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10-17-23 City Council Agenda October 17, 2023 — 6:30 PM Council Chambers Hybrid Meeting 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.Roll Call 1C.Proclamation Recognizing the League of Women Voters of Golden Valley for 75 Years of Service 1D.Elevate Business Hennepin County Presentation 1E.Home Ownership Program for Equity Regional Leaders and Innovators Award from the Minneapolis Regional Chamber 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 Regular City Council Meeting of October 3, 2023 3B.Approval of City Check Registers 3C.Bids, Quotes, and Contracts: 3C.1.Approve Professional Services Agreement with Paradigm Public Affairs LLC 3D.Grants and Donations: 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 2469 820 1909 and webinar password 1234. 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 2469 820 1909 and webinar password 1234. Press *3 to raise your hand during public comment sections. City of Golden Valley City Council Regular Meeting October 17, 2023 — 6:30 PM 1 3D.1.Adopt Resolution No. 23-092 Approving the Grant Application for a Hennepin County Business District Initiative Grant 3D.2.Approve First Amendment of TBRA Cleanup Grant Agreement - Golden Valley Business Center 4.Public Hearing 4A.Adopt Resolution No. 23- 093 Authorizing the Extension of an Outdoor Service Area Permit for Outdoor Dining at Schuller's Tavern 5.Old Business 6.New Business 6A.Review of Council Calendar 6B.Mayor and Council Communications 1. Other Committee/Meeting updates 7.Adjournment City of Golden Valley City Council Regular Meeting October 17, 2023 — 6:30 PM 2 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 17, 2023 Agenda Item 1C. Proclamation Recognizing the League of Women Voters of Golden Valley for 75 Years of Service Prepared By Melissa Croft, Executive Assistant Summary The League of Women Voters of Golden Valley (LWVGV) has been serving the community since 1948, when the organization was officially recognized as a local league by the National and State Leagues of Women Voters. The City acknowledges and thanks the organization and its members, both past and present, for their dedication and service to the people of Golden Valley. The LWVGV are having a celebration on Saturday, November 11, 2023 to mark this momentous occasion. Marti Micks, LWVGV President, will be in attendance at the Council meeting to receive the proclamation and answer any questions the Council may have. Legal Considerations This item did not require legal review. Equity Considerations This item did not require equity review. Recommended Action Motion to support a proclamation recognizing the League of Women Voters of Golden Valley for 75 years of service. Supporting Documents Proclamation Recognizing the League of Women Voters of Golden Valley for 75 Years of Service 3 CITY OF GOLDEN VALLEY PROCLAMATION RECOGNIZING THE LEAGUE OF WOMEN VOTERS OF GOLDEN VALLEY FOR 75 YEARS OF SERVICE WHEREAS, the purpose of the League of Women Voters is to promote informed and active participation of citizens in government at all levels and is nonpartisan: it never supports or opposes candidates or political parties; and WHEREAS, in January 1946, five women met to organize a League of Women Voters group in Golden Valley; and WHEREAS, the Golden Valley League of Women Voters (GVLWV) was officially recognized by the National and State Leagues of Women Voters in January 1948; and WHEREAS, between 1950 and 1975, the GVLWV studied and worked for the present form of village (now city) government; a complete system of parks, walking and biking trails; open space protection; bond issues for purchase of Brookview Park and Golf Course; a comprehensive land use and traffic plan; a responsive and service- oriented police department; greater diversity of housing to include low and moderate income families and the elderly; a local Housing and Redevelopment Authority; and a city government that emphasized responsiveness and transparency in budget planning and an adequate contingency fund; and WHEREAS, in this same period, the GVLWV compiled and distributed Voter Guides, provided registration service and election hot-line assistance and precinct reporting assistance; and WHEREAS, in 1974 the GVLWV welcomed its first male member; and WHEREAS, before 1995, Golden Valley’s first female City Council member, first female mayor, the first female legislator representing all of Golden Valley, and the first female chair of the Metropolitan Council were all members of the GVLWV; and WHEREAS, by 1984, the official name became the League of Women Voters of Golden Valley (LWVGV); and 4 WHEREAS, since 1975, the LWVGV has worked for adoption of city-wide curbside recycling pickup; adequate human service needs and temporary crisis housing; legalization of accessory housing in owner-occupied homes; and redevelopment of the Valley Square area. League members carried out and analyzed city-wide surveys to assess citizens’ satisfaction with city services, current and projected housing needs, and attitudes toward construction of a community swimming pool. It held conversations on Race in Golden Valley, conducted a series of conversations on the U.S. Constitution, studied charter schools and garbage hauling; and WHEREAS, the LWVGV has held candidate forums for city council, Hennepin County Commission, state legislature, judgeships, and U.S. Congress; registered voters, provided online Voter Guide and nonpartisan information to voters; and WHEREAS, the LWVGV celebrates its 75th Anniversary of service to the community in 2023. NOW, THEREFORE, BE IT RESOLVED that the Golden Valley City Council does hereby recognize and publicly thank the League of Women Voters of Golden Valley for 75 years of service and proclaim our sincere appreciation to members, past and present, for their commitment and contributions to the community. IN WITNESS WHEREOF, that I, Shepard M. Harris, Mayor of the City of Golden Valley have hereunto set my hand and caused the seal of the City to be affixed this 17th day of October, 2023. ___________________________ Shepard M. Harris, Mayor 5 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 17, 2023 Agenda Item 1D. Elevate Business Hennepin County Presentation Prepared By Cherie Shoquist, Housing and Economic Development Manager Summary Elevate Hennepin, founded by Hennepin County in collaboration with city partners including the City of Golden Valley, aims to redefine the relationship between business and government with success translating to more jobs, improved livelihoods, vibrant communities, and greater opportunities for Hennepin County residents. The City of Golden Valley Signed on as a partner agency in 2023 and agreed to help promote the program to our business and residential community. Elevate Hennepin brings together experts, tools, and programs thoughtfully designed to help new and established businesses gain their footing, plan for next steps, and expand upon their success. Thanks to support from Hennepin County and partner cities, Elevate Hennepin brings a wealth of free advisors, programs, cohort learning, events, and more to small businesses. The only cost to businesses is the time invested. It’s a hub for business advising and support, connecting business leaders to mentorship, education, low-barrier financing, and more. It’s where founders and entrepreneurs share knowledge and support. It’s a one-stop business support network. Financial or Budget Considerations None Legal Considerations None Equity Considerations Elevate Hennepin aims to advance an inclusive and equitable economy in Hennepin County and beyond. This economy will be made by the hands of those starting from scratch, building something fresh, striking out and stretching the marketplace with new ideas, ingenuity, and determination. For our economy to work for everyone, it needs everyone. Recommended Action Information only Supporting Documents 6 Elevate Hennepin.pdf 7 Elevate HennepinSM 8 Elevate Hennepin Objectives •Hennepin County will be among the best places in the nation to start and scale ventures that build shared wealth and prosperity. Provide needed resources to businesses that •Continue to navigate financial hardship, and •Position businesses to pivot in response to changes in the marketplace 9 Welcome to Elevate HennepinSM www.elevatehennepin.org •Curated hub representing multiple agencies (SBA, DEED, Local) •Small business events •Services and resources •Lending pathways •Content connector •Professional business resources •Provided by Hennepin County for Hennepin County Businesses Dante Williams, Owner of Vent 10 Vanessa Drews, Owner of Cheesecake Funk Services for Businesses •Provided by Hennepin County for Hennepin County Businesses •Curated 1:1 business advisory services •30+ professional advisors •Cohort learning •Content connection (SBA, DEED, Library, Advisors) •Personal navigation – 15 minute consult •Standardizing intake 11 •Elevate Hennepin consulting, advising, and mentorship •Lending Pathways •Elevate Hennepin consulting, advising, and mentorship •Cohort based and on-demand learning •The Coven digital membership Startup Microenterprise(1-4 employees) Early growth(5-9 employees) Second stage(10-99 employees) 12 One-on-One Consulting 13 Professional Advisors •Mission driven for-profit or non-profits •Community-based •Culturally-specific, multi-lingual •Specialized, practical and professional business advisory services 14 Advisor Services •Business planning •Legal •Marketing •Financial management / projections •Lending and preparation to access capital •Human resources •Technology supports All consulting costs are paid for by Hennepin County, no cost to you! 15 Hennepin County currently contracts with 39 Business Advisors to provide cohort learning opportunities, professional consulting services, and 1:1 business advising. 92% Locally Led69% Women Led69% BIPOC Led 9January 2023 Elevate Hennepin Advisor Network •A&M Associates •ACER •African Development Center •Ahmed Mohidin DBA Sigma Consulting •Asian Media Access •Backpocket Strategy •Better Business Bureau •Clear Talk Accounting •ConnectUp! Institute •Co-Starters •Davis Law Office •Edward Lowe Foundation •Enviro-Tech •Hmong American Partnership •Hortensia Law Office •IFRI, LLC •Impact Hub •Interise •JLLB Media •Kharis Consultants •Khoo Consulting •Latino Economic Development Center •Led by Truth •LegalCORPS •Makee Company •MBMentors •Minnesota Social Impact Center •Neighborhood Development Center •New American Development Center •New Publica •NextStage •Propel Nonprofits •Raven Construction •Springboard for the Arts •Technologist Computers SBC •The Coven •The Activate Network •Victor Jones Consulting •Women Venture Updated August 2023 16 Workshops opportunities 17 Helping Businesses Grow Strengthen infrastructure Expand customers/brand/markets Path to the next level Two separate opportunities based on business stage Peer learning, education, research Heidi Oas, Air Quality Engineering, CNBI Alum CEO Growth Series 18 Elevate Tech Essentials •Support to incorporate technology into business •Tech needs assessment •Online marketing and social media •CRM, Software, time-saving technology •Cohort delivery by two entities •75% reimbursement for implementation 19 Elevate Construction •1:1 consulting, specialized services from trusted construction industry experts •Construction Intensive Workshop •Working Capital Cohort Purchasing partnerships Certified Access Academy •Supporting Women of Color entrepreneurs contracting with government and corporate entities Elevate Nonprofits •Prepare and build capacity for nonprofits to contract with Hennepin County 20 www.elevatehennepin.org 21 15 Elevate Hennepin by the numbers 1,925 Businesses and entrepreneurs accessed 1:1 & cohort programming 16,941 Hours of 1:1 advising provided 30 Hennepin cities represented 8 Average hours of 1:1 advising per business Impacts generated between Nov 2020 – December 2022 22 23 Number of clients and hours by service type (2023 Q2) 211 80 75 50 32 20 0 50 100 150 200 250 GeneralBusinessServices Marketing Access toCapital Legal Services Construction& Non Profit Finance &Accounting Total = 397 businesses(some received multiple services) General Business Services37% Marketing18% Legal Services 16% Access to Capital15% Construction & NonProfit 10% Finance & Accounting4% Total = 3,026 hours Number of Businesses Hours of Assistance 24 18 Demographic characteristics (2023 YTD) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Race / Ethnicity of Business Owner Gender of Business Owner 44% - Black / African American 26% - White 6% - Hispanic / Latino 9% - Asian 5% - Multiracial / Other10% - Unknown 31% - Male 58% - Female 2% - Non-Binary 7% - Unknown Total =552 businesses 2% - Multiple 25 19 Business characteristics (2023 YTD) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Business Size - Gross Sales Business Size - Employees 35% - Less than $50,000 33% - $50,000 to $250,000 8% - $250,001 to $1 million 3% - $1 million or more 22% - No answer 38% - 1 to 4 18% - In Idea Stage 5% - 5 to 9 10% - No answer 25% - Self-Employed 6% - 10 to 99 Total =552 businesses 26 Leondra Mitchell, Founder and designer of Nichelle Lee Handmade Jewelry Expert help for county businesses “This is an amazing opportunity because I can pass off some ofthe work to consultants who are experts in their fields, and who also want to help otherbusinesses start.” 27 Questions? Mary Matze, Business Programs Portfoliomary.matze@hennepin.us 28 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 17, 2023 Agenda Item 1E. Home Ownership Program for Equity Regional Leaders and Innovators Award from the Minneapolis Regional Chamber Prepared By Cherie Shoquist, Housing and Economic Development Manager Summary The Minneapolis Regional Chamber and partners recently hosted the first annual Regional Leaders and Innovators Awards 2023 to honor municipal leaders throughout the Twin Cities who exemplify innovation, excellence, and commitment to the long-term economic success of their respective communities. Honorees were selected based on their contributions to innovative public policy solutions that advance the public good and demonstrate a commitment to efficient and effective government in one of the following areas: Workforce and Economic Development, Mobility (Transit/Transportation), Housing Affordability, Public Safety, and Sustainability. The City of Golden Valley was recognized as one of the Regional Leaders and Innovators Honorees in the area of Housing Affordability for the Home Ownership Program for Equity. Golden Valley's Home Ownership Program for Equity (HOPE) makes city-owned vacant property available for the development of housing for affordable and equitable homeownership. The goal is to help reduce racial disparity in homeownership, build wealth, provide long-term affordability, and support Disadvantaged Business Enterprises (owned, operated, employed, contracted, subcontracted). Financial or Budget Considerations None Legal Considerations None Equity Considerations The City of Golden Valley strongly supports the development of affordable housing in our city, throughout the Metro Area, and across the State. Providing both affordable rental and homeownership opportunity is not only vital to providing all individuals and families with housing choice, but also with access to stable housing that impacts their health, education, employment, and 29 ability to build wealth. The suburban metro will benefit from the economic impact of providing the necessary supply of affordable housing in each of our communities and by providing affordable housing for all Black, Indigenous, people of color, and lower income members of our communities. Recommended Action Information only 30 October 3, 2023 —6:30 PM Council Chambers Hybrid Meeting CITY COUNCIL REGULAR MEETING MINUTES City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1.Call to Order Mayor Harris called the meeting to order at 6:30 pm. 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 Sophia Ginis, Maurice Harris, and Denise La Mere-Anderson Absent:Council Member Gillian Rosenquist Staff present: City Manager Cruikshank, City Attorney Cisneros, Police Chief Green, Finance Director Virnig, and City Clerk Schyma 2.Additions and Corrections to Agenda Motion by Ginis, Second by La Mere-Anderson to approve the agenda as submitted. Motion carried 4-0. 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 La Mere-Anderson, Second by M. Harris to approve the Consent Agenda as revised: removal of Items #3C. 1. Accept Resignation from the Diversity, Equity, and Inclusion Commission; and #3E.1. Approve Resolution No. 23-087 Accepting a Donation for GVPD's Trunk 'N' Treat Outreach Event From the Golden Valley Crime Prevention Fund. Motion carried 4-0. 31 3A. Approval of City Council Minutes: 3A.1. Minutes of the Special City Council Meeting of July 5, 2023 3A.2. Minutes of the Regular City Council Meeting of July 5, 2023 3A.3. Minutes of the Regular City Council Meeting of August 2, 2023 3A.4. Minutes of the Regular City Council Meeting of September 5, 2023 3A.5. Minutes of the Special City Council Meeting of September 19, 2023 3A.6. Minutes of the Regular City Council Meeting of September 19, 2023 3B. Approval of City Check Registers 3C. Boards, Commissions, and Task Forces: 3C.1. Accept Resignation from the Diversity, Equity, and Inclusion Commission 3C.2. Adopt Resolution No. 23-085 Approving an Appointment to the Bassett Creek Watershed Management Commission 3D.Bids, Quotes, and Contracts: 3D.1. Approve Purchase of Super Duty Pickups 3D.2. Adopt Resolution No. 23-086 Authorizing Execution of Joint Water Commission Wholesale Agreement with the City of Minneapolis 3E.Grants and Donations: 3E.1. Approve Resolution No. 23-087 Accepting a Donation for GVPD's Trunk 'N' Treat Outreach Event From the Golden Valley Crime Prevention Fund 3F.Adopt Resolution No. 23-088 Approving the Waiver of Public Hearing and Certification of Special Assessments - 2023 PMP Sanitary Sewer Repairs 3G.Adopt Resolution No. 23-089 Approving the Waiver of Public Hearing and Certification of Special Assessments - 2023 Private Driveways 3.Items Removed From the Consent Agenda: 3C.1. Accept Resignation from the Diversity, Equity, and Inclusion Commission Council Member Harris thanked David Berry for their service to the Diversity, Equity, and Inclusion Commission. The Council discussed current vacancies and the important work the commissions do for the community. Motion by M. Harris, Second by Ginis to accept the resignation of David Berry from the Diversity, Equity, and Inclusion Commission. Motion carried 4-0. 3E.1. Approve Resolution No. 23-087 Accepting a Donation for GVPD's Trunk 'N' Treat Outreach Event From the Golden Valley Crime Prevention Fund Council Member Ginis thanked the Golden Valley Crime Prevention Fund for their generous donation. She further stated that this event adds value to the community. Police Chief Green discussed the event festivities including the Teddy Bear Band, photos, and candy for people of all ages to enjoy. He also talked about several other community outreach events on the horizon. 32 Motion by Ginis, Second by M. Harris to adopt Resolution No. 23-087 accepting the donation from the Golden Valley Crime Prevention Fund for the GVPD Trunk ‘N’ Treat Outreach Event. Motion carried 4-0 with unanimous approval.(In Favor: S. Harris, Ginis, M. Harris, La Mere- Anderson. Opposed: N/A) 4.Public Hearing 4A. Public Hearing - Special Assessments for 2023 Delinquent Miscellaneous Charges, Resolution No. 23-090 Finance Director Virnig discussed the staff report, special assessment process, and types of miscellaneous charges that are included in the hearing. Mayor Harris opened the public hearing. As there were no comments, the public hearing was closed. Motion by M. Harris, Second by La Mere-Anderson to approve Resolution No. 23-090 adopting and confirming assessments for delinquent 2023 miscellaneous charges. Motion carried 4-0 with unanimous approval.(In Favor: S. Harris, Ginis, M. Harris, La Mere- Anderson. Opposed: N/A) 4B. Public Hearing - Special Assessments for 2023 Delinquent Utility Bills, Resolution No. 23- 091 Finance Director Virnig discussed the staff report and special assessment process for delinquent utility bills. Mayor Harris opened the public hearing. James Huber, 1920 Brunswick Avenue North, stated he was concerned about the late penalties he has been charged and does not believe the City is following state statutes concerning late fees and penalties. For these reasons he is objecting to the amount of his utility bill that is going to be assessed to his 2024 property taxes. Mayor Harris closed the public hearing. City Attorney Cisneros stated that if any changes or corrections need to be made to individual utility billing accounts, those adjustments can be made after approval of the resolution. She stated that staff would look into his concerns and reach out to Mr. Huber so that he has the opportunity to resolve his bill prior to the November 9 deadline. Motion by M. Harris, Second by Ginis to approve Resolution No. 23-091 adopting and confirming assessments for 2023 delinquent utility bills. Motion carried 4-0 with unanimous approval.(In Favor: S. Harris, Ginis, M. Harris, La Mere- Anderson. Opposed: N/A) 33 5.Old Business 6.New Business 6A. Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. 6B. Mayor and Council Communications 1. Other Committee/Meeting updates 7.Adjournment The meeting was adjourned by unanimous consent at 7:23 pm. ________________________________ ATTEST: Shepard M. Harris, Mayor ________________________________ Theresa J. Schyma, City Clerk 34 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 17, 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 against the City of Golden Valley. Document is located on city website at the following location: http://weblink-int/WebLink/browse.aspx?id=1000913&dbid=0&repo=GoldenValley The check register(s) for approval: 10-04-2023 Check Register 10-11-2023 Check Register Financial or Budget Considerations The check register is attached with the financing sources at the front of the document. Each check has a program code(s) where it was charged. Legal Considerations Not Applicable Equity Considerations Not Applicable Recommended Action Motion to authorize the payment of the bills as submitted. 35 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 17, 2023 Agenda Item 3C.1. Approve Professional Services Agreement with Paradigm Public Affairs LLC Prepared By Kirsten Santelices, Deputy City Manager/Human Resources Director Bethany Brunsell, Assistant Fire Chief Rudy Perez, Assistant Police Chief Seth Kaempfer, Equity and Inclusion Manager Summary The City of Golden Valley is one of four cities who received a Reducing Harm Through Collaborative Solutions grant from the Pohlad Family Foundation. The City, including its public safety leadership, have committed to providing public safety through an equity lens that is inclusive and community- centered. One of the ways the City can create and maintain enhanced equitable systems, is by increasing employee understanding of the local and national issues that have faced cities and the nation both presently and locally. As such, one of the pillars of the grant agreement is to provide tailored educational opportunities for Public Safety personnel. The project team for this initiative includes Assistant Fire Chief, Bethany Brunsell, Assistant Police Chief, Rudy Perez, Equity and Inclusion Manager, Seth Kaempfer, and Deputy City Manager/Human Resources Director, Kirsten Santelices. In August 2023, the City issued a Request for Proposals for diversity, equity, and inclusion training consultants. The City requested that the applicants consider collaborative, interactive, and engaging training that incorporates culturally responsive public safety strategies. Additionally, potential consultants were asked to create a scope of work that meets the following outcomes: Acknowledge historical context of Public Safety related to marginalized populations, both national and local. Make the connection between this historical context and its relationship current day practices and impact. Understand microaggressions and aggressions. Understand culture change. Ability to apply DEI concepts and practices, including acknowledging marginalized community experiences, in their roles, individually, collectively, and departmentally. Actively and directly participate in reimagining public safety. The City was fortunate to receive a number of proposals and the project team conducted an evaluation process to select its consultant. The project team selected Paradigm Public Affairs LLC, a full-service public sector management and leadership consulting firm established in 2018. Paradigm's 36 practice areas include diversity, equity, inclusion, and belonging (DEIB) and public safety. Paradigm's mission is to help and support government entities in building respectful, peaceful, and inclusive processes to bridge the gap between government and the multifaceted communities they serve. Additionally, Paradigm has extensive experience working with local governments across the country, specifically police and fire departments. The Paradigm team includes former law enforcement officers and public safety program directors, whose backgrounds also include specialization in restorative justice, justice system reform, peacemaking, and diversity, equity, inclusion, and belonging training. The project team looks forward to collaborating with Paradigm to design and deliver layered and sequential training that is dynamic and connects with public safety employees over the next 8-12 months. Financial or Budget Considerations $50,000 is funded through the Pohlad Family Foundation's Reducing Harm through Collaborative Solutions grant; $5,000 will be split between the Police, Fire, and Human Resources budgets. Legal Considerations This agreement was reviewed and approved by the City Attorney. Equity Considerations The City staff created and executed a request for proposals process in alignment with the City's Equity plan pillar: Economic Prosperity for All. Recommended Action Motion to Approve Professional Services Agreement with Paradigm Public Affairs, LLC Supporting Documents Paradigm Public Affairs LLC Agreement - 2023.pdf 37 1 PROFESSIONAL SERVICES AGREEMENT FOR DIVERSITY, EQUITY, AND INCLUSION TRAINING FOR CITY OF GOLDEN VALLEY PUBLIC SAFETY EMPLOYEES WITH PARADIGM PUBLIC AFFAIRS LLC. ______________________________ THIS AGREEMENT is made this October 17, 2023 (“Effective Date”) by and between Paradigm Public Affairs a Colorado limited liability company with its principal office located at 11757 W Ken Caryl Ave STE F-315, Littleton, CO 80127 and a Minnesota registered office at STE 1 202 N Cedar Ave Owatonna, MN 55060 (“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 providing diversity, equity, and inclusion training and consulting services. B. The City desires to hire Contractor to provide diversity, equity, inclusion, and belonging training services. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested services. D. The City desires to engage Contractor to provide the services described in this Agreement and Contractor is willing to provide such services on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and Contractor agree as follows: AGREEMENT 1. Services. Contractor agrees to provide the City with the services as described in the attached Exhibit A (the “Services”). Exhibit A shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. 2. Time for Completion. The Services shall be completed on or before December 31, 2024, provided that the parties may extend the stated deadlines upon mutual written agreement. This Agreement shall remain in force and effect commencing from the Effective Date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Contractor for the Services according to the terms on the attached Exhibit B. The consideration shall be for both the Services performed by Contractor and any expenses incurred by Contractor in performing the Services. Contractor shall submit statements to the City upon completion of the Services. The City shall pay Contractor within thirty (35) days after Contractor’s statements are submitted. 4. Termination. Notwithstanding any other provision herein to the contrary, this Agreement may be terminated as follows: 38 2 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 Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 5. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 6. Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Services either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by 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. 7. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 8. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; or costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 9. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; Professional Liability in an amount not less than $1,000,000.00 per occurrence; and Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence for bodily injury or death arising out of each occurrence, and $1,000,000.00 per occurrence for property damage, $2,000,000.00 aggregate. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Contractor shall 39 3 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. 10. Subcontracting. 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 Contractors, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this Agreement. Any instrument in violation of this provision is null and void. 11. Assignment. Neither the City nor 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. 12. Independent Contractor. Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the services which Contractor is to perform and is customarily engaged in the independent performance of the same or similar services for others. Contractor shall provide or contract for all required equipment and personnel. Contractor 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. 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 services 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. 13. 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 date Contractor agrees to provide the Services. 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. 14. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall constitute the entire agreement between the City and Contractor, and supersedes any other written or oral agreements between the City and Contractor. This Agreement may only be modified in a writing 40 4 signed by the City and Contractor. 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 Exhibits A and B, the terms of Exhibit B shall prevail. 15. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 16. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 17. Conflict of Interest. 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 Services. 18. Work Products and Ownership of Documents. All records, information, materials, and work product, including, but not limited to the completed reports, data collected from or created by the City or the City’s employees or agents, raw market data, survey data, market analysis data, and any other data, work product, or reports prepared or developed in connection with the provision of the Services pursuant to this Agreement shall become the property of the City, but Contractor may retain reproductions of such records, information, materials and work product. Regardless of when such information was provided or created, 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. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or interests in any intellectual property created by Contractor prior to the effective date of this Agreement; however, to the extent Contractor generates reports or recommendations for the City using proprietary processes or formulas, Contractor shall provide the City (1) factual support for such reports and recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the obligations in this paragraph shall survive the completion or termination of this Agreement. 19. Agreement Not Exclusive. The City retains the right to hire other professional Contractor service providers for this or other matters, in the City’s sole discretion. 20. 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. 21. No Discrimination. Contractor 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 41 5 termination of this Agreement. Contractor agrees to comply with the 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 Services 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. 22. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Kirsten Santelices the Deputy City Manager/Human Resources Director of the City, or designee. Contractor’s authorized agent for purposes of administration of this contract is Tanya Settles or designee who shall perform or supervise the performance of all Services. 23. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR Tanya Settles Paradigm Public Affairs 11757 W Ken Caryl Ave STE F-315, Littleton, CO 80127 tanyasettles@paradigmpublicaffairs.com THE CITY Kirsten Santelices City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 ksantelices@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 24. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 25. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 26. Payment of Subcontractors. Contractor agrees that it must pay any subcontractor within 10 days of the prime contractor’s receipt of payment from the City for undisputed Services provided by the subcontractor. Contractor agrees that it must pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorneys’ fees, incurred in bringing the action. 27. Publicity. At the City’s request, the City and Contractor shall develop language to use when discussing the Services. Contractor agrees that Contractor shall not release any publicity regarding the Services or 42 6 the subject matter of this Agreement without prior consent from the City. Contractor shall not use the City’s logo or state that the City endorses its services without the City’s advanced written approval. 28. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 29. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event 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. 30. Counterparts and Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as original signatures. 31. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. [Remainder of page left blank intentionally. Signature page follows.] 43 7 IN WITNESS WHEREOF, the City and Contractor have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. PARADIGM PUBLIC AFFAIRS LLC: CITY OF GOLDEN VALLEY: By: _________________________________ Name: ______________________________ Title: _______________________________ By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager 44 EXHIBIT A SCOPE OF SERVICES Diversity, Equity, and Inclusion Training Consultant for Public Safety Our fees are set at a flat rate of $275 per billable hour for all services and all staff. We develop costs based on the following factors: • Our work plan narrative presented in the proposal and summarized in this schedule and scope of work; • Our staffing plan and resource allocation with provides the City with the appropriate number of consultants and a level of expertise to complete the tasks defined in the RFP, and; • Our experience in conducting projects of similar size and scope. Additional services not described in this proposal may result in a change in cost. Our price to conduct this project is not to exceed $49,775 in professional fees plus up to $5,000 in reimbursable direct expenses related to travel. TASK DESCRIPTION TIMEFRAME HOURS COST Preliminaries and Discovery Facilitate a kickoff meeting; confirm scope; conduct initial interviews; high level discovery, and communication strategy design November 2023 8 $2,200 Initiate Minnesota POST Approval for Continuing Education Credit Work with Police Department leadership to navigate approval process, submit required documentation for review and approval to MN POST November 2023 4 $1,100 Education Design and Delivery (Layers 1 and 2) Build Trust and Dispel Myths Design and implement information sessions for fire and police personnel to introduce education process and programs (delivered onsite); may occur during same site visit as focus groups Late November 2023 14 $3,850 Interviews and Focus Groups to Inform Content Up to 10 interviews with key stakeholders (some may be virtual), up to 3 (onsite) focus groups with police and fire professionals to gain staff perspective on areas of need, gaps in knowledge, and interests. Late November/ Early December 22 $6,050 Data Analysis and Reporting Analyze all qualitative information and data; prepare report of key findings (may include a presentation to leadership as needed) December 2023 6 $1,650 Design and Execute Layer 1 Education (asynchronous/online During the month of November, customize and design new content for layer 1 education deploy learning module for fire and police personnel. During the month of December, open online learning to participants. During this time, November 2023 – December 2023 18 $4,950 45 one Paradigm team member will monitor participation, help troubleshoot the learning management system, respond to questions. Paradigm will report to City on participation and completion rates. Design Layer 2 Education (in person deliver) Design/customize content for 4 contact hours of training for each police and fire training will be delivered in-person by 2 facilitators for each session December 2023-January 2024 22 $6,050 Layer 2 Education Review and Communication Alignment Submit draft training materials for City feedback, revise and finalize content prepare materials. Early January 2024 5 $1,375 Layer 2 Education Delivery Deliver up to 5, 4-hour sessions (2 Police, 3 Fire; up to 20 people each, 2 facilitators); deliver is on-site/in-person January 2024 40 $11,000 Reporting and Layer 3 Education Reporting Prepare report on learning outcomes, challenges, success from Layer 2 Education February 2024 10 $2,750 Layer 3 Education Collaborate with city on Layer 3 needs; design and deliver education (may include 1:1 coaching, strategy development, leadership support). Depending on needs, Layer 3 education may be delivered in person or virtually. February – March 2024 26 $7,150 Wrap-up and Final Reporting Project wrap up, final report on education outcomes and next steps; engagement closure (may include presentations as needed). March 2024 6 $1,650 After Consultancy Maintenance Up to 2 hours per month for 1 year of after- engagement consultancy for any purpose related to this project (virtual) April 2024 – April 2025 24 No Charge TOTALS FOR BILLABLE HOURS (does not include maintenance consultancy) 181 $49,775 REIMBURSABLE DIRECT EXPENSES (Primarily travel reimbursement) $5,000 TOTAL PROJECT COST $54,775 46 EXHIBIT B FEE SCHEDULE Payment: Payment schedule for services described in this statement of work: • 25% of Professional Fees will be billed and payable upon contract initiation. • The remaining professional fees and reimbursable expenses will be invoiced monthly until the work plan budget is exhausted. • All prices are guaranteed for twelve (12) months from the date of execution of the contract. Reimbursements: Travel and out-of-pocket expenses (e.g., airfare, hotel, rental car, ground transportation, parking, mileage, meals, etc.) are included in the agreed upon scope of work as described. Additional requests from the client may result in additional costs that are billed and payable as incurred. 47 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 17, 2023 Agenda Item 3D.1. Adopt Resolution No. 23-092 Approving the Grant Application for a Hennepin County Business District Initiative Grant Prepared By Myles Campbell, Planner Alma Flores, Community Development Director Summary In 2021, the City completed it's three-phase Downtown Study, examining how the area around the intersection of Golden Valley Road and Winnetka Ave could redevelop in the future. This document provides the City with long-term guidance on its land uses and the pattern of redevelopment within the downtown. The Community Development Director and Public Works Director would like to work with a consultant to further advance the planning for downtown, via the creation of a streetscape improvement and wayfinding plan. Unlike the Downtown Study, which had a broad focus, the streetscape improvement and wayfinding plan would focus on public roadways, infrastructure needs, pedestrian improvements, and wayfinding, among others. The intent is for this streetscape and wayfinding plan to then inform decision-making as the downtown redevelops and to establish priorities for making downtown Golden Valley a more walkable and attractive commercial core. The City is seeking $35,000 from the Business District Initiative Grant, which would be matched by an equivalent amount from the city's 2024 CIP budget. The combined $70,000 would cover the costs of hiring a consultant to conduct both in person and online community engagement, to draft best practices for streetscape and wayfinding downtown, and to collate these recommendations into a plan document that would help guide the housing and redevelopment work. Financial or Budget Considerations As noted above, the grant does require a match from the municipality, which would be drawn from funds in the 2024 CIP budget. Legal Considerations Community Development staff will work with the City Attorney on the review of any necessary Grant Agreement documents should the grant be awarded. Equity Considerations A cohesive plan for improving the walkability of downtown, in conjunction with other improvements such as additional housing and transit access, will help make downtown Golden Valley more accessible 48 to everyone, and especially to those who may not have a personal vehicle. Recommended Action Motion to adopt Resolution No. 23-092 approving the grant application for a Hennepin County Business District Initiative Grant. Supporting Documents 2023 BDI Application Resolution No. 23-092 - Authorizing BDI Application 49 2023 Business District Initiative Application Form Page 1 APPLICATION FORM 2023 Business District Initiative program Submittal Applications must be submitted via the Hennepin County Supplier Portal by 3:00 p.m. October 5, 2023.You must be registered, or complete a user registration in the Supplier Portal,in order to submit an application. General program questions must be submitted to Ryan Kelley, via email:ryan.kelley@hennepin.us by 3:00 p.m. September 26, 2023. Applicant Government Agency (contracting entity if awarded funds):City of Golden Valley Contact person name:Alma Flores Contact person title:Community Development Director Contact person phone number:763-593-8008 Contact person email address:aflores@goldenvalleymn.gov Please check the following box for attestation. Please attach a statement disclosing any conflicts of interest. ⾙ You, the applicant, certify that you have no conflicts of interest, or will disclose any conflicts of interest in accordance with 3.10 of the request for proposal solicitation. Request Amount (max request of $50,000):$35,000 Match –amount and source(s):$35,000 –City Budget Project name:Downtown Golden Valley Streetscape Improvement and Wayfinding Plan Project location:Downtown Golden Valley Overall Context Please include a map and images to give context of area.Provide your best estimate to questions on the business district information. 1.Name of the business district: Golden Valley Downtown 2.Does the City consider this a formal business district? Yes 3.Number of businesses in the district:83 business unit spaces (76 commercial, 7 industrial), 60 active businesses based on staff analysis, plus the City Hall campus, Hennepin County Library,and the United States Post Office 50 2023 Business District Initiative Application Form Page 2 4.Number of small businesses (<50 full-time equivalent employees): Majority of the commercial uses in the district are franchises or businesses with multiple locations. Staff estimates a quarter of the businesses would be considered a “small business” under this definition. 5.Estimated number of BIPOC- and/or women-owned businesses in the district? Estimated 2-10 DBE/WBE/MBE businesses within downtown. No formal tracking is carried out by City Staff, this is based on previous engagement with businesses. The city does not currently have a business license that would make tracking less of a challenge. 6.Types of businesses in this district: a. Northeast – primarily institutional uses including municipal facilities, county library, and a natural area along Bassett Creek, as well as a McDonald’s restaurant; there is an office building and a multifamily senior housing facility. b. Southeast – Golden Valley Commons—local and community serving businesses inclusive of retail, restaurant, and service businesses such as Leann Chin, Starbucks, Nail Salon, Wine, and the U.S. Post Office c. Southwest – Golden Valley Shopping Center retail, restaurant, and service businesses that include several franchises, a hardware store, and clothing stores; some freestanding businesses west of the shopping center d. Northwest – residences along Golden Valley Drive and Winnetka; Golden Valley Town Square mixed use building (retail/office); industrial and commercial businesses north of Bassett Creek 7.Number of property owners in the district: 156 (134 residential condo units) 8.Estimated number of jobs in the district: 1,530 (based on ReferenceUSA data of verified businesses) Project Be thorough yet concise. If you are proposing more than one activity, be sure to number each activity and use the same numbering order when answering all questions. 9. Provide a brief description of the business district activities you propose and describe how they address BDI priorities. The City is looking to continue its planning efforts regarding its downtown, the four quadrants of blocks surrounding the intersection of Winnetka and Golden Valley Road. The City is looking to work with a consultant to develop a Streetscape Improvement and Wayfinding Plan, the purpose of which would be to understand the demands proposed redevelopment would place on public infrastructure, as well as to examine design options to improve the area’s walkability and wayfinding. In this way the city hopes to better support existing and potential commercial users, and local residents who utilize the district as employees and consumers. 10. Why is this district a priority for the City at this time? Golden Valley’s downtown serves as a hub of the community with its mix of commercial uses, denser residential housing, and governmental services. This area was identified as a priority redevelopment area with the City’s 2040 Comprehensive Plan, and the City has also previously conducted a three-phase Downtown Study, with the last phase wrapping up in Fall of 2021, that identified a number of redevelopment scenarios. This Streetscape Improvement and Wayfinding Plan would directly build upon the work and momentum of the Downtown Study by further defining the infrastructure needs to support the City’s long-range plans and assist visitors, businesses, residents, and customers alike through easy to navigate and accessible wayfinding. 51 2023 Business District Initiative Application Form Page 3 11. Are there other public or private investments or actions currently underway or planned in the business district? If so, how does this proposed project strategically align with those investments? Currently in progress is the mixed-use redevelopment of 8200 and 8240 Golden Valley Road-- Sentinel. The Sentinel Project involves the redevelopment of 3.8 acres of land to provide a new bank location and a 303-unit 5-6 story apartment building. This project will tie into planned ROW improvements along Golden Valley Road and help spur conversations at the City-level for a more developed plan for ROW and infrastructure improvements. The additional housing will be of significant benefit to local businesses in conjunction with pedestrian improvements and customer base. 12. Describe how the proposed activities might address existing racial, ethnic, or economic disparities in your community: Currently the downtown area has a very car centric design, with busy roadways and large parking lots creating significant physical barriers for pedestrians. For households without a vehicle, it is inconvenient, impractical, or impossible to access downtown either as a patron or for employment. A cohesive plan for the local streetscape in conjunction with an emphasis on nearby affordable housing options will have a huge impact on reducing this particular economic and social disparity. 13. Describe what characteristics make this district walkable, and if not walkable, what plans the city is considering to make the district more walkable. Improving the walkability of the downtown is a major goal of the Streetscape Improvement and Wayfinding Plan. Among other topics, the Plan will examine: street realignment, ADA accessibility, wayfinding, ped crossings, and other aspects of improving walkability. 14. Explain how the proposed activity is (or could be) part of larger business district revitalization strategy that includes enhancing the economic and cultural viability of the business district and surrounding community? The Streetscape Improvement and Wayfinding Plan continues previous work looking to activate the commercial portions of downtown Golden Valley, and will set the City up for a clearer vision of the area as a whole when individual properties are redeveloped. Beyond the physical form of downtown, a stronger plan for budgeting these improvements will assist business and property owners both within the downtown and elsewhere, and the engagement could lead to further economic competitiveness programs. 15. Explain the need for BDI financial assistance, how it provides a public benefit, and how will it support future city or district wide projects? BDI funding would help to bridge an existing gap in the City’s budget for this type of project, and allow for a more technically relevant Streetscape plan to be produced by the consultant. This plan would go on to guide future redevelopment in the downtown, the City’s own Capital Improvement Plan, and help define the future built form of downtown Golden Valley. In the future we hope to able to provide programming such as a Façade Improvement Grant Program, build the capacity of the business community, and offer technical assistance alongside our partnership with Elevate Hennepin County. Implementation Be thorough yet concise. If you are proposing more than one activity, be sure to number each activity and use the same numbering order when answering all questions. 16. How were businesses engaged in the development of this proposal? Feel free to include letters of support. Most small businesses have not yet been engaged in the Streetscape Improvement and Wayfinding Plan BDI submittal, although this has been flagged as a responsibility of a potential 52 2023 Business District Initiative Application Form Page 4 consulting partner as part of our Downtown Revitalization Efforts. In recent years City has engaged local businesses on the Downtown Study and Business District Recovery Grant work during Covid. We will be engaging with the business, property ownership, stakeholders through the process of developing the plan. We will expect focus group, survey methods, polls, website presence, translated materials, community meetings, to communicate the proposed planning efforts in the development of the Plan. 17. How will businesses and the community be engaged in implementation efforts? In addition to broader targeted survey or outreach events, City staff would like to hear from current businesses on what they would like to see in terms of improvements to public space and services. This could be accomplished through a combination of survey and directed engagement such as the proposed design charrette. An additional interest group that staff would be interested in hearing from would be residents who work downtown. Outreach will involve translating materials into Spanish and Russian. 18. List the individuals who will perform the activities you propose. Indicate whether they are staff members, consultants, or others. Include a brief description of their experience achieving similar outcomes to what you are proposing in this application. If a consultant will be procured at a later time, describe how they will be chosen: Likely these engagement efforts will involve a combination of consulting partners and the City’s own outreach and economic development staff. 19. What is the anticipated timeframe for implementation of the identified activities? Have operating, or ongoing funds, or needed staff to manage the activities, been identified? The City’s matching funds have been included in the upcoming budget cycle and the hope is to have the Streetscape Improvement Plan completed in 2024. Facade Improvement Implementation- if not applicable, skip this section. Be thorough yet concise. If you are proposing more than one activity, be sure to number each activity and use the same numbering order when answering all questions. 20. Describe your process for ensuring quality and consistency of design of facade improvements: 21. Describe any financial match requirements for property owners to receive facade improvement funding. Explain whether or how financial need of property owners will be determined: 22. Explain the proposed process for reviewing and awarding facade improvement funding, including who reviews proposals, how funds are distributed (RFP or first-come, first-serve, etc.): 23. What will be the timing of grant disbursement to the sub-recipient? 24. Have both business owners and property owners been engaged in the improvement efforts? 25. Are benefiting property owners current on property taxes? 53 2023 Business District Initiative Application Form Page 5 Complete the outcomes, deliverables, and measures of success table: Activity Deliverables Outcome Measure of success Streetscape Improvement Plan - Wayfinding Options for improving City’s lack of existing wayfinding Cohesive and clear design that improves visitors experience to downtown and promotes business activity High Participation rate with survey amongst business owners, employees and residents who shop downtown. Buy in from city stakeholders/steering committee on proposed wayfinding. Streetscape Improvement Plan – Infrastructure Demands Measure the impacts of redevelopment on existing infrastructure Action plan tool kit identifying projects, costs, timing, funding An updated CIP with new factors taken into account and scheduled in a reasonable timeframe. Additional flagged funding sources for future grant applications. Streetscape Improvement Plan – Engagement Kickoff meeting, online survey, design charette, community steering committee Engagement summary for city and stakeholders to steer implementation Increased participation in planned engagement compared to previous Downtown Studies. Maintaining the created steering committee into the future to help evaluate redevelopment and investment. 54 2023 Business District Initiative Application Form Page 6 55 RESOLUTION NO. 23-092 RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION FOR THE HENNEPIN COUNTY BUSINESS DISTRICT INITIATIVE PROGRAM WHEREAS,the City of Golden Valley is a municipality within Hennepin County, and is therefore eligible to apply for funds under the Business District Initiative Grant Program; and WHEREAS,the City has identified a need for additional study on long-term improvements to city infrastructure in the downtown area to support local businesses and long-term redevelopment; and WHEREAS,the City has the institutional, managerial and financial capability to ensure adequate project and grant administration; and WHEREAS,the City certifies that it will comply with all applicable laws and regulations as stated in the contract grant agreements; and NOW, THEREFORE, BE IT RESOLVED,that the City Council of Golden Valley authorizes the City Manager or his/her designee to submit an application for Hennepin County Business District Initiative grant funds and to execute such agreements as may be necessary to implement the project on behalf of the City. Adopted by the City Council this 17thday of October, 2023. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 56 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 17, 2023 Agenda Item 3D.2. Approve First Amendment of TBRA Cleanup Grant Agreement - Golden Valley Business Center Prepared By Myles Campbell, Planner Summary In July 2022, the City Council accepted a grant award from the Metropolitan Council's Tax Base Revitalization Account (TBRA) for clean up activities at the former Optum Health site. The Golden Valley Business Center (GVBC) redevelopment project has been progressing steadily with the help of these funds. That said, during demolition and the early stages of construction, the developer found that costs associated with asbestos abatement came out lower than expected, while costs for the removal of contaminated soil increased after a new patch of contaminated earth was discovered during demolition. With the assent of the Metropolitan Council, the developer would like to realign the uses of the approved funding towards costs relating to soil remediation and removal. This amendment would not change the overall amount of grant dollars awarded. Financial or Budget Considerations The TBRA grant (and associated DEED clean up dollars) have helped facilitate the redevelopment of an otherwise vacant office property. The Business Center will serve as a jobs provider locally, as well as contributing to the industrial tax base. No City dollars are required to match TBRA funds. Legal Considerations This Amendment has been reviewed by the City Attorney. Equity Considerations When complete, GVBC will provide a range of family-wage employment opportunities. Clearing environmental issues on a property will serve to ensure a healthy work environment for all employees, employers, and customers. Recommended Action Motion to authorize Mayor and City Manager to sign the First Amendment to Council Grant No. SG- 17698. Supporting Documents 57 First Amendment (SG-17698) Original Grant Agreement 58 Page 1 of 2 Amendment #2 to Grant No. SG-03389 rev. 2/22/18 Grant No. SG-17698 FIRST AMENDMENT OF METROPOLITAN LIVABLE COMMUNITIES ACT TAX BASE REVITALIZATION ACCOUNT GRANT AGREEMENT THIS AGREEMENT is made and entered into by the Metropolitan Council (“Council”) and the City of Golden Valley (“Grantee”). WHEREAS, in July 2022 the Grantee was awarded a $464,400.00 Tax Base Revitalization Account grant to help fund asbestos abatement and related environmental oversight associated with the Grantee’s Golden Valley Business Center project; and WHEREAS, on September 29, 2022 the Grantee and the Council entered into a grant agreement identified as Council Grant No. SG-17698 (“Agreement”) which made the grant funds available to the Grantee for Golden Valley Business Center project; and WHEREAS, on June 20, 2023 the Grantee requested an amendment to the project summary to include excavation of buried asbestos pipe, removal of contaminated soil, and associated environmental monitoring as eligible uses of the grant funds. NOW, THEREFORE, in consideration of the promises and covenants contained in this agreement, the Council and the Grantee agree to amend Grant No. SG-17698 as follows: The Project Summary attached to Grant No. SG-17698 and referenced in Section 2.03, Authorized Use of Grant Funds, is deleted in its entirety and is replaced with the attached Revised Project Summary, which is incorporated into and made a part of Grant No. SG-17698. Except for this amendment, the provisions of Grant No. SG-17698 shall remain in force and effect without change. **This portion intentionally left blank** 59 Page 2 of 2 Amendment #2 to Grant No. SG-03389 rev. 2/22/18 IN WITNESS WHEREOF, the Grantee and the Council have caused this agreement to be executed by their duly authorized representatives. This agreement is effective on the date of final execution by the Council. CITY OF GOLDEN VALLEY METROPOLITAN COUNCIL By: By: Its: Mayor Its: LisaBeth Barajas, Executive Director Community Development Division Date: Date: By: Its: City Manager Date: Approved as to form By: Its: Chris Carney Assistant County Attorney Date: 60 Revised Project Summary Grant # SG-17698 Grant Type Contamination Cleanup Applicant City of Golden Valley Project Name Business Center Project Location 6300 Olson Memorial Highway, Golden Valley Council District 6 – John Pacheco Jr Project Detail Contaminant history The 28-acre site includes a vacant, functionally obsolete office building formerly used by light industrial businesses. Historically, the site also included a rail spur. Contaminants of concern include asbestos within the existing building. No lead-based paint was found in the assessment provided. (Additional contaminants of concern to be addressed by other funding requests including tetrachloroethene (PCE) in the soil, and PCE and ethylbenzene in soil vapor.) Redevelopment project to start construction by the end of the grant term Expected benefits include replacement of the existing building with 99,750 square feet of office space and 299,250 square feet of industrial space in two new buildings. Jobs (FTEs) 185 Net tax capacity increase $1,006,000 Acres cleaned 28 Total housing units 0 Affordable units 0 Funding Grant amount $464,400 Funding partner requests $775,338 from DEED Previous LCA funding $0 Use of Funds Amount Uses to be completed by the end of the grant term $342,274 For asbestos abatement and related environmental oversight. $122,126 For: • Excavation, transport, and disposal of buried asbestos transite pipe • Removal, transport, and disposal of contaminated soil • Environmental monitoring, sampling, and reporting Comments Lead-based paint is not eligible for grant funding. 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 17, 2023 Agenda Item 4A. Adopt Resolution No. 23- 093 Authorizing the Extension of an Outdoor Service Area Permit for Outdoor Dining at Schuller's Tavern Prepared By Jason Zimmerman, Planning Manager Summary Paul Jacob is requesting an extension to the existing outdoor service area (OSA) permit to allow outdoor dining at 7345 Country Club Drive, the location of Schuller’s Tavern, to continue for another two years. Due to the zoning district in which the restaurant is located, an outdoor patio is not allowed as a permitted use due to limitations associated with expanding nonconformities. The issuance of an OSA permit allows this activity to take place on a temporary basis and with regular opportunities to review and to extend or terminate the permit. The applicant received an OSA permit in the summer of 2022 in order to install a patio and provide outdoor dining. The initial approval provided by the City Council at that time was valid for only one year (as code requires). An extension to the permit may cover two years at a time. Schuller’s has operated the outdoor patio for the last year with no concerns from neighbors expressed to staff, including Police, Inspections, Engineering, Public Works, Fire, and Planning. Patio hours end at 10 pm and any outdoor lighting is extinguished at this time. Discussion at Planning Commission At the September 27, 2023, Planning Commission meeting, no members of the public spoke on this request. No public comments were submitted via the Golden Valley Speaks web page. The Commissioners determined that a proposed condition regarding live music had been stripped by the City Council in 2022, so the Planning Commission amended the staff recommendation to remove that condition in 2023 as well. The Commission unanimously recommended approval (6-0) and praised the project, noting that over the last year of operation the City had received no complaints regarding its operation. Evaluation The findings and recommendations for an extension of an Outdoor Service Area Permit are based upon any or all of the following factors, as outlined in Section 113-31 (d)(4)(d) of the City Code: Factor Finding 86 1. Consistency with the Comprehensive Plan Standard met. The use is consistent with objectives in the Land Use Chapter of the 2040 Comp Plan, which include “Providing contemporary and flexible regulations that allow for new concepts in retail and service” and “Supporting non-residential growth opportunities while respecting adjacent properties.” 2. Effect upon Property Values Standard met. The use has not been shown to affect property values in a substantial way. If anything, the site amenities, including landscaping, have improved the appearance of the property and helped create value in the area. 3. Effect on Traffic Flow and Congestion Standard met. Traffic flows with the new patio continue to be typical for a commercial (restaurant) use. A majority of the trips utilize Country Club Drive which does not impact adjacent single-family properties. The site is well- positioned to be accessed via bicycle and on foot. A public bike rack was incorporated into the site plan. 4. Increase in Noise Levels Standard conditionally met. The use has not generated excessive noise. A berm with landscaping and a fence with extended height has helped to buffer adjacent single-family homes from any noises associated with the patio. The patio closes at 10 pm. 5. Generation of Odors, Dust, Smoke, Gas, or Vibration Standard met. The use has not generated excessive odors, dust, smoke, gas, or vibrations. 6. Any Increase in Pests or Vermin Standard met. The use has not attracted pests. 7. Visual Appearance Standard met. The improvements to the formerly open lawn have enhanced the appearance of the site. 8. Other Effects upon the General Public Health, Safety, and Welfare Standard met. In order to help address additional stormwater runoff generated by the new paved patio, a rain garden was installed on the west lawn. In addition, to avoid issues related to snow storage along the public sidewalk, the design of the planting bed was coordinated with City staff. Based on the findings above, staff recommends approval of an extension to the Outdoor Service Area Permit for 7345 Country Club Drive (Schuller's Tavern), allowing for outdoor dining on a patio for two additional years from the time of adoption. The approval of this extension would be subject to a condition limiting the hours of operation past 10 pm. Legal Considerations 87 The legal standards for the evaluation of an outdoor service area permit or its extension are the factors listed above. The City must make findings in response to each factor, and may make its approval of the permit contingent upon conditions as it determines they are necessary in order to prevent or minimize impacts to the surrounding area. However, any condition must have a “rational nexus” – or a reasonable connection – to the problem that it is purporting to address. Also, the measure of the solution being advanced must bear a “rough proportionality” to the burden being imposed on the City by the private action. In other words, the fix must align with the problem it is supposed to be solving. Equity Considerations With this item, the City worked with a long-time small business owner to support an expansion of services that helped them recover from the financial impacts of COVID-19. Staff, the Planning Commission, and the City Council acknowledged and worked through the complexities of the local and state zoning regulations to achieve the desired outcome. Recommended Action Motion to approve Resolution No. 23-093 authorizing the extension of an Outdoor Service Area Permit for Schuller's Tavern (7345 Country Club Drive), subject to the following conditions: 1. The extended term for the outdoor service area permit shall be for two years from issuance, at which time application must be made for an additional extension or else the use shall be discontinued. 2. Use of the patio must conclude by 10 pm, at which time all patio lighting must be extinguished. Supporting Documents Planning Commission memo dated September 27, 2023 DRAFT Planning Commission Minutes of September 27, 2023 Letter from Applicant Landscape plan dated April 15, 2022 Resolution No. 23-093 - Outdoor Service Area Extension - Schuller's 88 1 Date: September 27, 2023 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing – Extension of Outdoor Service Area Permit for 7345 Country Club Drive (Schuller’s) Property address: 7345 Country Club Drive Property owner: Ramez Ventures, LLC Applicant: Paul Jacob Lot size: 1.52 acres Zoning District: Single-Family Residential (R-1) Future land use: Single-Family Residential Current use: Restaurant Proposed outdoor use: Dining Adjacent uses: Golden Valley Country Club (north); single-family homes (east, south); multifamily residential, office: (west) 2022 aerial photo (Hennepin County) v 89 2 Summary of Request Paul Jacob is requesting an extension to the existing outdoor service area (OSA) permit to allow outdoor dining at 7345 Country Club Drive, the location of Schuller’s Tavern, to continue for another two years. Due to the zoning district in which the restau rant is located, an outdoor patio is not allowed as a permitted use due to limitations associated with expanding nonconformities. The issuance of an OSA permit allows this activity to take place on a temporary basis and with regular opportunities to review and to extend or terminate the permit. Background Schuller’s Tavern is located south of the Golden Valley Country Club at the intersection of Country Club Drive and Glenwood Avenue. The property is just over 1.5 acres and consists of the restaurant, a large parking lot, and an outdoor patio just to the west of the building. It is surrounded by single-family homes to the east and south, as well as a multifamily building providing senior care to the west and other office uses to the northwest. The property is zoned Single-Family Residential (R-1) but contains a commercial use making it nonconforming. State statute, as well as City Code, does not allow for the expansion of a nonconforming use, requiring the issuance of an outdoor service permit in order to utilize dining on the outdoor patio. The applicant received an OSA permit in the summer of 2022 in order to install a patio and provide outdoor dining. The initial approval provided by the City Council at that time was valid for only one year (as code requires). An extension to the permit may cover two years at a time. Proposal Schuller’s has operated the outdoor patio for the last year with no concerns from neighbors expressed to staff, including Police, Inspections, Engineering, Public Works, Fire, and Planning. As a reminder, a roughly 1,200 square foot paver patio was constructed with a capacity for approximately 50 customers just to the west of the existing building. A berm with vegetation and a fence was added to the south of the seating area to help mitigate any noise for the single -family homes to the south. ADA compliant access was provided to the sidewalk along Country Club Drive to the north. A pergola and fire pit were also included. Patio hours end at 10 pm and any outdoor lighting is extinguished at this time. Only live music is allowed and this is required to be provided without amplification. Public Comments As noted, staff have received no complaints regarding the outdoor patio over the last year. The request for an extension of the permit was posted on Golden Valley Speaks but as of the date of this memo no comments were received. 90 3 Evaluation The findings and recommendations for an OSA permit are based upon any or all of the following factors (which need not be weighed equally): Factor Finding 1. Consistency with the Comprehensive Plan Standard met. The use is consistent with objectives in the Land Use Chapter of the 2040 Comp Plan, which include “Providing contemporary and flexible regulations that allow for new concepts in retail and service” and “Supporting non-residential growth opportunities while respecting adjacent properties.” 2. Effect upon Property Values Standard met. The use has not been shown to affect property values in a substantial way. If anything, the site amenities, including landscaping, have improved the appearance of the property and helped create value in the area. 3. Effect on Traffic Flow and Congestion Standard met. Traffic flows with the new patio continue to be typical for a commercial (restaurant) use. A majority of the trips utilize Country Club Drive which does not impact adjacent single-family properties. The site is well- positioned to be accessed via bicycle and on foot. A public bike rack was incorporated into the site plan. 4. Increase in Noise Levels Standard conditionally met. The use has not generated excessive noise. A berm with landscaping and a fence with extended height has helped to buffer adjacent single-family homes from any noises associated with the patio. No amplifier is used in association with any live music performed on the patio. The patio closes at 10 pm. 5. Generation of Odors, Dust, Smoke, Gas, or Vibration Standard met. The use has not generated excessive odors, dust, smoke, gas, or vibrations. 6. Any Increase in Pests or Vermin Standard met. The use has not attracted pests. 91 4 Factor Finding 7. Visual Appearance Standard met. The improvements to the formerly open lawn have enhanced the appearance of the site. 8. Other Effects upon the General Public Health, Safety, and Welfare Standard met. In order to help address additional stormwater runoff generated by the new paved patio, a rain garden was installed on the west lawn. In addition, to avoid issues related to snow storage along the public sidewalk, the design of the planting bed was coordinated with City staff. Recommended Action Based on the findings above, staff recommends approval of an extension to Outdoor Service Area Permit 1, allowing for continued outdoor dining at 7345 Country Club Drive, subject to the following conditions: 1. The extended term for the outdoor service area permit shall be for two years from issuance, at which time application must be made for an additional extension or else the use shall be discontinued. 2. No amplifier or outdoor speaker system may be used in association with the patio or any live music performance. 3. Use of the patio must conclude by 10 pm, at which time all patio lighting must be extinguished. Attachments Letter from Applicant (1 page) Landscape plan dated April 15, 2022 (1 page) 92         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 Vice‐Chair Ruby.     Roll Call  Commissioners present: A. Barnstorff, B. Fricke, G. Cohen, M. McCormick, B. Meredith,             M. Ruby, C. Segelbaum   Commissioners absent:  A. Brookins  Staff present:     Jason Zimmerman – Planning Manager   Council Liaison:   Denise La Mere‐Anderson     2. Land Acknowledgement    3. Approval of Agenda  MOTION made by Commissioner Cohen, seconded by Commissioner Segelbaum, to approve the  agenda of September 27, 2023.   MOTION CARRIED    4. Approval of Minutes   September 11, 2023, Regular Meeting  MOTION made by Commissioner Segelbaum, seconded by Commissioner McCormick, to approve the  minutes of September 11, 2023.   MOTION CARRIED    5. Informal Public Hearing – Extension of Outdoor Service Area Permit for Schuller’s Tavern  Address: 7345 Country Club Drive  Applicant: Paul Jacob    Jason Zimmerman – Planning Manager, started with an introduction of Schuller’s, and the tavern’s  request. He offered a zoning background on the location and it being in an area zoned R1, and the  operation is a non‐conforming use.   Staff provided a background on the outdoor service area permit that was approved in 2022 and it  was initially approved by Council to remain valid for one year with a possible extension covering two  September 27, 2023 – 6:30 pm  Council Chambers  Hybrid    93 City of Golden Valley     Planning Commission Regular Meeting  September 27, 2023 – 6:30 pm       2  years at a time. The reason for this process was further explained as this is a commercial use in a  residential area. Staff discussed the process of creating temporary outdoor uses in the zoning code.  At this time the outdoor service area use is up for review and this allows staff to consider any  necessary conditions to prevent or minimize impact. Staff listed the eight factors, adding a couple are  no longer needed and two conditions to mitigate noise and light are relevant.     Recommended Action   Staff recommends approval of an extension to Outdoor Service Area Permit #1, allowing for  continued outdoor dining at 7345 Country Club Drive, subject to the following conditions:  1. The extended term for the outdoor service area permit shall be for two years from issuance,  at which time application must be made for an additional extension or else the use shall be  discontinued.  2. No amplifier or outdoor speaker system may be used in association with the patio or any  live music performance.  3. Use of the patio must conclude by 10 pm, at which time all patio lighting must be  extinguished.    Commissioner Segelbaum asked how staff came up with the 2‐year condition. Staff responded that  when the code language was adopted, Council was cautious and allowed 2‐year extensions are the  max for now. That may change in the future. Segelbaum asked if the tavern has maintained  compliance and what complaints the City has received as a result of this conditioned use. Staff  responded there have not been any complaints and prior to this meeting, staff reached out to police,  fire, public works, etc and no department has received complaints. In fact, staff received positive  comments from folks that have eaten there.     Vice‐Chair Ruby invited the applicant to speak.     Paul and Mark Jacob – applicants, gave a background and this patio was about a 30‐year process.  Their father bought this location in the 80’s and the plan was all his idea. The applicant pointed out  the sound barriers created to shield the direct neighbors from noise and direct excess noise towards  the golf course. The applicant also noted the 10pm patio cut off and added that the time was self‐ imposed. The patio has created a more family‐oriented setting and the patio was always the goal to  add to the tavern, not to rezone the area to commercial. The applicants added their commitment to  staying in this location and staying in the City.   Segelbaum asked if the applicants had any issues meeting the restrictions imposed by the temporary  use. The applicants responded that they hadn’t, and in fact operate this location’s patio similar to the  others. The only addition is coming before the Planning Commission and Council regularly to renew.  The applicants closed by adding that every summer, Schuller’s sees a dip in sales in the summer and  the goal of this patio was to prevent that. In the first year, they were already successful and business  remained steady.      Vice‐Chair Ruby opened the public hearing at 6:48.  94 City of Golden Valley     Planning Commission Regular Meeting  September 27, 2023 – 6:30 pm       3  Vice‐Chair Ruby noted there were no Golden Valley Speaks comments left prior to the meeting and  that staff did not receive comments otherwise in advance.   Vice‐Chair Ruby invited in person commenters to speak first.  There were no in person commenters.  Vice‐Chair Ruby invited remote callers to speak.  There were no remote callers.   Vice‐Chair Ruby closed the public comment portion at 6:50pm.    Vice‐Chair Ruby opened Commissioner discussion.   Commissioner Cohen noted that what has been put in place is working, magnified by the fact that  there are no complaints. Cohen added that he drove by with his windows down and the patio was  full and he didn’t hear any noise and likes the idea of making the extension longer than 2 years.   Commissioner McCormick added that patio seating is a great addition to the City and suspects there  would be more complaints if the patio closed. McCormick echoed Cohen’s statement that it would  be nice to have the extension last more than two years. Commissioner Meredith noted that he  cycles past the space and has utilized the patio, adding that he’s impressed with how well the  applicants maintain the property. Meredith also said making the extension last 5 years is advisable.  Commissioner Segelbaum mentioned a condition on acoustic music and said he is in favor of striking  that while adding a condition on excessive volume. McCormick asked if there were comments when  this was first passed about specific kinds of music. Staff responded they didn’t recall concerns about  music types but there was general concern about noise: music noise, car noise, people on the patio  etc. McCormick suggested the acoustic condition remain. Segelbaum pointed that he didn’t recall  concern about amplified music versus acoustic, and rather was suggesting a condition on volume  level, regardless of type.    Staff chimed in that live musicians can have small speakers for music and the restriction on sound  system speakers was to prevent overhead noise from orders being called out to the patio. Vice‐Chair  Ruby summarized and suggested the group offer more flexibility and not restrict more. As long as  they’re at a reasonable volume, maybe strike the second condition. The conversation continued  around volume restriction language and other areas where this is addressed. Commissioner  Barnstorff echoed the positive statements from earlier about the patio’s contribution to the area.  She added support making language more lenient around speakers and noise while noting the  applicant’s willingness to put restraints on themselves and ensure they’re not disruptive to the  community around them. The group and applicant discussed Council’s language at approval and  noted that background music was allowed. Staff found previous CC language that confirmed this and  the decision to strike the second condition was made.       MOTION made by Commissioner Cohen, seconded by Commissioner Meredith, to recommend  approval of an extension to Outdoor Service Area Permit #1, allowing for continued outdoor dining  at 7345 Country Club Drive, subject to the following conditions:  1. The extended term for the outdoor service area permit shall be for two years from  issuance, at which time application must be made for an additional extension or else the  use shall be discontinued.  95 City of Golden Valley     Planning Commission Regular Meeting  September 27, 2023 – 6:30 pm       4  2. Use of the patio must conclude by 10 pm, at which time all patio lighting must be  extinguished.  And amending staff’s recommendation by eliminating the condition that states: No amplifier or  outdoor speaker system may be used in association with the patio or any live music performance.  MOTION CARRIED    6. Discussion – Site Plan Review  Jason Zimmerman – Planning Manager, reminded the group that this conversation was presented at  the last meeting and gave a brief synopsis. For this meeting, he provided examples of site plan review  sections for other cities. He spoke more about how their process goes, compared to what Golden  Valley is currently doing and would like to do. Part of this process will be navigating where the  Planning Commission comes in to play for Mixed‐Use zoning. Staff went on to point out the areas  called out in the packet and offered direction to the commissioners on what pieces of information  are open to interpretation and thus could use input.   Zimmerman went on to discuss facades, code intent versus requirement, fees, review timelines, and  appeal processes.   Vice‐Chair Ruby reviewed the fee schedule for a concept plan meeting. He asked if the fee was for  one meeting or if it was the same fee for any consecutive meetings as well. Staff responded it is a  single fee for one concept plan meeting as after that meeting the concept is either approved or  directed to be altered. If the latter, then the contractor/developer works on a new concept and sets  up a new concept plan meeting. Ruby followed by asking how often this situation comes up.  Zimmerman responded he’s worked for the City for 10 years and has had three Mixed‐Use site  review plans come before the City.   The conversation continued on the benefit of setting expectations and how codified the process will  be. Staff noted that expectations will be in code but Commission interpretations, feedback, and how  that applies won’t be in code.   – End of Televised Portion of Meeting –  7. Council Liaison Report  Council Member La Mere‐Anderson was not present. Zimmerman summarized the discussion at the  last Council Work Session where potential changes to the Home Occupation regulations were  discussed. The Council agreed to revisit the topic in January and decide then if they want to add it as  a work item for 2024.     8. Other Business  Commissioner Barnstorff will be the representative to the BZA for October.    9. Adjournment  Meeting adjourned at 7:58pm.                                                                                                        ________________________________      ________________________________                 Secretary, Mary McCormick        Amie Kolesar, Planning Assistant  96 97 6 - Pine, White Angel FallsPine, White Angel Falls3 - Boulder 152 - Boulder 15Boulder 1737 - Grass, Foerster's Feather Reed4 - Cedar, Blue BallPergola 12x203 - Fence665 - Fence66Emergency Exit10 - Daylily, 'Happy Returns'17 - Daylily, 'Happy Returns'2 - Crabapple, Royal GemHydrangea, Edgy HeartsHydrangea, LimelightPine, Bristlecone, Joe's BessHandrail18" diamond blk retaining wall9" rampServing stationFlower, AnnualAgeratum, Neptune Blue 1Alyssum, Clear Crystal White 1Flower, GrassGrass, Foerster's Feather Reed 46Flower, PerennialDaylily, 'Happy Returns' 44Shrub, DeciduousHydrangea, Chickory Variegated 1Hydrangea, Edgy Hearts 1Shrub, Evergreen Coniferspruce ,blue totem 7Tree, DeciduousCrabapple, Royal Gem 4Maple, autumn blaze 4Tree, Evergreenspruce ,Black hills 5Pine, tannenbaum 7LegendCommon Name Qty10'0"nBycicle parkingScale:4/15/2022Date:Revision #:Steve KlucasSchullers TavernLandscape Plan:Landworks Inc.Landscape Design by:1998 RESOLUTION NO. 23-093 RESOLUTION AUTHORIZING THE EXTENSION OF AN OUTDOOR SERVICE AREA PERMIT FOR OUTDOOR DINING AT SCHULLER’S TAVERN WHEREAS, Schuller’s Tavern, a long-time dining establishment in Golden Valley, has applied for a two year extension of an Outdoor Service Area Permit in order to continue outdoor dining on the patio at 7345 Country Club Drive; and WHEREAS, landscaping and other site improvements have been completed in order to enhance the outdoor experience; and WHEREAS, the City has received no complaints regarding past usage and has modified the original conditions of approval to focus on the mitigation of any potential impacts of noise and lighting to the surrounding neighborhood; and WHEREAS, the findings and recommendations upon which the extension of an Outdoor Service Area permit is based have been determined to be met. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, to authorize a two year extension of an Outdoor Service Area Permit for Schuller’s Tavern at 7345 Country Club Drive in order to continue outdoor dining to take place for a period of two years from the date of issuance. Adopted by the City Council this 17thday of October, 2023. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 99 Review of Council Calendar Event Event Time Location OCTOBER Tuesday, October 17 City Council Meeting 6:30 PM Hybrid - Council Chambers Thursday, October 26 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid Brookview - Valley Room Saturday, October 28 Trunk or Treat 12:00 PM - 2:00 PM City Hall Campus NOVEMBER Saturday, November 4 City Hall Open for Absentee Voting 9:00 AM - 3:00 PM City Hall Tuesday, November 7 Election Day 7:00 AM - 8:00 PM City Precincts/Polls Wednesday, November 8 Special City Council Meeting (Closed Session) (tentative)5:45 PM Manager's Conference Room City Council Meeting 6:30 PM Hybrid - Council Chambers Friday, November 10 City Offices Closed for Observance of Veterans' Day Sunday, November 12 Winter Market in the Valley (Indoors)10:00 AM - 1:00 PM Brookview Bassett Creek Room Tuesday, November 14 Special City Council Meeting (Canvass Election)6:15 PM Hybrid - Council Conference Room HRA Work Session 6:30 PM Hybrid - Council Conference Room Council Work Session 6:30 PM Hybrid - Council Conference Room Tuesday, November 21 City Council Meeting 6:30 PM Hybrid - Council Chambers Thursday, November 23 City Offices Closed for Observance of Thanksgiving Friday, November 24 City Offices Closed for Observance of Thanksgiving DECEMBER Tuesday, December 5 HRA Meeting 6:30 PM Hybrid - Council Chambers City Council Meeting (Includes the Annual Truth-in-Taxation Hearing)6:30 PM Hybrid - Council Chambers Sunday, December 10 Winter Market in the Valley (Indoors)10:00 AM - 1:00 PM Brookview Bassett Creek Room Tuesday, December 12 Council Work Session 6:30 PM Hybrid - Council Conference Room 100