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02-07-18 CC Agenda Packet (entire)
AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber Wednesday, February 7, 2018 6:30 pm 1. CALL TO ORDER PAGES A. Pledge of Allegiance B. Roll Call C. Presentation - Proclamation for Girls United MN 3-4 D. Presentation - Proclamation for the 50th Anniversary of Lunds & Byerlys Golden Valley 5-6 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes: 1. Council Executive Session - January 16, 2018 7 2. City Council Meeting - January 16, 2018 8-12 B. Approval of City Check Register 13 C. Minutes of Boards and Commissions: 1. Human Rights Commission - December 28, 2017 14-16 2. Board of Zoning Appeals - September 26 and November 28, 2017 17-22 3. Bassett Creek Watershed Management Commission - December 21, 2017 23-29 D. Bids and Quotes: 1. Approve Purchase of Green/Tee Mower 30 2. Approve Purchase of Galaxy HRE Modules for the Water Meter Reading System Upgrade 31 3. Approve Purchase of High-Pressure Sewer Jetting Unit 32-33 4. Approve Purchase of Police Interceptor 34 E. Authorize Agreement with Hennepin County for Athletic Field Improvements at Isaacson Park 35-45 F. Award Contract for the Demolition of 1601 and 1605 Independence Avenue North for the Olympia Street Flood Reduction Project #16-14 46-48 G. Approve Professional Service Contract for Body-Worn, In-Car and Interview Room Cameras 49 H. Approve Professional Services Agreement for 2018 Roof Replacements 50-74 I. Authorize Agreement for Animal Pound Services with the City of Robbinsdale 75-79 J. Letters, Emails and/or Petitions: 1. Resignation from Planning Commission 80 4. PUBLIC HEARINGS 5. OLD BUSINESS Page 2 February 7, 2018 6. NEW BUSINESS All Ordinances listed under this heading are eligible for Public input. A. Second Consideration - Ordinance #630 - Amendment to City Code Section 6.43 Peddlers and Solicitors 81-83 B. Review of Council Calendar C. Mayor and Council Communications 7. ADJOURNMENT Executive Summary For Action Golden Valley City Council Meeting February 7, 2018 Agenda Item 1. C. Presentation - Proclamation for Girls United MN Prepared By Tim Cruikshank, City Manager Summary Hopkins High School junior Jessica Melnik started the organization “Girls United MN” to empower young women and develop leadership skills in junior and senior high school girls. Her organization is having a panel event through the Hopkins Community Ed surrounding the issue of sex trafficking in Minnesota on February 15, 2018. Ms. Melnik has requested a proclamation declaring February 15, 2018, as “Not for Sale Day’ in the City of Golden Valley. She along with some of her peers will be in attendance to accept the proclamation. Attachment: • Proclamation to declare February 15, 2018, as “Not For Sale Day” in Golden Valley (1 page) CITY OF GOLDEN VALLEY PROCLAMATION TO DECLARE FEBRUARY 15, 2018 AS “NOT FOR SALE DAY” IN GOLDEN VALLEY WHEREAS, sexual exploitation is defined as the sexual abuse of someone who engages in or is forced to engage in commercial sexual activity, which occurs when anything of value or a promise of anything of value is provided to a person by any means in exchange for any type of sexual activity; and WHEREAS, victims of sexual exploitation come from every background, race, gender, sexual orientation, age and economic status; and WHEREAS, a comprehensive Minnesota study released in August 2017, found that buyers typically are white middle-aged males; and WHEREAS, the perpetrators of sexual exploitation cause great harm and trauma to their victims and to families, and undermine the stability, safety and well-being of our communities; and WHEREAS, law enforcement officials and nonprofits across Minnesota are taking aggressive and new action to crack down on buyers of commercial sex and boosting programs aimed at prevention measures for keeping persons from being exploited and sex-trafficked; and WHEREAS, survivors of sexual exploitation have bravely confronted this issue by telling their stories and leading multidisciplinary coalitions of advocates to support victims of this crime and to educate communities; and WHEREAS, the Minnesota Department of Health and Minnesota Department of Human Services as well as other state and nonprofit agencies, local municipalities and law enforcement agencies are working together towards providing supportive victim-centered services; and WHEREAS, “Not for Sale Day” is an opportunity to educate, promote safety for all, accountability and justice, and underscore the commitments made by organizations and communities to end sexual exploitation in our communities. NOW THEREFORE, let it be known that the Mayor and City Council, do hereby declares that February 15, 2018, is “Not for Sale Day” in Golden Valley and wishes to raise awareness about sexual exploitation. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 7th day of February, 2018. __________________________ Shepard M. Harris, Mayor Executive Summary For Action Golden Valley City Council Meeting February 7, 2018 Agenda Item 1. D. Presentation - Proclamation for the 50th Anniversary of Lunds & Byerlys Golden Valley Prepared By Tim Cruikshank, City Manager Summary Lunds & Byerlys Golden Valley is celebrating 50 years of service in the City of Golden Valley and has requested a proclamation recognizing this anniversary. Representatives from Lunds & Byerlys will be in attendance to accept the proclamation. Attachment: • Proclamation for the 50th Anniversary of Lunds & Byerlys Golden Valley (1 page) CITY OF GOLDEN VALLEY PROCLAMATION FOR THE 50TH ANNIVERSARY OF LUNDS & BYERLYS GOLDEN VALLEY WHEREAS, 50 years ago in 1968, Don Byerly opened his first Byerly’s grocery store in Golden Valley, with 10 additional Byerlys opening throughout the Twin Cities during the next 30 years; and WHEREAS, this store received nationwide recognition because of its remarkable levels of quality, service, expertise and innovations; and WHEREAS, this store opened as Minnesota’s largest grocery store and was the first to have carpeted floors, an in-store restaurant, parcel pick-up service and a full-service meat and seafood department; and WHEREAS, in 1997, Lunds, under the leadership of Tres Lund, acquired Byerly’s and maintained an unwavering focus on continuing to offer customers extraordinary food, exceptional service and passionate expertise; and WHEREAS, this store, which became “Lunds & Byerlys” in 2015, has continued to raise the bar for what it means to provide customers with a sensational shopping experience; and WHEREAS, Lunds & Byerlys has continued to invest in this location and the Golden Valley community through significant reinvestments in the store, community donations to many local causes and countless hours of employee volunteerism. NOW , THEREFORE, let it be known, that the Mayor and City Council of the City of Golden Valley hereby recognize the 50th Anniversary of Lunds & Byerlys Golden Valley and ask all to join in celebrating this commemorative occasion and urge all citizens to express appreciation for its contributions to Golden Valley and the greater community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 7th day of February, 2018. __________________________ Shepard M. Harris, Mayor UNOFFICIAL MINUTES CITY COUNCIL EXECUTIVE SESSION GOLDEN VALLEY, MINNESOTA JANUARY 16, 2018 The meeting began at 5:45 pm in the City Hall Manager’s Conference Room. The following members were present: Mayor Harris, Council Members Clausen, Rosenquist and Schmidgall. Also present were: Timothy J. Cruikshank, City Manager; Marc Nevinski, Physical Development Director; Jeff Oliver, City Engineer; Maria Cisneros, City Attorney; and Jason Kuboschek, LMCIT Attorney. Staff provided Council with an update on the progress in Olin v. City of Golden Valley. The meeting was adjourned at 6:15 pm. _______________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Timothy J. Cruikshank, City Manager UNOFFICIAL MINUTES CITY COUNCIL MEETING GOLDEN VALLEY, MINNESOTA January 16, 2018 1. CALL TO ORDER Mayor Harris called the meeting to order at 6:50 pm. 1A. Pledge of Allegiance 1B. Roll Call Present: Mayor Harris, Council Members Joanie Clausen, Gillian Rosenquist and Steve Schmidgall. Also present were: City Manager Cruikshank, City Attorney Cisneros and City Clerk Luedke. Absent: Council Members Larry Fonnest 1C. Presentation - Discover St. Louis Park end-of-year update Ms. Becky Bakken, Discover St. Louis Park presented the Council with a year-end update regarding Discover St. Louis Park representing St. Louis Park and Golden Valley. Ms. Bakken answered questions from Council. Council thanked the staff of Discover St. Louis Park. 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to approve the agenda of January 16, 2018, as submitted and the motion carried. 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Clausen, seconded by Council Member Rosenquist to approve the consent agenda of January 16, 2018, as revised: removal of 3G-Approve transferring Remnant City Parcel to 1320 Fairlawn Way and 3J-Acceptance of Donation/Grant for Ballfield Lights at Isaacson Park and the motion carried. 3A. Approve Minutes of City Council Meeting - January 2, 2018. 3B. Approve City Check Register and authorize the payments of the bills as submitted. 3C. Approve Multi-family Rental Licenses for Central Park West Apartments and Liberty Crossing Apartments. 3D. Accept for filing the Minutes of Boards and Commissions as follows: 1. Human Rights Commission - November 28, 2017 2. Human Services Fund - November 13, 2017 3E1. Approve the purchase of a Caterpillar DG60 generator from Ziegler Inc. in the amount of $36,197.07. 3E2. Approve purchase of 468 Galaxy HRE Modules from Metering and Technology Solutions in the amount of $99,216. 3E3. Approve purchase of a 2018 Pierce Velocity Top Mount Enclosed Pumper Truck and authorize payment after receiving executed performance bond to MacQueen Emergency Group in the amount of $598,573. 3E4. Authorize the purchase of Musco LED field Lighting System for $169,986 through the NJPA contract #082114-MSL for ballfields #1 and #3 at Isaacson Park and authorize Sports Technology Inc. in the amount of $43,735 for installation of the lighting. 3F. Approve the Cooperative Agreement with the City of Bloomington regarding Public Safety Security related to the 2018 National Football League Super Bowl. 3G. Adopt Resolution 18-06, transferring Remnant City Parcel to 1320 Fairlawn Way. Unofficial City Council Minutes -2- January 16, 2018 3. APPROVAL OF CONSENT AGENDA - continued 3H. Adopt Resolution 18-07, authorizing agency agreement with Minnesota Department of Transportation to act as the City’s Agent for Federal Aid Funds related to Transportation. 3I. Approve Agreement for Maintenance of Traffic Control Systems with Hennepin County. 3J. Adopt Resolution 18-08, accepting a Donation and Grant for LED Ballfield Lights at Isaacson Park. 3K. Adopt Resolution 18-09, appointing Stacy Hoschka as Commissioner and Jane McDonald Black as Alternate Commissioner to the Bassett Creek Watershed Management Commission. 3L. Approve the following Board and Commission appointment: Open Space and Recreation Commission Matthew Sanders 1 year - expires May, 2019 3. ITEMS REMOVED FROM THE CONSENT AGENDA 3G. Approve transferring Remnant City Parcel to 1320 Fairlawn Way Physical Development Director Nevinski answered questions from Council regarding the parcel and if it could be subdivided in the future. MOTION made by Council Member Rosenquist, seconded by Council Member Clausen to adopt Resolution 18-06, transferring Remnant City Parcel to 1320 Fairlawn Way upon a vote being taken the following voted in favor of: Clausen, Harris, Rosenquist and Schmidgall, the following was absent: Fonnest. The following voted against: none and the motion carried. 3J. Acceptance of Donation/Grant for Ballfield Lights at Isaacson Park Council thanked the Golden Valley Little League Youth Baseball and Hennepin County Youth Sports for their donations and grants for Isaacson Park. MOTION made by Council Member Clausen, seconded by Council Member Rosenquist to adopt Resolution 18-08, accepting a Donation and Grant from the Golden Valley Little League Youth Baseball and Hennepin County Youth Sports for LED Ballfield Lights at Isaacson Park upon a vote being taken the following voted in favor of: Clausen, Harris, Rosenquist and Schmidgall, the following was absent: Fonnest. The following voted against: none and the motion carried. 4. PUBLIC HEARINGS 4A. Public Hearing - Approval of a Major PUD Amendment and Amendments to the Official Zoning Map - 701 Lilac Drive North City Manager Cruikshank addressed Public Hearing items A through E at once. He said that Tennant World Headquarters, the applicant, had requested to continue the hearings as they continue to work through their process to see which actions they will need. City Attorney Cisneros answered questions from Council. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to continue the public hearing regarding a Major PUD Amendment and Amendments to the Official Zoning Map - 701 Lilac Drive North to the February 20, 2018, Council meeting and the motion carried. Unofficial City Council Minutes -3- January 16, 2018 4B. Public Hearing - Approval of Conditional Use Permit and Amendments to the Official Zoning Map and the General Land Use Plan Map - 5508 Olson Memorial Highway (Damascus Way) MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to continue the public hearings regarding a Conditional Use Permit and Amendments to the Official Zoning Map and the General Land Use Plan Map - 5508 Olson Memorial Highway to the February 20, 2018, Council meeting and the motion carried. 4C. Public Hearing - Amendment to the General Land Use Plan Map - 1111 Douglas Drive (Corporate Woods) MOTION made by Council Member Rosenquist, seconded by Council Member Clausen to continue the public hearing amending the General Land Use Plan Map for 1111 Douglas Drive to the February 20, 2018, Council meeting and the motion carried. 4D. Public Hearing - Douglas Drive Redevelopment Area Plan Expansion MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to continue the public hearing regarding the Douglas Drive Redevelopment Area Plan Expansion to the February 20, 2018, Council meeting and the motion carried. 4E. Public Hearing - Establishing a Tax Increment Financing District - Tennant World Headquarters within the Douglas Drive Redevelopment Project Area MOTION made by Council Member Rosenquist, seconded by Council Member Schmidgall to continue the public hearing on establishing a tax increment financing (redevelopment) district - Tennant World Headquarters within the Douglas Drive Redevelopment Project Area to the February 20, 2018, Council meeting and the motion carried. 4F. Public Hearing - 2018 Pavement Management Program, Project No. 18-01 Assistant City Engineer Kakach presented the staff report and answered questions from Council. Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public hearing. There was Council discussion regarding the 2018 Pavement Management Program. MOTION made by Council Member Schmidgall, seconded by Council Member Rosenquist to adopt Resolution 18-10, ordering Construction of Certain Proposed Public Improvements and Authorizing Advertisement for Bids for City Project 18-01, 2018 Pavement Management Program upon a vote being taken the following voted in favor of: Clausen, Harris, Rosenquist and Schmidgall, the following was absent: Fonnest. The following voted against: none and the motion carried. 4F. Public Hearing - Special Assessments - 2018 Pavement Management Program Finance Director Virnig presented the staff report and answered questions from Council. City Engineer Oliver answered questions from Council regarding the costs of the program. Unofficial City Council Minutes -4- January 16, 2018 4F. Public Hearing - Special Assessments - continued Mayor Harris opened the public hearing. Mr. Kent Brevik, 1908 Gettysburg Avenue North, said he felt the pavement program would add value to his street but that he did have a few questions. Referring to the resolution, he said that a property being assessed should benefit from the construction in no less than the amount being assessed so he asked if this benefit is referring to market fair value, how the amount of the benefit is determined and what happens if the property does not increase in value after the assessment. Mayor Harris closed the public hearing. There was Council discussion regarding the special assessments for the 2018 Pavement Management Program. MOTION made by Council Member Clausen, seconded by Council Member Rosenquist to adopt Resolution 18-11, adopting and confirming Assessments for Various Public Improvements in the 2018 Pavement Management Program Area upon a vote being taken the following voted in favor of: Clausen, Harris, Rosenquist and Schmidgall. The following was absent: Fonnest, the following voted against: none and the motion carried. 5. OLD BUSINESS 6. NEW BUSINESS 6A. First Consideration - Ordinance #630 - Amendment to City Code Section 6.43 Peddlers and Solicitors Mayor Harris presented the staff report and said that this is a housekeeping item to clarify who can go door to door soliciting. There was Council discussion regarding the amendment to the City Code clarifying the language on political canvassing. MOTION made by Council Member Rosenquist, seconded by Council Member Clausen to adopt first consideration Ordinance #630, amendment to City Code Section 6.43 Peddlers and Solicitors upon a vote being taken the following voted in favor of: Clausen, Harris, Rosenquist and Schmidgall, the following was absent: Fonnest. The following voted against: none and the motion carried. 6B. Review of Council Calendar Some Council Members may attend the Golden Valley Rotary’s 2nd Annual Winter Warm Up event on January 22, 2018, from 5:30 to 8:30 pm at the Surly Brewing Company, 520 Malcolm Avenue, Minneapolis. Some Council Members may attend the Golden Valley Business Council meeting on January 25, 2018, from 7:30 to 9 am at Second Harvest Heartland, 6325 Sandburg Road. Some Council Members may attend the Legislative Breakfast on January 27, 2018, at 9:30 am at the Crystal City Hall, 4141 Douglas Drive. Unofficial City Council Minutes -5- January 16, 2018 6B. Review of Council Calendar - continued The Council’s Annual Goal setting workshop will be held on January 30, 2018, from 6 to 8 pm at Brookview. Some Council Members may attend the 2018 Plymouth Avenue Pavement Rehabilitation Open House on February 1, 2018, from 5 to 7 pm in the Council Chambers. The Precinct Caucuses will be held on February 6, 2018, at 7 pm at various locations. The next Council meeting will be held on February 7, 2018, at 6:30 pm. 6C. Mayor and Council Communication Council Member Clausen wished the Minnesota Vikings to bring it home for the 2018 National Football League Super Bowl. Mayor Harris thanked the Human Rights Commission and staff for hosting a table at the annual Martin Luther King, Jr. breakfast at the Minneapolis Armory. He said the Sweet Potatoes Comfort Pie Baking event at Calvary Lutheran and the annual event held at Brookview was a huge success and thanked city staff for their support. Council Member Rosenquist added that the annual event was a lovely and inspirational event and that it was exciting to have it at Brookview. 7. ADJOURNMENT MOTION made by Council Member Schmidgall, seconded by Council Member Clausen, and the motion carried to adjourn the meeting at 8:56 pm. _______________________________ Shepard M. Harris, Mayor ATTEST: __________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting February 7, 2018 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Attachments • Document sent via email Recommended Action Motion to authorize the payment of the bills as submitted. Human Rights Commission December 28, 2017 Meeting Minutes Page 1 of 3 MINUTES Human Rights Commission (HRC) Golden Valley City Hall 7800 Golden Valley Road Golden Valley, Minnesota 55427 Council Conference Room December 28, 2017 Commissioners present: Kyle Pettersen-Scott, Chair Maurice Harris, Vice Chair Jonathan Burris Adam Buttress Teresa Martin Gloria Peck Commissioners absent: Eve Clarkson Isaac Mintzer Carrie Yeager Staff: Kirsten Santelices, Human Resources Director The meeting was convened at 6:37 pm by Chair Pettersen-Scott. APPROVAL OF AGENDA Chair Pettersen-Scott reviewed the agenda. Motion by Commissioner Harris, seconded by Commissioner Peck to approve the agenda as submitted. Motion carried 6-0. APPROVAL OF NOVEMBER 28, 2017 REGULAR MEETING MINUTES Motion by Commissioner Buttress, seconded by Commissioner Peck to approve the minutes as amended: correct spelling errors and under MLK Day Literary Contest Finalization change to state that there may be multiple award winners for the contest. Motion carried 6-0. OLD BUSINESS Review Completed Bookmarks Santelices stated the Communications Department prepared the bookmarks and poster in house and sent the bookmarks out to be printed and laminated. Commissioners liked the bookmarks and the spelling out of the Human Rights Commission. Martin took the bookmarks and poster to the library and met library staff who stated they would like to partner with the HRC for future events and programming. Santelices met with the Communications staff to understand the “HRC Conversations” branding, and it was explained that the HRC Conversations logo was developed to Human Rights Commission December 28, 2017 Meeting Minutes Page 2 of 3 brand/market all HRC events under the same logo, so they are recognized in the community as HRC related, and no board or commission had their own logo. The HRC discussed the use of the HRC Conversations logo and would like to remove the “Conversations” portion of the logo and spell out HRC. Some members stated that residents confuse the HRC with the HSF (Human Services Fund). The HRC will discuss rebranding and the HRC website at a future meeting. Update on MLK Literacy Contest Santelices provided the HRC with a list of essay judging criteria. The HRC reviewed the criteria and made some revisions. Santelices stated at this point there is only one submission. Communications staff have been requested to put out a blast on social media to advertise the contest. The judges will be Commissioner Harris, a former teacher, and family member of Commissioner Clarkson. Harris will contact Clarkson to verify the availably of the judge. Martin stated that she knows someone who would be willing to be a judge if needed and will provide the contact information to Harris. Martin stated the winners of the contest will be invited to attend and present their submissions at the Sweet Potato Pie Comfort Pie: Fourth Annual Martin Luther King, Jr. Holiday Event. It is scheduled for Sunday, January 14, 2018 at Brookview from 2-4:30 pm. The event is free and open to the public. Santelices will check with the Finance Department to arrange for the contest winner(s) to get their prize. Santelices will also reserve up to four tickets for the winners to attend the Martin Luther King, Jr. Day Breakfast on Monday, January 15, 2018. The contest winners will be given the tickets if they wish to attend. If more tickets are needed individual tickets will be purchased. One table of ten tickets was made available for City residents to pick-up from City Hall. Welcome Statement The HRC formed a subcommittee to review the other city welcome statements/resolutions. Pettersen-Scott will draft a ½ page welcome statement. The members of the subcommittee are: Pettersen-Scott, Burris, and Martin. The subcommittee will meet sometime after January 9, 2018 and bring a draft to the January 23, 2018 HRC meeting for review. 2017 Work Plan Review and 2018 Work Plan Discussion Santelices reviewed the 2017 Work Plan. The HRC discussed various events held throughout the years. The HRC would like to set the work plan into quarterly sections: January-March; April-June; July-September and October-December. Possible items included: Welcome Statement, Individual feedback on Comprehensive Plan; partner with the Golden Valley Library on Human Rights Day; program partnering with other City HRC’s; MLK Literary Contest; Day of Service event; Bill Hobbs Award; branding/communications updates and enhancements; making links to various resources available on the website; PRIDE festival participation; continuing Human Rights Commission December 28, 2017 Meeting Minutes Page 3 of 3 Outreach and Education and Community Engagement; Election/voting rights; and providing information to new and existing apartment housing units. Santelices will provide a draft calendar for HRC review. Adjourn Motion by Commissioner Burris, seconded by Commissioner Martin to adjourn the meeting at 7:59 pm. Motion carried 6-0. _______________________________ Kyle Pettersen-Scott, Chair ATTEST: _________________________________ Kirsten Santelices, Staff Liaison Respectfully submitted, Judy Nally, Administrative Assistant Approved by HRC: January 23, 2018 Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals September 26, 2017 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, September 26, 2017, at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Perich called the meeting to order at 7 pm. Those present were Members Maxwell, Nelson, Orenstein, Perich and Planning Commission Representative Segelbaum. Also present were Associate Planner/Grant Writer Emily Goellner and Administrative Assistant Lisa Wittman. I. Approval of Minutes – July 25, 2017, Regular Meeting MOVED by Perich, seconded by Nelson and motion carried unanimously to approve the July 25, 2017, minutes as submitted. II. The Petition(s) are: 6530 Hampshire Place Matthew & Marnie Thoen, Applicants Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(3)(a) Side Yard Setback Requirements • 7.44 ft. off of the required 15 ft. to a distance of 7.56 ft. at its closest point to the side yard (east) property line. Purpose: To allow for the construction of a garage addition. Goellner referred to a survey and photos of the property and explained the applicant’s request to build a second garage stall. She stated that the existing one-stall garage is 12 feet wide by 24 feet deep and that the second garage stall is proposed to be 14 feet wide by 24 feet deep. She added that the applicants are also proposing an addition on the back of their home however, that addition does not require any variances. She explained that staff is recommending a modified variance of 5.44 feet off the required 15 feet to a distance of 9.56 feet at its closest point to the east property line to allow a 12-foot wide garage addition. Segelbaum asked if the walls of the proposed garage have to be articulated. Goellner said no, articulation isn’t required until the wall is 32 feet in length. Orenstein asked if the back corner of the proposed garage would be the closest point to the east property line. Goellner said yes. Maxwell asked how far the front corner of the proposed garage is to the east property line. Goellner said it would be approximately 9.5 feet away from the east property line. Nelson noted that the neighboring house to the east is a significant distance away. Segelbaum asked if any comments have been received from the neighboring property owners. Goellner said no. Minutes of the Golden Valley Board of Zoning Appeals September 26, 2017 Page 2 Marnie Thoen, applicant, stated that when they first bought this house they thought it would be a starter house and they would eventually move, but now they like the neighborhood and want to stay and have the house grow with them. She explained that the proposed addition on the back of the house will reconfigure the kitchen and add dining and living space so after they add that much space they don’t want to have a house with a one-stall garage. She stated that they are willing to compromise and build the garage addition 12 feet wide instead of 14 feet. She added that their neighbors are in agreement with the proposal and that it is unfortunate that the house was built right to the front and side yard setbacks so that there is no room to expand the existing garage without a variance. Segelbaum asked what the neighboring property to the east has said about the proposal. Thoen stated that the neighbor said he is happy with the proposal because it will help block the view into his back yard. Orenstein asked Thoen how she felt about having a 24-foot wide garage. Thoen said she would be fine with that and that getting this variance will impact their decision on whether or not they go forward with the addition in the back of the house. Perich opened the public hearing. Seeing and hearing no one wishing to comment, Perich closed the public hearing. Orenstein said it has been the history of the Board to be sympathetic towards one-stall garages. He said he would be in favor of allowing a 24-foot wide garage. Nelson agreed and said that it meets all of the criteria the Board considers when granting variances. Segelbaum agreed and said he is pleased to see enhancements made. He said the modified request is reasonable and he would support it. He noted that the original request is more than 50% of the setback requirement which he doesn’t think is reasonable. Perich stated that the Board usually tries to only grant what is reasonable. MOVED by Maxwell, seconded by Segelbaum and motion carried unanimously to approve a variance request for 5.44 feet off the required 15 feet to a distance of 9.56 feet from the side yard (east) property line. III. Other Business No other business was discussed. IV. Adjournment The meeting was adjourned at 7:20 pm. _____________________________ __________________________ David Perich, Chair Lisa Wittman, Administrative Assistant Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals November 28, 2017 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, November 28, 2017, at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Perich called the meeting to order at 7 pm. Those present were Members Maxwell, Nelson, Orenstein, Perich and Planning Commission Representative Baker. Also present were Associate Planner/Grant Writer Emily Goellner and Administrative Assistant Lisa Wittman. I. Approval of Minutes – September 26, 2017, Regular Meeting MOVED by Nelson, seconded by Maxwell and motion carried to approve the September 26, 2016, minutes as submitted. Baker abstained. II. The Petition(s) are: 1300 Kelly Drive Brent and Brook Behn, Applicants Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(2) Rear Yard Setback Requirements • 10 ft. off of the required 25 ft. to a distance of 15 ft. at its closest point to the rear yard (north) property line. Purpose: To allow for the construction of a garage and home addition. Goellner explained the applicants’ proposal to demolish their existing garage and construct a new two-stall garage and home addition. She referred to the setback requirements and noted that the north property line is considered the rear yard property line. The existing garage is located 15 feet from the north property line and the proposed new garage would also be 15 feet from the north property line. Goellner explained that the applicants have stated their unique circumstances include: challenging topography, retaining walls, soil conditions, large trees and easements that limit the buildable area. The applicants have also stated that the rear of the house is not in the rear yard as a result of a subdivision done in 1958. Goellner noted that the proposed new garage includes a 9.6 ft. x 15.5 ft. storage area and another 6 ft. x 24 ft. storage area so an alternative to granting a variance could include reducing the size of the storage areas, or building smaller additions that meet setback requirements. She stated that staff is recommending denial of the request as the proposed half-story addition on the second floor will alter the essential character of its locality and there are options available to eliminate or reduce the size of the variance request. Maxwell clarified that the proposed new garage would not go outside the footprint of the existing garage. Goellner agreed. Maxwell asked if the applicants built the existing garage. Goellner said she didn’t know. Minutes of the Golden Valley Board of Zoning Appeals July 25, 2017 Page 2 Nelson asked if a detached garage can be closer to the property lines. Goellner said yes, but detached garages also have to be located completely to the rear of the home. Baker asked Goellner to explain the subdivision done in 1958. Goellner stated that the home was built in 1946 and in 1958 a subdivision was done which changed the size and shape of the lot. Nelson said she is sympathetic with corner lots and in this case what would normally be a 15 foot side yard setback is really a 25 foot rear yard setback. Perich asked if the existing garage was built in compliance with the Zoning Code. Goellner said yes. Baker noted that the applicant states there is a specimen tree on the east side of the property which limits construction and asked Goellner if she knows the species of that tree. Goellner said she doesn’t know the species. Brent Behn, Applicant, stated they’ve lived in this house for 20 years. He said they’ve considered other options but they think their proposal is a modest addition and will allow them to stay in their home and their community. He stated that they have the support of their neighbors and they don’t think the addition will negatively impact the neighborhood. He reiterated that the proposed new garage will be in the same footprint as the existing garage and that they can’t attach the existing garage to the house because of the footings. He showed the Board photos of the rear yard (north) and stated that it acts like a side yard. He noted that there is a driveway easement on the north corner of the property and steep topography on the east side of the property. He said he was surprised to see that staff feels that this proposal would alter the character of the neighborhood because they went through a lot of work to make sure the addition fits in with the neighborhood. He stated that they can’t make the addition smaller and still make it usable space. He added that he thinks their proposal is in line with the Comprehensive Plan and the Envision Golden Valley document. He stated that he approached the City three times and was assured that his plans were fine and that nothing in his plans have changed since meeting with the City. He reiterated that they’ve designed what they have to without creating sub-standard spaces and said that they can’t use the existing footings and that building a second story would not get them what they need and they can’t build to the south or the east. He stated that it has been frustrating because the City has made mistakes and has issued a permit using a survey showing that the existing garage will be removed so he is surprised that he had to request a variance. Orenstein asked which entrance would be the main entrance to the home. Brook Behn, Applicant, referred to an elevation drawing and stated that the new entry is set back so it will not be the focal point and that the main front door is set out and will be the main entrance. Maxwell asked the applicants if they constructed the existing garage. Mr. Behn said no. Minutes of the Golden Valley Board of Zoning Appeals July 25, 2017 Page 3 Nelson referred to the floor plans and asked about the space on the far north side of the garage. Mr. Behn stated that area is part of the garage and it helps them get additional livable space. Perich asked if the plans would have to be completely re-evaluated without this space. Mr. Behn said it would not be livable space without it. Mrs. Behn noted that there is also an elevation change from the foyer to the garage. Mr. Behn added that a wheelchair ramp could be added in the future for another access point. Nelson asked if the garage space will be 24 ft. x 24 ft. Mr. Behn said the garage will be 24 ft. x 30 ft. which is the same as the existing garage. Perich opened the public hearing. Joe Forster, 1316 Kelly Drive, said he is excited about the proposed addition and that it won’t impact his view of the golf course which he appreciates. He stated that the footprint isn’t changing and this proposal will enhance his property value as well as the applicants. He stated that it takes 20 years of equity to put on such an addition and the opportunity is now because if the house is sold it will be another 20 years to get this opportunity again. He stated that the addition will enhance the neighborhood and it is a beautiful, well thought out design. Jason Hoffrogge, 1325 Kelly Drive, said the main issue seems to be the character of the neighborhood and that this proposal fits in and certainly would not make the neighborhood look worse. He said all the neighbors are committed to living in this neighborhood and that the house across the street was torn down and a much bigger house was built so he has no concerns and is excited about this proposal. Brian Gieseke, 1337 Kelly Drive, said he loves this neighborhood and showed the Board pictures of his house. He said the neighborhood has a lot of unique properties and that the proposal won’t change things visually. He said he is excited about this proposal and thinks the addition is well thought out. Mike Sell, 1400 Valders Avenue North, said he was former Board of Zoning Appeals member and that corner lots have always been a bit difficult. He said he was surprised to hear that a permit has already been issued. Seeing and hearing no one else wishing to comment, Perich closed the public hearing. Baker asked about the perceived staff error. Perich said it doesn’t impact the criteria the Board is supposed to consider. Baker said he is wondering if there is a process flaw. Goellner explained that a stormwater management permit was issued, not a building permit. She stated that the stormwater permit probably should not have been issued until the zoning issues were resolved. Perich asked if the existing garage footings were underpinned if the applicant would still need a variance. Goellner said yes because it would then be an attached garage and the setback requirements would be the same. Nelson said she is sympathetic because the north portion of the property appears to be a side yard. She stated that the applicant is not changing the footprint that is already there Minutes of the Golden Valley Board of Zoning Appeals July 25, 2017 Page 4 and she thinks the addition will enhance the neighborhood. She said the issues were not caused by the homeowner and they can’t really make the additional smaller. Perich said he is struggling with the issue not being caused by the homeowner because they are tearing the existing garage down. He said he is sympathetic to improving the housing stock and he doesn’t think it alters the character of its locality, so he is inclined to support the variance request. Orenstein said he is also sympathetic and it bothers him that the applicants were told by the City that their plans were a go. He said he thinks the applicants have incurred some hardships. Nelson stated that if this wasn’t a corner lot they would not be having this conversation. Maxwell agreed and stated that this isn’t the same homeowner who built the garage and now wants to attach it. He stated that the applicants are staying within the same footprint and that they’ve thought about all of their options. Baker referred the applicants comment in the application submittal regarding this not being the Golden Valley they expect. He stated that Golden Valley would not be the City it is if it let people trash the standards that it has set. He stated that the Zoning Code requirements benefit all of the residents and that the City works hard to apply the rules equally. Nelson agreed that they work hard to be fair, but she thinks this is a unique situation. MOVED by Nelson, seconded by Perich and motion carried unanimously to approve a variance request for 10 ft. off of the required 25 ft. to a distance of 15 ft. at its closest point to the rear yard (north) property line to allow for the construction of a garage and home addition. III. Other Business No other business was discussed. IV. Adjournment The meeting was adjourned at 7:55 pm. _____________________________ __________________________ David Perich, Chair Lisa Wittman, Administrative Assistant 1. CALL TO ORDER and ROLL CALL On Thursday, December 21, 2017 at 8:34 a.m. in the Council Conference Room at Golden Valley City Hall (7800 Golden Valley Rd.), Chair de Lambert called to order the meeting of the Bassett Creek Watershed Management Commission (BCWMC) and asked for roll call to be taken. Commissioners and city staff present: City Commissioner Alternate Commissioner Technical Advisory Committee Members (City Staff) Crystal Guy Mueller Absent Mark Ray Golden Valley Absent Jane McDonald Black Jeff Oliver Medicine Lake Clint Carlson Absent Absent Minneapolis Michael Welch NA Liz Stout Minnetonka Mike Fruen Absent Absent New Hope Absent Pat Crough Absent Plymouth Jim Prom John Byrnes Derrick Asche Robbinsdale Absent Absent Marta Roser St. Louis Park Jim de Lambert Absent Erick Francis Administrator Laura Jester, Keystone Waters Engineer Karen Chandler, Greg Wilson and Meg Rattei: Barr Engineering Recorder Dawn Pape, Lawn Chair Gardener Creative Services Legal Counsel Troy Gilchrist, Kennedy & Graven Presenters/ Guests/Public Brian Vlach, Three Rivers Park District Bassett Creek Watershed Management Commission Minutes of Regular Meeting Thursday, December 21, 2017 8:30 a.m. Golden Valley City Hall, Golden Valley MN BCWMC December 21, 2017 Meeting Minutes Page 2 of 7 2. CITIZEN FORUM ON NON-AGENDA ITEMS None 3. APPROVAL OF AGENDA Chair de Lambert requested to add item 5F to consider approval to comment on Minneapolis Phase I of NPDES permit. MOTION: Alternate Commissioner McDonald Black moved to approve the agenda with added item 5F. Commissioner Welch seconded the motion. Upon a vote, the motion carried 7-0. [Cities of Crystal and Robbinsdale absent from the vote] 4. CONSENT AGENDA The following items were approved as part of the consent agenda: November 15, 2017 Commission meeting minutes, December 2017 financial report, payment of invoices, amendment to agreement with Metropolitan Council for reimbursement of BCWMC expenses related to Blue Line LRT project, direct Commission Engineer to submit Flood Control inspection report to cities, Minnesota DNR, and U.S. Army Corps of Engineers; reimburse Commissioner Scanlan for Road Salt Symposium registration costs, and resolution of appreciation for Alternate Commissioner Jacob Millner’s services. The general and construction account balances reported in the December 2017 Financial Report are as follows: Checking Account Balance $ 462,591.15 TOTAL GENERAL FUND BALANCE $ 462,591.15 TOTAL CASH & INVESTMENTS ON-HAND (12/13/17) $3,917,564.86 CIP Projects Levied – Budget Remaining (4,363,587.60) Closed Projects Remaining Balance (446,022.74) 2012-2016 Anticipated Tax Levy Revenue $9,558.89 2017 Anticipated Tax Levy Revenue 23,977.12 Anticipated Closed Project Balance (412,486.73) MOTION: Alternate Commissioner McDonald Black moved to approve the consent agenda. Commissioner Prom seconded the motion. Upon a vote, the motion carried 7-0. [Cities of Crystal and Robbinsdale absent from the vote] 5. BUSINESS A. Receive Presentation on Results of Stormwater Pond Maintenance Prioritization Analysis Commission Engineer Chandler gave a PowerPoint presentation and started by reviewing the objectives of the Commission’s P8 model development including water quality modeling, tracking progress on TMDLs, and evaluating proposed projects. She stated the model can also be used to map pollutant “hotspots” and prioritize maintenance of best management practices (BMPs) such as stormwater ponds. BCWMC December 21, 2017 Meeting Minutes Page 3 of 7 Commission Engineer Chandler provided examples of hotspot mapping including the Medicine Lake direct watershed. She noted the red on the map indicated highest phosphorus loading and the green indicated lowest phosphorus loading. She presented a second example for the watershed downstream from Medicine Lake. She noted that hotspot maps like these are available for all member cities and Administrator Jester will help distribute them. Commissioner Welch asked if developers should use this map and Engineer Chandler said the P8 model would be more useful. Commissioner Welch further inquired whether developments can change the colors on the map (impact either negatively or positively.) Engineer Chandler confirmed that developments’ BMPs can impact the map coloration. Commissioner Carlson asked why the XP-SWMM model wasn’t used. Engineer Chandler explained the models were used for different things: XP-SWMM models hydrology, flows, and flood levels while the P8 model is used to model pollutant loading and treatment. Commissioner Carlson asked if both models needed to be maintained. Commission Engineers Chandler and Wilson confirmed that they both need to be maintained and that cities are interested in this because their MS4 permits require assessment procedures and schedules. Commission Engineer Chandler noted that the MS4 permit includes pollution prevention and good housekeeping categories. She noted stormwater ponds can be ranked by water quality impact and how quickly the pond is filling due to sedimentation. She noted the ranking methodology includes effective removal, percentage filled per year, and dead storage volume (which means the water can’t go anywhere other than evaporation or infiltration). She reported that the exercise independently ranks both parameters and then combines the independent ranking to form final rank. She reported there are 600+ ranked ponds in the watershed and that the data are available to cities. There was some discussion on what information was used to determine the hotspots. Commission Engineer Wilson reported that BMPs reported to the Commission by cities for model updates were included in this exercise. It was noted that if a development came to the Commission for review, the Commission Engineer does not know if the BMPs proposed in the plans were actually constructed. Therefore, that information is not included in the Commission’s model unless it was specifically submitted by the city with an as-built record or other record. Engineer Chandler noted that the Commission Engineers send out reminders to cities to provide the information to the Commission. Commissioner Welch wondered if the pond prioritization information was something cities already had and wondered if the exercise was redundant. Mr. Oliver replied that he has some of the pond data but is looking forward to reviewing Barr’s report. Commission Engineer Wilson noted that 30 of the 600 ponds were field- surveyed and that the data generated from this exercise will give cities knowledge on what ponds should be surveyed/assessed next. Commissioner Welch asked that the flow of information between the cities and the Commission is appropriate and that activities among entities aren’t being duplicated. Commissioner Carlson asked if Commission should use the XP-SWMM and P8 models together. Commission Engineer Chandler replied that the model results can, indeed, be overlaid and used together. [Commissioner Mueller arrives.] B. Receive Update on Zebra Mussels in Medicine Lake and Consider Recommendations for Next Steps Commission Engineer Chandler reviewed the existing information regarding zebra mussels in Medicine Lake, noting they were discovered on November 1st and confirmed by the MnDNR the following day. BCWMC December 21, 2017 Meeting Minutes Page 4 of 7 She noted that since no “veligers” (babies) were found, it is unclear whether there are three isolated clusters of adults brought in separately or whether it is, in fact, a widespread infestation as the MnDNR suspects. She noted that a rapid response of a chemical treatment would only be warranted if there were isolated pockets of adults and that a survey of the lake is needed to fully understand the extent of the infestation. Commission Engineer Chandler reported on the negative impact of zebra mussels in a lake, including blooms of blue green algae, which are not the preferred diet of zebra mussels. She noted that at first zebra mussels make water quality seem better because they eat the green algae. She noted that the Minnesota Aquatic Invasive Species Research Center (MAISRC) considers zebra mussels to be one of the worst invaders because they completely alter the food chain. Commission Engineer Chandler reviewed the recommended next steps developed after talks with the MnDNR, MAISRC, Three Rivers Park District (TRPD), Hennepin County and the Commission Administrator: • Direct staff to discuss and work with TRPD and, if deemed appropriate, apply for a Hennepin County AIS Prevention Grant, to help fund either a) installing a CD3 (Clean, Drain, Dry, Dispose) unit at the French Regional Park boat launch, or b) additional inspection hours at the park boat launch; and to include up to $5,000 of BCWMC AIS/APM 2018 funding as a grant match. It was noted that the grant application deadline is January 12, 2018 – before the January Commission meeting. • Perform a “meandering” survey of zebra mussel adults to determine the extent of the infestation in the lake and use up to $8,000 of 2018 APM/AIS funds for this work, if needed. including applying for an AIS Prevention Grant from Hennepin County, if appropriate. • If the meandering survey finds zebra mussels in a few locations (i.e., isolated clusters), and the MnDNR and MAISRC staff agree that the lake is a candidate for a rapid response treatment, use up to $1,500 of staff time to apply for a MnDNR treatment permit. • If the MnDNR issues the treatment permit, apply for a Hennepin County Rapid Response Grant (different from the AIS Prevention Grant discussed in #1 above) to pay/help pay for quarantine and treatment costs. Brian Vlach with TRPD explained a “CD3” waterless cleaning station that can be installed at the boat launch and used by boaters. He noted it’s connected to a database so staff can tell which tools are used and when. He said TRPD is currently doing a survey to monitor the tools’ use at Bryant Lake and are hesitant about recommending investing in a CD3 unit for Medicine Lake because they are still determining its effectiveness/usefulness. There was discussion about closing boat launches and Commission Engineer Rattei reviewed the life cycle of zebra mussels. There was further discussion about the need for a whole-lake survey of the lake to determine the extent of the infestation. It was noted that TRPD and/or MnDNR staff can likely help with a survey and the Commission may not need to spend funds on a survey. However, if an outside contractor was needed, the rough estimate by Blue Water Science was $16,000 to complete the entire survey. Commissioner Welch stated that the Commission should give authority to Administrator Jester so time isn’t wasted. He noted that the largest water body in the watershed is affected and that not working on the issue is not acceptable. Administer Jester recommended the Commission approve recommendations 2 -4 as noted above. Commissioner Carlson noted he thought it appropriate to approve recommendations 1-4. Mr. Asche wondered if the zooplankton survey scheduled for Parkers Lake in 2018 could be done on Medicine Lake instead (Medicine Lake slated for 2019). Administrator Jester reported that may be a possibility. MOTION: Commissioner Welch moved to authorize the Administrator to spend up to $8,000 for a zebra mussel survey on Medicine Lake and to take other warranted actions that includes applying for grants (without a BCWMC match). Commissioner Prom seconded the motion. Upon a vote, the motion carried 8-0. [City of Robbinsdale was absent from the vote.] BCWMC December 21, 2017 Meeting Minutes Page 5 of 7 C. Receive Update on BWSR’s Watershed-Based Funding Pilot Program Administrator Jester reported that BWSR’s Clean Water Fund competitive grant fund will eventually be replaced with watershed-based funding and that a pilot program to distribute funds to watersheds and other eligible entities will begin in January. She reported that the BWSR Board approved just over $1M in Clean Water Funds to be used in Hennepin County and that all watersheds, cities, and other eligible entities will either need to work together to determine county-wide priorities or entities can alternatively opt into a competitive grant program. She reported that the State is working on providing funds on a more consistent basis rather than hyper- competitive grant processes. She noted that in several areas in out-state Minnesota, large basins are already working together to develop a list of priorities but acknowledged that there will be more of a challenge in the Metro area. Administrator Jester reported she will attend an informational meeting in January and will bring more information and/or a recommendation to the January meeting. D. Consider Recommendations of Administrative Services Committee Commissioner Mueller, Chair of the Administrative Services Committee, asked Administrator Jester to give an overview of the November 15th committee meeting. Administrator Jester reported on records management activities and noted that she has been going through historic paper files dating back to 1969, retaining and organizing records according to the Commission’s Record Retention Schedule, and preparing records for digitization by volunteers with the City of Plymouth. She noted the remaining records (about 3 file cabinets full) must be moved out of Plymouth City Hall. She noted the Committee originally recommended using a private offsite records storage company to house the files. However, upon further research she now recommends moving the files to the City of Crystal’s Public Works Facility, which offers free storage and easier access. Administrator Jester reported on the committee’s discussion of the Commission’s role in lobbying at the State Legislature, including reviewing Attorney Gilchrist’s opinion. The Committee recommends that since the Commission’s Joint Powers Agreement allows for expenditures necessary to implement its purposes and powers, that the Commission discuss and seek legal advice on any lobbying or related membership requests that come before the Commission on a case by case basis. Administrator Jester reported that in 2019, the Commission will turn 50 years old and that the Commission should capitalize on the landmark year with specials events and/or dissemination of information to the public. The Committee recommended that the Commission’s Education Committee develop plans and budget recommendations for anniversary events. Administrator Jester reported on the Committee’s discussion on the future of stormwater management. She noted that Committee members agreed that better prioritization of the Commission’s capital projects is needed in order to better evaluate what CIP projects should be implemented and when. It was noted that subwatershed analyses and water quality impairments should be used to target projects where the need is greatest. Administrator Jester pointed out that Riley Purgatory Bluff Creek Watershed District uses a comprehensive project prioritization process that was highlighted at the MAWD conference. She reported that the Committee recommends that the Technical Advisory Committee draft a process to evaluate and prioritize projects as a first step in refining the implementation of the Commission’s Capital Improvement Program. Commissioner Welch thought the recommendations were smart, but thought the Capital Improvement Program evaluation and prioritization process should be developed by the Commission and the TAC together. [Commissioner Fruen departs.] BCWMC December 21, 2017 Meeting Minutes Page 6 of 7 MOTION: Commissioner Welch moved to approve the recommendations of the Administrative Services Committee and to develop a committee of at least three TAC members, BCWMC staff, and three Commissioners to develop and refine the CIP prioritization process. Commissioner Mueller seconded the motion. Discussion: Alt. Commissioner McDonald Black stated that TAC members are the experts, there should be a balance of efficiency and that another layer of project review should not be created. Mr. Oliver stated that in cities, staff typically discuss project priorities and make recommendations to the city council rather than involving council members in the process of choosing projects. Chair de Lambert noted that more Commission involvement in the CIP process is important and thought the motion was appropriate. Commissioner Mueller stated that the Commission needs to help sort through priorities to determine which are most valuable. Administrator Jester stated she thought there are two different activities: 1) developing the prioritization process, in which it’s appropriate to include Commissioners; and 2) using the prioritization process (once it’s developed) to determine the CIP list and schedule. Commissioner Welch noted that the Riley Purgatory Bluff Creek Watershed District performed exhaustive resource assessments and BCWMC didn’t do assessments during its Plan development. Commissioner Prom restated the discussion and added that from a common-sense approach, having the Commissioners initially involved was not micro-managing, rather helping to set up a framework. Attorney Gilchrist agreed that whatever recommendation this new subgroup comes up with would have to come back to the Commission for approval. Upon a vote the motion carried 7-0. [Cities of Minnetonka and Robbinsdale are absent from the vote.] E. Review Feedback from Staff, Commissioners, TAC Members on Staff Performance and Commission Direction Commissioner Mueller distributed copies of the responses submitted by TAC members (4) and Commissioners (5) and started by saying no contracts with consultants need to be reconsidered at this time and that the Administrative Services Committee decided not to use “Olympic-style” ranking of staff, but to gather general comments instead. Administrator Jester and Commission Engineer Chandler distributed copies of their own responses to their self- evaluations. Administrator Jester noted that these items weren’t included in the meeting packet because responses are considered private data and should not be widely distributed. Commissioner Mueller briefly reviewed TAC and Commissioner responses noting there were no glaring issues to be addressed, there were interesting and diverse comments and that further discussion may be needed by the Administrative Services Committee or others after further review. It was noted that meeting efficiency should be improved, including bringing information to the Commission prior to when a decision is needed. Administrator Jester and Engineer Chandler each briefly reviewed their responses to questions. Commissioner Welch recommended making this an agenda item at the next meeting. F. Consider Approval to Comment on Minneapolis Phase I NPDES Permit Commission Engineer Chandler commented that there are some changes in the draft NPEDS permit for Minneapolis that should be reviewed and may warrant comment. She noted that comments are due before the January Commission meeting and that she would work with the Commission Chair and Administrator to develop BCWMC December 21, 2017 Meeting Minutes Page 7 of 7 and send a comment letter, as warranted. MOTION: Commissioner Welch moved to authorize Engineer Chandler not to exceed $1,500 at the direction of the Administrator Jester to review and provide comments on the draft Phase I NPDES permit for Minneapolis. Commissioner Carlson seconded the motion. Upon a vote, the motion carried 7-0. [Cities of Minnetonka and Robbinsdale are absent from the vote.] 6. COMMUNICATIONS A. Administrator i. CIP update chart is now online which is a quick reference indicating the phases of CIP projects ii. Report on Minnesota Association of Watershed Districts Annual Meeting a. Administrator Jester thanked the Commission for the opportunity to attend iii. 2018 Road Salt Symposium in early February–registration is open iv. Conflict of interest forms need to be returned for auditors B. Chair Nothing to report. C. Commissioners Commissioner Carlson asked whether or not landowner permission was needed to inspect docks around Medicine Lake for zebra mussels. Attorney Gilchrist indicated the Commission should be more conservative with regards to trespassing and recommended getting permission from landowners. D. TAC Members Nothing to report. E. Committees Nothing to report. F. Legal Counsel Commented that he enjoys working with Administrator Jester because she’s clear, organized, and efficient. G. Engineer Nothing to report. 7. INFORMATION ONLY (Information online only) A. CIP Project Update Chart B. Grant Tracking Summary and Spreadsheet C. New Fact Sheet on Updated Flood Elevations and XP-SWMM Modeling Effort D. BCWMC Winter Maintenance Workshop Evaluations E. West Metro Water Alliance Fall Newsletter F. Children’s Water Festival Thank You G. Harrison Neighborhood Project Article H. WCA Notice of Decision, Plymouth I. WCA Notice of Application, Plymouth 8. ADJOURNMENT The meeting adjourned at 11:18 a.m. ________________________________________ ______________________________________________ Signature/Title Date Signature/Title Date Executive Summary For Action Golden Valley City Council Meeting February 7, 2018 Agenda Item 3. D. 1. Approve Purchase of Green/Tee Mower Prepared By Mike Ward, Golf Maintenance Manager Rick Birno, Director of Park and Recreation Summary The 2018-2022 Capital Improvement Program (GC-003) includes $35,000 for the purchase of a Green/Tee Mower. The current mower is a 2002 Green/Tee Mower and is in need of replacement. This purchase will be a transaction through the National IPA State Purchasing Contract #1039780 with MTI Distributing. The expense for the Green/Tee Mower purchase is as follows: Contract No. Item Vendor Amount 44063 Golf Course Green/Tee Mower MTI Distributing $32,536.23 MN State Sales Tax $2,236.87 Purchase Price to City $34,773.10 Recommended Action Motion to approve the purchase of a Green/Tee Mower from MTI Distributing through the National IPA Contract #2017025 for a total purchase price, including Minnesota sales tax, in the amount of $34,773.10. Executive Summary For Action Golden Valley City Council Meeting February 7, 2018 Agenda Item 3. D. 2. Approve Purchase of Galaxy HRE Modules for Water Meter Reading System Upgrade Prepared By Tim Kieffer, Public Works Maintenance Manager Joe Hansen, Utility Maintenance Supervisor Summary Staff is in the process of upgrading the water meter reading system to the new Galaxy Fixed Base Meter Reading System. The radio transmitter module upgrade is an integral part of the meter reading system. Wireless Galaxy transmitter modules will be installed on every water meter throughout the City. Purchase and installation of the Galaxy radio module is required to read the water meters in the fixed base meter reading system. The purchase of the transmitter modules is funded by the Water and Sanitary Sewer Enterprise Account (W&SS-063) as listed in the 2018-2022 Capital Improvement Program for the amount of $600,000. Quotes were received from Metering and Technology Solutions and National Meter and Automation, Inc. The price quotes per Galaxy HRE Module and total cost for the purchase of 468 units are listed below. Staff will take additional quotes throughout the year once stock has been depleted. Vendor Price per Unit Units Total Cost Metering and Technology Solutions $212 468 $ 99,216 National Meter & Automation, Inc. $265 468 $124,020 Recommended Action Motion to approve purchase of 468 Galaxy HRE Modules from Metering and Technology Solutions in the amount of $99,216. Executive Summary For Action Golden Valley City Council Meeting February 7, 2018 Agenda Item 3. D. 3. Approve Purchase of High-Pressure Sewer Jetting Unit Prepared By Tim Kieffer, Public Works Maintenance Manager Joe Hansen, Utilities Maintenance Supervisor Summary The 2018-2022 Capital Improvement Program includes $235,000 for the purchase of a sewer jetting truck (W&SS-012). The existing sewer jetting truck, unit 678, meets replacement criteria set forth in the City’s vehicle replacement policy and Vehicle Condition Index (VCI). The VCI is a tool utilized to assess all vehicles and equipment scheduled for replacement and any vehicle/equipment scoring 28 points and above meets the category of “needs immediate consideration.” The 2007 sewer jetting truck due for replacement scored 36 points. The truck body will be equipped with an enclosed, heated, high-pressure sewer jetting unit. This truck and equipment is used for year-round cleaning of storm sewer and sanitary sewer lines throughout the city. The League of Minnesota Cities, the City’s insurance provider, requires every sanitary sewer line be cleaned at least once every three years. The Minnesota Materials Management Division has awarded the following contracts: Contract No. Item Vendor Amount 120851-0317 2018 Sewer Equipment Co. of America 800HPR Eco Truck Mount Jetter Flexible Pipe Tool Company $157,199 124649 2018 Mack Granite 42BR Single Axle Cab & Chassis Flexible Pipe Tool Company $99,440 N/A Lateral Cleaning Kit, ½” Electric Wind Hose Reel Flexible Pipe Tool Company $2,400 Unit 678 Trade in ($25,000) Total Cab, Chassis, and Equipment Less Tax, Title, and License $234,039 Flexible Pipe Tool Company has offered a trade in on Unit 678 for $25,000. Staff feels that this is a good offer compared to sales of previous units in the past. Recommended Action Motion to approve purchase of one 2018 Sewer Equipment Co. of America 800HPR Eco Truck Mount Jetter from Flexible Pipe Tool Company in the amount of $234,039. Motion to approve trade-in of Unit 678 from Flexible Pipe Tool Company for $25,000. Executive Summary For Action Golden Valley City Council Meeting February 7, 2018 Agenda Item 3. D. 4. Approve Purchase of a 2018 Ford Utility Police Interceptor Prepared By Jason Sturgis, Police Chief Tim Kieffer, Public Works Maintenance Manager Marshall Beugen, Street and Vehicle Maintenance Supervisor Summary The Police Department is requesting an emergency purchase of a marked police interceptor. A recent accident involving unit 829 resulted in extensive damage to the squad. A claim was submitted to the League of Minnesota Cities Insurance Trust (LMCIT). The LMCIT inspected the damage and determined to total the vehicle. The LMCIT has approved the replacement purchase. The Minnesota Materials Management Division has awarded the following contract: Contract No. Item Vendor Amount 83064 2018 AWD Ford Utility Police Interceptor Ford of Hibbing $35,084.45 Recommended Action Motion to approve purchase of a 2018 Ford Utility Police Interceptor from Ford of Hibbing in the amount of $35,084.45. Executive Summary For Action Golden Valley City Council Meeting February 7, 2018 Agenda Item 3. E. Authorize Agreement with Hennepin County for Athletic Field Improvements at Isaacson Park Prepared By Rick Birno, Director of Park and Recreation Summary The City, in cooperation with Golden Valley Little League Baseball Association was awarded a $150,000 grant through the Hennepin County Youth Sports Program. The approval of this agreement is required by Hennepin County for acceptance of the grant. At the January 16, 2018, Council meeting, Council authorized the purchase and installation of the ballfield lighting for a total of $213,721. This project is included in the 2018-2022 Park Capital Improvement Funds (P-014) in the amount of $250,000 and will be financed through the Hennepin County Youth Sports Grant ($150,000), the Golden Valley Little League ($15,000) and the City of Golden Valley ($85,000). Attachment • Hennepin County Agreement No. A178412 (10 pages) Recommended Action Motion to authorize staff to sign Agreement No: A1178412 with Hennepin County for ball field lighting improvements at Isaacson Park. Contract No: A178412 AGREEMENT FOR Isaacson Park - Lighting for 2 baseball fields This Agreement is between the County of Hennepin, State of Minnesota (“COUNTY”), A-2300 Government Center, Minneapolis, MN 55487, and the City of Golden Valley, 200 Brookview Parkway, Golden Valley, MN 55426 (“LOCAL UNIT OF GOVERNMENT ” herein “LGU”). Recitals 1.Section 473.757, subd. 2 of Minnesota Statutes authorizes Hennepin County to make grants for youth activities and youth and amateur sports within Hennepin County with certain funds collected as part of the sales tax authorized in Section 473.757, subd. 10 of Minnesota Statutes. 2.Pursuant to Hennepin County Board Resolution 09-0320R3, Hennepin County created the Hennepin Youth Sports Program. The Hennepin Youth Sports Program makes grants for youth sports and activities and amateur sports within Hennepin County. 3.In 2017, as part of the Hennepin Youth Sports Program, by Resolution No. 17-0521, Hennepin County authorized an award of $150,000 to the LGU for Isaacson Park - Lighting for 2 baseball fields. NOW, THEREFORE, the parties hereto do hereby agree as follows: The parties agree as follows: 1.TERM The LGU agrees to complete and provide all necessary documentation for payment for the Project described in Section 2 between January 1, 2018 and July 31, 2019. 2.PROJECT, CONTRIBUTION, USE OF FUNDS, MARKETING AND REPORTING The LGU shall be responsible for construction of the “Project” in accordance with the application submitted by the LGU to the Minnesota Amateur Sports Commission. The LGU’s “Application” for the Project dated 12/6/2017 is on file with Hennepin County and this Application is incorporated into this Agreement by this reference. Pursuant to the terms herein, the COUNTY shall contribute to the LGU an amount not to exceed $150,000. The LGU shall be solely responsible for securing all additional funds needed for completion of the Project. The LGU shall use all funds received under this Agreement for construction of the Project. 2 The parties shall cooperatively and collaboratively develop Project marketing including but not limited to a permanent plaque or sign, news releases, public announcements, social media, video, civic opportunities, logos and community events. The LGU shall not unreasonably refuse or withhold participation from any COUNTY initiated marketing project, plan or strategy. The LGU shall provide advance copy of the LGU’s independently developed messaging and marketing materials regarding the Project to COUNTY for review and approval. COUNTY may, in its sole discretion, reject any proposed marketing if COUNTY determines the proposed marketing does not reflect the spirit or intent of the Project, this grant or is otherwise contrary to COUNTY’s best interests. Upon completion of the project, the LGU shall provide information, data, statistics and other metrics related to the project, facilities, participants and/or related activities, including but not limited to usage numbers, who is using the park, and what changes in usage were noted. This information shall be provided within one year of completion and on an annual basis for two years thereafter. 3. PAYMENT FOR SERVICES Upon completion of the Project, the LGU shall submit a Certificate of Occupancy (when applicable) and/or an Affidavit of Project Completion (See Attachment A), as directed by COUNTY. Upon COUNTY’s confirmation that the Project is complete, the LGU shall submit invoices for Project expenses with a Reimbursement Request letter in substantially the same content and character as Attachment B. If the total cost of the completed Project is less than the amount identified by the LGU in the budget the LGU submitted for the Project, the COUNTY’s payment will be reduced based on a pro rata share of the difference between the budgeted amount and the actual amount. Payment shall be made directly to the LGU upon the presentation of a complete claim in the manner provided by law governing the COUNTY’S payment of claims and/or invoices. Payment shall be made within forty-five (45) days from receipt of the invoice. 4. PROFESSIONAL CREDENTIALS INTENTIONALLY OMITTED 5. INDEPENDENT CONTRACTOR LGU shall select the means, method, and manner of performing the services. Nothing is intended or should be construed as creating or establishing the relationship of co-partners 3 between the parties or as constituting LGU as the agent, representative, or employee of the COUNTY for any purpose. LGU is and shall remain an independent LGU for all services performed under this Agreement. LGU shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel of LGU or other persons while engaged in the performance of any work or services required by LGU will have no contractual relationship with the COUNTY and will not be considered employees of the COUNTY. The COUNTY shall not be responsible for any claims that arise out of employment or alleged employment under the Minnesota Economic Security Law or the Workers’ Compensation Act of the State of Minnesota on behalf of any personnel, including, without limitation, claims of discrimination against LGU, its officers, agents, LGUs, or employees. LGU shall defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers, and employees from all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers’ Compensation, Re-employment Compensation, disability, severance pay, and retirement benefits. 6. NON-DISCRIMINATION A. In accordance with the COUNTY’s policies against discrimination, LGU agrees that it shall not exclude any person from full employment rights nor prohibit participation in or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin. No person who is protected by applicable Federal or State laws against discrimination shall be subjected to discrimination. 7. INDEMNIFICATION LGU agrees to defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any act or omission of LGU, a subcontractor hired by the LGU, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of LGU to perform any obligation under this Agreement. Nothing in this Agreement constitutes a waiver by the LGUs of any statutory or common law defenses, immunities, or limits on liability. The LGUs cannot be required to pay on behalf of themselves and COUNTY to a third party, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for COUNTY and LGUs may not be added together to determine the maximum amount of liability for LGUs. 4 8. DATA PRACTICES LGU, its officers, agents, owners, partners, employees, volunteers and subLGUs shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality. If LGU creates, collects, receives, stores, uses, maintains or disseminates data because it performs functions of the COUNTY pursuant to this Agreement, then LGU must comply with the requirements of the MGDPA as if it were a government entity, and may be held liable under the MGDPA for noncompliance. LGU agrees to defend, indemnify and hold harmless the COUNTY, its officials, officers, agents, employees, and volunteers from any claims resulting from LGU’s officers’, agents’, owners’, partners’, employees’, volunteers’, assignees’ or subLGUs’ unlawful disclosure and/or use of such protected data, or other noncompliance with the requirements of this section. LGU agrees to promptly notify the COUNTY if it becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA. The terms of this section shall survive the cancellation or termination of this Agreement. 9. RECORDS – AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5, LGU agrees that the COUNTY, the State Auditor, the Legislative Auditor or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of LGU and involve transactions relating to this Agreement. LGU shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its termination or cancellation. 10. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. LGU binds itself, its partners, successors, assigns and legal representatives to the COUNTY for all covenants, agreements and obligations contained in the contract documents. B. LGU shall not assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of the COUNTY. A consent to assign shall be subject to such conditions and provisions as the COUNTY may deem necessary, accomplished by execution of a form prepared by the COUNTY and signed by LGU, the assignee and the COUNTY. Permission to assign, however, shall under no circumstances relieve LGU of its liabilities and obligations under the Agreement. 5 C. LGU may subcontract for the services to be performed pursuant to this contract. Permission to subcontract, however, shall under no circumstances relieve LGU of its liabilities and obligations under the Agreement. Further, LGU shall be fully responsible for the acts, omissions, and failure of its subLGUs in the performance of the specified contractual services, and of person(s) directly or indirectly employed by subLGUs. Contracts between LGU and each subLGU shall require that the subLGU’s services be performed in accordance with the terms and conditions specified. LGU shall make contracts between LGU and subLGUs available upon request. 11. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. 12. DEFAULT AND CANCELLATION A. If LGU fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, it shall be in default. Unless LGU’s default is excused by the COUNTY, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for the COUNTY to delay payment until LGU’s compliance. In the event of a decision to withhold payment, the COUNTY shall furnish prior written notice to LGU. B. The above remedies shall be in addition to any other right or remedy available to the COUNTY under this Agreement, law, statute, rule, and/or equity. C. The COUNTY’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. D. This Agreement may be canceled with or without cause by either party upon thirty (30) day written notice. If COUNTY cancels this Agreement without cause 6 upon thirty days written notice, COUNTY shall pay the LGU reasonable expenses incurred prior to the notice of cancellation. E. Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement include but are not limited to: INDEPENDENT CONTRACTOR; INDEMNIFICATION; DATA PRACTICES; RECORDS- AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION; PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. 13. CONTRACT PROCESSING AND ADMINISTRATION The Minnesota Amateur Sports Commission (“MASC”) will serve as staff liaison in the grant process administration. Responsibilities will include but not be limited to: forwarding all required grant processing documents to LGU; and forwarding appropriate documents to COUNTY for processing and/or execution (i.e., grant contract and invoice requests). MASC will serve as contact for grant administration and/or processing inquiries. Joe Mathews, or successor, shall manage this Agreement on behalf of the COUNTY and serve as contract liaison between the COUNTY and LGU. 14. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. LGU shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. B. If the source or partial source of funds for payment of services under this Agreement is federal, state or other grant monies, LGU shall comply with all applicable conditions of the specific referenced or attached grant. C. LGU certifies that it is not prohibited from doing business with either the federal government or the State of Minnesota as a result of debarment or suspension proceedings. 15. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the originating Department at the address given in the opening paragraph of the Agreement. Notice to LGU shall be sent to the address stated in the opening paragraph of the Agreement. 7 16. PROMOTIONAL LITERATURE LGU agrees that the terms “Hennepin County” or any derivative shall not be utilized in any promotional literature, advertisements of any type or form or client lists without the express prior written consent of the COUNTY. 17. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 8 LGU AUTHORIZATION *LGU: City of Golden Valley By: Its: And: Its: organized under: Statutory_____ Option A_____ Option B_____ Charter_____ *LGU shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory’s delegation of authority. This documentation shall be submitted at the time LGU returns the Agreement to the COUNTY. Documentation is not required for a sole proprietorship. COUNTY BOARD AUTHORIZATION COUNTY OF HENNEPIN STATE OF MINNESOTA Reviewed by the County By: Attorney’s Office Chair of Its County Board ATTEST: ______________________________ Deputy/Clerk of County Board Date: ________________________ Date: And: Assistant/Deputy/County Administrator Date: 9 ATTACHMENT A Affidavit of Project Completion This document is to be completed for projects receiving Hennepin Youth Sports Program Grants where a Certificate of Occupancy, per Minnesota Rules 1300.0220, is not required to be issued. I hereby certify that: 1. The facility/structure listed below is not subject to the conditions of Minnesota Rules 1300.0220 2. This document shall serve in lieu of a Certificate of Occupancy. 3. The construction of the facility is completed as outlined in contract A178412 with Hennepin County 4. The facility is safe to be occupied by the public. 5. The required signage/plaque is in place per county guidelines Facility Address:_____________________________________ PIN (if applicable):____________________________________ Legal Description:____________________________________ Zoning District:______________________________________ Owner Name:________________________________________ Address:____________________________________________ City State Zip:_______________________________________ Phone:_____________________________________________ Comments:_________________________________________ Name of Grant Recipient: ___________________________________________________________ ____________________________________ _____________________________ Name of Authorized Official (print) Title _________________________________________ _____________________________ Signature Date This document is to be mailed to: Lynda Lynch Minnesota Amateur Sports Commission 1700 105th Avenue NE Blaine, MN 55449 10 ATTACHMENT B SAMPLE REIMBURSEMENT REQUEST LETTER (Submitted on Grant Recipient’s Official Letterhead) (Date) Minnesota Amateur Sports Commission Attn: Lynda Lynch 1700 105th Avenue NE Blaine MN 55449 Dear Ms. Lynch: Please accept this letter as our formal request to receive the Hennepin Youth Sports Program grant funds in the amount of $____________ for Isaacson Park - Lighting for 2 baseball fields. This letter also serves as official notification of our acknowledgement and adherence of the language and provisions of the executed grant agreement A178412. Per your request and attached for your review are copies of paid invoices totaling $_____________. These paid invoices equal or exceed our project’s grant award. In addition, to demonstrate the project has been completed and documented as such, a copy of the Certificate of Occupancy is enclosed for your records. I trust the documentation provided is sufficient for your purposes. Please feel free to contact me if you need additional information or have any questions. Sincerely, (Authorized/Official Signature) Executive Summary For Action Golden Valley City Council Meeting February 7, 2018 Agenda Item 3. F. Award Contract for the Demolition of 1601 and 1605 Independence Avenue North for the Olympia Street Flood Reduction Project #16-14 Prepared By Jeff Oliver, PE, City Engineer Tom Hoffman, Water Resources Technician Summary At the January 3, 2017, City Council meeting, Resolution #17-04 was approved to authorize execution of a Flood Damage Reduction Assistance Grant Agreement. The City of Golden Valley received a 50% match in funding from the Minnesota Department of Natural Resources Division of Water (DNR) to acquire and demolish the houses at 1601 and 1605 Independence Avenue North. Staff is working with the property owner of 1604 Mendelssohn Avenue North to acquire the property, this is the last remaining flood prone property in this area. Staff solicited quotes from qualified demolition contractors to have the demolition work performed. Seven quotes were received and listed below: Final Grade Inc. $38,000 Nitti Rolloff Demolition Services Inc. $38,918 Wickenhauser Excavating $39,128 Bollig & Sons Inc. $41,350 Kevitt Excavating LLC $43,000 M-T Carpenter Landscape $45,800 Lloyd’s Construction Services Inc. $49,710 Staff reviewed the quotes and found them to be accurate and acceptable. Funding for 50% of the demolition work is provided by the Flood Damage Reduction Assistance Grant from the DNR. The remaining 50% of the cost will be paid from the City’s Storm Sewer Capital Improvement Program, Flood Mitigation SS-34. Attachments • Location Map (1 page) Recommended Action Motion to award a contract for the Demolition of 1601 and 1605 Independence Avenue North to Final Grade Inc., in the amount of $38,000. P r k 10' N � U C.' v 4-J Cz • b4 0 4-J .CIS ., r. AL I e • + �...� s"ar at s '.:,:�.m..�...�,�.�. 'r � � i°�'#rsre}a�.:}.....�'�4•'�t'+rR'R'ar3..� .;+-�"� 00 ti Executive Summary For Action Golden Valley City Council Meeting February 7, 2018 Agenda Item 3. G. Approve Professional Service Contract for Body-Worn, In-Car and Interview Room Cameras Prepared By Jason Sturgis, Chief of Police Summary At the December 20, 2016, City Council meeting, $210,000 was approved and transferred from the General Fund to the Equipment Replacement Fund to purchase body-worn cameras. At the December 19, 2017, City Council meeting, a professional service contract with WatchGuard was approved for $91,484, which covered the first phase of the project for the purchase of the in- car cameras system with body-worn cameras. Staff is seeking approval to enter into a professional service contract with WatchGuard for the purchase of additional body-worn cameras, in-car cameras, interview room cameras, software and training. Recommended Action Motion to approve a professional service contract with WatchGuard for body-worn, in-car and interview room cameras in the amount of $38,786. Executive Summary For Action Golden Valley City Council Meeting February 7, 2018 Agenda Item 3. H. Approve Professional Services Agreement for 2018 Roof Replacements Prepared By Tim Kieffer, Public Works Maintenance Manager Al Lundstrom, Park Maintenance Supervisor Summary The 2018-2022 Capital Improvement Program includes $270,000 for roof replacement on public buildings (B-041). The Wesley Park Shelter and the 10th Avenue North Cold Storage Building roofs are currently scheduled for replacement in 2018. The 10th Avenue North Cold Storage Building is also scheduled to be insulated in 2022. Staff met with Environmental Process, Inc. (EPI) recently to discuss potential methods to insulate the roof. Following that meeting however, staff now anticipates it will be more cost effective to replace and insulate the roof at the same time in 2022. However, a more thorough examination of the building’s structure needs to be conducted to see if this is feasible. Subsequently, staff recommends substituting the roof replacement of 10th Avenue North Cold Storage Building with replacement of the roof at the Schaper Park shelter (not currently programed) and including it as a bid alternate with the Wesley Park shelter project. The Schaper Park shelter has asphalt shingles, and is increasingly in need of periodic repair. Staff expects to get better unit pricing by combining the Schaper Park roof replacement work with the Wesley Park shelter work (which includes new framing and metal roofing) into one project. A professional services agreement from Environmental Process, Inc. is attached for the following projects: • Wesley Park Shelter and Schaper Park Shelter Roof Replacements • 10th Avenue North Cold Storage Building Roof Replacement and Insulation Feasibility The City has contracted with EPI for similar projects in the past. The agreement provides design, bidding, and project management services for Wesley Park and Schaper Park Shelters roof replacements for the amount of $24,850. Additionally, it includes design, feasibility, and cost estimates to replace and insulate the 10th Avenue Cold Storage Building roof for the amount of $6,000. Attachments • Professional Services Agreement with Environmental Process, Inc. (14 pages) • Wesley Park Shelter and Schaper Park Shelter Roof Replacement Proposal (5 pages) • 10th Avenue North Cold Storage Building Roof Replacement and Insulation Proposal (4 pages) Recommended Action Motion to approve the professional services agreement with Environmental Process Inc. for 2018 Roof Replacements in the amount of $30,850. PROFESSIONAL SERVICES AGREEMENT This Agreement is made as of the 23`d day of__L4nuary 2018,by and between the City of Golden Valley, hereinafter referred to as City,and Environmental Process,Inc.(EPI),hereinafter referred to as Consultant,with offices located at 715 Florida Avenue South, Suite 111,Golden Valley,Minnesota 55426. Witnesseth,that the City and Consultant,for the consideration herein named,agree as follows: SECTION 6/EXHIBITS SECTION 1/GENERAL CONTRACT The following initialed Exhibits are attached to and PROVISIONS made a part of this Agreement: These provisions shall be as set forth in Exhibit A. X Exhibit A General Contract Provisions SECTION 2/SCOPE OF WORK The scope of work to be performed by Consultant is set X Exhibit B Definitions forth in Exhibit C. The work and services to be X Exhibit C Scope of Work performed hereunder and described in Exhibit C shall X Exhibit D Compensation be referred to herein and in the General Contract X Exhibit E Insurance Schedule Provisions as the Project. — X Exhibit F Rate Schedule SECTION 3/COMPENSATION Compensation to Consultant for services described in SECTION 7/ACCEPTANCE OF AGREEMENT this Agreement shall be as designated in the attached All work and services described in this Agreement Exhibit D and as hereinafter described. shall be performed by Consultant only after written acceptance of the City. The undersigned hereby SECTION 4/WORK SCHEDULE accept the terms and conditions of this Agreement The anticipated schedule is set forth in Exhibit C. and Consultant is hereby authorized to perform the services described herein. SECTION 5/SPECIAL CONDITIONS Special conditions,if any,are as set forth in Exhibit G. CONSULTANT: ENVIRONMENTAL PROCESS,INC. CITY: CITY OF GOLDEN VALLEY ADDRESS: 7800 GOLDEN VALLEY ROAD ADDRESS: 715 FLORIDA AVE. S., SUITE 111 GOLDEN VALLEY,MN 55427 GOLDEN VALLEY,MN 55426 By: Michael Berreau BY: Shepard M.Harris SIGNATURE: SIGNATURE: TITLE: Mayor BY: Tim Cruikshank TITLE: President/CEO SIGNATURE: TITLE: City Manager ADDRESS: Professional Services Agreement Page 1 of 9 EXHIBIT A GENERAL CONTRACT PROVISIONS ARTICLE 1-GENERAL As to superseding effect,the attached exhibits shall govern over these These general contract provisions are incorporated in and becomeapart of general provisions,and the supplemental Agreement,where applicable, the Agreement to which it is attached between LHB, Inc.,hereinafter shall gowm over attached exhibits and these general provisions. referred to as Consultant and the other party to the Agreement,City of Golden Valley,hereinafter referred to as City,wherein the Cityeagages the The Agreement constitutes the entire understanding between the Consultant to provide certain services more particularly described in Consultant and City. The Agreement supersedes all prior written or oral Exhibit Q Scope of Work. Either party may be hereinafter referred to as understanding and may only be amended,supplemented,modified or party or, collectively, parties. The starting date will commence when cancelled by a duly executed written instrument. authorial by the City, ARTICLE 6-RESPONSIBILITIES ARTICLE 2-CHANGED CONDITIONS A. In order to permit the Consultant to perform the services required If the Consultant determines that any services it has been directed or under this Agreement,the City shall,in proper time and sequence and requested to perform are beyond the scope as set forth in Exhibit C or that, where appropriate to the Project,at no expense to the Consultant due to changed conditions or changes in the method or manner of administration of the Project,the Consultant's effort required to perform 1. Provide available information as to its requirements for the Project. its services under this Agreement exceeds the estimate which formed the 2. Guarantee access to and make all provisions for the Consultant to basis for the Consultants compensation,Consultantshall promptlynotify enter upon public and private lands to enable the Consultant to the City of that fact. Additional work and additional compensation for perform its work under this Agreement. such work,and the extension of time for completion thereof;shall be set 3. Provide such legal,accounting and insurance counseling services as forth in a supplemental Agreement entered into by the parties prior to may be required for this Project, (such as review of insurance proceeding with any additional work or related expenditures. Such certificates, bonding clarifications and legal questions regarding supplemental Agreement shall be incorporated in and become a part ofthis property acquisition or assessment). Agreement. 4. Notify the Consultant whenever the City observes or otherwise becomes aware of any defect in the Project. ARTICLE 3-TERMINATION 5. The Golden Valley City Council or a person or persons designated, The City may by written notice terminate the Agreement or any portion shall act as City's representative with respect to the services to be thereof when it is deemed in the City's best interest to do so or the City is rendered under this Agreement.The City's representative shall have unable toadequately fund payment for the Agreement because o£changes the authorityto transmit and receive instructions and information and in State fiscal policy,regulation or law. In the event of termination,copies to interpret and define the City's policies with respect to services of plans,reports,specifications,electronic drawing/data files(CADD), rendered by the Consultant field data,notes,and other documents whether written,printed or recorded 6. Furnish data(and professional interpretations thereol)prepared byor on any medium whatsoever, finished or unfinished, prepared by the services performed by others,including where applicable,but not Consultantpursuant to this Agreement and pertaining to the work or to the limited to,previous reports,core borings,probings and sub-surface Project,(hereinafter"Instruments of Service"),shall be made available to explorations,hydrographic and hydrogeologic surveys,laboratory the City pursuant to Article 4.All provisions of this Agreement allocating tests and inspection of samples,materials and equipment;appropriate responsibilityorliabilitybetween the City and Consultant shall survive the professional interpretations of the foregoing data;environmental completion of the services hereunder and/or the termination of this assessment and impact statements;property,boundary,easement, Agreement, right-of-way,topographic and utility surveys;property description; zoning,deed and other land use restrictions;and other special data. ARTICLE 4-REUSE AND DISPOSITION OF INSTRUMENTS OF 7. Review all reports, sketches, drawings, specifications and other SERVICE documents prepared and presented by the Consultant,obtain advice of During the course of the work,the Consultant shall(if requested,)make legal,accounting and insurance counselors or others as City deems available to the City copy(ies)of the Instruments of Service. At the time necessary for such examinations and render in writing decisions of completion or termination of the work,the Consultant shall make such pertaining thereto within reasonable times so as not to delay the Instruments of Service available to the City upon(i)payment of amounts performance by the Consultantof theservices to be rendered pursuant due and owing for work performed and expenses incurred to the date and to this Agreement. time of termination,and(ii)fulfillment of the City's obligationunder this 8. Where appropriate,endeavor to identify,remove and/or encapsulate Agreement and such Instruments of Service shall become the property of asbestos products or materials or pollutantslocated in the project area the City. Any use or re-use of such Instruments of Service by the City or prior to accomplishment by the Consultant of any work on the others without written verification or adaption by the Consultant exceptfor Project. the specific purpose intended will be at the City's risk and full legal 9. Provide record drawings and specifications for all existing physical responsibility plants of facilities which are pertinent to the Project. 10. Where available provide other services,materials,or data as may be The City agrees,to the fullest extent permitted by law,to indemnify and set forth. hold the Consultant harmless from any claim,liabilityor cost(including 11. Bear all costs incidental to compliance with the requirements of this reasonable attorneys'fees,and defense costs)arising or allegedly arising article. out of any unauthoriad reuse or modification of these Instruments of 12. Provide the foregoing in a manner sufficiently timely so as not to Service by the City or any person or entity that acquires or obtains the delay the performance by the Consultant of the services in accordance reports,plans and specifications from or through the City without the with the Contract Documents. written authorization of the Consultant Under no circumstances shall transfer of Instruments of Service be deemed a sale by Consultant and B. Consultant shall be entitled to rely on the accuracy and completeness Consultant makes no warranties, either expressed or implied, of of information or services furnished by the City or others employed by the City. Consultant shall endeavor to veri the information provided and merchantability and fitness for any particular purpose Consultant shall y fy p cause any contract for workbetween Consultantand a third party forwork shall promptly notify the City if the Consultant discovers that any under this Agreement to contain the terms and provisions of this Article 4 information or services furnished bythe Cityis in error or is inadequate for relating to thehnstruments of Service created by such subcontractor. its purpose ARTICLE 5-AGREEMENT ARTICLE 7-OPINIONS OF COST As used herein Agreement means: Opinion,if any,of probable cost,construction cost,financial evaluations, (1) The Agreement for engineering, surveying and planning feasibilitystudies,economicanalysesofalternatesolutionsandutilitarian services; considerations of operations and maintenance costs provided for are made (2) These general contract provisions; or to be made on the basis ofthe Consul tantsexperienceand qualifications (3) The attached exhibits;and and represent the Consultants best judgment as an experienced and (4) The supplemental Agreement,where applicable. qualified professional design firm.The parties acknowledge,however,that the Consultant does not have control over the cost of labor,material, Exhibit A—General Contract Provisions Page 2 of 9 equipment or services furnished by others or over market conditions or contractors methodsof determining their prices,and any evaluation ofany The Consultant shall be liable for any work done by a subcontractor for facility to be constructed or acquired, or work of necessity must be services rendered under this Agreement.The City shall be entitled to pay speculative until completion of construction or acquisition.Accordingly, any such subcontractor directly in its own discretion. the Consultantdoes not guarantee that proposals,bids or actual costs will not vary from opinions,evaluationsor studies submitted bythe Consultant. ARTICLE 8-INSURANCE ARTICLE 16-INDEMNIFICATION Consultant has procured insurance in the types and amounts set forth in The Consultant agrees,to the fullest extent permitted by law,to indemnify Exhibit E,and shall cause any work subcontracted to a third party to be and hold the City,their elected officials,officers,agents and employees completed under a subcontract requiring the procurement of insurance in harmless from any damage, liability or cost (including reasonable the types and amounts set forth in Exhibit E. The Consultant further attorneys'fees and costs of defense)to the extent caused by the provision agrees to furnish certificates of the insurance set forth in Exhibit E to the of services,errors or omissions in the performance ofprofessional services City,naming the City as an additional insured,not later than ten(10)days under this Agreement and those of Consultant,subconsultantsor anyone after execution of this Agreement and will provide the City with written for whom the Consultant is legally liablt notice ten(10)days prior to cancellation of the policy or any material change in the coverage period. The City agrees to the fullest extent permitted by law,to indemnify and hold the Consultantharmless from any damage,liabilityor cost(including ARTICLE 9-ASSIGNMENT reasonable attorneys'fees and costsofdefense)to the extent caused by the This Agreement,intended to secure the service of individuals employed by Citys negligent acts, errors or omissions and those of his or her and through the Consultant shall not be assigned or transferred without contractors,subcontractors or consultantsor anyone for whom the City is written consent of the City. legally liable, and arising from the project that is the subject of this Agreement. ARTICLE 10-CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. ARTICLE 1 I-NON-DISCRIMINATION Consultantwill complywith theprovisionsof applicable Federal,State and Local Statutes,Ordinances,and Regulations pertaining to human rights and non-discrimination, and shall cause any contract for work subcontracted to a third party to be completed under a subcontract requiring compliance with Article I I herein. ARTICLE 12-CONFLICT RESOLUTION In an effort to resolve any conflicts that arise during the design or construction ofthe project or following the completion of the project,the City and Consultantagree that all disputes between them arising out of or relating to this Agreement shall be submitter]to nonbinding mediation unless the parties mutually agree otherwise. ARTICLE 13-CONFIDENTIALITY The Consultant agrees to keep confidential and not to disclose to any person or entity,other than the Consultant's employees,subconsultants and the general contractor and subcontractors,if appropriate,any data and information not previously known to and generated by the Consultant or furnisher)to the Consultant and marked CONFIDENTIAL by the City. These provisions shall not apply to information in whatever form that comes into the public domain,nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such order is issued by a court,administmthe agency or other authority with proper jurisdiction,or if it is reasonably necessary for the Consultant to defend himself or herself from any suit or claim. ARTICLE 14-LOCATION OF UNDERGROUND IMPROVEMENTS The Consultant and/or his authorized subconsultant will conduct the research that in his or her professional opinion is necessary and will prepare a plan indicating the locations intended for subsurfacepenetrations with respect to assumed locations of underground improvements. Such services by the Consultantor his or her subconsultant will be performed in a manner consistent with the ordinary standard of care. The City recognizes that the research may not identify all underground improvements and that theinformation upon which the Consultant relies may contain errors or may not be completed. The City agrees,to the fullest extent permitted by law,to waive all claims and causes of action against the Consultant and anyone for whom the Consultant may be legally liable, for damages to underground improvements resulting from subsurface penetration locations established by the Consultant except that the City does not release the Consultant its principals,employees, agents and consultants fiom negligence which causes damage to underground improvements resulting from subsurface penetration locations established by the Consultant ARTICLE 15-REVIEW It is understood and agreed by the Consultant that the City,through its authorized agents shall be the sole and final judge of the fitness of the work and its acceptability,and no payment shall bemade to the Consultant hereunder until the work shall have been found acceptable by the City through its authorimd agents. Exhibit A—General Contract Provisions Page 3 of 9 EXIIIBIT B DEFINITIONS B.l "HOURLY BASIS" means that the fee shall be determined by multiplying the number of hours of work performed, times the direct personnel cost for the appropriate labor classification shown on the fee schedule. B.2 "EXPENSES"means costs incurred in the performance of the services described herein or authorized by the City which are not direct personnel costs or overhead costs. Expenses include long distance telephone charges, subconsultant fees, testing costs, outside reproduction and printing costs, equipment rental costs and similar costs. B.3 "IMPROVEMENT PROJECT"means public improvement projects authorized by the City and paid for with public funds. B.4 "INSTRUMENTS OF SERVICE" means the specifications, plans and other documents (including those in electronic form), prepared by Consultant and its subcontractors of this project. Exhibit B—Definitions Page 4 of 9 EXHIBIT C SCOPE OF WORK SCOPE OF SERVICES FOR IMPROVEMENT PROJECTS See Attached 2018 Scope Letters dated: C-1: January 23, 2018 (Wesley Park Shelter and Schaper Park Shelter- 2018 Roof Replacement) C-2: January 23, 2018 (10th Avenue Cold Storage Building—Roof Replacement Feasibility) Exhibit C—Scope of Work Page 5 of 9 SCHEDULE a. 2018 TENTATIVE SCHEDULE—Cl (Wesley Park Shelter and Schaper Park Shelter-2018 Roof Replacement) Preparation of Construction Documents(Plans and Specifications) March and April 2018 Bidding(Pre-Bid Meeting,Bid Opening,Bid Review and Recommendation) May 2018 Bid Award/Contracts(Council Meeting, Contracts,Insurance,Bonds) June 1-15,2018 Shop Drawing Preparation,Review, and Approval June 16-31,2018 Order Roofing Materials(8 week lead time)—Delivery of Roofing Materials July—September 2018 Contractor Mobilization/Project Work July 2018 Demolition,Framing, and Roofing Underlayment Installation July-August 2018 Metal Roofing, Siding, Soffit, Gutter,and Window Installation September 2018 Punch List/Finalize All Work October 1-15,2018 Project Close Out Documents(IC-134, Lien Waivers,Final Payment) October 16-31, 2018 b. 2018 TENTATIVE SCHEDULE — C2 (10th Avenue Cold Storage Building — Roof Replacement Feasibility) Roof Structural Evaluation,Roofing System Design, Cost Estimate March and April 2018 Submit Feasibility Report May 2018 Exhibit C—Scope of Work Page 6 of 9 EXHIBIT D COMPENSATION The City shall pay the Consultant for Basic Services rendered on an hourly basis as mutually agreed to and deemed fair and reasonable for the particular work to be performed. Consultant's current fee schedule with hourly rates is attached to this contract as Exhibit F. The rate schedule is for 2018, and will remain in effect for the term of the project. The following are the compensation terms: D.l Receipt of Payment In order to receive payment for services,the Consultant shall submit monthly invoices describing in detail the services performed in accordance with this contract. The City shall pay Consultant before ten(10) days after receipt of(a) each monthly invoice, (b) a certificate from the City that work has been completed, and (c) an opinion of the City's attorney that the City is then obligated to pay the sum contracted for herein. The personnel who worked on the project shall be included in the invoice. Invoices shall include daily reports detailing the time for each day that the individual was working on the project. All invoices will include the City representative who authorized the work. All payments to the Consultant shall be made payable to Environmental Process. Inc. and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Consultant to third parties. D.2 Expenses Consultant shall be reimbursed for reasonable expenses related to the scope of services of this contract and/or individual projects. The Consultant shall be reimbursed for the actual cost of the expenses, without markup. Typical expenses include,but are not limited to, the following: ■ Plan and specification reproduction fees ■ Costs related to the development of project photos The following shall not be considered reimbursable expenses: ■ Mileage ■ Mobile phone usage ■ Computer equipment time/special equipment ■ Preparation and reproduction of common correspondence ■ Mailing ■ Digital Camera/Photos Exhibit D-Compensation Page 7 of 9 EXHIBIT E INSURANCE SCHEDULE GENERAL LIABILITY Carrier: Ohio Security Insurance Company Type of Insurance: Commercial General Liability Coverage: General Aggregate $2,000,000 Products-Comp/Ops Aggregate $2,000,000 Personal &Advertising Injury $1,000,000 Each Occurrence $1,000,000 Umbrella Liability $2,000,000 AUTOMOBILE LIABILITY Carrier: Ohio Security Insurance Company Type of Insurance: Any Auto Hired Autos Non-Owned Autos Coverage: Combined Single Limit $1,000,000 WORKER'S COMPENSATION AND EMPLOYERS'LIABILITY Carrier: Ohio Casualty Insurance Company Coverage Statutory Each Accident $ 1,000,000 Disease-Policy Limit $ 1,000,000 Disease-Each Employee $ 1,000,000 PROFESSIONAL LIABILITY(ERRORS AND OMISSIONS) Carrier: RLI Insurance Company Coverage: $2,000,000 per claim limit/$2,000,000 aggregate unit Certificates of Insurance will be provided upon request. Exhibit F—Rate Schedule Page 8 of 9 A,`CORE® DATE(MMfDD1YYY`!) V CERTIFICATE OF LIABILITY INSURANCE 1/9/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER UUMAU1 NAME: Terrese Norman Central Lakes Insurance BrokersAM,No, Ext): 9524797259 (A/c,No): 9528562457 4820 W 77th St Sic 125 C AIL ADDRESS: terrese@clakeins.com INSURER(S)AFFORDING COVERAGE NAIC# Edina MN 55435 INSURER A: OHIO SECURITY INS CO 24082 INSURED INSURER 0: OHIO CAS INS CO 24074 Environmental Process Inc INSURER C: PO Box 215 INSURER D: INSURER E: Lc SUcur MN 56058 INSURER F: COVERAGES CERTIFICATE NUMBER: REVII31ON NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INS. XD" POLICYNUMBER (MMIDD (MM/DDfYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1000000 CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ 1000000 MED EXP(Any one person) S 15000 A BZS56310719 09/13/2017 09/13/2018 PERSONAL a ADV INJURY $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2000000 POLICY PRO ❑ JECT LOC PRODUCTS•COMP/OP AGG $ 2000000 OTHER: $ AUTOMOBILE LIABILITY ' (Ea acrJdent $ 1000000 ) X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED BAS56310719 09/13/2017 09/13/2018 BODILY INJURY(Per accident $ AUTOS ONLY AUTOS 1 HIRED NON-OWNED AUTOS ONLY AUTOS ONLY (Per accident) $ S X UMBRELLA LIA13 X I OCCUR EACH OCCURRENCE $ 2000000 B EXCESS LIA9 CLAIMS-MADE US056310719 09/13/2017 09/13/2018 AGGREGATE $ 2000000 X DED I RETENTIONS 10000 S ORKERS COMPENSATION XS"ATLRE ER AND EMPLOYERS'LIABILITY YPROPRIETOR/PARTNERIEXECUTIVE YN XW056310719 09/13/2017 09/13/2018 E.L.EACH ACCIDENT $ 1000000 B FFICER/MEMBER EXCLUDED? N/A Mandatary to NH) E.L.DISEASE-EA EMPLOYEE S 1000000 Eyyes,describe under E.L.DISEASE•POLICY LIMIT $ 1000000 ESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Golden Willett ACCORDANCE WITH THE POLICY PROVISIONS, 7800 Golden Valley Road AUTHORIZED REPRESENTATIVE W�Lane Kannu�bwg Golden Valley,MN 55427 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AC'OR" CERTIFICATE OF LIABILITY INSURANCE DATE(MMrDD/YYYYI 1/9/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER i CONTACT NAME: CBrtB@fenneY-@f31@r.COm Fenner & Saler PHONE (201)262-1200 FAX,AICNo): (201)262-7810 467 Kinderkamack Road E-MAIL ADDRESS: P. O. Box 60 INSURER(S) AFFORDING COVERAGE NAIC p Oradell NJ 07649-0060 INSURERA:RLI Insurance Company 13056 INSURED INSURER B Environmental Process, Inc. INSURERC: PO Box 215 _INSURERD: INSURER E: Le Su@ur MN 56058 INSURER F: COVERAGES CERTIFICATE NUMBER:Master 16-18 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 TR TYPE OF INSURANCE UBR POLICY NUMBER POLICY EFF (POLICY EXY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE RENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL R ADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY 0 PRO- r_1JECT LOC PRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS AUTOS ( ) NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident $ J $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR HCLAIMS-MADE AGGREGATE $ DED I I RETENTION $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTNE Y I N E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? N f A (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional RDP0026924 11/13/2016 11/13/2018 Per Claim Limit $2,000,000 Liability Annual Aggregate $2,000,000 LI DESCRIPTION OF OPERATIONS/LOCATIONS t VEHICLES (ACORD 101,Addidonal Remarks Schedule,may be attached if more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Golden Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 7800 Golden Valley Road ACCORDANCE WITH THE POLICY PROVISIONS. Golden Valley, MN 55427 AUTHORIZED REPRESENTATIVE Timothy Esler/MICHEL ©1988-2014 ACORD CORPORATION. Al I rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Exhibit F 2018 Rate Schedule See attached Attachment F—2018 Fee Schedule 000090/4805681959626_1 Exhibit F—Rate Scbedule Page 9 of 9 ENVIRONMENTAL PROCESS, INC. 715 Florida Ave.S.,Suite 111 1185 Parkview Dr.U-D22 Golden Valley,MN 55426 Canyon Lake,TX 78133 763-398-3040 Fax: 763-398-0121 Phone:830-935-4909 P r epimpls@go=eepi.com www.ao-epi.com epitx@go-epi.com EXHIBIT F 2018 Fee Schedule January 1,2018 Note: All Professional Fees are based on a hourly rate-no extra overtime costs.The rates presented are portal to portal. 1 General Professional Services Principal 185.00 Sr. Project Manager/Coordinator 155.00 Project Manager/Coordinator 150.00 Licensed Code Specialist 146.00 Project Technician 1 81.00 Sr. A/E Technical Draftsman/Cad Operator 75.00 Jr.A/E Technical Draftsman/Cad Operator 68.00 Project Technician 11 66.00 Word Processor/Clerical/Administration 54.00 2 Architectural/Engineering Professional Services Licensed Architect/Engineer(Structural/Mechanical/Electrical) 156.00 Associate Architect/Designer/Construction Specialist 146.00 Construction Specifier/Estimator/Plans Examiner/Special Inspector 124.00 Associate Architect/Engineer(Structural/Mechanical/Electrical) 104.00 3 Environmental Professional Services Indoor Air Quality Diagnostician 185.00 Associate Indoor Air Quality Diagnostician 148.00 Certified Industrial Hygienist 150.00 Environmental Designer/Inspector/Planner/Coordinator 140.00 Licensed Mold Assessment Consultant(TX) 140.00 Licensed Asbestos Designer/Inspector/Management Planner 140.00 Licensed Lead Inspector/Risk Assessor/Designer 140.00 Industrial Hygienist(Mold/Asbestos/Lead) 104.00 Associate Environmental Designer(Asbestos/Lead/Mold) 104.00 Licensed Asbestos Inspector/Management Planner 92.00 Licensed Asbestos Building Inspector 78.00 Environmental Analytical Technician/Niosh 582 Certified 75.00 Licensed Asbestos Site Supervisor 67.00 4 Forensic/Legal Professional Services Testimony/Deposition/Mediation/Arbitration/Trial 225.00 Forensic Design/Construction Diagnostician/Claims Evaluator 225.00 Forensic Environmental Design/Construction/Diagnostician/Claims/Evaluator 225.00 Forensic Licensed Code Specialist 225.00 Associate Forensic Design/Construction Diagnostician/Claims Evaluator 150.00 Associate Forensic Environmental Design/Construction Diagnostician/Claims Evaluator 150.00 Forensic Construction Estimator 150.00 Property Evaluator/Server/Researcher 100.00 Draftsman/AutoCAD Operator 75.00 Forensic Word Processor/Clerical/Administration 65.00 Page 2 of 3 5 Analytical Expenses Asbestos Bulk-AHERA Methodology(PLM) Regular 0-50 samples 26/sample 51-100 samples 24/sample 101-up 22/sample Rush (No Discounts) 12 to 24 hours 38/sample Emergency Rush< 12 to 8 hours 60/sample TEM Asbestos Air Samples-(quoted/project basis-cost vary-quantity&time frame) TEM z 72 Hours 125/sample TEM z 48 Hours 140/sample TEM z 24 Hours 170/sample TEM 6 Hours 240/sample TEM Prep 10/sample Asbestos(NIOSH)582 PCM Air Samples Regular/Rush/QA/QC 20/sample Lead Wipe/Paint Chips/Air(Niosh 7082) Regular >24 hours 26/sample Rush 6 to 24 hours 48/sample Emergency Rush<6 hours 110/sample Lead Waste Water/Soil ->24 hours Regular >24 hours 40/sample Rush 6 to 24 hours 80/sample Emergency Rush<6 hours 212/sample Lead Drinking Water Regular >24 hours 75/sample Rush 195/sample Formaldehyde Off Gas Air Sampling Regular >2 weeks 115/sample Regular >1 week 145/sample Rush >3-4 days 230/sample Emergency Rush =2 days 350/sample Small Chamber Regular >2 weeks 480/sample Regular >1 week 600/sample Rush >3-4 days 960/sample Emergency Rush =2 days 1,450/sample Large Chamber Regular >2 weeks 955/sample Rush >1 week 1,910/sample Emergency Rush=4-5 days 2,970/sample Elemental Analysis(PIXE) 325/sample Microbiological:Air, Surface, Bulk 1-5 samples 100/each 5-20 samples 95/each 21-40 samples 90/each Toxic Characteristic Leachate Procedure (TCLP) 2,500/sample Silica Air- Respirable 240/sample MVOC-(AIHA EMPAT Protocol) Regular 520/sample Rush 920/sample Page 3 of 3 5 Analytical Expenses(continued from page 2) Volatile Organic Compounds/OVM Regular 325/sample Rush 400/sample Flec- Voc 550/sample Summa Canister Rate Varies Particulate Sample Regular 310/sample (Macroscopic or Quantitative) Rush 350/sample Note: Weekend and Holiday Lab Opening Cost Extra Other Analytical Services Available Upon Request 6 Equipment Use Infrared Camera 110/day XRF Lead Analyzer 100/hour 550/day Thermal Sensor 50/day Carbon Monoxide Sensor 150/day Carbon Dioxide Sensor With Recorder 110/day Portable Carbon Dioxiderfemp Sensor 55/day Moisture Content Sensor-(Delmhorst-Tramex) 100/day Anderson TM Sampler 110/day Anderson TM Flow Pump 70/day Calorimetric/Air Flow Tubes 21/tube Temperature/Relative Humidity with Recorder 113/day Quad Meter(Confined Space Monitor) 75/day SolomatTM Monitor 120/day Two Way Radio- Per Day Per Radio 5/day Portable Micromanometer 30/day Recording Manometer 25/day Air Pumps- High Flow 20/day Air Pumps- IH-Low Flow 30/day PAPR- Piggyback Filter(microbiological-asbestos) 33/each PAPR HEPA Filter(asbestos) 28/each Half Face HEPA Organic Filter 23/each Half Face HEPA Filter 15/each Tyvec Suits -Asbestos 17/each Tyvec Suits -Micro- Polypropylene 24/each HEPA Vac 30/each Negative Air Machine-2000/1000 CFM 25/day Auto CAD 8/hour Hammer Drill/Reciprocal Saw/Other Small Power Equipment 40/day SolomatTM Monitor 25/day 7 Other Expenses Travel-Mileage IRS Rate Other Expenses at cost Electronic Communication 2%of Professional Fees-(Maximum$160) Meals IRS Rate-per diem rates/per area Sub Contractor or Contractors cost plus 20%markup Digital Camera/Photos $1.00/each AutoCAD $8.00/hour ENVIRONMENTAL PROCESS, INC. 715 Florida Ave.S.,Suite 111 18382 FM 302,Suite 103 Golden Valley,MN 55426 Fax: 763-398-0121 Canyon Lake,TX 78133 •,••� 763-398-3040 Phone: 888-733-3050 830-935-4909 enimpl�go-epi.com www.go-epi.coni enitxCa)go-epi.com January 23, 2018 Mr. Al Lundstrom Park Maintenance Supervisor City of Golden Valley 7800 Golden Valley Road Golden Valley,MN 55427 Re: City of Golden Valley—2018 Scope of Work C-1 Wesley Park Shelter and Schaper Park Shelter—2018 Roof Replacement Project EPI File No. 2018-984 Proposal for Architectural, Engineering, and Environmental Services Dear Mr. Lundstrom: 1.0 INTRODUCTION Thank you for this opportunity for Environmental Process, Inc. (EPI) to submit our proposal to provide Architectural, Engineering, and Environmental services for the Roof Replacement Project at the City of Golden Valley Wesley Park Shelter located at 8305 Wesley Drive, Golden Valley, Minnesota 55427 and Schaper Park Shelter located at 631 Ottawa Avenue North, Golden Valley 55422. We are familiar with both the Wesley Park Shelter and Schaper Park Shelter buildings as we were the Architect and Engineer of Record for previous projects and also prepared the Roof Replacement Feasibility Report dated March 20, 2012 for Wesley Park Shelter. 2.0 SCOPE OF WORK 2.1 Scope of Work—2018 Roof Replacement Project (C-1) A. Wesley Park Shelter: We understand the intent of this project is to provide Architectural, Engineering, and Environmental Services for the Wesley Park Shelter Roof Replacement Project. The Wesley Park Shelter Roof Replacement Project includes replacement of the four (4) existing flat roof areas with a hip roof, addition of a soffit at the new hip roof areas, removal of the existing sloped metal roofing, installation of new sloped metal roofing system at all roof areas (includes new nail base roof insulation and self-adhered underlayment, replacement of the existing cedar lap siding with new steel siding at the upper wall areas, and replacement of the clerestory window. This proposal is based on the preliminary schematic design as in the Feasibility Report dated March 20, 2012. B. Schaper Park Shelter: We understand the intent of this project is to provide Architectural, Engineering, and Environmental Services for the Schaper Park Shelter Roof Replacement Project. The Schaper Park Shelter Roof Replacement Project includes City of Golden Valley Wesley Park Shelter and Schaper Park Shelter—2018 Roof Replacement Project January 23, 2018 Page 2 removal of the existing asphalt shingle roofing system and the installation of new sloped metal roofing system. 2.2 Phase 1 - Schematic Desim Feasibility,and Construction Cost Estimate A. Wesley Park Shelter: The schematic design, feasibility, and construction cost estimate was originally completed on March 20, 2012. An updated construction cost estimate will be provided. B. Schaper Park Shelter: A schematic design, feasibility, and construction cost estimate will be provided. 2.3 Phase 2A -Asbestos Survey Coordination of roof test cuts and patching with Roofing Contractor for roofing materials suspect limited asbestos survey. Roofing Contractor fees to be paid by EPI with markup per EPI 2018 Fee Schedule. A. Wesley Park Shelter: Roofing materials suspect asbestos survey (collection and analysis of samples). We anticipate collection and analysis of approximately 30 - 36 samples. Actual number of samples will be invoiced. Prepare limited asbestos roofing survey report for Wesley Park Shelter. B. Schaper Park Shelter: Roofing materials suspect asbestos survey (collection and analysis of samples). We anticipate collection and analysis of approximately 9 - 12 samples. Actual number of samples will be invoiced. Prepare limited asbestos roofing survey report for Schaper Park Shelter. 2.4 Phase 2B - Construction Documents A. Wesley Park Shelter and Schaper Park Shelter: Preparation of registered Architectural/Engineering plans and specifications (contract documents) for the purpose of obtaining public (open) bids. One (1) set of plans and specifications will be prepared that will contain the roof replacement work for both Wesley Park Shelter and Schaper Park Shelter as described above. Schaper Park Shelter roof replacement work will be an alternate bid. This proposal includes preparation of the Energy Compliance Forms. 2.5 Phase 3- Construction Proiect Management The Construction Project Management work will generally be performed simultaneously for both Wesley Park Shelter and Schaper Park Shelter with the exception of the site observation work during construction and for the punch list. A. The scope of work for is as follows: 1. Prepare bid advertisement, submit to Owner for publication. City of Golden Valley Wesley Park Shelter and Schaper Park Shelter—2018 Roof Replacement Project January 23, 2018 Page 3 2. Distribution of plans and specifications to Bidders shall be done by Owner. 3. Pre-bid conference meeting with minutes. 4. Review Contractor questions, clarify work scope, Addendums, etc. during bidding. 5. Bid review and recommendation. 6. Review Contractor Contract, Insurance, Bonds for Owner / Contractor Agreement, (Prepared by Owner). 7. Pre-construction conference meeting with minutes. 8. Shop drawing and submittal review (shop drawings, schedule, payment schedule of values, samples, etc.). 9. Site observations during construction on a regular basis (as needed) during construction. An Architects' Field Report will be prepared for each site observation. Six (6) site observations and Architects' Field Reports are included for Wesley Park Shelter and three (3) site observations and Architects' Field Reports are included for Schaper Park Shelter. Additional site observations and field reports during construction will be extra billed time and material at approximately$325.00 per visit. 10. Contractor payment request and lien waiver verification reviews. 1 l. Contractor/Owner change order requests and execution. 12. One (1) site observation for the punch list one (1) follow up punch list site observation for Wesley Park Shelter and one (1) site observation for the punch list one (1) follow up punch list site observation for Schaper Park Shelter. Additional site punch list observations and reports will be extra billed time and material at approximately$320.00 per visit. 13. Preparation of the punch list and substantial completion document for the project. 13. Collect and assemble contractor closeout documents, Lien Waivers, IC-134, and contractor as-built plan submittal to Owner. 3.0 CLIENT RESPONSIBILITIES This proposal is based on the following client responsibilities. 3.1 Provide the existing and/or as-built building plans & specifications (Architectural, City of Golden Valley Wesley Park Shelter and Schaper Park Shelter—2018 Roof Replacement Project January 23, 2018 Page 4 Structural, Mechanical, and Electrical). Provide any required documents to be inserted in the contract document. 3.2 Provide any required documents to be inserted in the contract document. 3.3 Provide review of EPI's contract documents before bidding. 3.4 Provide access to the building areas as needed. 4.0 ADDITIONAL SERVICES 4.1 Expansion of the scope of project. 4.2 Asbestos (hazardous materials) abatement design (plans and specifications). This proposal assumes no asbestos is present in the work areas. The asbestos survey will be completed as a part of this Proposal. If the existing building materials are found to be asbestos, we anticipate the additional fees for the abatement design (plans and specifications), management, and on-site monitoring shall not exceed $2,000.00 per building. 5.0 FEE SCHEDULE Based on the services as defined above, EPI proposes a time and material not to exceed professional service fee for the total Architectural / Engineering and Project Management / Quality Control services. This fee breakdown is as follows: Wesley and Schaper Park Shelter Phase 1 Schematic Design, Feasibility, and Cost Estimate(Wesley) $ 150.00 Phase 1 Schematic Design, Feasibility, and Cost Estimate(Schaper) $ 200.00 Phase 2A Asbestos Survey(Wesley) $ 2,000.00 Phase 2A Asbestos Survey(Schaper) $ 1,100.00 Phase 2B Construction Documents (Wesley and Schaper) $10,600.00 Phase 3 Construction Project Management(Wesley and Schaper) $7,800.00 Total Professional Fees (NTE) $21,850.00 Roofing Contractor Estimate for Phase 2A roof test cuts (Wesley) $ 1,400.00 Estimated Reimbursable Expenses at actual costs -Estimated 1,600.00 Total Project Estimate $24,850.00 6.0 PRELIMINARY PROJECT SCHEDULE Preparation of Construction Documents(Plans and Specifications) March and April 2018 Bidding(Pre-Bid Meeting,Bid Opening,Bid Review and Recommendation) May 2018 Bid Award/Contracts(Council Meeting, Contracts,Insurance,Bonds) June 1-15,2018 Shop Drawing Preparation,Review, and Approval June 16-31,2018 Order Roofing Materials(8 week lead time)—Delivery of Roofing Materials July—September 2018 Contractor Mobilization/Project Work July 2018 Demolition,Framing,and Roofing Underlayment Installation July-August 2018 Metal Roofing, Siding, Soffit, Gutter, and Window Installation September 2018 Punch List/Finalize All Work October 1-15, 2018 Project Close Out Documents(IC-134,Lien Waivers,Final Payment) October 16-31, 2018 City of Golden Valley Wesley Park Shelter and Schaper Park Shelter—2018 Roof Replacement Project January 23, 2018 Page 5 Please feel free to call me at (763) 398-3040 with any questions or comments. We feel confident that we can assist you and look forward to working with you on this project. If you have any questions or find this proposal acceptable, please sign, date and return and we will schedule a date to begin. Sincerely, ENVIRONMENTAL PROCESS, INC. Denny Langer, PE Architecture/Engineering Manager Copy: Michael Berreau,EPI EPI File 2018-984 Please sign below indicating your acceptance of this proposal. This needs to be submitted prior to start of this work to insure EPI's insurance requirements. Again, thank you for the opportunity to provide this proposal. Signature of Acceptance Date o••nE ub+r ENVIRONMENTAL PROCESS, INC. 3 ' 715 Florida Ave.S.,Suite 111 18382 FM 302,Suite 103 Golden Valley,MN 55426 Fax: 763-398-0121 Canyon Lake,TX 78133 ,•'� 763-398-3040 Phone: 888-733-3050 830-935-4909 "'""`• enimpls@go-epi.com www.go-el2i.com enitx@eo-epi.com January 23, 2018 Mr. Al Lundstrom Park Maintenance Supervisor City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Re: City of Golden Valley—2018 Scope of Work C-2 10th 10 Avenue North Cold Storage Building 2018 Roof Replacement/Roof Insulation Feasibility EPI File No. 2018-986 Proposal for Architectural and Engineering Services Dear Mr. Lundstrom: 1.0 INTRODUCTION Thank you for this opportunity for Environmental Process, Inc. (EPI) to submit our proposal to provide Architectural and Engineering services for the City of Golden Valley 10`h Avenue North Cold Storage Building Roof Replacement / Roof Insulation Feasibility located at 9400 10`h Avenue North, Golden Valley, Minnesota 55427. 2.0 SCOPE OF WORK We understand the intent of this project is to provide Architectural and Engineering Services for the 10`h Avenue North Cold Storage Building Roof Replacement/Roof Insulation Feasibility. It is our understanding that the intent to replace the existing metal roofing such that the new metal roofing system incorporates roof insulation such that the building can be heated in the future. The future exterior wall insulation system and the heating system design are not included in this scope of work. 2.1 The scope of work for Phase 1 - Schematic Design, Feasibility, and Cost Estimate are as follows: a. Review any existing building plans and specifications and/or as-built building plans and specifications including remodeling and building additions that are available (Architectural, Structural, Mechanical, and Electrical). Currently available for our review are four (4) structural sheets prepared by Robert Arlen Heathman (Registration No. 16177) dated October 11, 1990. The structural plans prepared by Rober Arlen Heathman do not include specific information regarding the roof trusses, except it states trusses are to be designed (and fabricated) by the truss manufacturer. City of Golden Valley 10"'Avenue North Cold Storage Building—2018 Roof Replacement/Roof Insulation Feasibility January 23, 2018 Page 2 b. Field verify existing conditions - perform field measurements, verify existing specific project conditions. One (1) site visit is included to perform field measurements and verify existing conditions. C. Review field truss data, verify City Inspection records, try to locate truss manufacturer specific design details and load capacities. d. After truss data is secured then perform structural evaluation of the existing roof framing system, columns, knee braces, and footings to determine if additional weight can be added to the roof. The intent to determine if the existing roof framing system can handle additional weight as required to change the existing un-insulated roof system to an insulated roof system and the possible added weight of a heating system. If the existing roof truss design documents cannot be found and it will be difficult to assure that added weight will be allowed. Field observations shall include wood species and grades of truss members and review the truss connector plates for manufacturer or supplier. Field observations of the existing roof trusses are included in this proposal to aid in the structural evaluation of the existing roof framing system. Note that the expense of rental of a lift is not included in this proposal, if rental of a lift is required to access the roof trusses the rental cost will be an extra reimbursable expense. e. Provide feasibility report including schematic designs and estimated cost of construction for roof system replacement with roof insulation design option(s). L Provide estimated Architectural and Engineering fees for the preparation of registered Architectural/Engineering plans and specifications (contract documents) and for Construction Project Management work. g. Attend one (1) preliminary design review meeting with City of Golden Valley Staff to review the preliminary / schematic design and estimated cost of construction. 2.2 The scope of work for Phase 2A—Asbestos Survey is as follows: a. Roofing and / or Building materials suspect limited asbestos survey (collection and analysis of samples) is not included in the scope of work of this proposal. The asbestos survey will only be required if suspect materials (roofing, caulking, etc.) will be disturbed as a part of this project and has not previously been tested. The asbestos survey, if required, will be completed in future work phases. Based on our initial limited understanding of the work scope, we do not anticipate that an asbestos survey will be required. 2.3 The scope of work for Phase 2B - Construction Documents is as follows: a. Preparation of registered Architectural/Engineering plans and specifications City of Golden Valley 10"'Avenue North Cold Storage Building—2018 Roof Replacement/Roof Insulation Feasibility January 23, 2018 Page 3 (contract documents) for the purpose of obtaining public (open) bids for the roof replacement is not included in the scope of work of this proposal. 2.4 The scope of work for Phase 3— Construction Project Management is as follows: a. Construction Project Management work is not included in the scope of work of this proposal. 3.0 CLIENT RESPONSIBILITIES This proposal is based on the following client responsibilities. 3.1 Provide the existing and/or as-built building plans & specifications (Architectural, Structural, Mechanical, and Electrical). 3.2 Provide access to the building areas with direct access to the roof'trusses to gather truss details noted above as needed (access lift not included—by Owner or extra cost). 4.0 ADDITIONAL SERVICES 4.1 Expansion of the scope of project. 5.0 FEE SCHEDULE Based on the services as defined above, EPI proposes a time and material not to exceed professional service fee for the total Architectural /Engineering services. This fee breakdown is as follows: Phase 1 Schematic Design, Feasibility, and Cost Estimate $ 5,700.00 Phase 2A Asbestos Survey Not Included Phase 2B Construction Documents Not Included Phase 3 Construction Project Management Not Included Total Professional Fees (NTE) $ 5,700.00 Estimated Reimbursable Expenses at actual costs - Estimated 300.00 Total Project Estimate $ 6,000.00 6.0 PRELIMINARY PROJECT SCHEDULE -Roof Structural Evaluation for Roofing System Replacement/ Roof Insulation Schematic Design and Cost Estimate February and March 2018 -Submit Feasibility Report April 2018 Please feel free to call me at (763) 398-3040 with any questions or comments. We feel confident that we can assist you and look forward to working with you on this project. If you have any questions or find this proposal acceptable, please sign, date and return and we will schedule a date to begin. City of Golden Valley 10`i'Avenue North Cold Storage Building—2018 Roof Replacement/Roof Insulation Feasibility January 23, 2018 Page 4 Sincerely, ENVIRONMENTAL PROCESS, INC. Denny Langer, PE Architecture/Engineering Manager Copy: Michael Berreau,EPI EPI File 2018-986 Please sign below indicating your acceptance of this proposal. This needs to be submitted prior to start of this work to insure EPI's insurance requirements. Again, thank you for the opportunity to provide this proposal. Signature of Acceptance Date Executive Summary For Action Golden Valley City Council Meeting February 7, 2018 Agenda Item 3. I. Authorization to Sign Agreement for Animal Pound Services with City of Robbinsdale Prepared By Jason Sturgis, Chief of Police Summary The City of Robbinsdale has requested to renew the animal pound services agreement with the City of Golden Valley. The fees will remain the same as the 2016-2017 agreement and the agreement term will be from January 1, 2018 through December 31, 2019. Attachments • Agreement for Animal Pound Services with the City of Robbinsdale (4 pages) Recommended Action Motion to authorize the Mayor and City Manager to sign the Agreement for Animal Pound Services with the City of Robbinsdale for 2018-2019. AGREEMENT FOR ANIMAL IMPOUND SERVICES THIS AGREEMENT (the “Agreement”) is made on the __ day of February, 2018 between the City of Robbinsdale, a Minnesota municipal corporation (“Robbinsdale"), and City of Golden Valley, a Minnesota municipal corporation (“Golden Valley"). RECITALS WHEREAS, Minnesota Statutes, Section 471.59, authorizes two or more governmental units, by an agreement approved by the governing bodies, to jointly or cooperatively exercise powers common to the contracting parties; and WHEREAS, the parties desire that, in exchange for compensation from Robbinsdale, Golden Valley maintain a facility for the impounding, keeping, sheltering, feeding and boarding of dogs and cats (the “Services”), which may be picked up by officials of Robbinsdale pursuant to the Robbinsdale City Code of Ordinances. NOW, THEREFORE, the parties agree as follows: 1. Animal Pound. The Services provided to Robbinsdale by Golden Valley pursuant to this Agreement shall be provided at the Golden Valley Public Works facility located at Highway 169 and 10th Avenue North in Golden Valley, Minnesota (the “Location”). Any location change must be approved in writing in advance by the parties. 2. Scope of Work. Unless otherwise agreed in writing, the Services shall include those services listed in the Scope of the Work attached as Exhibit A. 3. Standards. The Services shall be performed in accordance with the standard of care in Hennepin County, Minnesota for services of a like kind. 4. Term. The term of this Agreement shall be from January 1, 2018, through December 31, 2019. 5. Compensation. a. Fees. Robbinsdale shall pay Golden Valley the fees set forth in Exhibit A. Golden Valley shall invoice Robbinsdale for the Services in accordance with Exhibit A. All invoices submitted for payment shall comply with state law. b. Payment. Robbinsdale shall pay Golden Valley on or before the 1st day of each month. c. Compensation for Additional Services and Expenses. Any additional compensation shall be agreed upon in writing in advance by the parties. Golden Valley shall only be entitled to compensation for additional services when approved by Robbinsdale in writing in advance. 6. Data Practices. The parties acknowledge and agree that this Agreement and any data or information generated, received, provided, or exchanged pursuant to this Agreement is subject to and shall be maintained and handled in accordance with Minnesota Statutes, Chapter 13. The parties agree to work cooperatively to timely respond to any request for data received by either party pursuant to Minnesota Statutes, Chapter 13. 7. Records. Golden Valley shall maintain records reasonably deemed necessary by Robbinsdale to ensure that the Services are provided as represented. Golden Valley shall make such records available to Robbinsdale upon request and shall also provide such records to either the legislative or state auditor, as appropriate, pursuant to state law. 8. Termination. This Agreement may be terminated by either party at any time, with or without cause, upon thirty days’ prior written notice. In the event this Agreement is terminated pursuant to this paragraph 8, Robbinsdale shall, within 30 days of termination, pay to Golden Valley those fees which have been earned but not paid. 9. Subcontracts or Assignments. Golden Valley shall not subcontract or assign its obligations under this Agreement without the express written consent of Robbinsdale, except as provided for in Exhibit A. 10. Independent Contract. Any and all employees of each party and all other persons engaged by that City in the provision of the Services or any other work or services required or contemplated by this Agreement shall not be considered employees of the other party. Any and all claims that may or might arise under the Worker’s Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged shall in no way be the obligation or responsibility of the other party. No statement herein shall be construed so as to create an employee, agent, assignee, or subcontractor relationship between the parties. 11. Compliance with Law. Both parties agree to comply with all applicable state, federal and local laws, rules and regulations. 12. Waiver. The waiver by either party of any breach or failure to comply with any provision of this Agreement by the other party shall not be construed as or constitute a continuing waiver of such provision or a waiver of any other breach or failure to comply with any other provision of this Agreement. Nothing herein shall be deemed a waiver by either party of the limitations on liability set forth in Minnesota Statutes, Chapter 466. 13. Indemnification. Robbinsdale agrees to defend, indemnify and hold harmless Golden Valley, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from Robbinsdale’s performance of or failure to perform the duties required under this Agreement. Golden Valley agrees to defend, indemnify and hold harmless Robbinsdale, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from Golden Valley’s performance of or failure to perform the duties required under this Agreement. 14. Insurance. Golden Valley shall carry comprehensive municipal liability coverage in the amount of at least $500,000 to any claimant and $1,500,000 for any number of claims arising out of a single occurrence. Golden Valley shall name Robbinsdale as an additional insured and provide a certificate of said insurance. Golden Valley shall carry Worker’s Compensation Insurance as required by state law and shall provide a certificate of said insurance to Robbinsdale. 15. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes any and all oral agreements, negotiations, and prior agreements between the parties relating to the subject matter herein. 16. Notices. All notices required by this Agreement shall be in written form and shall be deemed delivered upon receipt by the Chief of Police of either party. Notice may be made by personal delivery, mail or facsimile. 17. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. Any action to enforce any provision of this Agreement shall be commenced in the Hennepin County District Court in Minnesota. 18. Severability. If any provision of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 19. Counterparts. This Agreement may be executed in any number of counterparts, all of which shall constitute one and the same Agreement. 20. Amendment. Any alteration of or amendment to this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first written above. CITY OF ROBBINSDALE CITY OF GOLDEN VALLEY By: _____________________________ Its: Mayor By: _____________________________ Its: City Manager By: _____________________________ Its: Mayor By: _____________________________ Its: City Manager EXHIBIT A Scope of Work 1. General Guidelines: A. Golden Valley shall provide kennels to allow Robbinsdale to board dogs and cats at the Location. B. Golden Valley shall provide food and water for the animals. C. Golden Valley personnel shall conduct one check of the facility per day. Robbinsdale may conduct checks on its boarded animals as it sees fit beyond once per day. D. Robbinsdale shall be responsible for bringing animals to the impound facility and ensuring the animals are properly confined. Robbinsdale personnel shall notify Golden Valley when an animal has been placed in impound. E. Robbinsdale shall be responsible for release of its animals. Robbinsdale personnel shall notify Golden Valley when an animal has been released. F. Robbinsdale shall be responsible for cleaning an animal’s impound area after the animal has been released. G. Robbinsdale may not board animals that are considered “Dangerous” or “Potentially Dangerous” or that pose a risk to staff. Golden Valley agrees to work cooperatively with Robbinsdale to administer the Robbinsdale City Code of Ordinances and the state law requirements related to such dogs. H. Golden Valley shall provide Robbinsdale with the plastic bags required for the freezer storage of DOA Animals. I. If Robbinsdale brings an animal to be impounded that requires immediate medical care and the animal’s owner is unknown, Robbinsdale shall pay for any and all medical care deemed immediately necessary, up to a limit of $500 per animal. 2. Fees: A. Robbinsdale shall pay Golden Valley an Annual Maintenance Fee of $1,800.00. B. Robbinsdale shall pay Golden Valley a Daily Boarding Fee of $20.00 per animal. Golden Valley shall invoice Robbinsdale for daily boarding fees on a monthly basis. Any impound fees payable by a third party to Robbinsdale shall be collected by Robbinsdale. C. Robbinsdale shall pay Golden Valley a Carcass Disposal Fee (the “Disposal Fee”) equal to the current rate charged to Golden Valley by the disposal provider at time of disposal. The Disposal Fee shall only apply if the animal can be kept properly in the impound freezer. If it cannot, Robbinsdale shall be responsible for disposal of the animal carcass. Golden Valley shall invoice Robbinsdale for carcass disposal at the time of disposal. From: Amy Blenker Sunday, January 28, 2018 8:01 AM To: Cruikshank, Tim <TCruikshank@goldenvalleymn.gov>; Zimmerman, Jason <JZimmerman@goldenvalleymn.gov>; Subject: Fwd: Unable to make tomorrow's meeting Mr. Cruikshank, I am finding myself over-committed and I need to let some things go. That that will include my seat on the Planning Commission--as much as I hate to back out of the commitment. I am willing to sit in until the City Council is able to find a replacement, if necessary. I do appreciate having the opportunity to serve. Please let me know what you think is best. Amy Blenker Executive Summary For Action Golden Valley City Council Meeting February 7, 2018 Agenda Item 6. A. Second Consideration - Ordinance #630 - Amendment to City Code Section 6.43 Peddlers and Solicitors Prepared By Jason Sturgis, Chief of Police Summary At the January 9, 2018, Council/Manager meeting, Council requested staff to bring forth amendments to Section 6.43 Peddlers/Solicitors to incorporate language clarifying political canvassing. Staff recommends the following code amendment under Subdivision 1 Definitions: F. Non-Commercial Advocate: means a person who goes place to place, or house to house, for the primary purpose of disseminating religious, political, social, or other ideological beliefs.but not a person engaged in political canvassing. Political canvassers are not required to obtain a permit under federal or state law, or under any Golden Valley ordinance. A political candidate’s right to express her or his views and to distribute literature are protected under the First Amendment of the U.S. Constitution (freedom of speech). Nevertheless, homeowners can choose not to engage with political canvassers if they wish. The first consideration of this ordinance was presented at the January 16, 2018, City Council meeting. Attachments • City Code Section 6.43 Peddlers and Solicitors with underline/overstruck (1 page) • Ordinance #630, Amendment to City Code Section 6.43 Peddlers and Solicitors (1 page) Recommended Action Motion to adopt second consideration Ordinance #630, Amendment to City Code Section 6.43 Peddlers and Solicitors. Golden Valley City Code Page 1 Section 6.43: Peddlers and Solicitors Subdivision 1. Definitions For the purpose of this Section, the following terms have the meanings stated: A. Peddler: means any person who goes from place to place, or house to house, in the City selling or taking orders for the immediate delivery upon sale of (i) goods or services, or (ii) the making, manufacturing or repairing of any article or thing whatsoever. The term does not include a person engaged in the activity of selling or taking of orders on behalf of a Nonprofit Organization when the selling is done to, or the taking of orders is from, members of one specific Nonprofit Organization, nor does the term include any person who sells or delivers goods or services to established customers in the regular course of business. B. Peddling: means the act of being a Peddler. C. Solicitor: means any Peddling where the order for services or goods is for future delivery or for the acceptance, demand, or receipt of payment or deposit of money, and/or the solicitation of money or funds. D. Soliciting: means the act of being a Solicitor. E. Nonprofit Organization: means a charitable, religious, political or educational organization if such organization is registered with the Secretary of State pursuant to the provisions of Minnesota Statutes, Section 309.52 as a charitable organization or is exempted therefor pursuant to the provisions of Section 309.515. F. Non-Commercial Advocate: means a person who goes place to place, or house to house, for the primary purpose of disseminating religious, political, social, or other ideological beliefs.but not a person engaged in political canvassing. ORDINANCE NO. 630, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending City Code Section 6:43: Peddlers and Solicitors The City Council of the City of Golden Valley ordains as follows: Section 1. City Code Section 6:43, Subdivision 1(F) Non-Commercial Advocate is hereby amended to read as follows: F. Non-Commercial Advocate: means a person who goes place to place, or house to house, for the primary purpose of disseminating religious, social, or other ideological beliefs but not a person engaged in political canvassing. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and City Code Chapter 6, Section 6.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 7th day of February, 2018. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk