The URL can be used to link to this page

03-21-23 City Council Agenda March 21, 2023 — 6:30 PM Council Chambers Hybrid Meeting CITY COUNCIL 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 2456 413 9643. 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 2456 413 9643. Press *3 to raise your hand during public comment sections. 1. Call to Order 1A. Pledge of Allegiance and Land Acknowledgement 1B. Roll Call 2. Additions and Corrections to Agenda 3. Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. 3A. Approval of City Council Minutes: 3A.1. Minutes of the Annual Joint Meeting with the City Council and Boards and Commissions on February 28, 2023 3A.2. Meeting Minutes of March 7, 2023 - Special City Council Meeting with Closed Executive Session and Regular City Council Meeting 3B. Approval of City Check Registers 3C. Licenses: 3C.1. Approve Temporary On-Sale Liquor License - Good Shepherd Catholic Church 3C.2. Receive and File - Gambling License Exemption and Waiver of Notice Requirement - American Legion Ladies Auxiliary Post 523 3C.3. Approve Renewal of General Business Licenses - Solid Waste and Recycling Collection 3C.4. Approve Renewal of General Business Licenses - Gas Dispensers City of Golden Valley City Council Regular Meeting March 21, 2023 — 6:30 PM 1 3D. Boards, Commissions, and Task Forces: 3D.1. Receive the Planning Commission Annual Report and Approve the 2023 Work Plan 3D.2. Receive and File the Board of Zoning Appeals Annual Report 3D.3. Adopt Resolution No. 23-015 Approving an Appointment to the Bassett Creek Watershed Management Commission 3E. Bids, Quotes, and Contracts: 3E.1. Approve Contract for Tree Trimming and Removal with Bratt Tree Company 3E.2. Award Contract for 2023 Crack Sealing Project #23-05 to Allied Blacktop Company 3E.3. Award Contract for 2023 Asphalt Microsurface Project, City Project # 23-06, to Asphalt Surface Technologies Corporation 3E.4. Award Construction Contract for 2023 Fog Sealing Project #23-10 to Allied Blacktop Company 3E.5. 2023 Pavement Management Program Project Awards: A. Award Construction Contract to Northwest Asphalt B. Award Contract for Construction Engineering Services to Short Elliott Hendrickson, Incorporated 3F. Approve the 2023 Public Land Inventory Report 4. Public Hearing 4A. Land Use and Zoning Map Amendments and Preliminary Plat for 8200 Golden Valley Road and 8240 Golden Valley Drive - Approve Resolution No. 23-016 - Amending the Future Land Use Map - Approve Ordinance No. 760 - Amending the Zoning Map - Approve the Preliminary Plat (Golden Valley Apartments) 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. 6A. First Consideration of Ordinance No. 761 Amending the 2023 Master Fee Schedule for Items Related to Micromobility Licenses 6B. Approve Updated Bylaws of Various Boards and Commissions 6C. Mayor and Council Communications 1. Other Committee/Meeting updates 6D. Review of Council Calendar 7. Adjournment City of Golden Valley City Council Regular Meeting March 21, 2023 — 6:30 PM 2 February 28, 2023 —6:00 PM Brookview -Bassett Creek Room ANNUAL JOINT MEETING MINUTES City Council and Boards and Commissions Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson, Gillian Rosenquist and Kimberly Sanberg Also Present:Members from the following boards and commissions were in attendance: Board of Zoning Appeals Community Services Commission Diversity,Equity,and Inclusion Commission Environmental Commission Open Space and Recreation Commission Planning Commission Police Employment, Accountability,and Community Engagement (PEACE) Commission Staff Present: City Manager Cruikshank, Deputy City Manager/Human Resources Director Santelices, and staff liaisons for City commissions Mayor Harris started the joint meeting at 6:00 pm. The joint meeting involved a presentation and discussion on topics that included: Welcome and Purpose Guiding Our Decision Making Team Workflow Council 2023 Action Steps Boards and Commissions Reflection 2022 and Preview 2023 Team Building Exercise The joint meeting ended at 8:00 pm. _______________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa Schyma, City Clerk 3 March 7, 2023 —5:45 PM Manager's Conference Room CITY COUNCIL SPECIAL MEETING AGENDA Special Meeting Item(s): 1.Call to Order Mayor Harris called the meeting to order at 5:49 pm. 2.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, and City Attorney Cisneros Motion by Rosenquist, Second by M. Harris to close the special meeting, pursuant to Minnesota State Statute § 13D.03, for the purpose of discussing labor negotiation strategy related to the City’s negotiations with the Patrol, Sergeants, Assistant Chiefs, and Administrative Support Staff Unions (LELS Local #27, #304, #485, and #524). Motion carried 5-0. Prior to going into closed session Mayor Harris announced the following: 1)No other public business will be discussed at this closed session pursuant to the statute. 2)Since no public business will be discussed, the special meeting will adjourn at the conclusion of the closed session. 3.Adjourn to Closed Executive Session in Manager's Conference Room The Special City Council Closed Executive Session was closed pursuant to Minn. Stat. § 13D.03. No other public business was discussed at this closed session pursuant to the statute. 3.A.Discuss labor negotiation strategy related to the City’s negotiations with the Sergeants Union (LELS Local #304). 3.B. Discuss labor negotiation strategy related to the City’s negotiations with the Administrative Support Staff Union (LELS Local #524). 3.C.Discuss labor negotiation strategy related to the City’s negotiations with the Patrol, Sergeants and Assistant Chiefs Unions (LELS Local #27, #304, #485). 4 4.Adjournment of Special City Council Meeting and Closed Executive Session The Special City Council Meeting and Closed Executive Session were adjourned by unanimous consent at 6:17 pm. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk 5 March 7, 2023 —6:30 PM Council Chambers Hybrid Meeting CITY COUNCIL 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. 1.Call to Order Mayor Harris called the meeting to order at 6:35 pm. 1A. Pledge of Allegiance and Land Acknowledgement Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land Acknowledgement statement. 1B. 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 Attorney Cisneros, Police Chief Green, Planning Manager Zimmerman, and City Clerk Schyma 1C. Proclamation Recognizing the Rotary Club of Golden Valley for 50 Years of Service Mayor Harris discussed and presented the proclamation recognizing the Rotary Club of Golden Valley for 50 years of service to President Mary Timmons. Motion by Rosenquist, Second by M. Harris to approve the proclamation recognizing the Rotary Club of Golden Valley for 50 years of service. Motion carried 5-0. 2.Additions and Corrections to Agenda Motion by Sanberg, Second by La Mere-Anderson to approve the agenda as submitted. Motion carried 5-0. 6 Mayor Harris stated that Items #3E.6. through #3E.8. were discussed at a Special City Council Meeting with Closed Executive Session prior to tonight’s regular meeting. 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. Motion by Rosenquist, Second by M. Harris to approve the Consent Agenda as revised: removal of Item #3E.9. Approve Law Enforcement Services Agreement between Hennepin County Sherriff's Office and the City of Golden Valley; and #3F.2. Approve Resolution No. 23-014 Accepting the Donation for a Park Bench to be Located at Lions Park Honoring Rob Pope. Motion carried 5-0. 3A. Approval of City Council Minutes: 3A.1. Council Work Session Minutes of January 24, 2023 3A.2. Regular Council Meeting Minutes of February 21, 2023 3B.Approval of City Check Registers 3C. Licenses: 3C.1.Gambling License Exemption and Waiver of Notice Requirement - Interfaith Outreach and Community Partners 3D. Boards, Commissions, and Task Forces: 3D.1.Accept Resignation from the Planning Commission 3E. Bids, Quotes, and Contracts: 3E.1.Approve Contract for Sanitary Sewer Lining Repairs with Visu-Sewer, Inc. 3E.2.Approve Contract for Scheid Park Storm Sewer Replacement with Dave Perkins Contracting, Inc. 3E.3.Authorize Agreement for DeCola Ponds SEA School-Wildwood Park Flood Storage Project #20-27 with Rachel Contracting LLC 3E.4.Authorize Contract for Professional Services for Vegetative Maintenance with Restoration Environmental Services LLC 3E.5.Approve Equipment Lease Agreement for Electric Golf Cart GPS Equipment and Service 3E.6.Approve 2023-2024 Labor Agreement Between Sergeants Union (LELS Local #304) and the City of Golden Valley 3E.7.Approve 2023-2024 Labor Agreement between Administrative Support Staff Union (LELS Local #524) and the City of Golden Valley 3E.8.Approve Memorandum of Understanding between Patrol, Sergeants and Assistant Chiefs Unions (LELS Local #27, #304, #485) and the City of Golden Valley 3E.9.Approve Law Enforcement Services Agreement between Hennepin County Sherriff's Office and the City of Golden Valley 3F.Grants and Donations: 3F.1.Approve Resolution No. 23-013 Accepting Donation from the National League of Cities for Staff to Attend Training 3F.2.Approve Resolution No. 23-014 Accepting the Donation for a Park Bench to be Located at Lions Park Honoring Rob Pope 7 3.Items Removed From the Consent Agenda: 3E9. Approve Law Enforcement Services Agreement between Hennepin County Sherriff's Office and the City of Golden Valley City Attorney Cisneros discussed the legal aspects of the proposed services agreement. Police Chief Green discussed staffing levels, response time, and the partnership with the Hennepin County Sheriff’s Office. Motion by Rosenquist, Second by La Mere-Anderson to approve a Law Enforcement Services Agreement between the Hennepin County Sherriff's Office and the City of Golden Valley in the form approved by the City Attorney. Motion carried 5-0. 3F2. Approve Resolution No. 23-014 Accepting the Donation for a Park Bench to be Located at Lions Park Honoring Rob Pope Council Member Harris thanked the Friends and Fans of Rob Pope and Liz Elder for the donation. Motion by M. Harris, Second by Sanberg to approve Resolution No. 23-014 accepting the donation from the Friends and Fans of Rob Pope and Liz Elder for the addition of a park bench at Lions Park honoring Rob Pope. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A) 4.Public Hearing 4A.Approve Ordinance No. 759 - Rezoning Properties at Harold Ave, Winnetka Ave N, and Highway 55 to Achieve Conformance with the 2040 Comprehensive Plan Planning Manager Zimmerman discussed the staff report, history of zoning in the area, and the 2040 Comprehensive Plans. Mayor Harris opened the public hearing. Laura Kueny, 7303 Ridgeway Road, stated her opposition to the proposed change and discussed traffic and safety concerns especially for children. Mark Friederichs, 7501 Western Avenue, disputed the results of the traffic study and stated he collected signatures from residents in the area that are opposed to the proposed change. Ruth Paradise, 8515 Duluth Street, spoke in favor of the proposed change, the 2040 Comprehensive Plan, and creating more housing opportunities in the City. 8 Curtis McDougall, 7420 Ridgeway Road, spoke in opposition to the proposed change mainly due to traffic concerns and the residential features of the neighborhood. Brian Li, 406 Rhode Island Avenue, stated the proposed change is detrimental to the neighborhood and that he is opposed. Jason Stevens, 404 Rhode Island Avenue, stated his opposition to the proposed R-3 zoning of the area due to the removal of trees, unhealthy levels of congestion, traffic concerns, reduced property values, and the negative impact their property values. Aaron Matuseski, 407 Rhode Island Avenue, stated his opposition to the proposed change since it would be detrimental the character of the neighborhood. Andy Johnson, 7645 Harold Avenue, stated his opposition to the proposed change due to the potential unintended consequences that could arise like blocking sunlight for current residents in the neighborhood and that the Comprehensive Plan can be changed by the Council. Scott Nelson, 65 Quebec Avenue, stated his opposition to the proposed change and that he doesn’t see the need or reasoning for this particular proposal. Deb Bushway, 7310 Ridgeway Road, stated she is opposed to the proposed R-3 zoning but would be open to R-2 zoning in the area to be able to add more housing in Golden Valley. Les Heller, 7525 Harold Avenue, stated his opposition and does not see the value in the proposed change, and feels like people are being pushed out of the community. Deborah Stone, 7621 Harold Avenue, stated her opposition and spoke about the emotional part of proposed changes like this that irrevocably change neighborhoods. Tina Prokosch, 7601 Harold Avenue, stated her opposition to the proposed change due to traffic, parking lots, and tree removal. Marie Mathay, 7801 Western Avenue, stated she is passionate about where she lives and does not support the proposed change. Mary Munsterteiger, realtor for the couple that bought 7710 Harold Avenue approximately one year ago, she stated that the proposed change will devaluate their property and the area. Adam Moench, 7710 Harold Avenue, stated his opposition to the proposed change and would hate to leave Golden Valley because of a major change to the character of the neighborhood. Josh Awend, 7210 Harold Avenue, stated his opposition to the proposed R-3 zoning change in this particular area. 9 Jenikka Tomasheck, 7182 Harold Avenue, disputed the speed results from the traffic study and stated her opposition to the proposed change. Bridget Bender, 7631 Harold Avenue, stated her concerns about adding density and putting more demand on an already strained public safety system and doesn’t think housing should be the City’s number one priority. Mayor Harris closed the public hearing. Planning Manager Zimmerman responded to questions, concerns, and statements made during the public hearing regarding tree cover, the traffic study including speed and traffic, density, retail in R-3 zoning, comparisons to other developments in the City, and the purpose of the Comprehensive Plan. Council Member Rosenquist asked if all properties listed on the proposed ordinance need to be rezoned R-3 or if the Council could amend the ordinance and choose to only rezone some of the properties that have been proposed. Planning Manager Zimmerman responded that he had a conversation with the Met Council about this question and if the City Council believes there is not a good reason to rezone the entire area at this time, the ordinance could be amended to set aside certain properties. If the City Council chooses to amend the ordinance, they should also make a finding that the decision on certain properties is premature for a rezoning to Medium Density Residential (R-3) at this time. Mayor Harris thanked members of the community for their comments and civility on such a personal issue to many residents. Council Member Sanberg stated that neighborhood impact is important but so is the overall housing situation in Golden Valley. She added that a voice we don’t hear from in this conversation is that of renters or people who want to live in Golden Valley but don’t have any opportunities to do so. Council Member La Mere-Anderson stated she understood the concerns of the neighborhood but reassured residents that there are no current development plans despite the rumors circulating. The only decision at this time is whether or not to rezone the area. Council Member Rosenquist stated that traffic, pedestrian, and bike safety is one of the Council’s top five goals in 2023 so it is something that Council and staff are working on to create improvements. She added that she particularly appreciated the comments from the residents of Rhode Island Avenue because a lot of the same comments and concerns stated at tonight’s public hearing were also made when the homes on Rhode Island Avenue were proposed but the neighborhood adapted over time. She further stated that the rezoning question for this particular area has been booted about for over 10 years so maybe that is reason to only rezone a portion of the properties that are proposed. 10 Council Member Rosenquist stated she would like to amend the ordinance so that only the six properties on the western half of the proposed area would be rezoned to R-3. Council Member La Mere-Anderson stated she is not in support of any changes to the zoning of this area. Council Member Sanberg stated she is in favor of the rezoning the six properties on the western half of the proposed area. She added that it is a more phased-in approach and takes into account the concerns of the neighborhood. Council Member Harris agreed with rezoning the six properties on the western half of the proposed area. He added that this compromise allows the City to add housing that is needed. Golden Valley is an evolving, changing community that has housing needs and this amended ordinance finds that balance. Mayor Harris agreed with Council Members Rosenquist, Sanberg, and Harris and stated that he supports rezoning the six properties on the western half of the proposed area. Motion by Rosenquist, Second by Sanberg to approve Ordinance No. 759 Amending the City Code Chapter 113 - Rezoning Properties at Harold Ave, Winnetka Ave N, and Highway 55 to Achieve Conformance with the 2040 Comprehensive Plan with the following amendments to the ordinance: Section 1 should only include the properties at 7831 Olson Memorial Highway, 440 Winnetka Ave N, 424 Winnetka Ave N, 400 Winnetka Ave N, 7840 Harold Ave, and 7830 Harold Ave; and Include the following findings for partial rezoning: “In order to facilitate planned, orderly, and staged redevelopment along the western portion of Harold Avenue, the properties at 411 Rhode Island Avenue North and 7710, 7724, and 7732 Harold Avenue are determined to be premature for a rezoning to Medium Density Residential (R-3) at this time. Further residential and commercial redevelopment within the downtown and the introduction of Bus Rapid Transit along Highway 55 may be sufficient conditions to consider the rezoning of these remaining four properties. In order to facilitate planned, orderly, and staged redevelopment along the western portion of Harold Avenue, the properties at 411 Rhode Island Avenue North and 7710, 7724, and 7732 Harold Avenue are determined to be premature for a rezoning to Medium Density Residential (R-3) at this time.” Motion carried 4-1.(In Favor: M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: La Mere- Anderson) 5.Old Business 6.New Business 6A. Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. 11 6B. Mayor and Council Communications 1. Other Committee/Meeting updates Council Member Sanberg announced that her family is moving abroad sometime this summer. She is unaware of the exact date since there are many factors involved but will provide more information and a schedule for her official resignation when she has those details in the near future. 7.Adjournment The meeting was adjourned by unanimous consent at 9:43 pm. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk 12 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 21, 2023 Agenda Item 3B. Approval of City Check Registers Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims again the City of Golden Valley. Document is located on city website at the following location: http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx? id=1000913&dbid=0&repo=GoldenValley The check register(s) for approval: 03-03-23 Check Register Financial or Budget Considerations The check register has a general ledger code as to where teach claim is charged. At the end of the register is a total amount paid by fund. Legal Considerations Not Applicable Equity Considerations Not Applicable Recommended Action Motion to authorize the payment of the bills as submitted. 13 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 21, 2023 Agenda Item 3C.1. Approve Temporary On-Sale Liquor License - Good Shepherd Catholic Church Prepared By Theresa Schyma, City Clerk Summary Good Shepherd Catholic Church, 145 Jersey Avenue South, has applied for a temporary on-sale liquor license for an event on Sunday, April 30, 2023. Golden Valley City Code does allow temporary on-sale liquor licenses to be issued to a club or charitable, religious, or other nonprofit organization with Council approval. A certificate of liability insurance naming the City as an additional insured is also required and has been provided by the applicant. Financial or Budget Considerations Fees received for temporary liquor licenses help to defray costs the City incurs to administer license requirements. Legal Considerations This item does not require legal review. Equity Considerations Approving temporary on-sale licenses gives nonprofit organizations the opportunity to create relationships within the community and make connections that can help provide unbiased programs and services to those in need. Recommended Action Motion to approve a temporary on-sale liquor license for Good Shepherd Catholic Church, 145 Jersey Avenue South, for an event on Sunday, April 30, 2023. 14 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 21, 2023 Agenda Item 3C.2. Receive and File - Gambling License Exemption and Waiver of Notice Requirement - American Legion Ladies Auxiliary Post 523 Prepared By Theresa Schyma, City Clerk Summary The Legion Ladies Auxiliary Post 523 have applied for a Gambling License Exemption to conduct gambling (bingo) for an event at the Chester Bird American Legion Post 523, 200 Lilac Drive North, on April 21, 2023. 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. Legal Considerations This item does not require legal review. Equity Considerations Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create relationships within the community and make connections that can help provide unbiased programs and services to those in need. Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for the American Legion Ladies Auxiliary Post 523 to conduct gambling (bingo) for an event at the Chester Bird American Legion Post 523, 200 Lilac Drive North, on April 21, 2023. 15 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 21, 2023 Agenda Item 3C.3. Approve Renewal of General Business Licenses - Solid Waste and Recycling Collection Prepared By Theresa Schyma, City Clerk Sue Schwalbe, Deputy City Clerk/Community Development Assistant Summary The following establishments are due for renewal of their refuse and recycling vehicle licenses for the 2023-2024 period. The following applicants meet City Code requirements for the renewal of their license and staff is recommending approval. Commercial Only Darling Ingredients Inc, 9000 382nd Avenue, Blue Earth Residential Only Curbside Waste Inc., PO Box 43154, Brooklyn Park Suburban, 15718 Village Woods Drive, Eden Prairie Residential & Commercial Ace Solid Waste, 6601 McKinley Street, Ramsey Aspen Waste System, 2951 Weeks Avenue SE, Minneapolis Dick’s Sanitation, 8984 215th Street West, Lakeville Republic Services, 9813 Flying Cloud Drive, Eden Prairie Waste Management of MN, 10050 Naples Street NE, Blaine Financial or Budget Considerations Fees received for Solid Waste and Recycling Collection license renewals are budgeted and defray costs the City incurs to administer and enforce license regulations and requirements. No license will be issued until full payment is received. Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. 16 Recommended Action Motion to approve the renewal of Solid Waste and Recycling Collection licenses for a period of April 1, 2023 through March 31, 2024. 17 EXECUTIVE SUMMARY Fire 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 21, 2023 Agenda Item 3C.4. Approve Renewal of General Business Licenses - Gas Dispensers Prepared By Jill Lund, Fire Department Administrative Assistant Jake Dashiell, Deputy Fire Marshal Summary The following establishments are up for renewal of their gas dispenser license for the 2023-2024 license term. The applicants have met City Code requirements for the renewal of their license and staff is recommending approval. Freddie’s Petroleum, Inc. DBA: Amstar 9405 Medicine Lake Road Feist Automotive 1875 Lilac Drive North Golden Valley Automotive 1 General Mills Boulevard Golden Valley Country Club 7001 Golden Valley Road Gregg and Jim’s Service, Inc. 1900 Douglas Drive North Holiday Stationstores, Inc. 7925 Wayzata Boulevard Linn Retail Centers, Inc. DBA: Holiday Station 600 Boone Avenue North Jim Lupient Oldsmobile 7100 Wayzata Boulevard Hopkins Public Schools Bus Depot 835 Decatur Avenue North Morrie’s Cadillac SAAB 7400 Wayzata Boulevard Regency Hospital 1300 Hidden Lakes Parkway Speedway #4497 18 6955 Market Street Speedway #4443 1930 Douglas Drive North Theodore Wirth Par 3 1313 Theodore Wirth Parkway Financial or Budget Considerations Fees received for the gas dispenser license help to defray costs the City incurs to administer license requirements and enforce license regulations. Legal Considerations The rental license application is in a form approved by the City Attorney. Equity Considerations Not Applicable Recommended Action Motion to authorize the renewal of the above gas dispenser licenses for a period of April 1, 2023 through March 31, 2024. 19 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 21, 2023 Agenda Item 3D.1. Receive the Planning Commission Annual Report and Approve the 2023 Work Plan Prepared By Jason Zimmerman, Planning Manager Summary At the March 14, 2023, Council Work Session, Planning Commission Chair Lauren Pockl and Planning staff presented the 2022 Annual Report and draft 2023 Work Plan. Legal Considerations This item does not require legal review. Equity Considerations The Planning Commission has included Equity Training as part of its 2023 Work Plan, and will be taking part in a pilot project led by the Minnesota Chapter of the American Planning Association. Recommended Action Motion to Receive the Planning Commission 2022 Annual Report and Approve the 2023 Work Plan. Supporting Documents Planning Commission 2022 Annual Report and 2023 Work Plan 20 2022 ANNUAL REPORT | 2023 WORK PLAN THE CITY OF GOLDEN VALLEYPLANNING COMMISSION 21 2 City of Golden Valley PURPOSE, MISSION, & PRESCRIBED DUTIES The Planning Commission shall: • review and make recommendations on specific development proposals made by private developers and public agencies • review and make recommendations on proposed rezonings, subdivision plans, amendments to the zoning text, platting regulations and variances, and similar items having to do with administration and regulatory measures • conduct special studies, at the initiative of the Planning Commission and/or specific direction from the City Council, dealing with items such as renewal, civic design, maintenance of a suitable living and working environment, economic conditions, etc • review major public capital improvement plans against the policy and goals stated in the Comprehensive Plan for the area • advise and make recommendations relative to housing, new development, and redevelopment projects proposed by the HRA prior to the final commitment of such projects by the HRA • advise and make recommendations in matters relating to and affecting the environment 22 BOARD OF ZONING APPEALS / 2022 Annual Report 3 TABLE OF CONTENTS 4 2022 Overview 12 2023 Proposed Work Plan COMMISSIONERS Lauren Pockl, Chair (2024) Adam Brookins, Vice-Chair (2025) Andy Johnson, Secretary Rich Baker Ellen Brenna (2025) Sophia Ginis (2024) Mike Ruby (2023) Chuck Segelbaum (2023) Note: Terms run May 1-April 30 COUNCIL LIAISON Gillian Rosenquist / Denise LaMere-Anderson CITY STAFF Marc Nevinski, Physical Development Director Jason Zimmerman, Planning Manager Myles Campbell, Planner Amie Kolesar, Planning Assistant Max Gort, Community Development Intern 23 4 City of Golden Valley In 2022, the Golden Valley Planning Commission worked closely with staff to review proposals for private de- velopment as well as to develop new zoning regulations that expanded the variety of housing types available to residents. The Commission also amended other language in the Zoning Chapter in an effort to continue to modernize the City Code and improve accessibility for the public. This included: • providing review for major amendments to three existing Planned Unit Developments (PUDs)— Meadowbrook Elementary, Central Park West, and the McDonald’s on Winnetka Ave • approving two new conditional use permits— one for a credit union and the other for a Tesla dealership—and denying a proposed amend- ment to a third conditional use permit • recommending approval of a residential subdivi- sion and a lot combination that involved vacated City right-of-way • drafting rules authorizing a new outdoor service area use that allowed Schuller’s Tavern to obtain a permit to establish a seasonal outdoor patio 2022 OVERVIEW Golden Valley Business Center, 6300 Olson Memorial Hwy PLANNING APPLICATIONS CONSIDERED 18 STAFF-LED DISCUSSIONS/PRESENTATIONS 18 ZONING TEXT AMENDMENTS CONSIDERED 8 PLANNING COMMISSION MEETINGS Held: 19 Canceled: 5 24 BOARD OF ZONING APPEALS / 2022 Annual Report 5 2022 OVERVIEW The Commission also: • completed a small number of rezonings and land use changes as the alignment of the zoning map with the future land use map in the City’s 2040 Comprehensive Plan was realized • researched and advanced zoning text amend- ments to the City Council for consideration, including revisions to the regulations and permitting processes around mobile vending and improved requirements for screening and outdoor storage • spent a considerable amount of time carefully developing new zoning language that would allow construction of Accessory Dwelling Units (ADUs) while drafting restrictions that would limit potential impacts to adjacent properties • began the investigation of needed updates to the off-street parking section of Code In 2023, the Commission will look to: • complete its work on off-street parking and recommend new language for the City Council to consider • modernize the telecommunication rules for small cell antennas • change how site plan review is carried out for development projects • propose improvements to the public amenity point system for Planned Unit Developments Staff will continue to conduct education and training for Commissioners around racial equity in planning and zoning in coordination with the state planning chapter. 25 6 City of Golden Valley 2022 OVERVIEW 2022 ACTIVITY The information below attempts to capture in figures and graphs the Planning Commission’s activities over the past year. 26 BOARD OF ZONING APPEALS / 2022 Annual Report 7 2022 OVERVIEW 27 0 1,800 3,600900Feet IPrint Date: 3/3/2023Sources:-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers. PlanningApplication Years, 2018 - 2022 A Location Year !2022: 14 !2021: 20 !2020: 11 !2019: 8 !2018: 24 28 0 1,800 3,600900Feet IPrint Date: 3/3/2023Sources:-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers. PlanningApplication Types, 2018 - 2022 A Location Type "CUP: 22 "PUD/Major Amend: 11 !Platting (Subdivision/LotConsolidation): 18 !Rezoning: 12 !Platting Variance: 1 ¸Land Use Change: 10 ¸Site Plan Review: 2 ¸Outdoor Service Area: 1 29 10 City of Golden Valley STAFF-LED DISCUSSIONS/PRESENTATIONS • Annual Commissioner Orientation • Zoning Code: 13 • Outdoor Service Areas: 1 • Accessory Dwelling Units: 6 • Screening and Outdoor Storage: 1 • Mobile Uses: 2 • Off-Street Parking: 3 • Planned Unit Developments • Affordable Housing • Golden Valley Equity Plan • 2023–2032 Capital Improvement Program Item Description Outdoor Service Areas Allows the use of outdoor areas for restaurant or commercial sales in targeted zoning districts via a permit approved by the City Council Screening and Outdoor Storage Revisions to better deal with screening of rooftop mechanicals, parking lot storage on commercial lots, and idling vehicles Mobile Uses Two separate updates to allow for expanded mobile operations (beyond food trucks) and an improved system of annual registration and permitting THC Product Sales Changes to the zoning code to manage how and where THC products can be sold in Golden Valley Accessory Dwelling Units New regulations that allow the establishment of Accessory Dwelling Units in the R-1 and R-2 zoning districts (a number of restrictions limit the potential impacts to adjacent prop- erties) Board of Zoning Appeals Membership Adjustments to the zoning code text to align the Board of Zoning Appeals membership requirements with the City’s new term limits for Boards and Commissions Official Zoning Map Updates to the information presented on the City’s Official Zoning Map and a requirement that a digital version be posted on-line for download ZONING TEXT AMENDMENTS CONSIDERED 2022 OVERVIEW MINOR AMENDMENTS 0 ADMINISTRATIVE AMENDMENTS 0 OTHER PUD AMENDMENTS CONSIDERED (NOT REVIEWED BY PLANNING COMMISSION) 30 BOARD OF ZONING APPEALS / 2022 Annual Report 11 2022 OVERVIEW Item/Location Type Description Artessa Senior Cooperative Golden Valley Country Club Driving Range Land Use and Zoning Map Amendments, Subdivision Modify land use and zoning and subdivide to create a new lot for a senior co-op building Meadowbrook Elementary 5300 and 5430 Glenwood Ave Land Use and Zoning Map Amendments, Major PUD Amendment Modify land use and zoning and amend the existing PUD to incor- porate a new parcel into the campus and improve circulation Central Park West 1653 Utica Ave S Major PUD Amendment Subdivide existing outlot to create a separate parcel for the MCES lift station 7324 Harold Ave Subdivision Split one residential lot into two Schuller’s Tavern 7345 Country Club Dr Outdoor Service Area Permit Permit the establishment of an outdoor patio for seasonal restau- rant use BCU (Baxter Credit Union) 650 Douglas Dr CUP Allow the modification of a drive through bank building 4501 Merribee Dr Lot Combination Addition of vacated ROW to an existing single-family residential parcel McDonald’s 730 Winnetka Ave N Major PUD Amendment Modify the site layout to include a second queuing lane, make pe- destrian improvements, and renovate the building’s exterior Tesla 650 Ottawa Ave N CUP Allow the construction of an auto dealer and service center Shapco 1109 Zane Ave N CUP Amendment Request to remove an existing condition requiring maintenance of a vegetated buffer along the parking lot MAJOR PROJECTS REVIEWED PREVIOUSLY APPROVED PROJECTS THAT COMPLETED CONSTRUCTION IN 2022 2020: Franklin Center (Academy of Whole Learning), 1001 Boone Ave N 31 12 City of Golden Valley 2023 PROPOSED WORK PLAN ZONING CODE AMENDMENTS/UPDATES • Examine the Off-Street Parking section of City Code to align existing categories with new use tables, to revisit minimum parking requirements, and to consider new regulations around electric charging stations • Update the Telecommunications section of the Zoning Chapter to address small cell telecom • Consider changes to the City’s development process and expand the use of Site Plan Review to allow for a more timely and coordinated evalua- tion of proposed projects • Evaluate the current system of Public Amenity Points for Planned Unit Developments and pro- pose improvements that better align with desired community benefits • Monitor THC/cannabis legislation at the State level and be ready to amend zoning regulations in order to adapt to any new allowances related to sales or cultivation PLANNING APPLICATION REVIEW AND EVALUATION • Continue to review and make recommendations on land use applications as they are submitted to the City, including subdivision requests, Con- ditional Use Permits, and Planned Unit Develop- ments COMMISSIONER TRAINING AND EDUCATION • Continue Commissioner discussion and conver- sations around issues of racial equity in planning and zoning, including group viewings of the orig- inal TPT documentary, “Jim Crow of the North,” and all subsequent episodes • Conduct equity training coordinated with the City’s Equity and Inclusion Manager and the Di- versity and Equity Committee of the state chap- ter of the American Planning Association CITY COUNCIL-DIRECTED PROJECTS • Explore and propose a well-reasoned method for dividing the city into defined neighborhoods COMMISSIONER INITIATIVES • Work with staff to explore new and innovative planning concepts and to respond to the interests of individual Commissioners 32 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 21, 2023 Agenda Item 3D.2. Receive and File the Board of Zoning Appeals Annual Report Prepared By Myles Campbell, Planner Summary At the March 14, 2023, Council Work Session, Board of Zoning Appeals Chair Chris Carlson and Planning staff presented the 2022 Annual Report. Legal Considerations This report requires not legal review. Equity Considerations N/A Recommended Action Motion to receive and file the Board of Zoning Appeals Annual Report. Supporting Documents 2022 BZA Annual Report 33 THE CITY OF GOLDEN VALLEYBOARD OF ZONING APPEALS 2022 ANNUAL REPORT 34 2 City of Golden Valley PURPOSE, MISSION, & PRESCRIBED DUTIES The Board of Zoning Appeals (BZA) hears requests for variances from the requirements of the Zoning Code, which is Chapter 113 of the Golden Valley City Code. The BZA consists of five members that meet once a month if there are any petitions pending for action. A Planning Commissioner serves as the fifth member of the BZA. CRITERIA FOR ANALYSIS A variance may be granted when the petitioner for the variance establishes that there are practical difficulties in complying with this Chapter. “Practical difficulties,” as used in connection with the granting of a variance, means: • the property owner proposes to use the property in a reasonable manner not permitted by this Chapter • the plight of the property owner is due to circumstances unique to the property not created by the property owner • the variance, if granted, will not alter the essential character of the locality Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The BZA may not grant a variance that would allow any use not allowed for property in the Zoning District where the affected person’s land is located. The BZA may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. 35 BOARD OF ZONING APPEALS / 2022 Annual Report 3 TABLE OF CONTENTS 4 2022 Overview 8 Five-year summary: 2018–2022 COMMISSIONERS Chris Carlson, Chair (2023) Nancy Nelson, Vice Chair (2023) Richard Orenstein (2023) Kade Arms-Regenold (2023) Rotating Planning Commission Representative Vacancy, Youth Member Note: Terms run May 1-April 30 COUNCIL LIAISON Gillian Rosenquist CITY STAFF Marc Nevinski, Physical Development Director Myles Campbell, Planner Jason Zimmerman, Planning Manager Amie Kolesar, Planning Assistant 36 4 City of Golden Valley 2022 OVERVIEW Variances Considered - 25 In R-1 Residential Zoning District - 22 37 Laurel Ave Duluth St 10th Ave N Regent Ave NNoble Ave NOlympia St Western Ave Culver Rd 23rd Ave N Kelly DrWayzata Blvd Knoll St Plym ou th Ave N Sumter Ave NPennsylvania Ave NN Frontage Rd S cottQuebec Ave NValders Ave NCountry Club Dr 26th Ave N Sandburg Rd Zane Ave NManor DrWinsdale St Brunswick Ave N34th Ave N Boone Ave NEarl St Rd A veNBridgewaterRdTryol T railFlorida Ave NHanley RdGolden Hills Dr Lowry Ter Winnetka Ave SXerxes Ave NIndependence Ave NMajorDrZenith Ave NFlag Ave NWestwood Dr SWestbend Rd Sumter Ave SHampshire L nOrchard Ave NCircle Down Lindsay St NobleDrPoplar DrAve Heights Dr Heights Dr S Frontage R d Dres d e n L n Leg e ndDrFrontage RdBrookridgeAveNWinnetka Ave NLawn TerNatchez Ave SGettysburg Ave NMarket St Naper St Decatur Ave N Oregon Ave NKewanee W ay Pennsylvania Ave SDona Ln ArdmoreDrGlenwoodP k w y Tryol TrailWestbrook Rd M cN air Dr Phoenix St Ottawa Ave NThotland Rd Wisconsin Ave NUtah Ave SJersey Ave SBies DrWills PlColon i al DrEdgewood Ave NBassettCree k DrAdair Ave NJune Ave SNevada Ave NHarold Ave BrookviewPkwyNWynnwood Rd Lee Ave NTurners Cr ossroadNAquil aAveNMendelssohn Ave NBrookview Pkwy SE lm daleRd M ea nderRd Jersey Ave NSorell Ave Dakota Ave SVista DrKyleAveNWindsorWayAve SGoldenValley R o ad/CountyR o ad 66Highway 100Ros eMaryland Ave NAlfred Rd Cortlawn Cir SIdaho Ave NIndianaAve N7th Ave N Rhode Island Ave NBrunswick Ave SZ a n e Av e NBurntsideDrRoanokeRd WoodstockAve PerryAveNAve NTrailMedle y L n Georgia Ave NWally St Cutacross Rd Xenia Ave NHampshireKillarney DrKentucky Ave SJune Ave NZephyr PlLouisiana Ave SCloverLnC loverleafDr Clo v erleafDrLilacLoop MaryHillsDrFloridaAveSXylonAveNDecaturAveNKent uckyAveNTopelRd YorkAve NGreenValley Rd Chatelain T e r N o r m a n d y Bo n n i e L n Elgin Pl MerribeeDr Louisiana Ave NDuluthLn Marie Ln E Kalt ernLnOrkla DrLilacDrNToledoAveNM a rkayRidge WestbendRd FairlawnWayG o ldenValley R d Nevada Ave SMarieLn W WestmoreWay WolfberryLn HamptonRd YukonCtHampshireAve NKentleyAve Cortlawn Cir WWinnetka OregonAve SPlUnityAveNB a s s e t t C reek Dr BassettCreek Ln M innaq u aD rToledoA v e NWinfieldAveUnity Ave NB re n n er P a s s FaribaultSt ArcherAve N AdelineLn K in g s t o n C ir G o ld e n V a lle y D rVarnerCirValders Ct G reenview LnHampshire Ave NWinnetka Phoenix St Duluth St Wayzata BlvdWisconsinAveN Adell A v e MajorAveNZealandAveNEnsignAveNKelly DrXerxes Ave NKnoll St Lilac Dr NFlag Ave NRhode Island Ave NPlymouth Ave N Wayzata Blvd G o lden Valley R d Orkla DrWayzata BlvdAve NZealandAveNStCroixCirLeeAveNLamplighterLnSandburg LnMadisonAve W Lewis RdLilac Dr NHamptonRd Elgin Pl Boone Ave NCircleDownJersey Ave NWinsdale St OttawaAve NOlympia St Winnetka Heights Dr LilacDrNLouisiana Ave NKyleAveNNoble AveManor 10th Ave N RhodeIslandAveSHalfMoonDr OrdwayLaurel Pt Lo rin g L n Winsdale StZane Ave NHarold Ave FloridaAve NJerseyAve NParkview TerPh o en ix StWisconsin Ave NW a y zataBlvd FranceAve NHiddenL akesP k wyIsland DrTryolTrail Maryla ndAveNMedicine Lake Road / County Road 70 B e t t y CrockerDr RidgewayRdRhodeIslandAveNTerrace LnCastle CtFieldIndiana Ave NSchaper Rd Colonial Rd 24th Ave N 27th Ave N SussexRdKing Hill RdConstance Dr W25th Ave N SpringValley CirFrontena cAve SkylineDrSkyline DrHampshirePlCavellAveN Laurel Ave Ski Hill R d Me ridia n D r WesternTerLouisianaAve NColoradoS t M a rg a re t D rRoanoke CirCherokeeOak GroveQu e b e cAv e SKennethWay WasatchLnWelcomeTyrolCrest CortlawnCir N NatchezAveNBu r n t s id e DrG oldenV alleyRdGeneralMillsBlvdEdge w ood Ave SEdgewood Ave SEllis LnJonellen Ln WestwoodLn Gregory Cr est vi ewAveColoradoWis c o n si n A v e S Valley-woodCir Maryland Ave SMedicine Lake Road / County Road 70 SchullerGettysburgCt Vermont Ave SFloridaCtMajorCir PrincetonAve SValery RdBrogger CirGardenPark QuailAve NOrchardLouisiana Ave SWestern Ave Perry Ave NIdaho Ave NWayzata BlvdValders Ave NValders Ave NYosemiteAve NWinsdale St Decatur Ave NNatchezAve SG len w o o d P kw yOttawaAve SEdgewoodAve NSpringValleyRdSt Croix AveN Wat erfordDrMendelssohn Ave NManches te r Dr HeritageCir StCroix Ave N W el comeWinnetka Avenue North / County Road 156Douglas Drive / County Road 1021 Highway 1693 S F r o ntage Rd DuluthStreet /Count y R o ad 66 LaurelCurvEnsign Ave NOrchardAve NIdaho Ave NKnoll WestbrookRd Winsdale St BrunswickScott Ave NWynnwood Rd HillsboroAve NSunsetRid g e Dr Quebec St OttawaA v eSAngeloDrWoodlandTrailHiddenLakes P kwyWinsdaleSt AlpinePas sAvondaleRd Dou glasA ve QuentinAveSRavineMaddausLn LnKyle PlUnity Ave NToledoAveNSpruce TrWes tchesterCirCirCt WaterfordScottAveNDawnview Ter Dawnview Ter ConstanceDrELilac Dr NPlymouth Ave NWisconsinAveNMedley Rd 6 PaisleyLnGlendenTer P l Noble Ave NTer Byrd Ave N Parkvie w B lv dYork AveNMeadowLnSLilac Dr NAve NDuluth St Patsy Ln 2 3 H illsboroINDEX1 - English Cir2 - Kings Valley Rd3 - Kings Valley Rd E4 - Kings Valley Rd W5 - Marquis Rd6 - Mayfair Rd7 - Stroden Cir8 - Tamarin Tr CarriagePath M endelssohnLn N ValeCrestRdCir Cir TyrolTrail Janalyn Cir Glencrest RdJanalynCir StrawberryLn WestwoodDrNBe verly A v e Leber SunnyridgeLnMeadow Ln NMeadowLnN DahlbergD rWoodstock Ave Lilac DrNN Frontage R dHeath-brookeCir Le ge n dLn Bassett CreekD r Glenwood Avenue /Co u n tyRoad40WelcomeAveNWesleyCommons DrTheodo r e W i r thPkwyQuailAveNPerryAveNQuailAveNRegentAveNScottA v eN33rd Ave N L o wry Drake R d Trit onDr GlenwoodAvePennsylvania Ave NG oldenValleyRdJulianne Ter WesleyDr 4 5 6 7 8 8 2 2AveN ZealandAve NZealandAveNAquilaAveN Aquila Ave NMa ndanAv eNPlymouth Ave N OrklaDrKnol l S t Orkla DrValders Ave NMedley Cir AveS EwaldT e rK ingCreekRdH aroldAve LoringLn Woodstoc k A v e Yosemite CirYosemiteAveNXeniaAveSTurners Crossroad SRadissonRd Turnp i keRdTurnpikeRd B as s e tt Cre ekB l vdPaisleyLnPaisleyLn Alley AlleyH ig h w a y 1 0 0Highway 169I n t e r s t a t e -3 9 4 / H i g h w a y 1 2 In ters ta te-3 9 4 / H ig h w ay 1 2 Highway 55 / Olson Memorial HighwayHighway 55 / Olson Memorial Highway H ig h w a y 5 5 / O ls o n M e m o r ia l H ig h w a y !( !( !(!( !(!(!( !( !( !(!(!( !( !( !( !( !( !( !( !(!(!(!( !( !( !(!( !(!(0 1,800 3,600900Feet IPrint Date: 2/17/2023Sources:-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers. VarianceRequests Requests by Type,2022 !(Articulation !(Grading/Average Grade !(Envelope !(Front Setback !(Height !(Location !(Parking Setbacks !(Shoreland Setback !(Side Setback 38 Laurel Ave Duluth St 10th Ave N Regent Ave NNoble Ave NOlympia St Western Ave Culver Rd 23rd Ave N Kelly DrWayzata Blvd Knoll St Plym ou th Ave N Sumter Ave NPennsylvania Ave NN Frontage Rd S cottQuebec Ave NValders Ave NCountry Club Dr 26th Ave N Sandburg Rd Zane Ave NManor DrWinsdale St Brunswick Ave N34th Ave N Boone Ave NEarl St Rd A veNBridgewaterRdTryol T railFlorida Ave NHanley RdGolden Hills Dr Lowry Ter Winnetka Ave SXerxes Ave NIndependence Ave NMajorDrZenith Ave NFlag Ave NWestwood Dr SWestbend Rd Sumter Ave SHampshire L nOrchard Ave NCircle Down Lindsay St NobleDrPoplar DrAve Heights Dr Heights Dr S Frontage R d Dres d e n L n Leg e ndDrFrontage RdBrookridgeAveNWinnetka Ave NLawn TerNatchez Ave SGettysburg Ave NMarket St Naper St Decatur Ave N Oregon Ave NKewanee W ay Pennsylvania Ave SDona Ln ArdmoreDrGlenwoodP k w y Tryol TrailWestbrook Rd M cN air Dr Phoenix St Ottawa Ave NThotland Rd Wisconsin Ave NUtah Ave SJersey Ave SBies DrWills PlColon i al DrEdgewood Ave NBassettCree k DrAdair Ave NJune Ave SNevada Ave NHarold Ave BrookviewPkwyNWynnwood Rd Lee Ave NTurners Cr ossroadNAquil aAveNMendelssohn Ave NBrookview Pkwy SE lm daleRd M ea nderRd Jersey Ave NSorell Ave Dakota Ave SVista DrKyleAveNWindsorWayAve SGoldenValley R o ad/CountyR o ad 66Highway 100Ros eMaryland Ave NAlfred Rd Cortlawn Cir SIdaho Ave NIndianaAve N7th Ave N Rhode Island Ave NBrunswick Ave SZ a n e Av e NBurntsideDrRoanokeRd WoodstockAve PerryAveNAve NTrailMedle y L n Georgia Ave NWally St Cutacross Rd Xenia Ave NHampshireKillarney DrKentucky Ave SJune Ave NZephyr PlLouisiana Ave SCloverLnC loverleafDr Clo v erleafDrLilacLoop MaryHillsDrFloridaAveSXylonAveNDecaturAveNKent uckyAveNTopelRd YorkAve NGreenValley Rd Chatelain T e r N o r m a n d y Bo n n i e L n Elgin Pl MerribeeDr Louisiana Ave NDuluthLn Marie Ln E Kalt ernLnOrkla DrLilacDrNToledoAveNM a rkayRidge WestbendRd FairlawnWayG o ldenValley R d Nevada Ave SMarieLn W WestmoreWay WolfberryLn HamptonRd YukonCtHampshireAve NKentleyAve Cortlawn Cir WWinnetka OregonAve SPlUnityAveNB a s s e t t C reek Dr BassettCreek Ln M innaq u aD rToledoA v e NWinfieldAveUnity Ave NB re n n er P a s s FaribaultSt ArcherAve N AdelineLn K in g s t o n C ir G o ld e n V a lle y D rVarnerCirValders Ct G reenview LnHampshire Ave NWinnetka Phoenix St Duluth St Wayzata BlvdWisconsinAveN Adell A v e MajorAveNZealandAveNEnsignAveNKelly DrXerxes Ave NKnoll St Lilac Dr NFlag Ave NRhode Island Ave NPlymouth Ave N Wayzata Blvd G o lden Valley R d Orkla DrWayzata BlvdAve NZealandAveNStCroixCirLeeAveNLamplighterLnSandburg LnMadisonAve W Lewis RdLilac Dr NHamptonRd Elgin Pl Boone Ave NCircleDownJersey Ave NWinsdale St OttawaAve NOlympia St Winnetka Heights Dr LilacDrNLouisiana Ave NKyleAveNNoble AveManor 10th Ave N RhodeIslandAveSHalfMoonDr OrdwayLaurel Pt Lo rin g L n Winsdale StZane Ave NHarold Ave FloridaAve NJerseyAve NParkview TerPh o en ix StWisconsin Ave NW a y zataBlvd FranceAve NHiddenL akesP k wyIsland DrTryolTrail Maryla ndAveNMedicine Lake Road / County Road 70 B e t t y CrockerDr RidgewayRdRhodeIslandAveNTerrace LnCastle CtFieldIndiana Ave NSchaper Rd Colonial Rd 24th Ave N 27th Ave N SussexRdKing Hill RdConstance Dr W25th Ave N SpringValley CirFrontena cAve SkylineDrSkyline DrHampshirePlCavellAveN Laurel Ave Ski Hill R d Me ridia n D r WesternTerLouisianaAve NColoradoS t M a rg a re t D rRoanoke CirCherokeeOak GroveQu e b e cAv e SKennethWay WasatchLnWelcomeTyrolCrest CortlawnCir N NatchezAveNBu r n t s id e DrG oldenV alleyRdGeneralMillsBlvdEdge w ood Ave SEdgewood Ave SEllis LnJonellen Ln WestwoodLn Gregory Cr est vi ewAveColoradoWis c o n si n A v e S Valley-woodCir Maryland Ave SMedicine Lake Road / County Road 70 SchullerGettysburgCt Vermont Ave SFloridaCtMajorCir PrincetonAve SValery RdBrogger CirGardenPark QuailAve NOrchardLouisiana Ave SWestern Ave Perry Ave NIdaho Ave NWayzata BlvdValders Ave NValders Ave NYosemiteAve NWinsdale St Decatur Ave NNatchezAve SG len w o o d P kw yOttawaAve SEdgewoodAve NSpringValleyRdSt Croix AveN Wat erfordDrMendelssohn Ave NManches te r Dr HeritageCir StCroix Ave N W el comeWinnetka Avenue North / County Road 156Douglas Drive / County Road 1021 Highway 1693 S F r o ntage Rd DuluthStreet /Count y R o ad 66 LaurelCurvEnsign Ave NOrchardAve NIdaho Ave NKnoll WestbrookRd Winsdale St BrunswickScott Ave NWynnwood Rd HillsboroAve NSunsetRid g e Dr Quebec St OttawaA v eSAngeloDrWoodlandTrailHiddenLakes P kwyWinsdaleSt AlpinePas sAvondaleRd Dou glasA ve QuentinAveSRavineMaddausLn LnKyle PlUnity Ave NToledoAveNSpruce TrWes tchesterCirCirCt WaterfordScottAveNDawnview Ter Dawnview Ter ConstanceDrELilac Dr NPlymouth Ave NWisconsinAveNMedley Rd 6 PaisleyLnGlendenTer P l Noble Ave NTer Byrd Ave N Parkvie w B lv dYork AveNMeadowLnSLilac Dr NAve NDuluth St Patsy Ln 2 3 H illsboroINDEX1 - English Cir2 - Kings Valley Rd3 - Kings Valley Rd E4 - Kings Valley Rd W5 - Marquis Rd6 - Mayfair Rd7 - Stroden Cir8 - Tamarin Tr CarriagePath M endelssohnLn N ValeCrestRdCir Cir TyrolTrail Janalyn Cir Glencrest RdJanalynCir StrawberryLn WestwoodDrNBe verly A v e Leber SunnyridgeLnMeadow Ln NMeadowLnN DahlbergD rWoodstock Ave Lilac DrNN Frontage R dHeath-brookeCir Le ge n dLn Bassett CreekD r Glenwood Avenue /Co u n tyRoad40WelcomeAveNWesleyCommons DrTheodo r e W i r thPkwyQuailAveNPerryAveNQuailAveNRegentAveNScottA v eN33rd Ave N L o wry Drake R d Trit onDr GlenwoodAvePennsylvania Ave NG oldenValleyRdJulianne Ter WesleyDr 4 5 6 7 8 8 2 2AveN ZealandAve NZealandAveNAquilaAveN Aquila Ave NMa ndanAv eNPlymouth Ave N OrklaDrKnol l S t Orkla DrValders Ave NMedley Cir AveS EwaldT e rK ingCreekRdH aroldAve LoringLn Woodstoc k A v e Yosemite CirYosemiteAveNXeniaAveSTurners Crossroad SRadissonRd Turnp i keRdTurnpikeRd B as s e tt Cre ekB l vdPaisleyLnPaisleyLn Alley AlleyH ig h w a y 1 0 0Highway 169I n t e r s t a t e -3 9 4 / H i g h w a y 1 2 In ters ta te-3 9 4 / H ig h w ay 1 2 Highway 55 / Olson Memorial HighwayHighway 55 / Olson Memorial Highway H ig h w a y 5 5 / O ls o n M e m o r ia l H ig h w a y !( !( !(!( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !(!(!( !( !( !( !( !(!( !(!(0 1,800 3,600900Feet IPrint Date: 3/3/2023Sources:-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers. VarianceRequests Requests byDecision, 2022 !(Approved !(Denied !(Modified Approved !(No Data 39 Laurel Ave Duluth St 10th Ave N Regent Ave NNoble Ave NOlympia St Western Ave Culver Rd 23rd Ave N Kelly DrWayzata Blvd Knoll St Plym ou th Ave N Sumter Ave NPennsylvania Ave NN Frontage Rd S cottQuebec Ave NValders Ave NCountry Club Dr 26th Ave N Sandburg Rd Zane Ave NManor DrWinsdale St Brunswick Ave N34th Ave N Boone Ave NEarl St Rd A veNBridgewaterRdTryol T railFlorida Ave NHanley RdGolden Hills Dr Lowry Ter Winnetka Ave SXerxes Ave NIndependence Ave NMajorDrZenith Ave NFlag Ave NWestwood Dr SWestbend Rd Sumter Ave SHampshire L nOrchard Ave NCircle Down Lindsay St NobleDrPoplar DrAve Heights Dr Heights Dr S Frontage R d Dres d e n L n Leg e ndDrFrontage RdBrookridgeAveNWinnetka Ave NLawn TerNatchez Ave SGettysburg Ave NMarket St Naper St Decatur Ave N Oregon Ave NKewanee W ay Pennsylvania Ave SDona Ln ArdmoreDrGlenwoodP k w y Tryol TrailWestbrook Rd M cN air Dr Phoenix St Ottawa Ave NThotland Rd Wisconsin Ave NUtah Ave SJersey Ave SBies DrWills PlColon i al DrEdgewood Ave NBassettCree k DrAdair Ave NJune Ave SNevada Ave NHarold Ave BrookviewPkwyNWynnwood Rd Lee Ave NTurners Cr ossroadNAquil aAveNMendelssohn Ave NBrookview Pkwy SE lm daleRd M ea nderRd Jersey Ave NSorell Ave Dakota Ave SVista DrKyleAveNWindsorWayAve SGoldenValley R o ad/CountyR o ad 66Highway 100Ros eMaryland Ave NAlfred Rd Cortlawn Cir SIdaho Ave NIndianaAve N7th Ave N Rhode Island Ave NBrunswick Ave SZ a n e Av e NBurntsideDrRoanokeRd WoodstockAve PerryAveNAve NTrailMedle y L n Georgia Ave NWally St Cutacross Rd Xenia Ave NHampshireKillarney DrKentucky Ave SJune Ave NZephyr PlLouisiana Ave SCloverLnC loverleafDr Clo v erleafDrLilacLoop MaryHillsDrFloridaAveSXylonAveNDecaturAveNKent uckyAveNTopelRd YorkAve NGreenValley Rd Chatelain T e r N o r m a n d y Bo n n i e L n Elgin Pl MerribeeDr Louisiana Ave NDuluthLn Marie Ln E Kalt ernLnOrkla DrLilacDrNToledoAveNM a rkayRidge WestbendRd FairlawnWayG o ldenValley R d Nevada Ave SMarieLn W WestmoreWay WolfberryLn HamptonRd YukonCtHampshireAve NKentleyAve Cortlawn Cir WWinnetka OregonAve SPlUnityAveNB a s s e t t C reek Dr BassettCreek Ln M innaq u aD rToledoA v e NWinfieldAveUnity Ave NB re n n er P a s s FaribaultSt ArcherAve N AdelineLn K in g s t o n C ir G o ld e n V a lle y D rVarnerCirValders Ct G reenview LnHampshire Ave NWinnetka Phoenix St Duluth St Wayzata BlvdWisconsinAveN Adell A v e MajorAveNZealandAveNEnsignAveNKelly DrXerxes Ave NKnoll St Lilac Dr NFlag Ave NRhode Island Ave NPlymouth Ave N Wayzata Blvd G o lden Valley R d Orkla DrWayzata BlvdAve NZealandAveNStCroixCirLeeAveNLamplighterLnSandburg LnMadisonAve W Lewis RdLilac Dr NHamptonRd Elgin Pl Boone Ave NCircleDownJersey Ave NWinsdale St OttawaAve NOlympia St Winnetka Heights Dr LilacDrNLouisiana Ave NKyleAveNNoble AveManor 10th Ave N RhodeIslandAveSHalfMoonDr OrdwayLaurel Pt Lo rin g L n Winsdale StZane Ave NHarold Ave FloridaAve NJerseyAve NParkview TerPh o en ix StWisconsin Ave NW a y zataBlvd FranceAve NHiddenL akesP k wyIsland DrTryolTrail Maryla ndAveNMedicine Lake Road / County Road 70 B e t t y CrockerDr RidgewayRdRhodeIslandAveNTerrace LnCastle CtFieldIndiana Ave NSchaper Rd Colonial Rd 24th Ave N 27th Ave N SussexRdKing Hill RdConstance Dr W25th Ave N SpringValley CirFrontena cAve SkylineDrSkyline DrHampshirePlCavellAveN Laurel Ave Ski Hill R d Me ridia n D r WesternTerLouisianaAve NColoradoS t M a rg a re t D rRoanoke CirCherokeeOak GroveQu e b e cAv e SKennethWay WasatchLnWelcomeTyrolCrest CortlawnCir N NatchezAveNBu r n t s id e DrG oldenV alleyRdGeneralMillsBlvdEdge w ood Ave SEdgewood Ave SEllis LnJonellen Ln WestwoodLn Gregory Cr est vi ewAveColoradoWis c o n si n A v e S Valley-woodCir Maryland Ave SMedicine Lake Road / County Road 70 SchullerGettysburgCt Vermont Ave SFloridaCtMajorCir PrincetonAve SValery RdBrogger CirGardenPark QuailAve NOrchardLouisiana Ave SWestern Ave Perry Ave NIdaho Ave NWayzata BlvdValders Ave NValders Ave NYosemiteAve NWinsdale St Decatur Ave NNatchezAve SG len w o o d P kw yOttawaAve SEdgewoodAve NSpringValleyRdSt Croix AveN Wat erfordDrMendelssohn Ave NManches te r Dr HeritageCir StCroix Ave N W el comeWinnetka Avenue North / County Road 156Douglas Drive / County Road 1021 Highway 1693 S F r o ntage Rd DuluthStreet /Count y R o ad 66 LaurelCurvEnsign Ave NOrchardAve NIdaho Ave NKnoll WestbrookRd Winsdale St BrunswickScott Ave NWynnwood Rd HillsboroAve NSunsetRid g e Dr Quebec St OttawaA v eSAngeloDrWoodlandTrailHiddenLakes P kwyWinsdaleSt AlpinePas sAvondaleRd Dou glasA ve QuentinAveSRavineMaddausLn LnKyle PlUnity Ave NToledoAveNSpruce TrWes tchesterCirCirCt WaterfordScottAveNDawnview Ter Dawnview Ter ConstanceDrELilac Dr NPlymouth Ave NWisconsinAveNMedley Rd 6 PaisleyLnGlendenTer P l Noble Ave NTer Byrd Ave N Parkvie w B lv dYork AveNMeadowLnSLilac Dr NAve NDuluth St Patsy Ln 2 3 H illsboroINDEX1 - English Cir2 - Kings Valley Rd3 - Kings Valley Rd E4 - Kings Valley Rd W5 - Marquis Rd6 - Mayfair Rd7 - Stroden Cir8 - Tamarin Tr CarriagePath M endelssohnLn N ValeCrestRdCir Cir TyrolTrail Janalyn Cir Glencrest RdJanalynCir StrawberryLn WestwoodDrNBe verly A v e Leber SunnyridgeLnMeadow Ln NMeadowLnN DahlbergD rWoodstock Ave Lilac DrNN Frontage R dHeath-brookeCir Le ge n dLn Bassett CreekD r Glenwood Avenue /Co u n tyRoad40WelcomeAveNWesleyCommons DrTheodo r e W i r thPkwyQuailAveNPerryAveNQuailAveNRegentAveNScottA v eN33rd Ave N L o wry Drake R d Trit onDr GlenwoodAvePennsylvania Ave NG oldenValleyRdJulianne Ter WesleyDr 4 5 6 7 8 8 2 2AveN ZealandAve NZealandAveNAquilaAveN Aquila Ave NMa ndanAv eNPlymouth Ave N OrklaDrKnol l S t Orkla DrValders Ave NMedley Cir AveS EwaldT e rK ingCreekRdH aroldAve LoringLn Woodstoc k A v e Yosemite CirYosemiteAveNXeniaAveSTurners Crossroad SRadissonRd Turnp i keRdTurnpikeRd B as s e tt Cre ekB l vdPaisleyLnPaisleyLn Alley AlleyH ig h w a y 1 0 0Highway 169I n t e r s t a t e -3 9 4 / H i g h w a y 1 2 In ters ta te-3 9 4 / H ig h w ay 1 2 Highway 55 / Olson Memorial HighwayHighway 55 / Olson Memorial Highway H ig h w a y 5 5 / O ls o n M e m o r ia l H ig h w a y !( !( !(!( !(!(!( !( !( !(!(!( !( !( !( !( !( !( !( !(!(!(!( !( !( !(!( !(!(0 1,800 3,600900Feet IPrint Date: 2/17/2023Sources:-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers. VarianceRequests Requests by Project,2022 !(Accessory Structure !(Addition !(Deck !(Fence !(Garage/Garage Addition !(New Building !(Parking 40 8 City of Golden Valley FIVE-YEAR SUMMARY: 2018–2022 Variances Considered - 119 In R-1 Residential Zoning District 93 In R-2 Residential Zoning District 6 In Commercial Zoning District 6 In Mixed-Use Zoning District 2 In Institutional Zoning District 0 In Industrial Zoning District 1 In Light Industrial Zoning District 5 In Office Zoning District 6 41 BOARD OF ZONING APPEALS / 2022 Annual Report 9 FIVE-YEAR SUMMARY: 2018–2022 42 Laurel Ave Duluth St 10th Ave N Regent Ave NNoble Ave NOlympia St Western Ave Culver Rd 23rd Ave N Kelly DrWayzata Blvd Knoll St Plym ou th Ave N Sumter Ave NPennsylvania Ave NN Frontage Rd S cottQuebec Ave NValders Ave NCountry Club Dr 26th Ave N Sandburg Rd Zane Ave NManor DrWinsdale St Brunswick Ave N34th Ave N Boone Ave NEarl St Rd A veNBridgewaterRdTryol T railFlorida Ave NHanley RdGolden Hills Dr Lowry Ter Winnetka Ave SXerxes Ave NIndependence Ave NMajorDrZenith Ave NFlag Ave NWestwood Dr SWestbend Rd Sumter Ave SHampshire L nOrchard Ave NCircle Down Lindsay St NobleDrPoplar DrAve Heights Dr Heights Dr S Frontage R d Dres d e n L n Leg e ndDrFrontage RdBrookridgeAveNWinnetka Ave NLawn TerNatchez Ave SGettysburg Ave NMarket St Naper St Decatur Ave N Oregon Ave NKewanee W ay Pennsylvania Ave SDona Ln ArdmoreDrGlenwoodP k w y Tryol TrailWestbrook Rd M cN air Dr Phoenix St Ottawa Ave NThotland Rd Wisconsin Ave NUtah Ave SJersey Ave SBies DrWills PlColon i al DrEdgewood Ave NBassettCree k DrAdair Ave NJune Ave SNevada Ave NHarold Ave BrookviewPkwyNWynnwood Rd Lee Ave NTurners Cr ossroadNAquil aAveNMendelssohn Ave NBrookview Pkwy SE lm daleRd M ea nderRd Jersey Ave NSorell Ave Dakota Ave SVista DrKyleAveNWindsorWayAve SGoldenValley R o ad/CountyR o ad 66Highway 100Ros eMaryland Ave NAlfred Rd Cortlawn Cir SIdaho Ave NIndianaAve N7th Ave N Rhode Island Ave NBrunswick Ave SZ a n e Av e NBurntsideDrRoanokeRd WoodstockAve PerryAveNAve NTrailMedle y L n Georgia Ave NWally St Cutacross Rd Xenia Ave NHampshireKillarney DrKentucky Ave SJune Ave NZephyr PlLouisiana Ave SCloverLnC loverleafDr Clo v erleafDrLilacLoop MaryHillsDrFloridaAveSXylonAveNDecaturAveNKent uckyAveNTopelRd YorkAve NGreenValley Rd Chatelain T e r N o r m a n d y Bo n n i e L n Elgin Pl MerribeeDr Louisiana Ave NDuluthLn Marie Ln E Kalt ernLnOrkla DrLilacDrNToledoAveNM a rkayRidge WestbendRd FairlawnWayG o ldenValley R d Nevada Ave SMarieLn W WestmoreWay WolfberryLn HamptonRd YukonCtHampshireAve NKentleyAve Cortlawn Cir WWinnetka OregonAve SPlUnityAveNB a s s e t t C reek Dr BassettCreek Ln M innaq u aD rToledoA v e NWinfieldAveUnity Ave NB re n n er P a s s FaribaultSt ArcherAve N AdelineLn K in g s t o n C ir G o ld e n V a lle y D rVarnerCirValders Ct G reenview LnHampshire Ave NWinnetka Phoenix St Duluth St Wayzata BlvdWisconsinAveN Adell A v e MajorAveNZealandAveNEnsignAveNKelly DrXerxes Ave NKnoll St Lilac Dr NFlag Ave NRhode Island Ave NPlymouth Ave N Wayzata Blvd G o lden Valley R d Orkla DrWayzata BlvdAve NZealandAveNStCroixCirLeeAveNLamplighterLnSandburg LnMadisonAve W Lewis RdLilac Dr NHamptonRd Elgin Pl Boone Ave NCircleDownJersey Ave NWinsdale St OttawaAve NOlympia St Winnetka Heights Dr LilacDrNLouisiana Ave NKyleAveNNoble AveManor 10th Ave N RhodeIslandAveSHalfMoonDr OrdwayLaurel Pt Lo rin g L n Winsdale StZane Ave NHarold Ave FloridaAve NJerseyAve NParkview TerPh o en ix StWisconsin Ave NW a y zataBlvd FranceAve NHiddenL akesP k wyIsland DrTryolTrail Maryla ndAveNMedicine Lake Road / County Road 70 B e t t y CrockerDr RidgewayRdRhodeIslandAveNTerrace LnCastle CtFieldIndiana Ave NSchaper Rd Colonial Rd 24th Ave N 27th Ave N SussexRdKing Hill RdConstance Dr W25th Ave N SpringValley CirFrontena cAve SkylineDrSkyline DrHampshirePlCavellAveN Laurel Ave Ski Hill R d Me ridia n D r WesternTerLouisianaAve NColoradoS t M a rg a re t D rRoanoke CirCherokeeOak GroveQu e b e cAv e SKennethWay WasatchLnWelcomeTyrolCrest CortlawnCir N NatchezAveNBu r n t s id e DrG oldenV alleyRdGeneralMillsBlvdEdge w ood Ave SEdgewood Ave SEllis LnJonellen Ln WestwoodLn Gregory Cr est vi ewAveColoradoWis c o n si n A v e S Valley-woodCir Maryland Ave SMedicine Lake Road / County Road 70 SchullerGettysburgCt Vermont Ave SFloridaCtMajorCir PrincetonAve SValery RdBrogger CirGardenPark QuailAve NOrchardLouisiana Ave SWestern Ave Perry Ave NIdaho Ave NWayzata BlvdValders Ave NValders Ave NYosemiteAve NWinsdale St Decatur Ave NNatchezAve SG len w o o d P kw yOttawaAve SEdgewoodAve NSpringValleyRdSt Croix AveN Wat erfordDrMendelssohn Ave NManches te r Dr HeritageCir StCroix Ave N W el comeWinnetka Avenue North / County Road 156Douglas Drive / County Road 1021 Highway 1693 S F r o ntage Rd DuluthStreet /Count y R o ad 66 LaurelCurvEnsign Ave NOrchardAve NIdaho Ave NKnoll WestbrookRd Winsdale St BrunswickScott Ave NWynnwood Rd HillsboroAve NSunsetRid g e Dr Quebec St OttawaA v eSAngeloDrWoodlandTrailHiddenLakes P kwyWinsdaleSt AlpinePas sAvondaleRd Dou glasA ve QuentinAveSRavineMaddausLn LnKyle PlUnity Ave NToledoAveNSpruce TrWes tchesterCirCirCt WaterfordScottAveNDawnview Ter Dawnview Ter ConstanceDrELilac Dr NPlymouth Ave NWisconsinAveNMedley Rd 6 PaisleyLnGlendenTer P l Noble Ave NTer Byrd Ave N Parkvie w B lv dYork AveNMeadowLnSLilac Dr NAve NDuluth St Patsy Ln 2 3 H illsboroINDEX1 - English Cir2 - Kings Valley Rd3 - Kings Valley Rd E4 - Kings Valley Rd W5 - Marquis Rd6 - Mayfair Rd7 - Stroden Cir8 - Tamarin Tr CarriagePath M endelssohnLn N ValeCrestRdCir Cir TyrolTrail Janalyn Cir Glencrest RdJanalynCir StrawberryLn WestwoodDrNBe verly A v e Leber SunnyridgeLnMeadow Ln NMeadowLnN DahlbergD rWoodstock Ave Lilac DrNN Frontage R dHeath-brookeCir Le ge n dLn Bassett CreekD r Glenwood Avenue /Co u n tyRoad40WelcomeAveNWesleyCommons DrTheodo r e W i r thPkwyQuailAveNPerryAveNQuailAveNRegentAveNScottA v eN33rd Ave N L o wry Drake R d Trit onDr GlenwoodAvePennsylvania Ave NG oldenValleyRdJulianne Ter WesleyDr 4 5 6 7 8 8 2 2AveN ZealandAve NZealandAveNAquilaAveN Aquila Ave NMa ndanAv eNPlymouth Ave N OrklaDrKnol l S t Orkla DrValders Ave NMedley Cir AveS EwaldT e rK ingCreekRdH aroldAve LoringLn Woodstoc k A v e Yosemite CirYosemiteAveNXeniaAveSTurners Crossroad SRadissonRd Turnp i keRdTurnpikeRd B as s e tt Cre ekB l vdPaisleyLnPaisleyLn Alley AlleyH ig h w a y 1 0 0Highway 169I n t e r s t a t e -3 9 4 / H i g h w a y 1 2 In ters ta te-3 9 4 / H ig h w ay 1 2 Highway 55 / Olson Memorial HighwayHighway 55 / Olson Memorial Highway H ig h w a y 5 5 / O ls o n M e m o r ia l H ig h w a y !( !(!( !( !( !(!( !( !( !( !( !(!( !(!(!( !(!( !( !( !(!( !(!( !(!(!( !( !( !( !(!( !(!( !( !( !( !( !( !( !( !(!( !( !(!(!(!( !(!(!(!( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !(!( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !(!( !( !( !( !(!( !( !(!(!( !( !( !(!( !(!(!( !( !( !(!(!( !( !( !( !( !( !( !( !(!(!(!( !( !( !(!( !(!(0 1,800 3,600900Feet IPrint Date: 2/17/2023Sources:-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers. VarianceRequests Requests by Type,2018-2022 !(Articulation !(Grading/Average Grade !(Curb Cut !(Envelope !(Front Setback !(Height !(Impervious Surface !(Location !(Outdoor Lighting !(Parking !(Parking Setbacks !(Rear Setback !(Shoreland Setback !(Side Setback !(Size !(Width 43 Laurel Ave Duluth St 10th Ave N Regent Ave NNoble Ave NOlympia St Western Ave Culver Rd 23rd Ave N Kelly DrWayzata Blvd Knoll St Plym ou th Ave N Sumter Ave NPennsylvania Ave NN Frontage Rd S cottQuebec Ave NValders Ave NCountry Club Dr 26th Ave N Sandburg Rd Zane Ave NManor DrWinsdale St Brunswick Ave N34th Ave N Boone Ave NEarl St Rd A veNBridgewaterRdTryol T railFlorida Ave NHanley RdGolden Hills Dr Lowry Ter Winnetka Ave SXerxes Ave NIndependence Ave NMajorDrZenith Ave NFlag Ave NWestwood Dr SWestbend Rd Sumter Ave SHampshire L nOrchard Ave NCircle Down Lindsay St NobleDrPoplar DrAve Heights Dr Heights Dr S Frontage R d Dres d e n L n Leg e ndDrFrontage RdBrookridgeAveNWinnetka Ave NLawn TerNatchez Ave SGettysburg Ave NMarket St Naper St Decatur Ave N Oregon Ave NKewanee W ay Pennsylvania Ave SDona Ln ArdmoreDrGlenwoodP k w y Tryol TrailWestbrook Rd M cN air Dr Phoenix St Ottawa Ave NThotland Rd Wisconsin Ave NUtah Ave SJersey Ave SBies DrWills PlColon i al DrEdgewood Ave NBassettCree k DrAdair Ave NJune Ave SNevada Ave NHarold Ave BrookviewPkwyNWynnwood Rd Lee Ave NTurners Cr ossroadNAquil aAveNMendelssohn Ave NBrookview Pkwy SE lm daleRd M ea nderRd Jersey Ave NSorell Ave Dakota Ave SVista DrKyleAveNWindsorWayAve SGoldenValley R o ad/CountyR o ad 66Highway 100Ros eMaryland Ave NAlfred Rd Cortlawn Cir SIdaho Ave NIndianaAve N7th Ave N Rhode Island Ave NBrunswick Ave SZ a n e Av e NBurntsideDrRoanokeRd WoodstockAve PerryAveNAve NTrailMedle y L n Georgia Ave NWally St Cutacross Rd Xenia Ave NHampshireKillarney DrKentucky Ave SJune Ave NZephyr PlLouisiana Ave SCloverLnC loverleafDr Clo v erleafDrLilacLoop MaryHillsDrFloridaAveSXylonAveNDecaturAveNKent uckyAveNTopelRd YorkAve NGreenValley Rd Chatelain T e r N o r m a n d y Bo n n i e L n Elgin Pl MerribeeDr Louisiana Ave NDuluthLn Marie Ln E Kalt ernLnOrkla DrLilacDrNToledoAveNM a rkayRidge WestbendRd FairlawnWayG o ldenValley R d Nevada Ave SMarieLn W WestmoreWay WolfberryLn HamptonRd YukonCtHampshireAve NKentleyAve Cortlawn Cir WWinnetka OregonAve SPlUnityAveNB a s s e t t C reek Dr BassettCreek Ln M innaq u aD rToledoA v e NWinfieldAveUnity Ave NB re n n er P a s s FaribaultSt ArcherAve N AdelineLn K in g s t o n C ir G o ld e n V a lle y D rVarnerCirValders Ct G reenview LnHampshire Ave NWinnetka Phoenix St Duluth St Wayzata BlvdWisconsinAveN Adell A v e MajorAveNZealandAveNEnsignAveNKelly DrXerxes Ave NKnoll St Lilac Dr NFlag Ave NRhode Island Ave NPlymouth Ave N Wayzata Blvd G o lden Valley R d Orkla DrWayzata BlvdAve NZealandAveNStCroixCirLeeAveNLamplighterLnSandburg LnMadisonAve W Lewis RdLilac Dr NHamptonRd Elgin Pl Boone Ave NCircleDownJersey Ave NWinsdale St OttawaAve NOlympia St Winnetka Heights Dr LilacDrNLouisiana Ave NKyleAveNNoble AveManor 10th Ave N RhodeIslandAveSHalfMoonDr OrdwayLaurel Pt Lo rin g L n Winsdale StZane Ave NHarold Ave FloridaAve NJerseyAve NParkview TerPh o en ix StWisconsin Ave NW a y zataBlvd FranceAve NHiddenL akesP k wyIsland DrTryolTrail Maryla ndAveNMedicine Lake Road / County Road 70 B e t t y CrockerDr RidgewayRdRhodeIslandAveNTerrace LnCastle CtFieldIndiana Ave NSchaper Rd Colonial Rd 24th Ave N 27th Ave N SussexRdKing Hill RdConstance Dr W25th Ave N SpringValley CirFrontena cAve SkylineDrSkyline DrHampshirePlCavellAveN Laurel Ave Ski Hill R d Me ridia n D r WesternTerLouisianaAve NColoradoS t M a rg a re t D rRoanoke CirCherokeeOak GroveQu e b e cAv e SKennethWay WasatchLnWelcomeTyrolCrest CortlawnCir N NatchezAveNBu r n t s id e DrG oldenV alleyRdGeneralMillsBlvdEdge w ood Ave SEdgewood Ave SEllis LnJonellen Ln WestwoodLn Gregory Cr est vi ewAveColoradoWis c o n si n A v e S Valley-woodCir Maryland Ave SMedicine Lake Road / County Road 70 SchullerGettysburgCt Vermont Ave SFloridaCtMajorCir PrincetonAve SValery RdBrogger CirGardenPark QuailAve NOrchardLouisiana Ave SWestern Ave Perry Ave NIdaho Ave NWayzata BlvdValders Ave NValders Ave NYosemiteAve NWinsdale St Decatur Ave NNatchezAve SG len w o o d P kw yOttawaAve SEdgewoodAve NSpringValleyRdSt Croix AveN Wat erfordDrMendelssohn Ave NManches te r Dr HeritageCir StCroix Ave N W el comeWinnetka Avenue North / County Road 156Douglas Drive / County Road 1021 Highway 1693 S F r o ntage Rd DuluthStreet /Count y R o ad 66 LaurelCurvEnsign Ave NOrchardAve NIdaho Ave NKnoll WestbrookRd Winsdale St BrunswickScott Ave NWynnwood Rd HillsboroAve NSunsetRid g e Dr Quebec St OttawaA v eSAngeloDrWoodlandTrailHiddenLakes P kwyWinsdaleSt AlpinePas sAvondaleRd Dou glasA ve QuentinAveSRavineMaddausLn LnKyle PlUnity Ave NToledoAveNSpruce TrWes tchesterCirCirCt WaterfordScottAveNDawnview Ter Dawnview Ter ConstanceDrELilac Dr NPlymouth Ave NWisconsinAveNMedley Rd 6 PaisleyLnGlendenTer P l Noble Ave NTer Byrd Ave N Parkvie w B lv dYork AveNMeadowLnSLilac Dr NAve NDuluth St Patsy Ln 2 3 H illsboroINDEX1 - English Cir2 - Kings Valley Rd3 - Kings Valley Rd E4 - Kings Valley Rd W5 - Marquis Rd6 - Mayfair Rd7 - Stroden Cir8 - Tamarin Tr CarriagePath M endelssohnLn N ValeCrestRdCir Cir TyrolTrail Janalyn Cir Glencrest RdJanalynCir StrawberryLn WestwoodDrNBe verly A v e Leber SunnyridgeLnMeadow Ln NMeadowLnN DahlbergD rWoodstock Ave Lilac DrNN Frontage R dHeath-brookeCir Le ge n dLn Bassett CreekD r Glenwood Avenue /Co u n tyRoad40WelcomeAveNWesleyCommons DrTheodo r e W i r thPkwyQuailAveNPerryAveNQuailAveNRegentAveNScottA v eN33rd Ave N L o wry Drake R d Trit onDr GlenwoodAvePennsylvania Ave NG oldenValleyRdJulianne Ter WesleyDr 4 5 6 7 8 8 2 2AveN ZealandAve NZealandAveNAquilaAveN Aquila Ave NMa ndanAv eNPlymouth Ave N OrklaDrKnol l S t Orkla DrValders Ave NMedley Cir AveS EwaldT e rK ingCreekRdH aroldAve LoringLn Woodstoc k A v e Yosemite CirYosemiteAveNXeniaAveSTurners Crossroad SRadissonRd Turnp i keRdTurnpikeRd B as s e tt Cre ekB l vdPaisleyLnPaisleyLn Alley AlleyH ig h w a y 1 0 0Highway 169I n t e r s t a t e -3 9 4 / H i g h w a y 1 2 In ters ta te-3 9 4 / H ig h w ay 1 2 Highway 55 / Olson Memorial HighwayHighway 55 / Olson Memorial Highway H ig h w a y 5 5 / O ls o n M e m o r ia l H ig h w a y !( !( !( !(!( !( !(!(!( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !(!(!( !( !( !( !( !( !( !( !( !(!( !( !(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !(!( !(!(!( !( !( !( !(!(!( !( !(!( !( !( !( !( !( !(!( !( !(!(!( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!( !( !( !( !( !(!( !(!(0 1,800 3,600900Feet IPrint Date: 3/3/2023Sources:-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers. VarianceRequests Requests byDecision, 2018-2022 !(Approved !(Denied !(Modified Approved !(Tabled !(Withdrawn !(No Data 44 Laurel Ave Duluth St 10th Ave N Regent Ave NNoble Ave NOlympia St Western Ave Culver Rd 23rd Ave N Kelly DrWayzata Blvd Knoll St Plym ou th Ave N Sumter Ave NPennsylvania Ave NN Frontage Rd S cottQuebec Ave NValders Ave NCountry Club Dr 26th Ave N Sandburg Rd Zane Ave NManor DrWinsdale St Brunswick Ave N34th Ave N Boone Ave NEarl St Rd A veNBridgewaterRdTryol T railFlorida Ave NHanley RdGolden Hills Dr Lowry Ter Winnetka Ave SXerxes Ave NIndependence Ave NMajorDrZenith Ave NFlag Ave NWestwood Dr SWestbend Rd Sumter Ave SHampshire L nOrchard Ave NCircle Down Lindsay St NobleDrPoplar DrAve Heights Dr Heights Dr S Frontage R d Dres d e n L n Leg e ndDrFrontage RdBrookridgeAveNWinnetka Ave NLawn TerNatchez Ave SGettysburg Ave NMarket St Naper St Decatur Ave N Oregon Ave NKewanee W ay Pennsylvania Ave SDona Ln ArdmoreDrGlenwoodP k w y Tryol TrailWestbrook Rd M cN air Dr Phoenix St Ottawa Ave NThotland Rd Wisconsin Ave NUtah Ave SJersey Ave SBies DrWills PlColon i al DrEdgewood Ave NBassettCree k DrAdair Ave NJune Ave SNevada Ave NHarold Ave BrookviewPkwyNWynnwood Rd Lee Ave NTurners Cr ossroadNAquil aAveNMendelssohn Ave NBrookview Pkwy SE lm daleRd M ea nderRd Jersey Ave NSorell Ave Dakota Ave SVista DrKyleAveNWindsorWayAve SGoldenValley R o ad/CountyR o ad 66Highway 100Ros eMaryland Ave NAlfred Rd Cortlawn Cir SIdaho Ave NIndianaAve N7th Ave N Rhode Island Ave NBrunswick Ave SZ a n e Av e NBurntsideDrRoanokeRd WoodstockAve PerryAveNAve NTrailMedle y L n Georgia Ave NWally St Cutacross Rd Xenia Ave NHampshireKillarney DrKentucky Ave SJune Ave NZephyr PlLouisiana Ave SCloverLnC loverleafDr Clo v erleafDrLilacLoop MaryHillsDrFloridaAveSXylonAveNDecaturAveNKent uckyAveNTopelRd YorkAve NGreenValley Rd Chatelain T e r N o r m a n d y Bo n n i e L n Elgin Pl MerribeeDr Louisiana Ave NDuluthLn Marie Ln E Kalt ernLnOrkla DrLilacDrNToledoAveNM a rkayRidge WestbendRd FairlawnWayG o ldenValley R d Nevada Ave SMarieLn W WestmoreWay WolfberryLn HamptonRd YukonCtHampshireAve NKentleyAve Cortlawn Cir WWinnetka OregonAve SPlUnityAveNB a s s e t t C reek Dr BassettCreek Ln M innaq u aD rToledoA v e NWinfieldAveUnity Ave NB re n n er P a s s FaribaultSt ArcherAve N AdelineLn K in g s t o n C ir G o ld e n V a lle y D rVarnerCirValders Ct G reenview LnHampshire Ave NWinnetka Phoenix St Duluth St Wayzata BlvdWisconsinAveN Adell A v e MajorAveNZealandAveNEnsignAveNKelly DrXerxes Ave NKnoll St Lilac Dr NFlag Ave NRhode Island Ave NPlymouth Ave N Wayzata Blvd G o lden Valley R d Orkla DrWayzata BlvdAve NZealandAveNStCroixCirLeeAveNLamplighterLnSandburg LnMadisonAve W Lewis RdLilac Dr NHamptonRd Elgin Pl Boone Ave NCircleDownJersey Ave NWinsdale St OttawaAve NOlympia St Winnetka Heights Dr LilacDrNLouisiana Ave NKyleAveNNoble AveManor 10th Ave N RhodeIslandAveSHalfMoonDr OrdwayLaurel Pt Lo rin g L n Winsdale StZane Ave NHarold Ave FloridaAve NJerseyAve NParkview TerPh o en ix StWisconsin Ave NW a y zataBlvd FranceAve NHiddenL akesP k wyIsland DrTryolTrail Maryla ndAveNMedicine Lake Road / County Road 70 B e t t y CrockerDr RidgewayRdRhodeIslandAveNTerrace LnCastle CtFieldIndiana Ave NSchaper Rd Colonial Rd 24th Ave N 27th Ave N SussexRdKing Hill RdConstance Dr W25th Ave N SpringValley CirFrontena cAve SkylineDrSkyline DrHampshirePlCavellAveN Laurel Ave Ski Hill R d Me ridia n D r WesternTerLouisianaAve NColoradoS t M a rg a re t D rRoanoke CirCherokeeOak GroveQu e b e cAv e SKennethWay WasatchLnWelcomeTyrolCrest CortlawnCir N NatchezAveNBu r n t s id e DrG oldenV alleyRdGeneralMillsBlvdEdge w ood Ave SEdgewood Ave SEllis LnJonellen Ln WestwoodLn Gregory Cr est vi ewAveColoradoWis c o n si n A v e S Valley-woodCir Maryland Ave SMedicine Lake Road / County Road 70 SchullerGettysburgCt Vermont Ave SFloridaCtMajorCir PrincetonAve SValery RdBrogger CirGardenPark QuailAve NOrchardLouisiana Ave SWestern Ave Perry Ave NIdaho Ave NWayzata BlvdValders Ave NValders Ave NYosemiteAve NWinsdale St Decatur Ave NNatchezAve SG len w o o d P kw yOttawaAve SEdgewoodAve NSpringValleyRdSt Croix AveN Wat erfordDrMendelssohn Ave NManches te r Dr HeritageCir StCroix Ave N W el comeWinnetka Avenue North / County Road 156Douglas Drive / County Road 1021 Highway 1693 S F r o ntage Rd DuluthStreet /Count y R o ad 66 LaurelCurvEnsign Ave NOrchardAve NIdaho Ave NKnoll WestbrookRd Winsdale St BrunswickScott Ave NWynnwood Rd HillsboroAve NSunsetRid g e Dr Quebec St OttawaA v eSAngeloDrWoodlandTrailHiddenLakes P kwyWinsdaleSt AlpinePas sAvondaleRd Dou glasA ve QuentinAveSRavineMaddausLn LnKyle PlUnity Ave NToledoAveNSpruce TrWes tchesterCirCirCt WaterfordScottAveNDawnview Ter Dawnview Ter ConstanceDrELilac Dr NPlymouth Ave NWisconsinAveNMedley Rd 6 PaisleyLnGlendenTer P l Noble Ave NTer Byrd Ave N Parkvie w B lv dYork AveNMeadowLnSLilac Dr NAve NDuluth St Patsy Ln 2 3 H illsboroINDEX1 - English Cir2 - Kings Valley Rd3 - Kings Valley Rd E4 - Kings Valley Rd W5 - Marquis Rd6 - Mayfair Rd7 - Stroden Cir8 - Tamarin Tr CarriagePath M endelssohnLn N ValeCrestRdCir Cir TyrolTrail Janalyn Cir Glencrest RdJanalynCir StrawberryLn WestwoodDrNBe verly A v e Leber SunnyridgeLnMeadow Ln NMeadowLnN DahlbergD rWoodstock Ave Lilac DrNN Frontage R dHeath-brookeCir Le ge n dLn Bassett CreekD r Glenwood Avenue /Co u n tyRoad40WelcomeAveNWesleyCommons DrTheodo r e W i r thPkwyQuailAveNPerryAveNQuailAveNRegentAveNScottA v eN33rd Ave N L o wry Drake R d Trit onDr GlenwoodAvePennsylvania Ave NG oldenValleyRdJulianne Ter WesleyDr 4 5 6 7 8 8 2 2AveN ZealandAve NZealandAveNAquilaAveN Aquila Ave NMa ndanAv eNPlymouth Ave N OrklaDrKnol l S t Orkla DrValders Ave NMedley Cir AveS EwaldT e rK ingCreekRdH aroldAve LoringLn Woodstoc k A v e Yosemite CirYosemiteAveNXeniaAveSTurners Crossroad SRadissonRd Turnp i keRdTurnpikeRd B as s e tt Cre ekB l vdPaisleyLnPaisleyLn Alley AlleyH ig h w a y 1 0 0Highway 169I n t e r s t a t e -3 9 4 / H i g h w a y 1 2 In ters ta te-3 9 4 / H ig h w ay 1 2 Highway 55 / Olson Memorial HighwayHighway 55 / Olson Memorial Highway H ig h w a y 5 5 / O ls o n M e m o r ia l H ig h w a y !( !(!( !( !( !(!( !( !( !( !( !(!( !(!(!( !(!( !( !( !(!( !(!( !(!(!( !( !( !( !(!( !(!( !( !( !( !( !( !( !( !(!( !( !(!(!(!( !(!(!(!( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !(!( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !(!( !( !( !( !(!( !( !(!(!( !( !( !(!( !(!(!( !( !( !(!(!( !( !( !( !( !( !( !( !(!(!(!( !( !( !(!( !(!(0 1,800 3,600900Feet IPrint Date: 2/17/2023Sources:-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers. VarianceRequests Requests by Project,2018-2022 !(Accessory Structure !(Addition !(Deck !(Fence !(Garage/Garage Addition !(Mechanical Equipment !(New Building !(Outdoor Lighting !(Parking !(Paved Area !(Pool Addition !(Porch !(Tax Parcel Division 45 Laurel Ave Duluth St 10th Ave N Regent Ave NNoble Ave NOlympia St Western Ave Culver Rd 23rd Ave N Kelly DrWayzata Blvd Knoll St Plym ou th Ave N Sumter Ave NPennsylvania Ave NN Frontage Rd S cottQuebec Ave NValders Ave NCountry Club Dr 26th Ave N Sandburg Rd Zane Ave NManor DrWinsdale St Brunswick Ave N34th Ave N Boone Ave NEarl St Rd A veNBridgewaterRdTryol T railFlorida Ave NHanley RdGolden Hills Dr Lowry Ter Winnetka Ave SXerxes Ave NIndependence Ave NMajorDrZenith Ave NFlag Ave NWestwood Dr SWestbend Rd Sumter Ave SHampshire L nOrchard Ave NCircle Down Lindsay St NobleDrPoplar DrAve Heights Dr Heights Dr S Frontage R d Dres d e n L n Leg e ndDrFrontage RdBrookridgeAveNWinnetka Ave NLawn TerNatchez Ave SGettysburg Ave NMarket St Naper St Decatur Ave N Oregon Ave NKewanee W ay Pennsylvania Ave SDona Ln ArdmoreDrGlenwoodP k w y Tryol TrailWestbrook Rd M cN air Dr Phoenix St Ottawa Ave NThotland Rd Wisconsin Ave NUtah Ave SJersey Ave SBies DrWills PlColon i al DrEdgewood Ave NBassettCree k DrAdair Ave NJune Ave SNevada Ave NHarold Ave BrookviewPkwyNWynnwood Rd Lee Ave NTurners Cr ossroadNAquil aAveNMendelssohn Ave NBrookview Pkwy SE lm daleRd M ea nderRd Jersey Ave NSorell Ave Dakota Ave SVista DrKyleAveNWindsorWayAve SGoldenValley R o ad/CountyR o ad 66Highway 100Ros eMaryland Ave NAlfred Rd Cortlawn Cir SIdaho Ave NIndianaAve N7th Ave N Rhode Island Ave NBrunswick Ave SZ a n e Av e NBurntsideDrRoanokeRd WoodstockAve PerryAveNAve NTrailMedle y L n Georgia Ave NWally St Cutacross Rd Xenia Ave NHampshireKillarney DrKentucky Ave SJune Ave NZephyr PlLouisiana Ave SCloverLnC loverleafDr Clo v erleafDrLilacLoop MaryHillsDrFloridaAveSXylonAveNDecaturAveNKent uckyAveNTopelRd YorkAve NGreenValley Rd Chatelain T e r N o r m a n d y Bo n n i e L n Elgin Pl MerribeeDr Louisiana Ave NDuluthLn Marie Ln E Kalt ernLnOrkla DrLilacDrNToledoAveNM a rkayRidge WestbendRd FairlawnWayG o ldenValley R d Nevada Ave SMarieLn W WestmoreWay WolfberryLn HamptonRd YukonCtHampshireAve NKentleyAve Cortlawn Cir WWinnetka OregonAve SPlUnityAveNB a s s e t t C reek Dr BassettCreek Ln M innaq u aD rToledoA v e NWinfieldAveUnity Ave NB re n n er P a s s FaribaultSt ArcherAve N AdelineLn K in g s t o n C ir G o ld e n V a lle y D rVarnerCirValders Ct G reenview LnHampshire Ave NWinnetka Phoenix St Duluth St Wayzata BlvdWisconsinAveN Adell A v e MajorAveNZealandAveNEnsignAveNKelly DrXerxes Ave NKnoll St Lilac Dr NFlag Ave NRhode Island Ave NPlymouth Ave N Wayzata Blvd G o lden Valley R d Orkla DrWayzata BlvdAve NZealandAveNStCroixCirLeeAveNLamplighterLnSandburg LnMadisonAve W Lewis RdLilac Dr NHamptonRd Elgin Pl Boone Ave NCircleDownJersey Ave NWinsdale St OttawaAve NOlympia St Winnetka Heights Dr LilacDrNLouisiana Ave NKyleAveNNoble AveManor 10th Ave N RhodeIslandAveSHalfMoonDr OrdwayLaurel Pt Lo rin g L n Winsdale StZane Ave NHarold Ave FloridaAve NJerseyAve NParkview TerPh o en ix StWisconsin Ave NW a y zataBlvd FranceAve NHiddenL akesP k wyIsland DrTryolTrail Maryla ndAveNMedicine Lake Road / County Road 70 B e t t y CrockerDr RidgewayRdRhodeIslandAveNTerrace LnCastle CtFieldIndiana Ave NSchaper Rd Colonial Rd 24th Ave N 27th Ave N SussexRdKing Hill RdConstance Dr W25th Ave N SpringValley CirFrontena cAve SkylineDrSkyline DrHampshirePlCavellAveN Laurel Ave Ski Hill R d Me ridia n D r WesternTerLouisianaAve NColoradoS t M a rg a re t D rRoanoke CirCherokeeOak GroveQu e b e cAv e SKennethWay WasatchLnWelcomeTyrolCrest CortlawnCir N NatchezAveNBu r n t s id e DrG oldenV alleyRdGeneralMillsBlvdEdge w ood Ave SEdgewood Ave SEllis LnJonellen Ln WestwoodLn Gregory Cr est vi ewAveColoradoWis c o n si n A v e S Valley-woodCir Maryland Ave SMedicine Lake Road / County Road 70 SchullerGettysburgCt Vermont Ave SFloridaCtMajorCir PrincetonAve SValery RdBrogger CirGardenPark QuailAve NOrchardLouisiana Ave SWestern Ave Perry Ave NIdaho Ave NWayzata BlvdValders Ave NValders Ave NYosemiteAve NWinsdale St Decatur Ave NNatchezAve SG len w o o d P kw yOttawaAve SEdgewoodAve NSpringValleyRdSt Croix AveN Wat erfordDrMendelssohn Ave NManches te r Dr HeritageCir StCroix Ave N W el comeWinnetka Avenue North / County Road 156Douglas Drive / County Road 1021 Highway 1693 S F r o ntage Rd DuluthStreet /Count y R o ad 66 LaurelCurvEnsign Ave NOrchardAve NIdaho Ave NKnoll WestbrookRd Winsdale St BrunswickScott Ave NWynnwood Rd HillsboroAve NSunsetRid g e Dr Quebec St OttawaA v eSAngeloDrWoodlandTrailHiddenLakes P kwyWinsdaleSt AlpinePas sAvondaleRd Dou glasA ve QuentinAveSRavineMaddausLn LnKyle PlUnity Ave NToledoAveNSpruce TrWes tchesterCirCirCt WaterfordScottAveNDawnview Ter Dawnview Ter ConstanceDrELilac Dr NPlymouth Ave NWisconsinAveNMedley Rd 6 PaisleyLnGlendenTer P l Noble Ave NTer Byrd Ave N Parkvie w B lv dYork AveNMeadowLnSLilac Dr NAve NDuluth St Patsy Ln 2 3 H illsboroINDEX1 - English Cir2 - Kings Valley Rd3 - Kings Valley Rd E4 - Kings Valley Rd W5 - Marquis Rd6 - Mayfair Rd7 - Stroden Cir8 - Tamarin Tr CarriagePath M endelssohnLn N ValeCrestRdCir Cir TyrolTrail Janalyn Cir Glencrest RdJanalynCir StrawberryLn WestwoodDrNBe verly A v e Leber SunnyridgeLnMeadow Ln NMeadowLnN DahlbergD rWoodstock Ave Lilac DrNN Frontage R dHeath-brookeCir Le ge n dLn Bassett CreekD r Glenwood Avenue /Co u n tyRoad40WelcomeAveNWesleyCommons DrTheodo r e W i r thPkwyQuailAveNPerryAveNQuailAveNRegentAveNScottA v eN33rd Ave N L o wry Drake R d Trit onDr GlenwoodAvePennsylvania Ave NG oldenValleyRdJulianne Ter WesleyDr 4 5 6 7 8 8 2 2AveN ZealandAve NZealandAveNAquilaAveN Aquila Ave NMa ndanAv eNPlymouth Ave N OrklaDrKnol l S t Orkla DrValders Ave NMedley Cir AveS EwaldT e rK ingCreekRdH aroldAve LoringLn Woodstoc k A v e Yosemite CirYosemiteAveNXeniaAveSTurners Crossroad SRadissonRd Turnp i keRdTurnpikeRd B as s e tt Cre ekB l vdPaisleyLnPaisleyLn Alley AlleyH ig h w a y 1 0 0Highway 169I n t e r s t a t e -3 9 4 / H i g h w a y 1 2 In ters ta te-3 9 4 / H ig h w ay 1 2 Highway 55 / Olson Memorial HighwayHighway 55 / Olson Memorial Highway H ig h w a y 5 5 / O ls o n M e m o r ia l H ig h w a y !( !(!( !( !( !(!( !( !( !( !( !(!( !(!(!( !(!( !( !( !(!( !(!( !(!(!( !( !( !( !(!( !(!( !( !( !( !( !( !( !( !(!( !( !(!(!(!( !(!(!(!( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !(!( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !(!( !( !( !( !(!( !( !(!(!( !( !( !(!( !(!(!( !( !( !(!(!( !( !( !( !( !( !( !( !(!(!(!( !( !( !(!( !(!(0 1,800 3,600900Feet IPrint Date: 2/17/2023Sources:-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers. VarianceRequests Requests by Year !(2018 !(2019 !(2020 !(2021 !(2022 46 14 City of Golden Valley FIVE-YEAR SUMMARY: 2018–2022 Variance Type Description Front Yard Setback Requests to build structures within 35 feet of the front yard property line in R-1, R-2, and Institutional Districts. Institutional Districts also require that at least 25 feet be landscaped and maintained as a buffer zone. Side Yard Setback Requests to build structures within the side yard setback area, which ranges from 5 feet to 50 feet depending on the type of structure and the Zoning District. Rear Yard Setback Requests to build structures within the rear yard setback area, which ranges from 5 feet to 50 feet depending on the type of structure and the Zoning District. Articulation Requests to waive articulation requirement, which requires inward or outward articulation of 2 feet in depth and 8 feet in length for every 32 feet of side wall on homes in the R-1 and R-2 Zoning Districts. Height Requests to build principal structures over the maximum height requirement, which ranges from 25 to 28 feet depending on the type of roof and the Zoning District. Fence Height Requests to build fences over the maximum height requirements, which ranges from 4 to 12 feet depending on the location on the property (front yard or side/rear yard) and the Zoning District. Building Envelope Requests to build a structure beyond the maximum building envelope, which is defined for properties within the R-1 and R-2 Zoning Districts. This includes the 2:1 or 4:1 slope requirement when the structure is taller than 15 feet at the side yard setback line. Accessory Structure Location Requests to build a garage, shed, or other accessory structure in a location that is not completely to the rear of the principal structure or in a location that is not at least 10 feet from the principal structure. Accessory Structure Size Requests to build a garage, shed, or other accessory structures above the allowable limit of 1,000 square feet in R-1, R-2, and Institutional Zoning Districts. Accessory Structure Height Requests to build a garage, shed, or other accessory structures above the maximum height requirements, which is 10 feet in the R-1, R-2, and Institutional Zoning Districts. Garage Width Request to build a garage in the R-2 District that is wider than 65 percent of the width of the front façade Average Grade Requests to change the average grade of a property by more than 1 foot. Shoreland Setback Requests to build a structure within the minimum shoreland setbacks, which are larger than standard front, side, and rear setbacks. Impervious Surface Requests to construct additional impervious surface beyond the maximum allowable, which is 50 percent of the lot in R-1 and R-2 and 60 percent in R-3 and R-4 Zoning Districts. Minimum Parking Request to build or use an existing parking lot or garage with a number of parking spaces that is less than the minimum required based on the use of the property. TYPES OF VARIANCES CONSIDERED 47 BOARD OF ZONING APPEALS / 2022 Annual Report 15 FIVE-YEAR SUMMARY: 2018–2022 Variance Type Description Outdoor Lighting Request regarding the total amount of foot candles of light produced by lighting systems, the amount of allowed light trespass, or other issues relating to lighting systems. Roadway Width Requests to build a private roadway or drive aisles above or below the maximum and mini- mum required widths respectively. Added Curb Cut Requests to allow additional access from public rights-of-way then what is typically al- lowed by code. TYPES OF VARIANCES CONSIDERED 48 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 21, 2023 Agenda Item 3D.3. Adopt Resolution No. 23-015 Approving an Appointment to the Bassett Creek Watershed Management Commission Prepared By Eric Eckman, Environmental Resources Supervisor Summary In accordance with Minnesota State Statutes and the bylaws of the Bassett Creek Watershed Management Commission (BCWMC), the City Council appoints by Resolution a Commissioner and an Alternate Commissioner to represent the City of Golden Valley on the BCWMC. Current Commissioner Stacy Harwell resigned from the position on March 16, 2023 after serving as the City's representative for approximately 11 years. Commissioner Harwell's many contributions are summarized in the attached resolution of appreciation from the BCWMC. Alternate Commissioner Paula Pentel expressed interest in serving as Commissioner for the remainder of the term ending January 31, 2024. If approved, staff will begin advertising for the Alternate Commissioner position. Financial or Budget Considerations None Legal Considerations This item does not require legal review. Equity Considerations None Recommended Action Motion to adopt Resolution No. 23-015 appointing Paula Pentel as Commissioner to the Bassett Creek Watershed Management Commission. Supporting Documents Resolution No. 23-015 Appointing BCWMC Commissioner BCWMC Resolution of Appreciation Harwell 49 RESOLUTION NO. 23-015 RESOLUTION APPOINTING PAULA PENTEL AS COMMISSIONER TO THE BASSETT CREEK WATERSHED MANAGEMENT COMMISSION WHEREAS, the City of Golden Valley is a member of the Bassett Creek Watershed Management Commission (the “BCWMC”); and WHEREAS, the BCWMC serves as the duly constituted watershed management organization for the Bassett Creek watershed pursuant to the Metropolitan Surface Water Management Act, and is charged with responsibility for the management of storm water to protect persons and property from flooding and to protect and preserve the water quality of lakes, streams and wetlands of the Bassett Creek Watershed and downstream receiving waters; and WHEREAS, the City of Golden Valley has adopted a Joint Powers Agreement joining the BCWMC; and WHEREAS, every three years the City Council appoints a Commissioner and Alternate Commissioner to represent the City of Golden Valley on the BCWMC; and WHEREAS, the City of Golden Valley’s Commissioner Stacy Harwell resigned from the Commission on March 16, 2023; and WHEREAS, the City of Golden Valley’s Alternate Commissioner Paula Pentelhas expressed interest in serving as Commissioner for the remainder of the term ending January 31, 2024. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that Paula Pentel is hereby appointed as Commissioner to the Bassett Creek Watershed Management Commission. Adopted by the City Council of Golden Valley, Minnesota this 21st day of March 2023. ____________________________ Shepard M. Harris, Mayor ATTEST: _______________________________ Theresa Schyma, City Clerk 50 BASSETT CREEK WATERSHED MANAGEMENT COMMISSION A RESOLUTION OF APPRECIATION FOR THE SERVICES OF STACY HARWELL TO THE BASSETT CREEK WATERSHED MANAGEMENT COMMISSION WHEREAS, the Bassett Creek Watershed Management Commission (the “Commission”) is a joint powers organization formed by the cities of Crystal, Golden Valley, Medicine Lake, Minneapolis, Minnetonka, New Hope, Plymouth, Robbinsdale and St. Louis Park; and WHEREAS, the Commission serves as the duly constituted watershed management organization for the Bassett Creek watershed pursuant to the Metropolitan Surface Water Management Act); and WHEREAS, under the Act and the Commission’s joint powers agreement the Commission is charged with responsibility for the management of storm water to protect persons and property from flooding and to protect and preserve the water quality of lakes, streams and wetlands of the Bassett Creek Watershed and downstream receiving waters; and WHEREAS, Stacy Harwell served as a representative from the City of Golden Valley for more than eleven years from February 2012 to March 2023; and WHEREAS, Stacy served as Commission Treasurer for eight years and as Commission Secretary/Treasurer for two years; and WHEREAS, Stacy actively participated in Commission meetings, lent her expertise, and provided significant advice to the Commission, particularly on hydraulic and hydrologic modeling, often as a liaison on the Technical Advisory Committee; and WHEREAS, Stacy participated on several Commission committees during her tenure including the Education Committee, Budget Committee, Administrative Services Committee, Aquatic Plant Management – Aquatic Invasive Species Committee, and the CIP Prioritization Committee; and WHEREAS, Stacy actively participated in outreach efforts and engaged with watershed residents at events in Golden Valley; and WHEREAS, Stacy gave generously of her time and talents, without compensation, to protect and improve the environment and to serve the public with integrity, vision, and respect for others. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Bassett Creek Watershed Management Commission, its member cities, and the public hereby express its sincere and grateful appreciation to Stacy Harwell for her distinguished service to the public. Adopted by the Board of Commissioners of the Bassett Creek Watershed Management Commission this 16th day of March, 2023. _________________________________ Chair 51 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 21, 2023 Agenda Item 3E.1. Approve Contract for Tree Trimming and Removal with Bratt Tree Company Prepared By Tim Kieffer, Public Works Director Al Lundstrom, Park Maintenance Superintendent Tim Teynor, City Forester Summary The City contracts for tree trimming and removal when city staff is unable to perform the work due to hazardous conditions, scope of work is beyond staff’s capabilities, or specialized equipment is required. The current contract approved by Council on December 6, 2022, was terminated because the contractor couldn’t fulfill the terms of the agreement. Therefore, staff proposes to award the contract to the second lowest quote, which is $103,525 from Bratt Tree Company. Financial or Budget Considerations The 2023 Forestry operating budget (1646.6440) includes $110,000 for tree trimming and removals. Legal Considerations The City Attorney has reviewed and approved the contract. Equity Considerations Staff solicited quotes from sixty-seven professional tree contractors, including fifty-three Disadvantaged Business Enterprises using the Minnesota Unified Certification Program database. Recommended Action Motion to authorize the Mayor and City Manager to execute a contract for tree trimming and removal with Bratt Tree Company in the form approved by the City Attorney. Supporting Documents Contract for Tree Trimming and Removal with Bratt Tree Company 52 1 CONTRACT FOR TREE TRIMMING AND REMOVAL WITH BRATT TREE COMPANY THIS AGREEMENT is made this 21st day of March, 2023 (the “Effective Date”) by and between Bratt Tree Company, a tree care company with its principal place of business at 2230 East 35 th Street, Minneapolis, MN 55407 (“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 trimming, collecting, removing, and disposing of trees. B. The City desires to hire Contractor to trim, collect, remove, and dispose of trees. 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 Contractorto provide the workdescribed in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE,in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1.The Work.Contractor shall perform the work more fully described in the attached Exhibit A (the “Work”). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. Contractor shall at all times keep the premises free from accumulation of waste materials and debris caused by Contractor’s operations. 2.Time for Completion.Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the City’s authorized agent according to the schedule set forth in Exhibit A (the “Contract Time”). Contractor shall notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time. 3.Consideration.In consideration of the performance of the Work, the City shall pay to Contractor the amount set forth in the attached Exhibit C (the “Contract Price”). The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of projects undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty (30) days after receiving a statement from Contractor. 53 2 4.Extra Work.Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the Contract Price for the Work. 5.Contract Documents.The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary specifications All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 6.Expense Reimbursement.Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into the Contract Price, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 7.Approvals.Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 8.Protection of Persons and Property.Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 9.Acceptance of the Work. All of Contractor’s work and labor shall be subject to the inspection and approval of the City. The City’s authorized agent shall be the sole and final judge of the fitness of the Work and its acceptability. Any payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility for the construction and delivery of the Work. No payment shall be made to Contractor until the Work has been accepted. 54 3 10.Warranty.Contractor represents and warrants that it has the requisite training, skills, and experience necessary to complete the Work, is appropriately licensed by all applicable agencies and governmental entities, and will complete the Work in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar work. Contractor further represents and warrants to the City that the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or equipment not conforming to these requirements may be considered defective. Contractor shall promptly correct any defective Work. Costs of correcting such defective Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for any additional services and expenses made necessary thereby, shall be at Contractor’s expense. Contractor’s warranty shall exclude remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. 11.Termination.This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated by the City or amended pursuant to this Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’sfailure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractorfor Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 12.Amendments.No amendments may be made to this Agreement except in a writing signed by both parties. 13.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. 14.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. 55 4 15.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 actionsof any kind,nature, or character; damages; losses; andcosts, 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. 16.Insurance.Contractor shall maintain reasonable insurance coverage throughout this Agreement. Before it may perform any Work under this Agreement, Contractor shall procure and maintain at a minimum: a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard, providing coverage for claims including: i.Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii.Personal and advertising injury; iii.Damages because of physical damage to or destruction of property, including loss of use of such property; iv.Bodily injury or property damage arising out of completed operations; and v.Contractor’s indemnity obligations under this Agreement. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’written notice in the case of non-payment. 56 5 17.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 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. 18.Performance and Payment Bond.Prior to Commencement of the Work, Contractor shall make, execute and deliver to the City corporate surety bonds in a form acceptable to the City, in the sum of $101,025.00 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. 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 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, whichContractor is to perform and is customarily engaged inthe independent performance of the same or similar workfor 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. Contractoris 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.Contractorshall exercise due professionalcare to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor’sguests, 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 57 6 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 forany 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. 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. Contractoragrees 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. Contractoragrees to hold harmless and indemnify the City from costs, 58 7 including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 30.Authorized Agents.The City’s authorized agent for purposes of administration of this contract is Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is Brent Blanske, 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 Bratt Tree Company 2423 East 26th Street Minneapolis, MN 55406 brent@bratttree.com City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 tkieffer@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 32.Waiver.No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 33.Headings.The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 34.Payment of Subcontractors.Contractor agrees to pay all laborers employed and all subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to pay any claims and demands for labor and materials, the City may apply the monies due to Contractor toward paying and satisfying such claims and demands. The City has the right to apply monies due to Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against Contractor. The amount of such payments shall be deducted from the balance due to the Contractor. Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%) per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 59 8 35.Severability.In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 36.Signatory.Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 37.Counterparts and Electronic Communication.This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (pdf) and signatures appearing on electronic mail instruments shall be treated as original signatures. 38.Recitals.The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF,the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. BRATT TREE COMPANY:CITY OF GOLDEN VALLEY: By: _________________________________ Brent Blanske, General Manager By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager 60 9 EXHIBIT A SCOPE OF WORK 1.Work. The Work shall include all labor and equipment necessary for tree trimming, tree and stump removal, disposal, and restoration. The Work shall occur on public property but may occur on private property with the City’s authority. 2.Schedule.Contractor shall complete the Work according to the following schedule: a. Phase 1 – January 1, 2023 to December 31, 2023 b. Phase 2 – January 1, 2024 to December 31, 2024 Contractor shall complete the Work to minimize inconvenience to residents, businesses, and the traveling public. The City’s authorized agent shall issue a work order to perform the Work. The work order shall include the location, species, and size of trees to trim or remove. The Contractor shall submit a schedule to the City’s authorized agent for review and approval within three (3) business days from the issuance of the work order. The Contractor shall begin the Work within one (1) week from the issuance of the Work order and be completed within ten (10) consecutive working days as defined by MnDOT Specification 1103. The City’s authorized agent may require Work to be done at other times if it is deemed to be in the best interest of the City. No request for additional compensation due to this requirement will be accepted. Failure to have the Work completed under these requirements shall result in the City charging theContractor, and withhold from any monies due to Contractor, liquidated damages in the amount of $250 per calendar day until all the Work is completed. 3.Tree Marking. Trees to be removed shallbe marked with an orange(elm, oak) or green (ash)band around the trunk. A work order for tree removal shall include the status of each tree, size, and date it shall be removed. A work order for tree trimming shall include the address, species, and diameter. 4.Tree Removal.Tree removalshall include, but not be limited to, removal of tree and stump, debris, utility coordination, disposal at a site selected by the Contractor and approved by the City’s authorized agent, and restoration as described herein. No trees, logs, branches, or debris shall be left on public right-of-way or private property overnight. 5.Private Property/Forced Removal. The City has the authority to order property owners to remove infected trees located on private property to prevent spread of diseased trees. Upon notification that a tree is diseased, the property owner may choose to remove the tree with their own contractor or the City, after 20 days, will remove the tree. Tree removals conducted on private property will be classified as “Forced Removals". Forced Removal operations will be restricted to curbside. No vehicular machinery or equipment will be allowed on premises without the permission of the property owner. Tree(s) must be removed by manual labor and all work performed will be subject to the contract requirements and specifications herein. Removals on private property shall be completed the same day they are started. Written permission must be obtained to use adjacent property for access to and from the work site. 61 10 6.Stump Removal and Restoration. Stumps on public property must be removed by chipping/grinding a depth of not less than six (6) inches below ground level. The above ground portion shall be debarked if the stump cannot be removed by chipping. Surface roots larger than two (2) inches in diameter will be chipped or removed by ax to a depth of not less than four (4) inches below ground level. Any mound left by the stump or surrounding turf shall be chipped (or spaded) in such a manner as to level the entire area of the removed stump. The contractor shall remove all debris caused by the stump removal operation. Stumps on private property shall be cut flush to the ground. If this is impossible, the above ground portion shall be debarked, and the excess material removed. The contractor shall contact the owner indicating the availability and cost of such services if complete stump removal is desired by the property owner. A separate agreement for stump removal shall be made between the contractor and the property owner with no affiliation to the Work. Stumps shall be removed properly within two (2) weeks of the tree removal. In no case shall a stump hole not be filled properly with black dirt for longer than twenty-four (24) hours. The contractor will furnish and spread a minimum of four (4) inches of topsoil meeting the requirements of MnDOT Specification 3877.2.C Premium Topsoil over the area of the removed stump in such a manner so as not to leave a depression and plant grass seed in this area. 7.Tree Trimming. Tree trimming shall be done in a competent manner in accordance with the National Arboriculture Standards from the American National Standards Institute and International Society of Arboriculture and subject to the approval of the City’s authorized agent. Tree trimming shall improve the natural health and appearance by eliminating present conflicts while preventing future problems. All aspects of the tree trimming shall be related to the shaping of the tree to its natural and characteristic form. No "topping" of the tree shall be allowed. The trimming shall primarily involve a thinning operation including: a. Removal of dead, diseased, damaged, or weakened branches b. Removal of water sprouts and suckers on the trunk and main scaffold branches c. Removal of other competing and interfering branches such as: i.Branches growing in toward the center of the crown ii.Branches competing with the main leader(s) iii.Branches occupying space in the periphery of the crown required by other branches for development d. Removal of low hanging branches and limbs including those interfering with private property vegetation or structures e. Removal of old pruning stubs and re-cutting or shaping of old pruning wounds or injuries 8.Disposal/Disease and Pest Control.Contractor may collect, transport, and deposit collected debrisat the City Designated Collection Facility located at 9305 10th Avenue North, Golden Valley, MN 55427. Contractor shall make reasonable efforts to keep the areas outside of the designated storage site at theCity Designated Collection Facility free of debris. Contractor shall stack the debris in an organized manner such that the debris is oriented in a uniform direction for efficient transfer. Trees, logs, wood, limbs, branches, and brush designated as being infected with Dutch Elm or Oak Wilt diseases shall be removed and promptly disposed of to a Minnesota Department of Natural Resources approved disposal 62 11 site in accordance with the prescribed practices approved by the Commissioner of the Minnesota Department of Natural Resources or debarked, chipped, burned or buried within 24 hours from the time of removal. 63 12 EXHIBIT B SPECIAL CONDITIONS 1.Responsible Contractor Certification. Contractor and subcontractor(s) shall be a “responsible contractor” as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a “responsible contractor” and will be ineligibleto perform the Work. Contractor and subcontractor(s) are that make a false statement verifying compliance with any of the minimum criteria shall result in the termination of this Agreement. 2.Safety Precautions and Accident Prevention. Contractor shall observe and comply with all requirements to the safety of the workforce to be employed on the project. Contractor shall comply with all safety measures recommended and required by any governmental agency, including the Department of Labor and Industry, Division of Accident Prevention of the Industrial Commission of Minnesota, and with the requirements of the Workmen's Compensation Act and any amendments thereto. Attention is called to the other paragraphs of these Special Conditions covering safety precautions and accident prevention. Contractor shall be responsible for all safety issues on this project. Contractor shall comply with instructions from the City for implementing any additional safety-related requirements. 3.Temporary Traffic Control Devices. Contractor, at its own expense, shall furnish and deploy temporary traffic control signs and devices in accordance with the provisions of the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) when the Work occurs on or adjacent to any street, alley or public place. Contractor shall, at Contractor’s own cost and expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons and property and of the work as is necessary. A sufficient number of devices shall be erected to keep vehicles from driving into the work zone and to warn pedestrians and children of the existence of the Work. Contractor shall be responsible for all damages, costs to repair, fees or other losses due to failure of barricades, signs, or lights. Contractor shall be solely responsible for the maintenance of barricades, signs and devices. 4.DOT Compliance. All of Contractor’s drivers performing work for the City must be in compliance with the Minnesota Department of Transportation (“DOT”) requirements related to holding a Commercial Driver’s License (CDL). Contractor shall be responsible for ensuring its own compliance with all applicable DOT regulations and requirements, including but not limited to DOT regulations related to drug testing and the maintenance of drug testing records. Contractor shall indemnify and hold harmless the City for any finesor penaltiesincurred as a result of Contractor’s failure to comply with DOT requirements as set forth above. It shall be Contractor’s responsibility to comply and provide evidence to the City of DOT compliance upon request. 5.Hours of Operation. Contractor shall perform the Work Monday through Friday from 7:00 a.m. to 7:00 p.m., excluding holidays. 6.Notification. The Contractor shall notify the City’s authorized agent 24 hours prior to commencing any part of the Work. 7.Noise Elimination. Contractor shall eliminate noise to the greatest extent possible at all times. Air compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the manufacturer. 64 13 8.Payment.Payment for all items for this project shall be by the unit price as stated herein Exhibit C. The estimated quantities on the Proposal form are for determination of the lowest cost for the Work. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the amount budgeted by the City. No claims for extra compensation due to increased or decreased quantities shall be considered. 9.Contract Time Extension.Contractor shall perform fully, entirely, and in an acceptable manner, the Work within the Contract Time stated in thisAgreement.If Contractor determines it is impossible to complete the Work within the Contract Time, Contractor shall request an extension from the City, in writing, prior to end of the Contract Time. Contractor’s extension request shall detail fully in the reasons for the requested extension. The City, in its sole discretion, may grant or deny Contractor’s extension request. The City will only grant extension requests if the Workhas been delayed by circumstancesbeyond Contractor’scontrol, or if theMaterial quantities substantially exceed the estimated quantities. 10.Risk of Loss. Contractor acknowledges that it will bear all risk of loss with regard to its performance under this Agreement, including without limitation, the cost of losses caused by delays attributable to Contractor, breakdowns of trucks, equipment and the acts or omissions of Contractor’s employees. 11.Locating Utilities. Contractor shall obtain field locations or other assistance as may be required to determine the existence and location of gas mains and other private utilities, as well as, public utilities of the City, County or State, which may be underground or overhead within street and highway rights-of-way or within easements and which may be interfered with by the Work prior to the Work. Existing underground, surface or overhead structures are not necessarily shown on the Plans; and those shown are only correct to the level of accuracy permitted by the locations both from field located and record drawings, established by the utility owners. The City does not assume any responsibility for the accuracy of the disclosed locations. Contractor shall be responsible for all verifying all utility location by contacting Gopher State One-Call (651.454.0002) prior to beginning the Work. Contractor shall also make such investigations as are necessary to determine the extent to which existing structures may interfere with the Work. Contractor shall not claim or be entitled to receive compensation for any damages sustained by reason of the inaccuracy of the omission of any of the information given relative to the surface, overhead or underground structures or by reason of Contractor’s failure to properly protect and maintain such structures. 12.Utility Conflicts.Contractor shall coordinate its efforts with private utility companies so the Work can be done in a timely manner. Contractor shall schedule or redirect its Work to ensure that utility company relocates, installations, and/or removals do not impede progress of the Work. Contractor waives claims for any and all costs or damages due to alleged delay, disruption, or acceleration; and releases the City from any such claims, to the extent the claim is due to the failure of any private utility with facilities affected by the Workto promptly relocate, remove, or adjust such facilities. It is anticipated that some facilities will be in conflict with the Work on this project that Contractor will be expected to guard and protect these facilities. No claims for extra compensation to perform the Work are due to conflicts with in-place utilities shall be considered. Likewise, no claim for delays due to conflicts with in-place utilities shall be considered. 13.Mobilization (2021). The mobilization shall be included in the base price in all aspects of the Work per unit price herein Exhibit C. No additional compensation will be considered for mobilization. 65 14 14.Care of Work.All work under this contract shall be accomplished with reasonable care and minimal damage to the Work and affected properties. The Contractor shall provide quality cleanup after removal and repair of any damage done by the Contractor’s equipment. 15.Protection and Restoration of Property. Where the work passes over or through private property, the City may secure license, right of entry, right-of-way agreement or easement. The Contractor shall not receive any extra compensation or be entitled to any extras because of delay on the part of the City in obtaining right of entry, right-of-way or easement. The Contractor shall, at the Contractor’s own expense, protect and restore any public or private property damaged or injured in consequence of any act or omission on the Contractor’s part or on the part of the Contractor’s employees, to a condition equal to or better than that existing before such damage or injury was done. If the Contractor neglects to restore or make good such damage or injury, the City may, upon forty-eight (48) hours notice, proceed to restore or make good such damage or injury and to order the cost thereof deducted from any monies that are or may come due the Contractor. 16.Manual References. The Specifications which apply to the Work shown in the Plans shall be as follows: a. Special Conditions herein Exhibit A, B, and C. b. The most current edition of the Minnesota Manual on Uniform Traffic Control Devices and its supplements. c. Division I, 1507 (Utility Property and Service) and Division I, 1512 (Unacceptable and unauthorized work) of the Minnesota Department of Highways Standard Specification for Construction, 2018 Edition and its supplements, shall apply, except as modified or supplemented herein. d. Division II (Construction Details) and Division III (Materials) of the Minnesota Department of Highways Standard Specification for Construction, 2018 Edition and its supplements, shall apply, except as modified or supplemented herein. 17.Tree and Landscape Preservation. Contractor shall protect existing trees and shrubbery that may be impacted by the Work, including but not limited to, cutting, breaking, wounding or scraping of trunks and branches; excess foot or vehicular traffic; or parking of vehicles within their drip lines. All branches that have been damaged by Contractor shall be properly trimmed in accordance with National Arboriculture Standards by the end of the workday. Contractor shall have on-site an approved wound dressing to be applied to freshly cut branch ends immediately (within 10 minutes) after damage to prevent Oak Wilt disease and Emerald Ash Borer infestation.Contractor shall also notify the City’s authorized agentimmediately of any damaged branches. Wound dressing will not be permitted for any other situation other than oaks or ashes damaged by construction before July 1. Contractor shall coordinate all such work with the City’s authorized agent. 18.Turf Establishment (2575). Turf establishment shall be performed in accordance with the Provisions of MnDOT Specification 2575, except as modified herein. Four inches (4”) of topsoil meeting the requirements of MnDOT Specification 3877 shall be included in the unit price. The Contractor shall take reasonable measures to ensure topsoil is placed to the thickness required. Topsoil provided shall be free of debris, rocks in excess of one half-inch diameter, large organic material or other materials that do not contribute to plant growth. Evidence of such deleterious materials shall be cause for rejection and replacement at Contractor expense. 66 15 EXHIBIT C PROPOSAL Contractor certifies that an examination has been made of the scope and location of work and proposes to furnish all necessary machinery, equipment, tools, labor and other means for the Work and to furnish all materials specified in the manner and at the time prescribed in the Contract Documents. Contractor understands that the quantities shown herein are approximate only and are subject to increase or decrease. Contractor further understands all quantities, whether increased or decreased, shallbe performed at the unit pricesbelow.The cost of hauling to the dumpsite and the cost of dumping material at the site shall be included in the prices bid for the equipment. Section A: Public Property Tree Trimming Description Units Estimated Quantity Price/Unit Bid Amount Under 10” Diameter at Breast Height (DBH)Tree 5 $125.00 $625.00 11” –20” DBH Tree 15 $175.00 $2,625.00 21” –30” DBH Tree 15 $325.00 $4,875.00 31” –40” DBH Tree 10 $475.00 $4,750.00 41” –50” DBH Tree 10 $625.00 $6,250.00 Over 51” DBH Tree 5 $725.00 $3,625.00 Total Section A Base Bid $22,750.00 67 16 Section B: Public Property Tree Removal Description Units Estimated Quantity Price/Unit Bid Amount Under 10” Diameter at Breast Height (DBH)Tree 15 $425.00 $6,375.00 11” –20” DBH Tree 20 $725.00 $14,500.00 21” –30” DBH Tree 20 $1,250.00 $25,000.00 31” –40” DBH Tree 10 $1,650.00 $16,500.00 41” –50” DBH Tree 2 $2,650.00 $5,300.00 Over 51” DBH Tree 2 $3,200.00 $6,400.00 Total Section B Base Bid $74,075.00 Section C: Private Property Tree (“Forced”) Removal Description Units Estimated Quantity Price/Unit Bid Amount Under 15” Diameter at Breast Height (DBH)Tree 1 $575.00 $575.00 16” –25” DBH Tree 1 $1,225.00 $1,225.00 Over 26” DBH Tree 1 $2,400.00 $2,400.00 Total Section C Base Bid $4,200.00 Section D: Stump Removal Description Units Estimated Quantity Price/Unit Bid Amount Stump Removal Inch 500 $5.00 $2,500.00 Total Section D Base Bid $2,500.00 Total Base Bid (Sections A, B, C, and D)$103,525.00 68 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 21, 2023 Agenda Item 3E.2. Award Contract for 2023 Crack Sealing Project #23-05 to Allied Blacktop Company Prepared By RJ Kakach, Assistant City Engineer Tim Kieffer, Public Works Director Summary The City’s Pavement Management Program (PMP) addresses the needs of the City’s streets. The program includes asphalt maintenance, rehabilitation, and reconstruction. Through this program, timely and cost-effective measures are taken to construct and extend pavement life. As asphalt pavement ages, it is subject to the weathering effects of water, air, cold winters, and hot summers. As pavement naturally expands and contracts through the seasons, it forms thermal cracks that extend from one edge of the street to the other. Crack sealing is a maintenance effort in which an elastic polymeric material is placed inside of the pavement cracks. This is done to prevent water seepage into the pavement and subgrade and in turn substantially extends the life of the pavement. Crack sealant lasts approximately 2-5 years. The City’s 2023 Crack Sealing Project will be located in Maintenance Zone 2, as shown on the attached map. Quotes for the 2023 Crack Sealing Project City Improvement Project 23-05 were received on March 7, 2023 and are listed below: Allied Blacktop Company $65,700 SealTech, Inc.$65,800 Northwest Asphalt and Maintenace $75,700 Fahrner Asphalt Sealers $98,200 American Pavement Solutions $112,500 Staff has reviewed the quotes and found them to be accurate and in order. Financial or Budget Considerations Funding for this project is in the 2023 Street Maintenance Budget (1440.6440) which includes $220,500 for miscellaneous contractual street maintenance such as striping, concrete shaving, pavement preservation and crack sealing. 69 Legal Considerations The contract template has been reviewed by the City Attorney. Equity Considerations The project was advertised to numerous different companies to give all an equal opportunity to provide a quote for the project. Recommended Action Motion to authorize the Mayor and City Manager to execute a construction agreement with Allied Blacktop Company in the form approved by the City Attorney for the 2023 Crack Sealing Project #23-05 in the amount of $65,700. Supporting Documents 2023 Crack Seal Map Area 1 PSA for 2023 Crack Seal Project with Allied Blacktop 70 Du lu th St 10th A ve N Olym pia St Kelly DrKnoll StSumter Ave NPennsylvania Ave NQuebec Ave NValders Ave NCountry Club Dr Sandburg Rd Zane Ave NWinsdale St Brunswick Ave NFlorida Ave NWestbend Rd Hampshire L nLindsay St Winnetka Ave N Oregon Ave NPho en ix S t Th otla nd Rd Edgewood Ave NAdair Ave NNevada Ave NBrookviewPkwyNWynnwood Rd Turners Cr ossroadNMeanderRd Jersey Ave NMaryland Ave NIdaho Ave NRhode Island Ave NGeorgia Ave NCirUnityAveND awnv i ew Ter BrookridgeAveNWinfieldAveManches te r Dr Westbrook RdLamplighterLn W el comeWinnetka Avenue North / County Road 156Lewis RdHalfMoonDr RidgewayRdRhodeIslandAveNSki Hill R d PaisleyLnLoringLn Woodstoc k A v e Cutacross Rd Xenia Ave NKe nt uckyAveNTopelRd Gre enValley Rd Louisiana Ave NDuluthLn WestmoreWay WolfberryLn HampshireAve NKen tleyAve FaribaultSt ArcherAve N K in g s t o n C irVarnerCirValders Ct G reenview LnHampshire Ave NWinnetka Phoenix St Kelly DrKnoll St Lilac Dr NRhode Island Ave NPlymouth Ave N Lilac Dr NJersey Ave NWinn etka Heigh ts Dr Louisiana Ave NZane Ave NHarold Ave FloridaAve NJerseyAve NP h o e n ix S tLouisianaAve NGlenden ValeCrestRdN Frontage Rd Ave NWes tchesterCirCloverLnLilacLoop G oldenV alleyRdHeritageCir StCroix Ave N ConstanceDrEAve NWelcomeAveNDouglas Drive / County Road 102WinsdaleSt Sandburg LnMa disonAve W H aroldAve Yosemite CirYosemiteAveNOak GroveKennethWay WelcomeEllis LnJonellen Ln ColoradoValley-wo odCir Medicine Lake Road / County Road 70 SchullerIdaho Ave NValders Ave NYosemiteAve NWinsdale St EdgewoodAve NIdaho Ave NKnoll WestbrookRd BrunswickWynnwood Rd Unity Ave NTer St Heights Dr 25th Ave N Lilac DrNLilacDrNS t C ro ix AveNToledoAveNLilac Dr NLilac Dr NAveConstance Dr WCir Z a n e Av e NCir Unity Ave NHighway 100GlenwoodAvePennsylvania Ave NG oldenValleyRdMaryla ndAveNHampshirePl Plymouth Ave N Orkla DrValders Ave NS F r o n tag e RdWesleyCommons DrBa s s e tt Cre ekB l vdPaisleyLnPaisleyLn Highway 55 / Olson Memorial Highway DuluthStreet /Count y R o a d 6 6 2023 Crack SealLocation Map Area 1 0 900 1,800450Feet Print Date: 1/18/2023Sources:-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers.I Crack Seal Area Crack Seal Chip Sealed Road MnD OT H ighway Hennepin C ounty Street Other Street 71 1 CONTRACT FOR 2023 CRACK SEALING CITY OF GOLDEN VALLEY PROJECT NUMBER 23-05 THIS AGREEMENT is made this 21st day of March, 2023 (the “Effective Date”) by and between Allied Blacktop Company, an asphalt maintenance company located at 10503 89th Avenue North, Maple Grove, Minnesota (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A.Contractor is engaged in the business of asphalt pavement crack sealing. B.The City desires to hire Contractor to furnish and apply crack sealant. C.Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D.The City desires to engage Contractor to provide the work described in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1.The Work. Contractor shall perform the work more fully described in the attached Exhibit A (the “Work”). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. 2.Time for Completion. The Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the City’s engineer between May 1st and July 14, 2023 (the “Contract Time”). Contractor shall to notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time. 3.Consideration. The consideration, which the City shall pay to Contractor according to the details set forth in the attached Exhibit C. The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty (30) days after receiving a statement from Contractor. 72 2 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. 73 3 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. 74 4 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: 75 5 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 76 6 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. 77 7 26.Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Work. 27.Agreement Not Exclusive. The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City’s sole discretion. 28.Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 29.No Discrimination. Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 30.Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is Matthew Dolecki, 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 Allied Blacktop Company 10503 89th Avenue North Maple Grove, MN 55369 m.dolecki@alliedincmn.com THE CITY 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. 78 8 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. 79 9 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. CITY OF GOLDEN VALLEY: ALLIED BLACKTOP COMPANY: By: _________________________________ Name: ______________________________ Title: _______________________________ By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager 80 EXHIBIT A SCOPE OF WORK The Work will consist of sawing or routing, measuring, cleaning and sealing cracks in the existing bituminous pavement. Contractor shall provide certification that the sealant meets the requirements of MNDOT Standard Specification 3723. The crack sealant compound shall be packaged in sealed containers. Each container shall be clearly marked with the name of the manufacturer, the trade name of the sealant, the manufacturer’s batch and lot number, the pouring temperature, and the safe heating temperature. A copy of the manufacturer’s recommendations pertaining to the heating and application of the joint sealant material shall be submitted to the Engineer prior to commencement of work. These recommendations shall be adhered to and followed by Contractor. The temperature of the sealer in the field application equipment shall never exceed the safe heating temperature recommended by the manufacturer. Any given quantity of material shall not be heated at the pouring temperature for more than six (6) hours and shall never be reheated. Sealing shall not proceed if the temperature of the material has not reached or has fallen below the manufacturer’s recommended minimum application temperature. Mixing of different manufacturer’s brands or different types of sealant shall be prohibited. The “Blow & Go” installation method will be used when cracks fit one or more of the following criteria: a. Crack is in a roadway that has previously received a chip seal b. Crack has previously been crack sealed and the existing crack seal has failed. The Location Map, herein Exhibit A, identifies roadways to be cracked sealed as part of the project. The Location Map does not identify roadways that have previously received sealcoat or crack seal treatments. If existing crack sealing material in these areas is still in satisfactory condition, those cracks shall not be resealed. Roadways that have previously been sealcoated, shall utilize the “Blow & Go” method. Cracks identified as "Blow & Go" shall be cleaned of all weeds, debris, and dirt by Contractor prior to sealing. The “Saw/Route & Seal” installation method will be used when cracks are present in a pavement that has not been previously chip sealed or crack sealed, as shown in Exhibit A. All cracks to be sawn/routed, measured, cleaned and sealed ¾ inch wide by a depth of ¾ inch shall be approved by the Engineer. The sawing/routing, cleaning and sealing shall extend the full width of the surface, including shoulders where necessary. Contractor shall conduct their operation so that sawing/routing, cleaning and sealing is a continuous operation. Traffic shall not be allowed to knead together or damage the reservoir once it has been created. Sawn/routed cracks not sealed before traffic is allowed on the surface shall be re-sawed/re-routed at no additional cost to the City. The sawing/routing equipment shall be mechanical and power driven, capable of following and cutting the cracks to the required dimensions without deviation from the crack or creating excessive spalling. Equipment designed to “plow” the cracks to dimension will not be permitted. Wet sawing will not be allowed. 81 Immediately prior to sealing, the crack and surface area six (6) inches on both sides shall be cleaned of for eign matter and loosened particles with a broom or oil-free compressed air. The crack and surface area six (6) inches on both sides will then be cleaned and dried with a hot compressed air heat lance. The heat lance shall meet the following requirements: temperature of heated air at exit of orifice minimum of 280° F, velocity of existing heated air minimum of 2,800 fps. Contractor shall take caution to keep all sawing/routing and cleaning debris off of the boulevards and contained to gutter areas. The City will furnish a street sweeper and operator to work in tandem with Contractor’s sawing/routing crew maintaining a smooth cleanup operation. The application time and final results of the cleaning area are subject to the Engineer’s approval. The sealant must also be squeegeed to ensure proper overbanding. Sealant shall overfill the crack and extend a minimum of ½ inch on either side of the crack. If the sawing/routing process results in spalled or rough edges, the Engineer may require the material to be pour ed, flushed and squeegeed to fill in the rough edges. The applicator wands shall be returned to the machine and the joint sealant material recirculated immediately upon completion of each crack. Pour pots or similar devices shall not be used to apply the sealer. Lanes may be opened to traffic only after the sealer has set sufficiently so it will not pick up under traffic. Cover material shall be spread on top of the sealant while still hot. Traffic shall not be allowed on the material until it is cured or it has been blotted to prevent tracking. The use of blotting material such as toilet paper will be permitted. Sand or fine aggregate shall not be used as cover material. Sealant material picked up or pulled out during construction shall be replaced at Contractor’s expense. Sealant materials may be placed during a period of rising temperature after the air temperature in the shade and away from artificial heat has reached 50° F and indications are for a continued rise in temperature. During a period of falling temperature, the placement of sealant material shall be suspended when the air temperature, in the shade and away from artificial heat, reaches 30° F. Sealant shall not be placed when in the opinion of the Engineer the weather or roadbed conditions are unfavorable. Sawing/routing and sealing will be permitted only during daylight hours. 82 83 EXHIBIT B SPECIAL CONDITIONS 1. Responsible Contractor Certification. Contractor and subcontractor(s) shall be a “responsible contractor” as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a “responsible contractor” and will be ineligible to perform the Work. Contractor and subcontractor(s) are that make a false statement verifying compliance with any of the minimum criteria shall result in the termination of this Agreement. 2. Pre-Construction Meeting. Prior to the beginning of construction operations, a pre-construction meeting shall be held, and shall be attended by the authorized representatives of the City and persons of the contracting company who will have direct responsibility for workmanship and/or materials used on the project. The conference will disclose all aspects for execution and schedule of the Work. Agreement on any and all questionable measurements, materials, methods or other matters shall be made at this conference. Contractor shall submit the following at the pre-construction meeting: a. Critical path phasing plan and schedule, which details all controlling operations. This shall be submitted a minimum of three (3) days before the pre-construction meeting. b. General project contact information including emergency contacts. c. Subcontractor list. d. Material supplier list. e. Traffic Control plan. 3. Measurement and Payment. Payment for all items for this project shall be by the unit price as stated herein Exhibit C. The estimated quantities on the Proposal form are for determination of the lowest cost for the Work. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the amount budgeted by the City. No claims for extra compensation due to increased or decreased quantities shall be considered. Contractor shall provide daily documentation to the Engineer, at the end of each working day, for the quantities performed that day. Contractor shall submit all final quantities to the City within one month after completion of the Work. 4. Mobilization (2021). The lump sum for mobilization is to include all aspects of work and shall include mobilization to all of the areas identified in the Location Map herein Exhibit A. 5. Traffic Control and Maintenance (2563). Contractor shall maintain traffic at all times while performing the Work in accordance with the current Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) Field Manual and its supplements, or as deemed necessary by the Engineer, when the Work occurs on or adjacent to any street, alley or public place. Contractor shall provide, under the traffic control item, all construction signage and traffic control devices for the protection of persons, property and the Work. Contractor shall be responsible for maintaining traffic control devices during the Work. In the event that the City must install additional signs for traffic control for safety purposes, the cost for such measures shall be billed to Contractor or withheld from monies due. The Contractor shall be held responsible for all damaged from failure to protect the work zone. 84 Throughout construction, Contractor shall provide safe and adequate access at all times for residents, property owners and emergency vehicles. Access shall include the maintaining of ingress and egress of private driveways throughout construction. Throughout the duration of the Work, Contractor shall, as much as possible, work to limit any inconveniences to local businesses and property owners. When single lane traffic is necessary, flagmen must be provided to direct traffic. Contractor shall provide certifications of all flagmen that will be working on this project. 6. Manual References. The Specifications which apply to the Work shown in the Plans shall be as follows: a. Special Conditions herein Exhibit A and B. b. The most current edition of the Minnesota Manual on Uniform Traffic Control Devices. c. Division I, 1507 (Utility Property and Service) and Division I, 1512 (Unacceptable and unauthorized work) of the Minnesota Department of Highways Standard Specification for Construction, 2018 Edition and its supplements, shall apply, except as modified or supplemented herein. d. Division II (Construction Details) and Division III (Materials) of the Minnesota Department of Highways Standard Specification for Construction, 2018 Edition and its supplements, shall apply, except as modified or supplemented herein. 7. Safety Precautions and Accident Prevention. The Contractor shall observe and comply with all requirements to the safety of the workforce to be employed on the project. Contractor shall comply with all safety measures recommended and required by any governmental agency, including the Department of Labor and Industry, Division of Accident Prevention of the Industrial Commission of Minnesota, and with the requirements of the Workmen's Compensation Act and any amendments thereof. Attention is called to the other paragraphs of these Special Conditions covering safety precautions and accident prevention. The Contractor shall be responsible for all safety issues on this project. The Contractor shall comply with instructions from the City for implementing any additional requirements for safety concerns. 8. DOT Compliance. All of Contractor’s drivers performing work for the City must be in compliance with DOT requirements related to holding a Commercial Driver’s License (CDL). Contractor shall be responsible for ensuring its own compliance with all applicable DOT regulations and requirements, including but not limited to DOT regulations related to drug testing and the maintenance of drug testing records. Contractor shall indemnify and hold harmless the City for any fines incurred as a result of Contractor’s failure to comply with DOT requirements as set forth above. It shall be Contractor’s responsibility to comply and provide evidence to the City of DOT compliance upon request. 9. Hours of Operation. Work shall occur Monday through Saturday from 7:00 a.m. to 7:00 p.m. On streets designated as high-volume roadways, Contractor’s Work shall be restricted to the hours of 9:00 a.m. to 3:30 p.m., or after 6:00 p.m. for any Work within the traveled portion of the roadway. HIGH-VOLUME ROADWAYS a. Betty Crocker Boulevard between US 169 and General Mills Blvd b. Boone Avenue North between TH 55 and Plymouth Ave c. General Mills Boulevard between Wayzata Blvd and TH 55 d. Golden Hills Drive between Wayzata Blvd and Turners Crossroad e. Golden Valley Road between Boone Avenue and Douglas Drive 85 f. Laurel Avenue between Winnetka Avenue and Xenia Avenue g. Louisiana Avenue South between Laurel Avenue and I-394 h. Noble Avenue North between Golden Valley Road and 34th Ave N i. North and South Frontage Roads of I-394 j. Olympia Street between Winnetka Avenue and Douglas Drive k. Plymouth Avenue between US 169 and Winnetka Avenue l. Regent Avenue North between Duluth Street and 34th Ave N m. Rhode Island Avenue between 10th Avenue and TH 55 n. Wayzata Boulevard all portions in Golden Valley City Limits o. Winnetka Avenue between TH 55 and I-394 p. Xenia Avenue South between Glenwood Avenue and I-394 q. Zenith Avenue North between 26th Ave N and Theodore Wirth Pkwy On City owned parking lots, a one week advanced notice is required for crack sealing any parking lots. Work may need to be phased to allow for parking of City vehicles and City employees as directed by the Engineer. 10. Noise Elimination. The Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the manufacturer. 11. Care of Work. All work under this contract shall be accomplished with reasonable care and minimal damage to affected properties. The Contractor shall provide quality cleanup after removal and repair of any damage done by the Contractor’s equipment. 12. Contract Time Extension. The Contractor shall perform fully, entirely, and in an acceptable manner, the Work within the Contract Time stated in this Agreement. Contractor shall notify the City on writing, not less than ten (days) prior to end of the Contract Time if the Contractor finds it impossible to complete the Work. Contractor shall detail fully in the request reasons for the extension. The City, in its sole discretion, may grant an extension if the Work has been delayed on account of unusual circumstances beyond the control of the Contractor, or that quantities of the Work done or to be done are in excess of estimated quantities in sufficient amount to warrant the extension for the completion to such date as may seem reasonable and proper. 86 87 88 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 21, 2023 Agenda Item 3E.3. Award Contract for 2023 Asphalt Microsurface Project, City Project # 23-06, to Asphalt Surface Technologies Corporation Prepared By RJ Kakach, Assistant City Engineer Jeff Oliver, City Engineer Summary Staff solicited bids for the 2023 Asphalt Microsurface Project. The project scope includes placement of a protective microsurface membrane (oil, polymer, and sand) over the existing asphalt pavement to prevent the long-term degradation of the pavement due to water, sun, and traffic. The use of this preventative maintenance technique, used predominately by MnDOT in the past, is being utilized more by municipalities and counties as an alternative to conventional chip sealing. The road being considered for treatment is Winnetka Avenue from Wayzata Boulevard to Harold Avenue as shown on the attached project location map. Quotes for the 2023 Asphalt Microsurface Project, City Improvement Project No. 23-06 were received on March 3, 2023. The following quotes were received: Asphalt Surface Technologies Corporation (ASTECH Corp) $132,112.79 The bid was reviewed and found to be accurate and in order. Financial or Budget Considerations Funding for this project is in the 2023 Capital Improvement Program (S-044) which includes $100,000 for pavement surface treatments. The remaining funding for the project is in the 2023 Capital Improvement Program (S-013) for pavement overlays in the amount of $525,000. Legal Considerations The contract template has been reviewed by the City Attorney. Equity Considerations The project was advertised to numerous different companies to give all an equal opportunity to provide a quote for the project. Recommended Action 89 Motion to authorize the Mayor and City Manager to execute a construction agreement with Asphalt Surface Technologies Corporation (ASTECH Corp) in the form approved by the City Attorney for the base bid of the 2023 Asphalt Microsurface Project #23-06 in the amount of $132,112.79. Supporting Documents Location Map for the 2023 Microsurface Project Micro Seal Project Agreement with Asphalt Surface Technologies 90 Pond B Pond C BrookviewPond A Pond J HaroldPondPond M Pond F §¨¦394 Quebe c Av e SWinnetka Ave NWestern Ave Western Ave Harold Ave Pennsylvania Ave SRhode Island Ave SSumter Ave SUtah Ave SGregory Rd VermontAve SWi sc ons i n AveS Hanley RdRidgeway Rd Laurel Ave QubecAve S Wayzata Blvd Rhode IslandAve N Pennsylvania Ave SI-394SFrontageRd RhodeIslandAveSRidgewayRdEwaldT e rWestern Ter FieldD r BrookviewPk w y N I-394NFrontageRd (Laurel Pt) (Laure lWinnetka Ave S Winnetka Ave SHanley RdBrookviewPkwySWayzataBlvd I 0 400 800200Feet Print Date: 12/30/2022Sources:-Hennepin County Surveyors Office for Property Lines (2022).-City of Golden Valley for all other layers. 2023 MicrosurfaceWinnetka Ave N 91 1 CONTRACT FOR 2023 MICRO SEAL PROJECT CITY OF GOLDEN VALLEY PROJECT NUMBER 23-06 THIS AGREEMENT is made this 21st day of March, 2023 (the “Effective Date”) by and between Asphalt Surface Technologies Corporation, (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Contractor is engaged in the business of asphalt pavement micro surfacing. B. The City desires to hire Contractor to furnish and apply a microsurface sealant. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1. The Work. Contractor shall perform the work more fully described in the attached Exhibit A (the “Work”). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. 2. Time for Completion. The Contractor shall proceed no earlier than July 10, 2023 and shall complete the Work to the satisfaction and approval of the City’s engineer on or before September 1, 2023 (the “Contract Time”). Contractor shall to notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time. 3. Consideration. The consideration, which the City shall pay to Contractor according to the details set forth in the attached Exhibit C. The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty (30) days after receiving a statement from Contractor. 92 2 4. Extra Work. Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 5. Contract Documents. The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary drawings, plans, specifications d. Other documents listed in this Agreement Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 6. Expense Reimbursement. Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 7. Approvals. Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 8. Protection of Persons and Property. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 9. Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done 93 3 to the satisfaction and approval of the City at the Contractor’s sole cost and expense. Contractor shall replace at Contractor’s expense any loss or damage to the Work, however caused, which occurs during the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility for the construction and delivery of Work. Acceptance of the completed Work shall be evidenced only by a Certificate of Final Completion issued by the City, which shall state the date on which the City accepts the completed Work (the “Final Completion Date”). 10. Warranty. Contractor represents and warrants that it has the requisite training, skills, and experience necessary to complete the Work, is appropriately licensed by all applicable agencies and governmental entities, and will complete the Work in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar work. Contractor further represents and warrants to the City that the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or equipment not conforming to these requirements may be considered defective. Contractor shall promptly correct any defective Work. Costs of correcting such defective Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for any additional services and expenses made necessary thereby, shall be at Contractor’s expense. Contractor’s warranty shall exclude remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. 11. Guarantee. Contractor guarantees and agrees to maintain the stability of the Work and materials furnished and installed under this contract for a period of one year after the Final Completion Date (the “Guarantee Period”). Contractor agrees to perform fully all other guarantees as set forth in the specifications. If any of the Work is found to be not in accordance with the requirements of the Contract during the Guarantee Period, Contractor shall correct it promptly after receipt of notice from the City to do so. The City shall give such notice promptly after discovery of the condition. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct the Work at Contractor’s expense. The Guarantee Period shall be extended with respect to portions of Work first performed after the Final Completion Date by the period of time between final payment and the actual completion of that portion of the Work. The one-year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to this Section. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with respect to Contractor’s obligations other than specifically to correct the Work. 12. Termination. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated 94 4 by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractor for Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 13. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 14. Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 15. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 16. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 17. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; 95 5 b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard, providing coverage for claims including: i. Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii. Personal and advertising injury; iii. Damages because of physical damage to or destruction of property, including loss of use of such property; iv. Bodily injury or property damage arising out of completed operations; and v. Contractor’s indemnity obligations under this Agreement. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment. 18. Compliance with State Withholding Tax. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project by providing to the City Engineer a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. 19. Monetary Securities. Prior to Commencement of the Work, Contractor shall make, execute and deliver to the City a certified or cashier’s check in a form acceptable to the City, in the sum of five (5) percent of the total amount of the base proposal payable to the City as a guaranty that the Contractor will complete the Work. Said securities shall secure the faithful performance of the Contract by the Contractor and shall be conditioned as required by law. This Agreement shall not become effective unless and until said bonds have been received and approved by the City. 20. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any 96 6 written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Work required by this Agreement. Any instrument in violation of this provision is null and void. 21. Independent Contractor. Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is customarily engaged in the independent performance of the same or similar work for others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 22. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 23. Entire Agreement. The Contract Documents shall constitute the entire agreement between the City and Contractor, and supersede any other written or oral agreements between the City and Contractor. 24. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 25. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 26. Work Products and Ownership of Documents. All records, information, materials and other work products, including, but not limited to the completed reports, drawings, plans, and specifications prepared and developed in connection with the provision of the Work pursuant to this Agreement shall become the property of the City, but reproductions of such records, information, materials and other work products in whole or in part may be retained by Contractor. Regardless of when such information was provided, Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising 97 7 out of or related to this Agreement, except as authorized by the City or as required by law. These obligations survive the termination of this Agreement. 27. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Work. 28. Agreement Not Exclusive. The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City’s sole discretion. 29. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 30. No Discrimination. Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 31. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is City Engineer, or designee. Contractor’s authorized agent for purposes of administration of this contract is Dale R. Strandberg, or designee who shall perform or supervise the performance of all Work. 32. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY Asphalt Surface Technologies a.k.a. Astech Corporation P.O. Box 1025 St. Cloud, MN 56302 City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 engineeringdept@goldenvalleymn.gov 763.593.8030 98 8 or such other contact information as either party may provide to the other by notice given in accordance with this provision. 33. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 34. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 35. Payment of Subcontractors. Contractor agrees to pay all laborers employed and all subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to pay any claims and demands for labor and materials, the City may apply the monies due to Contractor toward paying and satisfying such claims and demands. The City has the right to apply monies due to Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against Contractor. The amount of such payments shall be deducted from the balance due to the Contractor; provided that nothing herein nor any variation from the amounts and timing of the installments shall be construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or to retain for their benefit any monies coming to the contractor hereunder. Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%) per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 36. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 37. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 38. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (pdf) and signatures appearing on electronic mail instruments shall be treated as original signatures. 99 9 39. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF, the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. ASPHALT SURFACE TECHNOLOGIES: CITY OF GOLDEN VALLEY: By: _________________________________ Name: Dale R. Strandberg Title: Vice-President By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager 100 EXHIBIT A SCOPE OF WORK The Work will consist of pavement marking removal, furnishing & installing bituminous microsurface over the existing bituminous pavement within the project boundaries in accordance with this specification. Contractor shall provide certification that the sealant meets the requirements of MNDOT Standard Specification 2354 and pavement marking installation. A copy of the manufacturer’s recommendations pertaining to the heating and application of the micro sealant shall be submitted to the Engineer prior to commencement of work. These recommendations shall be adhered to and followed by Contractor The Location Map herein Exhibit A identifies roadways that will receive a microsurface treatment with the 2023 project. Prior to the start of the microsurface operation, a field meeting with Contractor personnel and City staff is required to discuss traffic control requirements and the application rate. The City of Golden Valley will require a 7-day advanced warning sign be placed on each end of the project prior to the start of the project. The contractor will be required to submit to the Engineer for review and approval, a detailed critical path schedule a minimum of three (3) days before the pre-construction conference. The schedule must detail all controlling operations. DO NOT allow traffic on the micro sealed surface until after the bituminous material has set and will not pick up on vehicle tires. This work will consist of removal of the existing pavement markings and protect the two new concrete pedestrian crosswalks. Microsurfacing scratch course placement within two days of the pavement marking removal. Microsurfacing surface course placement within two days of the microsurfacing scratch coarse placement. Pavement marking placement no sooner than 14 days and no later than 21 days from microsurfacing surface course placement. Temporary pavement markings will be required between each of the above activities to ensure the roadway and drive lanes are delineated. Mixing of different manufacturer’s brands or different types of sealant shall be prohibited. During a period of falling temperature, the placement of sealant material shall be suspended when the air temperature, in the shade and away from artificial heat, reaches 60° F. Sealant shall not be placed when in the opinion of the Engineer the weather or roadbed conditions are unfavorable. Microsurfacing will be permitted only during daylight hours between July 10, 2023 and September, 2023, during non-school days. 101 EXHIBIT A WINNETKA AVE SOUTH DRAWING 102 EXHIBIT B SPECIAL CONDITIONS 1. Responsible Contractor Certification. Contractor and subcontractor(s) shall be a “responsible contractor” as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a “responsible contractor” and will be ineligible to perform the Work. Contractor and subcontractor(s) are that make a false statement verifying compliance with any of the minimum criteria shall result in the termination of this Agreement. 2. Pre-Construction Meeting. Prior to the beginning of construction operations, a pre-construction meeting shall be held, and shall be attended by the authorized representatives of the City and persons of the contracting company who will have direct responsibility for workmanship and/or materials used on the project. The conference will disclose all aspects for execution and schedule of the Work. Agreement on any and all questionable measurements, materials, methods or other matters shall be made at this conference. Contractor shall submit the following at the pre-construction meeting: a. Critical path phasing plan and schedule, which details all controlling operations. This shall be submitted a minimum of three (3) days before the pre-construction meeting. b. General project contact information including emergency contacts. c. Subcontractor list. d. Material supplier list. e. Traffic Control plan along with a 7-day advanced warning sign be placed at each end of the project area. 3. Measurement and Payment. Payment for all items for this project shall be by the unit price as stated herein Exhibit C. The estimated quantities on the Proposal form are for determination of the lowest cost for the Work. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the amount budgeted by the City. No claims for extra compensation due to increased or decreased quantities shall be considered. Contractor shall provide daily documentation to the Engineer, at the end of each working day, for the quantities performed that day. Contractor shall submit all final quantities to the City within one month after completion of the Work. The contractor may stockpile micro surface material or aggregate at the City’s storage site at 9400 10th Avenue North. The contractor shall coordinate delivery of the materials with City staff. Bituminous and micro surface material manifests shall be collected by City staff upon delivery at the job site. At the discretion, material tickets that are not submitted to City staff upon delivery of the material may not be accepted or paid for. 4. Mobilization (2021). The lump sum for mobilization is to include all aspects of work and shall include mobilization to all of the areas identified in the Location Map herein Exhibit A. 5. Pavement Marking Removal (2102). The provisions of MNDOT 2102 are modified and/or supplemented with the following conditions, the following is hereby added to the end of MNDOT 2102.3: All pavement marking removal shall be done utilizing either grinding, water-blasting, or sandblasting equipment. 103 6. Water Use on Project (2130). Project related water use shall be considered incidental. The Contractor will not be charged for any project related water use. However, to receive permission to take water from hydrants the Contractor shall be required to obtain a meter from the City Utilities Maintenance Department (763.593.3962). The meter requires a one thousand seven hundred and fifty dollar ($1,750.00) deposit, which will be refunded when the Contractor returns the meter in good condition. The Contractor shall identify specific hydrants he/she wishes to take water from during construction and obtain approval from the Engineer. Only hydrants approved by the Engineer will be available for use by the Contractor. 7. Micro-surfacing (2354): All micro-surfacing shall be performed in conformance with MNDOT Specification 2354, except as modified or supplemented herein. The micro surfacing rates of 16 pounds per square yard and 14 pounds per square yard were design estimates for the scratch course and surface course respectively. Design of all mixtures used on this project shall be approved by MNDOT, and mix certification documentation of such shall be provided to the Engineer at least two weeks prior to placement. Protect all drainage structures, gate valves, manholes and other utility structures throughout all micro surfacing operations. 8. Traffic Control and Maintenance (2564). Contractor shall detour traffic at all necessary times while performing the Work in accordance with the current Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) Field Manual and its supplements, or as deemed necessary by the Engineer, when the Work occurs on or adjacent to any street, alley or public place. Contractor shall provide, under the traffic control item, all construction signage and traffic control devices for the protection of persons, property and the Work. Contractor shall be responsible for maintaining traffic control devices during the Work. In the event that the City must install additional signs for traffic control for safety purposes, the cost for such measures shall be billed to Contractor or withheld from monies due. The Contractor shall be held responsible for all damaged from failure to protect the work zone. There is no formal detour route. Advanced warning reader board signs should go up at the North & South ends of the project as well as Laurel Ave, 7 days prior to starting the project. Throughout construction, Contractor shall provide safe and adequate access at all times for residents, property owners and emergency vehicles. Access shall include the maintaining of ingress and egress of private driveways throughout construction. Throughout the duration of the Work, Contractor shall, as much as possible, work to limit any inconveniences to local businesses and property owners. When single lane traffic is necessary, flagmen must be provided to direct traffic. Contractor shall provide certifications of all flagmen that will be working on this project. 9. Erosion and Sedimentation Control (2573). Storm Drain Inlet Protection --- Wimco Inlet Protection. Contractor shall provide Wimco Inlet Protection devices, or approved equal, on all inlets where inlet protection is designated. Information on the Wimco devices can be obtained at www.roaddrain.com. Payment will be made on the basis of each structure protected through all phases of the work. Use of different methods for protection in order to phase the work or for the ease of the construction shall not be cause for multiple payments over one per structure. 10. Interim Pavement Marking (2580): The cost of the temporary markers, layout and placement by the Contractor shall be paid in accordance with the lump sum bid for Interim Pavement Marking. The Contractor shall be required to place as directed by the Engineer, 4-inch white and yellow Flexible Temporary Raised Reflective Pavement Markers on the pavement in 30-foot intervals to delineate travel lanes as soon as possible 104 as required below. Interim pavement markings will be required immediately following completion of the following operations. Pavement Marking Removal, Microsurface Scratch Course, and Microsurface Surface Course. 11. Pavement Markings (2582): The unit prices bid for pavement markings to be used in the roadway shall be considered compensation in full to place all markings complete in place as directed by the Engineer, and in accordance with the Specifications. Pavement marking used on the roadway shall be in accordance with the Specification for Epoxy Resin Pavement Markings (Free of Toxic Heavy Metals) and the MNDOT Specification for Drop-on Glass Beads in the Appendix, or as modified herein. The rate of application for 4-inch line (painted area) shall be 300 to 330 linear feet for gallon of paint. The rate of application for the 12-inch and 24-inch line (painted area) shall be 100 to 110 square feet for gallon of paint. The ratio of skip to stripe shall be 40:10 (40 feet skip to 10 feet of painted line). No painting shall be done during the threat of rain, or when the road surface is damp. The air temperature must be at least 40° F, and rising. All excess reflectorized glass beads from placement of pavement markings must be removed by the Contractor before traffic is allowed to resume on the new markings. The cost for all sweeping shall be included in the unit price bid for each pavement marking. No claims for additional compensation to perform sweeping shall be considered. The Contractor shall mark all pavement markings in accordance with the Plans and their pre-construction location for review and approval by the Engineer before the pavement markings are installed. The Contractor shall be responsible for all testing as described in the relevant Specifications and in the Appendices. Reports for all testing required shall be submitted to the Engineer. All costs for signage in conjunction with striping or other pavement markings shall be included in the lump sum bid price for Traffic Control. 12. Manual References. The Specifications which apply to the Work shown in the Plans shall be as follows: a. Special Conditions herein Exhibit A and B. b. The most current edition of the Minnesota Manual on Uniform Traffic Control Devices. c. Division I, 1507 (Utility Property and Service) and Division I, 1512 (Unacceptable and unauthorized work) of the Minnesota Department of Highways Standard Specification for Construction, 2018 Edition and its supplements, shall apply, except as modified or supplemented herein. d. Division II (Construction Details) and Division III (Materials) of the Minnesota Department of Highways Standard Specification for Construction, 2018 Edition and its supplements, shall apply, except as modified or supplemented herein. 13. Safety Precautions and Accident Prevention. The Contractor shall observe and comply with all requirements to the safety of the workforce to be employed on the project. Contractor shall comply with all safety measures recommended and required by any governmental agency, including the Department of Labor and Industry, Division of Accident Prevention of the Industrial Commission of Minnesota, and with the requirements of the Workmen's Compensation Act and any amendments thereof. Attention is called to the other paragraphs of these Special Conditions covering safety precautions and accident prevention. The Contractor shall be responsible for all safety issues on this project. The Contractor shall comply with instructions from the City for implementing any additional requirements for safety concerns. 14. DOT Compliance. All of Contractor’s drivers performing work for the City must be in compliance with DOT requirements related to holding a Commercial Driver’s License (CDL). Contractor shall be responsible for ensuring its own compliance with all applicable DOT regulations and requirements, including but not limited to DOT regulations related to drug testing and the maintenance of drug testing records. Contractor shall indemnify and hold harmless the City for any fines incurred as a result of Contractor’s failure to comply with DOT requirements 105 as set forth above. It shall be Contractor’s responsibility to comply and provide evidence to the City of DOT compliance upon request. 15. Hours of Operation. Work shall occur Monday through Saturday from 7:00 a.m. to 7:00 p.m. On streets designated as high-volume roadways, Contractor’s Work shall be restricted to the hours of 9:00 a.m. to 3:30 p.m., or after 6:00 p.m. for any Work within the traveled portion of the roadway. HIGH-VOLUME ROADWAYS a. Betty Crocker Boulevard between US 169 and General Mills Blvd b. Boone Avenue North between TH 55 and Plymouth Ave c. General Mills Boulevard between Wayzata Blvd and TH 55 d. Golden Hills Drive between Wayzata Blvd and Turners Crossroad e. Golden Valley Road between Boone Avenue and Douglas Drive f. Laurel Avenue between Winnetka Avenue and Xenia Avenue g. Louisiana Avenue South between Laurel Avenue and I-394 h. Noble Avenue North between Golden Valley Road and 34th Ave N i. North and South Frontage Roads of I-394 j. Olympia Street between Winnetka Avenue and Douglas Drive k. Plymouth Avenue between US 169 and Winnetka Avenue l. Regent Avenue North between Duluth Street and 34th Ave N m. Rhode Island Avenue between 10th Avenue and TH 55 n. Wayzata Boulevard all portions in Golden Valley City Limits o. Winnetka Avenue between TH 55 and I-394 p. Xenia Avenue South between Glenwood Avenue and I-394 q. Zenith Avenue North between 26th Ave N and Theodore Wirth Pkwy 16. Noise Elimination. The Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the manufacturer. 17. Care of Work. All work under this contract shall be accomplished with reasonable care and minimal damage to affected properties. The Contractor shall provide quality cleanup after removal and repair of any damage done by the Contractor’s equipment. 18. Contract Time Extension. The Contractor shall perform fully, entirely, and in an acceptable manner, the Work within the Contract Time stated in this Agreement. Contractor shall notify the City on writing, not less than ten (days) prior to end of the Contract Time if the Contractor finds it impossible to complete the Work. Contractor shall detail fully in the request reasons for the extension. The City, in its sole discretion, may grant an extension if the Work has been delayed on account of unusual circumstances beyond the control of the Contractor, or that quantities of the Work done or to be done are in excess of estimated quantities in sufficient amount to warrant the extension for the completion to such date as may seem reasonable and proper. 106 107 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 21, 2023 Agenda Item 3E.4. Award Construction Contract for 2023 Fog Sealing Project #23-10 to Allied Blacktop Company Prepared By RJ Kakach, Assistant City Engineer Jeff Oliver, City Engineer Summary In 2012, the City of Golden Valley suspended all chip seal projects in Golden Valley as evidence of pavement delamination on chip sealed streets became more evident. Chip sealing is a pavement preservation process in which small granite rocks are spread over an asphalt emulsifier to seal the pavement and postpone future deterioration. In an effort to continue to preserve our asphalt pavements, staff has begun various pilot projects using newer technologies to determine the most cost-effective long-term solution to pavement preservation. One such alternative is a fog seal. An asphalt pavement fog seal consists of a light application of diluted, slow setting asphalt emulsion or rejuvenator, similar to a chip seal, but does not use an aggregate cover. Studies have shown that application of pavement preservation products on newer streets tends to last longer than preservatives on older pavement. The inaugural Golden Valley fog seal project was performed in 2019 on the 2017 PMP area, located just north of Lakeview Park. The results over the past few seasons led to an expanded project and 2022 and the 2023 project also includes a lager area for treatment. The 2023 Asphalt Pavement Fog Sealing Project is located in the following neighborhoods: 2021 PMP Breck School Bassett Creek Neighborhood All of these neighborhoods were recently reconstructed or overlaid, which makes them good candidates for a fog seal rejuvenation. Quotes for the 2023 Asphalt Pavement Fog Sealing Project, City Improvement Project No. 23-10 were requested and received on February 24, 2023. The following quote was received: Allied Blacktop Company $72,134.80 The quote was reviewed and found to be accurate and in order. 108 Financial or Budget Considerations Funding for this project is in the 2023 Street Maintenance Budget (1440.6440) which includes $220,500 for miscellaneous contractual street maintenance such as striping, concrete shaving, pavement preservation and crack sealing. Legal Considerations The contract template has been reviewed by the City Attorney. Equity Considerations The project was advertised to numerous different companies to give all an equal opportunity to provide a quote for the project. Recommended Action Motion to authorize the Mayor and City Manager to execute a construction agreement with Allied Blacktop Company in the form approved by the City Attorney for the 2023 Fog Sealing Project #23-10 in the amount of $72,134.80. Supporting Documents 2023 Fog Seal Area 1 Location Map 2023 Fog Seal Area 2 Location Map 2023 Fog Seal Area 3 Location Map Agreement for the 2023 Fog Seal Project with Allied Blacktop 109 NatchezPond WirthPond Schaper BallfieldPond Breck IceArena CanadianPacificRail roadNatchezPark ArdmoreNorth&SouthPonds JanalynPond DahlbergOpenSpace 456740 SunnyridgeCirMeadow Ln NNatchez Ave NOttawa Ave NMeadow Ln N DahlbergD r Woodstock Ave Poplar Dr Meadow Ln NChatelain T e r Natchez Ave NIndiana Ave NRoanoke Cir Loring Ln WestwoodDrNArdmoreDrSunnyridge LnGlenwood Ave Westwood Dr SOttawa Ave NOttawa Ave SOlson M emorial Hwy Schaper Rd Alley (Private)AlleyAlleyWestwoodDr N Ardmore DrS Frontage Rd Madd usLnBurntsideDr S u nnyridgeLnLeberLn Beverly Ave B u rn tsideDrHwy 55 Glenwood Ave N Fron tag e Rd County Rd 40 RoanokeRd (Sunnyridge Ln)")")") ") ") ") ")") ")")")") ") ")") ")") ")") ")") ") ") ") ")") ")") ")") ")") ")")")")")")")")")") ")") ")") ")") ")")")") ")") ") ")") ")") ")")") ")") ")") ")")")")") ") ") I 0 400 800200Feet Print Date: 1/23/2023Sources:-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers. 2023 Fog SealArea 1 of 3 Fog Seal Area 1: 2.63 M iles ")Catch Basin (73) Other Streets MnDOT Highway Hennepin County Street Municipal Street 110 BroggerCir Orkla DrWisconsin Ave N23rd Ave N Wynnwood Rd Xylon Ave NElgin PlDecaturAveN Medicine Lake RdCounty Rd 70 AquilaAveNWinnetkaHeightsDr ZealandAveNOrklaDrA q uilaAveNZealandAveNRose ManorCavellAveNMedle y L n 24th Av e N WisconsinAveN ")")")") ")") ")")")")") ")") ")") ") ") ") ")") ") ") ")") ") ") ")") ")") ")") ")") ")") I 0 300 600150Feet Print Date: 1/23/2023Sources:-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers. 2023 Fog SealArea 2 of 3 Fog Seal Area 2: 1.26 M iles ")Catch Basin (36) Other Streets MnDOT Highway Hennepin County Street Municipal Street 111 LilacPond DuluthPondBassett CreekBassett Creek NatureArea Pond LogisPond MND OT District Office & State Highway Patrol King of GraceLutheranChurchand SchoolOn F ireMinistry BassettCreekNature Area Sandburg Rd HeritageCirKentley Ave Wynn woo d R d Kenneth Way Brunswick Ave NCounty Rd 102Westmore Way W e s t b r o o k R d Dulu th St Zane Ave NDouglas Dr27th Ave NMedicine Lake Rd Adair Ave NAdair Ave NWestbrookRd Bru n swickAveNLamplighter L n BrookridgeAveNValeCrestRdWinfieldAveCounty Rd 66 LilacDrNCounty Rd 102Hwy100ColoradoAve NManch e s t e r Dr ")")")") ")")") ") ")")") ")")") ") ") ") ") ")")") ")") ")") ") ") ")") ")")")") ") ")") ")")") ")") ")") ")") ") ")")")")")") ")") ")")")")") ")") ")") ")") ") ")") ")") ")") ")") ")") ")") ")") ")") ")") ")") I 0 400 800200Feet Print Date: 1/23/2023Sources:-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers. 2023 Fog SealArea 3 of 3 Fog Seal Area 3: 3.82 M iles ")Catch Basin (86) Other Streets MnDOT Highway Hennepin County Street Municipal Street 112 1 CONTRACT FOR 2023 FOG SEAL PROJECT CITY OF GOLDEN VALLEY PROJECT NUMBER 23-10 THIS AGREEMENT is made this 21st day of March, 2023 (the “Effective Date”) by and between Allied Incorporated, an asphalt maintenance company located at 10503 89th Avenue North, Maple Grove, Minnesota 55369 (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Contractor is engaged in the business of asphalt pavement fog sealing. B. The City desires to hire Contractor to furnish and apply a fog sealant. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1. The Work. Contractor shall perform the work more fully described in the attached Exhibit A (the “Work”). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. 2. Time for Completion. The Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the City’s engineer Monday through Thursday, between June 15th, 2023 and August 31, 2023 the “Contract Time”). Contractor shall to notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time. 3. Consideration. The consideration, which the City shall pay to Contractor according to the details set forth in the attached Exhibit C. The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty (30) days after receiving a statement from Contractor. 113 2 4. Extra Work. Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 5. Contract Documents. The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary drawings, plans, specifications d. Other documents listed in this Agreement Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 6. Expense Reimbursement. Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 7. Approvals. Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 8. Protection of Persons and Property. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 9. Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done 114 3 to the satisfaction and approval of the City at the Contractor’s sole cost and expense. Contractor shall replace at Contractor’s expense any loss or damage to the Work, however caused, which occurs during the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility for the construction and delivery of Work. Acceptance of the completed Work shall be evidenced only by a Certificate of Final Completion issued by the City, which shall state the date on which the City accepts the completed Work (the “Final Completion Date”). 10. Warranty. Contractor represents and warrants that it has the requisite training, skills, and experience necessary to complete the Work, is appropriately licensed by all applicable agencies and governmental entities, and will complete the Work in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar work. Contractor further represents and warrants to the City that the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or equipment not conforming to these requirements may be considered defective. Contractor shall promptly correct any defective Work. Costs of correcting such defective Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for any additional services and expenses made necessary thereby, shall be at Contractor’s expense. Contractor’s warranty shall exclude remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. 11. Guarantee. Contractor guarantees and agrees to maintain the stability of the Work and materials furnished and installed under this contract for a period of one year after the Final Completion Date (the “Guarantee Period”). Contractor agrees to perform fully all other guarantees as set forth in the specifications. If any of the Work is found to be not in accordance with the requirements of the Contract during the Guarantee Period, Contractor shall correct it promptly after receipt of notice from the City to do so. The City shall give such notice promptly after discovery of the condition. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct the Work at Contractor’s expense. The Guarantee Period shall be extended with respect to portions of Work first performed after the Final Completion Date by the period of time between final payment and the actual completion of that portion of the Work. The one-year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to this Section. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with respect to Contractor’s obligations other than specifically to correct the Work. 12. Termination. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated 115 4 by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractor for Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 13. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 14. Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 15. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 16. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 17. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; 116 5 b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard, providing coverage for claims including: i. Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii. Personal and advertising injury; iii. Damages because of physical damage to or destruction of property, including loss of use of such property; iv. Bodily injury or property damage arising out of completed operations; and v. Contractor’s indemnity obligations under this Agreement. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment. 18. Compliance with State Withholding Tax. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project by providing to the City Engineer a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. 19. Monetary Securities. Prior to Commencement of the Work, Contractor shall make, execute and deliver to the City a certified or cashier’s check in a form acceptable to the City, in the sum of five (5) percent of the total amount of the base proposal payable to the City as a guaranty that the Contractor will complete the Work. Said securities shall secure the faithful performance of the Contract by the Contractor and shall be conditioned as required by law. This Agreement shall not become effective unless and until said bonds have been received and approved by the City. 20. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any 117 6 written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Work required by this Agreement. Any instrument in violation of this provision is null and void. 21. Independent Contractor. Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is customarily engaged in the independent performance of the same or similar work for others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 22. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 23. Entire Agreement. The Contract Documents shall constitute the entire agreement between the City and Contractor, and supersede any other written or oral agreements between the City and Contractor. 24. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 25. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 26. Work Products and Ownership of Documents. All records, information, materials and other work products, including, but not limited to the completed reports, drawings, plans, and specifications prepared and developed in connection with the provision of the Work pursuant to this Agreement shall become the property of the City, but reproductions of such records, information, materials and other work products in whole or in part may be retained by Contractor. Regardless of when such information was provided, Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising 118 7 out of or related to this Agreement, except as authorized by the City or as required by law. These obligations survive the termination of this Agreement. 27. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Work. 28. Agreement Not Exclusive. The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City’s sole discretion. 29. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 30. No Discrimination. Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 31. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Assistant City Engineer, or designee. Contractor’s authorized agent for purposes of administration of this contract is Matt Dolecki, or designee who shall perform or supervise the performance of all Work. 32. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY Allied Incorporated 10503 89th Ave North Maple Grove, MN 55369 m.dolecki@allliedincmn.com 763-425-0575 City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 rkakach@goldenvalleymn.gov 763.593.8043 119 8 or such other contact information as either party may provide to the other by notice given in accordance with this provision. 33. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 34. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 35. Payment of Subcontractors. Contractor agrees to pay all laborers employed and all subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to pay any claims and demands for labor and materials, the City may apply the monies due to Contractor toward paying and satisfying such claims and demands. The City has the right to apply monies due to Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against Contractor. The amount of such payments shall be deducted from the balance due to the Contractor; provided that nothing herein nor any variation from the amounts and timing of the installments shall be construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or to retain for their benefit any monies coming to the contractor hereunder. Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%) per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 36. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 37. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 38. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (pdf) and signatures appearing on electronic mail instruments shall be treated as original signatures. 120 9 39. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF, the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. ALLIED INCORPORATED CITY OF GOLDEN VALLEY: By: _________________________________ Name: Matt Dolecki Title: Project Manager By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager 121 EXHIBIT A SCOPE OF WORK The Work will consist of furnishing & installing bituminous fog seal over the existing bituminous pavement within the project boundaries in accordance with this specification. Contractor shall provide certification that the sealant meets the requirements of MNDOT Standard Specification 2355. The Location Map herein Exhibit A identifies roadways that will receive a fog seal treatment with the 2023 project. Prior to the start of the fog seal operation, a field meeting with Contractor personnel and City staff is required to discuss traffic control requirements and the application rate. The application rate of the bituminous CSS-1H shall be at 0.10 gallons per square yard and within application temperatures between 100-140 degrees Fahrenheit. The application shall produce 100% coverage of the surface. One lane of traffic must be passable for vehicles at all times. DO NOT allow traffic on the fog sealed surface until after the bituminous material has set and will not pick up on vehicle tires. This work will consist of constructing a fog seal on a prepared surface as shown on the plans. Contractor shall provide certification that the sealant meets the requirements of MnDOT Standard Specification 2355. A copy of the manufacturer’s recommendations pertaining to the heating and application of the fog sealant shall be submitted to the Engineer prior to commencement of work. These recommendations shall be adhered to and followed by Contractor. The temperature of the sealer in the field application equipment shall never exceed the safe heating temperature recommended by the manufacturer. Any given quantity of material shall not be heated at the pouring temperature for more than six (6) hours and shall never be reheated. Sealing shall not proceed if the temperature of the material has not reached or has fallen below the manufacturer’s recommended minimum application temperature. Mixing of different manufacturer’s brands or different types of sealant shall be prohibited. Sealant materials may be placed during a period of rising temperature after the air temperature in the shade and away from artificial heat has reached 60° F and indications are for a continued rise in temperature. During a period of falling temperature, the placement of sealant material shall be suspended when the air temperature, in the shade and away from artificial heat, reaches 60° F. Sealant shall not be placed when in the opinion of the Engineer the weather or roadbed conditions are unfavorable. Fog sealing will be permitted only during daylight hours Monday through Thursday between June 15, 2023 through August 31, 2023. 122 123 124 125 EXHIBIT B SPECIAL CONDITIONS 1. Responsible Contractor Certification. Contractor and subcontractor(s) shall be a “responsible contractor” as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a “responsible contractor” and will be ineligible to perform the Work. Contractor and subcontractor(s) are that make a false statement verifying compliance with any of the minimum criteria shall result in the termination of this Agreement. 2. Pre-Construction Meeting. Prior to the beginning of construction operations, a pre-construction meeting shall be held, and shall be attended by the authorized representatives of the City and persons of the contracting company who will have direct responsibility for workmanship and/or materials used on the project. The conference will disclose all aspects for execution and schedule of the Work. Agreement on any and all questionable measurements, materials, methods or other matters shall be made at this conference. Contractor shall submit the following at the pre-construction meeting: a. Critical path phasing plan and schedule, which details all controlling operations. This shall be submitted a minimum of three (3) days before the pre-construction meeting. b. General project contact information including emergency contacts. c. Subcontractor list. d. Material supplier list. e. Traffic Control plan. 3. Measurement and Payment. Payment for all items for this project shall be by the unit price as stated herein Exhibit C. The estimated quantities on the Proposal form are for determination of the lowest cost for the Work. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the amount budgeted by the City. No claims for extra compensation due to increased or decreased quantities shall be considered. Contractor shall provide daily documentation to the Engineer, at the end of each working day, for the quantities performed that day. Contractor shall submit all final quantities to the City within one month after completion of the Work. 4. Mobilization (2021). The lump sum for mobilization is to include all aspects of work and shall include mobilization to all of the areas identified in the Location Map herein Exhibit A. 5. Traffic Control and Maintenance (2563). Contractor shall maintain traffic at all times while performing the Work in accordance with the current Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) Field Manual and its supplements, or as deemed necessary by the Engineer, when the Work occurs on or adjacent to any street, alley or public place. Contractor shall provide, under the traffic control item, all construction signage and traffic control devices for the protection of persons, property and the Work. Contractor shall be responsible for maintaining traffic control devices during the Work. In the event that the City must install additional signs for traffic control for safety purposes, the cost for such measures shall be billed to Contractor or withheld from monies due. The Contractor shall be held responsible for all damaged from failure to protect the work zone. 126 Throughout construction, Contractor shall provide safe and adequate access at all times for residents, property owners and emergency vehicles. Access shall include the maintaining of ingress and egress of private driveways throughout construction. Throughout the duration of the Work, Contractor shall, as much as possible, work to limit any inconveniences to local businesses and property owners. When single lane traffic is necessary, flagmen must be provided to direct traffic. Contractor shall provide certifications of all flagmen that will be working on this project. 6. Erosion and Sedimentation Control (2573). Storm Drain Inlet Protection --- Wimco Inlet Protection. Contractor shall provide Wimco Inlet Protection devices, or approved equal, on all inlets where inlet protection is designated. Information on the Wimco devices can be obtained at www.roaddrain.com. Payment will be made on the basis of each structure protected through all phases of the work. Use of different methods for protection in order to phase the work or for the ease of the construction shall not be cause for multiple payments over one per structure. 7. Manual References. The Specifications which apply to the Work shown in the Plans shall be as follows: a. Special Conditions herein Exhibit A and B. b. The most current edition of the Minnesota Manual on Uniform Traffic Control Devices. c. Division I, 1507 (Utility Property and Service) and Division I, 1512 (Unacceptable and unauthorized work) of the Minnesota Department of Highways Standard Specification for Construction, 2018 Edition and its supplements, shall apply, except as modified or supplemented herein. d. Division II (Construction Details) and Division III (Materials) of the Minnesota Department of Highways Standard Specification for Construction, 2018 Edition and its supplements, shall apply, except as modified or supplemented herein. 8. Safety Precautions and Accident Prevention. The Contractor shall observe and comply with all requirements to the safety of the workforce to be employed on the project. Contractor shall comply with all safety measures recommended and required by any governmental agency, including the Department of Labor and Industry, Division of Accident Prevention of the Industrial Commission of Minnesota, and with the requirements of the Workmen's Compensation Act and any amendments thereof. Attention is called to the other paragraphs of these Special Conditions covering safety precautions and accident prevention. The Contractor shall be responsible for all safety issues on this project. The Contractor shall comply with instructions from the City for implementing any additional requirements for safety concerns. 9. DOT Compliance. All of Contractor’s drivers performing work for the City must be in compliance with DOT requirements related to holding a Commercial Driver’s License (CDL). Contractor shall be responsible for ensuring its own compliance with all applicable DOT regulations and requirements, including but not limited to DOT regulations related to drug testing and the maintenance of drug testing records. Contractor shall indemnify and hold harmless the City for any fines incurred as a result of Contractor’s failure to comply with DOT requirements as set forth above. It shall be Contractor’s responsibility to comply and provide evidence to the City of DOT compliance upon request. 10. Hours of Operation. Work shall occur Monday through Thursday from 7:00 a.m. to 7:00 p.m. 127 On streets designated as high-volume roadways, Contractor’s Work shall be restricted to the hours of 9:00 a.m. to 3:30 p.m., or after 6:00 p.m. for any Work within the traveled portion of the roadway. HIGH-VOLUME ROADWAYS a. Betty Crocker Boulevard between US 169 and General Mills Blvd b. Boone Avenue North between TH 55 and Plymouth Ave c. General Mills Boulevard between Wayzata Blvd and TH 55 d. Golden Hills Drive between Wayzata Blvd and Turners Crossroad e. Golden Valley Road between Boone Avenue and Douglas Drive f. Laurel Avenue between Winnetka Avenue and Xenia Avenue g. Louisiana Avenue South between Laurel Avenue and I-394 h. Noble Avenue North between Golden Valley Road and 34th Ave N i. North and South Frontage Roads of I-394 j. Olympia Street between Winnetka Avenue and Douglas Drive k. Plymouth Avenue between US 169 and Winnetka Avenue l. Regent Avenue North between Duluth Street and 34th Ave N m. Rhode Island Avenue between 10th Avenue and TH 55 n. Wayzata Boulevard all portions in Golden Valley City Limits o. Winnetka Avenue between TH 55 and I-394 p. Xenia Avenue South between Glenwood Avenue and I-394 q. Zenith Avenue North between 26th Ave N and Theodore Wirth Pkwy 11. Noise Elimination. The Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the manufacturer. 12. Care of Work. All work under this contract shall be accomplished with reasonable care and minimal damage to affected properties. The Contractor shall provide quality cleanup after removal and repair of any damage done by the Contractor’s equipment. 13. Contract Time Extension. The Contractor shall perform fully, entirely, and in an acceptable manner, the Work within the Contract Time stated in this Agreement. Contractor shall notify the City on writing, not less than ten (days) prior to end of the Contract Time if the Contractor finds it impossible to complete the Work. Contractor shall detail fully in the request reasons for the extension. The City, in its sole discretion, may grant an extension if the Work has been delayed on account of unusual circumstances beyond the control of the Contractor, or that quantities of the Work done or to be done are in excess of estimated quantities in sufficient amount to warrant the extension for the completion to such date as may seem reasonable and proper. 128 129 130 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Contractor Base Bid Alt Bid A Alt Bid B Alt Bid C Northwest Asphalt $5,981,921.94 $219,882.30 $50,512.00 $297,660.00 GMH Asphalt Corporation 6,099,728.84 210,901.60 48,482.50 259,530.00 Park Construction 6,208,846.51 203,948.80 46,822.00 276,340.00 SM Hentges 6,797,203.30 204,238.50 46,945.00 276,340.00 Valley Paving 6,869,240.23 207,888,72 47,756.80 281,424.00 Meyer Construction 6,885,763.60 199,893.00 45,920.00 270,600.00 Golden Valley City Council Meeting March 21, 2023 Agenda Item 3E.5. 2023 Pavement Management Program Project Awards: A. Award Construction Contract to Northwest Asphalt B. Award Contract for Construction Engineering Services to Short Elliott Hendrickson, Incorporated Prepared By RJ Kakach, Assistant City Engineer Jeff Oliver, City Engineer Summary Award Construction Contract Bids for the 2023 Pavement Management Program (PMP) City Improvement Project 23-01 were opened virtually on January 31, 2023. The following bids were received: Low Bid Total (Base + Alt A): Northwest Asphalt $6,201,804.24 Staff reviewed the bids and found them to be accurate and in order. Staff recommends awarding the Contract to Northwest Asphalt for all work associated with the Base Bid and Alternate Bid A: Sanitary Sewer Main Lining. Construction Observation and Engineering Services In addition to the construction contract, there are additional contracts associated with the project that Council should be aware of. First, staff has received a proposal from the consulting engineering firm of Short Elliott Hendrickson, Inc. (SEH), dated February 9, 2023 for construction staking and observation for the 2023 PMP. The construction staking includes all survey work during construction, record drawing survey, and drawing preparation following construction. Construction observation for this project will be performed by both City and SEH staff. The proposal includes a not-to-exceed amount of $253,400, a portion of which will be financed from the street reconstruction portion of the project. 131 Secondly, design services for the PMP, which included preparation of the plans and specifications for the project, were also provided by SEH with a contract total not to exceed $418,100, and approved at the September 9, 2021 City Council meeting. The special assessment hearing for the project will be held May 2, 2023 with the anticipated assessment amount, based off of the bids received, being $10,201. Notice of the hearing will be advertised in the paper and mailed to the affected residents in April. Financial or Budget Considerations The financing for the construction contract is summarized as follows: The bid for street reconstruction totals $3,469,531.73 and is within the $3,950,000 included in the Street 2023 CIP (S-001) for the project. This amount does not include indirect costs associated with the improvement. The total bid for sanitary sewer and watermain improvements is $1,636,842.17. This is not within the $1,300,000 included in the Water and Sanitary Sewer Utility 2023 CIP (W&SS-001) for this project and therefore additional funding from the Water and Sanitary Sewer Utility 2023 CIP will be used to cover the overage. This amount does not include indirect costs associated with the improvement The total bid for storm sewer improvements is $1,095,430.34 and is within the $1,250,000 included in the Storm Sewer 2023 CIP (SS-01) for this project. This amount does not include indirect costs associated with the improvement. It is expected that construction will begin as weather permits in April 2023 and be completed in the fall. Legal Considerations The contract with Northwest Asphalt and the professional services agreement with SEH were created from contract templates reviewed and approved by the City Attorney. Equity Considerations The purpose of the Pavement Management Program is to provide high quality, cost effective streets in Golden Valley. Full street reconstruction has occurred in nearly every neighborhood since 1995, and by the end of 2024, all neighborhoods will have been fully reconstructed. Recommended Action A. Motion to authorize the Mayor and City Manager to execute a construction agreement with Northwest Asphalt in the form approved by the City Attorney for the 2023 Pavement Management Project #23-01 in the amount of $6,201,804.24. B. Motion to authorize the Mayor and City Manager to execute a professional services agreement with Short Elliott Hendrickson, Incorporated in the form approved by the City Attorney for the observation, construction staking, and engineering services on the 2023 PMP, for an amount not to exceed $253,400. Supporting Documents Project Location Map 132 PSA Construction of the 2023 PMP with Northwest Asphalt PSA for the 2023 PMP Construction Services with SEH 133 Orkla DrWisconsin Ave N23rd Ave N Wynnwood Rd 25th Ave N Bies DrJonellen Ln Winnetka Ave NXylon Ave NValdersAve NValders Ave N23 rd Ave NCounty Rd 156Me dic ine La k e Rd County Rd 70 WinnetkaHeightsDr OrklaDrValdersCtValdersAve N24th Av e N WisconsinAveN I 0 250 500125Feet Print Date: 8/25/2021Sources:-Hennepin County Surveyors Office for Property Lines (2020) & Aerial Photography (2018).-City of Golden Valley for all other layers.2023 PMP CIP Streets 2023, 1.27 miles local 134 FC - 1 CONTRACT NO. 23-01 AGREEMENT FOR THE 2023 PAVEMENT MANAGEMENT PROJECT NO. 23-01 THIS AGREEMENT (this “Agreement”), entered into the 21st day of March 2023 between the City of Golden Valley (the “City”), a municipal corporation, existing under the laws of the State of Minnesota, and Northwest Asphalt, 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 2023 Pavement Management Program (23-01) (the “Project”) according to the Plans and Specifications and all of the Contract Documents. Contractor shall commence and conclude the Work in accordance with the Contract Documents. Time is of the essence in this Agreement. Accordingly, Contractor shall complete the Work in accordance with the time schedule for commencement and completion of the Work set forth in the Contract Documents. Contractor shall complete the Work in every respect to the satisfaction and approval of the City. 135 FC - 2 ARTICLE 3. Contract Price.The City shall pay the Contractor the Contract Price in current funds for the Contractor’s performance of the Contract. The Contract Price shall be $5,981.021.94, subject to additions and deductions as provided in the Contract Documents. Installment payments, if any, on account of the Work shall be made in accordance with the provisions of the General Conditions. Final payment shall be due and payable on or before thirty (30) days after issuance of a Certificate of Final Completion issued by the City Engineer confirming that the Work has been fully completed and Contractor’s obligations fully performed by Contractor. ARTICLE 4. Contractor’s Bonds. Contractor shall make, execute and deliver to the City corporate surety bonds in a form approved by the City, in the sum of $5,981,021.94 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 Northwest Asphalt, 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, regulations or law; or (4) after finding that, for reasons beyond Contractor’s control, 136 FC - 3 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: NORTHWEST ASPHALT INCORPORATED BY ITS 137 1 PROFESSIONAL SERVICES AGREEMENT FOR PROVIDING THE PROFESSIONAL ENGINEERING CONSULTING SERVICES FOR THE RECONSTRUCTION OF STREETS AND UTILITIES FOR THE 2023 PAVEMENT MANAGEMENT PROGRAM #23-01 THIS AGREEMENT is made this March 21, 2023 (“Effective Date”) by and between Short Elliott Hendrickson, Incorporated a Minnesota corporation with its principal office at 3535 Vadnais Center Drive, St. Paul, MN 55110-3507 (“Consultant”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Consultant is engaged in the business of providing professional engineering consulting services. B. The City desires to hire Consultant to provide professional services for the reconstruction of streets and utilities for the 2023 Pavement Management Program. C. Consultant represents that it has the professional expertise and capabilities to provide the City with the requested professional services. D. The City desires to engage Consultant to provide the services described in this Agreement and Consultant is willing to provide such services on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and Consultant agree as follows: AGREEMENT 1. Services. Consultant agrees to provide the City with professional consulting services as described in the attached Exhibit A (the “Services”) at the locations depicted in the attached Exhibit B. Exhibits A and B shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. Consultant may reasonably rely on information and documents provided by or through the City. 2. Time for Completion. The Services shall be completed on or before December 31, 2023, provided that the parties may extend the stated deadline upon mutual written agreement. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Consultant for the Services on an hourly basis and for necessary out-of-pocket expenses at the rates set forth in Consultant’s fee schedule, attached hereto as Exhibit C. Consultant’s total compensation for the Services, including hourly fees and expenses, shall not exceed $253,400. 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. 138 2 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. 139 3 11. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: A. Workers’ Compensation and Employers’ Liability 1. Coverage A: Per state statute 2. Coverage B: $500,000 each accident $500,000 Disease – policy limit $500,000 Disease – each employee B. Commercial General Liability 1. $2,000,000 General Aggregate 2. $2,000,000 Products—Completed Operations Aggregate 3. $1,000,000 Each Occurrence 4. $1,000,000 Personal Injury C. Commercial Automobile Liability 1. $1,000,000 Combined single limit bodily injury and property damage. The Commercial Automobile Liability shall provide coverage for the following automobiles: i. All owned automobiles ii. All non-owned automobiles iii. All hired automobiles D. Umbrella Liability 1. $10,000,000 Each claim 2. $10,000,000 Annual aggregate The umbrella liability shall provide excess limits for the commercial general liability policies. E. Professional and Pollution Incident Liability Professional liability insurance including pollution incident liability coverage with limits of not less than: 1. $5,000,000 per claim 2. $5,000,000 annual aggregate Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment. 140 4 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 141 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 142 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 Jen Koehler, or designee who shall perform or supervise the performance of all Services. 24. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONSULTANT THE CITY Short Elliott Hendrickson, Inc Scott Haupt, PE 3535 Vadnais Center Drive shaupt@sehinc.com City of Golden Valley Jeff Oliver 7800 Golden Valley Road Golden Valley, MN 55437 joliver@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. 143 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. SHORT ELLIOTT HENDRICKSON, INC; CITY OF GOLDEN VALLEY: By: _________________________________ Name: ______________________________ Title: _______________________________ By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager 144 8 EXHIBIT A SCOPE OF SERVICES 145 Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-3507 651.490.2000 | 800.325.2055 | 888.908.8166 fax | sehinc.com SEH is 100% employee-owned | Affirmative Action–Equal Opportunity Employer February 9, 2023 RE: City of Golden Valley 2023 Pavement Management Program Construction Services Proposal City Project No. 23-01 SEH No. GOLDV P-169498 14.00 Mr. Jeff Oliver City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427-4588 Dear Mr. Oliver: Thank you for the opportunity to assist the City of Golden Valley in providing professional engineering services for the reconstruction of streets in the 2023 Pavement Management Program (PMP) project area. Short Elliott Hendrickson (SEH®) has recently completed final design services and the City is requesting a scope of work for construction services. This letter serves as the Scope of Services for the Agreement for Professional Services for the 2023 Pavement Management Program Project between the City of Golden Valley and SEH. BACKGROUND The City of Golden Valley proposes to reconstruct approximately 1.27 miles of residential streets in the northwest corner of the City. The project is generally bounded by Wisconsin Avenue North on the west, Winnetka Avenue North (County State Aid Highway (CSAH) 156) on the east, 23rd Avenue North on the south, and Medicine Lake Road (CSAH 70) on the north. The following streets are included in the project: · 23rd Avenue North: Xylon Avenue North to Winnetka Avenue North · Wynnwood Road: Valders Avenue North to Orkla Drive · Jonellen Lane: Bies Drive to Valders Avenue North · 25th Avenue North: Orkla Drive to Valders Avenue North · Wisconsin Avenue North: 23rd Avenue North to Orkla Drive · Orkla Drive: Wynnwood Road to Medicine Lake Road · Bies Drive: Wynnwood Road to 25th Avenue North · Valders Avenue North: 23rd Avenue North to Wynnwood Road · Valders Avenue North: Jonellen Lane to 25th Avenue North The proposed improvements include water main and storm sewer replacement, construction of an iron- enhanced filtration basin, sanitary sewer repairs, construction of concrete curb and gutter, concrete median construction, pedestrian ramp reconstruction, and street reconstruction. 146 Mr. Jeff Oliver February 9, 2023 Page 2 Construction services for the 2023 PMP include construction staking, providing a Resident Project Representative (RPR), and limited construction observation as described below. We understand the City will be providing overall construction administration on this project. SCOPE OF WORK Construction Staking SEH will provide a survey crew to perform construction staking for the proposed improvements within the proposed project area. Staking tasks for this project will include placement of horizontal and vertical control, utility staking for private utilities, water main stakes, sanitary sewer manhole stakes, storm sewer stakes, filtration basin stakes, curb and gutter stakes, blue tops after curb is in place, concrete median and pedestrian ramp stakes, and survey truck/equipment expenses. All survey coordination for construction staking and observation will be between the survey crew chief and the City. Resident Project Representative The Resident Project Representative (RPR) is the Engineer’s agent at the site and will act as directed by and under supervision of the Engineer. The RPR shall serve as the liaison with the contractor, working principally through the contractor’s superintendent. They will assist in helping the contractor understand the intent of the Contract Documents. The field personnel will review the progress schedule, shop drawings, and required submittals, Schedule of Materials Control and consult with the Engineer concerning acceptability. The RPR will be responsible for maintaining job site files, for correspondence, meeting reports, field orders, and supplemental agreements. They will maintain a daily diary and records pertaining to quantities, and will assist City staff with the applications for payment. The RPR will also keep information pertaining to record plans and will assist City staff with scheduling the survey crew based on staking requests from the contractor’s representative. Observation SEH will provide observation services including attendance at the pre-construction meeting and weekly construction meetings, and will perform shop drawing reviews for the proposed improvements. The proposed budget also includes minor technical support for geotechnical issues that may arise. Time has also been included in the proposed budget to assist the City with project closeout activities. Record Plans SEH will furnish the City with AutoCAD files for the City’s use in preparing the record drawings. PROJECT TEAM Scott Haupt and Steve Prall will be available to answer design related questions and provide coordination with field staff and Scott will provide project management of our contract with the City. They will also be available to review design issues in the field if necessary. Robb Stevenson will serve as the RPR and will assist the City with field representation. Nick Domiano will be the lead Survey Crew Chief. Brett Larsen will be available to provide geotechnical field support as may be required with the subgrade correction work. SCHEDULE We anticipate construction starting in April and ending in October 2023, however the actual schedule will depend on the Contractor’s schedule and weather. 147 Mr. Jeff Oliver February 9, 2023 Page 3 COMPENSATION SEH proposes to be compensated for the scope of work proposed in the Agreement on an hourly basis. Compensation will be based on the hourly cost of personnel plus reimbursable expenses, including reproductions, mileage, personal vehicle allowance, and equipment. Additional services required beyond the tasks and estimated hours as described can be negotiated or provided as extra work on an hourly basis. We have estimated a not-to-exceed fee of $253,400 for the proposed services. Anticipated tasks, hours and expenses are included in the attached work task breakdown. The City of Golden Valley will be invoiced for actual labor and reimbursable expenses incurred by SEH to complete the work. This agreement is an understanding of the project to date. If this document satisfactorily sets forth your understanding of our agreement, please sign in the space below and email SEH an electronic copy. We look forward to working with the City on the next phase of this project, and appreciate the continued opportunity to work with the City of Golden Valley. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Scott Haupt, PE (Lic. MN, WI) Senior Project Manager 148 2023 PMP - Construction Services Deliverables:Construction Observation, Construction Staking, Full Time RPR, Record Plan Assistance Project Manager Geotech Engineer Project Engineer Sr. RPR Admin Survey Crew 1 Observation/Administration Prepare & distribute Construction Documents 2 2 Precon meeting 4 2 8 2 Shop drawing review/coordination 8 4 20 Project administration/design coordination 40 16 24 6 On-site observation/weekly construction meetings 1400 2 Construction Staking Horizontal control 8 Pedestrian ramps & median 20 Sanitary sewer 14 Water main 30 Storm sewer 30 Curb and gutter 44 Filtration Basin 8 Data transfer 8 22 Blue tops after curb is in place 16 3 Record Drawings/Closeout Assistance Record plan & closeout assistance 8 20 20 Total hours 1786 62 16 58 1448 8 194 Project labor cost this phase $239,000 Equipment charges Mileage and Expenses $5,500 Reproductions $1,200 Survey Truck and Equipment $7,700 Total project cost this task $253,400 Assumptions: 1. Survey Crew and RPR based on assumed project schedule (mid April to mid-October). 2. Construction services are largely dependant on weather and contractor's schedule. RPR's estimate of hours based on 50 hours per week for 28 weeks. 3. The on-site observation/construction meetings task includes time for project closeout activities. 4. Materials sampling & testing will performed by others. 5. Record plan assistance includes preparing & providing design files to City for their staff's use in preparing Record Plans. 6. No record plan survey will be needed. Task 2/9/2023 11:42 AM S:\FJ\G\Goldv\Common\proposals\2023 PMP\Construction\2023 PMP Construction Services Proposal_02.09.2023.xlsx 149 EXHIBIT B LOCATION OF WORK DocuSign Envelope ID: E7E2C297-1A04-41F1-AB9A-4AF4D6E90E26 150 Orkla DrWisconsin Ave N23rd Ave N Wynnwood Rd 25th Ave N Bies DrJonellen Ln Winnetka Ave NXylon Ave NValdersAve NValders Ave N23 rd Ave NCounty Rd 156Me dic ine La k e Rd County Rd 70 WinnetkaHeightsDr OrklaDrValdersCtValdersAve N24th Av e N WisconsinAveN I 0 250 500125Feet Print Date: 8/25/2021Sources:-Hennepin County Surveyors Office for Property Lines (2020) & Aerial Photography (2018).-City of Golden Valley for all other layers.2023 PMP CIP Streets 2023, 1.27 miles local DocuSign Envelope ID: E7E2C297-1A04-41F1-AB9A-4AF4D6E90E26 151 EXHIBIT C FEE SCHEDULE DocuSign Envelope ID: E7E2C297-1A04-41F1-AB9A-4AF4D6E90E26 152 SHORT ELLIOTT HENDRICKSON INC. SEH HOURLY BILLABLE RATES – 2021 CLASSIFICATION - OFFICE STAFF BILLABLE RATE (1) Principal $170.00 - $270.00 Project Manager $140.00 - $240.00 Senior Project Specialist $135.00 - $220.00 Project Specialist $100.00 - $175.00 Senior Professional Engineer I $115.00 - $180.00 Senior Professional Engineer II $140.00 - $225.00 Professional Engineer $105.00 - $165.00 Graduate Engineer $85.00 - $135.00 Senior Architect $125.00 - $210.00 Architect $110.00 - $150.00 Graduate Architect $85.00 - $110.00 Senior Landscape Architect $115.00 - $170.00 Landscape Architect $95.00 - $125.00 Graduate Landscape Architect $85.00 - $100.00 Senior Scientist $130.00 - $170.00 Scientist $90.00 - $135.00 Graduate Scientist $80.00 - $105.00 Senior Planner $130.00 - $210.00 Planner $100.00 - $150.00 Graduate Planner $90.00 - $120.00 Senior GIS Analyst $110.00 - $175.00 GIS Analyst $100.00 - $120.00 Project Design Leader $120.00 - $185.00 Lead Technician $105.00 - $170.00 Senior Technician $90.00 - $135.00 Technician $65.00 - $115.00 Graphic Designer $90.00 - $145.00 Administrative Professional $55.00 - $130.00 CLASSIFICATION - FIELD STAFF BILLABLE RATE (1) Professional Land Surveyor $110.00 - $160.00 Lead Resident Project Representative $95.00 - $155.00 Senior Project Representative $90.00 - $135.00 Project Representative $75.00 - $125.00 Survey Crew Chief $85.00 - $135.00 Survey Instrument Operator $60.00 -$95.00 (1) The actual rate charged is dependent upon the hourly rate of the employee assigned to the project. The rates shown are subject to change. Effective: January 1, 2021 Expires: December 31, 2021 DocuSign Envelope ID: E7E2C297-1A04-41F1-AB9A-4AF4D6E90E26 153 SHORT ELLIOTT HENDRICKSON INC. SEH SCHEDULE OF EXPENSES – 2021 Vehicle Mileage Rates 2021 IRS Rate .........................................................................................$0.56/mile Vehicle Allowance Costs Resident Project Representative ..........................................................$16.00/day Survey and Field Vehicle ............................................. $4.50/hour + $0.56/mile Survey Equipment Robotic Total Station ..........................................................................$30.00/hour Global Positioning System (GPS) ......................................................$30.00/hour Computer Equipment Computer Charges per Direct Hour of Labor .....................................$3.00/hour Other Equipment Expenses SEH uses many different types of equipment, such as traffic counters; flow meters; air, water, and soil sampling kits; inspection cameras; density meters; and many others. Our equipment is frequently upgraded to utilize current technology. You will be charged for equipment usage per your agreement with SEH. Rates are subject to change. IDENTIFIABLE REPRODUCTION AND REPROGRAPHIC COSTS (1) (2) Item 8½x11 11x17 Large Format Per Item Black/White Copy (3)0.07 0.24 0.95 + 0.50/sq. ft. Color Copy (3)0.46 1.02 0.95 + 2.55/sq. ft. Mylar 5.00 CD Copy 3.00 Lamination 2.00 3.50 3.50/sq. ft. Laminated Foamcore - up to 30”x42” - larger than 40”x60” 40.00 75.00 3-Ring Binder size cost 1”2”3”4” 3.20 4.80 5.60 7.24 Machine Folding 0.02 Binding - wire - comb 3.60 3.20 Covers - custom - blank 0.15 0.03 Tabs (white)0.20 Mailing/Processing UPS or USPS rates (1) prices include operator time (2) prices denote single-sided printing (3) standard stock, white paper used for pricing Prices are subject to change and may not be accompanied by immediate notification. DocuSign Envelope ID: E7E2C297-1A04-41F1-AB9A-4AF4D6E90E26 154 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 21, 2023 Agenda Item 3F. Approve the 2023 Public Land Inventory Report Prepared By Myles Campbell, Planner Cherie Shoquist-Henderson, Housing and Economic Development Manager Heather Hegi, GIS Specialist Summary Annually, staff must report on the status of public property held by the City to the Housing and Redevelopment Authority (HRA), who then makes recommendation on the use of such property to the City Council. On March 21, the City HRA reviewed the public land inventory report and recommended the Council approve its contents. In 2022-2023, the City did not dispose or transfer any public land, although seven parcels were identified in the first and second rounds of the Homeownership Program for Equity (HOPE) for redevelopment as housing. Staff expects that the first three of these properties (1605 Douglas Dr, 208 Meander Rd, 4707 Circle Down) to be transferred to selected development partners later this summer. The parcels in the second wave of HOPE parcels are likely to be retained until Summer 2024. While the City did not transfer or dispose of any property it did acquire a single new parcel of land, located at 7901 23rd Ave N. A site plan for the property is included with this report. ID#149 in the land inventory, this property was acquired by the City for use in the 2023 Pavement Management Program (PMP) and is planned to be converted into a stormwater pond as part of this year's PMP. The parcel is located just west of DeCola Pond A and is anticipated to further help reduce flooding impacts on the neighborhood. The 2022 Public Land Inventory established recommended actions for all publicly held land, as can be seen in the attached tables. For this year's report, staff is proposing no changes to these recommendations. Financial or Budget Considerations The Public Land Inventory seeks to improve the efficiency and transparency of public land management. Legal Considerations This report does not require any legal review. 155 Equity Considerations The Public Land Disposition ordinance can help to eliminate biases in the handling of public lands when considering disposition, and was written to emphasize the potential benefit to City's affordable housing stock. Recommended Action Motion to approve the 2023 Public Land Inventory Report. Supporting Documents Public Land Inventory 2023 Map Public Land Inventory Table Site Map 7901 23rd Ave N 156 !!! !!! ! !!!! !!! ! ! ! ! ! !!!!!!!! ! ! !!!!! ! ! !!!!!! !!!!!!!!!!!!!!!!!! ! !!! ! ! !!!!!!! ! ! ! ! ! ! !!!!!!!!!!! ! ! ! ! ! !!! ! ! ! ! ! !!!!!!! ! !!!!!!!!!!!!!!!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! !! !!!! !!!!!!! !! ! ! ! !!! !!!!!!! !!!!!!!!!!!!! !!!!! !!!! !!!! !!!!!!!!!!!!! ! ! !!!!!!!!!!!!!!M edi c i neLakeBranchIkePond Colonial Pond Ottawa Pond Glen-woodPond EgretPond LilacPond DuluthPond St.CroixPond Chicago Pond LilacPond Pond CTurners PondGlen 1 Pond DuckPond Loop EPond Loop FPond Sweeney LakeWirth LakeTwin LakeB a s s et t C re e k Hampshire Pond DecolaPond A NorthRicePond West RingPond Cortlawn Pond DecolaPonds B & C Westwood Lake SchaperPond SouthRicePond East RingPond Bassett CreekDecolaPondE DecolaPond F BreckPond NatchezPond MinnaquaPond WirthPond Toledo/AngeloPond HoneywellPond StrawberryPond DecolaPond D Bas s e tt Cr ee k BassettC r e e k Basset t Cr eekBassettC r e e k BassettC reekSweeney L akeBranchNW LoopPondBoone Avenue PondMain Stem Pond B Pond C Bassett Creek NatureArea Pond Medicine Lake BrookviewPond A Hidden LakesPond 1 Pond 2A Pond 2B Pond 3 Schaper BallfieldPond Pond O Pond J Spirit of Hope Church Pond GoldenRidgePond Golden Meadows Pond SoccerFieldPond WestPond 201GeneralMillsPond HaroldPond Medicine Lake Road Pond Xenia MitigationPond 10th AvePond SpringPond Briar-woodPond LaurelHills Pond JFB NWPond LogisPond BrownieLake BirchPond MinnaquaWetland GrimesPondBassett CreekPark Pond SweeneyLakeBranchPond M Pond F Pond DP ond E Dover HillPondLiberty BasinS w e e n e y L akeBranchBrookviewGolf Course LionsPark WesleyPark Sochacki Park SchaperPark ScheidParkHampshirePark MedleyPark Briarwood Laurel Avenue Greenbelt Glenview TerracePark North TyrolPark Western AvenueMarsh Nature Area GeartyPark Sandburg AthleticFacility NatchezPark ValleyView ParkPennsylvaniaWoods BassettCreekNature Area WildwoodPark IsaacsonPark SouthTyrol Park SeemanPark AdelineNature Area YosemitePark StockmanPark Golden OaksPark St CroixPark LakeviewPark SweeneyPark Perpich CenterBall Fields Ronald B. Davis Community Center Brookview Park Westwood HillsNature Center (SLP) (MPRB) Theodore WirthRegional Park Eloise Butler WildflowerGarden and Bird Sanctuary Wirth LakeBeach Golden RidgeNature Area General Mills NaturePreserve General Mills ResearchNature Area BooneOpenSpace GoldenHills Pond MadisonPond SouthTyrolPond LibraryHill IdahoWetland GeorgiaOpen Space ArdmoreNorth&SouthPonds JanalynPond MeadowPond O p e n S p a c e OrklaOpenSpace PicnicPavilion Chalet SochackiPark (Three Rivers Park Dist.) Bassett Valley Open Space Byrd BluffOpenSpace → FishingDock PaisleyPark XeniaOpenSpace DahlbergOpenSpace Minnaqua Greenbelt (TRPD) (Mpls Park & Rec Board) Plymouth Avenue The Trailhead 456766 456770 456766 456740 456740 4567156 4567102 §¨¦394 §¨¦394 Æÿ55 Æÿ55 Æÿ100 Æÿ100 £¤169 £¤169 34th Ave N Medicine Lake Rd BroggerCir Knoll St Lilac Dr NLilac Dr NThotland Rd Mendelssohn Ave NWinnetka Ave NSunnyridgeCir Western Ave (WaterfordDr)Hillsboro Ave NZealandAve N Aquila Ave NOrkla DrWisconsin Ave N23rd Ave N KalternLn Wynnwood Rd 25th Ave N Bies DrJonellen Ln Sumter Ave NRhodeIslandAveNPatsy Ln Valders Ave NWinnetka Ave NDuluth St Florida Ave NSandburg Rd HeritageCirKentley Ave Wynnwood Rd Kenneth Way Unity Ave NB a s s e ttC r e e k D rQuailAveNScott Ave NLilac Dr NLowry Ter 33rd Ave N Noble Ave NCross LnQuail Ave NScott Ave NRegent Ave NToledo Ave NIndiana Ave N(BridgewaterRd)(WaterfordCt)(Hid d e nLnkesPkwy)Meadow Ln NFrance Ave NTopel Rd Unity Ave NPhoenix St Parkview TerWelcomeAveNWelcomeC ir W e l c o meAveNXeniaAveNZ a n e Av e NLindsay St St Croix Ave N St Croix Ave N Yosemite Ave NWolfberryLnBrunswick Ave NCounty Rd 102Westmore Way Green Valley Rd Louisiana Ave NKelly DrMaryland Ave NOlympia St Winsdale St Winnetka Ave NYukon CtWesleyDr W esley Dr Plymouth Ave N 10th Ave N Kelly DrVarner CirPennsylvania Ave NFaribault StQuebec Ave NRhode Island Ave NPhoenix St Knoll St County Rd 156Jersey Ave NCountryClubDr P h o e n ix S tDouglas DrGeorgia Ave NCou n ty R d40 Hampshire Ave NWestch esterCirJersey Ave NGardenParkQuebe c Av e SWinnetka Ave NWally St Ensign Ave N7th Ave N Golden Valle y R d Decatur Ave N10th Ave N Natchez Ave NXerxes Ave N (Mpls)Olson Memorial Hwy Cutacross Rd Olson Memorial Hwy Earl St Flag Ave NHampshire LnJersey Ave NFloridaAveNEdgewoodAve NDouglas DrDuluth Ln Scott Ave N Drake Rd Lowry Ter Kyle Ave NQuail Ave NPerry Ave NNoble Ave NCulver Rd Dawnview Ter Dona Ln Noble Ave NScottAveNGl e ndenTer Culver R d Marie Ln W Hampton Rd RegentAveNPerryAveNLilac Dr N27th Ave N Merribee Dr Kyle Ave NHampton RdOrchard Ave NMarie Ln E Lee Ave NKyle Ave NDresde n L n Kewanee W ay 26th Ave N Me ri d i a n D r P a r k v i e w B l v d Terrace LnManor DrMcNair DrByrd Ave N B a s s ettCreekDrMaryHillsDrZenith Ave NVista DrXerxes Ave NYork Ave NS t M a rg aret D rZephyr PlXerxes Ave NXerxes Ave N (Mpls)(SkylineDr)Spruce TrKyle PlW e s t b r o o k R d Noble Ave Frontage RdCircleDownOrchard Ave NPerryAveNWindsorWayWestbendR dUnity Ave NG reenview LnRegent Ave NSorell Ave Frontenac Ave Quail Ave NSt Croix Ave N Winsdale St StCroixCirAngelo DrUnity Ave NAlfred Rd Spring Valley RdN o b l e DrMajor DrAdeline LnAngelo DrAngelo DrWills PlToledo Ave NOttawa Ave NKillarney DrZane Ave NWoodstoc k A v e Woodstock Ave Loring LnYosemiteAveN Turners Crossroad NWestchesterCirN F r ontageRdFlorida Ave NHampshire Ave NPlymouth Ave N Idaho Ave NOlympia StHampshire Ave NArcher Ave NKelly DrPennsylvania Ave NDuluth St Xylon Ave NWisconsin Ave NSumter Ave NBoone Ave NWinsdale St Meadow Ln N DahlbergD r Woodstock Ave Poplar Dr Meadow Ln NChatelain T e r Natchez Ave NEdgewood Ave NK i n g s t o n C i r Glenwood Ave Country Club DrValdersAveNOrkla DrElgin PlDecaturAveN Indiana Ave NRoanoke CirWestern Ave Western Ave Harold Ave Loring Ln WestwoodDrNArdmoreDrWinsdale St Knoll St Oak Grove CirDuluth St Zane Ave NDouglas Dr27th Ave N Bonnie Ln Medicine Lake Rd Madison Ave W Nevada Ave NLouisiana Ave NCounty Rd 70 ValdersAve NValders Ave N23rd Ave N Rhode IslandAve NCounty Rd 156Medicine Lake Rd Mendelssohn Ave NWinsdale St St C ro ix Ave N June Ave NLegend DrLegendLn General Mills BlvdBoone Ave NSunnyridge LnGlenwood Ave Janalyn CirJanalyn CirGlencrest Rd Meadow Ln SWayzata BlvdWestwood Dr SWestwoodLn StrawberryLnOttawa Ave NOttawa Ave SNatchez Ave S Tyrol Crest SussexRdJune Ave SWayzata Blvd FairlawnWayNatchez Ave SOttawa Ave SPrincetonAve SDouglas Ave Circle DownTurners Crossroad SGolden Hills Dr Laurel AveLaurel Ave Hampshire Ave SDakota Ave SBrunswick Ave SKing Hill RdGlenwood Ave Colonial Dr Medicine Lake Rd FloridaAveSAlley Market StMarket St Louisiana Ave SLaurel AvePennsylvania Ave SRhode Island Ave SSumter Ave SUtah Ave SGregory Rd VermontAve SWi sc o ns i n AveSGeneral Mills BlvdHanley RdRidgeway Rd Laurel Ave QubecAve S County Rd 102Nevada Ave SColonial RdLouisianaAveSKentucky Ave SJersey Ave SHeathbrookeCir G le n w o o d P k w y (Carriage Path)Xenia Ave SFlorida CtLilacD r NOlson Memorial Hwy Schaper Rd Lilac Dr NG o ld en V alley R dLilac Dr N(WoodlandTrail)(Wat.Dr) BassettCreek Ln (NobleDr)France Ave S (Mpls)N Frontage Rd S Frontage Rd Olson Mem HwyAdair Ave NAdair Ave NWestbrookRd 34th Ave N Mendelssohn Ave NAlley-Unimproved--Unimproved- Wayzata Blvd Wayzata BlvdBoone Ave NG o ld e n V a lle y D rSchullerCirN F r o n t a g e R d S F r o n t a g e R d Rhode IslandAve N Pennsylvania Ave SAlley Alley (Private)AlleyAlleyLilac Dr NXerxes Ave N (Mpls)Harold Ave WestwoodDr N Ardmore DrT h e o d o r e Wirt h P k w y Tyrol Tr(Mendelssohn Ln)AlleyS Frontage Rd AlpinePassBren n e r PassDoug la s Ave QuentinAveSTyrol TrailTy r olTr a ilSunsetRidge Westw oodDrS RavineTrTyrol Trai l J analyn C irMadd usLn MeadowLnS AvondaleRdBurntsideDr S u nnyridgeLnBru n swickAveNLeberLn C loverleafDrCloverLnCl overleaf D r TheodoreWirthPkwyBeverly Ave B u rn tsideDrSpringValleyRdT oledoAveN Duluth St GoldenValle y R dSpringValleyCirC oun t y Rd 66 (Island Dr)(IslandDr)GoldenValley Rd TheodoreWirthPkwyW irth P kw y W ay z a t aBl vd G le n w o o d P kwyPlymouthAve N (Mpls )ZenithAveNCrest vi ewA ve By r d A v e N Hwy 55 Glenwood Ave Bassett CreekDrLegend DrLeeAveNLeeAveNMajorAveNLeeAveNE l m daleRd AdellA veM in n a q uaDr M innaquaD r ToledoAveNOrdwayMa rkayRidge Orchard Ave NN o r m a n d y P l CherokeePlQuailAveNRegentAveNTr ito n DrT r ito n D rL o w r y Ter 3 3rd AveN SandburgLn Lamplighter L n BrookridgeAveNValeCrestRdWinfieldAveCounty Rd 66 P ark Place Blv d (SLP)I-394SFr o n tage Rd (SLP )Xeni aAveSCounty Rd 70 L ilacD rNLilacDrNLilacD r NConstanceDrWConstanceDrESandburg Rd S Frontage Rd N Frontage Rd N Frontage RdOlsonMemorialHwy S F r o n t a g e R d O l s o n M e m o r ia lH w y OlsonMemorialHwy Valleywo odCirYosemite CirLawn TerR adisson Rd Turnpike RdA lle y AlleyTu r npikeR d Col on ial Dr GlenwoodAve BrunswickAve NMeanderRd MeanderRdIdahoAveNHaroldAve Wayzata Blvd I-394SFrontageRd Edgewo odAveSIdahoAveNCortlawnCirWCortlawn Cir S CortlawnCirN Dawnv i e wTerCounty Rd 70 EdgewoodAveSK in gCreekRdKentu ckyAveNLouisianaAveNMarylandAve SRhodeIslandAveSRidgewayRdEwaldTe rWestern Ter FieldD r Brookview Pk w y N Harold Ave HalfMoonDr RidgewayRdG oldenValleyR d(B a s sett Creek Blvd) Lewis Rd 10thAve N EllisLnPlym outhAveN Plymouth Ave N Faribault St OrklaDrCastleCt Winnetka Heights D rKelly Dr Maryland A v eNHampshire Pl Olympia St Oregon Ave NQuebecAveNValdersAveNOrklaDrKnoll S tWisconsin AveNWinsdaleSt Mandan AveNCounty Rd 102AquilaAveNAquila AveNZealandAveNJulianne Ter J u lia nneTerPatsy Ln WisconsinAveNAquilaAveNWestbend Rd WinnetkaHeightsDr ZealandAveNOrklaDrValdersCtValdersAve NWinnetkaHeights Dr A q uilaAveNZealandAveNS cottAveNRose ManorDuluthSt Duluth St CavellAveNEnsignAveNElg in Pl 23 r d Ave N Medle y L n (Medley Rd) (Medley C ir)H illsboroAveN(English Cir )(MayfairR d)(Kin g sVa l l e y Rd)(K ings V al leyRdE)(KingsVall e yRd W ) ( S tr o d e n C ir)(Tama rin Tr ) (Mar qui sRd) Ski Hill R d MajorCirLeeAveNMajorAveNRhodeIslandAveNG o ld en V alleyR d G o ld e n V a lle y R dG olden V alleyR d Hwy100H w y 10 0Hwy100Hwy100Hwy100Hwy100 H w y 3 9 4 Hwy 394 Hwy 394 Hwy 394 Hwy 394ColoradoAve NHwy169Hwy169Hwy169Hwy169Hwy169Colorado Ave SGoldenHills DrPaisleyLnPaisleyLn I-394NFrontageRd I -3 9 4 N Frontage Rd WayzataBlvd I-394SFrontag e R d York AveNValeryRdW asatchLn Hwy 55 Hwy 55 H w y 5 5 O l s o n M e m o r i a l H w yHwy 55 H w y 5 5 County Rd 40 County Rd 40 Glenwood A v e CountyR d 4 0 CountyRd40 GoldenValley R d C o u nty Rd 66ManchesterDr County Rd 156OregonAveS24th Ave N LilacDrNRoanokeRdLouisianaAveN Turnpike RdLilacLoop (Sunnyridge Ln)WisconsinAveN GettysburgCt(Laurel Pt) (Laure lCurv)Independence Ave NGettysburg Ave NFlag Ave NWheelerBlvdAlleyNaper St B e tty CrockerDr Decatur Ave N(WesleyCommonsDr)Winnetka Ave S Winnetka Ave SHanley RdBrookviewPkwySWayzataBlvd I-394 S Front a g e R d Olympia St Independence Ave NHillsboro Ave NGettysburg Ave NPassG reenway1 44 20 55 34 51 18 19 11 14 40 8 52 30 50 43 4241 13 27 16 15 49 25 22 58 32 45 38 46 21 56 31 17 3935 24 12 57 4 54 28 23 7 48 5 9 29 117 104 108109107 99 123 100 124 110 118 125 112 101 126 127 103 115 98 120 119 122 114 102 113 128 121 134 136 143 138 139 141 142 144 145 146 147 148 P21 P1 P5 P35 P36 P3 P31 P6 P7 P8 P32A P34B P26C P23 P34A P59 P9A P13 P9B P57 P30 P4 P2 P26B P58 P32B P12 P15 P19 P16 P33 P11 P56 P18 P20 P17 P29 P60P34C P55 P14 P73 P61 P62 149 Remnant Parcels & Unimproved ROW Real Property Preserve as public property (85) Transfer to adjacent owner (12) Possible development potential (7) Do not own in fee Preserve as open space (5) Transfer to adjacent owner (17) Possible development potential (8) Print Date: 3/15/2023Sources: Hennepin County Surveyors Office for Property Lines (2022). City of Golden Valley for all other layers.I 157 ID Type Description Maintained Primary Land CoverCommentsTax Forfeit Tax Forfeit Use/PurposeSq. Ft. Acres Staff & EC Recommendation1Open Space Yes Road No 2,283 0.05 Keep as Open Space (ROW)4Open Space Flag Ave N No Trees3 parcels, steep slope presentYesStreet Utilities, Park, Public Access, and Open Space23,381 0.54 Keep as Open Space5Open Space Plymouth Avenue Open Space No Trees No 118,494 2.72 Keep as Open Space7Open Space Orkla Open Space Yes TurfTurf maintained by city weekly.No 68,287 1.57 Keep as Open Space8Open Space No VegetationTransfer and retain esmt or continue to hold tax forfeit property. Has wetland and storm pipe present.YesUtility2,709 0.06 Transfer9Open Space Boone Open Space Yes Vegetative BufferUnderground UtilitiesNo 92,159 2.12 Keep as Open Space11Open Space Yes TurfAdjacent Owner maintain. Sliver of land.YesUtility R/W4,825 0.11 Transfer12Open Space Madison Pond Yes Vegetative Buffer No 37,925 0.87 Keep as Open Space13Open Space No TreesUnderground Utilities present. Need to retain esmts if transfer.YesStreet and Sewer Purposes11,280 0.26 Transfer14Open Space Yes TurfAdjacent Owner maintain.No 4,815 0.11 Transfer15Open Space Yes TurfProperty for Douglas Dr ProjectNo 14,262 0.33 Develop16Open Space Yes TurfProperty for Douglas Dr ProjectNo 14,261 0.33 Keep as Open Space17Open Space Library Hill Yes TurfTurf maintained by city about ever other week, streetscape, underground utilitiesNo 37,823 0.87 Keep as Open Space18Open Space No Water FeatureBassett Creek channelYesDrainage1,939 0.04 Keep as Open Space19Open Space No TreesUnderground Utilities and easements present, have keep because the deed has a right of reverter to the state.Yes 2,223 0.05 Keep as Open Space20Open Space No TreesSliver of land. Easements present. Have keep because the deed has a right of reverter to the state.YesPonding284 0.01 Keep as Open Space21Open Space No Trees No 26,813 0.62 Develop22Open Space Yes Water FeatureTurf near road maintained by city 2‐3 times a year, remainder is road and pond, Underground UtilitiesNo 17,852 0.41 Keep as Open Space23Open Space Idaho Wetland No Water Feature YesDrainage88,165 2.02 Keep as Open Space24Open Space Georgia Open Space Yes Water FeatureTurf portion mowed about every other week. The rest is a wetland with cattails.No 36,480 0.84 Keep as Open Space25Open Space No Water Feature No 15,842 0.36 Keep as Open Space27Open Space No Trees YesDrainage13,443 0.31 Develop28Open Space Golden Hills Pond Yes Vegetative Buffer No 73,274 1.68 Keep as Open Space29Open Space Xenia Open Space Yes Vegetative Buffer No 216,569 4.97 Keep as Open Space30Open Space Yes TurfAdjacent Owner maintains. Transfer should only occur as part of development.No 8,180 0.19 Transfer31Open Space Yes TreesWooded, low, turf by road maintained by city 2‐3 times a year, underground utilities present. Could be developed with adjacent underutilized parcels.No 32,852 0.75 Develop32Open Space No TreesNo utilities present, steep slope, adjacent to Sochacki, add to park areaNo 20,546 0.47 Keep as Open Space34Open Space Yes Road No 900 0.02 Keep as Open Space (ROW)158 35Open Space Bassett Valley Open Space No Water FeatureSmall portions are mowed, Underground UtilitiesYesPark and Ponding Area124,757 2.86 Keep as Open Space38Open Space Minnaqua Greenbelt Yes Vegetative BufferMultiple parcels, some tax forfeit, floodplain area.YesRecreation and Ponding Area216,676 4.97 Keep as Open Space39Open Space Byrd Bluff Open Space Yes TreesSteep slope, turf by road maintained by city about ever other week.No 50,708 1.16 Keep as Open Space40Open Space Yes TurfShould be sold to neighboring property.No 5,003 0.11 Transfer41Open Space Yes TurfPlatted as park. Nearby owners maintain. Bordered by r.o.w., accessible. Pocket park potential.No 10,588 0.24 Keep as Open Space42Open Space Yes TurfPlatted as park. Turf maintained by city weekly ‐ need to check this. Not very accessible. Possible potential for pocket park if retained.No 9,917 0.23 Keep as Open Space43Open Space No TreesUnderground UtilitiesYesPonding Area8,295 0.19 Keep as Open Space44Open Space Yes RoadAdjacent Owner maintain, Underground UtilitiesNo 2,750 0.06 Keep as Open Space (ROW)45Open Space Yes TrailRegional trail. Turf maintained by Three Rivers Park District as per a Maintenance AgreementNo 20,720 0.48 Keep as Open Space46Open Space No TreesProperty adjacent to Wirth and railroad.No 23,036 0.53 Transfer48Open Space Dahlberg Open Space Yes TurfRegional pond. Adjacent Owner maintain turf (Animal Humane Society?), Underground UtilitiesNo 196,578 4.51 Keep as Open Space49Open Space Yes TurfTurf maintained by city 2‐3 times a year.No 14,841 0.34 Keep as Open Space50Open Space No Water FeatureSweeney Branch of Bassett CreekYesNothing8,198 0.19 Keep as Open Space51Open Space Yes TurfAdjacent Owner maintain. No City utilities present.No 1,207 0.03 Transfer52Open Space No Trees No 12,409 0.28 Keep as Open Space54Open Space Ardmore North and South Ponds No Water Feature YesConveyed58,212 1.34 Keep as Open Space55Open Space No TreesSliver of land.YesStreet and Utility R/W367 0.01 Transfer56Open Space Janalyn Pond No Water Feature No 27,359 0.63 Keep as Open Space57Open Space Meadow Pond No Water Feature No 46,250 1.06 Keep as Open Space58Open Space South Tyrol Pond Yes Vegetative Buffer No 36,984 0.85 Keep as Open Space134Open Space Yes TurfProperty for Douglas Dr ProjectNo 22,680 0.52 Develop136Open Space Yes TurfProperty for Douglas Dr ProjectNo 10,694 0.25 Develop138Open Space Yes TurfProperty for Douglas Dr ProjectNo 14,854 0.34 Keep as Open Space139Open Space Yes TurfProperty for Douglas Dr Project. Combine with adjacent underutilized parcels for development.No 28,773 0.66 Develop141Open Space Yes TurfProperty for Douglas Dr ProjectNo 12,073 0.28 Transfer142Open Space Yes TurfProperty for flood mitigation projectNo 7,319 0.17 Keep as Open Space146Open Space Spring Green South Open Space Yes TurfProperty for ponding and a trailNo 24,199 0.556 Keep as Open Space147Open Space 1800 Zephyr Pl No TreesSlopped property with utilities, super difficult to build on, many abandoned developer plansNo 10,655 0.24 Keep as Open Space148Open Space 6920 Glenwood Ave Yes Water FeatureProperty for ponding and a trailNo 13,955 0.32 Keep as Open Space149Open Space 7901 23rd Ave N Yes Future Water FeatureProperty optained for ponding in 2023 PMPNo 14,290 0.33 Keep as Open Space98Turnback I‐394 Yes TurfAdjacent Owner maintain turf.9,491 0.22 Transfer99Turnback I‐394 Yes TurfTurf by trail maintained by city about every other week.2,400 0.06 Transfer 159 100Turnback I‐394 Yes TurfAdjacent Owner maintain turf.4,487 0.1 Transfer101Turnback I‐394 Yes Turf(note ‐ need to remap this) Adjacent Owner maintain turf, Underground Utilities present, transfer only if adjacent property is developed8,213 0.19 Transfer102Turnback I‐394 No VegetationUnderground Utilities present.23,853 0.55 Develop103Turnback I‐394 Yes TurfAdjacent Owner maintain turf. May make more sense to transfer parcels to adj owners. Variance to develop?12,691 0.29 Develop MnDOT104Turnback I‐394 Yes TurfAdjacent Owner maintain turf.3,626 0.08 Transfer107Turnback I‐394 No VegetationUnderground Utilities3,036 0.07 Keep as Open Space108Turnback I‐394 Yes TurfAdjacent Owner maintain turf.2,275 0.05 Transfer109Turnback I‐394 Yes TurfAdjacent Owner maintain turf.367 0.01 Transfer110Turnback I‐394 No Trees 5,632 0.13 Transfer112Turnback Hwy 100 Yes TurfHoneywell soil and groundwater wells, treatment system present8,221 0.19 Keep as Open Space113Turnback Hwy 100 Yes TurfAdjacent Owner maintain turf, Underground Utilities29,489 0.68 Develop MnDOT114Turnback Hwy 100 No Trees 22,628 0.52 Develop115Turnback Hwy 100 No Vegetation 11,216 0.26 Develop117Turnback Hwy 100 Yes VegetationCity mows 2‐3 times a year.30,294 0.7 Keep as Open Space118Turnback Hwy 100 Yes TurfCity mows 2‐3 times a year.6,190 0.14 Keep as Open Space119Turnback Hwy 100 Yes TurfAdjacent Owner maintain turf.18,886 0.43 Transfer120Turnback Hwy 100 Yes TurfAdjacent Owner maintain turf.17,064 0.39 Transfer121Turnback Hwy 100 No TreesPart of the property is mowed 2‐3 times a year. MnDOT only had highway esmt here.110,247 2.53 Develop122Turnback Hwy 100 No Vegetation 21,612 0.5 Develop MnDOT123Turnback Hwy 100 Yes TurfAdjacent Owner maintain turf.4,161 0.1 Transfer124Turnback Hwy 100 No Vegetation 5,797 0.13 Transfer125Turnback Hwy 100 Yes TurfAdjacent Owner maintain turf.7,058 0.16 Transfer126Turnback Hwy 100 Yes TurfAdjacent Owner maintain turf.10,324 0.24 Transfer127Turnback Hwy 100 Yes RoadAdjacent Owner maintain turf.10,882 0.25 Transfer128Turnback Hwy 100 No TreesTransfer only if redevelopment or Lilac Dr removed.35,908 0.82 Transfer143Turnback Hwy 55 No TreesMnDOT or Southwirth Apts maintains Turf alongside Hwy 5545,291 1.04 Transfer144Turnback Hwy 169 No VegetationPortions may be transferred, depends on r.o.w. avail22,460 0.52 Keep as Open Space145Turnback Hwy 100 Yes Turf12,320 0.28 Develop MnDOTP1Park Brookview Park1,006,568 23.11 KeepP2Park Gearty Park200,500 4.60 KeepP3Park Hampshire Park609,653 14.00 KeepP4Park Lakeview Park211,678 4.86 KeepP5Park Lions Park817,978 18.78 KeepP6Park Medley Park554,248 12.72 KeepP7Park Schaper Park491,355 11.28 KeepP8Park Scheid Park451,043 10.35 KeepP9APark Wesley Park (North)469,505 10.78 KeepP9BPark Wesley Park (South)395,955 9.09 Keep 160 P11Park Golden Oaks Park80,938 1.86 KeepP12Park Natchez Park236,220 5.42 KeepP13Park North Tyrol Park398,112 9.14 KeepP14Park Paisley Park17,629 0.40 KeepP15Park Seeman Park195,328 4.48 KeepP16Park South Tyrol Park154,893 3.56 KeepP17Park St Croix Park62,768 1.44 KeepP18Park Stockman Park68,277 1.57 KeepP19Park Wildwood Park182,224 4.18 KeepP20Park Yosemite Park64,177 1.47 KeepP21Park Brookview Golden Valley6,678,384 153.32 KeepP23Park Isaacson Park475,683 10.92 KeepP26BPark Sochacki Park (Rice Pond Mngmt Unit)398,983 9.16 KeepP26CPark Sochacki Park (Mary Hills Mngmt Unit)685,951 15.75 KeepP29Nature Area Adeline Nature Area54,475 1.25 KeepP30Nature Area Bassett Creek Nature Area331,633 7.61 KeepP31Nature Area Briarwood Nature Area873,958 20.06 KeepP32ANature Area General Mills Nature Preserve (North)823,280 18.90 KeepP32BNature Area General Mills Nature Preserve (South)337,228 7.74 KeepP33Nature Area Golden Ridge Nature Area109,279 2.51 KeepP34ANature Area Laurel Ave Greenbelt (E & W Ring Ponds)633,557 14.54 KeepP34BNature Area Laurel Ave Greenbelt (Cortlawn Pond)752,061 17.27 KeepP34CNature Area Laurel Ave Greenbelt56,499 1.30 KeepP35Nature Area Pennsylvania Woods1,031,689 23.68 KeepP36Nature Area Western Avenue Marsh942,915 21.65 KeepP55Community Facility Golden Valley Cemetery31,885 0.73 KeepP56Community Facility75,176 1.73 KeepP57Community Facility358,816 8.24 KeepP58Community Facility279,191 6.41 KeepP59Community Facility City Hall Campus444,182 10.20 KeepP60Community Facility48,567 1.11 KeepP61Community Facility1,766 0.04 KeepP62Community Facility212 0.00 KeepP73Other12,892 0.30 Keep 161 23rd Ave N Winnetka Ave N0 50 10025Feet 7901 23r d Ave N by the City of Golden Valley, 3/15/2023 I162 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 21, 2023 Agenda Item 4A. Land Use and Zoning Map Amendments and Preliminary Plat for 8200 Golden Valley Road and 8240 Golden Valley Drive 1. Approve Resolution No. 23-016 - Amending the Future Land Use Map 2. Approve Ordinance No. 760 - Amending the Zoning Map 3. Approve the Preliminary Plat (Golden Valley Apartments) Prepared By Jason Zimmerman, Planning Manager Summary Sentinel Management Company is proposing three planning actions to allow for the redevelopment of two properties bounded by Golden Valley Road, Wisconsin Avenue North, and Golden Valley Drive. They are requesting a change in the guided land use to Community Mixed Use, a change in the zoning designation to Community Mixed Use, and a revised plat that modifies the sizes of the two existing parcels. The proposed project would result in a 302-unit multifamily building wrapped around a 450 space parking ramp, as well as a new single-story Wells Fargo branch bank. At its meeting on February 27, 2023, the Planning Commission voted unanimously (5-0) to recommend approval of the land use change, the rezoning, and the preliminary plat. Proposal The applicant has been working closely with City staff for over a year to develop a site plan that provides new housing within the downtown while also downsizing the footprint of the existing Wells Fargo branch. Proposed plans show a 302-unit multifamily building that wraps around and conceals a five-story parking ramp on the north half of the site, with wings that extend south and shelter an outdoor amenity area facing Golden Valley Drive. The building would be five to six stories in height and the ground level units would be walk-ups with direct individual access to the sidewalk encircling the site. Access to the parking ramp would be on Golden Valley Road opposite an existing driveway into the Wesley Common townhome development, and to the west on Wisconsin Avenue opposite the existing entrance to the Valley Creek Office Park. The smaller parcel in the southwest corner would contain a new one-story Wells Fargo branch building with a surface parking lot and access from Wisconsin and a newly create cul-de-sac on Golden Valley Drive. It would include a two-lane drive-thru to the east of the building. 163 Space would be provided for new off-street bicycle/pedestrian trails along the east side of Wisconsin Ave and the south side of Golden Valley Road, consistent with the City’s Bicycle and Pedestrian Plan and eventually connecting the Luce Line Regional Trail to the north with a future Bus Rapid Transit station at Winnetka and Hwy 55. A narrative provided by the applicant is attached and describes the project in more detail. Analysis Please see the attached memos to the Planning Commission dated February 27, 2023, for a full staff analysis with findings of fact for the land use, zoning, and platting requests. In summary, staff believes that the changes to the land use plan and zoning are consistent with the goals and objectives of the 2040 Comprehensive Plan and help support the Council's vision for the downtown so should be approved. The preliminary plat, as proposed, meets the City's minimum requirements so should also be approved. In many past requests involving both a land use change and a zoning change, the City Council has been asked to table the vote on the zoning portion in order to allow time for the Metropolitan Council to review and approve the land use change. However, the change in land use designation being proposed – from Neighborhood Mixed Use to Community Mixed Use – is a minor adjustment and will almost certainly be approved. Planning staff have confirmed that this will be reviewed administratively and quickly by Met Council staff, and so – after consulting with the City Attorney – are comfortable recommending that the City Council move directly to a vote on the zoning without the usual delay. It is important to note that while a specific proposal is being brought forward by the applicant, the actions before the City Council are not technically tied to this project as the construction of the building would be, for the most part, carried out "by right." Because this would become a Mixed Use zoning district if approved, the Planning Commission would have a future role in evaluating the specifics of the proposal against the Mixed Use standards in City Code. The applicant has tentatively scheduled this evaluation for the March 27 Planning Commission meeting. Public Comments Prior to the Planning Commission meeting in February, staff received two comments via the Golden Valley Speaks website and eight emails. Eight people spoke at the public hearing. Since then, staff/City Council Members have received at least 11 additional emails along with phone calls. Discussion has also continued on social media. Those who spoke in favor of the changes cited an alignment with the City's vision for creating more residential opportunities in the downtown, as described in the 2040 Comprehensive Plan and affirmed in the Downtown Study final report (see Downtown Redevelopment Framework Plan ). They also pointed to the provision of new affordable units within the building. Those who opposed the changes – mostly residents in Wesley Commons – cited increased traffic (both congestion and speeding were mentioned), shading, privacy concerns, impacts to home values, and worries about crime. Financial or Budget Considerations The applicant anticipates requesting Tax Increment Financing to help fund the affordable units that 164 will be required as a result of their proposal. At the appropriate time, review of this request will be handled by the Planning Commission, Housing and Redevelopment Authority, and City Council. Legal Considerations The City Council has a great deal of liberty to approve guided land uses that are consistent with the vision and direction of the City. Should the Council approve a change to the land use map, it should also amend the zoning map to maintain consistency between the two documents, as requited under State statute. If the preliminary plat meets the minimum standards outlined in Chapter 109 of City Code, it should be approved – though conditions to ensure any outstanding issues are addressed prior to consideration of the final plat may be appropriate. Equity Considerations Between the City's stated efforts to prioritize the creation of more housing – including more affordable housing, its Equity Plan that includes a pillar of creating Economic Prosperity for All, and its key role in the Just Deeds Coalition identifying and dismantling barriers to equity, staff believes that the land use and zoning changes proposed for the two parcels is consistent with the City's goals and should be approved. Providing 302 families – including 46 families meeting the 60% AMI target – with the opportunity to live in a new building at the edge of downtown within a few blocks of civic and commercial properties and to be positioned to take advantage of future mass transit on Highway 55 would be an equitable act by the City. Recommended Action Based on the findings of fact and factors of evaluation for platting, staff recommend the following actions: Motion to adopt Resolution No. 23-016, Amendment to the Future Land Use Map Designating 8200 Golden Valley Road and 8240 Golden Valley Drive as Community Mixed Use, and to authorize staff to forward the requests to the Metropolitan Council for review. Motion to adopt Ordinance No. 760 Amending the Zoning Map and Rezoning Properties at 8200 Golden Valley Road and 8240 Golden Valley Drive from Commercial to Community Mixed Use. Motion to approve the proposed Preliminary Plat for 8200 Golden Valley Road and 8240 Golden Valley Drive (Golden Valley Apartments) subject to the following conditions: 1. The applicant shall modify the final plat to accommodate the planned cul-de-sac on Golden Valley Drive. 2. The applicant shall work with staff to evaluate if any additional modifications to the final plat are required in order to accommodate a future mini roundabout at the intersection of Wisconsin Avenue and Golden Valley Road. 3. A park dedication fee equal to 6% of the land value shall be paid prior to the release of the final plat. 4. The City Attorney will determine if a title review is necessary prior to approval of the final plat. Supporting Documents Land use memo - Sentinel - PC - 02 27 23 Future Land Use Map Project Overview and Building Perspectives 165 Multifamily Building Plans and Elevations Wells Fargo Plans and Elevations Selection from Downtown Redevelopment Traffic Study dated November 11, 2022 Rezoning memo - Sentinel - PC - 02 27 23 Zoning Map Platting memo - Sentinel - PC - 02 27 23 Preliminary Plat for Golden Valley Apartments DRAFT Minutes from the Planning Commission meeting of February 27, 2023 Resolution No. 23-016 Land Use - Sentinel Apartments Ordinance No. 760 Amending the Zoning Map and Rezoning Properties at 8200 Golden Valley Road and 8240 Golden Valley Drive Public Comments received via Golden Valley Speaks for Planning Commission Public Comments received via Email for Planning Commission Public Comments received via Email for City Council 166 1 Community Development Department Date: February 27, 2023 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing – Future Land Use Map Amendment for 8200 Golden Valley Road and 8240 Golden Valley Drive Property address: 8200 Golden Valley Road and 8240 Golden Valley Drive Applicant: Sentinel Management Company Property owner: Marquette Bank N A and Park Nicollet Real Estate Current use: Bank and vacant office building Lot size: 3.8 acres total Guided Land Use: Neighborhood Mixed Use Proposed Land Use: Community Mixed Use Current Zoning: Commercial Proposed Zoning: Community Mixed Use Adjacent uses: Commercial/retail (south), townhomes (east and north), office (west) 2021 aerial photo (Hennepin County) 167 2 Summary of Request Sentinel Management Company is proposing three planning actions to allow for the redevelopment of two properties bounded by Golden Valley Road, Wisconsin Avenue North, and Golden Valley Drive. They are requesting a change in the guided land use, a change in the zoning designation, and a revised plat that modifies the sizes of the two existing parcels. The proposed project would result in a 302-unit multifamily building wrapped around a 450 space parking ramp, as well as a new single-story Wells Fargo branch bank. Existing Conditions 8200 Golden Valley Road is a 2.74 acre property containing a single -story Wells Fargo bank with five drive-thru lanes built in 1974. Access to the large 100-stall surface parking lot is currently provided from the north and northeast, while the exit from the drive -thru lanes happens at Golden Valley Drive to the south. A free-standing drive-up ATM is also located within the parking lot. 8240 Golden Valley Drive is a 1.06 acre property that has a 1966 single-story office building which until a few years ago housed a Park Nicollet medical clinic. The building is currently vacant. It is surrounded by approximately 65 parking stalls and has access to both Wisconsin Avenue and Golden Valley Drive. To the north of the site, the Wesley Commons townhomes line Golden Valley Road. To the west are the three office buildings of the Valley Creek Office Park. To the south, All S trings Attached, the Lighting Outlet Center, and the western portion of the Golden Valley Shopping Center provide a buffer to Olson Memorial Highway. The high point of the site is in the northwest corner and the topography generally drops in elevation by approximately 10 feet moving to the south and east property lines. The intersection of Wisconsin Ave and Golden Valley Road is controlled by a four-way stop. Golden Valley Road is constructed with a center median that provides limited turning movements. G olden Valley Drive is accessed from Golden Valley Road but does not continue through to Wisconsin due to the close proximity of that previous access point to Hwy 55. Proposal The applicant has been working closely with City staff for over a year to develo p a site plan that provides new housing within the downtown area while also downsizing the footprint of the existing Wells Fargo branch. Proposed plans show a 302-unit multifamily building that wraps around and conceals a five-story parking ramp on the north half of the site, with wings that extend south and shelter an outdoor amenity area facing Golden Valley Drive. The building would be five to six stories in height and the ground level units would be walk-ups with direct individual access to the sidewalk encircling the site. Access to the parking ramp would be on Golden Valley Road opposite an existing driveway into the Wesley Common townhome development, and to the west on Wisconsin Avenue opposite the existing entrance to the Valley Creek Office Park. 168 3 The smaller parcel in the southwest corner would contain a new one -story Wells Fargo branch building with a surface parking lot and access from Wisconsin and a newly create cul -de-sac on Golden Valley Drive. It would include a two-lane drive-thru to the east of the building. Space would be provided for new off-street bicycle/pedestrian trails along the east side of Wisconsin Ave and the south side of Golden Valley Road, consistent with the City’s Bicycle and Pedestrian Plan and eventually connecting the Luce Line Regional Trail to the north with a future Bus Rapid Transit station at Winnetka and Hwy 55. A project narrative provided by the applicant is attached and describes the project in more detail. Both properties are currently guided for Neighborhood Mixed Use on the Future Land Use Map in the City’s 2040 Comprehensive Plan. This was a change from the Commercial designation in the 2030 Comp Plan, and the site is still zoned Commercial. In order to provide the density needed to make the project feasible, the applicant is proposing to increase the intensity by amending the land use to reflect a Community Mixed Use designation and rezoning the two parcels accordingly. A modification to the internal shared property lines via a new plat would also be necessary to better address the space needs of the two new buildings. Consistent with the City’s Mixed-Income Housing Policy, the change in land use and zoning will require that a minimum of 46 units within the building be preserved at the 60% AMI level for at least 20 years. Details on the unit plans are forthcoming. Staff will note, as in previous land use and zoning change requests, that while a current proposal is being put forward, if the land use and zoning changes are approved they are not tied to this developer or to this project and could change in the future. Even the proposed use could change should this specific proposal not move forward. Draft architectural and civil/site development plans have been provided by the applicant and are attached, but staff emphasizes that the approvals for land use and zoning should be reviewed independent of these, as those decisions are mostly unrelated to the proposed building. Consideration of the minor subdivision in a subsequent staff memos will take the proposed site plans into account more directly. Neighborhood Notification and Public Comments As required under the City’s Neighborhood Notification Policy, a neighborhood mailing was sent on February 15. Information was also posted on the Golden Valley Speaks website. Staff will summarize any comments and responses at the meeting on February 27. Required Process Support from the Planning Commission and City Council for this proposal would also necessitate review and approval from the Metropolitan Council for the change in land use, requiring a brief delay in the final vote on the rezoning and subdivision. Staff have confirmed this would be an administrative review and approval by the Met Council, meaning a fairly quick turnaround. 169 4 Staff Review The City Code does not set specific standards for changing a future land use designation, and the City Council – with the input of the Planning Commission – has a great deal of latitude in deciding if the request is consistent with the overall direction and vision of the Comprehensive Plan. In making a determination, the City should take into account the land use descriptions outlined in the Comp Plan as well as any potential impacts on the character of the area. For reference, it is important to understand what both the existing and proposed land use s entail and the expectations placed on those land uses in the Comprehensive Plan. The 2040 Comp Plan has the following description of the Neighborhood Mixed Use designation: This category includes a mix of uses including medium-density residential and neighborhood- serving commercial, office, and institutional uses at a scale compatible with the surrounding neighborhood they are intended to serve, which is typically a small, moderate, or medium scale. These areas allow for both vertical and horizontal mixed use and does not require a mix of uses within every building. The Community Mixed Use designation is described as follows: This category includes a mix of uses including high-density residential, commercial, office, institutional, and light industrial uses that serve the local market area and support the community. These areas include freestanding businesses, shopping areas, employment centers, and housing that promotes community orientation and scale. Envisioned as compact urban development areas that serve as a gateway to the city and as an activity center for the community, these areas allow for both vertical and horizontal mixed use and do not require a mix of uses within every building. The medium-density range targeted by the Neighborhood Mixed Use designation is 8 to 30 units per acre. Community Mixed Use targets a high-density range of 20 to 100 units per acre. At 3.8 acres, the site could theoretically accommodate up to 380 units. The City’s Downtown Redevelopment Framework Plan recommended modifying the existing land use map from the guided Neighborhood Mixed Use to Community Mixed Use, as it being proposed, in order to support activity in the downtown with increased residential density. Residential Demand The City’s 2040 Comprehensive Plan, with significant input from the 201 7 Maxfield Housing Needs Analysis and its subsequent 2023 update, acknowledges a need for additional housing in Golden Valley, especially for affordable units. As proposed, the development would address both of these areas by providing 302 new units of housing – at least 46 of those would be made affordable at 60% AMI for a minimum of 20 years. Traffic Engineering staff have evaluated the likely traffic resulting from this proposed land use as part of the Downtown Redevelopment Traffic Study conducted late in 2022. The purpose of this study was to review the planning and policy work that the City has completed to evaluate the impact 170 5 proposed redevelopment sites may have to the traffic and operations on the surrounding street network as well as identify any recommended mitigations to address the expected traffic demands. The intersection at Wisconsin and Golden Valley Road was evaluated to determine if full redevelopment of the downtown’s southwest quadrant would negatively impact the Level of Service (LOS) at this location. While currently functioning at LOS A in both the AM and PM peak hours, with full redevelopment of the Wells Fargo / Park Nicollet site as well as the Golden Valley Shopping Center site, the modeled LOS for the AM peak hour would remain at LOS A while the PM peak hour could slip to LOS B. A mini roundabout was examined for this location and could help maintain the PM peak hour at LOS A if desired, saving approximately 5 seconds of delay per vehicle. Context The current land uses in proximity to the site are a complementary mix to the use being proposed. Future Land Use Map – existing conditions The site is surrounded to the north and east by medium density housing. To the south, the Golden Valley Shopping Center and its outbuildings provide retail uses. Three professional office buildings are located directly to the west. Institutional - Civic uses are within walking distance at the City Hall Campus, and Brookview Park provides open space south of Olson Memorial Highway. 171 6 Other Community Mixed Use properties in Golden Valley are located adjacent to Hwy 55 and/or Hwy 169 or else in the I-394 corridor. Reguiding this area would not be inconsistent with the adopted land use pattern. Finally, the height allowed for the use being proposed (six stories) is greater than the height allowed for any surrounding uses, and two stories taller than the height allowed under the current guided land use. Comprehensive Plan Consistency Finally, staff reviewed the goals and policies of the Comprehensive Plan to help determin e if this proposed change in land use was following the intent of the City’s central guiding document. Based on the application materials, staff found the following goals and policies to support the reguiding of the site for Community Mixed Use. Land Use • Goal 1: Create a Complete Community – Strive for a diverse and balanced community that contains a variety of residential areas, major employers, retail, service, institutions, and parks and open spaces. Objective 2.1 – Support the downtown area at Winnetka Ave and Hwy 55 and other neighborhood commercial nodes. Objective 4.2 – Incorporate new mixed use zoning, when possible, into development plans. • Goal 6: Support Opportunities for Multi-Modal Transportation – Integrate land use and transportation planning principles to provide a balanced system of transportation alternatives. Objective 1.1 – Continue to create and enforce standards for building placement and site design to create a pedestrian-friendly environment. Objective 1.2 – Focus redevelopment efforts near high-frequency transit service, and implement transit-oriented development policies in these areas. Objective 2.1 – Improve the bicycle and pedestrian environment in the downtown area to ensure it is a safe and enjoyable place to walk. Objective 2.4 – Seek opportunities to provide a variety of housing options near high- frequency transit service, along prominent routes within the bicycle network, and in pedestrian-friendly areas of the city. Housing • Goal 3: Increase Housing Affordability – Increase housing opportunities at a cost that low- and moderate-income households can afford without compromising their ability to pay for other essential needs. Objective 3 – Support the production of new, high-quality, affordable housing in the City. Staff Findings In order to provide support for the recommendation below, staff is offering the following findings of fact related to reguiding the proposed parcels to a Community Mixed Use designation: 172 7 1. The city’s downtown would benefit from the additional residential density allowed as a result of the change in land use. 2. The city would benefit from the number of affordable units that would be required as a result of the requested change in land use. 3. The proposed use of this site for high-density residential with a smaller commercial component fits with a number of the goals and objectives of the Comprehensive Plan . 4. The site is currently in an area with a variety of land use designations, complementing the businesses and activities in the downtown. 5. Engineering staff have concluded that the amount of traffic generated by the use would be able to be absorbed by the existing roadway infrastructure without a negative impact on the Level of Service at Wisconsin Ave and Golden Valley Road. 6. A specific project has been proposed in association with the change in land use, but there is no guarantee a different proposal would not emerge that would be allowed once a Community Mixed Use designation was established. However, in general, any of the uses allowed under this land use designation would be complementary and support the downtown overall. Recommended Action Based on the findings above, staff recommends approval of the requested amendment to the Future Land Use Map, changing the guided land use for 8200 Golden Valley Road and 8240 Golden Valley Drive from Neighborhood Mixed Use to Community Mixed Use. Attachments: Future Land Use Map (1 page) Project Overview and Building Perspectives (17 pages) Multifamily Building Plans and Elevations (7 pages) Wells Fargo Plans and Elevations (3 pages) Selection from Downtown Redevelopment Traffic Study dated November 11, 2022 (5 pages) Link to Downtown Redevelopment Framework Plan: https://www.goldenvalleymn.gov/DocumentCenter/View/358/Downtown-Study-Phase-III-PDF 173 !!! !!! ! !!!! ! ! ! ! ! ! ! ! !!!!! ! !!! ! !!!!! ! ! ! !!! ! !!!!!!!! !!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! !!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! !!!!!!!!!!!!!!!! ! !!!!!!!!!!!!!!!! ! ! !!!!!!!!!!!! ! !! !!!! !!!!! ! ! !! ! ! ! ! ! ! ! !!!!! ! !!!!!!!!!!!!! !!!!! !!!! !!!! !!!!!!!!!!!!! ! ! !!!!!!M edi c i neLakeBranchIkePond Colonial Pond Ottawa Pond Glen-woodPond EgretPond LilacPond DuluthPond St.CroixPond Chicago Pond LilacPond Pond CTurners PondGlen 1 Pond DuckPond Loop EPond Loop FPond Sweeney LakeWirth LakeTwin LakeB a s s ett C re e k Hampshire Pond DecolaPond A NorthRicePond West RingPond Cortlawn Pond DecolaPonds B & C Westwood Lake SchaperPond SouthRicePond East RingPond Bassett CreekDecolaPondE DecolaPond F BreckPond NatchezPond MinnaquaPond WirthPond Toledo/AngeloPond HoneywellPond StrawberryPond DecolaPond D Bas s e tt Cr ee k BassettC r e e k Basset t Cr eekBassettC r e e k BassettC reekSweeney L akeBranchNW LoopPondBoone Avenue PondMain Stem Pond B Pond C Bassett Creek NatureArea Pond Medicine Lake BrookviewPond A Hidden LakesPond 1 Pond 2A Pond 2B Pond 3 Schaper BallfieldPond Pond O Pond J Spirit of Hope Church Pond GoldenRidgePond Golden Meadows Pond SoccerFieldPond WestPond 201GeneralMillsPond HaroldPond Medicine Lake Road Pond Xenia MitigationPond 10th AvePond SpringPond Briar-woodPond LaurelHills Pond JFB NWPond LogisPond BrownieLake BirchPond MinnaquaWetland GrimesPondBassett CreekPark Pond SweeneyLakeBranchPond M Pond F Pond DP ond E Dover HillPondLiberty BasinS w e e n e y L akeBranchBrookviewGolf Course LionsPark WesleyPark Sochacki Park SchaperPark ScheidParkHampshirePark MedleyPark Briarwood Laurel Avenue Greenbelt Glenview TerracePark North TyrolPark Western AvenueMarsh Nature Area GeartyPark Sandburg AthleticFacility NatchezPark ValleyView ParkPennsylvaniaWoods BassettCreekNature Area Wildw oodPark IsaacsonPark SouthTyrol Park SeemanPark AdelineNature Area YosemitePark StockmanPark Golden OaksPark St Cr oixPark LakeviewPark SweeneyPark Perpich CenterBall Fields Ronald B. Davis Community Center Brookview Park Westwood HillsNature Center (SLP) (MPRB) Theodore WirthRegional Park Eloise Butler WildflowerGarden and Bird Sanctuary Wirth LakeBeach Golden RidgeNature Area Gener al Mills Natur ePreserve General Mills ResearchNature Area BooneOpenSpace GoldenHills Pond MadisonPond SouthTyrolPond LibraryHill IdahoWetland GeorgiaOpen Space ArdmoreNorth&SouthPonds JanalynPond MeadowPond O p e n S p a c e OrklaOpenSpace PicnicPavilion Chalet SochackiPark (Three Rivers Park Dist.) Bassett Valley Open Space ByrdBluffOpenSpace → FishingDock PaisleyPark XeniaOpenSpace DahlbergOpenSpace Minnaqua Greenbelt (TRPD) (Mpls Park & Rec Board) Plymouth Avenue The Trailhead 456766 456770 456766 456740 456740 4567156 4567102 §¨¦394 §¨¦394 Æÿ55 Æÿ55 Æÿ100 Æÿ100 £¤169 £¤169 34th Ave N Medicine Lake Rd BroggerCir Knoll St Lilac Dr NLilac Dr NThotland Rd Mendelssohn Ave NWinnetka Ave NSunnyridgeCir Western Ave (WaterfordDr)Hillsboro Ave NZealandAve N Aquila Ave NOrkla DrWisconsin Ave N23rd Ave N KalternLn Wynnwood Rd 25th Ave N Bies DrJonellen Ln Sumter Ave NRhodeIslandAveNPatsy Ln Valders Ave NWinnetka Ave NDuluth St Florida Ave NSandburg Rd HeritageCirKentley Ave Wynnwood Rd Kenneth Way Unity Ave NB a s s e ttC r e e k D rQuailAveNScott Ave NLilac Dr NLowry Ter 33rd Ave N Noble Ave NCross LnQuail Ave NScott Ave NRegent Ave NToledo Ave NIndiana Ave N(BridgewaterRd)(WaterfordCt)(Hid d e nLnkesPkwy)Meadow Ln NFrance Ave NTopel Rd Unity Ave NPhoenix St Parkview TerWelcomeAveNWelcomeC ir W e l c o meAveNXeniaAveNZ a n e Av e NLindsay St St Croix Ave N St Croix Ave N Yosemite Ave NWolfberryLnBrunswick Ave NCounty Rd 102Westmore Way Green Valley Rd Louisiana Ave NKelly DrMaryland Ave NOlympia St Winsdale St Winnetka Ave NYukon CtWesleyDr Wesley Dr Plymouth Ave N 10th Ave N Kelly DrVarner CirPennsylvania Ave NFaribault StQuebec Ave NRhode Island Ave NPhoenix St Knoll St County Rd 156Jersey Ave NCountryClubDr P h o e n ix S tDouglas DrGeorgia Ave NCou n ty Rd40 Hampshire Ave NWestch esterCirJersey Ave NGardenParkQuebe c Av e SWinnetka Ave NWally St Ensign Ave N7th Ave N Golden Valle y Rd Decatur Ave N10th Ave N Natchez Ave NXerxes Ave N (Mpls)Olson Memorial Hwy Cutacross Rd Olson Memorial Hwy Earl St Flag Ave NHampshire LnJersey Ave NFloridaAveNEdgewoodAve NDouglas DrDuluth Ln Scott Ave N Drake Rd Lowry Ter Kyle Ave NQuail Ave NPerry Ave NNoble Ave NCulver Rd Dawnview Ter Dona Ln Noble Ave NScottAveNGl e ndenTer Culver R d Marie Ln W Hampton Rd RegentAveNPerryAveNLilac Dr N27th Ave N Merribee Dr Kyle Ave NHampton RdOrchard Ave NMarie Ln E Lee Ave NKyle Ave NDresde n L n Kewanee W ay 26th Ave N Me ri d i a n D r P a r k v i e w B l v d Terrace LnManor DrMcNair DrByrd Ave N B a s s ettCreekDrMaryHillsDrZenith Ave NVista DrXerxes Ave NYork Ave NS t M a rg are t D rZephyr PlXerxes Ave NXerxes Ave N (Mpls)(SkylineDr)Spruce TrKyle PlW e s t b r o o k R d Noble Ave Frontage RdCircleDownOrchard Ave NPerryAveNWindsorWayWestbendR dUnity Ave NG reenview LnRegent Ave NSorell Ave Frontenac Ave Quail Ave NSt Croix Ave N Winsdale St StCroixCirAngelo DrUnity Ave NAlfred Rd Spring Valley RdN o b l e DrMajor DrAdeline LnAngelo DrAngelo DrWills PlToledo Ave NOttawa Ave NKillarney DrZane Ave NWoodstock A v e Woodstock Ave Loring LnYosemiteAveN Turners Crossroad NWestchesterCirN F r ontageRdFlorida Ave NHampshire Ave NPlymouth Ave N Idaho Ave NOlympia StHampshire Ave NArcher Ave NKelly DrPennsylvania Ave NDuluth St Xylon Ave NWisconsin Ave NSumter Ave NBoone Ave NWinsdale St Meadow Ln N DahlbergD r Woodstock Ave Poplar Dr Meadow Ln NChatelain T e r Natchez Ave NEdgewood Ave NK i n g s t o n C i r Glenwood Ave Country Club DrValdersAveNOrkla DrElgin PlDecaturAveN Indiana Ave NRoanoke CirWestern Ave Western Ave Harold Ave Loring Ln WestwoodDrNArdmoreDrWinsdale St Knoll St Oak Grove CirDuluth St Zane Ave NDouglas Dr27th Ave N Bonni e Ln Medicine Lake Rd Madison Ave W Nevada Ave NLouisiana Ave NCounty Rd 70 ValdersAve NValders Ave N23rd Ave N Rhode IslandAve NCounty Rd 156Medicine Lake Rd Mendelssohn Ave NWinsdale St St Cro ix Ave N June Ave NLegend DrLegendLn General Mills BlvdBoone Ave NSunnyridge LnGlenwood Ave Janalyn CirJanalyn CirGlencrest Rd Meadow Ln SWayzata BlvdWestwood Dr SWestwoodLn StrawberryLnOttawa Ave NOttawa Ave SNatchez Ave S Tyrol Crest SussexRdJune Ave SWayzata Blvd FairlawnWayNatchez Ave SOttawa Ave SPrincetonAve SDouglas Ave Circle DownTurners Crossroad SGolden Hills Dr Laurel AveLaurel Ave Hampshire Ave SDakota Ave SBrunswick Ave SKing Hill RdGlenwood Ave Colonial Dr Medicine Lake Rd FloridaAveSAlley Market StMarket St Louisiana Ave SLaurel AvePennsylvania Ave SRhode Island Ave SSumter Ave SUtah Ave SGregory Rd VermontAve SWi sc o ns i n AveSGeneral Mills BlvdHanley RdRidgeway Rd Laurel Ave QubecAve S County Rd 102Nevada Ave SColonial RdLouisianaAveSKentucky Ave SJersey Ave SHeathbrookeCir G len w o o d P kw y(Carriage Path)Xenia Ave SFlorida CtLilacD r NOlson Memorial Hwy Schaper Rd Lilac Dr NG o lden V alley R dLilac Dr N(WoodlandTrail)(Wat.Dr) BassettCreek Ln (NobleDr)France Ave S (Mpls)N Frontage Rd S Frontage Rd Olson Mem HwyAdair Ave NAdair Ave NWestbrookRd 34th Ave N Mendelssohn Ave NAlley-Unimproved--Unimproved- Wayzata Blvd Wayzata BlvdBoone Ave NG o ld e n V a lle y D rSchullerCirN F r o n t a g e R d S F r o n t a g e R d Rhode IslandAve N Pennsylvania Ave SAlley Alley (Private)AlleyAlleyLilac Dr NXerxes Ave N (Mpls)Harold Ave WestwoodDr N Ardmore DrT h e o d o r e Wirt h P k w y Tyrol Tr(Mendelssohn Ln)AlleyS Frontage Rd AlpinePassBren n e r PassDou g la s Ave QuentinAveSTyrol TrailTy r olTr a ilSunsetRidge Westw oodDrS RavineTrTyrol Trai l J analyn C irMadd usLn MeadowLnS AvondaleRdBurntsideDr S u nnyridgeLnBru n swickAveNLeberLn C loverleafDrCloverLnCl overleaf D r TheodoreWirthPkwyBeverly Ave B u rn tsideDrSpringValleyRdT oledoAveN Duluth St GoldenValle y R dSpringValleyCirC oun ty Rd 66 (Island Dr)(IslandDr)GoldenValley Rd TheodoreWirthPkwyW irth P kw yW ay z a t aBl vd G le n w o o d P kwyPlymouthAve N (Mpls)ZenithAveNCrest vi ewA ve By r d A v e N Hwy 55 Glenwood Ave Bassett CreekDrLegend DrLeeAveNLeeAveNMajorAveNLeeAveNE l m daleRd AdellA veM in n a quaDr M innaquaD r ToledoAveNOrdwayMa rkayRidge Orchard Ave NN o r m a n d y P l CherokeePlQuailAveNRegentAveNTr ito n DrT r ito n D rL o w r y Ter 3 3rd AveN SandburgLn Lamplighter L n BrookridgeAveNValeCrestRdWinfieldAveCounty Rd 66 P ark Place Blv d (SLP)I-394SFr o n tage R d (SLP)Xeni aAveSCounty Rd 70 L ilacD rNLilacDrNLilacD r NConstanceDrWConstanceDrESandburg Rd S Frontage Rd N Frontage Rd N Frontage RdOlsonMemorialHwy S F r o n t a g e R d O l s o n M e m o r ia lH w y OlsonMemorialHwy Valleywo odCirYosemite CirLawn TerR adisson Rd Turnpike RdA lle y AlleyTu r n pikeR d Col on ial Dr GlenwoodAve BrunswickAve NMeanderRd MeanderRdIdahoAveNHaroldAve Wayzata Blvd I-394SFrontageRd Edgewo odAveSIdahoAveNCortlawnCirWCortlawn Cir S CortlawnCirN Dawn v i e wTerCounty Rd 70 EdgewoodAveSK in gCreekRdKentu ckyAveNLouisianaAveNMarylandAve SRhodeIslandAveSRidgewayRdEwaldTe rWestern Ter FieldD r Brookview Pk w y N Harold Ave HalfMoonDr RidgewayRdG oldenValleyR d(B a s sett Creek Blvd) Lewis Rd 10thAve N EllisLnPlym outhAveN Plymouth Ave N Faribault St OrklaDrCastleCt Winnetka Height s D rKelly Dr Maryland A v eNHampshire Pl Olympia St Oregon Ave NQuebecAveNValdersAveNOrklaDrKnoll S tWisconsin AveNWinsdaleSt Mandan AveNCounty Rd 102AquilaAveNAquila AveNZealandAveNJulianne Ter Ju lia nneTerPatsy Ln WisconsinAveNAquilaAveNWestbend Rd WinnetkaHeightsDr ZealandAveNOrklaDrValdersCtValdersAve NWinnetkaHeights Dr A q uilaAveNZealandAveNS cottAveNRose ManorDuluthSt Duluth St CavellAveNEnsignAveNElg in Pl 23 r d Ave N Medle y L n (Medley Rd) (Medley C ir)H illsboroAveN(English Cir )(MayfairR d)(Kin g sVa l l e y Rd)(K ings V al leyRdE)(KingsValle yRd W ) ( S tr o d e n C ir)(Tama rin Tr ) (Mar qui sRd) Ski Hill R d MajorCirLeeAveNMajorAveNRhodeIslandAveNG o ld e n V alleyR d G o ld e n V a lle y R dG olden V alleyR d Hwy100H w y 10 0Hwy100Hwy100Hwy100Hwy100 H w y 3 9 4 Hwy 394 Hwy 394 Hwy 394 Hwy 394ColoradoAve NHwy169Hwy169Hwy169Hwy169Hwy169Colorado Ave SGoldenHills DrPaisleyLnPaisleyLn I-394NFrontageRd I -3 9 4 N Frontage Rd WayzataBlvd I-394SFrontag e R d York AveNValeryRdW asatchLn Hwy 55 Hwy 55 H w y 5 5 O l s o n M e m o r i a l H w yHwy 55 H w y 5 5 County Rd 40 County Rd 40 Glenwood A v e CountyR d 4 0 CountyRd40 GoldenValley R d C o u nty Rd 66ManchesterDr County Rd 156OregonAveS24th Ave N LilacDrNRoanokeRdLouisianaAveN Turnpike RdLilacLoop (Sunnyridge Ln)WisconsinAveN GettysburgCt(Laurel Pt) (Laure lCurv)Independence Ave NGettysburg Ave NFlag Ave NWheelerBlvdAlleyNaper St B e t ty CrockerDr Decatur Ave N(WesleyCommonsDr)Winnetka Ave S Winnetka Ave SHanley RdBrookviewPkwySWayzataBlvd I-394 S Front a g e R d Olympia St Independence Ave NHillsboro Ave NGettysburg Ave NU n io n P acific Railroad Canadian Pacific Railroad B u rlin g to n N o rt h e r n Sant aFeRailroadCanadianPacificRailroadC anadianP acificR ailroadC anadia n P a c i f i c R ailroad U nion Pacific R a i l r o a d Breck School SandburgMiddle School Perpich Center for Arts Education MNDOT District Office & State Highway Patrol NobleElementarySchool CalvaryLutheranChurch Speak theWord Church 10th AvenueCold Storage School ofEngineeringand Arts GovernmentCenter &Fire Station #1 MeadowbrookElementarySchool King of GraceLutheranChurchand School Churchof St.MargaretMary Good ShepherdCatholic Church&Good ShepherdSchool GoldenValleyLutheranChurch Spirit ofHopeChurch Oak Grove Church HennepinCounty SheriffCommunications Hennepin CountyLibrary Fire Station#3 Valley Community Presbyterian Church ChristianLifeCenter UnityChristChurch RedeemerReformedChurch FireStation#2 Valley of PeaceLutheran Church Golden ValleyCemetery Golden ValleyHistoricalSociety BrookviewCommunityCenter Breck IceArena WaterReservoir U.S.Post Office Loveworks Academy forVisual & Performing Arts On FireMinistry C I T Y O F N E W H O P E C I T Y O F C R Y S T A L C I T Y O F R O B B I N S D A L E CITY OF MINNEAPOLISC I T Y O F S T . L O U I S P A R K CITY OF MINNEAPOLISCITY OFST. LOUIS PARKCITY OF ROBBINSDALECITY OF CRYSTAL CITY OF CRYSTALC I T Y O F N E W H O P E CITY OF PLYMOUTHCITY OF MINNEAPOLISC I T Y O FST. L O U I S P A R KCITY OFPLYMOUTHCity of G old en Va lley, En gine ering7800 Go lden Valley R oadGolden Valle y, MN 55 427-45 88763-593 -8030www.golde nvalleymn .go v 2020-2040Future Lan d Use 0 800 1,60 0 2,40 0 3,20 0400Feet I Print Date: 1/20/2022Sources:-Hennepin County Surveyors Office for Property Lines (2022) -City of Golden Valley for all other layers. Res ide ntia l Low Den sity – up to 5 units per acre Mo derate Den sity – 5 to 8 u nits p er a cre Me dium Den sity – 8 to 3 0 units per acre High De nsity – 2 0 to 10 0 u nits p er acre Comm erc ial Office Retail/Service Indus tria l Ligh t Industrial Ind ustrial Mix ed Us e Neig hborh ood Community Institutiona l Asse mb ly Civic Me dical Ope n Spac e Pa rks an d Natural Areas Water Fe ature Right-of-Wa y Railro ad Righ t-of-Wa y (p ublic an d private) 174 8200 GOLDEN VALLEY ROAD DEVELOPMENTLAND USE APPLICATIONJANUARY 23, 2023175 January 23, 202328200 GOLDEN VALLEY ROADGolden Valley, MNABOUT ESGESG is a na! onal leader in the planning, design and development of award-winning residences and communi! es throughout the US. Our architects and designers base their work on ! meless design principles. These principles include the integra! on of pedestrian-friendly streetscapes and landscaping, proximity to mass transit, genera! ng density, and the incorpora! on of sustainable-design strategies and mixed-use commercial enterprises.DEVELOPMENT TEAM EXPERIENCEABOUT SENTINELThe developer on this project, Sen! nel was founded in 1972 and is a privately-held commercial real estate development and management fi rm. Sen! nel and its related en! ! es have worked with ci! es to prepare over 3,500 acres of vacant land for development, along with developing or managing over 1 million square feet of non-residen! al commercial space and 6,000 mul! family units. Sen! nel prides itself on bringing fi rst-class developments to thriving communi! es in the Twin Ci! es metropolitan area.ABOUT CIVIL SITE GROUPCivil Site Group is a unique design consultancy located in Golden Valley, Minnesota. Comprised of an experienced group of civil engineers, landscape architects, and land surveying professionals, Civil Site Group was voted Minnesota Construc! on Associa! on’s Design Firm of the Year in 2022. With a specializa! on in mul! family residen! al communi! es, we take a dis! nct, effi cient and personal approach to design, engineering and produc! on and are commi$ ed to crea! ng livable and valuable environments for our clients and their communi! es. ABOUT MONARCHMonarch CRE is a Minnesota based commercial brokerage, investment, and development company. Monarch advises leadership teams on corporate real estate projects as well as invests in value-add real estate and develops mul! -family apartment projects across the Twin Ci! es. Notable projects include the Abbey Apartments, U.S. Bank Home Mortgage HQ and the Barrel House. 176 January 23, 202338200 GOLDEN VALLEY ROADGolden Valley, MNPROJECT NARRATIVEPRINCIPLES AND GUIDANCEThe key design objec! ve of this redevelopment is the transforma! on of a func! onally outdated suburban offi ce site with signifi cant surface parking into a 300-unit residen! al community and a 4,500 SF branch bank at this downtown Golden Valley loca! on. The project will downsize the current banking use into a smaller branch bank facility with two drive-through lanes instead of the current seven lanes. While the project is applying for a change in land use, the proposed development is consistent with the key goals of the Golden Valley Comprehensive Plan and the vision of the Downtown Redevelopment Framework Plan (October 2021). Guiding principles include:• The Comprehensive Plan designates this parcel as a mixed-use redevelopment site (page 2:20), recommending walk-up apartments on Golden Valley Road, commercial use oriented to the south and limited auto oriented uses. It also notes that an expanded right-of-way for future off -street bike lanes should be included. The project incorporates or plans for these func! ons in the proposed development.• The project supports the guiding principles of the Downtown Redevelopment Framework Plan (October 2021). These principles include strengthening downtown’s connec! vity to adjacent recrea! onal ameni! es, add new housing, improve circula! on for vehicles and weave together all quadrants of downtown with a more desirable walking and biking environment.• The Downtown Redevelopment Framework Plan supports changing the site’s designa! on from Mixed-Use Neighborhood to Mixed-Use Community. • Within the Mixed-Use Community (MU-C) zoning designa! on, the project is well below the height allowance of six stories (90 feet max). The setbacks conform to code and are designed to reinforce the street edge and provide an a% rac! ve pedestrian experience.• The Downtown Redevelopment Framework Plan recommends the following guidelines for the SW Quadrant (which the site is within) that the proposed project incorporates: o Land uses should be a mix of commercial and residen! al, including horizontal mixed use. o Residen! al use should be primarily oriented to Golden Valley Road and Wisconsin Avenue. o A new connec! on between Wisconsin Avenue and Golden Valley Road should be provided, with full access on Wisconsin Ave. o Golden Valley Road should be widened to accommodate street improvements, including an off -street walk/bike trail and planted boulevard. The project accommodates the space for these future improvements.KEY DESIGN FEATURES• Full integra! on of the buildings into the exis! ng streetscape infrastructure• The setback along Golden Valley Road is adjusted to accommodate future street improvements, including an off -street walk/bike trail and planted boulevards separa! ng this trail from the street.• A future off -street walk/bike trail will be accommodated along the east side of Wisconsin Avenue within an adjusted property line.• The bank and residen! al buildings will be set closer to the street edges and include enhanced landscaping in front yards to provide a more a% rac! ve pedestrian environment.• Walk up style units with sidewalks, front porches and entries will ground the building and facilitate an ac! ve streetscape environment.• Vehicle circula! on through the site relocates the entrance along Wisconsin Avenue opposite the curb cut on the west side of the street. Secondary access is located opposite Basse% Creek Boulevard as allowed per the street confi gura! on and comments from Public Works.• Almost all the vehicle parking will be concealed within an enclosed parking ramp with only a small, screened 29 space parking lot visible from the street. • The residen! al south facing amenity courtyard is on grade, allowing for generous landscaping with full sized trees since parking is not located beneath this space.• Stormwater deten! on and fi ltra! on will occur below grade and will greatly improve the current condi! on. o An off -street walk/bike trail should be added to the east side of Wisconsin Avenue. The project accommodates the space for this future improvement by giving 10’ of the property back to the public right of way. o Parking areas should be designed as a combina! on of smaller surface lots, rather than one large lot. The proposed surface parking area provides 29 parking spaces for mostly bank use. The primary parking for the residen! al project is in a fully enclosed parking structure that is wrapped with housing.• The project will meet the requirements of the city’s aff ordable housing policy.177 January 23, 202348200 GOLDEN VALLEY ROADGolden Valley, MNPROJECT NARRATIVEPARKING STRATEGYThe primary vehicle parking for the residen! al building will be concealed within an above grade enclosed parking ramp that is “wrapped” with residen! al units on all sides. All required residen! al parking spaces will be in this facility. A small surface parking lot with approximately 29 spaces will serve the new branch bank as well and will include several spaces for prospec! ve residents and visitors. The main visitor parking spaces for the residen! al building will be located within the parking ramp. PROJECT DESCRIPTION• The proposed project consists of a fi ve and six-story market rate apartment building with approximately 302 dwelling units. The mul! family building wraps a fi ve-level parking structure on all sides, and two wings of the building embrace the south facing amenity courtyard.• The exis! ng Wells Fargo bank will relocate into a smaller branch bank facility of approximately 4,500 SF at the southwest corner of the site. Two drive up ATMs will be provided adjacent to the bank, and the bank will u! lize 23 surface parking spaces adja-cent to the bank entrance.• The residen! al building lobby is located adjacent to the parking lot with a vehicle drop off and six outdoor visitor parking spaces. The lobby and leasing spaces open directly to a full complement of interior ameni! es as well as the amenity courtyard. • Service func! ons such and move-in and trash pick-up will be located at a screened ser-vice bay at the east side of the site.• Ample dedicated bike parking will be provided within the building to support and encourage bicycling. • A number of electric vehicle parking spaces will be provided in the parking garage.BUILDING DESIGN• The building uses a design strategy of base-middle-top in a contemporary manner. The pale$ e consists of a limited number of materials and colors to provide a cohesive appearance. The base of the building largely uses masonry materials while lighter weight materials are used on the fl oors above. • The building has two heights, which helps break up the massing. The por! on that surrounds the parking ramp is fi ve stories in height, while the por! on that embraces the amenity courtyard to the south is six stories in height. • Almost all the units have balconies. The project uses a combina! on of recessed and protruding balconies. Many balcony stacks provide massing and material breaks in the building. • An eff ort has been made to conceal many of the mechanical grilles on balcony side walls, so they are not as prevalent on the street eleva! ons. • To ground the building, the fi rst-fl oor units are treated, where possible, as walk-up style units with front porches and sidewalks connec! ng to the public sidewalks. • Exterior materials include cast stone, metal panel, true three-coat cemen! ! ous stucco and painted fi ber cement paneling crea! ng an integrated pale$ e that will complement the intensive landscaping of the site. 178 January 23, 202358200 GOLDEN VALLEY ROADGolden Valley, MNEXISTING CONDITIONS: AREA179 January 23, 202368200 GOLDEN VALLEY ROADGolden Valley, MNEXISTING CONDITIONS: SITEN180 January 23, 202378200 GOLDEN VALLEY ROADGolden Valley, MNPERSPECTIVE VIEWVIEW OF ENTRY FROM WISCONSIN AVE181 January 23, 202388200 GOLDEN VALLEY ROADGolden Valley, MNPERSPECTIVE VIEWVIEW OF BUILDING ENTRY FROM PARKING LOT182 January 23, 202398200 GOLDEN VALLEY ROADGolden Valley, MNPERSPECTIVE VIEWVIEW OF BUILDING ENTRY FROM WISCONSIN AVE183 January 23, 2023108200 GOLDEN VALLEY ROADGolden Valley, MNPERSPECTIVE VIEWVIEW OF NORTHWEST CORNER FROM GOLDEN VALLEY ROAD184 January 23, 2023118200 GOLDEN VALLEY ROADGolden Valley, MNPERSPECTIVE VIEWVIEW OF NORTHEAST CORNER FROM GOLDEN VALLEY ROAD185 January 23, 2023128200 GOLDEN VALLEY ROADGolden Valley, MNPERSPECTIVE VIEWVIEW OF EAST ENTRY FROM GOLDEN VALLEY ROAD186 January 23, 2023138200 GOLDEN VALLEY ROADGolden Valley, MNPERSPECTIVE VIEWVIEW OF SOUTH FACADE FROM GOLDEN VALLEY DRIVE187 January 23, 2023148200 GOLDEN VALLEY ROADGolden Valley, MN• Connec! ng to exis! ng bike/nature trails and providing internal bike storage rooms• Stormwater management: the project will provide comprehensive stormwater management, including fi ltra! on and fl ow control. Currently there is no stormwater management of any type on this site.• Light-colored site pavement and pavers to reduce heat island eff ect• Dark sky-compliant site ligh! ng• Na! ve plant species — a mixture of ornamental and na! ve plant species will be used to support pollinators and provide enhanced landscaping for this walkable loca! on• Smart irriga! on systems (rain/soil moistures, drip irriga! on, highly effi cient controllers/sprayheads)SUSTAINABLE DESIGN: SITE188 January 23, 2023158200 GOLDEN VALLEY ROADGolden Valley, MNBUILDING EFFICIENCY & RENEWABLE ENERGY• High R-Value building envelope — roof & walls• Low-E insulated glazing• Tightly sealed building envelope to reduce leakage and ineffi ciencies• Effi cient HVAC systems — explore op" ons through the Xcel Energy EDA program• Energy Star-rated appliances• LED fi xtures with occupancy sensors• Electrical vehicle charging sta" ons• WaterSense plumbing fi xtures• Low VOC materials and paints• Low construc! on waste due to panelized construc" onSUSTAINABLE DESIGN: BUILDINGS189 January 23, 2023168200 GOLDEN VALLEY ROADGolden Valley, MNHEALTH & WELLNESS• Design to encourage physical ac! vity with well designed and convenient stairwells and exterior pathways• Visual connec! on to the outdoors• Noise mi! ga! on with verifi ed acous" cal sound assemblies in walls and fl oors• Clean air with at least MERV 8 air fi lters • Access to daylight in rooms and amenity spaces• Low VOC materials and paints• Convenient common area hand sani! zers and hand washing loca" ons• Cleaning procedures, including regular cleaning of entrances, common areas, corridors, restrooms and offi cesSUSTAINABLE DESIGN: OCCUPANTS190 January 23, 2023178200 GOLDEN VALLEY ROADGolden Valley, MNTHANK YOU191 2 S9 0 2 9039039049 0 4 9049069 0 6906906906 9 0 6 9 0 7 9 0 7907907907907907907907 9079089089089089089 0 8 9089089089089099099099099099099 0 9 9 1 1911912 9129129125.5612.42 TC EXIST12.58 TC EXIST12.16 TC EXIST12.01 TC EXIST12.22 TC EXIST12.089 0 5 9059059 0 5 9 1 0910910 9109 1 0 9 1 0 9100.471.47 BW3.09 BW4.47 BW5.62 BW7.26 BW8.88 BW10.73 ME11.20 ME11.47 ME11.63 ME12.01 ME12.28 ME12.68 ME12.33 ME12.05 ME8.178.75 TC/ME3.02 TC/ME2.51 CONC ME8.1712.503.813.61 CONC ME4.57 CONC ME5.96 CONC ME6.67 CONC ME6.87 CONC ME6.63 CONC ME3.643.0012.508.5010.508.008.509.8310.5010.5010.0010.0010.008.508.507.3412.508.50Garage Door9.22 G/ME9.1512.50912.50 FFE8.218.50Garage Door8.207.897.907.8010.064.874.04 G/ME3.10 TC/ME2.73 G/ME3.609.504.333.9512.02 TC/ME9.65 TC/ME10.006.557.607.606.257.606.776.501.922.222.84 TC/ME2.62 TC/ME2.46 TC/ME2.37 TC/ME6.68 TC/ME6.19 G/ME905.18 G/ME908.17 FFE5.183.71 ME4.2310.17 G/ME10.66 TC/ME10.008.3310.408.178.178.17DOOR8.17DOOR6.278.078.0710.50DOOR11.00 HP910.50 FFE8.50DOOR8.50DOOR8.50DOOR11.94 TC/ME11.76 TC/ME11.29 TC/ME10.65 TC/ME10.02 TC/ME2.49 TC/ME10.25 HP2.33 TC/ME10.182.06 TC/ME1.97 TC/ME8.381.81 TC/ME6.67 G/LP7.17 TC/EOF8.17DOOR5.008.58 TC/ME7.85 TC/ME7.07 TC/ME6.93 TC/ME6.06 TC/ME5.50 TC/ME4.71 TC/ME4.60 TC/ME3.409.503.58 ME3.66 G5.719.10 LP6.966.225.955.809.10 LP9.50 EOF9.50 EOF9.10 LP9.10 LP9.10 LP9.10 LP9.50 EOF9.50 EOF9.45 HP9.62 HP9.48 HP9.64 HP9.51 HP9.50 EOF9.50 EOF9.2810.509.7710.50Garage Door10.5010.5010.1310.507.17 HP/EOF7.667.818.119.176.97 LP9.8310.50DOOR9.387.675.9010.508.747.986.076.677.008.657.677.337.675.574.568.057.707.708.059.959.7510.759.669.509.779.508.9210.507.636.277.177.7910.006.3610.0010.008.067.7612.20 LP12.33 HP12.25 HP11.87 LP12.00 LP12.33 HPBank4,425 SFSERVICE11,581 SFAMENITYMove InTrash and RecyclingElec RoomWater RmUPDN1,265 SF2 BR1,094 SF2 BR1,439 SF2 BR DEN1,247 SF2 BR1,315 SF2 BR1,204 SF2 BR750 SF1 BR1,087 SF2 BR718 SF1 BR718 SF1 BR750 SF1 BR1,144 SF2 BR718 SF1 BR718 SF1 BR910 SF1 BR DEN841 SF1BR DEN718 SF1 BR1,343 SF2 BR1,338 SF2 BR1,518 SF3 BR760 SF1 BR1,294 SF2 BR1,298 SF2 BR834 SF1 BR834 SF1 BR965 SF2 BR761 SF1 BR761 SF1 BR618 SFALCOVE618 SFALCOVE564 SF1 BR547 SF1 BR913 SF2BRMaintenance741 SF1 BRDog Amenity425 sf808.5'908.5'912.5'912.5'910.0'910.5'910.5'910.5'9 1 0 .5 'Bike Room700 sfDog Run12x33909.0'761 SF1 BR DEN908.5'912.5'912.5'912.5'910.0'910.5'905.5'908.5'910.5'908.5'Fitness1,420 sfGroupFit375 sfElecPool Equip853 SF1 BED + DENBB4Area Legend1 BED1 BED + DEN2 BED2 BED + DEN3 BEDALCOVEAMENITYBOHCOMMON / CIRCULATIONPARKINGRETAILPLAN NORTHABCDSignatureTyped or Printed NameLicense #DatePROJECT NUMBERDRAWN BYCHECKED BYORIGINAL ISSUE:REVISIONS:KEY PLANNOT FOR CONSTRUCTIONI hereby certify that this plan, specification, orreport was prepared by me or under my directsupervision and that I am a duly licensed architectunder the laws of the State of Minnesota1/23/2023 2:59:09 PMA1.1LEVEL 1 PLANProject NumberESG ESG8200 Golden Valley Road8200 GoldenValley RoadGolden Valley, MNLand UseApplicationJan 23, 2023No. Description Date3/64" = 1'-0"A1.11SITE PLAN192 2 S2 S9 0 2 9039039049 0 4 9049069 0 6906906906906 9 0 7 9 0 7907907907907907907907 9079089089089089089 0 8 9089089089089099099099099099099 0 9 9 1 1911912 9129129125.569 0 5 9059059 0 5 9 1 0910910 9109 1 0 9 1 0 91012.01 ME8.173.02 TC/ME2.51 CONC ME8.1712.503.813.61 CONC ME4.57 CONC ME5.96 CONC ME6.67 CONC ME6.87 CONC ME6.63 CONC ME3.643.0012.508.5010.508.008.509.8310.5010.5010.0010.0010.008.508.507.3412.508.50Garage Door9.1512.50912.50 FFE8.218.50Garage Door8.207.897.907.804.874.04 G/ME3.10 TC/ME2.73 G/ME3.609.504.333.9510.006.557.607.606.257.606.778.007.806.501.922.84 TC/ME2.62 TC/ME2.46 TC/ME2.37 TC/ME6.68 TC/ME6.19 G/ME905.18 G/ME908.17 FFE5.183.71 ME4.2310.008.3310.5010.408.178.178.17DOOR8.17DOOR6.278.078.0710.50DOOR11.00 HP910.50 FFE910.50 FFE8.50DOOR8.50DOOR8.50DOOR2.49 TC/ME10.25 HP2.33 TC/ME10.182.06 TC/ME8.386.67 G/LP7.17 TC/EOF8.17DOOR5.007.07 TC/ME6.93 TC/ME6.06 TC/ME5.50 TC/ME4.71 TC/ME4.60 TC/ME3.409.503.58 ME3.66 G5.719.10 LP6.966.225.955.809.10 LP9.50 EOF9.50 EOF9.10 LP9.10 LP9.10 LP9.10 LP9.50 EOF9.50 EOF9.45 HP9.62 HP9.48 HP9.64 HP9.51 HP9.50 EOF9.50 EOF9.2810.509.7710.50Garage Door10.5010.5010.1310.507.17 HP/EOF7.667.818.119.176.97 LP9.8310.50DOOR9.387.675.9010.508.747.986.076.677.008.657.677.337.675.574.568.057.707.708.059.959.7510.759.669.509.779.508.9210.507.636.277.177.7910.006.3610.0010.008.067.7612.20 LP12.33 HP12.25 HP11.87 LP12.00 LP12.33 HPElectricalTrash1,447 SF2 BED + DENCC11,250 SF2 BEDC111,343 SF2 BEDC41,340 SF2 BEDC21,331 SF2 BEDC81,204 SF2 BEDC9548 SFALCOVEA4750 SF1 BEDB5761 SF1 BEDB3760 SF1 BEDB31,294 SF2 BEDC31,298 SF2 BEDC3834 SF1 BEDB2834 SF1 BEDB2961 SF2 BEDC5683 SF1 BEDB4508 SFSTUDIOAA1687 SF1 BEDB4633 SFALCOVEA2495 SFSTUDIOAA2580 SFALCOVEA31,088 SF2 BEDC6718 SF1 BEDB6718 SF1 BEDB6750 SF1 BEDB51,144 SF2 BEDC71,262 SF2 BEDC12682 SF1 BEDB7913 SF2 BEDC10685 SF1 BEDB7510 SFSTUDIOAA3510 SFSTUDIOAA3718 SF1 BEDB6718 SF1 BEDB6893 SF1 BED + DENBB1840 SF1 BED + DENBB2695 SF1 BEDB1695 SF1 BEDB1686 SF1 BEDB11,041 SF2 BEDC1833 SF1 BEDB8850 SF1 BED + DENBB3685 SF1 BEDB7750 SF1 BEDB9155'-0"25,875SFPARKING718 SF1 BEDB6849 SF1 BED + DENBB4850 SF1 BED + DENBB4803 SF1 BEDB8761 SF1 BEDB3761 SF1 BEDB3618 SFALCOVEA1618 SFALCOVEA11,108 SF2 BEDC8548 SFALCOVEA4508 SFSTUDIOAA130 SF35 SF25SF30 SF35 SF25SF25SF25SF25SF40SF 40SF40SF25SF25SF25SF22.5SF25SF 25SF22.5SF22.5SF1,516 SF3 BEDD1853 SF1 BED + DENBB4600 SF1 BEDB6Area Legend1 BED1 BED + DEN2 BED2 BED + DEN3 BEDALCOVEBOHCOMMON / CIRCULATIONPARKINGSTUDIOPLAN NORTHABCDSignatureTyped or Printed NameLicense #DatePROJECT NUMBERDRAWN BYCHECKED BYORIGINAL ISSUE:REVISIONS:KEY PLANNOT FOR CONSTRUCTIONI hereby certify that this plan, specification, orreport was prepared by me or under my directsupervision and that I am a duly licensed architectunder the laws of the State of Minnesota1/23/2023 2:59:18 PMA1.2TYPICAL FLOOR PLANProject NumberESG ESGJan 23, 20238200 Golden Valley Road8200 GoldenValley RoadGolden Valley, MNLand UseApplicationJan 23, 2023No. Description Date3/64" = 1'-0"A1.21TYPICAL UPPER LEVEL PLAN193 9 0 2 9039039049 0 4 9049069 0 6906906906 9 0 6 9 0 7 9 0 7907907907907907907907 9079089089089089089 0 8 9089089089089099099099099099099 0 9 9 1 1911912 9129129125.5612.58 TC EXIST12.16 TC EXIST12.01 TC EXIST12.089 0 5 9059059 0 5 9 1 0910910 9109 1 0 9 1 0 9100.471.47 BW3.09 BW4.47 BW5.62 BW7.26 BW8.88 BW10.73 ME11.20 ME11.47 ME11.63 ME12.01 ME12.28 ME12.68 ME12.33 ME12.05 ME8.178.75 TC/ME3.02 TC/ME2.51 CONC ME8.1712.503.813.61 CONC ME4.57 CONC ME5.96 CONC ME6.67 CONC ME6.87 CONC ME6.63 CONC ME3.643.0012.508.5010.508.008.509.8310.5010.5010.0010.0010.008.508.507.3412.508.50Garage Door9.22 G/ME9.1512.5012.50912.50 FFE8.218.50Garage Door8.207.897.907.8010.064.874.04 G/ME3.10 TC/ME2.73 G/ME3.609.504.333.9512.02 TC/ME9.65 TC/ME10.006.557.607.606.257.606.778.007.806.501.922.222.84 TC/ME2.62 TC/ME2.46 TC/ME2.37 TC/ME6.68 TC/ME6.19 G/ME905.18 G/ME908.17 FFE5.183.71 ME4.2310.17 G/ME10.66 TC/ME10.008.3310.5010.408.178.178.17DOOR8.17DOOR6.278.078.0710.50DOOR11.00 HP910.50 FFE910.50 FFE8.50DOOR8.50DOOR8.50DOOR11.94 TC/ME11.76 TC/ME11.29 TC/ME10.65 TC/ME10.02 TC/ME2.49 TC/ME10.25 HP2.33 TC/ME10.182.06 TC/ME1.97 TC/ME8.381.81 TC/ME6.67 G/LP7.17 TC/EOF8.17DOOR5.008.58 TC/ME7.85 TC/ME7.07 TC/ME6.93 TC/ME6.06 TC/ME5.50 TC/ME4.71 TC/ME4.60 TC/ME3.409.503.58 ME3.66 G5.719.10 LP6.966.225.955.809.10 LP9.50 EOF9.50 EOF9.10 LP9.10 LP9.10 LP9.10 LP9.50 EOF9.50 EOF9.45 HP9.62 HP9.48 HP9.64 HP9.51 HP9.50 EOF9.50 EOF9.2810.509.7710.50Garage Door10.5010.5010.1310.507.17 HP/EOF7.667.818.119.176.97 LP9.8310.50DOOR9.387.675.9010.508.747.986.076.677.008.657.677.337.675.574.568.057.707.708.059.959.7510.759.669.509.779.508.9210.507.636.277.177.7910.006.3610.0010.008.067.7612.20 LP12.33 HP12.25 HP11.87 LP12.00 LP12.33 HPRESI ROOFRESI ROOF548 SFALCOVE495 SFSTUDIO580 SFALCOVE913 SF2BRT1,032 SF2 BR849 SF1BR DEN1,304 SF2BR1,262 SF2 BR682 SF1 BR685 SF1 BR510 SFSTUDIO510 SFSTUDIO833 SF1 BR685 SF1 BR849 SF1 BR DEN847 SF1 BR DEN792 SF1 BR1,108 SF2 BR750 SF1 BR548 SFALCOVE767 SFAMENITYPATIO600 SFALCOVEEXTERIOR AMENITY25SF25SF40SF 40SF40SF25SF25SF25SFELECTRICAL / STORAGEElectrical1,331 SF2 BEDC81,204 SF2 BEDC9750 SF1 BEDB5718 SF1 BEDB6718 SF1 BEDB6750 SF1 BEDB51,144 SF2 BEDC7718 SF1 BEDB6718 SF1 BEDB6893 SF1 BED + DENBB1840 SF1 BED + DENBB2718 SF1 BEDB61,087 SF2 BEDC6Area Legend1 BED1 BED + DEN2 BEDALCOVEAMENITYBOHCOMMON / CIRCULATIONSTUDIOPLAN NORTHABCDSignatureTyped or Printed NameLicense #DatePROJECT NUMBERDRAWN BYCHECKED BYORIGINAL ISSUE:REVISIONS:KEY PLANNOT FOR CONSTRUCTIONI hereby certify that this plan, specification, orreport was prepared by me or under my directsupervision and that I am a duly licensed architectunder the laws of the State of Minnesota1/23/2023 2:59:23 PMA1.3LEVEL 6 PLANProject NumberESG ESG8200 Golden Valley Road8200 GoldenValley RoadGolden Valley, MNLand UseApplicationJan 23, 2023No. Description Date3/64" = 1'-0"A1.31LEVEL 6 PLAN194 PLAN NORTHABCDSignatureTyped or Printed NameLicense #DatePROJECT NUMBERDRAWN BYCHECKED BYORIGINAL ISSUE:REVISIONS:KEY PLANNOT FOR CONSTRUCTIONI hereby certify that this plan, specification, orreport was prepared by me or under my directsupervision and that I am a duly licensed architectunder the laws of the State of Minnesota1/23/2023 2:59:24 PMA1.4SOLAR STUDIESProject NumberESG ESG8200 Golden Valley Road8200 GoldenValley RoadGolden Valley, MNLand UseApplicationJan 23, 2023No. Description DateJUNE 21 - 9AMJUNE 21 - 12PMJUNE 21 - 4PMMARCH/SEPTEMBER 21 - 9AMMARCH/SEPTEMBER 21 - 12PMMARCH/SEPTEMBER 21 - 4PMDECEMBER 21 - 9AMDECEMBER 21 - 12PMDECEMBER 21 - 4PM 195 LEVEL 1100' - 0"LEVEL 2112' - 0"LEVEL 3122' - 8"LEVEL 4133' - 4"LEVEL 5144' - 0"LEVEL 6154' - 8"ROOF LEVEL165' - 4"LOWER LEVEL90' - 0"COMPOSITE WINDOWMASONRY (TYPE 1)FIBER CEMENT PANEL OR STUCCOMETAL PANEL OR FIBER CEMENT PANELFIBER CEMENT PANELMASONRY (TYPE 1)MASONRY (TYPE 2)HIGH PARAPET170' - 4"LEVEL 1100' - 0"LEVEL 2112' - 0"LEVEL 3122' - 8"LEVEL 4133' - 4"LEVEL 5144' - 0"LEVEL 6154' - 8"ROOF LEVEL165' - 4"LOWER LEVEL90' - 0"FIBER CEMENT PANEL OR STUCCOMETAL PANEL OR FIBER CEMENT PANELMASONRY (TYPE 2)COMPOSITE WINDOWFIBER CEMENT PANELMASONRY (TYPE 1)MASONRY (TYPE 2)MASONRY (TYPE 2)HIGH PARAPET170' - 4"LEVEL 1100' - 0"LEVEL 2112' - 0"LEVEL 3122' - 8"LEVEL 4133' - 4"LEVEL 5144' - 0"LEVEL 6154' - 8"ROOF LEVEL165' - 4"LOWER LEVEL90' - 0"FIBER CEMENT PANELFIBER CEMENT PANEL OR STUCCOMASONRY (TYPE 1)COMPOSITE WINDOWMETAL PANEL OR FIBER CEMENT PANELMASONRY (TYPE 1)MASONRY (TYPE 1)MASONRY (TYPE 1)HIGH PARAPET170' - 4"SignatureTyped or Printed NameLicense #DatePROJECT NUMBERDRAWN BYCHECKED BYORIGINAL ISSUE:REVISIONS:KEY PLANNOT FOR CONSTRUCTIONI hereby certify that this plan, specification, orreport was prepared by me or under my directsupervision and that I am a duly licensed architectunder the laws of the State of Minnesota1/23/2023 2:59:26 PMA3.1EXTERIOR ELEVATIONSProject NumberESG ESG8200 Golden Valley Road8200 GoldenValley RoadGolden Valley, MNLand UseApplicationJan 23, 2023No. Description Date1/16" = 1'-0"A3.11ELEVATION - WEST1/16" = 1'-0"A3.12ELEVATION - WEST ENTRY1/16" = 1'-0"A3.13ELEVATION - EAST 196 LEVEL 1100' - 0"LEVEL 2112' - 0"LEVEL 3122' - 8"LEVEL 4133' - 4"LEVEL 5144' - 0"LEVEL 6154' - 8"ROOF LEVEL165' - 4"LOWER LEVEL90' - 0"FIBER CEMENT PANEL OR STUCCOFIBER CEMENT PANELMASONRY (TYPE 1)COMPOSITE WINDOWSMETAL PANEL OR FIBER CEMENT PANELHIGH PARAPET170' - 4"LEVEL 1100' - 0"LEVEL 2112' - 0"LEVEL 3122' - 8"LEVEL 4133' - 4"LEVEL 5144' - 0"LEVEL 6154' - 8"ROOF LEVEL165' - 4"LOWER LEVEL90' - 0"COMPOSITE WINDOWSMASONRY (TYPE 2)METAL PANEL OR FIBER CEMENT PANELFIBER CEMENT PANEL OR STUCCOFIBER CEMENT PANELMASONRY (TYPE 1)FIBER CEMENT PANEL OR STUCCOMETAL PANEL OR FIBER CEMENT PANELMASONRY (TYPE 1)MASONRY (TYPE 1)HIGH PARAPET170' - 4"LEVEL 1100' - 0"LEVEL 2112' - 0"LEVEL 3122' - 8"LEVEL 4133' - 4"LEVEL 5144' - 0"LEVEL 6154' - 8"ROOF LEVEL165' - 4"LOWER LEVEL90' - 0"COMPOSITE WINDOWMASONRY (TYPE 1)FIBER CEMENT PANELFIBER CEMENT PANEL OR STUCCOHIGH PARAPET170' - 4"SignatureTyped or Printed NameLicense #DatePROJECT NUMBERDRAWN BYCHECKED BYORIGINAL ISSUE:REVISIONS:KEY PLANNOT FOR CONSTRUCTIONI hereby certify that this plan, specification, orreport was prepared by me or under my directsupervision and that I am a duly licensed architectunder the laws of the State of Minnesota1/23/2023 2:59:29 PMA3.2EXTERIOR ELEVATIONSProject NumberESG ESG8200 Golden Valley Road8200 GoldenValley RoadGolden Valley, MNLand UseApplicationJan 23, 2023No. Description Date1/16" = 1'-0"A3.21ELEVATION - NORTH1/16" = 1'-0"A3.22ELEVATION - SOUTH1/16" = 1'-0"A3.24ELEVATION - SOUTH ENTRY 197 LEVEL 1100' - 0"LEVEL 2112' - 0"LEVEL 3122' - 8"LEVEL 4133' - 4"LEVEL 5144' - 0"LEVEL 6154' - 8"ROOF LEVEL165' - 4"LOWER LEVEL90' - 0"MASONRY (TYPE 1)COMPOSITE WINDOWMETAL PANEL OR FIBER CEMENT PANELSTUCCO OR FIBER CEMENT PANELFIBER CEMENT PANELHIGH PARAPET170' - 4"LEVEL 1100' - 0"LEVEL 2112' - 0"LEVEL 3122' - 8"LEVEL 4133' - 4"LEVEL 5144' - 0"LEVEL 6154' - 8"ROOF LEVEL165' - 4"LOWER LEVEL90' - 0"MASONRY (TYPE 1)COMPOSITE WINDOWMETAL PANEL OR FIBER CEMENT PANELSTUCCO OR FIBER CEMENT PANELHIGH PARAPET170' - 4"LEVEL 1100' - 0"LEVEL 2112' - 0"LEVEL 3122' - 8"LEVEL 4133' - 4"LEVEL 5144' - 0"LEVEL 6154' - 8"ROOF LEVEL165' - 4"LOWER LEVEL90' - 0"MASONRY (TYPE 1)COMPOSITE WINDOWMETAL PANEL OR FIBER CEMENT PANELFIBER CEMENT PANEL OR STUCCOFIBER CEMENT PANELHIGH PARAPET170' - 4"SignatureTyped or Printed NameLicense #DatePROJECT NUMBERDRAWN BYCHECKED BYORIGINAL ISSUE:REVISIONS:KEY PLANNOT FOR CONSTRUCTIONI hereby certify that this plan, specification, orreport was prepared by me or under my directsupervision and that I am a duly licensed architectunder the laws of the State of Minnesota1/23/2023 2:59:31 PMA3.3COURTYARD ELEVATIONSProject NumberESG ESG8200 Golden Valley Road8200 GoldenValley RoadGolden Valley, MNLand UseApplicationJan 23, 2023No. Description Date1/16" = 1'-0"A3.31ELEVATION - EAST COURTYARD1/16" = 1'-0"A3.32ELEVATION - SOUTH COURTYARD1/16" = 1'-0"A3.33ELEVATION - WEST COURTYARD 198 Signature Typed or Printed Name License #Date PROJECT NUMBER DRAWN BY CHECKED BY ORIGINAL ISSUE: REVISIONS: KEY PLANNOT FOR CONSTRUCTIONI hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly licensed architect under the laws of the State of Minnesota A3.3 COURTYARD ELEVATIONS Project Number ESG ESG 8200 Golden Valley Road 8200 Golden Valley Road Golden Valley, MN Land Use Application Jan 23, 2023 No. Description Date 1/4" = 1'‐0"1 SOUTH WELLSFARGO PLAN A3.4PLAN 85'-4"52'-6"199 Signature Typed or Printed Name License #Date PROJECT NUMBER DRAWN BY CHECKED BY ORIGINAL ISSUE: REVISIONS: KEY PLANNOT FOR CONSTRUCTIONI hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly licensed architect under the laws of the State of Minnesota A3.3 COURTYARD ELEVATIONS Project Number ESG ESG 8200 Golden Valley Road 8200 Golden Valley Road Golden Valley, MN Land Use Application Jan 23, 2023 No. Description Date SLAB 0" T.O. PARAPET 21' -6" T.O. LOW PARAPET 20' -0" EA-1 ACCENT CLADDING EB-1 STONE EM-1 ACM WALL PANELS ACM PANEL BY SIGNAGE VENDOR ET-1 METAL COPPING ET-2 HM EXIT DOOR EC-1 ACM CANOPY PANELS EC-2 ACM CANOPY PANELS ET-3 BREAK METAL BASE 27' - 4 7/8"10' - 11 3/8" ET-1 TRIM ES-1 CURTAIN WALL SYSTEM SLAB 0" T.O.S 14' -0" T.O. PARAPET 21' -6" T.O. LOW PARAPET 20' -0" EB-1 STONE ENTRY DOOR AND FRAME ET-1 METAL COPPING EC-1 ACM CANOPY PANELS EC-2 ACM CANOPY PANELS EC-1 ACM CANOPY PANELS EC-2 ACM CANOPY PANELS ET-1 TRIM ES-1 CURTAIN WALL SYSTEM ET-1 TRIM ET-3 BREAK METAL BASE 28' - 5 1/2"11' - 3 3/8" EM-1 ACM WALL PANELS ACM PANEL BY SIGNAGE VENDOR 1/4" = 1'‐0"1 SOUTH 1/4" = 1'‐0"2 NORTH WELLSFARGO ELEVATIONS A3.5 200 Signature Typed or Printed Name License #Date PROJECT NUMBER DRAWN BY CHECKED BY ORIGINAL ISSUE: REVISIONS: KEY PLANNOT FOR CONSTRUCTIONI hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly licensed architect under the laws of the State of Minnesota A3.3 COURTYARD ELEVATIONS Project Number ESG ESG 8200 Golden Valley Road 8200 Golden Valley Road Golden Valley, MN Land Use Application Jan 23, 2023 No. Description Date SLAB 0" T.O.S 14' -0" T.O. PARAPET 21' -6" T.O. LOW PARAPET 20' -0" EM-1 ACM WALL PANELS ET-1 METAL COPING 28' - 7 1/4" EA-1 ACCENT CLADDING ET-3 BREAK METAL BASE ES-1 CURTAIN WALL SYSTEM EM-1 ACM WALL PANELS ACM PANEL BY SIGNAGE VENDOR ET-1 TRIM EC-1 ACM CANOPY PANELS EC-2 ACM CANOPY PANELS SLAB 0" T.O.S 14' -0" T.O. PARAPET 21' -6" T.O. LOW PARAPET 20' -0" ET-1 METAL COPPING EB-1 STONE EA-1 ACCENT CLADDING ET-1 TRIM 28' - 5 3/4"7' - 6" ES-1 CURTAIN WALL SYSTEM EM-1 ACM WALL PANELS ACM PANEL BY SIGNAGE VENDOR ET-3 BREAK METAL BASE EA-1 ACCENT CLADDING ET-2 HM SPRINKLER RM. DOOR ET-1 TRIM EC-1 ACM CANOPY PANELS EC-2 ACM CANOPY PANELS 1/4" = 1'‐0"2 WEST 1/4" = 1'‐0"1 EAST WELLSFARGO ELEVATIONS A3.6 201 GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY GOLDV 166095 Page 36 The significant delays experienced on the side streets are comparable to the 2022 existing conditions and are primarily attributed to the longer cycle lengths set by MnDOT along TH 55, which prioritize vehicle throughput on the mainline. As development occurs in Area 5, it is recommended that the accesses on Winnetka Avenue be removed, and all accesses be located on Harold Avenue to minimize conflict and offer additional northbound storage room for queues. Table 15 – 2042 Build Traffic Operations – Area 5 Sensitivity Analysis (SimTraffic) Peak Hour Intersections: Approach 2042 Full Build 2042 Full Build - Area 5 Sensitivity Analysis Approach (sec/LOS) Intersection (sec/LOS) Approach (sec/LOS) Intersection (sec/LOS) AM Peak Hour TH 55 at Winnetka Ave (Traffic Signal) EB 16.6 / B 26.6 / C 16.5 / B 27.8 / C WB 12.0 / B 12.2 / B NB 85.7 / F 94.6 / F SB 66.6 / E 67.5 / E Winnetka Ave at Harold Ave (Traffic Signal) EB 7.0 / A 2.6 / A 5.7 / A 2.6 / A WB 4.7 / A 5.1 / A NB 0.2 / A 0.2 / A SB 3.8 / A 3.5 / A PM Peak Hour TH 55 at Winnetka Ave (Traffic Signal) EB 17.2 / B 33.3 / C 16.2 / B 33.9 / C WB 18.3 / B 18.8 / B NB 88.5 / F 92.9 / F SB 80.6 / F 79.1 / E Winnetka Ave at Harold Ave (Traffic Signal) EB 8.2 / A 1.1 / A 10.6 / B 1.4 / A WB 5.1 / A 5.1 / A NB 0.2 / A 0.3 / A SB 3.1 / A 3.7 / A 5.5 Golden Valley Road at Wisconsin Avenue Intersection Analysis 5.5.1 Single Lane Roundabout Although the intersection of Golden Valley Road at Wisconsin Avenue does not indicate existing safety concerns or future operational issues with the redevelopment traffic demand, the City requested a review of the operations of a roundabout at the intersection. The intersection currently operates as an all-way stop controlled intersection. The roundabout-controlled intersection could be implemented as a traffic calming strategy for the corridor, be a gateway feature into the City’s downtown area, or alleviate any future safety or operational concerns. The roundabout analysis was performed using the Highway Capacity Software (HCS7), which implements the Highway Capacity Manual (HCM) calculations. The all-way stop analysis was also performed using HCS7 for a direct comparison between the control options. Table 16 summarizes the operations for the intersection under the existing all-way stop control and the roundabout control. The two control types show similar operations during the AM peak period, showing LOS A for the intersection and for all approaches with minimal queueing. During the PM 202 GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY GOLDV 166095 Page 37 peak hour, the roundabout control reduces the overall intersection delay by 5.3 seconds per vehicle. Figure 13 shows a concept level drawing of a single-lane roundabout with a 120 ft diameter and truck apron. Not including right-of-way, the construction cost estimate for this concept is $1.2- $1.6 million. Table 16 – 2042 Build Traffic Operations – Golden Valley Rd at Wisconsin Ave (HCS) Peak Hour Intersection Total Entering Volume Approach Existing (All-Way Stop) Roundabout Approach (sec/LOS) Intersection (sec/LOS) Approach (sec/LOS) Intersection (sec/LOS) AM Peak Hour Golden Valley Rd at Wisconsin Ave 426 vehicles EB 8.9 / A 8.7 / A 3.9 / A 4.1 / A WB 8.7 / A 4.0 / A NB 8.7 / A 4.3 / A SB 8.5 / A 3.8 / A PM Peak Hour Golden Valley Rd at Wisconsin Ave 667 vehicles EB 10.7 / B 10.0 / B 4.8 / A 4.7 / A WB 9.9 / A 4.3 / A NB 9.7 / A 5.2 / A SB 9.6 / A 4.3 / A 5.5.2 Mini Roundabout Currently, there is not a standard traffic operations analysis tool to evaluate a mini roundabout; there are only guidelines for the expected operational capacity of the intersection. A mini roundabout is expected to have less capacity than any single-lane roundabout examined in this section. FHWA guidance suggests a total entering demand for a mini roundabout to be less than 1,600 vehicles per hour. The 2042 full build volumes estimate a volume demand less than 500 vehicles per hour during the AM peak hour and less 700 vehicles per hour during the PM peak hour. Therefore, a mini roundabout is expected to operate acceptably at this intersection. An example of a functioning mini roundabout in the City of New Prague, Minnesota is shown below. Mini roundabout on Main Street in New Prague, Minnesota 203 GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY GOLDV 166095 Page 38 Figure 14 shows a concept level drawing of a mini roundabout at the Wisconsin Avenue and Golden Valley Road intersection with an 85 ft diameter and mountable median. Not including righto-of-way, the construction cost estimate for this concept is $0.6-$1.0 million. The mini roundabout is expected to have significantly less impact to right-of-way at the corners compared to the single-lane roundabout. A signal-controlled intersection was not analyzed at this intersection since it was assumed that the estimated build volumes would not meet signal warrants and since the existing and roundabout-controlled scenarios perform acceptably. 204 5/18/202210:42:10 AMX:\FJ\G\GOLDV\166095\4-prelim-dsgn-rpts\43-prelim-dsgn\CP166095_fig.dgnRABFIGURE No. 2ST. PAUL, MN 55110 3535 VADNAIS CENTER DR. PHONE: (651)490-2000shotchkin DATE: 166095 5/18/2022 GOLDEN VALLEY RD.GOLDEN VALLEY RD.WISCONSIN AVE.WISCONSIN AVE.LEGEND PROPOSED ROADWAY PROPOSED C&G, RAISED MEDIAN PROPOSED WALK 0 feetscale 50 50 100 25 ROUNDABOUT ALT. GOLDEN VALLEY RD. / WISCONSIN AVE. PROPOSED TRUCK APRON Figure 13 205 6/6/20229:35:07 AMX:\FJ\G\GOLDV\166095\4-prelim-dsgn-rpts\43-prelim-dsgn\CP166095_fig.dgnmini RABFIGURE No. 3ST. PAUL, MN 55110 3535 VADNAIS CENTER DR. PHONE: (651)490-2000shotchkin DATE: 166095 6/6/2022 GOLDEN VALLEY RD.GOLDEN VALLEY RD.WISCONSIN AVE.WISCONSIN AVE.LEGEND PROPOSED ROADWAY PROPOSED C&G, RAISED MEDIAN PROPOSED WALK 0 feetscale 50 50 100 25 MINI ROUNDABOUT ALT. GOLDEN VALLEY RD. / WISCONSIN AVE.Figure 14 206 1 Community Development Department Date: February 27, 2023 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing – Zoning Map Amendment for 8200 Golden Valley Road and 8240 Golden Valley Drive Summary of Request Sentinel Management Company is proposing three planning actions to allow for the redevelopment of two properties bounded by Golden Valley Road, Wisconsin Avenue North, and Golden Valley Drive. They are requesting a change in the guided land use, a change in the zoning designation, and a revised plat that modifies the sizes of the two existing parcels. The proposed project would result in a 302-unit multifamily building wrapped around a 450 space parking ramp, as well as a new single-story Wells Fargo branch bank. Existing Conditions For details on the background of this rezoning request and the existing conditions of the site itself, please refer to the accompanying memo on the proposed change in guided land use. Proposal The zoning request would change the designated zoning from Commercial to Community Mixed Use (MU-C). Required Process Support from the Planning Commission and City Council for this proposal would also necessitate review and approval from the Metropolitan Council for the change in land use, requiring a brief delay in the final vote on the rezoning and subdivision. Staff have confirmed this would be an administrative review and approval by the Met Council, meaning a fairly quick turnaround. Staff Review The City Code does not set specific standards for changing a zoning designation, and the City Council – with the input of the Planning Commission – has a great deal of latitude in deciding if the request is consistent with the broader zoning map for the city. In making a determination, the C ity should take into account the purpose of zoning as outlined in the City code, which is “to regulate land use within the City, including the location, size, use, and height of buildings, the arrangement 207 2 of buildings on lots, and the density of population within the City for the purpose of promoting the health, safety, order, convenience, and general welfare of all citizens of the City.” (Sec. 113 -2) The rezoning request seeks to change the site’s zoning from Commercial to Community Mixed Use (MU-C). The purpose statements for both districts follow: Commercial Zoning The purpose of the Commercial Zoning District is to provide for the establishment of commercial and service activities which draw from and serve customers in the community and are located in areas which are well served by collector and arterial streets. The district and its regulations should encourage business activity and vitality in support of the City's Economic Competitiveness goals and policies. Mixed Use Zoning The purpose of the Mixed Use Zoning District is to implement the following principles: (1) Implement the policies of the Comprehensive Plan. (2) Enable appropriate locations within the City to evolve towards a diverse mix of compatible uses. (3) Maximize integration rather than separation of uses. (4) Improve connectivity for all modes of transportation. (5) Provide a context suitable for high-frequency transit. (6) Foster neighborhood-serving retail and service uses. The district includes specific standards for building form, height, bulk, and placement in order to encourage development that enhances walkability, frames the public realm, and seamlessly transitions to adjacent development. The Community Mixed Use subdistrict is further defined as follows: This subdistrict allows a mix of uses including high-density residential and commercial, office, and institutional uses. Properties zoned for Community Mixed Use typically sit adjacent to State Highways or Interstates and are accessible through frequent transit service. Target markets encompass the surrounding neighborhoods, the broader community, and even the wider region. The built environment could include freestanding businesses, shopping areas, employment centers, and apartment buildings. Envisioned as compact urban development areas that serve as gateways to the city and as activity centers for the community, they allow for both vertical and horizontal mixed use and do not require a mix of uses within every building. Allowed Uses The Commercial district allows a wide variety of retail, service, care, office, and automotive uses while generally prohibiting manufacturing and other warehouse uses. Many of these are permitted – or by-right – while other require a conditional use permit. 208 3 The Community Mixed Use district also allows most commercial uses (with some restrictions, such as prohibiting gasoline sales or auto repair), while also expanding the range of options to include dense residential developments and institutional uses. Community Mixed Use targets a high- density range of 20 to 100 units per acre. At 3.8 acres, the site could theoretically accommodate up to 380 units. The City’s Downtown Redevelopment Framework Plan recommended modifying the existing zoning map from Commercial to Community Mixed Use, as it being proposed, in order to support activity in the downtown with increased residential density. Traffic As described in the land use memo, traffic associated with the proposed zoning can be accommodated by the existing infrastructure. Context The current zoning in proximity to the site is a complementary mix to the zoning being proposed. Zoning Map – existing conditions The site is surrounded to the north and east by Medium Density Residential (R-3) housing. To the south, the Golden Valley Shopping Center and its outbuildings are zoned Commercial and provide retail uses. Three professional office buildings are located directly to the west (zoned Office). 209 4 Institutional - Civic uses are within walking distance at the City Hall Campus, and Brookview Park provides open space (Institutional - Parks & Natural Areas) south of Olson Memorial Highway. Other properties zoned Community Mixed Use in Golden Valley are located adjacent to Hwy 55 and/or Hwy 169 or else in the I-394 corridor. Rezoning this area would not be inconsistent with the existing pattern of zoning. Setback Requirements and Height Requirements. In Mixed Use zoning districts, setbacks have been designed to push buildings closer to the street, providing an enhanced pedestrian environment and requiring parking lots be screened or located out of sight. Community Mixed Use buildings are allowed to be constructed to six stories or 90 ninety feet, with stepbacks on the upper three stories if adjacent rights-of-way are less than 70 feet wide. This is two stories taller than what would be allowed in a Neighborhood Mixed Use subdistrict. Staff Findings In order to provide support for the recommendation below, staff is offering the following findings of fact related to rezoning the proposed parcels to a Community Mixed Use designation: 1. The city’s downtown would benefit from the additional residential density allowed as a result of the change in zoning. 2. The city would benefit from the number of affordable units that would be required as a result of the requested change in zoning. 3. The proposed use of this site for high-density residential with a smaller commercial component fits with a number of the Guiding Principles and Design Guidelines from the Phase III Downtown Study final report. 4. The site is currently in an area with a variety of zoning designations, complementing the businesses and activities in the downtown. 5. Engineering staff have concluded that the amount of traffic generated from the zoning district would be able to be absorbed by the existing roadway infrastructure without a negative impact on the Level of Service at Wisconsin Ave and Golden Valley Road. 6. A specific project has been proposed in association with the change in zoning, but there is no guarantee a different proposal would not emerge that would be allowed once a Community Mixed Use designation was established. However, in general, any of the uses allowed under this zoning designation would be complementary and support the downtown overall. Recommended Action Based on the findings above, staff recommends approval of the requested amendment to the Zoning Map, changing the zoning for 8200 Golden Valley Road and 8240 Golden Valley Drive from Commercial to Community Mixed Use (MU-C). Attachments: Zoning Map (1 page) 210 M edi c i neLakeBranchIkePond Colonial Pond Ottawa Pond Glen-woodPond EgretPond LilacPond DuluthPond St.CroixPond Chicago Pond LilacPond Pond CTurners PondGlen 1 Pond DuckPond Loop EPond Loop FPond Sweeney LakeWirth LakeTwin LakeB a s s ett C re e k Hampshire Pond DecolaPond A NorthRicePond West RingPond Cortlawn Pond DecolaPonds B & C Westwood Lake SchaperPond SouthRicePond East RingPond Bassett CreekDecolaPondE DecolaPond F BreckPond NatchezPond MinnaquaPond WirthPond Toledo/AngeloPond HoneywellPond StrawberryPond DecolaPond D Bas s e tt Cr ee k BassettC r e e k Basset t Cr eekBassettC r e e k BassettC reekSweeney L akeBranchNW LoopPondBoone Avenue PondMain Stem Pond B Pond C Bassett Creek NatureArea Pond Medicine Lake BrookviewPond A Hidden LakesPond 1 Pond 2A Pond 2B Pond 3 Schaper BallfieldPond Pond O Pond J Spirit of Hope Church Pond GoldenRidgePond Golden Meadows Pond SoccerFieldPond WestPond 201GeneralMillsPond HaroldPond Medicine Lake Road Pond Xenia MitigationPond 10th AvePond SpringPond Briar-woodPond LaurelHills Pond JFB NWPond LogisPond BrownieLake BirchPond MinnaquaWetland GrimesPondBassett CreekPark Pond SweeneyLakeBranchPond M Pond F Pond DP ond E Dover HillPondLiberty BasinS w e e n e y L akeBranchBrookviewGolf Course LionsPark WesleyPark Sochacki Park SchaperPark ScheidParkHampshirePark MedleyPark Briarwood Laurel Avenue Greenbelt Glenview TerracePark North TyrolPark Western AvenueMarsh Nature Area GeartyPark Sandburg AthleticFacility NatchezPark ValleyView ParkPennsylvaniaWoods BassettCreekNature Area WildwoodPark IsaacsonPark SouthTyrol Park SeemanPark AdelineNature Area YosemitePark StockmanPark Golden OaksPark St CroixPark LakeviewPark SweeneyPark Perpich CenterBall Fields Ronald B. Davis Community Center Brookview Park Westwood HillsNature Center (SLP) (MPRB) Theodore WirthRegional Park Eloise Butler WildflowerGarden and Bird Sanctuary Wirth LakeBeach Golden RidgeNature Area General Mills NaturePreserve General Mills ResearchNature Area BooneOpenSpace GoldenHills Pond MadisonPond SouthTyrolPond LibraryHill IdahoWetland GeorgiaOpen Space ArdmoreNorth&SouthPonds JanalynPond MeadowPond O p e n S p a c e OrklaOpenSpace PicnicPavilion Chalet SochackiPark (Three Rivers Park Dist.) Bassett Valley Open Space Byrd BluffOpenSpace → FishingDock PaisleyPark XeniaOpenSpace DahlbergOpenSpace Minnaqua Greenbelt (TRPD) (Mpls Park & Rec Board) Plymouth Avenue The Trailhead 456766 456770 456766 456740 456740 4567156 4567102 §¨¦394 §¨¦394 Æÿ55 Æÿ55 Æÿ100 Æÿ100 £¤169 £¤169 34th Ave N Medicine Lake Rd BroggerCir Knoll St Lilac Dr NLilac Dr NThotland Rd Mendelssohn Ave NWinnetka Ave NSunnyridgeCir Western Ave (WaterfordDr)Hillsboro Ave NZealandAve N Aquila Ave NOrkla DrWisconsin Ave N23rd Ave N KalternLn Wynnwood Rd 25th Ave N Bies DrJonellen Ln Sumter Ave NRhodeIslandAveNPatsy Ln Valders Ave NWinnetka Ave NDuluth St Florida Ave NSandburg Rd HeritageCirKentley Ave Wynnwood Rd Kenneth Way Unity Ave NB a s s e ttC r e e k D rQuailAveNScott Ave NLilac Dr NLowry Ter 33rd Ave N Noble Ave NCross LnQuail Ave NScott Ave NRegent Ave NToledo Ave NIndiana Ave N(BridgewaterRd)(WaterfordCt)(Hid d e nLnkesPkwy)Meadow Ln NFrance Ave NTopel Rd Unity Ave NPhoenix St Parkview TerWelcomeAveNWelcomeC ir W e l c o meAveNXeniaAveNZ a n e Av e NLindsay St St Croix Ave N St Croix Ave N Yosemite Ave NWolfberryLnBrunswick Ave NCounty Rd 102Westmore Way Green Valley Rd Louisiana Ave NKelly DrMaryland Ave NOlympia St Winsdale St Winnetka Ave NYukon CtWesleyDr Wesley Dr Plymouth Ave N 10th Ave N Kelly DrVarner CirPennsylvania Ave NFaribault StQuebec Ave NRhode Island Ave NPhoenix St Knoll St County Rd 156Jersey Ave NCountryClubDr P h o e n ix S tDouglas DrGeorgia Ave NCou n ty Rd40 Hampshire Ave NWestch esterCirJersey Ave NGardenParkQuebe c Av e SWinnetka Ave NWally St Ensign Ave N7th Ave N Golden Valle y Rd Decatur Ave N10th Ave N Natchez Ave NXerxes Ave N (Mpls)Olson Memorial Hwy Cutacross Rd Olson Memorial Hwy Earl St Flag Ave NHampshire LnJersey Ave NFloridaAveNEdgewoodAve NDouglas DrDuluth Ln Scott Ave N Drake Rd Lowry Ter Kyle Ave NQuail Ave NPerry Ave NNoble Ave NCulver Rd Dawnview Ter Dona Ln Noble Ave NScottAveNGl e ndenTer Culver R d Marie Ln W Hampton Rd RegentAveNPerryAveNLilac Dr N27th Ave N Merribee Dr Kyle Ave NHampton RdOrchard Ave NMarie Ln E Lee Ave NKyle Ave NDresde n L n Kewanee W ay 26th Ave N Me ri d i a n D r P a r k v i e w B l v d Terrace LnManor DrMcNair DrByrd Ave N B a s s ettCreekDrMaryHillsDrZenith Ave NVista DrXerxes Ave NYork Ave NS t M a rg aret D rZephyr PlXerxes Ave NXerxes Ave N (Mpls)(SkylineDr)Spruce TrKyle PlW e s t b r o o k R d Noble Ave Frontage RdCircleDownOrchard Ave NPerryAveNWindsorWayWestbendR dUnity Ave NG reenview LnRegent Ave NSorell Ave Frontenac Ave Quail Ave NSt Croix Ave N Winsdale St StCroixCirAngelo DrUnity Ave NAlfred Rd Spring Valley RdN o b l e DrMajor DrAdeline LnAngelo DrAngelo DrWills PlToledo Ave NOttawa Ave NKillarney DrZane Ave NWoodstock A v e Woodstock Ave Loring LnYosemiteAveN Turners Crossroad NWestchesterCirN F r ontageRdFlorida Ave NHampshire Ave NPlymouth Ave N Idaho Ave NOlympia StHampshire Ave NArcher Ave NKelly DrPennsylvania Ave NDuluth St Xylon Ave NWisconsin Ave NSumter Ave NBoone Ave NWinsdale St Meadow Ln N DahlbergD r Woodstock Ave Poplar Dr Meadow Ln NChatelain T e r Natchez Ave NEdgewood Ave NK i n g s t o n C i r Glenwood Ave Country Club DrValdersAveNOrkla DrElgin PlDecaturAveN Indiana Ave NRoanoke CirWestern Ave Western Ave Harold Ave Loring Ln WestwoodDrNArdmoreDrWinsdale St Knoll St Oak Grove CirDuluth St Zane Ave NDouglas Dr27th Ave N Bonnie Ln Medicine Lake Rd Madison Ave W Nevada Ave NLouisiana Ave NCounty Rd 70 ValdersAve NValders Ave N23rd Ave N Rhode IslandAve NCounty Rd 156Medicine Lake Rd Mendelssohn Ave NWinsdale St St C ro ix Ave N June Ave NLegend DrLegendLn General Mills BlvdBoone Ave NSunnyridge LnGlenwood Ave Janalyn CirJanalyn CirGlencrest Rd Meadow Ln SWayzata BlvdWestwood Dr SWestwoodLn StrawberryLnOttawa Ave NOttawa Ave SNatchez Ave S Tyrol Crest SussexRdJune Ave SWayzata Blvd FairlawnWayNatchez Ave SOttawa Ave SPrincetonAve SDouglas Ave Circle DownTurners Crossroad SGolden Hills Dr Laurel AveLaurel Ave Hampshire Ave SDakota Ave SBrunswick Ave SKing Hill RdGlenwood Ave Colonial Dr Medicine Lake Rd FloridaAveSAlley Market StMarket St Louisiana Ave SLaurel AvePennsylvania Ave SRhode Island Ave SSumter Ave SUtah Ave SGregory Rd VermontAve SWi sc o ns i n AveSGeneral Mills BlvdHanley RdRidgeway Rd Laurel Ave QubecAve S County Rd 102Nevada Ave SColonial RdLouisianaAveSKentucky Ave SJersey Ave SHeathbrookeCir G le n w o o d P k w y (Carriage Path)Xenia Ave SFlorida CtLilacD r NOlson Memorial Hwy Schaper Rd Lilac Dr NG o ld en V alley R dLilac Dr N(WoodlandTrail)(Wat.Dr) BassettCreek Ln (NobleDr)France Ave S (Mpls)N Frontage Rd S Frontage Rd Olson Mem HwyAdair Ave NAdair Ave NWestbrookRd 34th Ave N Mendelssohn Ave NAlley-Unimproved--Unimproved- Wayzata Blvd Wayzata BlvdBoone Ave NG o ld e n V a lle y D rSchullerCirN F r o n t a g e R d S F r o n t a g e R d Rhode IslandAve N Pennsylvania Ave SAlley Alley (Private)AlleyAlleyLilac Dr NXerxes Ave N (Mpls)Harold Ave WestwoodDr N Ardmore DrT h e o d o r e Wirt h P k w y Tyrol Tr(Mendelssohn Ln)AlleyS Frontage Rd AlpinePassBren n e r PassDou g la s Ave QuentinAveSTyrol TrailTy r olTr a ilSunsetRidge Westw oodDrS RavineTrTyrol Trai l J analyn C irMadd usLn MeadowLnS AvondaleRdBurntsideDr S u nnyridgeLnBru n swickAveNLeberLn C loverleafDrCloverLnCl overleaf D r TheodoreWirthPkwyBeverly Ave B u rn tsideDrSpringValleyRdT oledoAveN Duluth St GoldenValle y R dSpringValleyCirC ou n ty Rd 66 (Island Dr)(IslandDr)GoldenValley Rd TheodoreWirthPkwyW irth P kw y W ay z a t aBl vd G le n w o o d P kwyPlymouthAve N (Mpls )ZenithAveNCrest vi ewA ve By r d A v e N Hwy 55 Glenwood Ave Bassett CreekDrLegend DrLeeAveNLeeAveNMajorAveNLeeAveNE l m daleRd AdellA veM in n a quaDr M innaquaD r ToledoAveNOrdwayMa rkayRidge Orchard Ave NN o r m a n d y P l CherokeePlQuailAveNRegentAveNTr ito n DrT r ito n D rL o w r y Ter 3 3rd AveN SandburgLn Lamplighter L n BrookridgeAveNValeCrestRdWinfieldAveCounty Rd 66 P ark Place Blv d (SLP)I-394SFr o n tag e Rd (SLP )Xeni aAveSCounty Rd 70 L ilacD rNLilacDrNLilacD r NConstanceDrWConstanceDrESandburg Rd S Frontage Rd N Frontage Rd N Frontage RdOlsonMemorialHwy S F r o n t a g e R d O l s o n M e m o r ia lH w y OlsonMemorialHwy Valleywo odCirYosemite CirLawn TerR adisson Rd Turnpike RdA lle y AlleyTu r npikeR d Col on ial Dr GlenwoodAve BrunswickAve NMeanderRd MeanderRdIdahoAveNHaroldAve Wayzata Blvd I-394SFrontageRd Edgewo odAveSIdahoAveNCortlawnCirWCortlawn Cir S CortlawnCirN Dawnv i e wTerCounty Rd 70 EdgewoodAveSK in gCreekRdKentu ckyAveNLouisianaAveNMarylandAve SRhodeIslandAveSRidgewayRdEwaldTe rWestern Ter FieldD r Brookview Pk w y N Harold Ave HalfMoonDr RidgewayRdG oldenValleyR d(B a s sett Creek Blvd) Lewis Rd 10thAve N EllisLnPlym outhAveN Plymouth Ave N Faribault St OrklaDrCastleCt Winnetka Heights D rKelly Dr Maryland A v eNHampshire Pl Olympia St Oregon Ave NQuebecAveNValdersAveNOrklaDrKnoll S tWisconsin AveNWinsdaleSt Mandan AveNCounty Rd 102AquilaAveNAquila AveNZealandAveNJulianne Ter Ju lia nneTerPatsy Ln WisconsinAveNAquilaAveNWestbend Rd WinnetkaHeightsDr ZealandAveNOrklaDrValdersCtValdersAve NWinnetkaHeights Dr A q uilaAveNZealandAveNS cottAveNRose ManorDuluthSt Duluth St CavellAveNEnsignAveNElg in Pl 23r d Ave N Medle y L n (Medley Rd) (Medley C ir)H illsboroAveN(English Cir )(Mayf airR d)(Kin g sVa l l e y Rd)(K ings V al leyRdE)(KingsVall e yRd W ) ( S tr o d e n C ir)(Tama rin Tr ) (Mar qui sRd) Ski Hill R d MajorCirLeeAveNMajorAveNRhodeIslandAveNG o ld en V alleyR d G o ld e n V a lle y R dG olden V alleyR d Hwy100H w y 10 0Hwy100Hwy100Hwy100Hwy100 H w y 3 9 4 Hwy 394 Hwy 394 Hwy 394 Hwy 394ColoradoAve NHwy169Hwy169Hwy169Hwy169Hwy169Colorado Ave SGoldenHills DrPaisleyLnPaisleyLn I-394NFrontageRd I -3 9 4 N Frontage Rd WayzataBlvd I-394SFrontag e R d York AveNValeryRdW asatchLn Hwy 55 Hwy 55 H w y 5 5 O l s o n M e m o r i a l H w yHwy 55 H w y 5 5 County Rd 40 County Rd 40 Glenwood A v e CountyR d 4 0 CountyRd40 GoldenValley R d C o u nty Rd 66ManchesterDr County Rd 156OregonAveS24th Ave N LilacDrNRoanokeRdLouisianaAveN Turnpike RdLilacLoop (Sunnyridge Ln)WisconsinAveN GettysburgCt(Laurel Pt) (Laure lCurv)Independence Ave NGettysburg Ave NFlag Ave NWheelerBlvdAlleyNaper St B e tty CrockerDr Decatur Ave N(WesleyCommonsDr)Winnetka Ave S Winnetka Ave SHanley RdBrookviewPkwySWayzataBlvd I-394 S Fron t a g e R d Olympia St Independence Ave NHillsboro Ave NGettysburg Ave NPassG reenwayU n io n P acific Railroad Canadian Pacific Railroad B u rlin g to n N o rt h e r n Sant aFeRailroadCanadianPacificRailroadC anadianP acificR ailroadC anadia n P a c i f i c R ailroad U nion Pacific R a i l r o a d Breck School SandburgMiddle School Perpich Center for Arts Education MNDOT District Office & State Highway Patrol NobleElementarySchool CalvaryLutheranChurch Speak theWord Church 10th AvenueCold Storage School ofEngineeringand Arts GovernmentCenter &Fire Station #1 MeadowbrookElementarySchool King of GraceLutheranChurchand School Churchof St.MargaretMary Good ShepherdCatholic Church&Good ShepherdSchool GoldenValleyLutheranChurch Spirit ofHopeChurch Oak Grove Church HennepinCounty SheriffCommunications Hennepin CountyLibrary Fire Station#3 Valley Community Presbyterian Church ChristianLifeCenter UnityChristChurch RedeemerReformedChurch FireStation#2 Valley of PeaceLutheran Church Golden ValleyCemetery Golden ValleyHistoricalSociety BrookviewCommunityCenter Breck IceArena WaterReservoir U.S.Post Office Loveworks Academy forVisual & Performing Arts On FireMinistry C I T Y O F N E W H O P E C I T Y O F C R Y S T A L C I T Y O F R O B B I N S D A L E CITY OF MINNEAPOLISC I T Y O F S T . L O U I S P A R K CITY OF MINNEAPOLISCITY OFST. LOUIS PARKCITY OF ROBBINSDALECITY OF CRYSTAL CITY OF CRYSTALC I T Y O F N E W H O P E CITY OF PLYMOUTHCITY OF MINNEAPOLISC I T Y O FST. L O U I S P A R KCITY OFPLYMOUTH74 83 94 88 7 5 13 34 8 25 78 87 79 6 75 86 27 56 66 90 46 3365 71 6795 51 70 8163 53 22 93 91 76 84 3947 1-A 72 61 59 68 30-B 77 1-B 42 28 44 89 36 24 18-A 55 2658 95 26-A34 14 48 54 41 98 96 97 100 109 121 120 118 115117123 113 114 110 122 124 112 C C B B A A City of G old en Va lleyCommunity Deve lopment Department7800 Go lden Valley R oadGolden Valley, MN 554 27-458 8763-593 -8095www.g olde nvalle ymn.go v Official Zoning Map Zoning Districts I:\Maps\ZoningMap.pdf ORDINANCE NO. 244, 2ND SERIES This is the Official Zoning Map referred to in Section 113.56 of the Zoning Chapter of the City Code of the City of Golden Valley. Adopted this 20th day of December 2022. 59 Planned Unit Development (PUD) See the "Official Flood Zone Profile and Map" on file with the City - The collection of floodprofiles contained in the Flood Insurance Study, Volumes 1 of 2 and 2 of 2, Hennepin County, Minnesota, all jurisdictions, dated November 4, 2016, including the Flood Insurance Rate Mapsfor the City of Golden Valley, panels 27053C0194F, 27053C0213F, 27053C0214F, 27053C0332F, 27053C0351F, 27053C0352F and 27053C0354F, dated November 4, 2016. Flood Plain Management Zoning Overlay District I-394 Overlay Zoning District (A, B, & C) Shoreland Overlay District See Section on Shoreland Managementfor setback distance from protected waters. A (R-1) Single-Family Residential (R-2) Moderate Density Residential (R-3) Medium Density Residential (R-4) High Density Residential (MU-E) Mixed Use Employment (MU-N) Mixed Use Neighborhood (MU-C) Mixed Use Community (O) Office (C) Commercial (LI) Light Industrial (I) Industrial (I-A) Assembly: Places of Worship,Schools, Libraries, Museums,Cemeteries: Assembly (I-C) Civic: City, County, and StateFacilities (I-M) Medical: Convalescent Homes,Nursing Homes, Hospitals (I-P) Parks & Natural Areas: Parks,Playgrounds, Natural Areas, GolfCourses Not Zoned Print Date: 2/16/2023Sources: Hennepin County Surveyors Office for Property Lines (2023). City of Golden Valley for all other layers. 0 800 1,600 2,400 3,200400Feet I Approved Amendments Most recent amendment: Ordinance 740 on July 19, 2022 Contact the Community Development Department at City Hall for a list of past amendments. 211 1 Community Development Department Date: February 27, 2023 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing – Preliminary Plan for 8200 Golden Valley Road and 8240 Golden Valley Drive Summary of Request Sentinel Management Company is proposing three planning actions to allow for the redevelopment of two properties bounded by Golden Valley Road, Wisconsin Avenue North, and Golden Valley Drive. They are requesting a change in the guided land use, a change in the zoning designation, and a revised plat that modifies the sizes of the two existing parcels. The proposed project would result in a 302-unit multifamily building wrapped around a 450 space parking ramp, as well as a new single-story Wells Fargo branch bank. Existing Conditions For details on the background of this subdivision request and the existing conditions of the site itself, please refer to the accompanying memo on the proposed change in guided land use. Proposal The proposed platting action would modify the existing internal property lines of the two parcels and also expand the area slightly by incorporating a portion of ROW within Golden Valley Drive that would be vacated by the City. Adjustments to accommodate a cul-de-sac at the end of Golden Valley Drive are also planned. Required Process Support from the Planning Commission and City Council for this proposal would also necessitate review and approval from the Metropolitan Council for the change in land use, requiring a brief delay in the final vote on the rezoning and subdivision. Staff have confirmed this would be an administrative review and approval by the Met Council, meaning a fairly quick turnaround. Staff Review Lot Requirements Unlike other zoning districts, the City’s Mixed Use subdistricts have no minimum lot size or lot width requirements. Therefore, the two parcels being modified meet the platting standards and 212 2 are found to be acceptable. All yard setbacks and building height limits are addressed through the zoning regulations and are evaluated at the time of site plan review. Staff worked with the applicant to reserve sufficient space for drainage and utility easements along the perimeter of the site to accommodate existing and future utilities along Golden Valley Road and Golden Valley Drive. Land along both Golden Valley Road and Wisconsin Avenue is being dedicated as right-of-way in order to provide space for future off-street bicycle and pedestrian trails. These accommodations will help the City realize the routes in its approved Bicycle and Pedestrian Plan. Additional Department Review Engineering staff have reviewed the preliminary plat and have offered the following comments: • The applicant must update the cul-de-sac design on Golden Valley Drive based on concepts and comments provide January 23, 2023. This may also require dedication of additional right- of-way to accommodate the design. • Staff need to evaluate the intersection of Golden Valley Road and Wisconsin Avenue to determine if any additional right-of-way is needed for a potential future mini-roundabout, or if any additional land must be dedicated for easements for a trail. Adjustments to the plat may be necessary. The Fire Department has reviewed the application and has no comments or concerns. Qualification Governing Approval of a Minor Platting Action According to Section 109-121 of the City’s Platting Regulations, the following govern approval of minor platting actions with staff comments related to this request: Factor/Finding 1. A minor platting action 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. The revised lots would continue to meet the standards of the Mixed Use Zoning District. Vehicular access to both lots is provided from multiple improved streets. 2. A minor platting action may be denied upon the City’s determination that a resulting new lot is encumbered by steep slopes or excessive wetness. Standard met. There are no steep slopes or excessive wetness present that would encumber the lots. 3. A minor platting action may be denied if sewer and water connections are not directly accessible by each proposed lot. 213 3 Standard met. Established sewer and water connections exist. Modifications to accommodate future redevelopment are anticipated, but would not require public investment. 4. Approval shall be conditioned on the granting of easements for necessary public purposes. Standard conditionally met. New drainage and utility easements have been proposed as a part of the preliminary plat. Final adjustments may be necessary in order to accommodate the required cul-de-sac or the future mini roundabout. These must be included on the final plat. 5. Approval may be conditioned on the requirements of outside public agencies with jurisdiction. Not applicable. 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. 7. Minor platting actions 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. Engineering staff have determined that traffic and public utility usage generated by the proposed development on the two lots can be accommodated and would not cause strain on adjacent roads or adversely affect adjacent uses. 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 6% of the land value shall be required prior to the release of the final plat. City SAC and WAC fees for proposed redevelopment will be determined in conjunction with the Metropolitan Council and included as part of any building permit fees. There are no pending or levied deferred assessments. 9. The conditions spelled out shall provide the only basis for denial of a minor platting action. Approval will be granted to any application that meets the established conditions. Standard met. Recommended Action Staff recommends approval of the proposed minor platting action subject to the following conditions: 1. The applicant shall modify the final plat to accommodate the planned cul-de-sac on Golden Valley Drive. 214 4 2. The applicant shall work with staff to evaluate if any additional mo difications to the final plat are required in order to accommodate a future mini roundabout at the intersection of Wisconsin Avenue and Golden Valley Road. 3. A park dedication fee equal to 6% of the land value shall be paid prior to the release of the final plat. 4. The City Attorney will determine if a title review is necessary prior to approval of the final plat. Attachment Preliminary Plat for Golden Valley Apartments (1 page) 215 Concrete Steps AccessAccessAccessAccessAccess Concrete SidewalkConcrete SidewalkConcrete SidewalkConcrete WalkwayConcrete SidewalkConcreteConcreteConcreteConcrete PaversPaversBituminous Parking LotBituminous Parking LotBituminousParking LotTimber FenceMonument SignATMATMTeller Box[13] Utility Easement Retained Per Doc. No. 1320097 [14] Drainage & Utility EasementRetained Per Doc. Nos.1777640, 1796846 and 1814163Abandoned 9" VSP(Per Rec)Abandoned9" VCP (PerRec)Abandoned 8"VCP (Per Rec)9" VSP9" VSP9" VSPSan. Serv.San. Serv.8" VCP8" VCP8" VCP8" VCP8" VCP12" RCP12 " R C P Wat. Serv.Wat. Serv.(Per Rec)Wat. Serv . (Per Rec) Wat. Serv. (Per Rec)Wat. Serv.BituminousParking LotBituminousParking Lot11111113691316810864208938.3145.735.64.326.917.9 3.543.1 3.618.1 24.361.8 47.95.654.14.5 12.010.5 6 . 0 75.6 3.921.619.185.09.31.79.917.3 4.29.5 6.430.9 0.426.1 0.518.3 5. 2 20.0 1 Story Brick BuildingFoundation Area = 14,009 +/- Sq. Ft.1 Story Brick BuildingFoundation Area = 7,639 +/- Sq. Ft.ColumnColumnTrash Enclosure[12b] Timber FenceTrash Enclosure[12] Gas Easement PerBook 2022 of Deeds Pg. 443PARCEL BPARCEL A[8] San. Sewer Easementper Doc. No. 5423168OverhangOverhangOverhangColumnColumnPID: 3111821140044Address: 8240 Golden Valley DrivePID: 3111821140043Address: 8200 Golden Valley RoadTimber Fence andRetaining WallMetal RailingKeystoneRetaining Wall ConcreteConcrete LandscapingTimberFence8" DIP (Per Rec)8" DIPOverhang8" DIP (Per Rec)[B] Building Appears to LieWithin Utility EasementRetaining Wall Retaining WallConcreteStepsAbandonedGas Line PerProvidedMappingAbandoned GasLine Per ProvidedMapping[9] Ingress & Egress Easement Per Doc No. 4439123 Concrete SidewalkAbandoned GasLine Per ProvidedMapping[A] Back of CurbCrosses Property LineKeystoneRetaining WallAbandoned GasLine Per ProvidedMapping12" RCPWISCONSIN AVENUE NGOLDEN VALLEY DRIVEGOLDENS89°52'44"W 190.00S00°07'16"E 485.40N70°30'30"E 84.1515.71Δ=90°00'00"R=10.00 301.59Δ=90°00'00"R=192.00150.85Δ=31°38'06"R=273.2215.45Δ=35°24'14"R=25.0020.41 Δ=89°57'46" R=13.0057.32Δ=22°38'57"R=145.00172.90Δ=3°46'26"R=2625.0035.22N77°18'02"E30.88N73°31'36"E10.56Δ=0°39'22"R=921.93CB=N71°12'37"EC=10.5614.17Δ=21°38'56"R=37.50CB=N19°06'36"EC=14.09 13.11Δ=20°02'14"R=37.50CB=S58°46'37"EC=13.0535.46N70°27'47"ES00°07'16"E11.62 N00°07'16"W 268.00 N89°50'59"E 104.18S00°09'01"E 155.69S16°48'24"E 54.9142.78Δ=65°21'34"R=37.50CB=N62°36'51"EC=40.50 N00°07'16"W 230.64 N89°52'44"E 190.00293.74Δ=90°00'00"R=187.00168.10Δ=34°37'08"R=278.2213.11Δ=20°02'14"R=37.50CB=S58°46'37"EC=13.052.77Δ=0°34'17"R=278.22BLOCK 1LOT 1LOT 2VALLEYROADDrainage & Utility Easement Drainage & Utility EasementDrainage & Utility EasementDrainage & Utility EasementDrainage & Utility EasementDrainage & Utility Easement13.38Δ=0°46'34"R=987.93CB=N70°51'04"EC=13.38Southeasterly line of Block 2VALLEY SQUARE 3RD ADDITIONSoutheasterly line of Block 2VALLEY SQUARE 3RD ADDITIONSoutheasterly line of Block 2VALLEY SQUARE 3RD ADDITIONSouthwest corner of Block 2VALLEY SQUARE 3RD ADDITIONP.O.B.GOLDEN VALLEY DRIVEWISCONSIN AVENUE N GOLDEN VALLEY ROADWidth VariesBASSETT CREEKBOULEVARDWidth VariesVICINITY MAP8200 Golden Valley Road Golden Valley, Hennepin County, Minnesota 55427 5215 Edina Industrial Boulevard, # 100, Edina, Minnesota 55439 Sentinel Management Company PROJECTPROJECT NO.: 22287.00COPYRIGHT 2023 CIVIL SITE GROUP INC.cREVISION SUMMARYDATEDESCRIPTIONV2.0PRELIMINARY PLAT............N44565RORY L. SYNSTELIENLICENSE NO.DATEI HEREBY CERTIFY THAT THIS SURVEY,PLAN, OR REPORT WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED LANDSURVEYOR UNDER THE LAWS OF THESTATE OF MINNESOTA.01-19-2023NCLIENT Civil Engineering Surveying Landscape Architecture5000 Glenwood AvenueGolden Valley, MN 55422civilsitegroup.com 612-615-0060QA/QCFIELD CREWDRAWN BYREVIEWED BYUPDATED BY.Craig J.Cody J..PRELIMINARY PLAT GENERAL NOTESPROPERTY DESCRIPTION:Parcel A:Lot 1, Block 2, Valley Square 3rd Addition, Hennepin County, Minnesota.Abstract and Torrens PropertyTorrens Property described as follows:Parcel 1:Lot 1, Block 2, Valley Square 3rd Addition, except that part thereof lying East of the West 355 feet of the Southeast Quarter of the NortheastQuarter of Section 31, Township 118, Range 21. Hennepin County, Minnesota.Parcel 2:That part of Lot1, Block 2, Valley Square 3rd Addition, which lies East of the West 355 feet of the Southeast Quarter of the of the NortheastQuarter of Section 31, Township 118, Range 21, and which lies North of the South 216.4 feet of said Quarter Quarter, except that part thereofembraced within Lot 7, Olsen Manor. Hennepin County, MinnesotaBeing registered land as is evidenced by Certificate of Title No. 1318297Parcel B:Lot 2, Block 2, Valley Square 3rd Addition, Hennepin County, Minnesota.Abstract PropertyParcel C (To be vacated Golden Valley Drive):A vacated parcel of Golden Valley Drive as originally dedicated on the plat of VALLEY SQUARE 3RD ADDITION, Hennepin County, Minnesota, whichlies southwesterly of the southeasterly line of Block 2, said plat of VALLEY SQUARE 3RD ADDITION and lies to the left of the following describedline:Commencing at the southwest corner of said Block 2, VALLEY SQUARE 3RD ADDITION; thence northeasterly along the southeasterly line ofsaid Block 2 for 10.56 feet along a non-tangential curve concave to the northwest, said curve having a radius of 921.93 feet, a central angle of 00 degrees 39 minutes 22 seconds, a chord bearing of North 71 degrees 12 minutes 37 seconds East, and a chord distance of 10.56feet to the point of beginning of the line to be described; thence South 00 degrees 07 minutes 16 seconds East for 11.62 feet; thence North70 degrees 30 minutes 30 seconds East for 84.15 feet; thence northeasterly along a non-tangential curve concave to the southeast for 14.17feet, said curve having a radius of 37.50 feet, a central angle of 21 degrees 38 minutes 56 seconds, a chord bearing of North 19 degrees 06minutes 36 seconds East, and a chord distance of 14.09 feet to said southeasterly line of Block 2; thence North 70 degrees 27 minutes 47seconds East along said southeasterly line of Block 2 for 35.46 feet; thence continue northeasterly along said southeasterly line of Block 2along a tangential curve concave to the southeast for 13.38 feet, said curve having a radius of 987.93 feet, and a central angle of 00 degrees 46 minutes 34 seconds; thence southeasterly along a non-tangential curve concave to the southwest for 13.11 feet, said curve having a radius of 37.50 feet, a central angle of 20 degrees 02 minutes 14 seconds, a chord bearing of South 58 degrees 46 minutes 37 seconds East, and a chord distance of 13.05 feet; thence North 73 degrees 31 minutes 36 seconds East for 30.88 feet; thence northeasterlyalong a tangential curve concave to the southeast for 172.90 feet, said curve having a radius of 2625.00 feet, and a central angle of 03 degrees 46 minutes 26 seconds; thence North 77 degrees 18 minutes 02 seconds East for 35.22 feet; thence northeasterly along a tangential curve concave to the northwest for 57.32 feet, said curve having a radius of 145.00 feet, a central angle of 22 degrees 38 minutes 57 seconds; thence northeasterly along a tangential curve concave to the northwest for 20.41 feet, said curve having a radiusof 13.00 feet, and a central angle of 89 degrees 57 minutes 46 seconds; thence northwesterly along a tangential curve concave to the northeast for 2.77 feet, said curve having a radius of 278.22 feet, and a central angle of 00 degrees 34 minutes 17 seconds to the said southeasterly line of Block 2 and there terminating.Please note that the description for Parcel C is proposed and the portion of Golden Valley Drive described has not been vacated at the time of thissurvey. This description is subject to change.Area of the proposed Vacated Golden Valley Drive = 3,568 sq. ft. +/- or 0.082 acres.DATE OF PREPARATION:01-19-2023APPLICANT:Sentinel Management CompanyFabrizo Montermini5215 Edina Industrial Boulevard, # 100Edina, Minnesota 55439952-314-2648Fabrizo@sentinelapts.comBENCHMARK:Elevations are based on the NGVD 29 Datum. Site Benchmark is the top nut of the fire hydrant located in the southwest quadrant of theintersection of Wisconsin Avenue North and Golden Valley Road, approximately 69 feet southwesterly from the northwest property corner of thesubject property, as shown hereon. Elevation = 916.31.EXISTING ZONING:C - CommercialPROPOSED ZONING:MU-C - Mixed Use CommunityProposed SetbacksPrimary Front - All Sides 5 feet - 10 feetAREAS:Proposed Lot 1 = 134,689 Sq. Ft. or 3.092 AcresProposed Lot 2 = 26,040 Sq. Ft. or 0.598 AcresProposed Dedicated Right of Way = 8,465 Sq. Ft. or 0.194 AcresTotal Property Area = 169,194 Sq. Ft. or 3.884 AcresFLOOD ZONE:This property is contained in Zone X (area determined to be outside the 0.2% annual chance floodplain) per Flood Insurance Rate Map,Community Panel No. 27053C0332F, effective date of November 4th, 2016.________________________________________________________Rory L. Synstelien Minnesota License No. 44565rory@civilsitegroup.comPRELIMINARY PLAT: GOLDEN VALLEY APARTMENTSOVERHEAD UTILITIESGASMAINSANITARY SEWERSTORM SEWERFIBER/COMM. LINEELECTRIC LINE (RECORD)WATERMAINELECTRIC LINEGASMAIN (RECORD)CHAINLINK FENCELINELinetype & Symbol Legend CONCRETE SURFACEPAVER SURFACEBITUMINOUS SURFACEGRAVEL/LANDSCAPE SURFACEWOODEN FENCELINEGUARDRAILWATERMAIN (RECORD)SANITARY SEWER (RECORD)STORM SEWER (RECORD)FIBER/COMM. LINE (RECORD)TELEPHONE LINE (RECORD)TELEPHONE LINESIGNSANITARY MANHOLESTORM MANHOLECABLE TV BOXTELEPHONE MANHOLEELECTRIC TRANSFORMERTELEPHONE BOXTRAFFIC SIGNALGAS METERELECTRICAL METERWATER MANHOLEWATER VALVEAIR CONDITIONERBOLLARDCATCH BASINELECTRIC MANHOLEGAS VALVEFLAG POLEHANDICAP SYMBOLFOUND IRON MONUMENTHYDRANTCAST IRON MONUMENTSET IRON MONUMENTFLARED END SECTIONPOWER POLEUTILITY MANHOLEGUY WIRECONIFEROUS TREEDECIDUOUS TREEROOF DRAINSEWER CLEAN OUTFIRE CONNECTIONWELLUTILITY VAULTPOST INDICATOR VALVEGAS MANHOLEHAND HOLEFIBER/COMM. MANHOLEMAIL BOXFUEL TANKELECTRICAL OUTLETSBSOIL BORINGLIGHT POLE8240 Golden Valley Drive60153001530SCALE IN FEET216 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 Brookins. Roll Call Commissioners present: E. Brenna, A. Brookins, S. Ginis, L. Pockl, M. Ruby, C. Segelbaum Commissioners absent: Chair Pockl Staff present: Jason Zimmerman – Planning Manager, Myles Campbell – Planner Council Liaison: Denise La Mere-Anderson 2. Land Acknowledgement 3. Approval of Agenda Staff suggested the discussion on the annual reports be moved to after the televised portion of the meeting. MOTION made by Commissioner Segelbaum, seconded by Commissioner Ruby, to approve the agenda of February 27, 2023 and move the discussion items to the untelevised portion of the meeting. MOTION CARRIED 4. Approval of Minutes Segelbaum noted a typo. MOTION made by Commissioner Ginis, seconded by Commissioner Brenna, to approve the meeting minutes of February 13, 2023. MOTION CARRIED 5. Informal Public Hearing – for 8200 Golden Valley Road and 8240 Golden Valley Drive a. Future Land Use Map Amendment b. Zoning Map Amendment c. Preliminary Plat Applicant: Sentinel Management Company February 27, 2023 – 6:30 pm Council Chambers Hybrid 217 City of Golden Valley Planning Commission Regular Meeting February 27, 2023 – 6:30 pm 2 Jason Zimmerman, Planning Manager, started by noting the three items that are a part of this request and although it’s one item, there will be three votes. Zimmerman noted the location of the site within the City, the zoning, property size, and parking regulations. The proposal is a 2-phase redevelopment: • Phase 1 – demolish office building and construct a new, smaller, bank building • Phase 2 – relocate bank operations, demo old bank building, construct new multifamily building The proposed Wells Fargo building will be one story, 23 parking spots, and 2 drive through lanes. The proposed multi-family building will have 302 units in a 5-6 story building. Staff displayed images from the applicant. Changes in the land use and zoning will trigger the Mixed-Income Housing Policy. This project will set aside at least 46 units (a mix of studio, 1-bedroom, and 2-bedroom) affordable at 60% AMI for 20 years. Affordable units will be mixed throughout the building and indistinguishable from the market rate units. Future Land Use Map Amendment • The zoning will change from neighborhood mixed use to community mixed use. • The downtown traffic study in 2022 confirmed the ability for the intersection to largely maintain the level of service with the existing infrastructure. • The land use change creates a complete community by supporting the downtown area and incorporates new mixed zoning. • This will support opportunities for multi-modal transportation. • This will increase housing affordability. Zoning Map Amendment • The zoning will change from commercial to community mixed use. • No specific standards within the City Code to evaluate. • The downtown traffic study in 2022 confirmed the ability for the intersection to largely maintain the level of service with the existing infrastructure. • There are a variety of zoning designations around the site, this is consistent with other Community Mixed Use sites. • There are reduced setback and height regulations to allow buildings to be located closer to the street and enhance the pedestrian environment. Modification of Plat • Interior property lines will be adjusted to fit the proposed buildings. 218 City of Golden Valley Planning Commission Regular Meeting February 27, 2023 – 6:30 pm 3 • Dedication of land along Golden Valley Road and Wisconsin Ave for future off-street trail construction. • Incorporation of a ROW portion within Golden Valley Drive would be vacated by the City. • Dedication of ROW within Golden Valley Drive to accommodate a new cul-de-sac. Staff Review Lot Requirements • No minimum lot size or lot width requirements in the Mixed-Use zoning district • Yard setbacks and building height limits addressed through zoning at the time of plan review • Sufficient space for drainage and utility easements reserved along the site perimeter for existing and future utilities • Engineering staff provided two comments: o The applicant must update the cul-de-sac design on Golden Valley Drive based on concepts and comments provide January 23, 2023. This may also require dedication of additional right-of-way to accommodate the design. o Staff need to evaluate the intersection of Golden Valley Road and Wisconsin Avenue to determine if any additional right-of-way is needed for a potential future mini- roundabout, or if any additional land must be dedicated for easements for a trail. Adjustments to the plat may be necessary. • No comments or concerns from Fire Staff reviewed the Factors and Findings that Govern Approval. All 9 standards were met, conditionally met, or otherwise not applicable. Staff noted public comment received prior to this meeting. • 2 submitted via the Golden Valley Speaks web page o Both opposed • 8 emails received by staff o All opposed • 2 phone conversations o Mostly questions about proposal and process The general themes of inquiries and concerns were: traffic, parking, privacy, theft, sunlight, height, home values, and loss of green space. The general themes of questions revolved around: • Can this be a true “mixed use” development (ie, within the building)? • Is additional height to make the project work appropriate given the impacts? • Could other uses (grocery store, restaurants) be included? • Why can’t the existing Wells Fargo building be saved/reused? 219 City of Golden Valley Planning Commission Regular Meeting February 27, 2023 – 6:30 pm 4 Recommended Action Staff recommends approval of the requested amendment to the Future Land Use Map, changing the guided land use for 8200 Golden Valley Road and 8240 Golden Valley Drive from Neighborhood Mixed Use to Community Mixed Use. Staff recommends approval of the requested amendment to the Zoning Map, changing the zoning for 8200 Golden Valley Road and 8240 Golden Valley Drive from Commercial to Community Mixed Use (MU-C). Staff recommends approval of the proposed minor platting action, subject to the following conditions: 1. The applicant shall modify the final plat to accommodate the planned cul-de-sac on Golden Valley Drive. 2. The applicant shall work with staff to evaluate if any additional modifications to the final plat are required in order to accommodate a future mini roundabout at the intersection of Wisconsin Avenue and Golden Valley Road. 3. A park dedication fee equal to 6% of the land value shall be paid prior to the release of the final plat. 4. The City Attorney will determine if a title review is necessary prior to approval of the final plat. Commissioner Ruby asked if the City has requirements for understanding the impact on other areas from the extra shade produced by new buildings. Staff responded that the City doesn’t require a shade percentage but felt it was helpful for the applicant to provide shade data at the start of this process. Commissioner Brenna asked what the height difference is for commercial and community mixed-use. Staff responded that the former is two stories and the latter is six. The applicant limited one side of the building to five stories due to the potential impact of shading. Brenna discussed the pervious and impervious area limits and staff noted that there are fewer pervious surface requirements in a Community Mixed -Use than the Neighborhood Mixed-Use. Commissioner Ginis noted community input leaned towards a desire for other retail amenities. She added she’d like to ask the applicant why this development didn’t include those options. Staff noted that Mixed-Use Zoning requires first floors to be taller so they can be flipped to commercial uses in the future. Ginis noted the greenspace being added and asked about its proximity to the co mmercial area versus the residential area. Commissioner Segelbaum asked staff if there was a time limit so the applicant needs to complete the project in a certain amount of time. Staff noted the time limit on building permits and deadlines listed in a potential development agreement. Segelbaum noted the project before them isn’t the project that has to be built, the group is only voting on the zoning changes. Staff added that there will be a site plan review presented to Planning Commission in the future. 220 City of Golden Valley Planning Commission Regular Meeting February 27, 2023 – 6:30 pm 5 Commissioner Ruby asked about the affordable units as part of this project and staff noted the City’s Housing and Development Manager is working closely with the applicant on this project. They continued to discuss the future of affordable housing, policies, and HRA approval of an affordable housing plan. The group discussed setbacks, primary entrances, secondary entrances, and parking. Chair Brookins invited the applicant to speak Fabrizio Montermini: Sentinel Management Company, Applicant presented their project and jumped in to address questions. The applicant started the conversation for this development in 2021 and they also met with numerous grocers and there were a few concerns: visibility, surface parking requirements, and Wells Fargo needing their site so they can maintain operations. Applicant continued with other ideas for future development ideas for community spaces. Burt Coffin, applicant architect, noted the p roposed project meets both the 2024 Comp Plan and the 2021 Downtown Redevelopment Framework Plan. He noted the landscaping, parking, bike parking, the residential courtyard, and stormwater plans. Commissioner Ginis asked the applicant to discuss their plan to filter and control the rate of the stormwater runoff because it’s often an overlooked benefit to the community. The applicant noted there will be underground tanks and infiltration, additionally there will not be underground floors which makes this easier. The goal is to collect all stormwater runoff from the site and not allow it to run off onto neighboring areas or to flood the streets. The conversation continued on about the building plans, size of the units, common areas, demographic goals, EV charging stations, and the current plan compared to what is already built in the City. Chair Brookins opened the public forum at 7:08pm. Chair Brookins noted the comments received via Golden Valley Speaks and are on record. Ron Quanbeck 7930 Golden Valley Road Regarding the land use and guiding and zoning, I have lived here less than a year. I think the neighborhood guiding is more appropriate and fits the neighboring properties. The zoning will go with the property, regardless of the development. If this projec t doesn’t happen, another could come and would meet the zoning regulation. Reduction in parking can negatively impact the residents but also the surrounding properties, I’m not in favor of reducing parking. I support RJ’s recommendation that the ROW dedication for the round about occur. Regarding this particular proposal, the driveway location for the parking ramp is on the curve on Golden Valley Road, the visibility is limited. Janet Frisch 221 City of Golden Valley Planning Commission Regular Meeting February 27, 2023 – 6:30 pm 6 7930 Golden Valley Road I’m an original owner, I’ve been living in this unit for 21 years. My concerns are with the road. Staff mentioned the speed issue, and I am wondering where the applicant’s suggested expansion of the road will occur. When we exit from Wesley Commons to Golden Valley Road we have limited visibilit y around the curve. We were told our condo insurance rates are higher due to the rate of risk with that curve and decrease in visibility. I would like that to be considered as the plans are drawn up and changes are made. Kathy Waldhauser 3220 Orchard I favor the change in Land Use, I agree with original goals of the Comp Plan, and the details of this proposal will be worked on. Hopefully concerns can be addressed. I’m disappointed in how the site plan revolves around Wells Fargo. I understand negotiations had to occur but I’m disappointed the bank isn’t inside another building and is instead a free-standing building. I’m pleased this project will support mixed income housing goals. Ruth Paradise 8515 Duluth Street I support the change in zoning, I think the applicant’s proposal gives us a good idea of what can be done. I like the units of affordable housing and I like the retail and servicing options. My son lives in Vancouver and his Costco only has underground parking. I thought for a grocery store underground parking is good but not if it’s an infiltration problem. Change and transition is hard, a lot of work; lots of planning and community involvement went into both the Comp Plan and the Downtown Redevelopment Plan. Laurie Levin 240 Brunswick I support the discussion this evening, all three points. Change is hard but Golden Valley is changing for the future and provide more opportunities for folks to live in our City. I’m sure when design elements are discussed you’ll take neighboring input. Alicia Dybvig 7930 Golden Valley Road This spot is ripe for development so I think the location is right. Changing the zoning makes sense but I’m more in favor of Neighborhood Mixed use instead of Community. The latter seems to have more focus on the Mixed-Use and I’m wondering if Neighborhood Mixed -Use is better for that site. I also think the affordable housing is great. Jennifer Nyberg 8028 Golden Valley Road We are behind the shadows and for the purpose of our house we are against it, my concerns are filed. My son wanted to speak: The shadow will stop all of our plants, our trees, its already icy but the 222 City of Golden Valley Planning Commission Regular Meeting February 27, 2023 – 6:30 pm 7 shadow will make it worse. Traffic is hectic, it’s loud at night, there isn’t a lot of parking but this will make it more hectic. There were no more in person commenters. Chair Brookins invited remote callers to speak at 7:53pm. Ilze Berzins 8214 Golden Valley Road I agree this area should be redeveloped but I don’t think it needs to be this large. My understanding is that there’s a proposal for an apartment on 55 and Winnetka, is that happening? There are apartments to the west on 55 and what are those occupancy rates? My wish is that the building be 4 stories high. I didn’t understand the setback comments that if the building is closer to the sidewalk it’s more amenable to pedestrians. Chair Brookins closed the public comment portion at 8:00pm. Staff addressed questions. • The ROW expansion plan is not to move curbs, but acquire ROW on the Wells Fargo side so in the future there can be a bike trail. We don’t plan to modify the width of the road. • There isn’t a difference between the encouragement of the mixed uses between Ne ighborhood or Community Mixed Uses. • The only place during the 2022 traffic study where a round about was considered was at Wisconsin and Golden Valley Road. Staff would need to review the entire study to see if more are proposed. Ruby asked how residents can reach out to City staff to discuss traffic safety on the road. Staff mentioned Engineering has a Traffic Safety Committee and residents can get in touch with Planning Staff who will forward them on or they can reach out to Engineering. • The ramp exit on Golden Valley Road is a hard requirement from Engineering so it lines up with Bassett Creek Boulevard exit so intersections aren’t offset. Angles may be further addressed as well as vegetation options. • Regarding the Harold Winnetka rezoning, there are no proposals at the moment. The zoning change hasn’t been approved by council yet and there are no proposals now. • Regarding Hello and the Flourish, the former is a multi-family building but it filled up right away. The Flourish is a senior building that opened during Covid and they now met occupancy level. Our Comp Plan confirms we still need housing, senior housing, and affordable housing. • Buildings next to the curb feels tight but usually if there’s a parking lot distance between the sidewalk and the building, that impacts pedestrian accessibility. Mixed-Use attempts to right size that setback, 10-15ft from the curb. Commissioner Ginis stated being in favor of staff recommendations and there being opportunities later for tweaking details as they relate to resident comments on shadows and traffic. Thinking about 223 City of Golden Valley Planning Commission Regular Meeting February 27, 2023 – 6:30 pm 8 the Comp Plan and the Downtown Plan, the efforts in this site make the most sense. The increase in density will continue to strengthen downtown options and amenities. It’s really important to connect the bike lane from Luce Line to this area. This site is also connected to multiple main bus routes and density in this area will support long term transit. Commissioner Brenna echoed what Ginis said and reiterated the goals in both the Comp Plan and the Downtown Plan. The change in zoning allows the lot to reduce the amount of pavement by 20% and that’s huge. The stormwater improvements as suggested by the applicant are huge. Commissioner Ruby echoed the previous two comments but added he questions the size of the lot for Wells Fargo. Community safety around traffic and traffic speed is important and we need to factor those concerns in. Additionally, the amount of shading is a concern and I appr eciate the developer wanting to work with the community. Commissioner Segelbaum added he’s in favor and stated that there could be many options for this site by right but that the applicant is the builder and the manager is huge. Their investment is long term and that’s desirable. The plans have room for discussion and I look forward to them. Community concerns on safety and traffic are important and we have a Council Member here who heard them as well. Chair Brookins noted that when he looks at what could be built by right, he initially didn’t think the area was a good fit. This project however considers a lot of factors, reduced what’s allowed in height, and fits with the recommendation for the Downtown Study. Looking at what could be there, this is a great alternative but I do have concerns for what is generally allowed in case this project falls through. Can we tie the rezoning to the plan? Staff responded that any proposal has to go through engineering, traffic has to work, zoning setbacks are in place, stormwater has to work, there are checkpoints that need to be evaluated regardless. Even this site plan will come back before this body for review. MOTION made by Commissioner Ruby, seconded by Commissioner Ginis, to recommend approval of the requested amendment to the Future Land Use Map, changing the guided land use for 8200 Golden Valley Road and 8240 Golden Valley Drive from Neighborhood Mixed Use to Community Mixed Use. MOTION CARRIED MOTION made by Commissioner Ruby, seconded by Commissioner Brenna, to recommend approval of the requested amendment to the Zoning Map, changing the zoning for 8200 Golden Valley Road and 8240 Golden Valley Drive from Commercial to Community Mixed Use (MU-C). MOTION CARRIED MOTION made by Commissioner Ruby, seconded by Commissioner Ginis, to recommend of the proposed minor platting action, subject to the following conditions: 1. The applicant shall modify the final plat to accommodate the planned cul-de-sac on Golden Valley Drive. 224 City of Golden Valley Planning Commission Regular Meeting February 27, 2023 – 6:30 pm 9 2. The applicant shall work with staff to evaluate if any additional modifications to the final plat are required in order to accommodate a future mini roundabout at the intersection of Wisconsin Avenue and Golden Valley Road. 3. A park dedication fee equal to 6% of the land value shall be paid prior to the release of the final plat. 4. The City Attorney will determine if a title review is necessary prior to approval of the final plat. Discussion: Commissioner Segelbaum asked if a 5th condition could be added connecting it to the site plan. Staff responded that tying a plan to property lines can’t occur. MOTION CARRIED – End of Televised Portion of Meeting – 6. Planning Commission 2022 Annual Report and 2023 Work Plan 7. Board of Zoning Appeals 2022 Annual Report 8. Council Liaison Report 9. Other Business 10. Adjournment MOTION by Commissioner Ruby to adjourn, seconded by Commissioner Segelbaum and approved unanimously. Meeting adjourned at 9:01pm. ________________________________ ________________________________ Secretary, Sofia Ginis Amie Kolesar, Planning Assistant 225 RESOLUTION NO. 23-016 RESOLUTION FOR AMENDMENT TO THE FUTURE LAND USE MAP DESIGNATING 8200 GOLDEN VALLEY ROAD AND 8240 GOLDEN VALLEY DRIVE AS COMMUNITY MIXED USE WHEREAS, the City Council has met at the time and place specified in a notice duly published with respect to the subject matter hereof and has heard all interested persons, and it appearing in the interest of the public that the Future Land Use Map as heretofore adopted and enacted by the City of Golden Valley be amended; and WHEREAS, the area affected will be legally described as follows: Lot 1, Block 2, Valley Square 3rd Addition, Hennepin County, Minnesota. Abstract and Torrens Property Torrens Property described as follows: Parcel 1: Lot 1, Block 2, Valley Square 3rd Addition, except that part thereof lying East of the West 355 feet of the Southeast Quarter of the Northeast Quarter of Section 31, Township 118, Range 21. Hennepin County, Minnesota. Parcel 2: That part of Lot 1, Block 2, Valley Square 3rd Addition, which lies East of the West 355 feet of the Southeast Quarter of the Northeast Quarter of Section 31, Township 118, Range 21, and which lies North of the South 216.4 feet of said Quarter Quarter, except that part thereof embraced within Lot 7, Olsen Manor. Hennepin County, Minnesota. Lot 2, Block 2, Valley Square 3rd Addition, Hennepin County, Minnesota. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that pursuant to the provision of Sec. 113-28 of the City Code for the City of Golden Valley, and subject to review and approval by the Metropolitan Council for conformity with regional systems plan as provided in state law, the Future Land Use Map for the City of Golden Valley is hereby amended by designating 8200 Golden Valley Road and 8240 Golden Valley Drive as Community Mixed Use. Adopted by the City Council this 21stday of March, 2023. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 226 ORDINANCE NO. 760 AN ORDINANCE AMENDING THE CITY CODE CHAPTER 113 Amending the Zoning Map and Rezoning Properties at 8200 Golden Valley Road and 8240 Golden Valley Drive Sentinel Management Company, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code chapter 113 entitled “Zoning” is amended in Section 113-55 Subd. (b) by changing the zoning designation of the properties at 8200 Golden Valley Road and 8240 Golden Valley Drive from Commercial to Community Mixed Use (MU-C). Section 2. The tracts of land affected by this ordinance are legally described as: Lot 1, Block 2, Valley Square 3rd Addition, Hennepin County, Minnesota. Abstract and Torrens Property Torrens Property described as follows: Parcel 1: Lot 1, Block 2, Valley Square 3rd Addition, except that part thereof lying East of the West 355 feet of the Southeast Quarter of the Northeast Quarter of Section 31, Township 118, Range 21. Hennepin County, Minnesota. Parcel 2: That part of Lot 1, Block 2, Valley Square 3rd Addition, which lies East of the West 355 feet of the Southeast Quarter of the Northeast Quarter of Section 31, Township 118, Range 21, and which lies North of the South 216.4 feet of said Quarter Quarter, except that part thereof embraced within Lot 7, Olsen Manor. Hennepin County, Minnesota. Lot 2, Block 2, Valley Square 3rd Addition, Hennepin County, Minnesota. Section 3. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8 entitled “General Penalty; Continuing Violations” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect form and after its passage and publication as required by law. Adopted by the City Council this 21st day of March, 2023. /s/ Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Theresa J. Schyma Theresa J. Schyma, City Clerk 227 Golden Valley Speaks Published Comments for February 27, 2023 Planning Commission Meeting Land Use, Zoning, Replat - 8200 GV Road & 8240 GV Drive Ilze Berzins ∙ Feb 26, 2023 ∙ 4:37pm I did comment earlier in the week but don't see it listed. So, just wanted to state that while I definitely think there needs to be changes made to the area along 8200-8240 Golden Valley Drive, I would like to see the apartment buildbing be one level less and also move them back a bit more from the road. The design presented is following what I am seeing throughout the city and in my opinion creates a cramped, overbearing result. Also, are that many units needed? What is the occupancy rate of the two newer buildings built near Hwys 169 and 55. Address: 8214 Golden Valley Rd, Golden Valley, 55427 Jennifer Nyberg ∙ Feb 26, 2023 ∙ 1:08pm I live in the Wesley Commons townhomes on Golden Valley Road. I am greatly opposed to this development for the following reasons: • This would bring 300-600 new cars on Golden Valley road, which it will not be able to support. Cars drive too fast on this road as it is. I work from home and hear car honks throughout the day. • Safety concerns • Privacy concerns. New apartments would look directly into the townhomes. • Theft concerns. We’ve been seeing an increase in porch pirates and theft from the garages. • Apartment complex would block the sunlight from the townhomes • It will be similar to the Hello complex in height which is not characteristic of this area • Parking is already very limited. The proposed complex only has 457 underneath spaces and 28 on the surface lot. It will add to the congestion. • Concern for my home value • Loss of green space Please don't overburden this area with increased residents and traffic. Space seems better fit for a small grocery store or co-op which is one thing we are missing in Golden Valley. Address: 8028 Golden Valley Rd Golden Valley, 55427-4405 228 Public Comments received via Email 8200 Golden Valley Road and 8240 Golden Valley Drive Date: Sat 2/25/2023 6:02 PM From: Jennifer Nyberg Subject: Sentinel Wells Fargo Apartment Complex Concerns Mr. Mayor, City Planner and City Council Members, I live in the Wesley Commons townhomes on Golden Valley Road with my two children and just received notice of the proposed 300+ apartment complex. I am greatly opposed to this development for the following reasons: • This would bring 300-600 new cars on Golden Valley road, which it will not be able to support. Cars drive too fast on this road as it is. I work from home and hear car honks throughout the day. • Safety concerns • Privacy concerns. New apartments would look directly into the townhomes. • Theft concerns. We’ve been seeing an increase in porch pirates and theft from the garages. • Apartment complex would block the sunlight from the townhomes • It will be similar to the Hello complex which is not characteristic of this area • Parking is already very limited. The proposed complex only has 457 underneath spaces and 28 on the surface lot. It will add to the congestion. • Kids play in the Wells Fargo parking lot after hours with bikes and scooters • Concern for my home value • Loss of green space Is there anything else I can do to express my objection to this development? I will try to attend the City Council meeting on Monday. I have the same concerns for the proposal at 55 and Winnetka, but the Sentinel complex has direct impact to my family. Please reject this development proposal. Jennifer Nyberg mobile: XXX.XXX.XXXX address: 8028 Golden Valley Rd email: XXXXX Date: Sun 2/26/2023 1:20 PM From: Christine Guenther Subject: Sentinel Wells Fargo Apartment development concerns Mr. Mayor, City Planner and City Council Members, I live in the Wesley Commons townhomes on Golden Valley Road , directly across from the current Wells Fargo building and I just received notice of the proposed 300+ apartment complex. 229 Before I voice some of my concerns, I want to put in a heartfelt plea for you to not approve this development proposal. When I moved to Golden Valley, I had just moved from Boston. Two major reasons for my move back to Minnesota were to be closer to family and to finally buy my own place, which as a single income earner would not have been possible in Boston. I was thrilled when I saw the Wesley Commons development and immediately came to tour the "Boston" model, I signed my purchase agreement about a day later! I was so excited, grateful and felt fortunate to be able to live in such a safe community where neighbors are friendly and crime was low. I would love to be able to call Golden Valley my home for the next 20 years but I no longer see that in my future if this development is approved. I am greatly opposed to this development for the following reasons: Safety, noise and traffic concerns: I do currently experience a lot of fast cars going by, especially during the day when the bank is open and I see near miss accidents on a daily basis as I work from home and my desk faces the entrance to Wells Fargo. This proposed development would add at least 300 -500 more cars with all of the potential units that are planned. Crime and theft concerns: we are already seeing an increase in petty theft, and I am worried that with more people, more rentals, this will continue to increase Privacy concerns. New apartments would look directly into the townhomes. I can already see into the Wells Fargo bank, which isn't a problem on nights and weekends because it is closed, however, with a tall building, I am concerned that I will no longer be able to keep my windows or shades open even during the day. Is there anything else I can do to express my objection to this development? I will be attending the two upcoming City Council meetings so I can learn as much as I can about this proposed development. Regards, Christine Guenther Date: 2/27/2023 9:43 AM From: Jennifer Valorose Subject: Oppose development at 8200-8240 Golden Valley Drive Hi Mr. Zimmerman, I wanted to express my concerns about the proposed zoning changes and redevelopment to 8200-8240 Golden Valley Drive. My primary concerns are: • Increased traffic on Golden Valley road; and • Impact on current residents of Wesley Commons (reduced privacy, blocking sunlight, reduced parking, and reduced home values). Of note, these residents moved or bought their homes in that area under the current zoning. 230 I urge the Planning Committee and City Council to reconsider this proposal. Thank you, Jennifer Valorose 11 Hanley Rd. Date: 2/27/2023 1:39 PM From: Marcia Anderson Subject: Planning Commission Hearing on Rezoning 2-27-23 Mr. Zimmerman: I have just learned about the informal hearing tonight by the Planning Commission on the rezoning proposal, etc. for 8200 Golden Valley Road and 8240 Golden Valley Drive. Apparently the online comment period is already closed, but I request that the following be distributed to the Commission members and added to the public comments for the hearing, please. As a long-time Golden Valley resident of more than 30 years, I have followed the discussions about our evolving planning for the downtown area, and I support the principles in the Comprehensive Plan 2040, and the recent downtown study. I think the proposed zoning change to Neighborhood and Community Mixed Use makes sense in principle for the parcels in this location. The location in the “downtown” area makes sense for mixed use, and it is also an excellent location for moderate/medium density housing, particularly with a portion of units reserved for at least some level of affordable housing. It seems clear from the plans that staff and the prospective developer have worked diligently to create a design that balances inclusion of a fairly high-level of units and parking in a way that is outwardly mostly attractive to view. I have a couple of issues, however, both reinforced by staff’s caution to the commission that once any rezoning occurs, there is subsequently less opportunity to shape the resulting “permitted” development. The issues I see are: 1) My read of the principles and goals of the Comp and Zoning Plans for Neighborhood and Community Mixed Use is that the intention is to foster a MIX of community-oriented, community-access uses, NOT specifically a single use (though that is allowed). I think this intention is most appropriately for development that includes BOTH residential AND retail/commercial/institutional functions—such as a residential building with retail on the ground floor, for example. That would improve the proposed development tremendously, to better fit the proposed rezoning envisioned. Was there discussion of more uses incorporated than simply a separate parcel for a bank branch that only serves its own patrons? Even the addition of a coffee shop, or other community-oriented/community-service uses would better justify the “mixed use” rezoning. Otherwise, it appears that the rezoning is simply to permit a higher-density development to improve profitability. Where is the “community” benefit, other than adding housing? 2) The building height allowed by this rezoning, again, makes the project more financially feasible, but that is not supposed to be the criteria for this city rezoning. The rezoning should also not adversely affect adjacent properties, and should “integrate” with the surrounding “neighborhood.” This particular project design has made efforts to shield the parking ramp, but changing the zoning will allow the mass of a five and six-story building to dwarf surrounding residential and commercial properties, again, 231 contradicting the goals of the overall zoning plan to include buffers and to complement adjacent uses. In addition, the townhomes to the north will actually be shadowed for part of the day by the buildings at that height, in winter, which is not compatible. Were step-backs in height considered on the north, west and east where shadows would be otherwise created? Is there anything in city procedure/regulations that would allow the city to later ask for reconsideration of the design in this respect, if rezoning is approved by the commission/council? This is a concern that extends to all rezoning proposals, of course. Overall, I would like to see rezoning only when the “spirit” of the change matches the “spirit” and intent envisioned by the Comp Plan and the Zoning Plans. Otherwise, the city has little opportunity to shape evolving development to its own well-considered planning guidelines. As staff notes, once the rezoning occurs, there is less opportunity to shape developer implementation of the new zone, within the technical/legal limits. I would welcome your response with any further information, or comment from members of the Planning Commission. Thank you for considering my citizen input! -Marcia Anderson 130 Edgewood Ave. N. Golden Valley, MN 55427 XXX-XXX-XXXX Date: 2/27/2023 2:06 PM From: Kathy Hara Subject: Building complex on Wells Fargo site I am emailing you to voice my opposition to the proposed site for the apartment complex. I am a homeowner in Wesley Commons. Kathy Hara Date: 2/27/2023 2:10 PM From: Anne Ballard Subject: Golden Valley Apartment Complex – Wells Fargo Location Hi, I am a Golden Valley single family property owner and am concerned about the volume of apartment units the city is proposing especially without any plans to increase infrastructure/retail space. If you’re going to add additional apartment buildings please add grocery stores, restaurants and other similar services. Thanks, Anne Ballard 8830 Medley Lane N Golden Valley 232 Date: 2/27/2023 2:16 PM From: Stephen Dent Subject: Aproposed apartments at he Wells Fargo site Hello, For the record I am totally against nearly 300+ apartment building on the Wells Fargo site. Why does Golden Valley leadership always turn to building apartment house when the city lacks so many other amenities. That beautiful mid-century modern building could easily be a arts and performance center. A high end restaurant or a food court. An indoor pool. It could be turned into so many things that this city is lacking, but one thing for sure, we are not lacking tacky 7 story apartment houses. I also wonder, who’s getting rich off these projects? Stephen M. Dent 5929 Saint Croix Ave N Golden Valley, MN 55422 XXX-XXX-XXXX Date: 2/27/2023 2:48 PM From: Call Delphine Subject: Apartments on wells Fargo site. Please vote no! Traffic, visuals for townhouses, congestion. NOT THE PLACE FOR THIS. 233 Public Comments received via Email for City Council Date: 2/27/2023 7:04 PM From: Peter and Noelle Souhleris Subject: Wells Fargo site Lived in East golden Valleyoff and on for 63 years. The local business s could use the revenue from more citizen/patrons BUT— I believe the height and footprint is too large. There should be more green areas, not just sidewalks and streets. That type of structure is another nail in the coffin that will continue to have Golden Valley lose its small town feel. I would suggest looking at Robbinsdale or Hopkins where They’ve mixed new and old structures and a variety of of businesses along with housing. Noelle Souhleris Date: Tue 2/28/2023 9:22 AM From: Kathy Maxwell Subject: condo building Please don’t build a 300 plus unit. Golden Valley does not need another condo. Too much building already. You are starting to take away the uniqueness of this town. Just stop. Kathy Date: Tue 2/28/2023 1:39 PM From: André Trawick Subject: Land Use, Zoning, Replat - 8200 GV Road & 8240 GV Drive Hello, I'm Andre' Trawick and I am a resident of Golden Valley, residing in the Hampshire Park neighborhood. I'm writing to you today regarding the rezoning of 8200 GV Rd and 8240 GV Drive. You may remember me from a previous statement on the Harold and Winnetka project. Some of what I said may sound copy/pasted from previous comments, but I do have new input given I now understand we have so many developments under review or construction. In summary, I am in full support of re-zoning of underutilized land to increase the housing availability in Golden Valley. Given the proximity to Golden Valley's downtown it would be a real boon to the city to have multifamily properties go in that area. My general attitude about development is unchanged from my previous comments- I'm for building apartments and re-zoning. I will say that given we now have two proposed and one underway off of Douglas and hwy 55, I will say I have something additional to add to comments I've already made: We need more accessible food in the area if we're going to have more people living around the Winnetka and Hwy 55 area. I know you don't have control over what developers choose to build, but 234 honestly the market will be demanding a small or medium sized grocery store. I'm not talking about a HyVee or even a Cub Foods, but something that is accessible for fresh fruits, vegetables, meats, and a bakery. Please attempt to use your clout and resources to influence the property developer to build a grocer instead of a bank branch, or to at least allow some space be allocated for a small grocer. I also ask that we be mindful of how we plan such that property taxes of current residents are not severely impacted. We've been watching our property taxes go up, so we need to make sure ALL new units are generating income for the city in a sustainable manner and don't place a new, undue burden on existing residents. The only way to keep rents affordable for all Minnesotans is to build more housing. I welcome the new residents that would move into those properties, and welcome the additional density near our downtown area. I feel that any issues regarding walkability can be resolved with careful planning. Concerns regarding increased density causing the neighborhoods to "lose character" are unfounded. Many American cultural and economic touchstones have come from people that reside in high density urban areas. Having gathering areas for people builds community. Cultural activity increases with density. Given some of the rhetoric I've been reading online, it's very clear people are worried about the type of culture that will pop up. Frankly, it's none of their business unless they move into the buildings that are put up in the area under question. If one is concerned about increasing density in general, then they can't expect economic growth in Golden Valley. If an area isn't growing, then its shrinking. There is no "steady state" in any economy. Thank you for taking the time to read my letter concerning the re-zoning debate, and I hope we can find ways to allow more people to live in our wonderful city. Kind Regards, Andre' Date: Wed 3/1/2023 9:40 PM From: Jennifer Nyberg Subject: Sentinel Wells Fargo Apartment Complex Concerns Hello, I just wanted to send a follow up email. Since the planning committee approved the 3 motions, what are the next steps? Does the city council vote as well? When is the decision made on the development itself? Regarding the development, my concern isn’t for the rezoning but rather the size of the Sentinel development. The industrial area behind Basset Creek would be a much better site for a building this large while still offering easy access to bike trails and bus routes. I wanted to add some additional concerns 235 • School bus stops. I have an elementary and middle schooler on different Hopkins bus routes and 50% of the time cars do not stop when the bus lights are flashing. The bus will honk, but cars ignore and speed by. My daughter’s bus is supposed to pick up kids across the street, but now drives through Wesley Commons (private road) to pick up instead so they didn’t have to cross GV road. Additional traffic would further impact safety. • Loss of “green” space. My point was laughed at during the meeting, but yes the concrete lot is not technically green space, but from my home I can see the golf course, trees, fireworks from Brookview and around the entire curve of the block to Wisconsin Ave. Instead I would be looking at the back of 6-story wall that would wrap around the entire block. Even though I’d get some direct sun in the summer months, I won’t be able to see much of the sky or empty space year round. • Ice dam/Roof damage. I currently have southern-facing exposure. A 6-story wall would create ice dams and increase the already slippery sidewalks, similar to the northern-facing buildings that have these issues. I’m proud to be able to afford to live in Golden Valley as a single parent, even if it’s just a townhome, but am heartbroken about the impact of this development to my property value and hate this is the first time I’ve ever thought about moving. My grandparents raised my dad in Golden Valley and I’ve been proud to raise my kids here. Attaching some pictures from my current first-floor view. This is the view I bought when I purchased my home almost 12 years ago. I’d encourage you to walk the block and see firsthand how big this development would be. I’d love to welcome anyone to my home personally to get an idea of what a 6 - story building would look like for the Wesley Commons residents. I hope you agree there are better mixed-use options for this site. Respectfully, Jennifer Jennifer Nyberg address: 8028 Golden Valley Rd (photos attached) Date: Sun 3/5/2023 11:03 AM From: Mike Dietrich Subject: wells fargo site While I dont disagree with something new being on this site a structure of this size is ridiculous. I live at 8220 GV RD and the traffic here if terrible already. adding 600 more cars per day will be a disaster. Nobody stops at the 4 way stop as it is and adding a round about is going to be a joke. Commercial truck traffic on Wisconsin avenue is very heavy and a round about wont work well for them. The height of this building will block sun and take away any views the townhouses currently have. 236 I would assume that it will take a couple of years to construct the entire project so the neighbors will be listening to a ton of noise and equipment everyday. I believe something similar to the townhouses would make a much better fit or at least nothing taller than 3 stories. Why do we need more rental space no one can afford. Mike Dietrich Date: Tue 3/7/2023 4:24 PM From: Jackie Johnson Subject: Apartments in Wells Fargo spot I am adamantly against any more apartments in Golden Valley. We have an abundance now. It’s seems that our city officials have an agenda & it doesn’t matter what the tax payers want. Date: 3/10/2023 12:14 PM From: Mukul Nautiyal Subject: Opposition to Proposed Rental Development – Wells Fargo site I am writing to express my strong opposition to the proposed rental development that has been proposed on the Wells Fardo site for our community. As a long-time resident of this area, I am deeply concerned about the negative impact that this development will have on our neighborhood. Firstly, I am worried about the increased traffic that this development will bring. The proposed rental development will increasing traffic on our already congested streets. In addition, I can't entirely agree with the four-way stop being able to handle the current traffic independently. I have witnessed multiple collisions in front of Wells Fargo, and the increased traffic will make it even worse for our current residents. In addition, many elderly citizens can't walk with the new construction, adding extra pressure on the current system. This will make it harder for residents to get around and pose safety risks for pedestrians and cyclists. Secondly, I am concerned about this development's strain on our already overburdened public services. More residents will mean more demand for services such as schools, healthcare facilities, and emergency services. Our community is already struggling to provide these services to our current residents, and this development will only exacerbate the situation. Finally, this rental development needs to be in keeping with the character of our neighborhood. The proposed development is extensive and out of scale with the surrounding buildings. It will be an eyesore and detract from the character and charm of our community. The blockage of sunlight and noise pollution during and after post-development should be considered. I am a strong proponent of organic growth in our communities, but something this drastic is not beneficial. I would also like to see whether racial equality analysis was conducted for this project. During December, we need sunlight, and the shading clearly shows the lack of sun due to building shade. Another aspect of all the analysis done was during the Pandemic, which does not reflect the actual population and traffic. I urge you to reconsider the proposed rental development and listen to the concerns of the residents of this area. I believe there are better ways to meet the housing needs of our community that do not involve such a large and intrusive development. 237 Thank you for your time and consideration. Sincerely, Mukul Nautiyal Resident 8024 Golden Date: Sat 3/11/2023 12:24 PM From: Jessica Dengel Subject: Proposed Condo Development on Golden Valley Road My name is Jessica Dengel I live at 756 Wisconsin Ave N, Golden Valley. I am witting you to express my concerns about the proposed new development of a 300 unit condo building at the Wells Fargo site on Golden Valley Road. My concerns are listed below: The proposed building is going to be a RENTAL unit and will DIMINISH our property values in the townhomes across the street that are owner owned. This development will intrude on our privacies within our homes with hundreds of units looking directly in and block all sunlight that we currently get by casting a large shadow. This will diminish the character of the quaint and quite neighborhood and will clash with current architecture. Zoning previously disallowed such rental units. This will be an added burden on the police force and traffic. I take these concerns seriously and would like to know how the city is going to resolve these concerns. Thank you for your time, Jessica Date: Sat 3/11/2023 2:17 PM From: Robert Nelson Subject: In support of the Wells Fargo bank site redevelopment I live in the Wesley Commons townhouses across from the Wells Fargo Bank in downtown Golden Valley. I received the material on the proposed redevelopment a few weeks ago and saw it was approved at the first meeting. I wanted to say that I moved here 22 years ago because of the walkable community lifestyle and I fully support the development plans that were put forth for the Well Fargo bank. I think the building and future development along adjacent sites will enhance the walkable community aspect and improve the aesthetics and am looking forward to the development. Some of my neighbors are afraid of the change this will bring but I think they will be much more enthusiastic once it gets built. I can tell a lot of thought went into the design and think it fits nicely with the style of the Wesley Commons buildings. I encourage you to proceed with the rezoning on March 21 as planned. Regards, 238 Rob Nelson 772 Wisconsin Avenue North Date: Mon 3/13/2023 4:44 PM From: Michelle Lange Subject: Proposed development 8200 Golden Valley Rd - NO!!! Hello, I’m writing to express our strong opposition to the building of the proposed rental units on Golden Valley Road on the Wells Fargo bank site. We purchased our townhome, which is directly across the street from this location, three years ago. We are owners and are aware that zoning disallowed such rental units in the past. How can this suddenly be ok? What has changed? The many reasons we are against this development and feel strongly that this is NOT the appropriate location for it are as follows: -will strain an already diminished GV police force that had been slow and at times unable to respond to my calls in the past -will increase traffic on a slow, single lane windy GV road that cannot handle more vehicles. It is already a hazard to walk across the street to the GV Shopping Center because of the traffic and speeders—this development will make this much worse! -will greatly increase noise on the road from cars which has already increased significantly since we moved in! -delivery services such as Amazon and moving companies park along the curb for access to west-facing units on GV road. This already poses a danger for them and increases the potential for accidents. Now to significantly add to the traffic and the speeders coming around the bend is reckless - the road cannot handle any more traffic! -it will cast a long shadow and block the sunset for most units! We chose this location for our first home because of the “tucked away” yet central GV location and the amount of sunlight our unit would receive -this will diminish our property value as homeowners! Please, I truly hope you take time to consider the concerns from OWNERS who actually live in this area and therefore who will be directly impacted. This is NOT the appropriate location to build such a development! The road and area cannot accommodate this whatsoever. Michelle Lange and Dan Wehmhoff 8022 Golden Valley Rd. Date: Tue 3/14/2023 8:51 AM From: Subject: Redevelopment of 8200/8240 Golden Valley Road I am writing to you as a resident of Golden Valley concerned about the redevelopment of 8200/8240 Golden Valley Road. I attended the public hearing of the Planning Commission on 2/27/2023. Jason Zimmerman gave a very good presentation on the development of the property currently proposed by 239 Sentinel Management Company, but I disagree with the recommendation that was approved by the commission. When my husband and I moved to Golden Valley last summer, it was obvious to me that the site would be redeveloped. And as a mostly empty expanse of asphalt I thought it should be redeveloped. I agree with changing the zoning from (C) Commercial to (MU) Mixed Use, and I agree with the original City of Golden Valley 2040 Comprehensive Plan guidelines for that property to be zoned MU-Neighborhood. But I am strongly opposed to the redesignation from the Mixed Use Neighborhood to Mixed Use Community. The Downtown Redevelopment Framework Plan has similar concept renderings in Phase II and III for the Southwest Illustrative Concept. Noted in the Phase II concept plan are two buildings with 50-60 units each. Six stories - 90 feet! - is too tall for that location! Although the currently proposed development is below the limit, if anything changed for Sentinel, by approving Mixed Use Community it would allow a developer to build up to 90 feet tall and 6 stories. Mixed Use Neighborhood, allowing 62 feet and 4 stories, is much more appropriate for that location and the surrounding residences and buildings. A commissioner raised a concern at the hearing regarding the difference between the Mixed Use Neighborhood limit and the proposed development as “not inconsequential”. It is not inconsequential, and the full height allowed in Mixed Use Community is even more consequential! The difference in height allowed between Mixed Use Neighborhood and Mixed Use Community is 28 feet! The two-story townhomes to the north of the site would be dwarfed by such a building, and even the proposed development would loom over the townhomes across Golden Valley Road and even more so over any future trail along Golden Valley Road. The townhomes, planned future trail, and any ‘green space’, would be greatly affected by the shade cast by such a tall structure. Mixed Use Neighborhood is more in keeping with the existing scale of buildings in that area. Increased traffic along Golden Valley Road would need to be accommodated. Already sightlines are challenging with the curves. Access (by car, bike or on foot) from Basset Creek Boulevard, the Wells Fargo Driveway across from it, Wesley Commons Drive and Golden Valley Drive is best done with an abundance of caution. The Phase II concept plan of 100-120 units total would increase traffic, but at a much lower level than the proposed development of 300+ units. Again, the more reasonable scale of Mixed Use Neighborhood would be much more appropriate for the location. Redevelopment shouldn’t just be about the most-dense or tallest options, redevelopment should be about “just-right”. Right for the neighborhood, right for the city. Mixed Use Neighborhood for the site would allow for more housing units in Golden Valley, including affordable units, without the overwhelming scale of a 90 foot tall building of 5 or 6 stories. I am strongly opposed to Mixed Use Community, and ask that you approve Mixed Use Neighborhood. Sincerely, Alyssa Dybvig 7930 Golden Valley Road #5 240 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 21, 2023 Agenda Item 6A. First Consideration of Ordinance No. 761 Amending the 2023 Master Fee Schedule for Items Related to Micromobility Licenses Prepared By Myles Campbell, Planner Sue Virnig, Finance Director Summary Since 2019, the City has benefited from agreements with private companies providing electric scooters for use by local residents and consumers. This year the City has partnered with the Cities of Hopkins and Saint Louis Park in order to share best practices from all three cities in managing the licensing agreements associated with these micromobility vehicle providers. In addition, the three cities released a joint RFP this year for micromobility services, with the idea being that as a group the cities could attract greater interest from providers and simplify the application process on the private sector's end. From this collaboration, staff noted that the current licensing fee for micromobility scooters was well below that of adjacent suburban communities, and likely did not fully cover the staff-time costs associated with drafting application materials, reviewing bids, and eventually administering to these vehicles in the public ROW. Staff is proposing a new fee arrangement, in which $75 is collected as part of a licensing agreement for each vehicle in the initial deployment. Last year, with 30 Bird scooters, this would have totaled, $2,250. In 2023, the City is targeting an initial deployment of 50 scooters and would collect a $3,750 deployment fee. Note that subsequent increases to the fleet size by the provider are not assessed any additional fee, per the license agreement. In addition to the licensing fee, staff is also including two fees related to impoundment of vehicles, which were previously required as part of past license agreements, but not included in the fee schedule. These allow the City to collect a fee upon impoundment of a vehicle and a storage fee for so long as it is not reclaimed. Financial or Budget Considerations The proposed fee change better accounts for costs associated with staff time spent administering micromobility programs. 241 Legal Considerations Changes to the license agreement for micromobility providers will be reviewed by the City Attorney. Equity Considerations None. Recommended Action Motion to approve first consideration of Ordinance No. 761 Amending the 2023 Master Fee Schedule for Items Related to Micromobility Licenses. Supporting Documents Ordinance No. 761 - micromobility fees 242 ORDINANCE NO. 761 AN ORDINANCE AMENDING THE CITY CODE Amending the 2023 Master Fee Schedule for Items Related to Micromobility Licenses The City Council for the City of Golden Valley hereby ordains as follows: Section 1. The City Code requires that certain fees for City services be established from time to time by the City Council. Section 2. The 2023 Master Fee Schedule of the City Code is hereby amended by removing the following fee under “Micromobility Sharing Operations: Implementation and oversight of License Agreement - $500 Section 3. The 2023 Master Fee Schedule of the City Code is hereby amended by adding the following new fees under “Micromobility Sharing Operations: Deployment Fee per Vehicle $75.00 Initial Impoundment Fee $56.00 Storage Fee, per day after 24 hours $18.00 Section 4. This ordinance shall take effect from and after its passage and publication as required by law. First Consideration March 21, 2023 Second Consideration April 4, 2023 Date of Publication April 13, 2023 Date Ordinance takes effect April 13, 2023 Section 5. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 4th day of April, 2023. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Theresa J. Schyma Theresa J. Schyma, City Clerk 243 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 21, 2023 Agenda Item 6B. Approve Updated Bylaws of Various Boards and Commissions Prepared By Tara Olmo, Executive Assistant Kirsten Santelices, Deputy City Manager/Human Resources Director Summary At the July 12, 2022 City Council Work Session City staff made recommendations to update the term limits in board/ commission bylaws as one step toward the Council’ s goal of diversifying boards and commissions. The term limits, as proposed by City Council, provide a structure and system that supports giving more community members opportunities to serve in appointed positions. Staff also recommended updating the definition of youth members and shifting the youth appointments to October 1 each year. At the end of the Work Session the City Council gave staff direction to prepare the amended ordinance for consideration. At its November 15, 2022 meeting the Council approved the first reading of this ordinance with changes to the definition of youth. The proposed second reading includes the changes approved at the November meeting and was finalized and approved at the City Council meeting at the December 6, 2022 meeting where the City Council implemented these changes to the Community Service Commission initially. Legal Considerations This ordinance was reviewed and approved by the City attorney. Equity Considerations Instituting term limits for boards and commissions fits within the Advancement of Diversity, Equity and Inclusion pillar of the City's Equity Plan as well as the Inclusive Community Engagement pillar. Implementing term limits in conjunction with staggered terms, creates a balance between continuity and turnover. Term limits also allow for rotation of voices, provide opportunity for new and different community members to participate, allow the City to more easily adjust its membership to reflect the community's changing needs and demographics, and enlarge the circle of committed supporters as members rotate off. This structural change is an important step toward creating more opportunity for diverse representation on the City's boards and commissions. Having a diverse set of representatives will help the City achieve its equity goals because "diversity fosters decision-making which involves more 244 careful analysis. Groups without diversity consistently make weaker decisions than those made by groups with experiential diversity." Yaron Nili, Board Diversity by Term Limits?, Harvard Law School Forum on Corporate Governance (June 10, 2019), https://corpgov.law.harvard.edu/ 2019/ 06/10/board-diversity-by-term-limits/. Recommended Action Motion to approve the Police, Employment, Accountability, & Community Engagement Commission, Diversity, Equity, and Inclusion Commission, Planning Commission, Environmental Commission, Board of Zoning Appeals, and Open Space and Recreation Commission Bylaws. Supporting Documents BZA - Bylaws - 2023 DEIC - Bylaws - 2023 Environmental Commission - Bylaws - 2023 OSRC - Bylaws - 2023 Planning Commission - Bylaws - 2023 PEACE - Bylaws - 2023 245 BYLAWS Board of Zoning Appeals (BZA) Article I: Purpose, Mission, and Prescribed Duties The Board of Zoning Appeals shall have the powers as provided for in City Code Section 11.90, Subd. 4. In conducting official business the Board shall:  Hear and decide appeals only on matters provided for in Section 11.90 Subd. 4. B of the City Code and M.S.A. 462.359 (4)  Hear and decide appeals only where the petition meets the specific requirements of Section 11.90 Subd. 4. C “Procedure” of the City Code and only where notices as required by the Section have been provided by the City Article II: Membership, Appointments, Terms, and Officers A. Membership The Board shall consist of six members; four regular members, one non-voting youth member, and one voting member of the Planning Commission. Regular members shall be residents of the City. Youth members shall live or attend school within Golden Valley, the Robbinsdale Area District or Hopkins School District and be enrolled in school grades 9 through 12. A vacancy shall be deemed to exist if a member ceases to meet the residency requirements. One rotating Planning Commissioner serves as a voting member of the Board to complete a quorum. In the absence of a regular member, a Planning Commissioner may serve as an alternate. B. Appointment and Terms Regular appointments are effective May 1 of each year. Youth appointments are effective October 1 of each year. The Council shall appoint four regular members of the Board for three-year staggered terms and one youth member to serve a one-year term. The City Council shall appoint the members of the Board and may fill vacancies for unexpired terms. A vacancy shall be deemed to exist if a member resigns or ceases to meet the membership requirements. Board members shall be subject to the term limit requirements in City Code § 2-125.Appointments are made effective May 1 of each year. The Council shall appoint four regular members and one youth member for a one-year term. The terms of Board members shall be fixed and determined at the time of appointment by the governing ordinance. The City Council shall appoint the members of the Board and to fill vacancies for unexpired terms. One rotating Planning Commissioner serves as a voting member of the Board to complete a quorum. In the absence of a regular member, a Planning Commissioner may serve as an alternate. C. Officers The Board shall elect the officers of Chair and Vice Chair by its voting members at its regular annual meeting (no later than the second meeting after May 1 in each year). The Chair and Vice Chair positions rotate and members may only serve two consecutive years as the Chair or Vice Chair. Should the office of Chair or Vice Chair become vacant, the Board shall elect a successor from its membership at the next regular meeting and such election shall be for the unexpired term of said office. Officers may also delegate the duties of their position to other Board members as deemed appropriate by the Board. The Planning Commission representative may not serve as the Chair or Vice Chair. 246 BYLAWS – Board of Zoning Appeals (BZA) 2 Chair responsibilities:  work with staff liaison to develop meeting agendas  conduct and preside at all meetings in a productive and time-efficient manner  ensure the Board conducts its activities within the stated mission and bylaws of the Board  monitor and ensure the progress of the Board  report to the City Council Vice Chair responsibilities:  perform the duties of the Chair in the absence or incapacity of the Chair  perform all other duties as prescribed by the Board Article III: Meetings and Attendance A. Meetings All meetings of the Board shall be conducted in accordance with the Minnesota Open Meeting Law and City code. This means all business and discussion occurs at a meeting which has been posted and is open to the public. The presence of a majority of all regular members currently appointed to the Board shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. In order to obtain a quorum, a Planning Commission representative must be present. A quorum of the members should not discuss Board business by email, forms of social media, telephone, or informal meetings. Board meetings may be cancelled by the staff liaison if there are no pending cases or other items on the agenda for discussion. The proceedings of meeting should be conducted using standard parliamentary procedure. i. Regular Meeting The regular meeting of the Board shall be held on the fourth Tuesday of the month at City Hall at 7:00 pm. The Board may, by a majority vote, change its regular meeting dates for any reason provided proper public notice of the changed meeting is provided. ii. Annual Meeting The Annual Meeting of the Board shall be a regular meeting, typically the first meeting after May 1 of each year, at which time elections will be held. iii. Special Meeting A special meeting may be called by the Chair or whenever three members request the same in writing. Staff shall give notice to each Board member, at least three days prior to any special meeting, of the time, place, and purpose of the meeting. B. Attendance Absences in one year should not exceed three consecutive meetings or more than 25 percent of the total meetings for the year. If a member is unable to attend a meeting, that member should contact the staff liaison, who will inform the chair if a quorum cannot be attained and the meeting will be cancelled. 247 BYLAWS – Board of Zoning Appeals (BZA) 3 A standardized letter of warning will be sent from the City Manager’s office to any member after two consecutive or two total absences for groups meeting once a month. For those meeting twice a month the letter would be sent from the chair after two consecutive or five total absences. If a member exceeds the allowable number of absences the City Manager’s office will send a standardized letter stating the member must step down because of the importance of regular attendance and the number of citizens interested in serving. If the City Manager’s office feels there are extenuating circumstances in a case of a member who has not met the attendance requirements, an exception can be made. Article IV: Rules A. Conduct of Business A monthly agenda shall be prepared and mailed to each of the members of the Board. Completed petitions must be received at least 15 working days prior to the day of the meeting for which a hearing is scheduled. Unless otherwise requested by the Board, the agenda of each regular meeting shall be as follows: A. Hearing of petitions or business carried from a previous meeting B. Hearing of new petitions C. Communications D. Other business E. Adjournment The staff liaison shall prepare a written report and recommendation on each petition submitted to the Board, which shall become a part of the official record. All petitions and evidence received by the Board shall be reviewed and considered, and within a reasonable time the Board shall make its written orders deciding the particular matter. B. Recordkeeping All minutes, required notices, and files on petitions of each case shall be in writing and shall be kept in accordance with City procedures, Minnesota Statute and Rules regarding preservation of public records and the Minnesota Data Privacy Act. All materials (including surveys and petitions) and decisions relating to each case shall be filed with the Planning division. The petition form referred to in the bylaws and section 11.90 of the City Code shall be that officially adopted by the Board. C. Annual Report The Board staff liaison shall submit an annual report to the City Council summarizing the past year's activities. The report may highlight information the Board feels appropriate to convey to the City Council. D. Performance of Duties Board members are expected to adequately prepare for meetings. Members unable to complete an assigned task should notify the Board Chair as soon as possible. The Board staff liaison may ask the City Council to review a Board member’s appointment based upon its assessment of significant non- performance of duties. 248 BYLAWS – Board of Zoning Appeals (BZA) 4 Article V: Amendments and Revisions The Board will review these bylaws no later than the second meeting after May 1 every three years. Members may present recommendations for changes and amendments. These bylaws can be altered or amended at any regular monthly Board meeting with a majority of regular Board members present, provided that notice of the proposed changes and amendments is provided to each member at least ten business days before the meeting. The Council must review and approve any changes to, and has final authority regarding, these bylaws. 249 BYLAWS – Diversity, Equity, and Inclusion Commission 1 BYLAWS Diversity, Equity and Inclusion Commission (DEIC) Article I: Purpose, Mission, and Prescribed Duties The Commission shall be an advisory commission to the City Council. A. Mission, Vision, Values The Commission’s mission is to promote and nurture a safe and welcoming community dedicated to the values of social equity, inclusion, and justice. The Commission shall advise and make recommendations to the Council in matters relating to diversity, equity, inclusion, and human rights. B. Duties In accordance with its bylaws and annual work plan, and through the collaboration and cooperation of City staff, the DEI Commission shall: 1) Analyze the City’s processes, procedures, policies, and ordinances as directed by the City Council on matters of diversity, equity, inclusion, human rights. 2) Present the results of programs of research and recommend changes to processes, procedures, policies, and ordinances to the City Council based on those results. 3) Regularly review and evaluate the City’s community outreach methods and activities to ensure messaging reaches diverse populations and provides inclusive participation opportunities. 4) Annually provide input on the City’s Equity Plan and, as requested by City Manager, their designee, or City equity staff: a. Analyze City systems to identify systems of inequality (including systemic racism), and b. Make recommendations relating to changes in ordinance, policy, or practice to dismantle those systems. 5) Communicate the City’s diversity, equity, and inclusion (DE&I) work and facilitate community engagement and feedback. 6) Collaborate with organizations to host and promote events that educate the community on issues of diversity, equity, inclusion, and human rights, and other issues and to promote awareness and appreciation of diversity. Article II: Membership, Appointments, Terms, and Officers A. Membership Initially, any current member of the existing Human Rights Commission or Rising Tides Task Force who submits an application, shall be automatically appointed to the Commission. After the initial appointments, the Commission shall consist of nine regular members, and two youth voting members. The reduction in membership size shall happen gradually over the first three years as initial appointment terms expire so that there are 11 members by May 2023. Youth members shall live or attend school within Golden Valley, the Robbinsdale Area District or Hopkins School District and be enrolled in school grades 9 250 BYLAWS-Diversity, Equity, and Inclusion Commission through 12. In accordance with the City's values and Welcome Statement, the Council shall seek to have said appointments reflect the diverse voices and perspectives in the community, including: •Individuals who have professional, volunteer, or personal experiences with communities that have historically experienced or presently experience the stress and trauma of discrimination, for example, individuals with work or volunteer experience in the field of diversity, equity and inclusion, or personal involvement in advocacy or activism; •Individuals who have professional, volunteer, or personal experiences with healing of marginalized communities; and •Individuals with personal experience involving discrimination. At a minimum the DEIC membership shall consist of: •One member with a connection to multi-family or group housing; and •One member of a community group that has demonstrated commitment to the values of racial equity, inclusion, social justice, and human rights. 2 If the City does not receive qualified applications from one of the above categories, the remaining spots may be filled with any person who lives, works, attends school, volunteers, or worships in the City of Golden Valley. B.Appointments and Terms Appointments shall be made by the Council at its last meeting in April. Appointments are made effective May 1 of each year, except for youth appointments, which shall be made by the Council at its last meeting in September, effective October 1. The Council shall appoint regular members of the Commission for three-year staggered terms. Youth members shall be appointed for a one-year term. The terms of Commission members shall be fixed and determined at the time of appointment by the governing ordinance. The City Council shall appoint the members of the Commission and to fill vacancies for unexpired terms. A vacancy shall be deemed to exist if a regular member ceases to meet the residency requirements the membership requirements or a youth member who ceases to meet the residency, age, or school requirements. Commissioners shall be subject to the term limit requirements in City Code § 2-125. C.Officers The Commission shall elect officers of Chair and Vice-Chair from the Commission membership by its voting members at its regular annual meeting, (no later than the second meeting after May 1 in each year). The Chair and Vice Chair positions rotate, and members may only serve two consecutive years as the Chair or Vice-Chair. Should the office of Chair or Vice-Chair become vacant, the Commission shall elect a successor from its membership at the next regular meeting and such election shall be for the unexpired term of said office. Officers may also delegate the duties of their position to other Commissioners as deemed appropriate by the Commission. Chair responsibilities include: •work with staff liaison to develop meeting agendas •conduct and preside at all meetings in a productive and time-efficient manner •ensure the Commission conducts its activities within the stated mission and bylaws of the Commission •appoint Commissioners to subcommittees •monitor and ensure the progress of the Commission •report to the City Council Vice-Chair responsibilities: •perform the duties of the Chair in the absence or incapacity of the Chair •perform all other duties as prescribed by the Commission 251 BYLAWS – Diversity, Equity, and Inclusion Commission 3 Article III: Meetings and Attendance A. Meetings All meetings of the Commission shall be conducted in accordance with the Minnesota Open Meeting Law and City code. This means all business and discussion occurs at a meeting which has been posted and is open to the public. The presence of a majority of all regular members currently appointed to the Commission shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. In the event a quorum is not reached, a smaller number of members may meet to have informal discussion, however, formal action shall not be taken and must be reserved for such time as when a quorum of the Commission is reached. A quorum of the members should not discuss Commission business by email, forms of social media, telephone, or informal meetings. Commission meetings may be cancelled by the staff liaison if there are no items on the agenda for discussion. The proceedings of meeting should be conducted using standard parliamentary procedure. i. Regular Meeting The regular meeting of the Commission shall be held on the fourth Tuesday of the month at City Hall at 6:30 pm. The Commission may, by a majority vote, change its regular meeting dates for any reason provided proper public notice of the changed meeting is provided. ii. Annual Meeting The Annual Meeting of the commission shall be a regular meeting, typically the first meeting after May 1 of each year, at which time elections will be held. iii. Special Meetings A special meeting of the Commission may be called by the Chair or two commissioners, or by the City Council, for the purpose of transacting any business designated in the meeting notice. The notice for a special meeting shall be posted in compliance with the Minnesota State Statutes governing public meetings. The staff liaison shall notify Commissioners at least three days prior to the meeting of the date, time, place and purpose of the special meeting. A special meeting must also be posted in accordance with the requirements of the Minnesota Open Meeting Law. B. Attendance Members are expected to attend all meetings, including the annual board and commission joint meeting. If a member is unable to attend a meeting, they should contact the staff liaison, who will inform the chair. If a quorum cannot be attained, the meeting will be canceled. Staff liaisons will track attendance at each meeting. Each April, the City Manager’s office will review attendance records for the preceding calendar year (April-March) and send a standardized letter of warning to any member that has missed: two consecutive or three total meetings for groups that meet once a month; or two consecutive or five total meetings for groups that meet twice a month. Because attendance is so important to the work of the City’s boards and commissions, the City Manager may ask the member to explain the reasons for their absences. If circumstances prevent the member from committing to consistently attending future meetings, the member may be asked to step down. The City Manager will not ask the member to step down if their inability to attend meetings is due to health reasons. If the member’s attendance does not improve within 3 months after receiving a warning, the City Manager or their designee shall ask the member to step down. If the member chooses not to step down, the Council may take action to remove the member. 252 BYLAWS – Diversity, Equity, and Inclusion Commission 4 Article IV: Rules A. Agenda The agenda for regular and special meetings of the Commission shall be prepared by the staff liaison. Items to be placed on the agenda may be proposed by the Chair, a Commission member, the staff liaison or at the request of the City Council. Residents, businesses, or other interested parties may contact the staff liaison to request that an item be placed on the agenda for consideration. All agenda topics presented by the City Council will be placed on an appropriate agenda; requests from other parties will be placed on an appropriate future agenda at the discretion of the staff liaison. The agenda shall be approved at each meeting prior to discussion of any item on the agenda. At the time of agenda approval, items may be removed and the order of business may be modified by a majority vote of members present at the meeting. No items shall be added to the agenda unless deemed as urgent by the staff liaison. Prior to adjournment, members present may communicate items recommended for inclusion on future agendas. B. Recordkeeping All minutes and resolutions shall be in writing and shall be kept in accordance with City procedures, Minnesota Statute and Rules regarding preservation of public records and the Minnesota Data Privacy Act. C. Work Plan The Commission will draft an annual work plan that details activities and projected timelines for the upcoming year. The Chair may appoint Commissioners to be primarily responsible for each work plan activity. The Commission may establish subcommittees to oversee work plan activities. The subcommittees will be chaired by Commissioners appointed by the Chair. The Commission’s work plan will be submitted to the City Council, typically during the first quarter of the calendar year. The Chair and/or Commissioners will attend a Council/Manager meeting to discuss the annual work plan with the City Council. The Commission’s work plan must be agreed upon by the City Council. D. Annual Report The Commission shall submit an annual report to the City Council summarizing the past year's activities. The report may highlight information the Commission feels appropriate to convey to the City Council. The Chair or Vice-Chair will prepare the report for approval by the Commission. Commission members may submit signed addenda presenting alternative conclusions or perspectives. The report and addenda are submitted to Council with the current year work plan in the first quarter of the calendar year or as soon thereafter as possible. E. Subcommittees The Commission may create subcommittees to plan and direct activities related to topics of interest to the Commission and to oversee work plan activities. Subcommittees will be chaired by Commissioners appointed by the Chair and shall not consist of a majority or more of currently appointed Commission members. A majority of the subcommittee must be present to conduct business, including the subcommittee chair. The Commission may consolidate or dissolve subcommittees at any time. The subcommittee chair may appoint other Commissioners and representatives from the broader community to the subcommittee, provided that the subcommittee at no time consists of a majority or more of currently appointed Commission members. 253 BYLAWS – Diversity, Equity, and Inclusion Commission 5 The subcommittee chair shall report back to the Commission about its activities as an agenda item at regular Commission meetings. Subcommittee meetings shall be held at a date and time that does not conflict with the Commission’s regular and special meetings. The staff liaison shall be notified of the date, time, location and topic of all Subcommittee meetings. F. Performance of Duties Commissioners are expected to adequately prepare for meetings. Commissioners unable to complete an assigned task should notify the commission chair or subcommittee chair as soon as possible. The Commission staff liaison may ask the City Council to review a Commissioner’s appointment based upon its assessment of significant lack of performance. Article V: Amendments and Revisions The Commission will review these bylaws no later than the second meeting after May 1 every three years. Members may present recommendations for changes and amendments. These bylaws can be altered or amended at any regular monthly Commission meeting with a majority of members present, provided that notice of the proposed changes and amendments is provided to each member at least 10 business days before the meeting. The Council must review and approve any changes to, and has final authority regarding, these bylaws. Appendix: Glossary This glossary is a set of terms adopted by the City to ensure common language and understanding regarding diversity, equity and inclusion. When discussing the diversity, equity and inclusion efforts, use these terms and definitions in all contexts: Accountability: Processes and procedures that ensure the centering of equity in the decision-making process Barrier: Social, economic and physical impediments constructed to decrease access to resources essential for positive life outcomes BIPOC: An acronym for Black, Indigenous, People of Color Bias: A mental process that evaluates and classifies others by their appearance and/or behaviors based on personal schemata. Bias influences our actions, beliefs and attitudes about others positively and negatively. There are two types of bias in regards to equity and justice: Explicit: Bias we are aware of and act in the name of Implicit: Subconscious feelings, perceptions, attitudes and stereotypes developed over timei Capacity Building: Exercises and trainings developed to ensure all members of a community work towards equity Community Engagement: Employment of a range of tools and strategies to ensure successful, accountable relationships between an organization and the people it serves Community Indicator: An impact on a life-outcome influenced by public policy Disparity: A pattern of disproportionate life outcomes based on a social identity Diversity: A measurement of individuals’ differences from one another in the form of social identities and lived experiences; all the ways in which people differ.ii Equity: Fair treatment, access, opportunity and advancement for all people; one’s social identity cannot predict the outcome. Racial Equity: practices and policies to mitigate adverse impacts one’s race has on life outcomes 254 BYLAWS – Diversity, Equity, and Inclusion Commission 6 Equality: Evenly distributed tools and assistance to access resources and opportunities Human Rights: Rights inherent to all human beings, regardless of race, sex nationality, ethnicity, language, religion or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more.iii Inclusion: Systems that allow for access to all spaces regardless of social identity; a variety of people have power, a voice, and decision-making authority. Inequality: Unequal access to opportunities and resources Justice: Fixing the system to offer equal access to both tools and opportunity Oppression: Intentional harm, construction and upholding of access to human and civil rights Personal: Thoughts, beliefs, and attitudes about yourself, coworkers, supervisors, customers, residents, etc. based on their social identity Interpersonal: Negatively expressed words and actions based on social identity Institutional: Golden Valley (or other agency) enforced practices, policies and procedures that create barriers to resources and opportunities Structural/Systemic: Golden Valley (or other agency) enforced practices, policies and procedures created by larger entities (local, state, federal government and agencies) Racialized Violence: An instance of bodily/mental harm as a result of systemic racism Social Identity: All of the ways people are grouped and stratified in society e.g. race, socioeconomic status, gender, gender identity, sexual orientation, ability, nation/language of origin, family structure, age, religion, immigration status, marital status, etc. Systemic Racism: A collection of institutions that create unequal access to resources and opportunities i Source: US Justice Department ii Source: City of Portland Office of Equity and Human Rights iii Source: United Nations 255 BYLAWS Environmental Commission Article I:Purpose,Mission,and Duties The Environmental Commission shall be an advisory commission to the City Council on matters relating to the environment and human health.The Commission shall: •develop and make recommendations to educate the public on environmental regulations,policies, practices and tools •develop and make recommendations as an advisory review body for amendments to or revisions of the City’s Surface Water Management Plan and provide advice as requested by the Council on other city programs and initiatives •review and make recommendations regarding the city’s existing environmental ordinances,policies, and guidelines •develop and make recommendations on management practices for the City’s nature areas,public and private ponding areas,and other such city-owned properties as directed by the City Council •develop and make recommendations regarding waste reduction,recycling,and organics/composting •review and make recommendations on the City's resilience and sustainability policies and actions to address climate variations •participate,as directed by the City Council,in local activities initiated by other public and quasi-public agencies regarding environmental issues •advise and recommend such other functions or procedures as may be assigned to them by the City Code or the Council Article II:Membership,Appointments,Terms,and Officers A.Membership The Commission shall consist of seven regular members,and two voting youth members.Regular members shall be residents of the City. Youth members shall live or attend school within Golden Valley, the Robbinsdale Area District or Hopkins School District and be enrolled in school grades 9 through 12. A vacancy shall be deemed to exist if a member ceases to meet the residency requirements. B.Appointments and Terms Appointments are made effective May 1 of each year. The Council shall appoint regular members of the Commission for three-year staggering terms. Youth members shall be appointed for a one-year term. The terms of Commission members shall be fixed and determined at the time of appointment by the governing ordinance.Appointments shall be made by the Council at its last meeting in April, effective May 1, except for youth appointments, which shall be made by the Council at its last meeting in September, effective October 1. The Council shall appoint regular members of the Commission for three-year staggered terms and one youth member to serve a one-year term. The Council shall appoint the members of the Commission and may fill vacancies for unexpired terms. A vacancy shall be deemed to exist if a member resigns or ceases to meet the membership requirements. Commissioners shall be subject to the term limit requirements in City Code § 2-125.Emphasis in appointments will be made based on knowledge of environmental issues and their relationships to the natural environment and the quality of life in the City. The City Council shall appoint the members of the Commission and to fill vacancies for unexpired terms. C.Officers 256 The Commissionshallelectofficersof Chairand Vice-Chair from the Commissionmembership by its voting members at its regular annual meeting, (no later than the second meeting after May 1 in each year). The Chair and Vice Chair positions rotate, and members may only serve two consecutive years as the Chair or Vice-Chair. Should the office of Chair or Vice-Chair become vacant, the Commission shall elect a successor from its membership at the next regular meeting and such election shall be for the unexpired term of said office. Officers may also delegate the duties of their position to other Commissioners as deemed appropriate by the Commission. 257 BYLAWS –Environmental Commission 2 Amended and approved December 7, 2021 Chairresponsibilitiesinclude: •work with staff liaison to developmeeting agendas •conduct and preside at allmeetings in a productive andtime-efficientmanner •ensure the Commissionconducts its activities within the stated mission and bylaws of the Commission •appoint Commissionersto subcommittees •monitor and ensurethe progressof the Commission •report to the CityCouncil Vice-Chairresponsibilities: •perform the dutiesof the Chair in the absence or incapacity of the Chair •perform allother duties asprescribed by the Commission Article III: Meetings and Attendance A.Meetings All meetings ofthe Commissionshall be conducted in accordance with the MinnesotaOpen MeetingLaw and City Code. This means all business and discussion occurs at a meeting which has been posted and is open to the public. The presence of a majority of all regular members currently appointed to the Commission shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. In the event a quorum is not reached, a smaller number of members may meet to have informal discussion, however, formal action shall not be taken and must be reserved for such time as when a quorumof the Commissionis reached.A quorumof themembers shouldnot discussCommissionbusiness by email, forms of social media, telephone, or informal meetings. Commission meetings may be cancelled by the staff liaison if thereare no items on the agendafor discussion. Theproceedingsof meetingshould be conductedusingstandardparliamentary procedure. i.Regular Meeting The regular meeting of the Commission shall be held on the fourth Monday of the month at City Hall at 6:30 pm. The Commission may, by a majority vote, change its regularmeeting dates for any reason provided proper public notice of the changedmeeting is provided. ii.Annual Meeting The Annual Meetingof the commission shall be a regularmeeting,typicallythe firstmeeting after May 1 of each year, at which time elections will be held. iii.Special Meetings A special meeting may be called by the Chair or whenever three members requestthe same in writing. Staff shall give notice to each commissioner, at least three days prior to any special meeting, of the time, place, and purpose of the meeting. 258 BYLAWS –Environmental Commission 3 Amended and approved December 7, 2021 B.Attendance Members are expected to attend all meetings. If a member is unable to attend a meeting, they should contact the staff liaison, who will inform the chair. If a quorum cannot be attained, the meeting will be canceled. Staff liaisonswill track attendanceat each meeting. Each April, the CityManager’s officewill review attendance records for the preceding calendar year (April-March) and send a standardized letter of warning to any member that has missed: •two consecutiveor three total meetings for groups thatmeet once a month; or •two consecutive or five total meetings for groups that meet twice a month. Because attendance is so important to the work of the City’s boards and commissions, the City Manager may ask the member to explain the reasons for their absences. If circumstances (other than health circumstances)preventthemember from committingto consistentlyattend futuremeetings, themember may be asked to step down. If the member’s attendance does not improve after receiving a warning, the Council may take action to remove the member. Article IV: Rules A.Recordkeeping All minutes and resolutions shall be in writing and shall be kept in accordance with City procedures, MinnesotaStatute and Rules regarding preservationof public recordsand the MinnesotaData Privacy Act. B.Work Plan The Commissionwill draftan annual work plan that details activities and projected timelines for the upcoming year. •The Chair may appoint Commissioners to be primarily responsible foreach work plan activity. •The Commissionmay establish subcommitteesto oversee work plan activities.The subcommittees will be chaired by Commissioners appointedby the Chair. •The Commission’s work plan will be submitted to the City Council, typically during the first quarterof the calendaryear.The Chairand/orCommissionerswill attend a Council/Manager meeting to discussthe annual work plan with the City Council. •The Commission’swork planmust be agreed upon by the City Council. C.Annual Report The Commissionshall submitan annual report to theCity Council summarizing the past year's activities. The reportmay highlight information the Commissionfeels appropriate to conveyto the CityCouncil. D.PerformanceofDuties Commissioners are expected to adequately prepare formeetings. Commissionersunable to complete an assigned task should notify the commission chair or subcommittee chair as soon as possible. The Commissionstaff liaisonmay ask the City Council to review a Commissioner’sappointment based upon its assessmentof significant non-performance of duties. Article V: Amendments and Revisions The Commission will review these bylaws no later than the second meeting after May 1 every three years. Members may present recommendations for changes and amendments. These bylaws can be altered or amended at any regular monthly Commission meeting with a majority of members present, provided that noticeof theproposed changesand amendments is provided to each member at least10 business days before the meeting. The Council must review and approve any changes to, and has final authority regarding, these bylaws. 259 BYLAWS Open Space and Recreation Commission (OSRC) Article I:Purpose,Mission,and Prescribed Duties The mission of the Open Space and Recreation Commission shall be to advise and recommend to the Council as to recreational programs, parks, and open space in the community. Specifically, the Commission shall: •develop and make recommendations to maintain and update the portion of the Comprehensive Plan relating to open space needs, parks and recreation programs, and trail systems •develop and periodically review policies,operational guidelines,and plans for parks,recreation programs, use of open space, and trail systems •periodically update an assessment of review current programs regarding open space,parks and recreation, and trail systems •periodically update an assessment of review future needs regarding parks and recreation,open space, and trail systems •advise the Council on cooperative agreements and policies with other public and private agencies, groups, or individuals relative to recreational programs and facilities •advise Council on budget and capital outlay needs for parks and recreation,Brookview Golf Course, and park improvement fund Article II:Membership,Appointments,Terms,and Officers A.Membership The Commission shall consist of nine regular members, and one voting youth member. Regular members shall be residents of the City. Youth members shall live or attend school within Golden Valley, the Robbinsdale Area District or Hopkins District and be enrolled in school grades 9 through 12.Youth members are considered 21 years old or younger,who live,work,or attend school in the City of Golden Valley.A vacancy shall be deemed to exist if a member ceases to meet the residency requirements. B.Appointment and Terms Appointments are made effective May 1 of each year. The Council shall appoint regular members of the Commission for three-year staggering terms. Youth members shall be appointed for a one-year term. The terms of Commission members shall be fixed and determined at the time of appointment by the governing ordinance.Emphasis in appointments will be based on knowledge of open space and recreation issues and their relationships to the quality of life in the City. Appointments shall be made by the Council at its last meeting in April, effective May 1, except for youth appointments, which shall be made by the Council at its last meeting in September, effective October 1. The Council shall appoint regular members of the Commission for three-year staggered terms and one youth member to serve a one-year term. A vacancy shall be deemed to exist if a member resigns or ceases to meet the membership requirements. Commissioners shall be subject to the term limit requirements in City Code § 2-125.The City Council shall appoint the members of the Commission and to fill vacancies for unexpired terms. C.Officers The Commission shall elect officers of Chair and Vice-Chair from the Commission membership by its voting members at its regular annual meeting, (no later than the second meeting after May 1 in each year). The Chair and Vice Chair positions rotate, and members may only serve two consecutive years as the Chair or Vice-Chair. Should the office of Chair or Vice-Chair become vacant, the Commission shall elect a successor 260 from its membership at the next regular meeting and such election shall be for the unexpired term of said office. Officers may also delegate the duties of their position to other Commissioners as deemed appropriate by the Commission. 261 BYLAWS – Open Space and Recreation Commission (OSRC)2 Chairresponsibilities: •workwith staffliaisonto developmeetingagendas •conductandpresideatallmeetingsinaproductiveandtime-efficientmanner •ensure theCommissionconductsits activitieswithin the statedmission andbylawsof the Commission •appointCommissionerstosubcommittees •monitorandensuretheprogressoftheCommission •reportto the CityCouncil ViceChairresponsibilities: •performthe dutiesoftheChairinthe absenceorincapacityoftheChair •performallotherdutiesasprescribedbytheCommission Article III: Meetings and Attendance A.Meetings All meetingsof the Commissionshallbe conducted in accordance with theMinnesotaOpen MeetingLaw and City code. This means all business and discussion occurs at a meeting which has been posted and is open to the public. The presence of a majority of all regular members currently appointed to the Commission shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. In the event a quorum is not reached, a smaller number of members may meet to have informal discussion, however, formal action shall not be taken and must be reserved for such time as when a quorumof the Commissionis reached.A quorumof the members should notdiscussCommissionbusiness by email, forms of social media, telephone, or informal meetings. Commission meetings may be cancelled by the staff liaison if there are no items on the agenda for discussion. Theproceedingsofmeetingshouldbeconductedusingstandardparliamentaryprocedure. i.RegularMeeting The regular meeting of the Commission shall be held on the fourth Monday of the month at Brookview at6:30 pm.TheCommissionmay, bya majorityvote, changeitsregularmeeting dates for any reason provided proper public notice of the changed meeting is provided. ii.AnnualMeeting The Annual Meetingof thecommission shall be a regularmeeting, typically the firstmeeting after May 1 of each year, at which time elections will be held. iii.SpecialMeeting A special meetingmay be called by the Chairorwhenever threemembers requestthe same in writing. Staff shall give notice to each commissioner, at least three days prior to any special meeting, of the time, place, and purpose of the meeting. 262 BYLAWS – Open Space and Recreation Commission (OSRC)3 B.Attendance Members are expected to attend all meetings, including the annual board and commission joint meeting. If a member is unable to attend a meeting, they should contact the staff liaison, who will inform the chair. If a quorum cannotbe attained, the meetingwill becanceled.Staff liaisons willtrack attendanceateach meeting. Each April, the City Manager’s office will review attendance records for the preceding calendar year (April- March) and send a standardized letter of warning to any member that has missed: twoconsecutiveorthreetotalmeetingsforgroupsthatmeetonceamonth;or twoconsecutiveorfivetotalmeetingsforgroupsthatmeettwiceamonth. Because attendanceisso importantto thework of theCity’s boardsandcommissions,the CityManagermay ask the member to explain the reasons for their absences. If circumstances prevent the member from committing to consistently attending future meetings, the member may be asked to step down. The City Manager will not ask the member to step down if their inability to attend meetings is due to health reasons. If the member’s attendance does not improve within 3 months after receiving a warning, the City Manager or their designee shall ask the member to step down. If the member chooses not to step down, the Council may take action to remove the member. Article IV: Rules A.Recordkeeping All minutes and resolutions shall be in writing and shall be kept in accordance with City procedures, MinnesotaStatute andRulesregardingpreservationofpublicrecordsandthe MinnesotaDataPrivacy Act. B.AnnualReportand WorkPlan The Commission will draft an annual work plan that details activities and projected timelines for the upcoming year.The reportwill also include a summaryof lastyear’s activities. Thereport will highlight information the Commission feels appropriate to convey to the City Council.Annual Report The Commissionshallsubmit an annualreportto theCity Councilsummarizingthepast year'sactivities. The report may highlight information the Commission feels appropriate to convey to the City Council. C.PerformanceofDuties Commissioners are expected to adequately prepare for meetings. Commissioners unable to complete an assigned task should notify the commission chair or subcommittee chair as soon as possible. The Commissionstaffliaisonmay ask theCity Councilto review aCommissioner’sappointment based upon its assessment of significant lack of performance. Article V: Amendments and Revisions The Commission will review these bylaws no later than the second meeting after May 1 in every three years. Members may present recommendations for changes and amendments. These bylaws can be altered or amended at any regular monthly Commission meeting with a majority of members present, provided that noticeof theproposed changesand amendments is providedto each member at leastten business days before the meeting. The Council must review and approve any changes to, and has final authority regarding, these bylaws. 263 BYLAWS – Planning Commission 2 Amended and approved April 21, 2020January 17, 2023 BYLAWS Planning Commission Article I: Purpose, Mission, and Prescribed Duties The City Council, by motion, approves the following list of duties which amplifies and/or gives more specific direction to the Planning Commission. The Planning Commission shall: • review and make recommendations on specific development proposals made by private developers and public agencies • review and make recommendations on proposed rezoning, subdivision plans, amendments to the zoning text, platting regulations, and variances and similar items having to do with administration and regulatory measures • conduct special studies dealing with items such as renewal, civic design, maintenance of a suitable living and working environment, economic conditions, etc. (these studies may be conducted at the initiative of the Planning Commission and/or specific direction from the City Council) • review major public capital improvement plans against the policy and goals stated in the Comprehensive Plan for the area • advise and make recommendations relative to housing, new development, and redevelopment projects proposed by the HRA prior to the final commitment of such projects by the HRA, which shall also relate to such responsibilities as: o making recommendations to the City Council and/or HRA on the use of Federal and State funds received for housing and community development o making recommendations to the City Council on the City’s participation in other Federal, State, Metropolitan Council, County, and Multi-City Housing and Community Development programs • advise and make recommendations in matters relating to and affecting the environment, such as: o taking into account environmental concerns and the impact on the environment of any Planning Commission recommended action o to cooperate with and coordinate environmental proposals and programs with other City groups and Federal, State, Metro, County, and other municipal groups o to make such reviews of land reclamation, filling, excavation, and grading applications as are required by City ordinance or referred to the Commission by the Council, provided that no review or recommendation shall remove or limit the right of a property owner in accordance with City ordinances and the statutes and constitution of the State of Minnesota Article II: Membership, Appointments, Terms, and Officers A. Membership The Commission shall consist of seven regular members and one non-voting youth member. Regular members shall be residents of the City. Youth members shall live or attend school within Golden Valley, the Robbinsdale Area District or Hopkins School District and be enrolled in school grades 9 through 12. 264 BYLAWS – Planning Commission 3 Amended and approved April 21, 2020January 17, 2023 B. Appointment and Terms Appointments shall be made by the Council at its last meeting in April, effective May 1, except for youth appointments, which shall be made by the Council at its last meeting in September, effective October 1. The Council shall appoint regular members of the Commission for three-year staggered terms and one youth member to serve a one-year term. The Council shall appoint the members of the Commission and may fill vacancies for unexpired terms. A vacancy shall be deemed to exist if a member resigns or ceases to meet the membership requirements. Commissioners shall be subject to the term limit requirements in City Code § 2-125. Appointments are made effective May 1 of each year. The Council shall appoint regular members of the Commission for three-year staggering terms. Youth members shall be appointed for a one-year term. The terms of Commission members shall be fixed and determined at the time of appointment by the governing ordinance. The City Council shall appoint the members of the Commission and to fill vacancies for unexpired terms. C. Officers The Commission shall elect officers of Chair, Vice Chair, and Secretary from the Commission membership by its voting members at its regular annual meeting (no later than the second meeting after May 1 in each year). The Chair and Vice Chair positions rotate and members may only serve two consecutive years as the Chair or Vice Chair. Should the office of Chair or Vice Chair become vacant, the Commission shall elect a successor from its membership at the next regular meeting and such election shall be for the unexpired term of said office. Officers may also delegate the duties of their position to other Commissioners as deemed appropriate by the Commission. Chair responsibilities: • work with staff liaison to develop meeting agendas • conduct and preside at all meetings in a productive and time-efficient manner • ensure the Commission conducts its activities within the stated mission and bylaws of the Commission • appoint Commissioners to subcommittees • monitor and ensure the progress of the Commission • report to the City Council Vice Chair responsibilities: • perform the duties of the Chair in the absence or incapacity of the Chair • perform all other duties as prescribed by the Commission Secretary responsibilities: • sign the minutes and perform all other duties the Commission may prescribe • in the absence of the Chair and Vice Chair, conduct and preside over the meeting Article III: Meetings and Attendance A. Meetings All meetings of the Commission shall be conducted in accordance with the Minnesota Open Meeting Law and City code. This means all business and discussion occurs at a meeting which has been posted and is open to the public. The presence of a majority of all regular voting members currently appointed to the Commission shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other 265 BYLAWS – Planning Commission 4 Amended and approved April 21, 2020January 17, 2023 purposes. In the event a quorum is not reached, a smaller number of members may meet to have informal discussion; however, formal action shall not be taken and must be reserved for such time as when a quorum of the Commission is reached. A quorum of the members should not discuss Commission 266 BYLAWS – Planning Commission 5 Amended and approved April 21, 2020January 17, 2023 business by email, forms of social media, telephone, or informal meetings. Commission meetings may be cancelled by the staff liaison if there are no items on the agenda for discussion. The proceedings of meeting should be conducted using standard parliamentary procedure. i. Regular Meeting The regular meeting of the Commission shall be held on the second and fourth Monday of the month at City Hall at 7 pm. The Commission may, by a majority vote, change its regular meeting dates for any reason provided proper public notice of the changed meeting is provided. ii. Annual Meeting The Annual Meeting of the commission shall be a regular meeting, typically the first meeting after May 1 of each year, at which time elections will be held. iii. Special Meeting A special meeting may be called by the Chair or whenever three members request the same in writing. • Staff shall give notice to each Commissioner, at least three days prior to any special meeting, of the time, place, and purpose of the meeting. • No business shall be transacted at any special meeting other than that named in the call thereof, except by consent of two-thirds of the entire Commission, or by unanimous consent if fewer than two-thirds, but at least a quorum are present. If such consent is obtained, any measure adopted by a vote of a quorum shall have the same effect as if adopted at a regular meeting. • The members may adjourn from time to time, absentees being notified. If no quorum is present on the day fixed for a regular, continued or special meeting, the members present may adjourn until a quorum is obtained, or may adjourn said meeting without a definite day fixed. B. Attendance Members are expected to attend all meetings, including the annual board and commission joint meeting. If a member is unable to attend a meeting, they should contact the staff liaison, who will inform the chair. If a quorum cannot be attained, the meeting will be canceled. Staff liaisons will track attendance at each meeting. Each April, the City Manager’s office will review attendance records for the preceding calendar year (April-March) and send a standardized letter of warning to any member that has missed: • two consecutive or three total meetings for groups that meet once a month; or • two consecutive or five total meetings for groups that meet twice a month. Because attendance is so important to the work of the City’s boards and commissions, the City Manager may ask the member to explain the reasons for their absences. If circumstances prevent the member from committing to consistently attending future meetings, the member may be asked to step down. The City Manager will not ask the member to step down if their inability to attend meetings is due to health reasons. If the member’s attendance does not improve within 3 months after receiving a warning, the City Manager or their designee shall ask the member to step down. If the member chooses not to step down, the Council may take action to remove the member. 267 BYLAWS – Planning Commission 6 Amended and approved April 21, 2020January 17, 2023 Article IV: Rules A. Representative to Board of Zoning Appeals A Planning Commissioner shall be the sixth member of the Board of Zoning Appeals. All voting members of the Planning Commission are alternates to the Board. In the absence of any voting member of the Board, any member of the Planning Commission may serve as an alternate. At least one voting member of the Planning Commission shall be present at each meeting of the Board of Zoning Appeals. B. Ad Hoc Committees The Chair may appoint ad hoc committees unless the Commission shall otherwise direct, and shall be an additional member ex officio, of all committees. The Chair shall appoint a Planning Commission member to chair each ad hoc committee. All committees shall consist of at least three members, except as otherwise ordered by the Commission. Three members of any committee shall constitute a quorum of such committee. If a quorum is not present at a meeting, the members present may prepare reports and submit them to the Planning Commission on behalf of the committee, in which case the report shall name the committee members who prepared it. Nothing in the foregoing shall be construed as waiving the rights of the Commission at any time to increase or curtail the duties of any committee and/or to direct or control its actions. C. Recordkeeping A person will be provided by the City to take minutes for the advisory boards and commissions. Minutes serve the dual function of making an historical record of commission proceedings and of informing the Council regarding the commission’s activities. The minutes should, therefore, contain an accurate report of the sequence of events and names of citizens who appear and are heard. In addition to the formal action of the commission, a summary of the reasoning underlying such action should be included in the minutes. All minutes and resolutions shall be in writing and shall be kept in accordance with City procedures, Minnesota Statute and Rules regarding preservation of public records and the Minnesota Data Privacy Act. D. Annual Report The Commission shall submit an annual report to the City Council summarizing the past year's activities. The report may highlight information the Commission feels appropriate to convey to the City Council. E. Performance of Duties Commissioners are expected to adequately prepare for meetings. Commissioners unable to complete an assigned task should notify the commission chair or subcommittee chair as soon as possible. The Commission staff liaison may ask the City Council to review a Commissioner’s appointment based upon its assessment of significant non-performance of duties. 268 BYLAWS – Planning Commission 7 Amended and approved April 21, 2020January 17, 2023 Article V: Amendments and Revisions The Commission will review these bylaws no later than the second meeting after May 1 every three years. Members may present recommendations for changes and amendments. These bylaws can be altered or amended at any regular monthly Commission meeting with a majority of members present, provided that notice of the proposed changes and amendments is provided to each member at least 10 business days before the meeting. The Council must review and approve any changes to, and has final authority regarding, these bylaws. 269 Article I: Purpose, Mission, and Duties The Commission shall be an advisory commission to the City Council. A.Mission. It shall be the PEACE Commission’s mission to help the Police Department, as defined in City Code section 2-130, innovate and transform its provision of public safety services based on community input and needs, and to assure that the department provides inclusive, community- centered service. The Commission shall carry-out this mission by: (1)Establishing transparency and accountability to the public; (2)Enhancing communication and understanding between the Police Department, and the people it serves through community dialogue and engagement; and (3)Ensuring the Police Department applies practices that promote equity and inclusion and prioritize hiring and retaining officers with diverse backgrounds. B.Duties. It is the duty of the PEACE Commission to advise and make recommendations to the Council on matters relating to and affecting policing in the City of Golden Valley for the purpose of furthering the Commission’s mission. All of the Commission’s work shall be performed pursuant to an annual work plan approved by the Council. Specifically the Commission may: (1)Conduct programs of research and study, in conjunction with the Police Chief and City Manager that analyze Police Department practices, internal controls, and compliance with applicable law and regulation relating to: police policy and procedure; community engagement and attitudes toward policing; training, recruitment and retention initiatives; and other matters related to the mission of the Commission. Research and study includes programs that collect, review, and audit summary data and compile aggregate statistics relating to the Commission’s mission. (2)Present the results of programs of research and study on a periodic basis to the City Manager, Police Chief, or City Council for the purpose of ensuring Police Department operations are conducted in a lawful, effective, transparent, and nondiscriminatory manner. (3)Make recommendations to the City Council, City Manager, and Police Chief relating to internal controls, police policy and procedure; community engagement and attitudes toward policing; training, recruitment and retention initiatives; and other matters contained within a program of research and study. (4)Celebrate exemplary police work and highlight examples of positive contributions to public safety by community members. (5)Educate and learn from the community. Create and implement a community engagement and outreach program for the purpose of building trust and communication between the police and community members and facilitate community space in response to current 270 BYLAWS—Police Employment, Accountability and Community Engagement (PEACE) Commission 2 events related to public safety. Community engagement includes but is not limited to: community forums to facilitate discussions with community members about their experiences with the Golden Valley Police Department, programs to educate the community about policing, and informal relationship building activities. (6) Collaborate with the Community, City Manager, Human Resources Director, and Police Chief to develop and maintain equitable and inclusive recruitment and hiring processes. (7) In August of each year as part of its annual report, review and provide feedback to the City Council on: i. The previous year’s hiring data; ii. The hiring and promotion processes employed by the department in the previous year; iii. The Commission’s previous year goals and how the goals were advanced; iv. The Police Department’s previous year goals and how the goals were advanced; and v. The City’s prosecution philosophy, data, and goals, and how the goals were advanced. Article II: Membership, Appointments, Terms, and Officers A. Membership. The Commission shall consist of: (1) Three individuals that represent populations historically and presently harmed by policing (2) Two employees of the Police Department which shall include: i. One licensed Peace Officer, as defined in Minnesota Statutes section 626.84, subdivision 1(c), that supervises other licensed Peace Officers in the Police Department, such as a commander, sergeant, or the Chief; and ii. One Police Department employee (staff or licensed Peace Officer) in a non-supervisory role. The two Police Department members shall be non-voting, ex officio members and shall not be counted in determining the number required for a quorum. If an ex officio member leaves City employment, their membership shall automatically terminate. In appointing ex officio members, the Council shall endeavor to include a variety of perspectives, experience, and roles. (3) At least one and no more than two youth, 21 years old or younger, who live, work, or attend school in the City of Golden Valley; (4) One individual with professional human resources or recruitment experience; (5) One individual or social service provider with knowledge or experience of mental health, substance use disorder, or homelessness; (6) One individual or caregiver with knowledge of or experience working or living with the senior population in Golden Valley; 271 BYLAWS—Police Employment, Accountability and Community Engagement (PEACE) Commission 3 (7)One parent, teacher, or administrator at a school that serves Golden Valley residents; (8)One individual who is a renter or lives in multi-family housing or group housing in Golden Valley; and (9)At least one individual that has been impacted by the criminal justice system for example, a criminal defendant or criminal defense attorney. If the City does not receive qualified applications from one or more of the above categories, the remaining spots may be filled with any qualified applicant with substantial ties to the City of Golden Valley. In making appointments to the commission, the Council shall endeavor to maintain a membership that reflects the many different social identities represented in the City of Golden Valley, including but not limited to race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity, disability, age, marital status, status with regard to a public assistance program, socioeconomic status, or familial status. B.Appointments and Terms. Appointments are made effective May 1 of each year. The Council shall appoint regular members of the Commission for three-year staggering terms and youth members to serve a one-year term. Youth members may be appointed for one, two, or three year terms. Youth appointments, which shall be made by the Council at its last meeting in September, effective October 1. The terms of Commission members shall be fixed and determined at the time of appointment by the governing ordinance. City Council shall appoint the members of the Commission and to fill vacancies for unexpired terms. Commissioners may serve up to two consecutive three year terms. Partial terms shall not be counted toward this term limit. Former commissioners may be re-appointed for additional terms so long as they have not been on the commission during the twelve months prior to the effective date of any subsequent appointment. A vacancy shall be deemed to exist if a member resigns or ceases to meet the membership requirements. Commissioners shall be subject to the term limit requirements in City Code § 2-125. C.Participation, Expectations & Sentiment. The City of Golden Valley has a history of confronting the impact of policing of racially marginalized groups in the City and in the Twin Cities Metro Area. It is in this spirit, the City Council requested a Task Force to develop a framework for community members to provide recommendations to further equity in all facets of policing. The Task Force recommended the creation of the Police Employment, Accountability, and Community Engagement (PEACE) Commission and were initially responsible for drafting the Commission’s Mission and Bylaws. The Task Force worked together from November 2020 to June 2021. The work of the Task Force was influenced by the social context of the murder of George Floyd in the summer of 2020 civil unrest and subsequent trials of the involved officers. In this complex social context, the Task Force worked hard to reconcile many different views of community policing and systemic racism in public safety. In that spirit, the Task Force envisions this commission and its members will accept the following sentiment as the foundation of their work: Commissioners should approach their duties and responsibilities with a growth mindset. They should create opportunities for mutual respect, listen to understand, and value the perspectives and opinions of all stakeholders. D.Officers. The Commission shall elect officers of Chair and Vice-Chair from the Commission membership by its voting members at its regular annual meeting, (no later than the second meeting after May 1 in each year). The Chair and Vice Chair positions rotate, and members may only serve 272 BYLAWS—Police Employment, Accountability and Community Engagement (PEACE) Commission 4 two consecutive years as the Chair or Vice-Chair. Should the office of Chair or Vice-Chair become vacant, the Commission shall elect a successor from its membership at the next regular meeting and such election shall be for the unexpired term of said office. Officers may also delegate the duties of their position to other Commissioners as deemed appropriate by the Commission. Chair responsibilities include: (1)work with staff liaison to develop meeting agendas (2)conduct and preside at all meetings in a productive and time-efficient manner (3)ensure the Commission conducts its activities within the stated mission and bylaws of the Commission (4)appoint Commissioners to subcommittees (5)monitor and ensure the progress of the Commission (6)report to the City Council Vice-Chair responsibilities: (1)perform the duties of the Chair in the absence or incapacity of the Chair (2)perform all other duties as prescribed by the Commission Article III: Meetings and Attendance A.Meetings. All meetings of the Commission shall be conducted in accordance with the Minnesota Open Meeting Law and City code. This means all business and discussion occurs at a meeting that has been posted and is open to the public. The presence of a majority of all regular members currently appointed to the Commission shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. In the event a quorum is not reached, a smaller number of members may meet to have informal discussion, however, formal action shall not be taken and must be reserved for such time as when a quorum of the Commission is reached. A quorum of the members should not discuss Commission business by email, forms of social media, telephone, or informal meetings. If there are no items on the agenda, the meeting shall be cancelled and the staff liaison shall communicate the cancellation to the commissioners. The proceedings of meeting should be conducted using standard parliamentary procedure. (1)Regular Meeting. The regular meeting of the Commission shall be held on the second Thursday of the month at City Hall at 6:30 pm. The Commission may, by a majority vote, change its regular meeting dates for any reason provided proper public notice of the changed meeting is provided. (2)Annual Meeting. The Annual Meeting of the commission shall be a regular meeting, typically the first meeting after May 1 of each year, at which time officer elections will be held. 273 BYLAWS—Police Employment, Accountability and Community Engagement (PEACE) Commission 5 (3)Special Meetings. A special meeting of the Commission may be called by the Chair or two commissioners, or by the City Council, for the purpose of transacting any business designated in the meeting notice. The notice for a special meeting shall be posted in compliance with the Minnesota State Statutes governing public meetings. The staff liaison shall notify Commissioners at least three days prior to the meeting of the date, time, place and purpose of the special meeting. A special meeting must also be posted in accordance with the requirements of the Minnesota Open Meeting Law. B.Attendance. Members are expected to attend all meetings, including the annual board and commission joint meeting. If a member is unable to attend a meeting, they should contact the staff liaison, who will inform the chair. If is known in advance that a quorum will not be attained, the meeting will be canceled. Staff liaisons will track attendance at each meeting. Each April, the City Manager’s office will review attendance records for the preceding calendar year (April-March) and send a standardized letter of warning to any member that has missed: •two consecutive or three total meetings for groups that meet once a month; or •two consecutive or five total meetings for groups that meet twice a month. Because attendance is so important to the work of the City’s boards and commissions, the City Manager may ask the member to explain the reasons for their absences. If circumstances prevent the member from committing to consistently attending future meetings, the member may be asked to step down. The City Manager will not ask the member to step down if their inability to attend meetings is due to health reasons. If the member’s attendance does not improve within 3 months after receiving a warning, the City Manager or their designee shall ask the member to step down. If the member chooses not to step down, the Council may take action to remove the member. Article IV: Rules A.Agenda (1)Preparation of the Agenda The agenda for regular and special meetings of the Commission shall be prepared by the staff liaison. Items to be placed on the agenda may be proposed by the Chair, a Commission member, the staff liaison or at the request of the City Council. Residents, businesses, or other interested parties may contact the staff liaison to request that an item be placed on the agenda for consideration. All agenda topics presented by the City Council will be placed on an appropriate agenda; requests from other parties will be placed on an appropriate future agenda at the discretion of the staff liaison. (2)Approval of the Agenda The agenda shall be approved at each meeting prior to discussion of any item on the agenda. At the time of agenda approval, items may be removed and the order of business may be modified by a majority vote of members present at the meeting. No items shall be added to the agenda unless deemed as urgent by the staff liaison. 274 BYLAWS—Police Employment, Accountability and Community Engagement (PEACE) Commission 6 (3)Future Agendas At each meeting, the staff liaison shall provide a list of future agenda items. Commission members present may communicate items recommended for inclusion on future agendas. All items must be consistent with the Commission’s mission and annual work plan. The Commission may ask the Council to amend its work plan if it wishes to add or remove items from its work plan during the year. B.Records. All minutes and resolutions shall be in writing and shall be kept in accordance with City procedures, Minnesota Statute and Rules regarding preservation of public records and the Minnesota Government Data Practices Act. The following is an inexhaustive list of Commission records. The Commission may approve any document or record not listed to be retained as an official record by a majority vote. •GVPD Organizational chart •Anonymized recruitment and retention demographic report by position maintained by the Human Resources Department •Records of classification studies, actions and job descriptions (describing typical duties, responsibilities and minimum qualifications) •Documents produced as a result of commission work or relied on by the commission to carry out its work •All data published by the Golden Valley Police Department on the GVPD window or similar data portal. C.Work Plan. The Commission will draft an annual work plan that details activities and projected timelines for the upcoming year. •The Chair may appoint Commissioners to be primarily responsible for each work plan activity. •The Commission may establish subcommittees to oversee work plan activities. The subcommittees will be chaired by Commissioners appointed by the Chair. •The Commission’s work plan will be submitted to the City Council, typically during the first quarter of the calendar year. The Chair and/or Commissioners will attend a Council/Manager meeting to discuss the annual work plan with the City Council. •The Commission’s work plan must be agreed upon by the City Council. D.Annual Report. The Commission shall submit an annual report to the City Council summarizing the past year's activities. The report may highlight information the Commission finds appropriate to convey to the City Council. •The Chair or Vice-Chair will prepare the report for approval by the Commission. Commission members may submit signed addenda presenting alternative conclusions or perspectives. •The report and addenda are submitted to Council with the current year work plan in the first quarter of the calendar year or as soon thereafter as possible. 275 BYLAWS—Police Employment, Accountability and Community Engagement (PEACE) Commission 7 E.Subcommittees. The Commission may create subcommittees to plan and direct activities related to the duties and responsibilities of the Commission and to facilitate and implement work plan activities. •Subcommittees will be chaired by Commissioners appointed by the Chair and shall not consist of a majority or more of currently appointed Commission members. •A majority of the subcommittee must be present to conduct business, including the subcommittee chair. •The Commission may consolidate or dissolve subcommittees at any time. •The subcommittee chair may appoint other Commissioners and community members to the subcommittee, provided that the subcommittee at no time consists of a majority or more of currently appointed Commissioners. •The subcommittee chair shall report back to the Commission about its activities as an agenda item at regular Commission meetings. •Subcommittee meetings shall be held at a date and time that does not conflict with the Commission’s regular and special meetings. The staff liaison shall be notified of the date, time, location and topic of all Subcommittee meetings. F.Performance of Duties. Commissioners are expected to adequately prepare for meetings. Commissioners unable to complete an assigned task should notify the commission chair or subcommittee chair as soon as possible. All members are expected to actively participate in the substantive work or participate in a subcommittee. The staff liaison may ask the City Council to review a Commissioner’s appointment based upon its assessment of significant lack of performance. Article V: Amendments and Revisions The Commission will review these bylaws no later than the second meeting after May 1 every three years. Members may present recommendations for changes and amendments. These bylaws can be altered or amended at any regular monthly Commission meeting with a majority of members present, provided that notice of the proposed changes and amendments is provided to each member at least 10 business days before the meeting. The Council must review and approve any changes to, and has final authority regarding, these bylaws. Article VI: Definitions For purposes of the of the PEACE Commission’s work, the following terms shall have the meanings given below: •Accountability: A range of actions to mitigate harm and to restore mutual respect, as defined by impacted parties and the Commission. •Community: Residents, visitors, businesses owners, workers and members of surrounding communities that interact and utilize GVPD services. 276 BYLAWS—Police Employment, Accountability and Community Engagement (PEACE) Commission 8 •Community Engagement: Conversations and activities that promote reciprocal communication of knowledge, perspectives and ideas to build trust and mutual respect between community members and GVPD. •Data: Quantitative and qualitative information, including narratives from all perspectives, gathered, synthesized and published by GVPD, the PEACE Commission or other organizations relevant to the work of the Commission. •Gender fluid: Individuals whose gender varies over time. A gender fluid person at any time may identify as male, female, gender, or any other non-binary identity or some combination of identities. •Gender non-conforming: Individuals who do not adhere to the traditional gender expectations for appearance and behavior of people of their assigned gender. Some identify as transgender, but others do not. •Historically harmed: Individuals and groups associated with social identities that have been historically and presently harmed by the American system of policing (i.e. LGBTQ+, American Descendants of Slaves (ADOS), Black, Indigenous and Latina/o/x community members, individuals with mental and physical dis/abilities, immigrants, refugees, etc). •Public Safety Services: Programs, responses, and interactions provided to meet the safety and wellness needs of all community members, including both the providers and recipients of the services, with the intent to maintain dignity, build respect, detect and prevent crime, or enforce the law. The term Public Safety Services reflects the evolution of the role of peace officers from a focus on criminal detection, prevention, and enforcement, to a community-driven service model that values learning from and sharing power with community and aims to reduce trauma responses traditionally associated with policing in historically harmed communities like members of the Black, Brown, Indigenous and LGBTQ + communities. •Racism: The normalization and legitimization of an array of dynamics – historical, cultural, institutional, and interpersonal – that routinely advantage Whites while producing cumulative and chronic adverse outcomes for Black, Indigenous, and People of Color (racialequitytools.org). •Transparency: A principle of institutional commitment to be open and forthcoming with data and information. 277 Review of Council Calendar Event Event Time Location MARCH Thursday, March 23 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM HybridBrookview - Valley View Room APRIL Tuesday, April 4City Council Meeting 6:30 PM Hybrid - Council Chambers Tuesday, April 11Council Work Session 6:30 PM Hybrid - Council Conference Room Tuesday, April 18City Council Meeting 6:30 PM Hybrid - Council Chambers Thursday, April 27 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM HybridBrookview - Valley View RoomBoard/Commission Recognition Dinner 5:30 PM Brookview MAY Tuesday, May 2City Council Meeting 6:30 PM Hybrid - Council Chambers Tuesday, May 9HRA Work Session 6:30 PM Hybrid - Council Conference RoomCouncil Work Session 6:30 PM Hybrid - Council Conference Room Tuesday, May 16City Council Meeting 6:30 PM Hybrid - Council Chambers 278