy lawn just to the west of the building. It is surrounded
by single‐family homes to the east and south, as well as a multifamily building providing senior
care to the west and other office uses to the northwest. The property is zoned Single‐Family
Residential (R‐1), but contains a commercial use making it nonconforming. State statute, as well
as City Code, do not allow for the expansion of a nonconforming use, making the desire to install
an outdoor patio for dining infeasible.
In response to a denial by the City Council of a request to rezone the property to Commercial in
recent years, Mr. Jacobs asked the City to explore other tools which could allow him to install a
patio. At a Council Work Session late in 2021, staff discussed with the City Council the idea of
allowing outdoor dining and/or retail at locations throughout the city on a temporary basis with a
newly created outdoor service area permit. The Council supported the idea and staff
subsequently worked with the Planning Commission to draft zoning text that outlined the
requirements for reviewing and obtaining such a permit. The City Council approved this language
in March of 2022.
Proposed Use
The applicant proposes to install landscaping, pavers, and other site features to the lawn
immediately west of the existing building in order to create a space in which outdoor dining could
take place. Many of the elements on the submitted plan would be permitted by‐right in a single‐
family residential zoning district, while others would need to be allowed as part of the approved
permit. In order to remain consistent with the temporary nature of the permit, the additional site
features would need to be able to be removed should the permit not be renewed at a future
date. Staff have worked with the City’s Building Official as well as Engineering and Public Works
staff to review the plans and provide feedback.
As shown, the patio – constructed with pavers – would be roughly 1,200 square feet and would
need to incorporate a raised area, to make the patio accessible when exiting the building, and a
lower area for seating. It is estimated the patio would have a capacity of approximately 50
people. A berm would be added to the south and planted with trees and other vegetation in
order to help shield the nearby single‐family properties from visual impacts as well as noise. A
four‐foot fence is proposed to be installed to provide an additional buffer. Due to the location in
a front yard, the fence would be limited to four feet by code. As a condition of approval, the OSA
3
permit could allow additional height – the applicant is requesting a total height of six feet. Per
staff’s direction, any portion above four feet would need to be able to be removed should the
permit be terminated in the future.
Access to the patio would also be provided from the sidewalk along the north side of the
property, facing the golf course. An ADA compliant ramp is being proposed as a primary
entrance/exit with a secondary exit shown as required by code. The applicant proposes to install
a pergola over a portion of the patio, which would contain tables and chairs. A fire pit is also
being considered as a potential amenity. Finally, a small detached server station would be
constructed near the building entrance which could also be easily removed.
Patio hours would end at 10 pm, at which time any outdoor lighting would also be extinguished.
The applicant is requesting the option to allow live music to be performed. While the permit is
being requested for a full year, it is unlikely the patio would be utilized in the winter (though early
spring and late fall use could be extended through the use of portable heaters).
Zoning Analysis
In reviewing the proposed patio, staff examined both the elements that would normally be allowed
in a single‐family zoning district, as well as any additional features that would be called out
specifically under the OSA permit.
Patio
Under the usual regulations of the R‐1 zoning district, up to 50 percent of a lot may covered with
impervious surfaces when. Currently, the Schuller’s lot contains a large paved surface parking lot
which appear to put it over this amount (and creating a nonconformity with respect to this
regulation). While the pavers associated with the patio would technically be temporary in nature,
staff acknowledges that they could remain in place for a lengthy period of time. To address this,
staff will recommend that as part of the grading proposed to create a berm, a rain garden be added
to help contain and address stormwater runoff.
Fencing
Fences in front yards of single‐family properties may be constructed up to four feet in height. The
applicant proposes have the portion of the fencing that would buffer the patio use from the
adjacent single‐family neighborhood be extended to six feet in height. Staff will require that this
additional fence height be constructed through an extension that could be removed should the
permit be terminated or not renewed at some point in the future.
Pergola
As a garden structure, as defined in the zoning code, the proposed pergola would be allowed by‐
right if it were no taller than 10 feet and set back at least five feet from any property line. No
additional conditions would need to be created around this site feature.
4
Landscaping
Other landscaping – including perennials, shrubs, and trees – would be allowed by‐right. The only
area of attention is the proposed planting bed adjacent to the sidewalk along the north property
line. Public Works staff has some concerns regarding potential damage to perennials or grasses
from winter snow storage. Staff will require that the applicant or landscaper work with the City to
design a planting plan that is satisfactory to all parties.
Evaluation
The findings and recommendations for an OSA permit are based upon any or all of the following
factors (which need not be weighed equally):
Factor Finding
1. Consistency with the Comprehensive Plan Standard met. The proposed use is consistent
with objectives in the Land Use Chapter of the
2040 Comp Plan, which include “Providing
contemporary and flexible regulations that
allow for new concepts in retail and service”
and “Supporting non‐residential growth
opportunities while respecting adjacent
properties.”
2. Effect upon Property Values Standard met. The proposed use is not
anticipated to affect property values in a
substantial way. If anything, the site amenities,
including landscaping, would improve the
appearance of the property and help create
value in the area.
3. Effect on Traffic Flow and Congestion Standard conditionally met. Traffic flows are
expected to be typical for a commercial
(restaurant) use, with minimal increases
anticipated. A majority of the trips would
utilize Country Club Drive which would not
impact adjacent single‐family properties. The
site is well‐positioned to be accessed via
bicycle and on foot. Staff recommends
incorporating a bike rack into the site plan.
4. Increase in Noise Levels Standard conditionally met. The proposed use
is not anticipated to generate excessive noise.
A berm with landscaping and a fence with
extended height is intended to buffer adjacent
single‐family homes from any noises
associated with the patio. Staff will require
5
Factor Finding
that the additional fence height be constructed
in a way that make it removable, and that no
amplifier be used in associated with any live
music performed on the patio.
5. Generation of Odors, Dust, Smoke, Gas, or
Vibration
Standard met. The proposed use is not
anticipated to generate excessive odors, dust,
smoke, gas, or vibrations.
6. Any Increase in Pests or Vermin Standard met. The proposed use is not
anticipated to attract pests.
7. Visual Appearance Standard met. The proposed improvements to
what is otherwise an open lawn would
enhance the appearance of the site.
8. Other Effects upon the General Public
Health, Safety, and Welfare
Standard conditionally met. In order to help
address additional stormwater runoff that
would be generated by the new paved patio,
staff recommends the inclusion of a rain
garden on the west lawn. In addition, to avoid
issues related to snow storage along the public
sidewalk, the design of the planting bed must
be coordinated with City staff.
The plans for the proposed patio have been reviewed by the City’s Building Official, as well as
Engineering and Public Works staff. While supportive of the outdoor dining use, specific
conditions related to stormwater management and snow storage have been recommended
below. The installation of the patio will trigger the need for application to the Metropolitan
Council for new Sewer Availability Charge units, which will also be used to calculate City Sewer
Access Charges (SAC) and Water Access Charges (WAC).
Recommended Action
Based on the findings above, staff recommends approval of Outdoor Service Area Permit 1,
allowing for outdoor dining at 7345 Country Club Drive, subject to the following conditions:
1. The initial term for the outdoor service area permit shall be for one year from issuance, at
which time application must be made for an extension or else the use shall be discontinued.
2. A bicycle rack able to accommodate at least eight bicycles shall be installed and made
available to the public.
6
3. In exchange for a fence height of two feet over the allowed four feet within a portion of the
front yard, the applicant must construct the fence in a manner which allows the additional
section to be removed if the outdoor service area permit is terminated or not renewed.
4. No amplifier or outdoor speaker system may be used in association with the patio or any live
music performance.
5. Use of the patio must conclude by 10 pm, at which time all patio lighting must be
extinguished.
6. The applicant shall work with City staff to design a rain garden on‐site to address stormwater
runoff, and shall proceed with installation if feasible.
7. The applicant shall coordinate the landscaping plan for the north planting bed with City staff
to address any concerns regarding snow storage.
Attachments
Applicant Narrative (1 page)
Landscape plan dated April 15, 2020 (1 page)
REGULAR MEETING MINUTES
This meeting was conducted in a hybrid format with in‐person and remote options for attending,
participating, and commenting. The City used Webex to conduct this meeting and members of the
public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it
on CCXmedia.org, or by dialing in to the public call‐in line.
1. Call to Order
The meeting was called to order at 6:30 pm by Chair Pockl.
Roll Call
Commissioners in‐person: Ellen Brenna, Adam Brookins, Andy Johnson, Lauren Pockl, Chuck
Segelbaum
Commissioner remote: Mike Ruby
Commissioner absent: Sophia Ginis
Staff present: Jason Zimmerman – Planning Manager, Myles Campbell – Planner
Council Liaison present: Denise La Mere‐Anderson
2. Approval of Agenda
Chair Pockl asked for a motion to approve the agenda.
MOTION made by Commissioner Brookins, seconded by Commissioner Johnson, to approve the
agenda of May 9, 2022.
Motion carried.
3. Approval of Minutes
Commissioner Brookins noted comments on the survey and there was a comment on adding a
density question and would like to have that added to the minutes.
Chair Pockl asked for a motion to approve the minutes from April 25, 2022, pending edits.
MOTION made by Commissioner Brookins, seconded by Commissioner Segelbaum to approve.
Motion carried with Commissioner Brenna abstaining.
4. Informal Public Hearing – Preliminary Plan for Minor Subdivision of 7324 Harold Avenue South
Applicant: CityLine Homes
Myles Campbell, Planner, started the presentation by stating this subdivision would include
demolishing the home that lays across two lots and the two lots would maintain their current R‐2
Zoning. He reminded the group the subdivision request originally appeared before the Planning
Commission in December 2020 and was approved. Due to the pandemic, the plat recording never
made it through the county and the approvals from Planning Commission and City Council have
May 9, 2022 – 6:30 pm
Hybrid
Council Chambers, City Hall
City of Golden Valley Planning Commission Regular Meeting
May 9, 2022 – 6:30 pm
2
lapsed. Campbell went on to describe the lot, it’s location in the city, and to describe the existing
utilities. The minimum standards for a lot division in R‐2 were reviewed, dimension requirements
have been met for both lots but only to accommodate single family lots, not duplexes.
Engineering staff requested a hydrologic analysis and that showed a low spot int eh rear of the lots
where water may collect in the case of a major 100‐year storm event. Installation of a new public
storm pipe will be required on lot 1 and the pipe would be part of the City’s public storm sewer
system. Installation and cost will be the responsibility of the developer and the City will select the
contractor to ensure requirements are met.
Staff reviewed other requirements: I&I, tree survey, park dedication fee.
Met Council had no comments.
Recommendation
Staff recommends approval of the proposed minor subdivision subject to the following conditions:
1. Applicant shall provide securities for the new 12‐inch storm sewer pipe and needed easements.
2. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat.
3. A park dedication fee of $4,440 shall be paid before release of the Final Plat.
Staff and Commissioners discussed the building envelope, easements, and the hydrologic analysis.
Commissioners and staff reviewed the tree survey process, legacy trees, and the final review during
building permitting where the city forester goes to the property and confirms the analysis and
proposed removal/replacement.
Chair Pockl invited the applicant to speak.
Eugene Borodin, applicant, stated staff’s review was complete and the drainage pipe will be a
tremendous improvement to the property.
Commissioner Segelbaum asked if the pipe placement was satisfactory to the applicant. The
applicant responded that they worked closely with City Engineering Staff and are pleased with the
pipe location. Segelbaum followed up by asking if both houses will be built simultaneously or what
the proposed timeframe is. The applicant doesn’t have a timeline at the time of this meeting, start
time is based on the completion of the pipe installation.
Chair Pockl opened the public comments at 7:06pm
Larry Kueny
7303 Ridgeway Rd
When this project was proposed, most of the neighborhood was in support of it because the home
needs to be removed. Nothing has happened to the house or lot in 18months and the City had to
mow the weeds because no one is caring for the yard. I support the plans but care for the lot in the
interim needs to happen.
City of Golden Valley Planning Commission Regular Meeting
May 9, 2022 – 6:30 pm
3
There were no callers.
Chair Pockl closed the public comments at 7:10pm.
Chair Pockl noted the applicant said it would take about 6 months to build the houses once permits
are in place and asked how long it would be for the pipe to be complete and permits to be issued.
Staff reviewed the process and Engineering is aiming to have the pipe complete by summer 2022 and
suspects the demolition will occur the summer of 2022 as well. Council will review these plans and
recommendation on June 7th.
Chair Pockl asked staff how property owners are held accountable for yard maintenance, especially
in a situation where someone isn’t living in the home. Staff responded with the general process
however the timeframe may not be helpful so it may be better to address it with the developer. The
applicant responded the lot is heavily wooded and they have not been able to find a company willing
to maintain the yard in the interim. Segelbaum responded that it doesn’t need to be perfect but as
the lot owner, they are responsible for maintenance.
Chair Pockl reminded the applicant is a residential property owner in the Golden Valley and are
beholden to City Ordinances regarding lawn care. The applicant responded in the affirmative.
Chair Pockl stated there didn’t seem to be a concern regarding the minor subdivision, the regulations
are being met, and she doesn’t have concern with staff recommendation. Commissioner Johnson
responded in the same, adding the clarity provided was helpful.
Commissioner Segelbaum would like it noted that Council address yard maintenance with the
applicant in the time before demolition occurs.
MOTION made by Commissioner Johnson and seconded by Commissioner Brookins to recommend
approval of staff recommendation, with conditions listed, adding the lawn care comment from
Commissioner Segelbaum.
Staff took a roll call vote.
Motion carried
5. Informal Public Hearing – Outdoor Service Area Permit (OSA‐1) to Allow for Outdoor Dining at 7345
Country Club Drive
Applicant: Paul Jacob
Jason Zimmerman, Planning Manager, reminded the group that this Outdoor Service Area permit is
to allow for outdoor dining at 7345 Country Club Drive. This is generally allowed only as a restricted
temporary use, which involves a public process with review by Planning Commission and City Council.
Staff reviewed the location, Schullers as an establishment, and added the area and lot are zoned
Single‐Family Residential – noting the irregularity being that the building is commercial. He also
City of Golden Valley Planning Commission Regular Meeting
May 9, 2022 – 6:30 pm
4
reviewed the history of the applicant’s attempt to rezone the property and Council’s support of an
OSA permit.
Staff reviewed the proposed use by the applicant: landscaping, pavers, and other site features. Some
elements would otherwise be allowed by right in a single‐family district and others would only be
allowed with the OSA permit.
Proposed Use
1,200 square feet of patio, including a raised area to create accessible access from the building
Capacity to seat approximately 50 people
Landscaped berm would be created to the south to help provide a buffer – would include a 6‐
foot fence
New connections from the patio to the public sidewalk to the north
Other elements: pergola, fire pit, server station
Requested 10 pm closure of patio and use of live music
Zoning Analysis
Patio
Lot already over the usual 50% impervious coverage allowed in the R‐1 zoning district
In order to offset new impervious area, staff recommends the construction of a rain garden to
capture water runoff
Fencing
Four‐foot fence would be allowed by‐right; six foot fence is proposed
Staff will require the top two feet be removable should the permit not be renewed in the future
Pergola
As long as setbacks are being met, structure would otherwise be allowed by‐right
Would require inspections for footings
Landscaping
Addition of perennials, shrubs, and trees would be allowed by‐right
Staff will require the applicant work with the City to design a plan for the north planting bed
that does not impact snow storage
Evaluation
With approval of an OSA permit for the first time, a review for a potential extension is required after
one year. Following that, the City Council may extend the permit term to two years
Recommendation
Staff recommends approval of Outdoor Service Area Permit 1, allowing for outdoor dining at 7345
Country Club Drive, subject to the following conditions:
1. The initial term shall be for one year.
City of Golden Valley Planning Commission Regular Meeting
May 9, 2022 – 6:30 pm
5
2. A public bicycle rack able to accommodate eight bicycles shall be installed.
3. The fence must be constructed in such a way that any portion over four feet could be
removed.
4. No amplifier or speaker may be used on the patio.
5. Use must conclude by 10 pm and lighting be extinguished.
6. A rain garden shall be design to address stormwater runoff.
7. Design of the north planting bed shall address snow storage.
Commissioner Brenna asked about the proposed location for a rain garden, staff reviewed location
determined by engineering staff however they don’t have a full analysis of soil and water flow yet.
Chair Pockl invited the applicant to speak.
Paul Jacob, Applicant, stated that it’s rare the parking lot is full but if there is street parking it’s due
to convenience. The patio goal is to increase patronage in the summer as they lose 30‐40% without a
summer patio. From a business perspective, consistent patronage is helpful for Schullers and for staff
who depend on that patronage. The applicant added they are members of the community and want
to be a good neighbor, so while the patio is helpful for them, they are sensitive to creating
accommodations to minimize neighborhood disruptions.
Commissioner Segelbaum asked about specific plans for music, lights, general noise and associated
mitigation plans. The applicant went in detail on the desire to protect the neighborhood from noise
and light amplification and the hard line on closing the patio at 10pm.
Commissioner Johnson asked what will be dismantled in the winter. The applicant stated most things
will be stored but the patio will be closed in the off season.
Staff clarified what “temporary” means in this regard, the applicant is allowed to keep permanent
structures and the temporary aspect means the permit will be reviewed annually.
Chair Pockl opened the public comments at 7:58pm
Peter Pluwak
510 Kelly Drive
My concern is the increase in traffic and decrease in safety ‐ there is a group home nearby and folks
walk up and down Kelly Drive, there isn’t a sidewalk. I am also concerned with outdoor music and
how the sound will carry.
Greg Wanzek
4755 Marie Lane E
We are frequent customers of Schullers and being able to sit on a patio will increase our attendance
in the summer. I think the patio and landscaping will be an excellent addition to the lot and I’ve been
waiting for a Schullers patio for a long time.
City of Golden Valley Planning Commission Regular Meeting
May 9, 2022 – 6:30 pm
6
Matt Angleson
2401 Dresden Lane
I’m a Schullers patron and friends of the family. I know when they undertake a mission like this, the
community interest is close to heart. I know they’re trying to find an equitable solution for the
community and the business. I echo the previous caller on my excitement for a patio at Schullers.
Sean Abernathy
210 Kentucky
I’m in full support of this plan, I think it will be a benefit to the community. I reviewed the plan and
staff comments and it seems very reasonable.
Chair Pockl closed the public comments at 8:08pm.
Chair Pockl asked staff to comment on the traffic concern.
Staff responded that there doesn’t seem to be additional traffic but rather the same amount as that
in the winter. However, it’s assumed that traffic will be on Country Club and not Glenwood. Staff can
certainly encourage patrons to use the parking lot and adding a bike rack may increase non vehicle
commuting.
Commissioner Segelbaum asked why staff encouraged a 6‐ft fence when the applicant wanted an 8‐
ft fence. Staff responded that the zoning requires a 4‐ft and they were afraid an 8‐ft fence would
eliminate the view for the neighbors to the south and so 6‐ft felt like a good compromise. The
applicant has discussed a “break‐away” fence with their contractor so the top 2feet of the fence
could be removed if necessary.
Commissioner Johnson stated he agrees with staff recommendations but struggles with the
aesthesis and the idea of temporary. He added that creating a temporary permit leads to
misunderstanding of creating a temporary vs permanent structures on the patio. Staff responded
that temporary means a set period of time not a temporary structure.
Commissioner Brookins added that the application is well done and isn’t stuck on the temporary
nature of the structures.
Chair Pockl added that the applicant took time to create an aesthetically pleasing plan that will also
benefit the community. Segelbaum echoed these comments and added the they are enhancing an
area for the neighborhood.
MOTION made by Commissioner Brookins and seconded by Commissioner Segelbaum to
recommend approval of staff recommendation, with conditions listed.
Staff took a roll call vote.
Motion carried
City of Golden Valley Planning Commission Regular Meeting
May 9, 2022 – 6:30 pm
7
Chair Pockl ended the televised portion of the meeting at 7:23pm
6. Council Liaison Report
Council Member La Mere‐Anderson provided a recap of the last City Council meeting, including a
handful of recognitions and proclamations as well as a new fee schedule for Outdoor Service Area
permits. She reported that the Council reviewed the Diversity and Equity Committee annual report and
work plan at the last Council Work Session, and also discussed a land acknowledgement statement and
policy. The Commissioners discussed the potential to create term limits for Boards and Commissions
and some of the advantages that may go along with having Planning Commissioners serve for a longer
period of time to create consistencies.
7. Other Business
None.
8. Adjournment
MOTION by Commissioner Segelbaum to adjourn, seconded by Commissioner Johnson and
approved unanimously by roll call vote. Meeting adjourned at 9:10 pm.
________________________________
Andy Johnson, Secretary
________________________________
Amie Kolesar, Planning Assistant
Hi Jason,
Schullers patio is planned to have pavers which will be removable if needed, we will plant new
trees, bushes, rocks and more landscaping that will add a nice visual for our property as well as
help with sound mitigation. Our fence will be 4’ with an added extension on top that can be
removed if need be but also to help with privacy and sound mitigation. We plan on having a
bar/server station to help with quicker service but will also be built to be removed if needed.
We also feel that structure will help with sound staying towards the golf course instead of
neighboring houses. The plans we have in place for this patio should be an appealing add to the
building and to the neighborhood. We want it to be visually welcoming and pleasing to all
guests that might be driving by, walking by, biking by or golfing by! (Our plans may also include
a bike rack)
The patio would be no change affected to value for all houses in and around the neighborhood
after asking a few realtors. We don’t anticipate too much added traffic and congestion in the
summer months. We feel the congestion wont be affected because in summer months our
business is generally down 30% in the summer compared to winter so we plan to just balance
out that number. We don’t hear of any complaints about our winter business traffic so we feel
this should be the same affect when we add this patio. Our first trial of a patio during the covid
expansion of outdoor premises was a success for sound and for the congestion worries. We did
not hear anyone that might have a complaint on either but we did hear a ton of positivity fro m
neighbors and guests with an outdoor seating option!
The only odors we anticipate will be our regular odors as we don’t see any change at any of our
other locations so we don’t think anything will change at Schullers. We will be expanding our
pest control services when the patio is up and running. Pests are not usually an issue at our
other locations as we are confident with our pest control service!
Our lighting is planned to be string lighting across the patio that will be turned off immediately
when we close down the patio (10pm).
As always we will be happy to answer any questions or concerns and we appreciate this
opportunity to have outdoor seating at Schullers!
Thank you,
Paul Jacob
6 - Pine, White Angel FallsPine, White Angel Falls3 - Boulder 152 - Boulder 15Boulder 1737 - Grass, Foerster's Feather Reed4 - Cedar, Blue BallPergola 12x203 - Fence665 - Fence66Emergency Exit10 - Daylily, 'Happy Returns'17 - Daylily, 'Happy Returns'2 - Crabapple, Royal GemHydrangea, Edgy HeartsHydrangea, LimelightPine, Bristlecone, Joe's BessHandrail18" diamond blk retaining wall9" rampServing stationFlower, AnnualAgeratum, Neptune Blue 1Alyssum, Clear Crystal White 1Flower, GrassGrass, Foerster's Feather Reed 46Flower, PerennialDaylily, 'Happy Returns' 44Shrub, DeciduousHydrangea, Chickory Variegated 1Hydrangea, Edgy Hearts 1Shrub, Evergreen Coniferspruce ,blue totem 7Tree, DeciduousCrabapple, Royal Gem 4Maple, autumn blaze 4Tree, Evergreenspruce ,Black hills 5Pine, tannenbaum 7LegendCommon Name Qty10'0"nBycicle parkingScale:4/15/2022Date:Revision #:Steve KlucasSchullers TavernLandscape Plan:Landworks Inc.Landscape Design by:19
RESOLUTION NO. 22-057
RESOLUTION AUTHORIZING AN OUTDOOR SERVICE AREA PERMIT
TO ALLOW OUTDOOR DINING AT SCHULLER’S TAVERN
WHEREAS, Schuller’s Tavern, a long-time dining establishment in Golden Valley,
has applied for an Outdoor Service Area permit to allow for the construction and operation
of a patio at 7345 Country Club Drive; and
WHEREAS, the project would involve landscaping and other site improvements to
enhance the outdoor experience; and
WHEREAS, the City has anticipated potential impacts from the new use and has
drafted conditions of approval that attempt to mitigate inconveniences to the surrounding
neighborhood; and
WHEREAS, the findings and recommendations upon which an Outdoor Service
Area permit is based have been determined to be met.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden
Valley, to authorize an Outdoor Service Area Permit for Schuller’s Tavern at 7345 Country
Club Drive to allow for outdoor dining to take place for a period of one year from the date of
issuance.
Adopted by the City Council this 7th day of June, 2022.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
Golden Valley City Council Meeting
June 7, 2022
Agenda Item
4. C. Preliminary Plan for Minor Subdivision at 7324 Harold Ave N
Prepared By
Myles Campbell, Planner
Summary
CityLine Homes Inc., represented by Eugene Borodin, is proposing to
subdivide the property located at 7324 Harold Avenue into two lots.
There is one existing single-family home at this address which would be
demolished and replaced with two new single-family homes.
A subdivision for this property was previously approved in 2021,
however the plat was never recorded at the County, causing the
approval to lapse.
For more details on the existing site conditions, minor subdivision
eligibility, and city staff review, please refer to the copy of the staff
memo to Planning Commission. This executive summary will focus on
the conditions of approval for the minor subdivision.
City Council Regular Meeting Executive Summary
City of Golden Valley
June 7, 2022
2
Qualification Governing Approval as a Minor Subdivision
According to Section 109-121 of the City’s Subdivision Regulations, the following are the regulations
governing approval of minor subdivisions with staff comments related to this request:
Factor/Finding
1. A minor subdivision shall be denied if the proposed lots do not meet the minimum area
and dimensional requirements for the Zoning District in which they are located, or if vehicular
access is not provided from an abutting improved street.
Standard met. Both of the lots of the proposed subdivision meet the requirements of the R-2
Moderate Density Residential Zoning District, although they would only allow for single family
homes, not duplexes. Vehicle access from Harold is provided without further investment.
2. A minor subdivision may be denied upon the City’s determination that a resulting new lot
is encumbered by steep slopes or excessive wetness.
Standard conditionally met. The City Engineer finds that the lots are buildable. Any concerns
from the hydrology report around low areas of topography are addressed by the added storm
water system being provided by the applicant.
3. A minor subdivision may be denied if sewer and water connections are not directly
accessible by each proposed lot.
Standard met. One additional set of sewer and water connections will be necessary, but
without any new extension of city sewer or water lines. Engineering does not feel the addition
of the new lots will not place an undue strain on City utility systems.
4. Approval shall be conditioned on the granting of easements for necessary public purposes.
Standard conditionally met. Easements being required by the City are shown on the plat
document and include typical easements around property boundaries as well as the oversized
easement between lots.
5. Approval may be conditioned on the requirements of outside public agencies with
jurisdiction on adjacent streets.
Standard met. The Minnesota Department of Transportation was notified, given the lot being
adjacent to Highway 55. A copy of their comments are provided, however they are related
more to construction details rather than remarks on the project.
6. Approval shall be conditioned on the resolution of any title issues raised by the City
Attorney.
Standard conditionally met. The City Attorney will determine if such a title review is necessary
prior to approval of the Final Plat.
City Council Regular Meeting Executive Summary
City of Golden Valley
June 7, 2022
3
7. Minor subdivisions of nonresidential parcels may be denied if new development will cause
undo strain on adjacent roads or on public utilities or will adversely affect adjacent uses.
Standard met. No undue strain is anticipated based on the redevelopment plans provided by
the applicant.
8. Approval shall be conditioned on the payment of a park dedication fee, sewer and water
access charge, and pending or levied deferred assessments.
Standard conditionally met. A park dedication fee of $4,440 (6% of the estimated land value
with 50% credit for one unit) is required for this subdivision. SAC and WAC fees are only
assessed at time of permitting, but would be required for the new housing unit.
9. The conditions spelled out shall provide the only basis for denial of a minor subdivision.
Approval will be granted to any application that meets the established conditions.
Standard met.
Discussion at Planning Commission
The Planning Commission held an informal public hearing on this topic at their May 9, 2021, meeting.
Commissioners were supportive of the proposal overall and recommended approval of the preliminary
plat unanimously. The topic did have one public commenter who noted that the site has not been well
maintained by the current property owner. Commissioners pressed the applicant on whether they could
conduct some basic maintenance. The applicant noted though that after approvals they would begin site
clearing, grading, and demolition, which they felt would address the commenters concerns. Planning
Commission did want this comment noted on the record for Council.
Financial Or Budget Considerations
None.
Recommended Action
Based on the findings above, Staff recommends approval of the proposed minor subdivision subject to the
following conditions:
1. The applicant shall provide securities for the new 12-inch storm sewer pipe and needed easements.
2. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat.
3. A park dedication fee of $4,440 shall be paid before release of the Final Plat.
Supporting Documents
• Memo to Planning Commission dated 5/9/22 (5 Pages)
• Minutes from Planning Commission Meeting 5/9/22 (7 Pages)
• Existing Conditions and Preliminary Plat (2 pages)
• Storm pipe diagram (2 pages)
• Letter from MnDOT (2 pages)
1
Date: May 9, 2022
To: Golden Valley Planning Commission
From: Myles Campbell, Planner
Subject: Informal Public Hearing on Preliminary Plan for Minor Subdivision of 7324 Harold
Avenue South – CityLine Homes Inc., Applicant
Property address: 7324 Harold Ave
Applicant: CityLine Homes
Property owners: CityLine Homes
Zoning District: Moderate Density Residential
(R‐2) Zoning District
Lot size: 40,909 sq. ft. (0.94 acres)
Current use: Single‐family home
Future land use: Moderate Density Residential
Adjacent uses: Single‐family homes, Lion’s
Park
2018 aerial photo (Hennepin County)
2
Summary
CityLine Homes Inc., represented by Eugene Borodin, is
proposing to subdivide the property located at 7324
Harold Avenue into two lots. There is one existing single‐
family home at this address which would be demolished
and replaced with two new single‐family homes.
Existing Conditions
The subject property is zoned R‐2 Moderate Density
Residential and allows for both two‐family and single‐
family dwellings and the area is also guided for
Moderate Density Residential. The lot is currently 40,909
square feet and has a width of 130.28 feet at the front
setback line. It fronts on Harold Avenue to the south and
backs up to Olson Memorial Highway to the north. The
existing lot is hooked up for sewer and water, although a
second service will need to be installed if subdivided. The
City has utilities located underneath Harold Ave, so this
would not require any new routing for sewer/water
service.
Staff Review
R‐2 Lot Requirements
For single‐family dwellings in an R‐2 zoning district, the
minimum lot size is 6,000 square feet and the minimum
width is 50 feet at the front setback line. This width must
be maintained to a depth of 70 feet from the front lot
line. For a two‐family dwelling, the City requires a
minimum lot area of 10,000 square feet and a width at
the front setback line of 100 feet.
The proposed subdivision would create lots of 21,623
square feet and 18,836 square feet and with widths of
70.27 and 60.01 feet respectively. Both lots would
maintain those widths to a depth of 70 feet from the
front lot line. The dimensions of both of the newly
created lots would provide sufficient building envelopes for development of single‐family homes in an
R‐2 district, however due to not meeting the width requirement, neither lot would be viable for a
two‐family dwelling.
Minor Subdivision Eligibility
In the City’s subdivision code there are three conditions laid out for a request to be considered a
minor subdivision action:
3
1. The land to be subdivided or consolidated must be part of a recorded plat or a recorded
registered land survey (RLS)
2. Consolidations may involve any number of parcels, but subdivisions shall be limited to the
creation of four or fewer lots from one or more original parcels
3. The subdivision or consolidation shall not necessitate any additional public investment in new
roads or utilities to serve the lots.
Sec. 109‐119. ‐ Eligibility for Application.
In the case of 7324 Harold, the lot meets all three conditions to be eligible for a minor subdivision
action. The existing lot was part of RLS No. 312, Hennepin County, Minnesota. The subdivision will
create less than four new parcels (2). And since utility services are located along Harold, it will require
no new public investment.
Additional Department Review
As required by the Subdivision Code, a tree inventory was performed in order to document all existing
trees. This inventory will be reviewed by the City Forester and used to calculate any required tree
replacement as the lots are redeveloped.
The existing sanitary sewer line is currently under review for the City’s Inflow and Infiltration
requirements. A deposit agreement and application have already been submitted to the City’s
engineering staff prior to this subdivision action. At the completion of construction, the new sewer
service to both homes would also be inspected to ensure compliance.
During the review of this project in 2020, the engineering department had requested a
hydrologic/hydraulic analysis report for their review prior to the permitting process. This analysis
revealed that to the rear of the properties, topography was sloped such that low spots where water
might collect would form, as a result, a requirement of the final plat approval was the dedication of
an added drainage and utility easement and the construction of an underground storm water pipe to
route water back towards the city’s system underneath Harold Ave. A diagram of this system is
included in the packet, and the oversized utility easement I shown on the plat. While the pipe would
be publicly‐owned, the cost for its installation is being provided by the applicant as a security fee.
The Fire Department has reviewed the application and has no comments or concerns.
Qualification Governing Approval as a Minor Subdivision
According to Section 109‐121 of the City’s Subdivision Regulations, the following are the regulations
governing approval of minor subdivisions with staff comments related to this request:
1. Minor subdivisions shall be denied if the proposed lots do not meet the requirements of the
appropriate zoning district. Both of the lots of the proposed subdivision meet the requirements
of the R‐2 Moderate Density Residential Zoning District, although they would only allow for single
family homes, not duplexes.
4
2. A minor subdivision may be denied if the City Engineer determines that the lots are not
buildable. The City Engineer finds that the lots are buildable. Any concerns from the hydrology
report are addressed by the added storm water system being provided by the applicant.
3. A minor subdivision may be denied if there are no sewer and water connections available or if it
is determined by the City Engineer that an undue strain will be placed on City utility systems by
the addition of the new lots. One additional set of sewer and water connections will be
necessary, but without any new extension of city sewer or water lines. Engineering does not feel
the addition of the new lots will not place an undue strain on City utility systems.
4. Approval of the minor subdivision may require the granting of certain easements to the City.
Easements being required by the City are shown on the plat document, and include our typical
easements around property boundaries as well as the oversized easement between lots.
5. If public agencies other than the City have jurisdiction of the streets adjacent to the minor
subdivision, the agencies will be given the opportunities to comment. The Minnesota
Department of Transportation has been contacted as the site does abut Highway 55. MnDOT has
notified staff that they had no comment on the lot’s subdivision.
6. The City may ask for review of title if required by the City Attorney for dedication of certain
easements. The City Attorney will determine if such a title review is necessary prior to approval of
the Final Plat.
7. The minor subdivision may be subject to park dedication requirements. A park dedication fee of
$4,440 (6% of the estimated land value with 50% credit for one unit) is required for this
subdivision.
8. The conditions spelled out shall provide the only basis for denial of a minor subdivision.
Approval will be granted to any application that meets the established conditions. All conditions
have been met.
Recommended Action
Staff recommends approval of the proposed minor subdivision subject to the following conditions:
1. Applicant shall provide securities for the new 12‐inch storm sewer pipe and needed easements.
2. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat.
3. A park dedication fee of $4,440 shall be paid before release of the Final Plat.
Attachments
Existing Conditions and Preliminary Plat (2 pages)
Tree Inventory (4 pages)
Storm pipe diagram (2 pages)
REGULAR MEETING MINUTES
This meeting was conducted in a hybrid format with in‐person and remote options for attending,
participating, and commenting. The City used Webex to conduct this meeting and members of the
public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it
on CCXmedia.org, or by dialing in to the public call‐in line.
1. Call to Order
The meeting was called to order at 6:30 pm by Chair Pockl.
Roll Call
Commissioners in‐person: Ellen Brenna, Adam Brookins, Andy Johnson, Lauren Pockl, Chuck
Segelbaum
Commissioner remote: Mike Ruby
Commissioner absent: Sophia Ginis
Staff present: Jason Zimmerman – Planning Manager, Myles Campbell – Planner
Council Liaison present: Denise La Mere‐Anderson
2. Approval of Agenda
Chair Pockl asked for a motion to approve the agenda.
MOTION made by Commissioner Brookins, seconded by Commissioner Johnson, to approve the
agenda of May 9, 2022.
Motion carried.
3. Approval of Minutes
Commissioner Brookins noted comments on the survey and there was a comment on adding a
density question and would like to have that added to the minutes.
Chair Pockl asked for a motion to approve the minutes from April 25, 2022, pending edits.
MOTION made by Commissioner Brookins, seconded by Commissioner Segelbaum to approve.
Motion carried with Commissioner Brenna abstaining.
4. Informal Public Hearing – Preliminary Plan for Minor Subdivision of 7324 Harold Avenue South
Applicant: CityLine Homes
Myles Campbell, Planner, started the presentation by stating this subdivision would include
demolishing the home that lays across two lots and the two lots would maintain their current R‐2
Zoning. He reminded the group the subdivision request originally appeared before the Planning
Commission in December 2020 and was approved. Due to the pandemic, the plat recording never
made it through the county and the approvals from Planning Commission and City Council have
May 9, 2022 – 6:30 pm
Hybrid
Council Chambers, City Hall
City of Golden Valley Planning Commission Regular Meeting
May 9, 2022 – 6:30 pm
2
lapsed. Campbell went on to describe the lot, it’s location in the city, and to describe the existing
utilities. The minimum standards for a lot division in R‐2 were reviewed, dimension requirements
have been met for both lots but only to accommodate single family lots, not duplexes.
Engineering staff requested a hydrologic analysis and that showed a low spot int eh rear of the lots
where water may collect in the case of a major 100‐year storm event. Installation of a new public
storm pipe will be required on lot 1 and the pipe would be part of the City’s public storm sewer
system. Installation and cost will be the responsibility of the developer and the City will select the
contractor to ensure requirements are met.
Staff reviewed other requirements: I&I, tree survey, park dedication fee.
Met Council had no comments.
Recommendation
Staff recommends approval of the proposed minor subdivision subject to the following conditions:
1. Applicant shall provide securities for the new 12‐inch storm sewer pipe and needed easements.
2. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat.
3. A park dedication fee of $4,440 shall be paid before release of the Final Plat.
Staff and Commissioners discussed the building envelope, easements, and the hydrologic analysis.
Commissioners and staff reviewed the tree survey process, legacy trees, and the final review during
building permitting where the city forester goes to the property and confirms the analysis and
proposed removal/replacement.
Chair Pockl invited the applicant to speak.
Eugene Borodin, applicant, stated staff’s review was complete and the drainage pipe will be a
tremendous improvement to the property.
Commissioner Segelbaum asked if the pipe placement was satisfactory to the applicant. The
applicant responded that they worked closely with City Engineering Staff and are pleased with the
pipe location. Segelbaum followed up by asking if both houses will be built simultaneously or what
the proposed timeframe is. The applicant doesn’t have a timeline at the time of this meeting, start
time is based on the completion of the pipe installation.
Chair Pockl opened the public comments at 7:06pm
Larry Kueny
7303 Ridgeway Rd
When this project was proposed, most of the neighborhood was in support of it because the home
needs to be removed. Nothing has happened to the house or lot in 18months and the City had to
mow the weeds because no one is caring for the yard. I support the plans but care for the lot in the
interim needs to happen.
City of Golden Valley Planning Commission Regular Meeting
May 9, 2022 – 6:30 pm
3
There were no callers.
Chair Pockl closed the public comments at 7:10pm.
Chair Pockl noted the applicant said it would take about 6 months to build the houses once permits
are in place and asked how long it would be for the pipe to be complete and permits to be issued.
Staff reviewed the process and Engineering is aiming to have the pipe complete by summer 2022 and
suspects the demolition will occur the summer of 2022 as well. Council will review these plans and
recommendation on June 7th.
Chair Pockl asked staff how property owners are held accountable for yard maintenance, especially
in a situation where someone isn’t living in the home. Staff responded with the general process
however the timeframe may not be helpful so it may be better to address it with the developer. The
applicant responded the lot is heavily wooded and they have not been able to find a company willing
to maintain the yard in the interim. Segelbaum responded that it doesn’t need to be perfect but as
the lot owner, they are responsible for maintenance.
Chair Pockl reminded the applicant is a residential property owner in the Golden Valley and are
beholden to City Ordinances regarding lawn care. The applicant responded in the affirmative.
Chair Pockl stated there didn’t seem to be a concern regarding the minor subdivision, the regulations
are being met, and she doesn’t have concern with staff recommendation. Commissioner Johnson
responded in the same, adding the clarity provided was helpful.
Commissioner Segelbaum would like it noted that Council address yard maintenance with the
applicant in the time before demolition occurs.
MOTION made by Commissioner Johnson and seconded by Commissioner Brookins to recommend
approval of staff recommendation, with conditions listed, adding the lawn care comment from
Commissioner Segelbaum.
Staff took a roll call vote.
Motion carried
5. Informal Public Hearing – Outdoor Service Area Permit (OSA‐1) to Allow for Outdoor Dining at 7345
Country Club Drive
Applicant: Paul Jacob
Jason Zimmerman, Planning Manager, reminded the group that this Outdoor Service Area permit is
to allow for outdoor dining at 7345 Country Club Drive. This is generally allowed only as a restricted
temporary use, which involves a public process with review by Planning Commission and City Council.
Staff reviewed the location, Schullers as an establishment, and added the area and lot are zoned
Single‐Family Residential – noting the irregularity being that the building is commercial. He also
City of Golden Valley Planning Commission Regular Meeting
May 9, 2022 – 6:30 pm
4
reviewed the history of the applicant’s attempt to rezone the property and Council’s support of an
OSA permit.
Staff reviewed the proposed use by the applicant: landscaping, pavers, and other site features. Some
elements would otherwise be allowed by right in a single‐family district and others would only be
allowed with the OSA permit.
Proposed Use
1,200 square feet of patio, including a raised area to create accessible access from the building
Capacity to seat approximately 50 people
Landscaped berm would be created to the south to help provide a buffer – would include a 6‐
foot fence
New connections from the patio to the public sidewalk to the north
Other elements: pergola, fire pit, server station
Requested 10 pm closure of patio and use of live music
Zoning Analysis
Patio
Lot already over the usual 50% impervious coverage allowed in the R‐1 zoning district
In order to offset new impervious area, staff recommends the construction of a rain garden to
capture water runoff
Fencing
Four‐foot fence would be allowed by‐right; six foot fence is proposed
Staff will require the top two feet be removable should the permit not be renewed in the future
Pergola
As long as setbacks are being met, structure would otherwise be allowed by‐right
Would require inspections for footings
Landscaping
Addition of perennials, shrubs, and trees would be allowed by‐right
Staff will require the applicant work with the City to design a plan for the north planting bed
that does not impact snow storage
Evaluation
With approval of an OSA permit for the first time, a review for a potential extension is required after
one year. Following that, the City Council may extend the permit term to two years
Recommendation
Staff recommends approval of Outdoor Service Area Permit 1, allowing for outdoor dining at 7345
Country Club Drive, subject to the following conditions:
1. The initial term shall be for one year.
City of Golden Valley Planning Commission Regular Meeting
May 9, 2022 – 6:30 pm
5
2. A public bicycle rack able to accommodate eight bicycles shall be installed.
3. The fence must be constructed in such a way that any portion over four feet could be
removed.
4. No amplifier or speaker may be used on the patio.
5. Use must conclude by 10 pm and lighting be extinguished.
6. A rain garden shall be design to address stormwater runoff.
7. Design of the north planting bed shall address snow storage.
Commissioner Brenna asked about the proposed location for a rain garden, staff reviewed location
determined by engineering staff however they don’t have a full analysis of soil and water flow yet.
Chair Pockl invited the applicant to speak.
Paul Jacob, Applicant, stated that it’s rare the parking lot is full but if there is street parking it’s due
to convenience. The patio goal is to increase patronage in the summer as they lose 30‐40% without a
summer patio. From a business perspective, consistent patronage is helpful for Schullers and for staff
who depend on that patronage. The applicant added they are members of the community and want
to be a good neighbor, so while the patio is helpful for them, they are sensitive to creating
accommodations to minimize neighborhood disruptions.
Commissioner Segelbaum asked about specific plans for music, lights, general noise and associated
mitigation plans. The applicant went in detail on the desire to protect the neighborhood from noise
and light amplification and the hard line on closing the patio at 10pm.
Commissioner Johnson asked what will be dismantled in the winter. The applicant stated most things
will be stored but the patio will be closed in the off season.
Staff clarified what “temporary” means in this regard, the applicant is allowed to keep permanent
structures and the temporary aspect means the permit will be reviewed annually.
Chair Pockl opened the public comments at 7:58pm
Peter Pluwak
510 Kelly Drive
My concern is the increase in traffic and decrease in safety ‐ there is a group home nearby and folks
walk up and down Kelly Drive, there isn’t a sidewalk. I am also concerned with outdoor music and
how the sound will carry.
Greg Wanzek
4755 Marie Lane E
We are frequent customers of Schullers and being able to sit on a patio will increase our attendance
in the summer. I think the patio and landscaping will be an excellent addition to the lot and I’ve been
waiting for a Schullers patio for a long time.
City of Golden Valley Planning Commission Regular Meeting
May 9, 2022 – 6:30 pm
6
Matt Angleson
2401 Dresden Lane
I’m a Schullers patron and friends of the family. I know when they undertake a mission like this, the
community interest is close to heart. I know they’re trying to find an equitable solution for the
community and the business. I echo the previous caller on my excitement for a patio at Schullers.
Sean Abernathy
210 Kentucky
I’m in full support of this plan, I think it will be a benefit to the community. I reviewed the plan and
staff comments and it seems very reasonable.
Chair Pockl closed the public comments at 8:08pm.
Chair Pockl asked staff to comment on the traffic concern.
Staff responded that there doesn’t seem to be additional traffic but rather the same amount as that
in the winter. However, it’s assumed that traffic will be on Country Club and not Glenwood. Staff can
certainly encourage patrons to use the parking lot and adding a bike rack may increase non vehicle
commuting.
Commissioner Segelbaum asked why staff encouraged a 6‐ft fence when the applicant wanted an 8‐
ft fence. Staff responded that the zoning requires a 4‐ft and they were afraid an 8‐ft fence would
eliminate the view for the neighbors to the south and so 6‐ft felt like a good compromise. The
applicant has discussed a “break‐away” fence with their contractor so the top 2feet of the fence
could be removed if necessary.
Commissioner Johnson stated he agrees with staff recommendations but struggles with the
aesthesis and the idea of temporary. He added that creating a temporary permit leads to
misunderstanding of creating a temporary vs permanent structures on the patio. Staff responded
that temporary means a set period of time not a temporary structure.
Commissioner Brookins added that the application is well done and isn’t stuck on the temporary
nature of the structures.
Chair Pockl added that the applicant took time to create an aesthetically pleasing plan that will also
benefit the community. Segelbaum echoed these comments and added the they are enhancing an
area for the neighborhood.
MOTION made by Commissioner Brookins and seconded by Commissioner Segelbaum to
recommend approval of staff recommendation, with conditions listed.
Staff took a roll call vote.
Motion carried
City of Golden Valley Planning Commission Regular Meeting
May 9, 2022 – 6:30 pm
7
Chair Pockl ended the televised portion of the meeting at 7:23pm
6. Council Liaison Report
Council Member La Mere‐Anderson provided a recap of the last City Council meeting, including a
handful of recognitions and proclamations as well as a new fee schedule for Outdoor Service Area
permits. She reported that the Council reviewed the Diversity and Equity Committee annual report and
work plan at the last Council Work Session, and also discussed a land acknowledgement statement and
policy. The Commissioners discussed the potential to create term limits for Boards and Commissions
and some of the advantages that may go along with having Planning Commissioners serve for a longer
period of time to create consistencies.
7. Other Business
None.
8. Adjournment
MOTION by Commissioner Segelbaum to adjourn, seconded by Commissioner Johnson and
approved unanimously by roll call vote. Meeting adjourned at 9:10 pm.
________________________________
Andy Johnson, Secretary
________________________________
Amie Kolesar, Planning Assistant
60" Reinforced Concrete Pipe162' - 12" Re info r ce d Co ncrete Pip e @ 0.50%
FES01
INV: 888.00
PROPOSED MANHOLE
RIM: 893.98
INV IN:887.19 12" N
INV OUT:882.50 12" S
17' - 12" DIP @ 10.94%
EOF DISCHARGE PIPE PROFILE
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BENCHMARK
SEE SURVEY
DOCUMENTATION
PROPERTY LINE
EASEMENT
PROP. STORM SEWER
EXISTING CONTOUR
PROPOSED CONTOUR
LEGEND:
PROPOSED 20' D&U EASEMENT
PROPERTY LINE
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0 10 20
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INSTALL NEW
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D&U EASEMENT
AT 100-YEAR HWL
(EL 888.3)
20'
KEBDESIGNED:
LIC. NO.:
DATE:
KENT E. BRANDER
DRAWN:
CHECKED:
KEB
DMP44578
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED
BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED
PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
09-23-2021
CIVIL METHODS, INC.
P.O. Box 28038
St. Paul, MN 55128
o:763.210.5713 | www.civilmethods.com
DATE / REVISION:OWNER:TITLE:SHEET NO:
GOLDEN VALLEY, MN
7324 HAROLD AVE
06-07-2021 DRAFT PLAN AND PROFILE FOR DISCUSSION
9/23/2021 2:40 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\0639_7324 Harold Ave SWM\08_DRAWINGS AND SPECIFICATIONS\C3D\XrefBase\0639_SWPPP.dwg09-23-2021 REVISED PER CITY COMMENTS
CORE DRILL INTO
EXISTING STORM
SEWER
CORE DRILL
INTO EXISTING
60" RCP STORM
12" DIP
C01
KEBDESIGNED:
LIC. NO.:
DATE:
KENT E. BRANDER
DRAWN:
CHECKED:
KEB
DMP44578
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED
BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED
PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
09-23-2021
CIVIL METHODS, INC.
P.O. Box 28038
St. Paul, MN 55128
o:763.210.5713 | www.civilmethods.com
DATE / REVISION:OWNER:TITLE:SHEET NO:
GOLDEN VALLEY, MN
7324 HAROLD AVE
06-07-2021 DRAFT PLAN AND PROFILE FOR DISCUSSION
9/23/2021 2:40 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\0639_7324 Harold Ave SWM\08_DRAWINGS AND SPECIFICATIONS\C3D\XrefBase\0639_SWPPP.dwg09-23-2021 REVISED PER CITY COMMENTS C02
STORM SEWER MANHOLE (CITY OF GOLDEN VALLEY)1 CORE DRILL DETAIL (CITY OF GOLDEN VALLEY)1
Metropolitan District
1500 County Road B-2 West
Roseville, MN 55113
Page 1 of 2
May 24, 2022
Myles Campbell
Golden Valley Planning Dept
7800 Golden Valley Road
Golden Valley, Minnesota 55427
SUBJECT: 7324 Harold Avenue Subdivision
MnDOT Review P22-031
SW Quad MN 55 & Glenwood Avenue
Control Section: 2723
Golden Valley, Hennepin County
Dear Myles Campbell,
The Minnesota Department of Transportation (MnDOT) has reviewed the plat for the 7324 Harold
Avenue Subdivision in compliance with Minnesota Statute 505.03, subdivision 2, Plats. Before any
further development, please address the following.
Noise:
MnDOT's policy is to assist local governments in promoting compatibility between land use and
highways. Residential uses located adjacent to highways often result in complaints about traffic noise.
Traffic noise from this highway could exceed noise standards established by the Minnesota Pollution
Control Agency (MPCA), the U.S. Department of Housing and Urban Development, and the U.S.
Department of Transportation. Minnesota Rule 7030.0030 states that municipalities having the authority
to regulate land use shall take all reasonable measures to prevent the establishment of land use activities,
listed in the MPCA's Noise Area Classification (NAC), anywhere that the establishment of the land use
would result in immediate violations of established State noise standards.
MnDOT policy regarding development adjacent to existing highways prohibits the expenditure of
highway funds for noise mitigation measures in such developed areas. The project proposer is required
to assess the existing noise situation and take the action deemed necessary to minimize the impact to the
proposed development from any highway noise.
If you have any questions regarding MnDOT's noise policy, please contact Natalie Ries in Metro
District’s Noise and Air Quality Unit at Natalie.Ries@state.mn.us or 651-234-7681.
Permits:
Any use of, or work within or affecting, MnDOT right of way will require a permit. Permits can be
applied for at this site: https://olpa.dot.state.mn.us/OLPA/. Please upload a copy of this letter when
applying for any permits.
If you have any questions regarding MnDOT's permit requirements, please contact Buck Craig in Metro
District’s Permits Section at BuckCraig@dot.state.mn or 651-234-7911.
Page 2 of 2
Review Submittal Options
MnDOT’s goal is to complete reviews within 30 calendar days. Review materials received electronically
can be processed more rapidly. Do not submit files via a cloud service or SharePoint link. In order of
preference, review materials may be submitted as:
1. Email documents and plans in PDF format to metrodevreviews.dot@state.mn.us. Attachments
may not exceed 20 megabytes per email. Documents can be zipped as well. If multiple emails are
necessary, number each message.
2. For files over 20 megabytes, upload the PDF file(s) to MnDOT’s Web Transfer Client site:
https://mft.dot.state.mn.us. Contact MnDOT Planning development review staff using the same
email above for uploading instructions, and send an email listing the file name(s) after the
document(s) has/have been uploaded.
You are welcome to contact me at 651-234-7785, or Jake.Schutt@state.mn.us with any questions.
Sincerely,
Jake Schutt
Principal Planner
Copy sent via email:
Ashley Hansen, Traffic
Brandi Kastner, Traffic
Aaron Tag, Area Engineer
Doug Nelson, Right of Way
Brandon Nelson, Surveys
Mike Samuelson, Ped/Bike Planning
Mackenzie Turner Barger, Multimodal Planning
Jesse Thornsen, Ped/Bike Planning
Tod Sherman, Planning
Cameron Muhic, Planning
David Elvin, Planning
David Kratz, Planning
Russell Owen, Metropolitan Council
Jason Swenson, Water Resources
Buck Craig, Permits
Lance Schowalter, Design
Golden Valley City Council Meeting
June 7, 2022
Agenda Item
4. D. Zoning Code Text Amendment – Expanding Allowed Temporary Mobile Uses, Ordinance No. 739
Prepared By
Myles Campbell, Planner
Summary
Currently, Golden Valley zoning code allows for mobile food vendors on a temporary basis and with
varying restrictions by zoning district. This was added to code in 2015 in response to growing interest
in allowing food trucks to operate on both a short-term and seasonal basis. The code has been
amended in minor fashion since adoption but has still been limited to food vendors.
Partly at the request of the Parks department, and in part due to seeing new and emerging mobile
uses, staff this spring brought forward for discussion with Planning Commission the topic of further
amending the City’s Mobile Uses ordinance to allow for a broader range of vendors and services. At
their April 25 meeting, the Planning Commission recommended unanimously a revised set of code
language.
Parks Department Considerations
The topic of introducing more allowed mobile uses to code was initially raised by members of the City’s
Parks and Recreation staff. They experienced a great deal of success in allowing food truck vendors at
events in parks and wanted to potentially open up the opportunity for other businesses. The two main
considerations for any changes to the ordinance were:
Continuing to limit mobile permits to 1-3 days in parks.
o This is enough time for a vendor to be at a private or public event without allowing
them to set up in a particular park or location for an entire season.
Desire to see a full flexibility of allowed uses, but with the caveat that uses should fit the theme
of the event in question (dog grooming at a dog park or pet event, art at the arts festival, etc.)
o This is slightly harder to account for in zoning code, however the existing mobile use
regulations require permission from the property owner, which in the case of parks
would be the City.
City Council Regular Meeting Executive Summary
City of Golden Valley
June 7, 2022
2
Ordinance Revisions
Attached with this memo are the ordinance with the revised language as well as a copy of the existing
mobile use zoning language with red lines shown to denote changes being made.
These changes are centered around the addition of two new categories of mobile uses to the zoning
code regarding temporary uses. Mobile Assistive Services is intended to include any sort of medical,
educational, or other services such as legal aid; Mobile Retail/Service Vendors would include
commercial uses beyond food vendors, and refers to those uses allowed in the commercial zoning
district for consistency.
Given these additions, the code has been modified to provide more information at a glance. Definitions
are provided for each mobile use category and a new table has been added to show whether a permit
is valid in a particular zoning district and for what timeframe. Mobile food truck permits are currently
limited to a short-term option (1-3 days in most districts with the exception of some residential zoning
districts) and a seasonal permit that lasts for 120 days. Staff carried these durations forward to keep
the new uses consistent, although seasonal permits are still restricted to only food trucks and only in
certain zoning districts.
Some minor corrections to existing regulations have also been proposed. Most of these changes are
semantic, broadening the type of mobile uses being referred to, but some are substantive:
- Clarifying that ceasing operations at 10pm means vacating the site (as opposed to clean up,
wind down, etc.)
- Applying the existing proximity restriction between a mobile vendor and like uses to all mobile
vendors
- Continuing to limit R-1 and R-2 properties to 2 events per year, but removing this restriction
from R-3 and R-4, as well as allowing city manager or their designee to allow additional events if
requested
Fee Discussion
Given the Planning Commission’s focus on zoning code, fees for mobile use permits were only
discussed in passing or where they related to something like permit duration which is addressed by
zoning code. Overall, the Commission did not see a need to set a separate fee between food vendors,
medical uses, or other commercial vendors, since in all of these cases the permit fee would still cover
the administrative review time involved in verifying insurance, state or county licensing, and the
required site plan for the permit. Following the direction from the Parks staff, Planning Commission felt
comfortable continuing to limit the seasonal permit option only to food trucks in certain Commercial,
Office, Mixed Use, and Industrial districts. Other vendors, or food truck vendors in other districts,
would be required to rely on the short-term 1-3 day permit.
They did recommend additional tracking of permits after the new uses were added in order to see if
they led to more variety of uses and whether fees did need adjusting. Staff recently looked closely at
food truck permit fees due to feedback from a business owner. Currently short-term permit fees are
$40/day for up to three days, although in practice only one $40 fee has been collected regardless of
the number of days the food truck is at a location (short-term). The rationale being the amount of staff
City Council Regular Meeting Executive Summary
City of Golden Valley
June 7, 2022
3
time needed to review an application is the same, regardless of if the permit is for one day or
three. Staff would support updating the fee schedule - either in the near future or during the annual
fee schedule update in the fall - to reflect this practice or other ideas the Council would like
considered.
Financial Or Budget Considerations
Possibility for minimal additional City revenue associated with the issuance of new permits.
Recommended Action
Motion to adopt Ordinance No. 739, Amending Section 113-31: Temporary Uses in order to
establish allowed mobile retail and service uses.
Motion to adopt Resolution No. 22-058, Authorizing Summary Publication of Ordinance No. 739
Supporting Documents
Memo to the Planning Commission dated April 25, 2022 (2 pages)
Planning Commission minutes from April 25, 2022 (4 pages)
Mobile Use Language – Red line coy with edits (4 pages)
Ordinance No. 739, Amending Section 113-31: Temporary Uses in order to Establish Mobile Retail
and Service Uses (4 pages)
Resolution No. 22-058 Authorizing Summary Publication of Ordinance No. 739 (1 page)
Date: April 25, 2022
To: Golden Valley Planning Commission
From: Myles Campbell, Planner
Subject: Temporary Mobile Uses – Informal Public Hearing
Summary
Currently Golden Valley zoning code allows for mobile food vendors on a temporary basis and
with varying restrictions by zoning district. This was added to code in 2015 in response to growing
interest in allowing food trucks to operate on both a short‐term and seasonal basis. The code has
been amended in minor fashion since adoption but has still been limited to food vendors.
Partly at the request of the parks department, and in part due to seeing new and emerging
mobile uses, staff is introducing for discussion with Planning Commission the topic of further
amending the City’s Mobile Uses ordinance to allow for a broader range of vendors and services.
Ordinance Revisions
Attached with this memo are two copies of revised ordinance language regulating mobile uses,
one clean copy and one with red lines shown to denote changes. As discussed at the last meeting
on this topic, the most significant revisions were in regard to the new uses: adding a definitions
section, and fleshing out the duration limits for each type of permit. Commissioners had some
further revisions following that discussion regarding: educational uses, limits on residential
permits, and the use of a table to lay out allowed durations for permits. These changes have been
incorporated into the draft language.
Staff is seeking any final thoughts or revisions on this code language before forwarding to the City
Council for review, along with discussion on the current applicability of fees associated with these
permits.
Action Request
Recommend approval of the revised zoning ordinance language regarding mobile use permits to
allow for additional types of mobile uses in Golden Valley.
Attachments
2
Mobile Use Ordinance – Revised with markup (3 pages)
Mobile Use Ordinance – Revised (3 pages)
REGULAR MEETING MINUTES
This meeting was conducted in a hybrid format with in‐person and remote options for attending,
participating, and commenting. The City used Webex to conduct this meeting and members of the
public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it
on CCXmedia.org, or by dialing in to the public call‐in line.
1. Call to Order
The meeting was called to order at 6:30 pm by Chair Pockl.
Roll Call
Commissioners in person: Adam Brookins, Sophia Ginis, Andy Johnson, Lauren Pockl, Mike Ruby,
Chuck Segelbaum
Staff present: Jason Zimmerman – Planning Manager, Myles Campbell – Planner
Council Liaison present: Denise La Mere‐Anderson
2. Approval of Agenda
Chair Pockl asked for a motion to approve the agenda.
MOTION made by Commissioner Johnson, seconded by Commissioner Brookins, to approve the
agenda of April 25, 2022.
Motion carried.
3. Approval of Minutes
Commissioner Brookins noted his absence at the April 11th meeting.
Chair Pockl asked for a motion to approve the minutes from April 11, 2022, pending edits.
MOTION made by Commissioner Ruby, seconded by Commissioner Ginis to approve.
Motion carried.
4. Informal Public Hearing – Zoning Text Amendment – Temporary Mobile Uses
Applicant: City of Golden Valley
Myles Campbell, Planner, reminded the group that the City added mobile food vendors as a
temporary use in the zoning code in 2015. Revisiting this topic was prompted by Parks and Rec
requesting a greater diversity of uses to be allowed under the code.
The most significant change will be the addition of two new uses: Mobile Assistive Services and
Mobile Retail/Service Vendors. Staff reviewed these two in more depth.
April 25, 2022 – 6:30 pm
Hybrid
Council Chambers, City Hall
City of Golden Valley Planning Commission Regular Meeting
April 25, 2022 – 6:30 pm
2
Staff reviewed an updated permit duration table for the two new uses in different zoning districts.
Staff also reviewed some regulation changes around broadening vendor language and updating
permit restrictions to apply to only R‐1 and R‐2 zoning.
Staff recommends approval of the revised zoning ordinance language regarding mobile use permits
to allow for additional types of mobile uses in Golden Valley.
Commissioner Ruby asked staff to consider flexibility in allowing a food vendor more than 2 events
per year. Commissioner Segelbaum mentioned the difference between a homeowner hosting more
than one party and having a food truck versus a vendor operating in a residential area on their own.
Commissioner Johnson added that permitting two events a year seems like a good compromise for a
residential district. Staff added that this particular situation has not been an issue that’s come up.
The group discussed hours of operation ending at 8pm, 9pm, or 10pm, weeknights versus weekends,
and difference within different zoning districts.
The conversation moved on to overnight parking and storage, public right of way, and vending
operations for private parties in the R‐1 district.
Chair Pockl opened the public comments at 7:01pm
There were no in person commenters.
There were no callers.
Chair Pockl closed the public comments at 7:04pm.
Johnson added that he’d like to add local assistive services to the Commercial/Light
Industrial/Industrial zoning districts, clean up the grid for the R‐1/R‐2 exceptions. Commissioner
Ruby added language should be added to allow a vendor to extend a permit request.
Johnson added it would be helpful to work with Communications to get the changes communicated.
MOTION made by Commissioner Johnson and seconded by Commissioner Brookins to recommend
approval of the revised zoning ordinance language regarding mobile use permits to allow for
additional types of mobile uses in Golden Valley and including Commissioner comments from the
4/25/2022 meeting.
Motion carried
5. Discussion – Accessory Dwelling Units
Myles Campbell, Planner, noted that the team is working with Communications and Community
Outreach to communicate the potential changes to R‐1 and R‐2 with ADUs. Staff reviewed
communications thus far, social media pushes, and a survey for residents to obtain initial feedback
from residents.
Staff displayed the draft survey and asked for feedback on items not addressed, things that should be
expanded on, and general comments.
City of Golden Valley Planning Commission Regular Meeting
April 25, 2022 – 6:30 pm
3
Commissioner Ruby asked if there was a way to have residents list their location in Golden Valley
without maybe disclosing their address. This could provide neighborhood interest data points. He
added that questions should be split, when and how questions are generally unclear.
The conversation moved on to dynamics of consistency in questions on the survey.
Commissioner Ginis commented on edits to the survey to accurately capture support for ADUs.
Commissioner Segelbaum commented on language related to a long‐term rental or a short‐term
rental. The conversation went on to discuss descriptions in the survey or not, participation in the
survey, and variety of communications to residents.
The conversation moved on to the difference between being a property owner or the homeowner as
well as if the home needs to be owner occupied to add an ADU. The group discussed parameters for
the survey as well as likelihood of which direction Council will place support.
Johnson commented on the nuances of a survey and the results as well as initial understandings
compared to detailed descriptions. Segelbaum commented on the generalness of the survey
comments and staff responded intent was to understand initial responses. Commissioners
commented again that it would be beneficial for residents to understand the goal of Council in
advance of the survey distribution.
The group went on to discuss the way the responses are listed and what format would solicit the
clearest resident responses. The staff reminded the group the survey is an information gathering
exercise, to use the feedback to draft language for the zoning code, then move forward with the
standard hearing procedure.
The group discussed survey layout, process, other avenues of information, and the website.
Chair Pockl ended the televised portion of the meeting at 7:23pm
6. Council Liaison Report
Council Member La Mere‐Anderson updated the Commission on the most recent Council Work
Session and Council Meeting. She informed them the Council reviewed the Annual Report and Work
Plan, had approved a fee schedule which included the new Outdoor Service Area permit, and also
appointed Ellen Brenna to the Commission. She noted that the Planning Commission and Board of
Zoning Appeals were both still in need of youth members. Commissioners were reminded of the
upcoming Board and Commission Appreciation Dinner.
7. Other Business
Staff reminded Commissioners that Chair Pockl was the scheduled representative to the next Board of
Zoning Appeals meeting and notified everyone that elections would take place at the next regular
Planning Commission meeting.
City of Golden Valley Planning Commission Regular Meeting
April 25, 2022 – 6:30 pm
4
8. Adjournment
MOTION by Commissioner Segelbaum to adjourn, seconded by Commissioner Johnson and
approved unanimously by roll call vote. Meeting adjourned at 8:44 pm.
________________________________
Andy Johnson, Secretary
________________________________
Amie Kolesar, Planning Assistant
Created: 2021-12-08 10:00:58 [EST]
(Supp. No. 4, Update 3)
Page 1 of 4
Sec. 113-31. Temporary Uses.
………..
(1) (1) Mobile Food VendingVendors and Services. The City Manager or his/hertheir designee may issue
a permit for a mobile vendor or service provider, as defined below,mobile food vending operation,
defined as a self-contained vehicle or trailer used to prepare and serve food that is ready movable
without disassembling, to operate for a temporary period within the City at a specific location . This
permit will be valid for a time to be determined based on the type of mobile use as well as the
underlying zoning for the location specified by the permit. not to exceed three days in City parks, one
day in Residential Zoning Districts, or 120 days in all other zoning districts. Properties in residential
zoning districts are limited to two permits in a 12-month period. The permit application shall be on a
form promulgated by the City Manager or his/her designee and shall include any information needed
to establish compliance with this section. Any application shall include the application fee amount
established by the City Council in the Master Fee Schedule, and such fee shall be not refundable if the
permit is denied or the applicant withdraws or otherwise ceases operation or use of the permit. All
mobile food vending permit applications and permits shall be subject to the following conditions:
a. Definitions.
1. Mobile Food Vendor- A self-contained vehicle or trailer that is readily movable without
disassembling, used to prepare and serve food to customers.
2. Mobile Assistive Services- A self-contained vehicle or trailer that is readily movable
without disassembling, used to provide medical, legal, educational, and other assistive
services to residents or customers. Public Services provided by the City are exempt
from this definition.
3. Mobile Retail/Service Vendors - A self-contained vehicle or trailer that is readily
movable without disassembling, used for the sale of products or services such as: pet
grooming, florists, and other uses consistent with those permitted in the Commercial
Zoning District.
b. Permit Duration. A temporary permit for any mobile vendor or service provider shall be subject
to a restriction on the amount of time it can operate and occupy a given location. This duration
shall be determined by the type of use and the its location, As shown in the table below.
Zoning District(s) Mobile Food Vendor Mobile Assistive
Services
Mobile Retail/Service
Vendors
Single-Family Residential ≤ 1 day - -
Moderate Density Residential ≤ 1 day - -
Medium Density Residential ≤ 1 day ≤ 3 days -
High Density Residential ≤ 1 day ≤ 3 days -
Commercial ≤ 3 days, ≤ 120 days ≤ 3 days -
Mixed Use (MU-N, MU-C, MU-E) ≤ 3 days, ≤ 120 days ≤ 3 days ≤ 3 days
Light Industrial/Industrial ≤ 3 days, ≤ 120 days ≤ 3 days -
Office ≤ 3 days, ≤ 120 days ≤ 3 days -
Institutional-Assembly ≤ 3 days ≤ 3 days -
Institutional-Medical ≤ 3 days ≤ 3 days -
Institutional-Civic ≤ 3 days ≤ 3 days ≤ 3 days
Institutional-Parks & Natural Areas ≤ 3 days ≤ 3 days ≤ 3 days
Created: 2021-12-08 10:00:58 [EST]
(Supp. No. 4, Update 3)
Page 2 of 4
c. Permit Regulations. Mobile Vendors are subject to the following rules and regulations:
1. a. With the permit application, the applicant shall provide written proof that the
applicant is the current holder of all licenses required by the County and the State, as
applicable, with respect to a mobile food vending operation in which food is prepared
and served on a vehicle or trailer, and the vendor shall maintain such license in good
standing for the duration of the permit.
2. b. The vendor shall comply with all other applicable provisions of the City Code,
including, but not limited to, those regulations regarding parking, signage, lighting,
and sound.
3. c. A permit is valid for only one mobile food vending vehicle or trailer.
4. d. The permitted days of operation shall be set forth in the permit. A vendor that
has obtained a permit under this section, upon the expiration thereof, may apply for
another permit under this section.
5. e. The permit application shall contain a signed statement that the applicant shall
hold harmless the City, and their officers and employees, and shall indemnify the City,
and their officers and employees for any claims for damage to property or injury to
persons which may be occasioned by any activity carried on under the terms of the
permit.
6. f. If the application seeks to operate a vending operation ion a City-owned
property and/or on the public right-of-way, the application shall include
documentation satisfactory to the City Manager or his/hertheir designee evidencing
the applicant's public liability, food products liability, automobile liability, and
property damage insurance and that the City is or will be named as an additional
insured on such insurance for all the permitted days of operation. Such insurance shall
be maintained without change for the duration of the permitted days of operation.
7. g. The permit shall set forth the location where the vendoring operation may
operate and it shall be a violation of this section for any vendor to engage in vending
operations in any location in the City other than the location set forth in the permit.
8. Mobile food vendors must be located at least 10 feet from all principal and accessory
structures as well as five feet from side and rear yard property lines.
9. h. Overnight parking and storage by the vendor is prohibited at the permitted
location. The vendor must vacate the permitted location when not engaging in
vending operations. Hours of vending operation are limited to 8:00 a.m. to 10:00 p.m.,
at which time the vendor shall vacate the permitted location. These time limits will
apply to all permits, unless otherwise limited or extended by the City Manager or
his/hertheir designee, as set forth in the permit. Permits approved for vending
operations on properties located in Residential Zoning Districts are limited to an eight-
hour time period maximum.
10. i. With the permit application, the applicant shall provide written proof
permission from the owner of the property at the permitted location to engage in
vending operations at those location. If the permitted location is located on City-
owned property, the issuance of the permit by the City shall constitute such
permission.
Created: 2021-12-08 10:00:58 [EST]
(Supp. No. 4, Update 3)
Page 3 of 4
11. j. The vendor must keep a copy of the permit with the vending unit and
demonstrate compliance with the permit and the permit conditions set forth in this
section upon inspection.
12. k. The vending operation may be located on public right-of-way unless
right-of-way adjacent to the property for which the permit is issued, with the service
window facing the curbside of the street. The vending operation may not block
sidewalks or drive aisles, impede pedestrian or vehicular traffic, or interfere with
public safety.
13. l. The vending operation shall be located on an impervious surface
unless unique circumstances cause the City Manager or his/hertheir designee to
permit the operation to be located on a pervious surface.
14. m. No vending operation may occupy accessible parking spaces or parking
spaces used to fulfill any property's minimum parking requirements under this Code,
unless the applicable property owner can demonstrate that parking would be
adequately supplied during the vending operations.
15. n. The vendor must provide and remove trash and recycling receptacles
for customer use and keep the site in a neat and orderly fashion. The permitted
location must be kept free from litter, refuse, debris, junk or other waste which results
in offensive odors or unsightly conditions. The vendor shall be responsible for all litter
and garbage left by customers.
16. o. No vending operation may be located within 200 feet at its closest
point to the main entrance of a permanent business offering similar products or
servicespublic eating establishment or any outdoor dining area with the exception of
other mobile food vendors and except with the written consent of the proprietor of
the permanent establishment or dining area. This restriction does not apply to
proximity from other mobile vendors. No person shall either pay or accept payment
for such written consent. With the permit application, the applicant shall provide
written permission from the proprietor when applicable.
17. p. No vending operation may be located within 1,000 feet at its closest
point to a school while the school is in session unless written permission from the
school principal is provided in the permit application. With the permit application, the
applicant shall provide written permission from the principal when applicable.
18. q. Permits issued for vending operations on properties located in
Residential Zoning Districts must limit sales to the property owner and other private
parties associated with the private event. The vending operation shall not serve the
general public unless a special event permit is approved by the City.
19. For properties zoned Single-Family Residential (R-1) or Moderate Density
Residential (R-2) no more than two events per calendar year involving mobile vendors
are permitted at the address provided in the application. Exceptions to this two-event
limit may be considered by the City Manager or their designee.
20. r. The placement, duration, or any other applicable requirements for
operation under this section may be superseded by the provisions of an approved
special event permit.
21. s. If, while holding a permit granted under this section, a vendor violates
any provision of this section, in addition to any other remedy provided under this
Code, the City Manager or his/her designee may revoke the permit and/or prohibit
Created: 2021-12-08 10:00:58 [EST]
(Supp. No. 4, Update 3)
Page 4 of 4
such vendor from obtaining a new permit under this section for a period not
exceeding 13 months from the date of such violation for properties in Residential
Zoning Districts and not exceeding 30 days from the date of such violation for
properties in all other zoning districts.
ORDINANCE NO. 739
AN ORDINANCE AMENDING THE CITY CODE
Amending Chapter 113 Zoning in order to Establish Allowed
Mobile Retail and Service Uses
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Section 113-31, Article II, Subdivision (d)(1) is amended to read
as follows and renumbering sections (d)(1)(a) through (d)(1)(s) accordingly
(1) Mobile Vendors and Services. The City Manager or their designee may issue a
permit for a mobile vendor or service provider, as defined below, to operate for a
temporary period within the City at a specific location. This permit will be valid for a
time to be determined based on the type of mobile use as well as the underlying
zoning for the location specified by the permit. Any application shall include the
application fee amount established by the City Council in the Master Fee Schedule,
and such fee shall be not refundable if the permit is denied or the applicant
withdraws or otherwise ceases operation or use of the permit.
a. Definitions.
1. Mobile Food Vendor- A self-contained vehicle or trailer that is
readily movable without disassembling, used to prepare and serve food
to customers.
2. Mobile Assistive Services- A self-contained vehicle or trailer that is
readily movable without disassembling, used to provide medical, legal,
educational, and other assistive services to residents or customers.
Public Services provided by the City are exempt from this definition.
3. Mobile Retail/Service Vendors - A self-contained vehicle or trailer
that is readily movable without disassembling, used for the sale of
products or services such as: pet grooming, florists, and other uses
consistent with those permitted in the Commercial Zoning District.
b. Permit Duration. A temporary permit for any mobile vendor or service provider
shall be subject to a restriction on the amount of time it can operate and
occupy a given location. This duration shall be determined by the type of use
and the its location, As shown in the table below.
Zoning District(s) Mobile
Food
Vendor
Mobile
Assistive
Services
Mobile
Retail/Service
Vendors
Single-Family
Residential
≤ 1 day - -
Moderate Density
Residential
≤ 1 day - -
Medium Density
Residential
≤ 1 day ≤ 3 days -
Ordinance No. 739 -2- June 7, 2022
High Density
Residential
≤ 1 day ≤ 3 days -
Commercial ≤ 3 days, ≤ 120
days
≤ 3 days -
Mixed Use (MU-N,
MU-C, MU-E)
≤ 3 days, ≤ 120
days
≤ 3 days ≤ 3 days
Light
Industrial/Industrial
≤ 3 days, ≤ 120
days
≤ 3 days -
Office ≤ 3 days, ≤ 120
days
≤ 3 days -
Institutional-
Assembly
≤ 3 days ≤ 3 days -
Institutional-Medical ≤ 3 days ≤ 3 days -
Institutional-Civic ≤ 3 days ≤ 3 days ≤ 3 days
Institutional-Parks &
Natural Areas
≤ 3 days ≤ 3 days ≤ 3 days
c. Permit Regulations. Mobile Vendors are subject to the following rules and
regulations:
Section 2. City Code Section 113-31, Article II, Subdivision (d)(1)(c)(1) is amended to
read as follows:
1. With the permit application, the applicant shall provide written proof that the
applicant is the current holder of all licenses required by the County and the State, and the
vendor shall maintain such license in good standing for the duration of the permit.
Section 3. City Code Section 113-31, Article II, Subdivision (d)(1)(c)(3) is amended to
read as follows:
3. A permit is valid for only one mobile vehicle or trailer.
Section 4. City Code Section 113-31, Article II, Subdivision (d)(1)(c)(6) is amended to
read as follows:
6. If the application seeks to operate on a City-owned property and/or on the
public right-of-way, the application shall include documentation satisfactory to the City
Manager or their designee evidencing the applicant's public liability, food products liability,
automobile liability, and property damage insurance and that the City is or will be named as
an additional insured on such insurance for all the permitted days of operation. Such
insurance shall be maintained without change for the duration of the permitted days of
operation.
Ordinance No. 739 -3- June 7, 2022
Section 5. City Code Section 113-31, Article II, Subdivision (d)(1)(c)(7) is amended to
read as follows:
7. The permit shall set forth the location where the vendor may operate and it shall
be a violation of this section for any vendor to engage in vending operations in any location in
the City other than the location set forth in the permit.
Section 6. City Code Section 113-31, Article II, Subdivision (d)(1)(c)(8) is amended to
read as follows:
8. Mobile vendors must be located at least 10 feet from all principal and
accessory structures as well as five feet from side and rear yard property lines.
Section 7. City Code Section 113-31, Article II, Subdivision (d)(1)(c)(9) is amended to
read as follows:
9. Overnight parking and storage by the vendor is prohibited at the permitted
location. The vendor must vacate the permitted location when not engaging in vending
operations. Hours of vending operation are limited to 8:00 a.m. to 10:00 p.m., at which time
the vendor shall vacate the permitted location. These time limits will apply to all permits,
unless otherwise limited or extended by the City Manager or their designee, as set forth in the
permit. Permits approved for vending operations on properties located in Residential Zoning
Districts are limited to an eight-hour time period maximum.
Section 8. City Code Section 113-31, Article II, Subdivision (d)(1)(c)(12) is amended to
read as follows:
12. The vending operation may be located on public right-of-way adjacent to the
property for which the permit is issued, with the service window facing the curbside of the
street. The vending operation may not block sidewalks or drive aisles, impede pedestrian or
vehicular traffic, or interfere with public safety.
Section 9. City Code Section 113-31, Article II, Subdivision (d)(1)(c)(13) is amended to
read as follows:
13. The vending operation shall be located on an impervious surface unless unique
circumstances cause the City Manager or their designee to permit the operation to be located
on a pervious surface.
Section 10. City Code Section 113-31, Article II, Subdivision (d)(1)(c)(16) is amended
to read as follows:
16. No vending operation may be located within 200 feet at its closest point to the
main entrance of a permanent business offering similar products or services except with the
written consent of the proprietor of the permanent establishment. This restriction does not
apply to proximity from other mobile vendors. No person shall either pay or accept payment
for such written consent. With the permit application, the applicant shall provide written
permission from the proprietor when applicable.
Ordinance No. 739 -4- June 7, 2022
Section 11. City Code Section 113-31, Article II, Subdivision (d)(1)(c)(19) is amended
to read as follows:
19. For properties zoned Single-Family Residential (R-1) or Moderate Density
Residential (R-2) no more then 2 events per calendar year involving mobile vendors are
permitted at the address provided in the application. Exceptions to this 2 event limit may be
considered by the City Manager or their designee.
Section 12. This ordinance shall take effect from and after its passage and publication
as required by law.
Adopted by the City Council this 7th day of June, 2022.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/ Theresa J. Schyma
Theresa J. Schyma, City Clerk
RESOLUTION NO. 22-058
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 739
WHEREAS, the City has adopted the above referenced amendment of the Golden
Valley City Code; and
WHEREAS, the verbatim text of the amendment is cumbersome, and the expense
of the publication of the complete text is not justified.
NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY
OF GOLDEN VALLEY, MINNESOTA that the following summary is hereby approved for
official publication:
SUMMARY PUBLICATION
ORDINANCE NO. 739
AN ORDINANCE AMENDING THE CITY CODE
Amending Chapter 113 Zoning in order to Establish Allowed Mobile Retail and
Service Uses
This is a summary of the provisions of Ordinance No. 739 which has been approved
for publication by the City Council.
At the June 7, 2022 City Council meeting, the Golden Valley City Council
enacted Ordinance No. 739 amending City Code, Chapter 113 to allow for
additional types of temporary mobile uses in addition to food trucks. The full
ordinance is available to the public at the City Clerk’s Office, 7800 Golden Valley Road
during normal business hours and online at www.goldenvalleymn.gov/code/.
Passed by the City Council of the City of Golden Valley, Minnesota on June 7, 2022.
____________________________
Shepard M. Harris, Mayor
Attested:
____________________
Theresa Schyma, City Clerk
Event Event Time Location
JUNE
Tuesday, June 14
Council Work Session 6:30 PM Hybrid - Council Conference Room
Wednesday, June 15
Public Safety Open House 5:00 PM - 8:00 PM Fire Station 1
7800 Golden Valley Rd
Thursday, June 16
Golden Valley Electric Vehicle Showcase 4:00 PM - 7:00 PM Golden Valley City Hall
7800 Golden Valley Rd
Friday, June 17
Kumbayah: The Juneteenth Story Live Play (two performances)
AM Show - 10:00 AM
Reception - 5:30 PM
PM Show - 7:00 PM
Breck School's Carlson Theatre - 123
Ottawa Ave N
Saturday, June 18
Bird Dash 5K/1K Family Fun Run 9:00 AM Bassett Creek Park, Crystal
Sunday, June 19
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Tuesday, June 21
HRA Meeting 6:30 PM Hybrid - Brookview
City Council Meeting 6:30 PM Hybrid - Brookview
Thursday, June 23
Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid
Brookview - Valley View Room
Sunday, June 26
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
JULY
Sunday, July 3
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Monday, July 4
City Offices Closed for Observance of Independence Day
Tuesday, July 5
City Council Meeting 6:30 PM Hybrid - Council Chambers
Sunday, July 10
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Monday, July 11
Ice Cream Social 7:00 PM - 8:00 PM Brookview Park
Tuesday, July 12
Special Council Training Session 4:30 PM - 6:30 PM Council Conference Room
Council Work Session 6:30 PM Hybrid - Council Chambers
Sunday, July 17
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Tuesday, July 19
City Council Meeting 6:30 PM Hybrid - Council Chambers
Sunday, July 24
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Thursday, July 28
Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid
Brookview - Valley View Room
Sunday, July 31
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
REVIEW OF COUNCIL CALENDAR