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03-16-21 City Council Agenda 7800 Golden Valley Road I Golden Valley,MN 55427 CltJ of 763-593-8012 1 TTY 763-593-3968 1 763-593-8109(fax)I www.goldenvalleymn.gov golden,,,,,, ,City Council va March 16, 2021—6:30 pm Immediately following HRA Meeting REGULAR MEETING AGENDA This meeting will be held via Webex in accordance with the local emergency declaration made by the City under Minn. Stat. § 12.37. The public may monitor this meeting by watching on Comcast cable channel 16, by streaming on CCXmedia.org, or by calling 1-415-655-0001 and entering the meeting code 133 749 1542. The public may participate in this meeting during public comment sections, including the public forum beginning at 6:20 pm, by calling 763-593-8060. Additional information about monitoring electronic meetings is available on the City website. For technical assistance, please contact the City at 763-593-8007 or webexsupport@goldenvalleymn.gov. If you incur costs to call into the meeting, you may submit the costs to the City for reimbursement consideration. 1. Call to Order A. Pledge of Allegiance Pages B. Roll Call C. Presentation of the Certificate of Achievement for Excellence in Financial Reporting 3-4 2. Additions and Corrections to Agenda 3. Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of City Check Register 5 B. Licenses: 1. General Business License—Amusement Devices 6 2. General Business License— Refuse and Recycling Vehicles 7 C. Boards, Commissions, and Task Forces: 1. Receive and File Meeting Minutes — Facilities Study Task Force— December 15, 2020 8-14 2. Receive and File Meeting Minutes— Facilities Study Task Force—January 19, 2021 15-20 3. Receive and File Meeting Minutes— Facilities Study Task Force— February 2, 2021 21-28 4. Receive and File Meeting Minutes— Rising TIDES Task Force—January 12, 2021 29-30 D. Approval of Bids, Quotes and Contracts: 1. Authorize Construction Agreement and Award Contract to Northwest Asphalt and 31-49 Maintenance for the 2021 Crack Sealing Project#20-05 2. Approve Annual Bobcat Equipment Trade-Out 50-59 3. Approve Purchase of an Unmarked Police Vehicle 60-62 4. Approve Golden Valley Youth Athletic Association Field Use Agreements 63-94 This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968)to make a request. Examples of alternate formats may include large print, electronic, Braille,audiocassette, etc. City of Golden Valley City Council Regular Meeting March 16, 2021—6:30 pm a. Armstrong—Cooper Girls Fast Pitch Association Field Use Agreement b. Armstrong—Cooper Youth Baseball Association Field Use Agreement C. Golden Valley Girls Softball Association Field Use Agreement d. Golden Valley Little League Baseball Association Field Use Agreement e. Park Valley United Youth Soccer Association Field Use Agreement E. Grants and Donations: 1. Approve First Amendment to a Professional Services Agreement with Moxie 95-129 Consulting LLC regarding the Building Capacity Grant Project 2. Approve Resolution No. 21-11 and Funding Agreement for the Toward Zero Death 130-142 Grant Program F. Approve Resolution No. 21-12 Supporting CommonBond Communities Application for 143-146 the Brownfield Gap Financing Program (BGFP) G. Approve City Classification Structure Adjustments, Resolution No. 21-13 147-152 4. Public Hearing A. Text Amendments to Allow Rowhouses in the R-2 Zoning District 153-211 1. Adopt Ordinance No. 705, Amending Section 113-1, Section 113-89, and Section 113- 157 -Allowing for the Construction of Rowhouses and Approval of Resolution No. 21-14 Authorizing Summary Publication of Ordinance No. 705 2. First Consideration of Ordinance No. 706, Amending Section 109-123 -Allowing Owner-Occupied Dwelling Units in Rowhouses B. Approve Resolution No. 21-15 Adopting and Confirming Assessments for Various Public 212-218 Improvements for Streets in the 2021 Pavement Management Area 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. A. Authorize Construction Agreement and Award Contract to GHM Asphalt Cooperation for 219-224 the 2021 Pavement Management Project#20-01 B. Award Contract for the Construction Engineering Services 2021 Pavement Management 225-242 Program with Short Elliott Hendrickson, Inc. C. First Consideration of Ordinance No. 707 Modifying Solid Waste and Recyclables 243-251 Collection D. COVID-19 Pandemic Emergency Administrative Action Nos. 21-04 252-253 E. Review of Council Calendar 254 F. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment city EXECUTIVESUMMARY 1 d e .go Administrative Services 763-593-8013 / 763-593-3969 (fax) Golden Valley City Council Meeting March 16, 2021 Agenda Item 1. C. Receive Award for the Certificate of Achievement for Excellence in Financial Reporting Prepared By Sue Virnig, Finance Director Summary The Certificate of Achievement for Excellence in Financial Reporting is an award from the National Government Finance Officers Association and is the highest form of recognition in governmental accounting and financial reporting. Mark Ebensteiner, State Representative for the Minnesota Government Finance Officers Association and Finance Director from Brooklyn Center will present the award to the City of Golden Valley for the 2019 financial report. Financial Or Budget Considerations The rating agency considers this a positive item at the time of sale for bonds. Recommended Action Council will allow the representative to present the award to the City of Golden Valley. Supporting Documents • Certificate of Achievement for Excellence in Financial Reporting (1 page) Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting pre�elited to City- of Golden Valley Minnesota For its Compreheiisive :annual Financial Report For the Fiscal Year Ended December 31, 2019 P -*f� Executive Director/CEO city EXECUTIVE SUMMARY .golden Administrative Services 763-593-8013 / 763-593-3969 (fax) Golden Valley City Council Meeting March 16, 2021 Agenda Item 3. A. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Financial Or Budget Considerations The check register has a general ledger code as to where the claim is charged. At the end of the register is a total amount paid by fund. Recommended Action Motion to authorize the payment of the bills as submitted. Supporting Documents Document is located on city website at the following location: http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx?id=876916&dbid=0&repo=GoldenValley The check register for approval: • 03-05-21 Check Register EXECUTIVE SUMMARY City Administration 763-593-8006 / 763-593-8109 (fax) Golden Valley City Council Meeting March 16, 2021 Agenda Item 3. B. 1. Approve Renewal of Amusement Device Licenses Prepared By Theresa Schyma, City Clerk Summary The following establishments are due for renewal of their amusement device license for the 2021-2022 license term. The following applicants have met the majority of the City Code requirements for the renewal of their license and staff is recommending approval contingent upon receipt their completed documentation and payment. Applicant Address Device Location American Amusement Arcades 2100 West 96t" Street, Bloomington 6400 Wayzata Blvd Schuller's Tavern 7348 Country Club Drive, Golden Valley 7348 Country Club Drive Theisen Vending Company 2335 Nevada Ave North, Golden Valley 7348 Country Club Drive Theisen Vending Company 2335 Nevada Ave North, Golden Valley 6920 Wayzata Blvd Financial Or Budget Considerations Fees received for amusement device license renewals are budgeted, and defray costs the City incurs to administer license requirements. Due to business constraints caused by COVID-19, licensees were given until March 31 for their payment to be received by the City Clerk. No license will be issued until full payment is received. Recommended Action Motion to authorize the renewal of the above amusement device licenses for a period of April 1, 2021, through March 31, 2022. EXECUTIVE SUMMARY City Administration 763-593-8006 / 763-593-8109 (fax) Golden Valley City Council Meeting March 16, 2021 Agenda Item 3. B. 2. Approve Renewal of Solid Waste and Recycling Collection Licenses Prepared By Theresa Schyma, City Clerk Summary The following establishments have are due for renewal of their refuse and recycling vehicle licenses for the 2021-2022 period. The following applicants have met the majority of the City Code requirements for the renewal of their license and staff is recommending approval contingent upon receipt their completed documentation and payment. Applicant Address License Type n., x. .. n n,..x..n. Ace Solid Waste 6601 McKinley Street, Ramsey Residential & Commercial Aspen Waste System 2951 Weeks Avenue SE, Minneapolis Residential & Commercial Baldy Sanitation 5906 Henry Street, Maple Plain Commercial Curbside Waste Inc. PO Box 43154, Brooklyn Park Residential Darling Ingredients Inc 9000 382nd Avenue, Blue Earth Commercial Dick's Sanitation 8984 215t" Street West, Lakeville Commercial Randy's Environmental Services 4351 US Hwy 12 SE, Delano Residential & Commercial Republic Services 9813 Flying Cloud Drive, Eden Prairie Residential & Commercial Suburban Waste 15718 Village Woods Drive, Eden Prairie Residential Waste Management of MN 10050 Naples Street NE, Blaine Residential & Commercial Financial Or Budget Considerations Fees received for Solid Waste and Recycling Collection license renewals are budgeted, and defray costs the City incurs to administer and enforce license regulations and requirements. Due to business constraints caused by COVID-19, licensees were given until March 31 for their payment to be received by the City Clerk. No license will be issued until full payment is received. Recommended Action Motion to authorize the renewal of the above Solid Waste and Recycling Collection licenses for a period of April 1, 2021, through March 31, 2022. 7800 Golden Valley Road I Golden Valley,MN 55427 city Of 763-593-8030 1 TTY 763-593-3968 1 763-593-8109(fax)I www.goldenvalleymn.govl/�QnI . . . gvane Facilities Study Task Force Y December 15,2020—3:30 pm REGULAR MEETING MINUTES Virtual Golden V Meeting 7800 Golden Valley Road Call to Order The meeting was called to order at 3:40 pm by Chair Gillian Rosenquist. Roll Call Task Force Members Present (indicated by asterisk): Name: Company: Name: Company: Gillian Rosenquist* (GR) Task Force Chair,Golden Valley Karen Boehne* (KB) Task Force,Resident City County Member Andy Johnson* (AJ) Task Force,Planning Kathryn Simpson* (KS) Task Force,Resident Commissioner Becky Sanders* (BSa) Task Force,Resident Lucy Smith-Williams* Task Force,Business (LSW) Brian Smith* (BSm) Task Force,Resident Marc Meirovitz* (MM) Task Force,Business Cameron Selmer* (CS) Task Force,Resident Sara Barrow* (SB) Task Force,Resident Gary Cohen* (GC) Task Force,Resident Tierre Webster* (TW) Task Force,Business Additional Attendees (Steering Committee and Project Team) .......................................... Name: Company: Name: Company: MarcNevinskl* Physical Development Director, Bruce Partner in Charge,BKV Group Golden Valley Schwartzman* Cheryl Weiler* Communications Director,Golden Susan Morgan* Project Manager,BKV Group Valley Jason Sturgis* Police Chief,Golden Valley Ben Janes* Designer,BKV Group John Crelly* Fire Chief,Golden Valley Bryan Harjes* Engagement Lead,HKGi Sue Virnig* Finance Director,Golden Valley Jeff Miller Urban Planner.HKGi Ted Massicotte* Assistant Fire Chief,Golden Valley Andrew Cooper* Public Works Architect,Oertel Architects Tim Kieffer* Public Works Director,Golden Dustin Phillips Pre-Con&Estimation Valley Kraus/Anderson SueSchwalbe* Physical Development Assistant, Michael Healy* Police Planner,BKV Group Golden Valley Modified Public Meeting Protocols Followed Throughout the minutes, Task Force members will be referred to by their initials as listed above. This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTy: 763-593-3968}to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette, etc. City of Golden Valley Facilities Study Task Force Meeting Minutes 2 Dec 15, 2020—3:30 pm Action items referenced within discussion notes are indicated in bold. Approval of Minutes: 11/17/20 Task Force Meeting Minutes, motion by_Gary Cohen seconded by Tierre Webster Discussion: 1. Review of Questions Received from Task Force a. Review of questions received by the City from Task Force members in between meetings, as included as a memo attachment to this meeting's agenda. i. No additional clarifications requested. ii. Re: benchmark projects: GC noted that many civic facilities are accessible from the outside via drives and lots, and that can be a starting point for Task Force members to see facilities in other communities. a. Bruce Schwartzman, BKV, also noted that it would be helpful for the Task Force to consider vision and appearance as they visit and as we share reference projects throughout this process. While design is not a part of this space needs study, the report will include recommendations for implementation, and may want to include insights this group and others have for long-term vision. 2. Update on Community Engagement a. BKV and HKGi provided a summary of active Phase I community engagement, all available through the City's website and project-specific webpage and community engagement webpages http://www.goldenvalleymn.gov/government/buildings/facilities-study.php and https://www.goldenvalleymn.gov/newsarchive/index.php/2020/12/11/city- looking-for-public-input-on-facilities-study/ i. Introduction to Facilities Study Video ii. Phase I Survey iii. Discussion: there was discussion about these efforts both through direct dialogue during the video meeting and through the meeting's chat function, where Marc Nevinski provided responses real-time. Questions included: a. (SB) What channels and frequency of communication are being used to let residents know about these engagement opportunities? Chery Weiler: the process was announced in the city-wide Sept/Oct and Nov/Dec City of Golden Valley newsletters, in the Sun Post, and on CCX. Marc Nevinski was also interviewed on CCX Community Connect, and referenced this process. Information City of Golden Valley Facilities Study Task Force Meeting Minutes Dec 15, 2020—3:30 pm has also be sent out via the City's social media, where it will be referenced again as the survey remains open. i. Task Force members were encourage to share and repost the announcements via their own social media, and to share via word of mouth with other residents. ii. SB asked whether GV churches would be willing to promote during their announcements and whether it could be mentioned in the Golden Valley Country Club newsletter, and GR noted her involvement with the League of Women Voters, encouraging other TF members to bring this up within their social, cultural, and professional groups. There was general agreement that using every available channel would be useful. b. (GC) Can the video be played on CCX to increase visibility? Cheryl Weiler: Yes; the City will reach out to work on this. c. (GR) How can this process be equitable for those residents who do not have access to technology re: website and online survey? Responses from Cheryl and Marc: the City will work on how best to provide this, potentially by providing physical copies of the survey at the service counter in Public Safety, as this is the city facility currently with the broadest operating hours. Information about the process can also be shared through a postcard mailing to residents, which would be in addition to the mentions made in the bi-monthly newsletter. d. (BS) What number of responses are we seeking/anticipating? Susan: There is no specific number, rather a goal to ensure representation across the city's demographics. The survey includes optional demographic questions, and responses will be reviewed to identify any demographic groups to be reached through additional outreach. Bruce: It is key for Task Force members to share their excitement in the project to help increase awareness and commitment to participating. For a city of Golden Valley's size, it would not be unreasonable to achieve 1,000 responses. e. (AJ) Could a change in marketing increase the likelihood of response — i.e. making it sound more exciting, or use language that would entice people to participate and contribute by connecting it to resident's priorities? Example given in the chat "Help Shape the Future of Golden Valley" City of Golden Valley Facilities Study Task Force Meeting Minutes Dec 15, 2020—3:30 pm Cheryl: Yes, the project's communications team will work on this as marketing continues. Task Force members are encouraged to email Cheryl with their ideas for language. f. (GC) Can you add a "anticipated time to finish" line to the survey introduction? Susan Morgan: yes, this is possible. Note: As of 12/17, this information has been added to the survey. b. Key Stakeholder Engagement: In addition to focused dialogue with key city departments at the core of this project, and in addition to the broad community- wide engagement, the project will also reach out to key community stakeholders that might be impacted by the project's phased implementation, neighbors immediately adjacent to the project site, and those whose voice and representation could contribute to development of the project's program. i. Work on this is ongoing, and the Task Force was encouraged to consider and identify other stakeholders to be approached. The project team is already planning touchpoints with: a. Hennepin County Library b. Golden Valley Business Council c. Calvary Center d. McDonald's ii. Questions/suggestions: a. (SB) How about the Golden Valley Shopping Center? Marc: will be included, yes. Their site is not a part of this study, but is included in the overall planning included in the Downtown Study (currently in Phase III). b. (BS) A key part of the Golden Valley city center is the Post Office. It is a high activity location. The city block currently turns its back to the post office, though the post office naturally turns inward. Will they be included in stakeholder outreach? Bruce: Some form of discussion may be possible, but the likelihood of changes or broader collaboration can be more difficult with federal stakeholders. Marc: The post office used to be located on the municipal block many years ago; there is a history of dialogue between the city and the post office that can continue. c. (KS) Engage public transit, especially given potential future planning for busing and light rail that will impact downtown Golden Valley. d. (CS) Connect through schools to parents, to gain insights into needs and value of places for kids and families, for community space to be included in the planning. Referenced Meadowbrook City of Golden Valley Facilities Study Task Force Meeting Minutes Dec 15, 2020—3:30 pm Elementary and Hopkins School District. GR noted she is the city council representative to both of these groups, and can provide connection; also noted value of outreach also to private schools and included a reference to the Perpich School for the Arts. 3. Building Audit Summary a. The project team shared an overview and highlight summary of the team's visit to and evaluation of the physical facilities included in this study, identifying key issues with each building, and impacts to operations and service. In general, the city maintains their buildings very well, so there were no major issues with building exteriors or interiors; mechanical and electrical systems are in many cases original to buildings, and as such are at end of life and for which replacement parts are no longer available. The primary challenge with most facilities is how their size and layout were designed for different eras of service and operations, which now represent constraints for contemporary practices and workflow, and are undersized for current equipment and vehicles. b. Facility summaries provided for: City Hall, Public Safety (including the Police Department and Fire Station #1), Public Works (including (3) facilities on civic campus, and the offsite cold storage at 10th St), Fire Station #2, Fire Station #3 c. Questions and dialogue: i. (KB) Why does Golden Valley have a DMV in our City Hall? How much does it cost the city? Marc: it is a service the city has found of value to its residents, with compliments received about the convenience and service. It does generate enough revenue to be a net add. Sue Virnig: The DMV has been within the city for a long time, and the city eventually purchased the rights for it to be housed within City Hall. It helps lower taxes to have it co-located. Sue offered to provide a financial summary for the Task Force but noted that its revenue covers its rent and the cost of all employees. Bruce: It is a convenience for citizen's to have this co- located with other civic functions and services. ii. (SB) Is having enough meeting space for staff an issue in City Hall or Public Safety? Susan: This is a known issue at both facilities, and will be understood in more detail during programming meetings with city departments. iii. (SB) Has there been an analysis of changes to how people will work in the future, post-COVID re: work from home? Susan: As part of our detailed analysis and surveys with staff, we will understand the city's evolving understanding and incorporate it into our program projections. Marc: There is a lot of speculation about what the work and office environment will look like, and there is no clear conclusion at this time, though the city City of Golden Valley Facilities Study Task Force Meeting Minutes 6 Dec 15, 2020—3:30 pm anticipates it will not simply return to ways of pre-COVID working. Andrew Cooper: Public Works, Police, and Fire are all 'in-the-field' essential services, and will continue to have to work in the field, and from points of equipment and resource mobilization at municipal facilities. iv. (MM) Does the city currently own the structures and properties at the Public Works cold storage facility at 10th SO Tim Kieffer: Yes, the city owns this property. [Andrew Cooper noted, in presentation of audit summaries for this site that the total property owned is larger in size than the usable area, given adjacent wetland]. v. (BS) There is a structure by Brookview Golf Course. Is this owned by the City? Is it Public Works? Multiple: This is a city-owned structure used by Parks and Recreation related to the golf course. It is one of the structures excluded from the study as there are no known needs at this time. vi. (KS) Is the city planning on keeping the 10th St property?Andrew: That is not known at this time, and will be considered as part of this project as the city looks at a goal of consolidating Public Works facilities. vii. (GC) A reminder that fire stations #2 and #3 are used as polling stations. Also, poll workers at these locations have identified how non-ideal these locations are. Susan: This was discussed during our building audit walkthroughs as an issue re: space, parking, and vehicle access issues between fire trucks and passenger vehicles. Understanding the city's needs for distributed polling stations will be taken into account during our program development. Dedicated space for public usage would be required so there are no conflicts with regular fire operations. viii. (MM) Regarding the public works buildings, when will an environmental study be performed to identify issues requiring remediation?Andrew: That level of study is not a part of this project, but will need to occur as the city implements recommendations in the future. Public works sites are known to have issues, given their use type, and in this case, the age of the facilities, built when design and engineering requirements were different. Bruce: It would be a good idea, at a high level, to engage an environmental specialist to help identify a range of potential remediation costs, for inclusion in budget development. This would allow the team to acknowledge, in the final report and recommendations, the steps and potential costs associated with this work in advance of redevelopment of public works sites. Next Meeting: 1. Task Force: Tuesday, January 19t" 3:30—5:30pm. City of Golden Valley Facilities Study Task Force Meeting Minutes 7 Dec 15, 2020—3:30 pm ATTEST: Marc Nevinski, Staff Liasion Respectfully submitted, Marc Nevinski, Physical Development Director 7800 Golden Valley Road I Golden Valley,MN 55427 city 0f 763-593-8030 1 TTY 763-593-3968 1 763-593-8109(fax)I www.goldenvalleymn.govl/�Q�] vane Facilities Study Task Force January 19,2021—3:30 pm REGULAR MEETING MINUTES Virtual Golden V Meeting 7800 Golden Valley Road Call to Order The meeting was called to order at 3:32 pm by Chair Gillian Rosenquist. Roll Call Task Force Members Present (indicated by asterisk): Name: Company: Name: Company: Gillian Rosenquist* (GR) Task Force Chair,Golden Valley Karen Boehne* (KB) Task Force,Resident City County Member Andy Johnson* (AJ) Task Force,Planning Kathryn Simpson* (KS) Task Force,Resident Commissioner Becky Sanders* (BSa) Task Force,Resident Lucy Smith-Williams* Task Force,Business (LSW) Brian Smith* (BSm) Task Force,Resident Marc Meirovitz* (MM) Task Force,Business Cameron Selmer* (CS) Task Force,Resident Sara Barrow* (SB) Task Force,Resident Gary Cohen* (GC) Task Force,Resident Tierre Webster* (TW) Task Force,Business Additional Attendees (Steering Committee and Project Team) .......................................... Name: Company: Name: Company: MarcNevinskl* Physical Development Director, Bruce Partner in Charge,BKV Group Golden Valley Schwartzman* Cheryl Weiler* Communications Director,Golden Susan Morgan* Project Manager,BKV Group Valley Jason Sturgis* Police Chief,Golden Valley Ben Janes* Designer,BKV Group John Crelly* Fire Chief,Golden Valley Bryan Harjes* Engagement Lead,HKGi Sue Virnig* Finance Director,Golden Valley Jeff Miller Urban Planner.HKGi Ted Massicotte* Assistant Fire Chief,Golden Valley Andrew Cooper* Public Works Architect,Oertel Architects Tim Kieffer* Public Works Director,Golden Dustin Phillips* Pre-Con&Estimation Valley Kraus/Anderson SueSchwalbe* Physical Development Assistant, Michael Healy Police Planner,BKV Group Golden Valley Modified Public Meeting Protocols Followed Throughout the minutes, Task Force members will be referred to by their initials as listed above. This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTy: 763-593-3468}to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette, etc. City of Golden Valley Facilities Study Task Force Meeting Minutes 2 Dec 15, 2020—3:30 pm Action items referenced within discussion notes are indicated in bold. Approval of Minutes: 12/15/2020 Task Force Meeting Minutes, motion by Karen Boehne seconded by Marc Meirovitz. Discussion: 1. Review Study Schedule a. (BSa) it looks like the space program should be done about now, is that close to being complete and how will the task force weigh in on that? i. There will be a time to engage with the task force and with the public on the space program, and so after the team circles back with each city department the findings will be shared with the task force. b. (KB) The planning options and cost estimates should go hand-in-hand —for things to be fully transparent, it seems like it would make sense for residents to know the facts and figures behind the planning options. i. There will be some overlap between those two parts of the process, and while more definitive cost analysis will happen later in the project towards April, as the team develops planning concepts they will work with broad cost estimates for the different options, which will be a part of the conversation with the task force and the public as those options are refined. ii. KB: Residents may also want some more specific details related to quantitative information related to the issues— how narrow is the corridor, how wide are the fire engines vs. the door opening sizes, etc. a. This information will also be shared in more detail in the space programming phase—this is part of the process that we are discovering as we go on. b. Gary Cohen: The plainer and more approachable we can make the issues by using real life examples the more people can feel that better sense of transparency. 2. Review Community Engagement Survey Results a. (GR) Something that should be added to this is the idea of secure public spaces, and maintaining safety for everyone in the civic spaces. b. (BSa) Were there any surprises for the planners in the responses? i. The ranking in terms of importance the different considerations and driving elements seemed to be confusing to survey takers, so clearing those ideas up going forward is something we'll work on. c. (KB) Who are the stakeholders? City of Golden Valley Facilities Study Task Force Meeting Minutes Dec 15, 2020—3:30 pm i. People who are using the city facilities, who have some kind of interest in something happening downtown, from people who go there to use to DMV or other services but also the person who lives in Golden Valley and pays taxes but doesn't go to city hall. ii. (KB) Should the community come before the stakeholders?The community would seem to be the ones who would make the key decisions, especially if they live nearby and are the ones who pay taxes. iii. (GC) For some of the data about how often people use City Hall, is it worth considering that the numbers could be swayed by the fact that City Hall has been closed for the last 10 months? a. That definitely could have an effect, especially when someone considers the responses related to the DMV usage. d. One thing of note was the demand for more online options at City Hall, which was surprising to the planning team. e. (SB): Is there a goal to have more people come to City Hall?A revenue goal? Are we trying to draw more people to downtown to spend more money? Or is it just to have something nice as opposed to revenue? i. One of the assumptions too is that city hall has some services you can't get anywhere else, i.e. DMV, building permits, public meetings, voting, etc. and having that activity in the downtown area attracts more activity, which could help lead to more development and commercial spending. At the same time, better use of the downtown space could consolidate civic functions and create more attractive public spaces, while also freeing up land for private investment. ii. Asking these questions also just helps to understand how the citizens use city hall and the other civic functions, and as the planning process continues will help to inform what the goals should be, i.e. focusing on bringing in more people to city hall vs. creating space for private investment. iii. GR: Additionally, there are some needs for greater accommodations at time in City Hall, such as times when contentious issues are being discussed by council or at candidate forums, etc. when having enough space for the public to observe and participate is a challenge. f. (KS): Have we considered consolidating all functions into one building, and have we allowed room for the program to change based on changes that may come to space usage after COVID ends and space needs change? i. The program is always qualified to be subject to change as necessary, and although the program should be close, when the actual time comes to build it would be important to also revisit the programming recommendations from this project. City of Golden Valley Facilities Study Task Force Meeting Minutes Dec 15, 2020—3:30 pm ii. There is also a limit to the efficiency of bringing all functions together, although this is an option we are looking into, due to functional needs of different spaces and their lifecycles. There's also a limit to the efficiency of construction and cost as things are consolidated. From the standpoint of Golden Valley, it also becomes difficult given the city's need to implement changes in phases due to cost. a. The emergency movement of police and fire can also complicate this effort, although we are looking for combinations and spatial efficiencies where possible. g. Key Takeaways i. (GR) One thing historically is that library and city hall were once collocated, so that would be a bit like coming full circle. Additionally, the original intent of creating the civic campus was to try to create efficiencies, and so are there more efficiencies to be gained and what could we lose by separating facilities? ii. (KS) Do we get more contribution from the DMV the more people they serve, and has that been a factor in the planning concepts so far? a. While the revenue from the DMV is an overhead income, the more they serve the more money we would be able to get from them for the general fund. iii. (AJ) Based on this group's survey, will there be another survey? a. Yes, there will be another survey, related more to the different options being developed as they are being refined, although the survey and the response types have yet to be determined and could still incorporate write in responses and other questions that could address any shortcomings in the first survey's results. 3. Review of Stakeholder Meetings a. Engagement with the Post Office and MNDOT i. It's a possibility that could be explored more but they're less easy to work with. Same goes for MNDOT. There are some opportunities, but it's also a question of priorities, especially when other entities are more receptive to partnerships and collaborations. 4. Next Steps a. Finalize Department Programs b. Develop Preliminary Site Planning Strategies c. Plan and Market Community Engagement Phase 11 City of Golden Valley Facilities Study Task Force Meeting Minutes 5 Dec 15, 2020—3:30 pm Chat Readout: Karen Boehne: I think Cost Estimates and Planning Options should go hand in hand. Karen Boehne: Who are the stakeholders? Sue Virnig: The DMV contributes $82,000 to the General Fund. Andy Johnson: Based on this group's feedback, will there be another survey? Karen Boehne: People have mentioned the post office being better incorporated to me. Is this a possibility? Brian Smith: I believe this was discussed in one of the previous meetings. Theh post office is its own entity and likely to remain. Tierre Webster: As we're considering facilities, do we have population/demographic projections over the next 15-20 years? If so, can I see those documents? Brian Smith: The city did have a comprehensive housing study completed a few years ago by Maxfield Research that would have population and household projections. Not sure how far out but could be to 2040. There is a link to the study on the City web page under the city planning page under the 2040 Comprehensive plan housing section. Gillian Rosenquist: The City's 2040 Comprehensive Plan also has some information about Metropolitan Council predictions for growth and needs. Next Meeting: 1. Task Force: Tuesday, January 19t" 3:30—5:30pm. ATTEST: Marc Nevinski, Staff Liasion Respectfully submitted, Marc Nevinski, Physical Development Director City of Golden Valley Facilities Study Task Force Meeting Minutes 6 Dec 15, 2020—3:30 pm 7800 Golden Valley Road I Golden Valley,MN 55427 city 0f 763-593-8030 1 TTY 763-593-3968 1 763-593-8109(fax)I www.goldenvalleymn.govl/�Q�] d e/ [ . . . wane Facilities Study Task Foie Y February 2,2021—3:30 pm REGULAR MEETING MINUTES Virtual Golden V Meeting 7800 Golden Valley Road Call to Order The meeting was called to order at 3:35 pm by Chair Gillian Rosenquist. Roll Call Task Force Members Present (indicated by asterisk): Name: Company: Name: Company: Gillian Rosenquist* (GR) Task Force Chair,Golden Valley Karen Boehne* (KB) Task Force,Resident City County Member Andy Johnson* (AJ) Task Force,Planning Kathryn Simpson* (KS) Task Force,Resident Commissioner Becky Sanders* (BSa) Task Force,Resident Lucy Smith-Williams* Task Force,Business (LSW) Brian Smith* (BSm) Task Force,Resident Marc Meirovitz* (MM) Task Force,Business Cameron Selmer* (CS) Task Force,Resident Sara Barrow* (SB) Task Force,Resident Gary Cohen* (GC) Task Force,Resident Tierre Webster* (TW) Task Force,Business Additional Attendees (Steering Committee and Project Team) .......................................... Name: Company: Name: Company: MarcNevinskl* Physical Development Director, Bruce Partner in Charge,BKV Group Golden Valley Schwartzman* Cheryl Weiler* Communications Director,Golden Susan Morgan* Project Manager,BKV Group Valley Jason Sturgis* Police Chief,Golden Valley Ben Janes* Designer,BKV Group John Crelly* Fire Chief,Golden Valley Bryan Harjes* Engagement Lead,HKGi Sue Virnig* Finance Director,Golden Valley Jeff Miller Urban Planner.HKGi Ted Massicotte* Assistant Fire Chief,Golden Valley Andrew Cooper* Public Works Architect,Oertel Architects Tim Kieffer* Public Works Director,Golden Dustin Phillips* Pre-Con&Estimation Valley Kraus/Anderson SueSchwalbe* Physical Development Assistant, Michael Healy* Police Planner,BKV Group Golden Valley Kelly Naylor* City Hall Planner,BKV Group Craig Carter* Fire Planner,BKV Group Andrew Cooper* Public Works Planner,Centel Architects This document is available in alternate formats upon a 72-h0 ur request. Please call 763-593-8006 (TTy: 763-593-3468}to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette, etc. City of Golden Valley Facilities Study Task Force Meeting Minutes 2 Feb 2, 2020—3:30 pm Modified Public Meeting Protocols Followed Throughout the minutes, Task Force members will be referred to by their initials as listed above. Action items referenced within discussion notes are indicated in bold. Approval of Minutes: Minutes to be submitted for record and approval. Discussion: 1. Discussion of Project Priorities a. Review of project priorities as included in the Task Force agenda i. Those identified initially as "needs" required by operations, and those identified as "wants" by the Steering Committee, Task Force, stakeholders, and via the open community survey. b. (KS) Is it possible to just have one Fire Station downtown? i. Chief Crelly: The department has been studying right sizing for the department, including through the 2007 Five Bugles Study: 3 stations are not sustainable because they would drive the number of firefighters up; 1 station would serve downtown Golden Valley well but would not serve the perimeter of the City meeting regulatory response time standards. c. (KB) The Fire Department received a high rating in 2018 for quality [Referring to the ISO fire insurance rating or Public Protection Classification (PPC), a score from 1 to 10 that indicates how well-protected your community is by the Fire Department]; how might the change to a 2-station model impact this rating, and thus, potentially impact taxpayer insurance? i. Chief Crelly: The department is proud of its ISO rating, and is concerned that the current operating model — paid-on-call (POC)— is in danger of collapse, as the demands of family, work, and fire service are leading to lower numbers of firefighters able to commit in that capacity, making it difficult to recruit and retain the 50 firefighters needed to serve the city. Committing to the transition to duty crew, which allows the department to schedule staff, ensures staff are at the station available to respond to calls and callbacks immediately, and to be able to train on shift. d. (KB) Is there a cost difference for the proposed model? i. Chief Crelly: Operationally the department's study of this indicates a modest increase in cost, which is lower than the costs that would be incurred if the department was forced to go to a full-time department. Right now, in the POC model, 85-90% of all firefighters respond to all City of Golden Valley Facilities Study Task Force Meeting Minutes Feb 2, 2020—3:30 pm calls; in a duty crew model, staff on shift at the station would respond, which is a savings from having all personnel respond to all calls. e. (KB) Has the department considered joining/partnering with adjacent departments like West Metro? i. Chief Crelly: GVFD has reached out to West Metro, Plymouth, and Saint Louis Park to see if they would be interested, and none found benefits to their own programs to partner. Golden Valley would still require their own fire stations in any partnership agreement. It was noted that the current fire stations #2 and #3 currently better serve adjacent cities (Minneapolis and Robbinsdale) that they do Golden Valley, because of their geographic placement. f. (GC) Reaffirmed from previous knowledge that the City should prioritize and value fire department response times as a critical need. i. Chief Crelly: The POC model would save 4 to 6 minutes on turnout time, as staff would already be at the station; this would allow the department to provide quicker, better service. g. (GR) Safety of public buildings should be articulated as a priority. Reference made New Hope's incident driving a change in Golden Valley protocol to have a GVPD officer present at council meetings (pre-COVID). A goal for the project should be to provide public spaces which are open, visible, and safe. i. Bruce Schwartzman (BSch): The current City Hall building allows the public to move freely throughout the whole building, more deep into the building than current planning would allow. ii. (MN): the current council chamber was scheduled for renovation in 2020, to address issues of safety and aging infrastructure. The city does not want the space to feel fortified, and want people to feel invited to engage with their governance. Creating a welcoming environment is important. h. (AJ): Affirmed the Chair's addition of safety as a priority. Also provided additional suggestions: i. Team should define the difference between access and accessibility. ii. Team should prioritize the priorities. a. (MN): Team will send a list of the priorities to the Task Force for each member to rank order the priorities. iii. For distribution to the public, team should review the language and presentation of priorities— make them compelling and impactful. i. (GR) A priority should be keeping people together. Can the team explore the cost benefits of collaboration? j. (MM) Is the sale of parcel(s) of the NE quadrant still a part of the proposed plan? i. (SM) This project intends to carry forward the recommendations of the Downtown Study, which has identified targeted goals for the additional City of Golden Valley Facilities Study Task Force Meeting Minutes Feb 2, 2020—3:30 pm of commercial/retail/housing to this block as part of the overall civic vision. ii. (CS) Does the City have a plan for how to evaluate developer's proposals and how the City will provide feedback on proposed development approaches? a. (MN) The city has not developed a formal process yet, but will develop a process for soliciting proposals and evaluating against city goals and objectives. k. (KS) Does building design safety— i.e. difference between 1 and 2 stories? i. (SM) and (BSch): Either type of building can be designed for safety, for example — managing public flow and access to stairs/elevators. Locating primary public uses on the first floor of a two story building is one way to manage safety overall. 2. Review of Space Programming a. The team shared programming updates for each department, pausing at each for input and questions from the Task Force. b. Fire Department: Since the stations were built, NFPA standards have been updated to reflect new science; to comply with the updated standards, which is important in the long-term, would require significant additions and renovations to the current facilities, achieved with greater value and effectiveness as part of new construction. Current facilities cannot support 24-7 use—there is insufficient bathroom and locker space, and no bunk rooms. Plan is for a staff of 60: 30 firefighters per station, with around 6 on duty for each shift. i. (KB) Will new buildings include gender neutral facilities? Recommend using that language in any program documents vs. highlighting changes that only impact women, which could be off-putting. a. Chief Crelly and Craig Carter: Facilities will be designed as gender neutral, which is critical with a duty crew model because the balance of staff cannot be projected —either long-term or per shift. There may be times when an entire shift is all women or all men. ii. (BS) What kinds of training spaces will be provided? Will they be flexible for different kinds of uses, or for community use? a. (CC) Both stations will have large classrooms, designed for FD use and to allow for use during elections. Station #1's room will be sized for its dual function as an EOC (Emergency Operations Center). Stations #1 is proposed to include a training tower, useful for a range of training types. City of Golden Valley Facilities Study Task Force Meeting Minutes Feb 2, 2020—3:30 pm iii. (CS) It is important to be clear about the proposed programs for GVPD and GVFD to be define which elements translate into increased benefit to the public. a. (CC): Example: proposed programs have more apparatus bays: critical to provide space for different types of apparatus, but also to ensure they are easily accessible quickly when needed. Current stations are pull in/pull out, and require that specialty equipment be stored at the rear of apparatus bays, behind other equipment. Another example is investment in cancer prevention planning measures: these will increase recruitment and retention. b. Project team to continue considering this recommendation in development of ongoing content, especially further community engagement collateral. iv. (MM) Will the stations be pull-through? a. (CC) It is a goal that they be pull-through, though this will be contingent upon available site space. This reduces potential damage to equipment and to buildings. v. (KB) What opportunities exist for sharing training? a. Chief Crelly: GVFD does this a lot, for instance with West Metro. The ability to provide more training onsite benefits service as it doesn't require the department to backfill staff for offsite training. Joint training factors into ISO rating, so having facilities with dedicated training space will benefit the department and the community. vi. (KS) Is there land available for a bigger fire station? a. (CC and MN): This project will not identify specific target sites for the relocated Station #2, but will identify requirements for site selection, and recommendations for site features and attributes. c. Police Department: Facility standards and requirements are provided by CALEA (the Commission on Accreditation for Law Enforcement Agencies), and by MN BCA (the Minnesota Bureau of Criminal Apprehension). There is a current loss of efficiency and distinct operational challenges in the 2-story facility. There is a lack of exterior and interior secure storage for police vehicles. The existing single training room is shared with GVFD, and does not allow for specialized training, which is the heart of service —situational awareness, physical training, classroom training. The building has a minimal amount of space outside of secure areas, which limits some operations. i. (KS) Would training spaces be flexible and available for community use? a. (MH) Yes, that would be the goal for the community room especially. City of Golden Valley Facilities Study Task Force Meeting Minutes 6 Feb 2, 2020—3:30 pm b. (MN) The City hopes to provide more community training: Brookview was intended for this purpose, but is often fully booked. Additional community training spaces would be beneficial. ii. (BSch) A reminder to the Task Force that GVPD is a 24-7 department, which is not typical for all Metro communities. This provides a higher level of service and responsiveness. d. Public Works: The biggest driver requiring change is the substantial increase in equipment size since the time the city's buildings were constructed: an example was provided of existing plow parking spaces (392 SF) and current standard plow spaces (810 SF). Fleet size is not increasing, but the equipment size has, to meet best practices. i. (BS) Is there a proposed location for relocating Public Works? (KB) Could portions of service be located at Brookview? a. (AC) Specific sites are not being evaluated as part of this project, which will define requirements and recommendations for property size and location, as service can be 24/7, so placement adjacent to compatible zoning (i.e. not residential) is critical. ii. (GC) From personal experience, can confirm the issues and damage when equipment doesn't fit. This can lead to costly vehicle repair challenges. iii. (KB) In 1980, when Public Works originally sought to centralize in Downtown Golden Valley, one priority listed was to increase employee morale. Is that no longer important? a. (TK) Employee morale is very important, and the adjacency to City Hall is nice to have re: ability to drop in for conversations. At present, a more critical priority is to consolidate public works facilities to a single location, to address inefficiencies in labor and mobilization. e. Re: Public Space Program — Indoors and out: i. (KS) A high priority should be to provide spaces of gathering. ii. (BS) Want to build on the success of Brookview a. (MN) Even with the success of Brookview, there are still unaddressed space needs, which both define project success and return on investment, but highlight additional needs within the community. f. City Hall: The existing building is spatially inefficient: two floors and separation of work suites lead to department silos and minimize collaboration and communication opportunities, as well as requiring dedicated space for departments for features which might otherwise be shared. Proposed program increases space for the DMV; there would be an option in future implementation City of Golden Valley Facilities Study Task Force Meeting Minutes Feb 2, 2020—3:30 pm (at a renovated or new facility) to provide a dedicated entrance, so it could keep separate operating hours from City Hall. The proposed program accommodates growth, though large increases in staff are not projected. It increases shared resources, and overall flexibility and adaptability. i. (KS) Does the proposed program provide more flex space for working? Might rooms be flexible for reconfigured sizing? a. (KN) Yes, additional enclosed meeting spaces are provided, as are spaces for open collaboration, which provide flexibility for department changes. There is some ability to adjust room sizes, though this would have to be reviewed for the costs associated with special assemblies versus the benefit. ii. (MM) Does the program include a full-service DMV? a. (SV) Full-service would be 100% of employees working at the counter, which is a part of this program. The city cannot do passport processing—a federal government process— as it is within 4 miles of Robbinsdale. Providing driver's licenses would require additional equipment. iii. (KB) How much of volume will be impacted through online usage versus in-person? a. (KN) The current program takes into account an understanding of volumes of service types. iv. (GR) Important to reflect on the expanded timeline of elections throughout the year re: increased options. How does this impact the current need for consolidated elections storage and space and for flex space to be used? Example: city was at approximately 90% of residents voting in the last election, with about 350 people per week at City Hall in November 2020. 3. Financing— Brookview Case Study a. Due to the length of discussion about the previous two items, this agenda item was tabled until the next meeting. Task Force members affirmed that this was information they would like to review. 4. Review of Plans for Community Engagement Phase 2 a. Originally the project provided two touchpoints with the community: one to engage residents about project goals and vision, and one to share and gain feedback on planning proposals. As a result of survey feedback from Phase I, and from dialogue with the Task Force and Steering Committee, the project's Communication Subcommittee is recommending two more community touchpoints: 1.5 to revisit the "whys" of the project— needs and priorities, and to separate that from a later session 2, which will present planning concepts for feedback. City of Golden Valley Facilities Study Task Force Meeting Minutes Feb 2, 2020—3:30 pm i. Re: (AJ) earlier comment to ensure messaging and communication to the public is engaging and compelling. ii. (AJ) Provide information in smaller pieces rather than as one whole dataset. Be mindful of information overload. a. (CS) Change the format to be less detailed and focused on what people are most engaged by: safety, equity, and coming back together. iii. (GC) Offer next sessions, if live, at more than one time, to ensure access and reach. iv. (GR) Define the key problems and demonstrate/illustrate real-world impacts. Can you provide a users point of view (example: a video inside a public works truck doing the multi-point turn, or how hard it is to find and get to the public safety training room for a community training event)? 5. Next Steps a. Develop Preliminary Conceptual Scenarios b. Plan and Market Community Engagement Phase 1.5 and 2 Next Meeting: 1. Task Force: Tuesday, February 16t" 3:30—5:30pm. ATTEST: Marc Nevinski, Staff Liasion Respectfully submitted, Marc Nevinski, Physical Development Director 7800 Golden Valley Road I Golden Valley,MN 55427 763-593-3991 1 TTY 763-593-3968 1 763-593-8109(fax)I www.goldenvalleymn.gov valley Rising TIDES Task Force January 12, 2021—5:15 pm REGULAR MEETING MINUTES Via Cisco WebEx Call to Order The meeting was called to order at 5:19 pm by Staff Liaison Kirsten Santelices. Roll Call Members present: Joelle Allen, Ajani Woodson, Ruth Paradise, Melissa Johnson, Brad Taylor- White, Amber Alexander, Alex Moreno, and Myat Thanda Tun Members absent: Sheri Hixon, Fartun Hussein, and Sam Powers Staff present: Kirsten Santelices, Human Resources Director and Kiarra Zackery, Equity and Inclusion Manager Approval of Agenda and December 8, 2020 Meeting Minutes MOTION by Member Paradise to approve the agenda and December 8, 2020 meeting minutes. Seconded by Member Taylor-White. Motion carried 8-0. Announcements Staff Santelices reviewed the Building an Equitable Golden Valley Quarterly Conversations process and the plan for the Q1 event. Chair Allen shared that the Task Force will be involved with planning these events moving forward. Chair Allen suggested that the Task Force create subcommittees to plan going forward. Task Force members were receptive and discussed ways to get community input on future conversations. Staff responded that a place can be placed on the website for people to go and provide feedback. Chair Allen suggested that the Q2 topic focus around equity for individuals with disabilities and Task Force members agreed to work on the economic systems and impact on individuals with disabilities. Members Woodson, Paradise, and Moreno volunteered to work on this topic. The Task Force will spend 30 minutes formalizing at the February meeting. Staff Zackery will also provide project management structure for future use. Subcommittee Action Planning Update Member Paradise provided ideas about potentially implementing a welcome committee post- pandemic and in the interim creating a welcome letter that can be shared with new residents as part of their water bills and with apartment managers.The group discussed what the letter may look like and decided that a statement and sharing the City's commitment to diversity, equity, and inclusion would be preferable to attempting to perfect a list of amenities within Golden Valley. More discussion revealed that this letter could include the links to the City's social media sites and the website.The subcommittee will work on a draft for the next meeting. Staff will share with Communications and City Management team for potential use. MEETING MINUTES— Rising TIDES Task Force 2 January 12, 2021 Member Taylor-White shared briefly that work on board and commission recruitment practices would continue, particularly after a meeting with the communications team. Chair Allen briefly shared that the subcommittee will connect with staff about upcoming bids/RFPs/contract opportunities to discuss current processes and potentially provide some recommendations. Staff Zackery shared with the group some of the initiatives in this area that staff are currently working on, including: intentionality with advertisements; identifying barriers of our current processes; and considering how contracts are written. Additionally, staff will be using measurement tools to apply the concepts above to five contracts over the course of 2021. The Task Force will continue to provide subcommittee updates at future meetings. Staff Zackery shared two announcements: Sweet Potato Comfort Pie event staff reached out for volunteer facilitators and the City HRC purchased tickets to the MLK Breakfast. Adjournment MOTION by Vice Chair Alexander. Seconded by Member Thanda Tun. Meeting adjourned at 6:19 pm. Jo Allen, Chair ATTEST: &44�� Kirsten Santelices, Human Resources Director EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting March 16, 2021 Agenda Item 3. D. 1. Award Contract for 2021 Crack Sealing Project, City Project#20-05 Prepared By Tim Kieffer, Public Works Director R.J. Kakach, PE, Assistant City Engineer Summary The City's Pavement Management Program (PMP) addresses the needs of the City's streets. The program includes asphalt maintenance, rehabilitation, and reconstruction. Through this program, timely and cost-effective measures are taken to construct and extend pavement life. As asphalt pavement ages, it is subject to the weathering effects of water, air, cold winters, and hot summers. As pavement naturally expands and contracts through the seasons, it forms thermal cracks that extend from one edge of the street to the other. Crack sealing is a maintenance effort in which an elastic polymeric material is placed inside of the pavement cracks. This is done to prevent water seepage into the pavement and subgrade and in turn substantially extends the life of the pavement. Crack sealant lasts approximately 2-5 years. The City's 2021 Crack Sealing Project will be located in Maintenance Zone 5, as shown on the attached map. Quotes for the 2021 Crack Sealing Project City Improvement Project 20-05 were received on March 4, 2021 and are listed below: Northwest Asphalt and Maintenance $44,300 Allied Blacktop Company $53,800 Staff has reviewed the quotes and found them to be accurate and in order. Financial Or Budget Considerations The financing for this contract is summarized below: • Funding for this project is in the 2021 Street Maintenance Budget (1440.6440) which includes $208,000 for miscellaneous contractual street maintenance such as striping, concrete shaving, pavement preservation and crack sealing. It is expected that construction will begin as weather permits in May of 2021 and be completed by July. Recommended Action City Council Regular Meeting Executive Summary 2 City of Golden Valley March 16, 2021 • Motion to authorize the Mayor and City Manager to execute a construction agreement with Northwest Asphalt and Maintenance in the form approved by the City Attorney for the 2021 Crack Sealing Project#20-05 in the amount of$44,300. Supporting Documents • Crack Seal Location Map (1 page) • Contract with Northwest Asphalt and Maintenance (16 pages) ode`' m- , Hennepin County Stree Winscinip St O� �a L �a Private Street or Alley co Q 55 L Woodland O, 0 Trail 0 c' odore WirO r� r ' Q i �O O > �r N - Scha er Rd co � coo O o co N Fronta e R °' Highway 55 /Olson Memorial Highway rontage in Te .T L ` r t ck - I —_ ve L z oQ STOCK Ave eat_ > B I Ave 0 0 ove' N° Q o > a Lori Ln _ z z o E J f N � o I Q cu CID oano er O,. > e oano e Cir dDO ti boa IN Glenwoo venue/County .np/ L �' CD CD cut) a cn aI n> Cir 0 4s o coColonia/ s Q n 0 ) We /encrest Rd anal n Cir Turnpike 00 z Straw m sson Rd 0 Rd m o - rcle Down ~ G ey sot Rid e Tr Interstate-394/ Highway 12 a zata Blv ----•--------- T rol ayza a 1vd - O �' n, -4 res P of '�C0� CONTRACT FOR 2021 CRACK SEALING CITY OF GOLDEN VALLEY PROJECT NUMBER 20-05 THIS AGREEMENT is made this 161" day of March, 2021 (the "Effective Date") by and between Northwest Asphalt & Maintenance, an asphalt maintenance company located at 11560 1901" Street NE, Thief River Falls, MN 56701 ("Contractor"), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the "City'): RECITALS A. Contractor is engaged in the business of asphalt pavement crack sealing. B. The City desires to hire Contractor to furnish and apply crack sealant. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1. The Work. Contractor shall perform the work more fully described in the attached Exhibit A(the "Work"). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor's obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. 2. Time for Completion. The Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the City's engineer on or before July 31, 2021 (the "Contract Time"). Contractor shall to notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor's expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time. 3. Consideration. The consideration, which the City shall pay to Contractor according to the details set forth in the attached Exhibit C.The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty (30) days after receiving a statement from Contractor. 1 4. Permits. Contractor shall obtain, at its sole cost, all permits required for the performance of the Work. 5. Extra Work. Unless approved by the City in writing,Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor's own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 6. Contract Documents.The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary drawings, plans, specifications d. Other documents listed in this Agreement Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 7. Expense Reimbursement. Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor's fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 8. Approvals. Contractor shall secure the City's written approval before making any expenditures, purchases, or commitments on the City's behalf beyond those listed in the Work. The City's approval may be provided via electronic mail. 9. Protection of Persons and Property. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 2 10. Acceptance of the Work. All of the Contractor's work and labor shall be subject tothe inspection and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done to the satisfaction and approval of the City at the Contractor's sole cost and expense. Contractor shall replace at Contractor's expense any loss or damage to the Work, however caused, which occurs during the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any payment made to Contractor,shall not be construed as operating to relieve Contractor from responsibility for the construction and delivery of Work. Acceptance of the completed Work shall be evidenced only by a Certificate of Final Completion issued by the City, which shall state the date on which the City accepts the completed Work (the "Final Completion Date"). 11. Warranty. Contractor represents and warrants that it has the requisite training, skills, and experience necessary to complete the Work, is appropriately licensed by all applicable agencies and governmental entities, and will complete the Work in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar work. Contractor further represents and warrants to the City that the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise.Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or equipment not conforming to these requirements may be considered defective.Contractor shall promptly correct any defective Work. Costs of correcting such defective Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for any additional services and expenses made necessary thereby, shall be at Contractor's expense. Contractor's warranty shall exclude remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. 12. Guarantee. Contractor guarantees and agrees to maintain the stability of the Work and materials furnished and installed under this contract for a period of one year after the Final Completion Date (the "Guarantee Period"). Contractor agrees to perform fully all other guarantees as set forth in the specifications. If any of the Work is found to be not in accordance with the requirements of the Contract during the Guarantee Period, Contractor shall correct it promptly after receipt of notice from the City to do so.The City shall give such notice promptly after discovery of the condition. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct the Work at Contractor's expense. The Guarantee Period shall be extended with respect to portions of Work first performed after the Final Completion Date by the period of time between final payment and the actual completion of that portion of the Work. The one-year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to this Section. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's obligations other than specifically to correct the Work. 3 13. Termination. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties' obligations hereunder, unless terminated by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary,this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Either party may terminate this Agreement in the event of a breach of the Agreement by the other party upon providing written notice of intention to terminate to the breaching party. Termination will become effective automatically and without further notice unless the breaching party cures the breach within thirty (30) days after the giving of such notice. c. The City may terminate this Agreement immediately upon Contractor's failure to have in force any insurance required by this Agreement. In the event of a termination,the City shall pay Contractor for Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 13. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 14. Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor,the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor's breach. 15. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor,that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 16. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor's successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents,volunteers,and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character;damages; losses; and costs,disbursements,and expenses of defending the same, including but not limited to attorneys' fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor's (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement,or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor's failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 17. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: 4 a. Worker's Compensation Insurance as required by Minnesota Statutes, section 176.181; b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $500,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $1,000,000 general aggregate, and $1,000,000 for products-completed operations hazard, providing coverage for claims including: i. Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii. Personal and advertising injury; iii. Damages because of physical damage to or destruction of property, including loss of use of such property; iv. Bodily injury or property damage arising out of completed operations; and V. Contractor's indemnity obligations under this Agreement. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: "The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages." Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days' written notice is provided to the City, or 10 days' written notice in the case of non-payment. 18. Compliance with State Withholding Tax. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project by providing to the City Engineer a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. 19. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party's prior written consent. Any assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due)in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to 5 assist it in the performance of the Work required by this Agreement. Any instrument in violation of this provision is null and void. 20. Independent Contractor. Contractor is an independent contractor. Contractor's duties shall be performed with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is customarily engaged in the independent performance of the same or similar work for others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the Cityfor any purpose,including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 21. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor's guests, invitees, members,officers,officials,agents,employees,volunteers, representatives, and subcontractors shall abide by the City's policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City's Tobacco, Drug,and Alcohol Policy,as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures,or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 22. Entire Agreement. The Contract Documents shall constitute the entire agreement between the City and Contractor, and supersede any other written or oral agreements between the City and Contractor. 23. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 24. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 25. Work Products and Ownership of Documents. All records, information, materials and other work products,including, but not limited to the completed reports,drawings, plans,and specifications prepared and developed in connection with the provision of the Work pursuant to this Agreement shall become the property of the City, but reproductions of such records, information, materials and other work products in whole or in part may be retained by Contractor. Regardless of when such information was provided, Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. These obligations survive the termination of this Agreement. 6 26. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Work. 27. Agreement Not Exclusive. The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City's sole discretion. 28. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes,Chapter 13. Contractor agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City,except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 29. No Discrimination. Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended ("ADA"), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes,Chapter 363A.Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys' fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 30. Authorized Agents. The City's authorized agent for purposes of administration of this contract is Tim Kieffer, or designee. Contractor's authorized agent for purposes of administration of this contract is Matt Dolecki or designee who shall perform or supervise the performance of all Work. 31. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY Northwest Asphalt & Maintenance City of Golden Valley 11560 190t"Street NE 7800 Golden Valley Road Thief River Falls, MN 56701 Golden Valley, MN 55427 Jared Peterick, President tkieffer@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 7 32. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 33. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 34. Payment of Subcontractors. Contractor agrees to pay all laborers employed and all subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to pay any claims and demands for labor and materials, the City may apply the monies due to Contractor toward paying and satisfying such claims and demands. The City has the right to apply monies due to Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against Contractor. The amount of such payments shall be deducted from the balance due to the Contractor; provided that nothing herein nor any variation from the amounts and timing of the installments shall be construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or to retain for their benefit any monies coming to the contractor hereunder. Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor within ten (10) days of Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1%%) per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 35. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 36. Signatory. Each person executing this Agreement("Signatory') represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 37. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (pdf) and signatures appearing on electronic mail instruments shall be treated as original signatures. 38. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. 8 IN WITNESS WHEREOF,the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. NORTHWEST ASPHALT& MAINTENANCE: CITY OF GOLDEN VALLEY: By: By: Name: _ Shepard M. Harris, Mayor Title: By: TimothyJ. Cruikshank, City Manager 9 EXHIBIT A SCOPE OF WORK The Work will consist of sawing or routing, measuring, cleaning and sealing cracks in the existing bituminous pavement. Contractor shall provide certification that the sealant meets the requirements of MNDOT Standard Specification 3723.The crack sealant compound shall be packaged in sealed containers. Each container shall be clearly marked with the name of the manufacturer,the trade name of the sealant, the manufacturer's batch and lot number, the pouring temperature, and the safe heating temperature.A copy of the manufacturer's recommendations pertaining to the heating and application of the joint sealant material shall be submitted to the Engineer prior to commencement of work. These recommendations shall be adhered to and followed by Contractor. The temperature of the sealer in the field application equipment shall never exceed the safe heating temperature recommended by the manufacturer. Any given quantity of material shall not be heated at the pouring temperature for more than six(6) hours and shall never be reheated.Sealing shall not proceed if the temperature of the material has not reached or has fallen below the manufacturer's recommended minimum application temperature. Mixing of different manufacturer's brands or different types of sealant shall be prohibited. The "Blow& Go" installation method will be used when cracks fit one or both of the following criteria: a. Crack is in a roadway that has previously received a chip seal b. Crack has previously been crack sealed and the existing crack seal has failed. The Location Map, herein Exhibit A, identifies roadways that have previously received a chip seal treatment. The Location Map does not identify roadways that have previously received crack seal treatments. If existing crack sealing material in these areas is still in satisfactory condition, those cracks shall not be resealed. Cracks identified as "Blow & Go" shall be cleaned of all weeds, debris, and dirt by Contractor prior to sealing. The"Saw/Route&Seal" installation method will be used when cracks are present in a new pavement that has not been previously chip sealed or crack sealed. All cracks to be sawn/routed, measured, cleaned and sealed 3/ inch wide by a depth of 3/ inch shall be approved by the Engineer. The sawing/routing, cleaning and sealing shall extend the full width of the surface, including shoulders where necessary. Contractor shall conduct their operation so that sawing/routing, cleaning and sealing is a continuous operation.Traffic shall not be allowed to knead together or damage the reservoir once it has been created. Sawn/routed cracks not sealed before traffic is allowed on the surface shall be re-sawed/re-routed at no additional cost to the City. The sawing/routing equipment shall be mechanical and power driven, capable of following and cutting the cracks to the required dimensions without deviation from the crack or creating excessive spalling. Equipment designed to "plow' the cracks to dimension will not be permitted. Wet sawing will not be allowed. Immediately prior to sealing, the crack and surface area six (6) inches on both sides shall be cleaned of foreign matter and loosened particles with a broom or oil-free compressed air.The crack and surface area six(6) inches on both sides will then be cleaned and dried with a hot compressed air heat lance. The heat lance shall meet the following requirements:temperature of heated air at exit of orifice minimum of 280' F, velocity of existing heated air minimum of 2,800 fps. Contractor shall take caution to keep all sawing/routing and cleaning debris off of the boulevards and contained to gutter areas. The City will furnish a street sweeper and operator to work in tandem with Contractor's sawing/routing crew maintaining a smooth cleanup operation.The application time and final results of the cleaning area are subject to the Engineer's approval.The sealant must also be squeegeed to ensure proper overbanding. Sealant shall overfill the crack and extend a minimum of%inch on either side of the crack. If the sawing/routing process results in spalled or rough edges,the Engineer may require the material to be poured, flushed and squeegeed to fill in the rough edges. The applicator wands shall be returned to the machine and the joint sealant material recirculated immediately upon completion of each crack. Pour pots or similar devices shall not be used to apply the sealer. Lanes may be opened to traffic only after the sealer has set sufficiently so it will not pick up under traffic. Cover material shall be spread on top of the sealant while still hot. Traffic shall not be allowed on the material until it is cured or it has been blotted to prevent tracking.The use of blotting material such as toilet paper will be permitted. Sand or fine aggregate shall not be used as cover material. Sealant material picked up or pulled out during construction shall be replaced at Contractor's expense. Sealant materials may be placed during a period of rising temperature after the air temperature in the shade and away from artificial heat has reached 40' F and indications are for a continued rise in temperature. During a period of falling temperature, the placement of sealant material shall be suspended when the air temperature, in the shade and away from artificial heat, reaches 30' F. Sealant shall not be placed when in the opinion of the Engineer the weather or roadbed conditions are unfavorable. Sawing/routing and sealing will be permitted only during daylight hours. o > ¢ a ¢ Z L gend Ln o o Major '° m I /NeS 4 ay Cir _a x - pN,0 /bend Rd `ate ?a ty Road 66 peen y-n P° Sorell Ave a brefi G ryen Crack Seal Area C;� Y T o City Street in Area, 21.9 mi. 0 > COo g° i Chip Seal 2002 to Present enac z �a a MnDOT Highway e � ng �aee� 0� Hennepin County Street m` Ke` z3 Private Street or Alley z yea oS o J � Woodland O ¢ Trail odore WlryC` nix St oe I N Scha er Rd O m ay N Fronta e - ----- ---/ "===---.----------------.._ Highway 55/Olson Memorial Highway TG�s ` rontage R ,/ te�a�n Te -.. s a � Ave o o ck N - ve Z o StOCK Ave i ntea`��- ¢ Ave m =f z ove N, ¢ m > o p o Lori L w - - 0 0` Z �° Z 2 -2 O o ¢ Cf�ac4) o oane o e� oano eCir ND ti oaa `1 Turnp Glenwoo venue/Count`1 F SU n Cir w n y`s o m Colonia/ y'o ¢> n o n o J We o G/encrest Rd �o n� �5 R,a_ Turnpike 00 z Straw Banal n Cir sSon Rd o i F F Rd o m Circle Down F' Alley ��sot Rid i a zata Blv Interstate-394 hway 12 T rol rn ayza a v e @ res N off AN > Nh Q > S m c O m c` 0 Prin(D tt/16 e 2021 Crack Seal -Hepm nnepinun Coty S Surveyors Office for Property Lines(2020) V,11,y. -City oI Golden Valley for all other layers Location Map 1 EXHIBIT B SPECIAL CONDITIONS 1. Responsible Contractor Certification.Contractor and subcontractor(s)shall be a "responsible contractor" as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements,will not be a "responsible contractor"and will be ineligible to perform the Work. Contractor and subcontractor(s) are that make a false statement verifying compliance with any of the minimum criteria shall result in the termination of this Agreement. 2. Pre-Construction Meeting. Prior to the beginning of construction operations, a pre-construction meeting shall be held, and shall be attended by the authorized representatives of the City and persons of the contracting company who will have direct responsibility for workmanship and/or materials used on the project. The conference will disclose all aspects for execution and schedule of the Work. Agreement on any and all questionable measurements, materials, methods or other matters shall be made at this conference. Contractor shall submit the following at the pre-construction meeting: a. Critical path phasing plan and schedule,which details all controlling operations. This shall be submitted a minimum of three (3) days before the pre-construction meeting. b. General project contact information including emergency contacts. c. Subcontractor list. d. Material supplier list. e. Traffic Control plan. 3. Measurement and Payment. Payment for all items for this project shall be by the unit price as stated herein Exhibit C. The estimated quantities on the Proposal form are for determination of the lowest cost for the Work. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the amount budgeted by the City. No claims for extra compensation due to increased or decreased quantities shall be considered. Contractor shall provide daily documentation to the Engineer, at the end of each working day, for the quantities performed that day. Contractor shall submit all final quantities to the City within one month after completion of the Work. 4. Mobilization (2021). The lump sum for mobilization is to include all aspects of work and shall include mobilization to all of the areas identified in the Location Map herein Exhibit A. 5. Traffic Control and Maintenance (2563). Contractor shall maintain traffic at all times while performing the Work in accordance with the current Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) Field Manual and its supplements, or as deemed necessary by the Engineer,when the Work occurs on or adjacent to any street, alley or public place. Contractor shall provide, under the traffic control item, all construction signage and traffic control devices for the protection of persons, property and the Work. Contractor shall be responsible for maintaining traffic control devices during the Work. In the event that the City must install additional signs for traffic control for safety purposes,the cost for such measures shall be billed to Contractor or withheld from monies due. The Contractor shall be held responsible for all damaged from failure to protect the work zone. Throughout construction, Contractor shall provide safe and adequate access at all times for residents, property owners and emergency vehicles. Access shall include the maintaining of ingress and egress of private driveways throughout construction. Throughout the duration of the Work, Contractor shall, as much as possible, work to limit any inconveniences to local businesses and property owners. When single lane traffic is necessary, flagmen must be provided to direct traffic. Contractor shall provide certifications of all flagmen that will be working on this project. 6. Manual References. The Specifications which apply to the Work shown in the Plans shall be as follows: a. Special Conditions herein Exhibit A and B. b. The most current edition of the Minnesota Manual on Uniform Traffic Control Devices. c. Division I, 1507 (Utility Property and Service) and Division I, 1512 (Unacceptable and unauthorized work) of the Minnesota Department of Highways Standard Specification for Construction, 2018 Edition and its supplements, shall apply, except as modified or supplemented herein. d. Division II (Construction Details) and Division III (Materials) of the Minnesota Department of Highways Standard Specification for Construction, 2018 Edition and its supplements, shall apply, except as modified or supplemented herein. 7. Safety Precautions and Accident Prevention. The Contractor shall observe and comply with all requirements to the safety of the workforce to be employed on the project.Contractor shall comply with all safety measures recommended and required by any governmental agency, including the Department of Labor and Industry, Division of Accident Prevention of the Industrial Commission of Minnesota, and with the requirements of the Workmen's Compensation Act and any amendments thereof.Attention is called to the other paragraphs of these Special Conditions covering safety precautions and accident prevention.The Contractor shall be responsible for all safety issues on this project. The Contractor shall comply with instructions from the City for implementing any additional requirements for safety concerns. 8. DOT Compliance.All of Contractor's drivers performing work for the City must be in compliance with DOT requirements related to holding a Commercial Driver's License (CDL). Contractor shall be responsible for ensuring its own compliance with all applicable DOT regulations and requirements, including but not limited to DOT regulations related to drug testing and the maintenance of drug testing records. Contractor shall indemnify and hold harmless the City for any fines incurred as a result of Contractor's failure to comply with DOT requirements as set forth above. It shall be Contractor's responsibility to comply and provide evidence to the City of DOT compliance upon request. 9. Hours of Operation. Work shall occur Monday through Saturday from 7:00 a.m. to 7:00 p.m. On streets designated as high-volume roadways, Contractor's Work shall be restricted to the hours of 9:00 a.m. to 3:30 p.m., or after 6:00 p.m. for any Work within the traveled portion of the roadway. HIGH-VOLUME ROADWAYS a. Betty Crocker Boulevard between US 169 and General Mills Blvd b. Boone Avenue North between TH 55 and Plymouth Ave c. General Mills Boulevard between Wayzata Blvd and TH 55 d. Golden Hills Drive between Wayzata Blvd and Turners Crossroad e. Golden Valley Road between Boone Avenue and Douglas Drive f. Laurel Avenue between Winnetka Avenue and Xenia Avenue g. Louisiana Avenue South between Laurel Avenue and 1-394 h. Noble Avenue North between Golden Valley Road and 341"Ave N i. North and South Frontage Roads of 1-394 j. Olympia Street between Winnetka Avenue and Douglas Drive k. Plymouth Avenue between US 169 and Winnetka Avenue I. Regent Avenue North between Duluth Street and 341"Ave N m. Rhode Island Avenue between 101"Avenue and TH 55 n. Wayzata Boulevard all portions in Golden Valley City Limits o. Winnetka Avenue between TH 55 and 1-394 p. Xenia Avenue South between Glenwood Avenue and 1-394 q. Zenith Avenue North between 261"Ave N and Theodore Wirth Pkwy On City owned parking lots, a one week advanced notice is required for crack sealing any parking lots. Work may need to be phased to allow for parking of City vehicles and City employees as directed by the Engineer. 10. Noise Elimination. The Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the manufacturer. 11. Care of Work. All work under this contract shall be accomplished with reasonable care and minimal damage to affected properties. The Contractor shall provide quality cleanup after removal and repair of any damage done by the Contractor's equipment. 12. Contract Time Extension. The Contractor shall perform fully, entirely, and in an acceptable manner, the Work within the Contract Time stated in this Agreement. Contractor shall notify the City on writing, not less than ten (days) prior to end of the Contract Time if the Contractor finds it impossible to complete the Work. Contractor shall detail fully in the request reasons for the extension. The City, in its sole discretion, may grant an extension if the Work has been delayed on account of unusual circumstances beyond the control of the Contractor, or that quantities of the Work done or to be done are in excess of estimated quantities in sufficient amount to warrant the extension for the completion to such date as may seem reasonable and proper. UHIBIT C PROPOSAL Contractor certifies tha'i an examination has been made of the scope and location of work and proposes to furnish all necessary machinery,equipment,tools, labor and other means for the Work and to furnish all materials specified in the manner and at the time prescribe; and understands that the quantities of work shown herein are approximate only and are subject to increase or decrease; and TUr-ther understands all quantities of work, whether increased or decreased, are-to be performed at the following, unit prices. Spec Estimated Number Description Units Quantity Bid Price Arnount Lump 2021.501 Mobilization Sum 1 2104.501 Furnish and Install Crack Sealant Lbs. 30,000 S _ $ H l(s0 . U� Lump 2104.503 Traffic Control Sum 1 $ M .00 l ,66 TOTAL COST TO PROVIDE SERVICES FOR 2021 CRACK SEALING PROJECT#20-05 sqLt Failure to have the required Work completed within the Contract Time shall result in the City charging the Contractor,and withholding from any monies due,liquidated damages in the amount of$200 per calendar day until all Work is completed. EXECUTIVE SUMMARY Public Works 763-593-8030 / 763-593-3988 (fax) Golden Valley City Council Meeting March 16, 2021 Agenda Item 3. D. 2. Approve Annual Bobcat Equipment Trade-Out Prepared By Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Superintendent Summary Council approved enrollment into the Bobcat Annual Trade-Out Program in 2018. The program allows the City to purchase a new machine every year for a set price after trade-in, which is approximately the estimated depreciation value. The City is responsible for routine maintenance and non-warranty repairs. The City saves about $2,000 per year for each piece of equipment in the program. The savings come from eliminating maintenance and repair costs of wear items such as tires, tracks, sprockets, hoses, belts, tie rods, ball joints, CV axles, and less downtime. Additional savings come from major repairs covered under warranty. Bobcat redesigned the compact track loader to a new model. Therefore, there is an increase to the base price and subsequently total cost for this year. The equipment is purchased from the state contract through the State of Minnesota's cooperative purchasing venture (CPV). The Minnesota Materials Management Division has awarded contract numbers T-631(5) and E-110(5) through the CPV. Contract No. Item Vendor Amount T-631(5) Bobcat T76 Compact Track Loader Tri-State Bobcat Inc. $60,140.15 Unit 762 Trade-in $50,140.15 Total Remittance to Vendor $10,000.00 Contract No. Item Vendor Amount E-110(5) Bobcat 5600 Toolcat Tri-State Bobcat Inc. $54,504.62 Unit 761 Trade-in $50,004.62 Total Remittance to Vendor $4,500.00 City Council Regular Meeting Executive Summary 2 City of Golden Valley March 16, 2021 Staff solicited quotes for the Bobcat 5610 Toolcat because the CPV did not award a contract for that model. Quotes were received from Farm-Rite Equipment and Tri-State Bobcat. The results are as follows: Farm-Rite Equipment, Inc. $51,291.63 Tri-State Bobcat Inc. $51,261.56 Item Vendor Amount Bobcat 5610 Toolcat Tri-State Bobcat Inc. $51,261.56 Unit 460 Trade-in $46,761.56 Total Remittance to Vendor $4,500.00 Financial Or Budget Considerations The 2020 Vehicle and Equipment Capital Improvement Program includes $55,000 for the purchase of a 5610 Toolcat (V&E-107), $55,000 for the purchase of a 5600 Toolcat (V&E-116), and $65,000 for the purchase of a T76 Compact Track Loader (V&E-145). Recommended Action Motion to approve purchase of a Bobcat T76 Compact Track Loader from Tri-State Bobcat in the amount of$60,140.15 and trade in Unit 762 in the amount of$50,140.15. Motion to approve purchase of a Bobcat 5600 Toolcat from Tri-State Bobcat in the amount of $54,504.62 and trade in Unit 761 in the amount of$50,004.62. Motion to approve purchase of a Bobcat 5610 Toolcat from Tri-State Bobcat in the amount of $51,261.56 and trade in Unit 460 in the amount of$46,761.56. Supporting Documents • Tri-State Bobcat T76 Compact Track Loader (2 pages) • Tri-State Bobcat 5600 Toolcat Quote (2 pages) • Tri-State Bobcat 5610 Toolcat Quote (2 pages) • Farm-Rite Equipment 5610 Toolcat Quote (2 pages) B a Product Quotation t® Quotation Number:27757D027988 it Date:2021-02-24 11:24:10 Ship to Bobcat Dealer Bill To City of Golden Valley Tri-State Bobcat Inc,Burnsville,MN City of Golden Valley 7800 Golden Valley Rd 1200 HWY 13 E 7800 Golden Valley Rd Golden Valley, MN 55427 BURNSVILLE MN 55337-2214 Golden Valley, MN 55427 Phone: (763) 593-3981 Phone: (952) 894-0894 Phone: (763) 593-3981 Fax: (763) 593-8024 Fax: (952) 894-5759 Fax: (763) 593-8024 --------------------------- Contact: Jon Quirk Phone: 952-894-0894 Fax: 952-894-5759 Cellular: 612-282-9805 E Mail:jonq@tristatebobcat.com Description Part No Qty Price Ea. Total T76 T4 Bobcat Compact Track Loader M0371 1 $47,156.00 $47,156.00 74.0 HP Tier 4 V2 Bobcat Engine Lift Path:Vertical Auxiliary Hydraulics:Variable Flow Lights,Front and Rear LED Backup Alarm Operator Cab Bob-Tach Includes:Vinyl Adjustable Vinyl Suspension Seat,Top Bobcat Interlock Control System(BIOS) and Rear Windows,Parking Brake,Seat Bar and Seat Belt Controls: Selectable Joystick Controls Roll Over Protective Structure(ROPS)meets SAE-J1040 Cylinder Cushioning-Lift,Tilt and ISO 3471 Engine/Hydraulic Performance De-rate Protection Falling Object Protective Structure(FOPS)meets SAE- Glow Plugs(Automatically Activated) J1043 and ISO 3449,Level l;(Level II is available Horn through Bobcat Parts) Instrumentation: Standard 5"Display(Rear Camera Ready) Parking Brake: Spring Applied,Pressure Released with Keyless Start,Engine Temperature and Fuel Gauges, (SAPR) Hour meter,RPM and Warning Indicators.Includes Solid Mounted Carriage with 4 Rollers maintenance interval notification,fault display,job codes, Tracks:Rubber, 12.6"Wide quick start,auto idle,and security lockouts. Warranty:2 years,or 2000 hours whichever occurs first Lift Arm Support Machine IQ Telematics Factory Installed P67 Performance Package M0371-Po6-P67 1 $4,656.40 $4,656.40 "Power Bob-Tach Two-Speed,High Flow,Dual Direction Bucket 7-Pin Attachment Control Positioning" C68 Comfort Package M0371-Po7-C68 1 $5,236.05 $5,236.05 "Enclosed Cab with HVAC Heated Cloth Air Ride Suspension Seat Sound Reduction Premium LED Lights Rear View Camera" Touch Display with Radio&amp;Bluetooth 17.7C-Pattern Rubber Track M0371-Ro9-Co2 1 $1,162.70 $1,162.70 Attachments 80" Severe Duty Bucket 7326129 1 $1,654.00 $1,654.00 --- Bolt-On Cutting Edge,80" 6718008 1 $275.00 $275.00 Total of Items Quoted $60,140.15 Trade-in T650 s/n ALJG30511 ($50,140.15) Quote Total - US dollars $10,000.00 Notes: Pricing Per MN State Contract#T-631(5),#186573 All prices subi ect to change without prior notice or obligation. This price quote supersedes all preceding price quotes. Customer Acceptance: Purchase order: Authorized Signature: Print: Sign: Date: B a Product Quotation t® Quotation Number:27757DO27987 � Date:2021-02-24 11:18:16 Ship to Bobcat Dealer Bill To City of Golden Valley Tri-State Bobcat Inc,Burnsville,MN City of Golden Valley 7800 Golden Valley Rd 1200 HWY 13 E 7800 Golden Valley Rd Golden Valley, MN 55427 BURNSVILLE MN 55337-2214 Golden Valley, MN 55427 Phone: (763) 593-3981 Phone: (952) 894-0894 Phone: (763) 593-3981 Fax: (763) 593-8024 Fax: (952) 894-5759 Fax: (763) 593-8024 --------------------------- Contact: Jon Quirk Phone: 952-894-0894 Fax: 952-894-5759 Cellular: 612-282-9805 E Mail:jonq@tristatebobcat.com Description Part No Qty Price Ea. Total Bobcat 5600 M1221 1 $42,723.20 $42,723.20 Adjustable Vinyl Seats Hydraulic Dump Box All-Wheel Steer Instrumentation: Automatically Activated Glow Plugs Hour meter,Job Hours,Speedometer, Auxiliary Hydraulics Tachometer,Fuel Gauge,Engine Variable Flow with dual direction detent Temperature Gauge,and Warning Lights Beverage Holders Joystick,Manually Controlled with Lift Arm Float Bob-Tach Lift Arm Support Boom Float Parking Brake,automatic Cargo Box Support Power Steering with Tilt Steering Wheel Cruise Control Radiator Screen Deluxe Operator Canopy includes: Rear Receiver Hitch Front Window,Rear Window, Seat Belts,Shoulder Harness Front Wipers,and Electrical Power Port Spark Arrestor Muffler Lower Engine Guard Suspension,4-wheel independent Limited Slip Transaxle Tires:27 x 10.5-15(8 ply),Lug Tread Engine and Hydraulic Monitor with Shutdown Toolcat Interlock Control System(TICS) Front Work Lights Two-Speed Transmission Full-time Four-Wheel Drive Machine Warranty: 12 Months,unlimited hours Horsepower Management Bobcat Engine Warranty:Additional 12 Months or total Roll Over Protective Structure(ROPS) .Meets Requirements of 2000 hours after initial 12 month warranty of SAE-J1040&ISO 3471 Falling Object Protective Structure(FOPS).Meets Requirements of SAE-J1043&ISO3449,Level I Dome Light Factory Installed Deluxe Road Package M1221-Pot-Col 1 $1,857.60 $1,857.60 Backup Alarm Side Mirrors Turn Signals Horn Flashers Lower Engine Guard Tail Lights Rear Work Lights Brake Lights Headlights Rear View Mirror Cab Enclosure with Heater&Air M1221-Roe-CO3 1 $3,891.20 $3,891.20 Conditioning High Flow Package M1221-Ro3-CO2 1 $1,388.80 $1,388.80 29 X 10.5 Trac Tire M1221-Ro5-Co4 1 $436.80 $436.80 Heavy Duty Battery M1221-Ro7-CO2 1 $77.60 $77.60 Attachment Control M1221-Ro8-CO2 1 $188.80 $188.80 Power Bob-Tach M1221-R12-0O2 1 $879.20 $879.20 Radio Option M1221-R15-0O2 1 $426.40 $426.40 Traction Control M1221-R16-CO2 1 $436.00 $436.00 Engine Block Heater M1221-Ao1-CO2 1 $130.00 $130.00 Dealer Installed Rear Window Guard 7150926 1 $922.42 $922.42 Attachments 68"Heavy Duty Bucket 7272679 1 $786.60 $786.60 --- Bolt-On Cutting Edge,68" 6718006 1 $225.00 $225.00 Total of Items Quoted $54,369.62 Dealer P.D.I. $0.00 Freight Charges $0.00 Dealer Assembly Charges $135.00 Trade-in 5600 s/n AGHG818591 ($50,004.62) Quote Total - US dollars $4,500.00 Notes: Pricing per MN State Contract#E-110(5) All prices subject to change without prior notice or obligation. This price quote supersedes all preceding price quotes. Customer Acceptance: Purchase order: Authorized Signature: Print: Sign: Date: B a Product Quotation t® Quotation Number:27757DO27986 � Date:2021-02-24 12:59:48 Ship to Bobcat Dealer Bill To City of Golden Valley Tri-State Bobcat Inc,Burnsville,MN City of Golden Valley 7800 Golden Valley Rd 1200 HWY 13 E 7800 Golden Valley Rd Golden Valley, MN 55427 BURNSVILLE MN 55337-2214 Golden Valley, MN 55427 Phone: (763) 593-3981 Phone: (952) 894-0894 Phone: (763) 593-3981 Fax: (763) 593-8024 Fax: (952) 894-5759 Fax: (763) 593-8024 --------------------------- Contact: Jon Quirk Phone: 952-894-0894 Fax: 952-894-5759 Cellular: 612-282-9805 E Mail:jonq@tristatebobcat.com Description Part No Qty Price Ea. Total Bobcat 5610 M1223 1 $68,905.00 $68,905.00 Adjustable Vinyl Seats Interior Trim All-Wheel Steer Joystick,Manually Controlled with Lift Arm Float Automatically Activated Glow Plugs Lift Arm Support Auxiliary Hydraulics Limited Slip Transaxle Variable Flow with dual direction detent Parking Brake,automatic Beverage Holders Power Steering with Tilt Steering Wheel Bob-Tach Radiator Screen Boom Float Radio: Cowl and Cowl Support AM/FM/Weatherbanb Cruise Control Aux Input&Head Phone Jacks Deluxe Equipment: Lower Engine Cover Cab Enclosure with Heater and Air Conditioning Rear Reciever Hitch Deluxe Operator Canopy(Front Window,Rear Window, Seat Belts,Shoulder Harness Front Wipers,and 2-Electrical Power Port) Spark Arrestor Muffler Deluxe Road Package(back-up alarm,turn signals,flashers, Storage Bins tail lights,brake lights,rear view mirror,side mirrors,horn, Suspension,4-wheel independent lower engine guard,rear work light,and headlights) Tires:27 x 10.5-15(8 ply),Lug Tread Engine and Hydraulic Monitor with Shutdown Toolcat Interlock Control System(TICS) Front Work Lights Two-Speed Transmission Full-time Four-Wheel Drive Traction Control Horsepower Management Machine Warranty: 12 Months,unlimited hours Instrumentation: Bobcat Engine Warranty:Additional 12 Months or total Hour meter,Job Hours,Speedometer, of 2000 hours after initial 12 month warranty Tachometer,Fuel Gauge,Engine Temperature Gauge,and Warning Lights Heavy Duty Battery High Flow Hydraulics and Attachment Control Kit Keyless Ignition System Power BobTach PTO Package(rear PTO-540 RPM,PTO Shield,PTO Tachometer) Three-Point Hitch Package(Three-Point,depth position gauge) Rear Remote Package(One set of poppet-style couplers,for use with implement hydraulics) Roll Over Protective Structure(ROPS)-Meets Requirements of SAE-J1040&ISO 3471 Falling Object Protective Structure(FOPS)-Meets Requirements of SAE-J1043&ISO3449,Level I Dome Light Factory Installed 29 X 12.5 Turf Tires M1223-Ro5-Co5 1 $786.00 $786.00 Engine Block Heater M1223-Ao1-CO2 1 $108.00 $108.00 Dealer Installed Strobe Light 6815259 1 $166.06 $166.06 REAR RH REMOTE HYD KIT 7257423 1 $195.00 $195.00 Attachments 68"Heavy Duty Bucket 7272679 1 $1,056.00 $1,056.00 --- Bolt-On Cutting Edge,68" 6718006 1 $225.00 $225.00 Total of Items Quoted $71,441.06 Dealer P.D.I. $150.00 Freight Charges $866.00 Dealer Assembly Charges $135.00 Trade-in 5610 s/n B2LH11860 ($46,761.56) Discount TRI STATE BOBCAT DISCOUNT ($10,665.25) Discount Factory Municipal Discount ($10,665.25) Quote Total - US dollars $4,500.00 Notes: All prices subject to change without prior notice or obligation. This price quote supersedes all preceding price quotes. Customer Acceptance: Purchase Order: Authorized Signature: Print: Sign: Date: B Product Quotation O C a t Quotation Number: 35705DO35723 � Date:2021-02-24 12:33:46 Ship to Bobcat Dealer Bill To CITY OF GOLDEN VALEY Farm-Rite Equipment, Inc, CITY OF GOLDEN VALEY 7800 GOLDEN VALLEY ROAD Dassel,MN 7800 GOLDEN VALLEY ROAD GOLDEN VALLEY, MN 55427 901 PARKER AVE GOLDEN VALLEY, MN 55427 Phone: (763) 593-3981 P.O. BOX 26 Phone: (763) 593-3981 Fax: (763) 593-8024 DASSEL MN 55325-0026 Fax: (763) 593-8024 Phone: (320)275-2737 Fax: (320)275-3232 --------------------------- Contact: Tim Krahn Phone: 701-212-0776 Fax: 617-292-9340 Cellular: 701-212-0776 E Mail: Tim.Krahn@Doosan.com Description Part No Qty Price Ea. Total Bobcat 5610 M1223 1 $68,905.00 $68,905.00 Adjustable Vinyl Seats Interior Trim All-Wheel Steer Joystick,Manually Controlled with Lift Arm Float Automatically Activated Glow Plugs Lift Arm Support Auxiliary Hydraulics Limited Slip Transaxle Variable Flow with dual direction detent Parking Brake,automatic Beverage Holders Power Steering with Tilt Steering Wheel Bob-Tach Radiator Screen Boom Float Radio: Cowl and Cowl Support AM/FM/Weatherbanb Cruise Control Aux Input&Head Phone Jacks Deluxe Equipment: Lower Engine Cover Cab Enclosure with Heater and Air Conditioning Rear Reciever Hitch Deluxe Operator Canopy(Front Window,Rear Window, Seat Belts,Shoulder Harness Front Wipers,and 2-Electrical Power Port) Spark Arrestor Muffler Deluxe Road Package(back-up alarm,turn signals,flashers, Storage Bins tail lights,brake lights,rear view mirror,side mirrors,horn, Suspension,4-wheel independent lower engine guard,rear work light,and headlights) Tires:27 x 10.5-15(8 ply),Lug Tread Engine and Hydraulic Monitor with Shutdown Toolcat Interlock Control System(TICS) Front Work Lights Two-Speed Transmission Full-time Four-Wheel Drive Traction Control Horsepower Management Machine Warranty: 12 Months,unlimited hours Instrumentation: Bobcat Engine Warranty: Additional 12 Months or total Hour meter,Job Hours,Speedometer, of 2000 hours after initial 12 month warranty Tachometer,Fuel Gauge,Engine Temperature Gauge,and Warning Lights Heavy Duty Battery High Flow Hydraulics and Attachment Control Kit Keyless Ignition System Power BobTach PTO Package(rear PTO-540 RPM,PTO Shield,PTO Tachometer) Three-Point Hitch Package(Three-Point,depth position gauge) Rear Remote Package(One set of poppet-style couplers,for use with implement hydraulics) Roll Over Protective Structure(ROPS)-Meets Requirements of SAE-J1040&ISO 3471 Falling Object Protective Structure(FOPS)-Meets Requirements of SAE-J1043&ISO3449,Level I Dome Light 29 X 12.5 Turf Tires M1223-Ro5-co5 1 $786.00 $786.00 Engine Block Heater 7328972 1 $80.61 $80.61 Strobe Light 6815259 1 $166.06 $166.06 REAR RH REMOTE HYD KIT 7257423 1 $194.12 $194.12 68" Heavy Duty Bucket 7272679 1 $1,056.00 $1,056.00 --- Bolt-On Cutting Edge,68" 6718006 1 $214.17 $214.17 Total of Items Quoted $71,401.96 Dealer P.D.I. $150.00 Freight Charges $866.00 Dealer Assembly Charges $294.25 Trade-in Toolcat 5610 Utility Work Machine ($45,750.00) Discount Municipal Toolcat Discount Bobcat Company ($10,710.29) Discount Municipal Discount Match FarmRite Equipment ($10,710.29) Quote Total -US dollars $5,541.63 Notes: All prices subject to change without prior notice or obligation. This price quote supersedes all preceding price quotes. Customer Acceptance: Purchase order: Authorized Signature: Print: Sign: Date: EXECUTIVE SUMMARY Public Works 763-593-8030 / 763-593-3988 (fax) Golden Valley City Council Meeting March 16, 2021 Agenda Item 3. D. 3. Approve Purchase of an Unmarked Police Vehicle Prepared By Jason Sturgis, Police Chief Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Supervisor Summary Unit 819, a 2012 Ford Explorer has reached its useful life cycle and is scheduled to be replaced. Staff evaluate vehicles and equipment on an annual basis to determine replacement programing. The current vehicle meets replacement criteria set forth in the City's vehicle replacement policy and Vehicle Condition Index (VCI). The VCI index 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 existing vehicle due for replacement scored 31 points. Staff propose purchasing a hybrid vehicle to reduce fuel consumption and carbon emissions. The new Police vehicle will be used for detective and administrative activities. Financial Or Budget Considerations The 2021 Vehicle and Equipment Capital Improvement Program (CIP) includes $40,000 for the purchase of an unmarked vehicle (V&E-162). Currently, there is a $1,500 factory cash rebate if purchased before March 31, 2021. Staff recommends purchasing the equipment from the state contract through the State of Minnesota's cooperative purchasing venture (CPV). The Minnesota Materials Management Division has awarded the following contracts through the CPV: Contract No. Item Vendor Total Cost A-175(5) 2021 Toyota Highlander Hybrid LE Burnsville Toyota $37,570 Recommended Action Motion to approve purchase of a 2021 Toyota Highlander Hybrid LE from Burnsville Toyota in the amount of$37,570. City Council Regular Meeting Executive Summary 2 City of Golden Valley March 16, 2021 Supporting Documents • Burnsville Toyota Quote (1 page) VEHICLE DESCRIPTION AND PRICE QUOTE as per MN STATE CONTRACT No. A-175(5) Date: 03/08/2021 2021MY TOYOTA HIGHLANDER HYBRID LE AWD (Model #6964) / MN State Vehicle ID# UV73 MECHANICAL& PERFORMANCE 2.5L 4Cylinder Engine, ECVT 3,500-lb Tow Capacity, 243 Horsepower 18-in Alloy Wheels w/Temporary Spare Drive Mode Select Electronic On-Demand All-Wheel Drive SAFETY& CONVENIENCE Toyota Safety Sense 2.5+: Pre-Collision Sys w/Pedestrian Detection, Full-Speed Range Dynamic Radar Cruise Control, Lane Departure Alert w/Steering Assist, Lane Tracing Assist, Automatic High Beams, Road Sign Assist Star Safety System Blind Spot Monitor w/Rear-Cross Traffic Alert LATCH-Lower Anchor &Tether for CHildren 3-Door Smart Key System w/ Push Button Start Safety & Remote Connect w/1-Year Trial EXTERIOR LED Headlights, Taillights, Fog Lights Heated Power Outside Mirrors Power Liftgate INTERIOR Audio Plus - 8-in Touchscreen, HandsFree Bluetooth Phone/Music, USB Media Port, 4 USB Charge Ports, SiriusXM w/ 3-Month All Access Trial, Android Auto & Apple CarPlay Compatible Seating for 8; Fabric-Trimmed Seats Power Driver's Seat 3rd Row 60/40 Split Fold-Flat Seats 3-Zone Auto Climate Control 12 Cup/Bottle Holders Lighted Vanity Mirrors For Full Product Details, Please Visit Toyota.com/High Ian derhybrid Current Contract Vehicle Base Price: $38,856.00 Add MN State Transit Improvement Excise Tax: $20.00 Additional Option: (2T) All-Weather Floor/Cargo Liner $194.00 Your Total Vehicle Delivered Price: $39,070.00 Deduct *Current Factory Cash Rebate <$1,500.00> (*Subject to change after 3/31/2021) Your Final Delivered Price: $37,570.00 (including Current Factory Cash Rebate) Order Lead Time Availability: 3-120 days Manufacturer Order Cutoff Date: TBD Contact: Bob McCoy Fleet Manager Burnsville Toyota 14730 Buck Hill Road Burnsville, MN 55306 Desk Direct: (952) 892-9127 Email: bmccov@burnsvilletoyota.com SUMMARY Parks and Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 16, 2021 Agenda Item 3. D. 4. Golden Valley Youth Athletic Association Field Use Agreements Prepared By Rick Birno, Parks & Recreation Director Summary Parks & Recreation staff is recommending the approval of the field use agreements for the community youth athletic associations who provide athletic opportunities for youth throughout Golden Valley. Agreements for the summer and fall seasons include the Armstrong—Cooper Girls Fast Pitch Association, the Armstrong-Cooper Youth Baseball Association, Golden Valley Girls Softball Association, Golden Valley Little League Baseball Association and the Park Valley United Youth Soccer Association. The agreements have been reviewed by the City Attorney. Financial Or Budget Considerations All youth associations help support maintenance of the athletic facilities in the park system through an annual park maintenance fee. Each association is invoiced a fee approved by the City Council based on participation. Recommended Action Motion to approve field use agreements for community youth athletic associations. Supporting Documents • Armstrong—Cooper Girls Fast Pitch Association Field Use Agreement • Armstrong—Cooper Youth Baseball Association Field Use Agreement • Golden Valley Girls Softball Association Field Use Agreement • Golden Valley Little League Baseball Association Field Use Agreement • Park Valley United Youth Soccer Association Field Use Agreement • Amendment A for all agreements FIELD USE AGREEMENT This field use agreement is entered into this 1" day of April, 2021, between the City of Golden Valley ("City'), a Minnesota municipal corporation and Armstrong-Cooper Heat Fastpitch Softball, (the "Association") a community youth athletic association. WHEREAS, City is the owner of real property and the improvements made thereon located at Medley Park, in the City of Golden Valley, Hennepin County, State of Minnesota,commonly known as the facilities (the "Facilities"). WHEREAS,the Association desires to use a softball field for its activities and City desires to provide the Association field time at the Facilities. Facility availability may vary from season to season. THEREFORE, in consideration the keeping and performance of the conditions and promises set forth in this Agreement, the adequacy of which are hereby acknowledged,the parties agree as follows: 1. Schedule of Field Time and Hours:The City agrees to provide field time to the Association for the times and dates shown on the attached Field Use Schedule (Exhibit A) and in accordance with the terms of this Agreement. Such schedule may be amended from time to time upon the written agreement of both parties' representatives, or as deemed necessary at the discretion of the Parks and Recreation Director. During the term of this agreement, the parties will work together to negotiate a new Field Use Schedule annually, which may be approved by the Parks and Recreation Director and kept on file with the Parks and Recreation Facilities Supervisor or other designee of the Parks and Recreation Director. 2. Term:The term of this agreement will commence each year on April 1st and will continue until August 31st, for a period of 5 years beginning in 2021. 3. Field Maintenance & Portable Toilet Fees: The Association agrees to pay the City an annual field maintenance fee.The field maintenance fee is determined annually and approved in the fee schedule by the City Council. The Association agrees to pay the City for any portable toilet rentals required for association activities.The portable toilet fees will be based on market rate. 4. Billing and Payments: a. The City will invoice the Association for field maintenance fees and any portable toilet rental fees annually in October. b. Upon proper billing by City, the Association will promptly pay the City the amount billed. 5. Use of Facilities: a. The Association agrees to use and occupy the Facilities solely for the purpose of conducting seasonal youth baseball activities in accordance with the terms of this Agreement. b. The Association agrees not to use, nor permit any portion of the Facilities to be used, for any illegal purpose or for any purpose that would cause an increase in or cancellation of the existing rate of insurance on the Facilities. c. The Association agrees to use the Facilities according to the Rules and Regulations of the City of Golden Valley,which will be updated and provided to the Association from time to time. d. Equity of Access: The City of Golden Valley recognizes that its parks and green spaces have not always been open for all. The legacies of slavery, racial violence, redlining, racially restrictive covenants, and other forms of systemic racism have barred people of color, specifically Black Americans, from accessing public space. More specifically, through its Just Deeds program, the City has documented that racially restrictive covenants were systematically used to prohibit BIPOC and Jewish people from living in the City and accessing its public spaces. The housing patterns created by this practice persist today, as evidenced by the fact that Golden Valley is less racially diverse than its bordering cities and the metro region as a whole. The Twin Cities region faces some of the biggest, racial disparities in the country. For example, BIPOC communities, including immigrant and areas of concentrated poverty, experience poorer general health and shorter life spans than some white communities. Research shows that the number one prescription for healing race-based health disparities is to provide access to parks and open space. Therefore, as part of its ongoing work to address racial disparities, dismantle the legacy of racially restrictive covenants, and provide equitable access to the City of Golden Valley's parks to all, the Association and the City shall work together to develop annual equity and inclusion commitments beginning in 2022. 6. Insurance: The Association, at its expense,shall procure and maintain in force for the duration of this Agreement commercial general liability insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, personal injury, advertising injury, and contractually assumed liability. The City and District#281 shall be named as an additional insured. Within ten days of the effective date of this Agreement and thereafter upon the City's request, and at least annually, the Association shall provide a certificate of insurance as proof that the above coverages are in full force and effect. These insurance requirements may be met through any combination of primary and umbrella/excess insurance. The Association's policies shall be primary and non-contributory to any other valid and collectible insurance available to the City with respect to any claim arising out of the Association's performance under this Agreement. The Association's policies and certificate of insurance shall state the coverage afforded under the policies shall not be cancelled without at least 30 days' advanced written notice to the City. Without prejudice to any other right or remedy, if the Association fails to obtain the required insurance, the City may elect to obtain equivalent insurance to protect Owner's interests at the Association's expense and the consideration shall be adjusted accordingly. 7. Services: In exchange for the mutual promises set forth in this Agreement,the City agrees to provide usable athletic fields. 8. Covenant to Hold Harmless: a. The Association acknowledges that the City has not asserted or accepted any responsibility for volunteer background checks,training,supervision,security or control of the Association's property or activities conducted on the Facilities or any part connected or contiguous thereto. The Association is solely responsible to provide security for its equipment kept in the Facilities and shall be solely responsible to provide supervision of its participants, volunteers, staff, agents, and spectators,when on City owned property. b. The Association's participants,volunteers,staff, and agents assume all risks of personal injury arising from its usage of the Facilities or any part connected or contiguous thereto which result from an act or failure to act on the part of the Association or others over whom it has supervisory responsibility. c. The Association assumes responsibility for damages to the Facilities or any part connected or contiguous thereto arising out of negligence or fault of the Association under its performance of this Agreement. The City will notify the Association of any damages and allow a reasonable opportunity for review of the damage before repairs are made. The City is responsible for the repair or replacement of Facilities property and will invoice the Association for the damages. The Association's obligation will be to reimburse to the City for any out-of-pocket cost of labor replacement of like-kind and quality of equipment and materials. d. The Association agrees to indemnify and hold harmless the City from and against all claims, costs, expenses (including attorney fees) and liabilities of whatever nature arising from: i. Any negligent or wrongful act or omission of the Association, its staff, athletes, licensees, agents, employees,or others over whom it has supervisory responsibility:or; ii. Any accident, injury, death or damage, to any person or property occurring in the Facilities or any part connected or contiguous thereto and caused by the negligence or other wrongful conduct of the Association, its staff, athletes, licensees, agents, employees, or others over whom it has supervisory responsibility, excluding claims arising from the City's performance under this Agreement. e. The City agrees to indemnify and hold harmless the Association from and against all claims, costs,expenses(including attorney fees)and liabilities of whatever nature arising from (i.)any negligent or wrongful act or omission of the City, its licensees, agents, or employees: or (ii.) any accident, injury, death, or damage to any person or property occurring in the Facilities or any part connected or contiguous thereto and caused by the negligence or other wrongful conduct of the City,its licensees,agents,or employees,excluding claims arising from CPYHA's performance under this Agreement. 9. Cancellations: The City shall not be held responsible for the cancellation of field time for reasons beyond the reasonable control of the City, its agents or employees, such as but not limited to equipment failure, loss of power, pandemic, civil unrest, severe weather, or other acts of God. In the event of such an occurrence, the City will attempt to reschedule the Association's field times or the Association may cancel and receive a return of any fees paid but not yet used. 10. Termination: Either party may terminate this agreement at any time. 11. Assignment: The Association shall not assign or otherwise transfer its interest in its scheduled field time to any other person or organization. 12. Signage: The Association may post league information signage, branding, and sponsorship banners all of which shall conform to and be consistent with the sign policy of the City of Golden Valley. 13. COVID-19: In accordance with all applicable City, state, and federal laws, ordinances, rules and regulations related to the ongoing COVID-19 pandemic, the Association agrees to the following: a. The Association shall prepare a COVID-19 plan, which plan shall meet all requirements of the City and State of Minnesota related to COVID-19, including, but not limited to, Governor's Executive Orders and State Agency Guidance. b. The Association shall submit (i) a copy of its COVID-19 preparedness plan to the City for review;and (ii)a certification that the Association has adopted a COVID-19 preparedness plan that meets the requirements of the United States government and the State of Minnesota. c. The Association shall implement and enforce its COVID-19 plan while using the Facilities in accordance this Agreement. The Association shall be solely responsible for all safety precautions at the Facilities during the time it is conducting its activities and shall at all times abide by all applicable state, federal and City rules, laws and ordinances, as well as the requirements of its COVID-19 preparedness plan. d. The Association shall monitor and update its COVID-19 Preparedness Plan should the requirements of the City or State of Minnesota be altered, updated, or otherwise changed. The City reserves the right to immediately terminate this Agreement without notice if the Association does not abide by the requirements of this Paragraph 14. 14. No Discrimination: The Association agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. The Association agrees to comply with the Americans with Disabilities Act as amended ("ADA"), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. The Association agrees to hold harmless and indemnify the City from costs, including but not limited to damages,attorneys'fees and staff time, in any action or proceeding brought alleging a violation of these laws by the Association or its guests,invitees, members,officers,officials,agents,employees,volunteers, representatives and subcontractors. Upon request,the Association shall provide accommodation to allow individuals with disabilities to participate in all activities under this Agreement. The Association agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 15. Miscellaneous: a. It is agreed that no assent, express or implied, to any breach of anyone or more of the covenants or agreements herein contained will be deemed or taken to be a waiver of any succeeding or other breach. b. Severance: If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be void or unenforceable,the remainder of the provisions of this Agreement will remain in full force and will in no way be affected, impaired or invalidated. c. No Oral Agreements: This Agreement includes in full each agreement of every kind between the parties concerning the Facilities, and all preliminary negotiations and agreements of any kind or nature are merged in this Agreement. There are no oral agreements or implied covenants in connection with this Agreement. Any modifications to the Agreement shall be made in writing and may be made by email. d. Governing Law: This Agreement is governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto agree the day and year first above written. CITY OF GOLDEN VALLEY ASSOCIATION By: By: Shepard M. Harris, Mayor Name: By: Timothy J. Cruikshank, City Manager Title: Exhibit A: Field Use Schedule FIELD USE AGREEMENT This field use agreement is entered into this I" day of April, 2021, between the City of Golden Valley ("City'), a Minnesota municipal corporation and Armstrong-Cooper Youth Baseball Association, (the "Association") a community youth athletic association. WHEREAS, City has an agreement to manage, improve and schedule the ballfields and batting cages located at Sandburg School (property owned by Independent School District #281) in the City of Golden Valley, Hennepin County, State of Minnesota, commonly known as the facilities (the "Facilities"). WHEREAS, the Association desires to use of the two full size baseball fields for its activities and City desires to provide the Association field time at the Facilities. Facility availability may vary from season to season. THEREFORE, in consideration the keeping and performance of the conditions and promises set forth in this Agreement, the adequacy of which are hereby acknowledged,the parties agree as follows: 1. Schedule of Field Time and Hours: The City agrees to provide field time to the Association for the times and dates shown on the attached Field Use Schedule (Exhibit A) and in accordance with the terms of this Agreement. Such schedule may be amended from time to time upon the written agreement of both parties' representatives, or as deemed necessary at the discretion of the Parks and Recreation Director. During the term of this agreement, the parties will work together to negotiate a new Field Use Schedule annually,which may be approved by the Parks and Recreation Director and kept on file with the Parks and Recreation Facilities Supervisor or other designee of the Parks and Recreation Director. 2. Term:The term of this agreement will commence each year on April 1st and will continue until October 31st, for a period of 5 years beginning in 2021. 3. Field Maintenance & Portable Toilet Fees: The Association agrees to pay the City an annual field maintenance fee.The field maintenance fee is determined annually and approved in the fee schedule by the City Council. The Association agrees to pay the City for any portable toilet rentals required for association activities.The portable toilet fees will be based on market rate. 4. Billing and Payments: a. The City will invoice the Association for field maintenance fees and for any portable toilet rental fees annually in October. b. Upon proper billing by City, the Association will promptly pay the City the amount billed. 5. Use of Facilities: a. The Association agrees to use and occupy the Facilities solely for the purpose of conducting seasonal youth baseball activities in accordance with the terms of this Agreement. b. The Association agrees not to use, nor permit any portion of the Facilities to be used, for any illegal purpose or for any purpose that would cause an increase in or cancellation of the existing rate of insurance on the Facilities. c. The Association agrees to use the Facilities according to the Rules and Regulations of the City of Golden Valley,which will be updated and provided to the Association from time to time. d. Equity of Access: The City of Golden Valley recognizes that its parks and green spaces have not always been open for all. The legacies of slavery, racial violence, redlining, racially restrictive covenants, and other forms of systemic racism have barred people of color, specifically Black Americans, from accessing public space. More specifically, through its Just Deeds program, the City has documented that racially restrictive covenants were systematically used to prohibit BIPOC and Jewish people from living in the City and accessing its public spaces. The housing patterns created by this practice persist today, as evidenced by the fact that Golden Valley is less racially diverse than its bordering cities and the metro region as a whole. The Twin Cities region faces some of the biggest, racial disparities in the country. For example, BIPOC communities, including immigrant and areas of concentrated poverty, experience poorer general health and shorter life spans than some white communities. Research shows that the number one prescription for healing race-based health disparities is to provide access to parks and open space. Therefore, as part of its ongoing work to address racial disparities, dismantle the legacy of racially restrictive covenants, and provide equitable access to the City of Golden Valley's parks to all, the Association and the City shall work together to develop annual equity and inclusion commitments beginning in 2022. 6. Insurance: The Association, at its expense,shall procure and maintain in force for the duration of this Agreement commercial general liability insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, personal injury, advertising injury, and contractually assumed liability. The City and District#281 shall be named as an additional insured. Within ten days of the effective date of this Agreement and thereafter upon the City's request, and at least annually, the Association shall provide a certificate of insurance as proof that the above coverages are in full force and effect. These insurance requirements may be met through any combination of primary and umbrella/excess insurance. The Association's policies shall be primary and non-contributory to any other valid and collectible insurance available to the City with respect to any claim arising out of the Association's performance under this Agreement. The Association's policies and certificate of insurance shall state the coverage afforded under the policies shall not be cancelled without at least 30 days' advanced written notice to the City. Without prejudice to any other right or remedy, if the Association fails to obtain the required insurance, the City may elect to obtain equivalent insurance to protect Owner's interests at the Association's expense and the consideration shall be adjusted accordingly. 7. Services: In exchange for the mutual promises set forth in this Agreement,the City agrees to provide usable athletic fields. 8. Covenant to Hold Harmless: a. The Association acknowledges that the City has not asserted or accepted any responsibility for volunteer background checks,training,supervision,security or control of the Association's property or activities conducted on the Facilities or any part connected or contiguous thereto. The Association is solely responsible to provide security for its equipment kept in the Facilities and shall be solely responsible to provide supervision of its participants, volunteers, staff, agents, and spectators, when on City owned property. b. The Association's participants,volunteers,staff, and agents assume all risks of personal injury arising from its usage of the Facilities or any part connected or contiguous thereto which result from an act or failure to act on the part of the Association or others over whom it has supervisory responsibility. c. The Association assumes responsibility for damages to the Facilities or any part connected or contiguous thereto arising out of negligence or fault of the Association under its performance of this Agreement. The City will notify the Association of any damages and allow a reasonable opportunity for review of the damage before repairs are made. The City is responsible for the repair or replacement of Facilities property and will invoice the Association for the damages. The Association's obligation will be to reimburse to the City for any out-of-pocket cost of labor replacement of like-kind and quality of equipment and materials. d. The Association agrees to indemnify and hold harmless the City from and against all claims, costs, expenses (including attorney fees) and liabilities of whatever nature arising from: i. Any negligent or wrongful act or omission of the Association, its staff, athletes, licensees, agents, employees,or others over whom it has supervisory responsibility:or; ii. Any accident, injury, death or damage, to any person or property occurring in the Facilities or any part connected or contiguous thereto and caused by the negligence or other wrongful conduct of the Association, its staff, athletes, licensees, agents, employees, or others over whom it has supervisory responsibility, excluding claims arising from the City's performance under this Agreement. e. The City agrees to indemnify and hold harmless the Association from and against all claims, costs,expenses(including attorney fees)and liabilities of whatever nature arising from (i.)any negligent or wrongful act or omission of the City, its licensees, agents, or employees: or (ii.) any accident, injury, death, or damage to any person or property occurring in the Facilities or any part connected or contiguous thereto and caused by the negligence or other wrongful conduct of the City,its licensees,agents,or employees,excluding claims arising from CPYHA's performance under this Agreement. 9. Cancellations: The City shall not be held responsible for the cancellation of field time for reasons beyond the reasonable control of the City, its agents or employees, such as but not limited to equipment failure, loss of power, pandemic, civil unrest, severe weather, or other acts of God. In the event of such an occurrence, the City will attempt to reschedule the Association's field times or the Association may cancel and receive a return of any fees paid but not yet used. 10. Termination: Either party may terminate this agreement at anytime. 11. Assignment: The Association shall not assign or otherwise transfer its interest in its scheduled field time to any other person or organization. 12. Signage: The Association may post league information signage, branding, and sponsorship banners all of which shall conform to and be consistent with the sign policy of the City of Golden Valley. 13. COVID-19: In accordance with all applicable City, state, and federal laws, ordinances, rules and regulations related to the ongoing COVID-19 pandemic, the Association agrees to the following: a. The Association shall prepare a COVID-19 plan, which plan shall meet all requirements of the City and State of Minnesota related to COVID-19, including, but not limited to, Governor's Executive Orders and State Agency Guidance. b. The Association shall submit (i) a copy of its COVID-19 preparedness plan to the City for review;and (ii)a certification that the Association has adopted a COVID-19 preparedness plan that meets the requirements of the United States government and the State of Minnesota. c. The Association shall implement and enforce its COVID-19 plan while using the Facilities in accordance this Agreement. The Association shall be solely responsible for all safety precautions at the Facilities during the time it is conducting its activities and shall at all times abide by all applicable state, federal and City rules, laws and ordinances, as well as the requirements of its COVID-19 preparedness plan. d. The Association shall monitor and update its COVID-19 Preparedness Plan should the requirements of the City or State of Minnesota be altered, updated, or otherwise changed. The City reserves the right to immediately terminate this Agreement without notice if the Association does not abide by the requirements of this Paragraph 14. 14. No Discrimination: The Association agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. The Association agrees to comply with the Americans with Disabilities Act as amended ("ADA"), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. The Association agrees to hold harmless and indemnify the City from costs, including but not limited to damages,attorneys'fees and staff time, in any action or proceeding brought alleging a violation of these laws by the Association or its guests, invitees, members,officers,officials,agents,employees,volunteers, representatives and subcontractors. Upon request,the Association shall provide accommodation to allow individuals with disabilities to participate in all activities under this Agreement. The Association agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 15. Miscellaneous: a. It is agreed that no assent, express or implied, to any breach of anyone or more of the covenants or agreements herein contained will be deemed or taken to be a waiver of any succeeding or other breach. b. Severance: If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be void or unenforceable,the remainder of the provisions of this Agreement will remain in full force and will in no way be affected, impaired or invalidated. c. No Oral Agreements: This Agreement includes in full each agreement of every kind between the parties concerning the Facilities, and all preliminary negotiations and agreements of any kind or nature are merged in this Agreement. There are no oral agreements or implied covenants in connection with this Agreement. Any modifications to the Agreement shall be made in writing and may be made by email. d. Governing Law: This Agreement is governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto agree the day and year first above written. CITY OF GOLDEN VALLEY ASSOCIATION By: By: Shepard M. Harris, Mayor Name: By: Timothy J. Cruikshank, City Manager Title: Exhibit A: Field Use Schedule FIELD USE AGREEMENT This field use agreement is entered into this 1" day of April, 2021, between the City of Golden Valley ("City'), a Minnesota municipal corporation and Golden Valley Girls Slow Pitch, (the "Association") a community youth athletic association. WHEREAS, City is the owner of real property and the improvements made thereon located at Lions Park, Schaper Park, Medley Park, Hampshire Park, Natchez Park, Gearty Park, Yosemite Park, North Tyrol Park, South Tyrol Park and Wesley Park in the City of Golden Valley, Hennepin County, State of Minnesota, commonly known as the facilities (the "Facilities"). WHEREAS, the Association desires to use City fields for its activities and City desires to provide the Association field time at the Facilities. Facility availability may vary from season to season. THEREFORE, in consideration the keeping and performance of the conditions and promises set forth in this Agreement, the adequacy of which are hereby acknowledged,the parties agree as follows: 1. Schedule of Field Time and Hours:The City agrees to provide field time to the Association for the times and dates shown on the attached Field Use Schedule (Exhibit A) and in accordance with the terms of this Agreement. Such schedule may be amended from time to time upon the written agreement of both parties' representatives, or as deemed necessary at the discretion of the Parks and Recreation Director. Each year during the term of this agreement,the parties will work together to negotiate a new Field Use Schedule annually, which may be approved by the Parks and Recreation Director and kept on file with the Parks and Recreation Facilities Supervisor or other designee of the Parks and Recreation Director. 2. Term:The term of this agreement will commence each year on April 1st and will continue until August 31st, for a period of 5 years beginning in 2021. 3. Field Maintenance & Portable Toilet Fees: The Association agrees to pay the City an annual field maintenance fee.The field maintenance fee is determined annually and approved in the fee schedule by the City Council. The Association agrees to pay the City for any portable toilet rentals required for association activities.The portable toilet fees will be based on market rate. 4. Billing and Payments: a. The City will invoice the Association for field maintenance fees and any portable toilet rental fees annually in October. b. Upon proper billing by City,the Association will promptly pay the City the amount billed. 5. Use of Facilities: a. The Association agrees to use and occupy the Facilities solely for the purpose of conducting seasonal Youth Softball activities in accordance with the terms of this Agreement. b. The Association agrees not to use, nor permit any portion of the Facilities to be used, for any illegal purpose or for any purpose that would cause an increase in or cancellation of the existing rate of insurance on the Facilities. c. The Association agrees to use the Facilities according to the Rules and Regulations of the City of Golden Valley,which will be updated and provided to the Association from time to time. d. Equity of Access: The City of Golden Valley recognizes that its parks and green spaces have not always been open for all. The legacies of slavery, racial violence, redlining, racially restrictive covenants, and other forms of systemic racism have barred people of color, specifically Black Americans, from accessing public space. More specifically, through its Just Deeds program, the City has documented that racially restrictive covenants were systematically used to prohibit BIPOC and Jewish people from living in the City and accessing its public spaces. The housing patterns created by this practice persist today, as evidenced by the fact that Golden Valley is less racially diverse than its bordering cities and the metro region as a whole. The Twin Cities region faces some of the biggest, racial disparities in the country. For example, BIPOC communities, including immigrant and areas of concentrated poverty, experience poorer general health and shorter life spans than some white communities. Research shows that the number one prescription for healing race-based health disparities is to provide access to parks and open space. Therefore, as part of its ongoing work to address racial disparities, dismantle the legacy of racially restrictive covenants, and provide equitable access to the City of Golden Valley's parks to all, the Association and the City shall work together to develop annual equity and inclusion commitments beginning in 2022. 6. Insurance: The Association, at its expense,shall procure and maintain in force for the duration of this Agreement commercial general liability insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, personal injury, advertising injury, and contractually assumed liability. The City shall be named as an additional insured. Within ten days of the effective date of this Agreement and thereafter upon the City's request, and at least annually, the Association shall provide a certificate of insurance as proof that the above coverages are in full force and effect. These insurance requirements may be met through any combination of primary and umbrella/excess insurance. The Association's policies shall be primary and non-contributory to any other valid and collectible insurance available to the City with respect to any claim arising out of the Association's performance under this Agreement. The Association's policies and certificate of insurance shall state the coverage afforded under the policies shall not be cancelled without at least 30 days' advanced written notice to the City. Without prejudice to any other right or remedy, if the Association fails to obtain the required insurance, the City may elect to obtain equivalent insurance to protect Owner's interests at the Association's expense and the consideration shall be adjusted accordingly. 7. Services: In exchange for the mutual promises set forth in this Agreement,the City agrees to provide usable athletic fields. 8. Covenant to Hold Harmless: a. The Association acknowledges that the City has not asserted or accepted any responsibility for volunteer background checks,training,supervision,security or control of the Association's property or activities conducted on the Facilities or any part connected or contiguous thereto. The Association is solely responsible to provide security for its equipment kept in the Facilities and shall be solely responsible to provide supervision of its participants, volunteers, staff, agents, and spectators, when on City owned property. b. The Association's participants,volunteers,staff, and agents assume all risks of personal injury arising from its usage of the Facilities or any part connected or contiguous thereto which result from an act or failure to act on the part of the Association or others over whom it has supervisory responsibility. c. The Association assumes responsibility for damages to the Facilities or any part connected or contiguous thereto arising out of negligence or fault of the Association under its performance of this Agreement. The City will notify the Association of any damages and allow a reasonable opportunity for review of the damage before repairs are made. The City is responsible for the repair or replacement of Facilities property and will invoice the Association for the damages. The Association's obligation will be to reimburse to the City for any out-of-pocket cost of labor replacement of like-kind and quality of equipment and materials. d. The Association agrees to indemnify and hold harmless the City from and against all claims, costs, expenses (including attorney fees) and liabilities of whatever nature arising from: i. Any negligent or wrongful act or omission of the Association, its staff, athletes, licensees, agents, employees, or others over whom it has supervisory responsibility:or; ii. Any accident, injury, death or damage, to any person or property occurring in the Facilities or any part connected or contiguous thereto and caused by the negligence or other wrongful conduct of the Association, its staff, athletes, licensees, agents, employees, or others over whom it has supervisory responsibility, excluding claims arising from the City's performance under this Agreement. e. The City agrees to indemnify and hold harmless the Association from and against all claims, costs,expenses(including attorney fees)and liabilities of whatever nature arising from (i.)any negligent or wrongful act or omission of the City, its licensees, agents, or employees: or (ii.) any accident, injury, death, or damage to any person or property occurring in the Facilities or any part connected or contiguous thereto and caused by the negligence or other wrongful conduct of the City,its licensees,agents,or employees,excluding claims arising from CPYHA's performance under this Agreement. 9. Cancellations: The City shall not be held responsible for the cancellation of field time for reasons beyond the reasonable control of the City, its agents or employees, such as but not limited to equipment failure, loss of power, pandemic, civil unrest, severe weather, or other acts of God. In the event of such an occurrence, the City will attempt to reschedule the Association's field times or the Association may cancel and receive a return of any fees paid but not yet used. 10. Termination: Either party may terminate this agreement at any time. 11. Assignment: The Association shall not assign or otherwise transfer its interest in its scheduled field time to any other person or organization. 12. Signage: The Association may post league information signage, branding, and sponsorship banners all of which shall conform to and be consistent with the sign policy of the City of Golden Valley. 13. COVID-19: In accordance with all applicable City, state, and federal laws, ordinances, rules and regulations related to the ongoing COVID-19 pandemic, the Association agrees to the following: a. The Association shall prepare a COVID-19 plan, which plan shall meet all requirements of the City and State of Minnesota related to COVID-19, including, but not limited to, Governor's Executive Orders and State Agency Guidance. b. The Association shall submit (i) a copy of its COVID-19 preparedness plan to the City for review;and (ii)a certification that the Association has adopted a COVID-19 preparedness plan that meets the requirements of the United States government and the State of Minnesota. c. The Association shall implement and enforce its COVID-19 plan while using the Facilities in accordance this Agreement. The Association shall be solely responsible for all safety precautions at the Facilities during the time it is conducting its activities and shall at all times abide by all applicable state, federal and City rules, laws and ordinances, as well as the requirements of its COVID-19 preparedness plan. d. The Association shall monitor and update its COVID-19 Preparedness Plan should the requirements of the City or State of Minnesota be altered, updated, or otherwise changed. The City reserves the right to immediately terminate this Agreement without notice if the Association does not abide by the requirements of this Paragraph 14. 14. No Discrimination: The Association agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. The Association agrees to comply with the Americans with Disabilities Act as amended ("ADA"), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. The Association agrees to hold harmless and indemnifythe Cityfrom costs, including but not limited to damages,attorneys'fees and staff time, in any action or proceeding brought alleging a violation of these laws by the Association or its guests, invitees, members,officers,officials,agents,employees,volunteers, representatives and subcontractors. Upon request,the Association shall provide accommodation to allow individuals with disabilities to participate in all activities under this Agreement. The Association agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 15. Miscellaneous: a. It is agreed that no assent, express or implied, to any breach of anyone or more of the covenants or agreements herein contained will be deemed or taken to be a waiver of any succeeding or other breach. b. Severance: If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be void or unenforceable,the remainder of the provisions of this Agreement will remain in full force and will in no way be affected, impaired or invalidated. c. No Oral Agreements: This Agreement includes in full each agreement of every kind between the parties concerning the Facilities, and all preliminary negotiations and agreements of any kind or nature are merged in this Agreement. There are no oral agreements or implied covenants in connection with this Agreement. Any modifications to the Agreement shall be made in writing and may be made by email. d. Governing Law: This Agreement is governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto agree the day and year first above written. CITY OF GOLDEN VALLEY ASSOCIATION By: By: Shepard M. Harris, Mayor Name: By: Timothy J. Cruikshank, City Manager Title: Exhibit A: Field Use Schedule FIELD USE AGREEMENT This field use agreement is entered into this I" day of April, 2021, between the City of Golden Valley ("City'), a Minnesota municipal corporation and Golden Valley Little League, (the "Association") a community youth athletic association. WHEREAS, City is the owner of real property and the improvements made thereon located at Isaacson Park, Scheid Park, Seeman Park, Hampshire Park, Medley Park, South Tyrol Park, North Tyrol Park, Yosemite Park, Schaper Park, Stockman Park, Gearty Park and Natchez Park in the City of Golden Valley, Hennepin County, State of Minnesota, commonly known as the facilities (the "Facilities"). WHEREAS, the Association desires to use City fields for its activities and City desires to provide the Association field time at the Facilities. Facility availability may vary from season to season. THEREFORE, in consideration the keeping and performance of the conditions and promises set forth in this Agreement, the adequacy of which are hereby acknowledged,the parties agree as follows: 1. Schedule of Field Time and Hours:The City agrees to provide field time to the Association for the times and dates shown on the attached Field Use Schedule (Exhibit A) and in accordance with the terms of this Agreement. Such schedule may be amended from time to time upon the written agreement of both parties' representatives, or as deemed necessary at the discretion of the Parks and Recreation Director. During the term of this agreement, the parties will work together to negotiate a new Field Use Schedule annually, which may be approved by the Parks and Recreation Director and kept on file with the Parks and Recreation Facilities Supervisor or other designee of the Parks and Recreation Director. 2. Term:The term of this agreement will commence each year on April 1st and will continue until October 31st, for a period of 5 years beginning in 2021. 3. Field Maintenance & Portable Toilet Fees: The Association agrees to pay the City an annual field maintenance fee.The field maintenance fee is determined annually and approved in the fee schedule by the City Council. The Association agrees to pay the City for any portable toilet rentals required for association activities.The portable toilet fees will be based on market rate. 4. Billing and Payments: a. The City will invoice the Association for field maintenance fees and any portable toilet rental fees annually in October. b. Upon proper billing by City,the Association will promptly pay the City the amount billed. 5. Use of Facilities: a. The Association agrees to use and occupy the Facilities solely for the purpose of conducting seasonal youth baseball activities in accordance with the terms of this Agreement. b. The Association agrees not to use, nor permit any portion of the Facilities to be used, for any illegal purpose or for any purpose that would cause an increase in or cancellation of the existing rate of insurance on the Facilities. c. The Association agrees to use the Facilities according to the Rules and Regulations of the City of Golden Valley,which will be updated and provided to the Association from time to time. d. Equity of Access: The City of Golden Valley recognizes that its parks and green spaces have not always been open for all. The legacies of slavery, racial violence, redlining, racially restrictive covenants, and other forms of systemic racism have barred people of color, specifically Black Americans, from accessing public space. More specifically, through its Just Deeds program, the City has documented that racially restrictive covenants were systematically used to prohibit BIPOC and Jewish people from living in the City and accessing its public spaces. The housing patterns created by this practice persist today, as evidenced by the fact that Golden Valley is less racially diverse than its bordering cities and the metro region as a whole. The Twin Cities region faces some of the biggest, racial disparities in the country. For example, BIPOC communities, including immigrant and areas of concentrated poverty, experience poorer general health and shorter life spans than some white communities. Research shows that the number one prescription for healing race-based health disparities is to provide access to parks and open space. Therefore, as part of its ongoing work to address racial disparities, dismantle the legacy of racially restrictive covenants, and provide equitable access to the City of Golden Valley's parks to all, the Association and the City shall work together to develop annual equity and inclusion commitments beginning in 2022. 6. Insurance: The Association, at its expense,shall procure and maintain in force for the duration of this Agreement commercial general liability insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, personal injury, advertising injury, and contractually assumed liability. The City shall be named as an additional insured. Within ten days of the effective date of this Agreement and thereafter upon the City's request, and at least annually, the Association shall provide a certificate of insurance as proof that the above coverages are in full force and effect. These insurance requirements may be met through any combination of primary and umbrella/excess insurance. The Association's policies shall be primary and non-contributory to any other valid and collectible insurance available to the City with respect to any claim arising out of the Association's performance under this Agreement. The Association's policies and certificate of insurance shall state the coverage afforded under the policies shall not be cancelled without at least 30 days' advanced written notice to the City. Without prejudice to any other right or remedy, if the Association fails to obtain the required insurance, the City may elect to obtain equivalent insurance to protect Owner's interests at the Association's expense and the consideration shall be adjusted accordingly. 7. Services: In exchange for the mutual promises set forth in this Agreement,the City agrees to provide usable athletic fields. 8. Covenant to Hold Harmless: a. The Association acknowledges that the City has not asserted or accepted any responsibility for volunteer background checks,training,supervision,security or control of the Association's property or activities conducted on the Facilities or any part connected or contiguous thereto. The Association is solely responsible to provide security for its equipment kept in the Facilities and shall be solely responsible to provide supervision of its participants, volunteers, staff, agents, and spectators, when on City owned property. b. The Association's participants,volunteers,staff, and agents assume all risks of personal injury arising from its usage of the Facilities or any part connected or contiguous thereto which result from an act or failure to act on the part of the Association or others over whom it has supervisory responsibility. c. The Association assumes responsibility for damages to the Facilities or any part connected or contiguous thereto arising out of negligence or fault of the Association under its performance of this Agreement. The City will notify the Association of any damages and allow a reasonable opportunity for review of the damage before repairs are made. The City is responsible for the repair or replacement of Facilities property and will invoice the Association for the damages. The Association's obligation will be to reimburse to the City for any out-of-pocket cost of labor replacement of like-kind and quality of equipment and materials. d. The Association agrees to indemnify and hold harmless the City from and against all claims, costs, expenses (including attorney fees) and liabilities of whatever nature arising from: i. Any negligent or wrongful act or omission of the Association, its staff, athletes, licensees, agents, employees,or others over whom it has supervisory responsibility:or; ii. Any accident, injury, death or damage, to any person or property occurring in the Facilities or any part connected or contiguous thereto and caused by the negligence or other wrongful conduct of the Association, its staff, athletes, licensees, agents, employees, or others over whom it has supervisory responsibility, excluding claims arising from the City's performance under this Agreement. e. The City agrees to indemnify and hold harmless the Association from and against all claims, costs,expenses(including attorney fees)and liabilities of whatever nature arising from (i.)any negligent or wrongful act or omission of the City, its licensees, agents, or employees: or (ii.) any accident, injury, death, or damage to any person or property occurring in the Facilities or any part connected or contiguous thereto and caused by the negligence or other wrongful conduct of the City, its licensees,agents,or employees,excluding claims arising from CPYHA's performance under this Agreement. 9. Cancellations: The City shall not be held responsible for the cancellation of field time for reasons beyond the reasonable control of the City, its agents or employees, such as but not limited to equipment failure, loss of power, pandemic, civil unrest, severe weather, or other acts of God. In the event of such an occurrence, the City will attempt to reschedule the Association's field times or the Association may cancel and receive a return of any fees paid but not yet used. 10. Termination: Either party may terminate this agreement at any time. 11. Assignment: The Association shall not assign or otherwise transfer its interest in its scheduled field time to any other person or organization. 12. Signage: The Association may post league information signage, branding, and sponsorship banners all of which shall conform to and be consistent with the sign policy of the City of Golden Valley. 13. COVID-19: In accordance with all applicable City, state, and federal laws, ordinances, rules and regulations related to the ongoing COVID-19 pandemic, the Association agrees to the following: a. The Association shall prepare a COVID-19 plan, which plan shall meet all requirements of the City and State of Minnesota related to COVID-19, including, but not limited to, Governor's Executive Orders and State Agency Guidance. b. The Association shall submit (i) a copy of its COVID-19 preparedness plan to the City for review;and (ii)a certification that the Association has adopted a COVID-19 preparedness plan that meets the requirements of the United States government and the State of Minnesota. c. The Association shall implement and enforce its COVID-19 plan while using the Facilities in accordance this Agreement. The Association shall be solely responsible for all safety precautions at the Facilities during the time it is conducting its activities and shall at all times abide by all applicable state, federal and City rules, laws and ordinances, as well as the requirements of its COVID-19 preparedness plan. d. The Association shall monitor and update its COVID-19 Preparedness Plan should the requirements of the City or State of Minnesota be altered, updated, or otherwise changed. The City reserves the right to immediately terminate this Agreement without notice if the Association does not abide by the requirements of this Paragraph 14. 14. No Discrimination: The Association agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. The Association agrees to comply with the Americans with Disabilities Act as amended ("ADA"), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. The Association agrees to hold harmless and indemnify the City from costs, including but not limited to damages,attorneys'fees and staff time, in any action or proceeding brought alleging a violation of these laws by the Association or its guests,invitees, members,officers,officials,agents,employees,volunteers, representatives and subcontractors. Upon request,the Association shall provide accommodation to allow individuals with disabilities to participate in all activities under this Agreement. The Association agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 15. Miscellaneous: a. It is agreed that no assent, express or implied, to any breach of anyone or more of the covenants or agreements herein contained will be deemed or taken to be a waiver of any succeeding or other breach. b. Severance: If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be void or unenforceable,the remainder of the provisions of this Agreement will remain in full force and will in no way be affected, impaired or invalidated. c. No Oral Agreements: This Agreement includes in full each agreement of every kind between the parties concerning the Facilities, and all preliminary negotiations and agreements of any kind or nature are merged in this Agreement. There are no oral agreements or implied covenants in connection with this Agreement. Any modifications to the Agreement shall be made in writing and may be made by email. d. Governing Law: This Agreement is governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto agree the day and year first above written. ASSOCIATION CITY OF GOLDEN VALLEY By: By: Shepard M. Harris, Mayor Name: By: Timothy J. Cruikshank, City Manager Title: Exhibit A: Field Use Schedule FIELD USE AGREEMENT This field use agreement is entered into this I" day of April, 2021, between the City of Golden Valley ("City'), a Minnesota municipal corporation and Park Valley Youth Soccer Association, (the"Association") a community youth athletic association. WHEREAS, City owns or has an agreement to manage, improve and schedule soccer fields located at Sandburg School (property owned by Independent School District #281), Wesley Park, Lions Park and Perpich Center for the Arts (Property owned by the State of Minnesota) in the City of Golden Valley, Hennepin County, State of Minnesota, commonly known as the facilities (the "Facilities"). WHEREAS, the Association desires to use of soccer fields for its activities and City desires to provide the Association field time at the Facilities. Facility availability will vary based on season of play. THEREFORE, in consideration the keeping and performance of the conditions and promises set forth in this Agreement, the adequacy of which are hereby acknowledged,the parties agree as follows: 1. Schedule of Field Time and Hours:The City agrees to provide field time to the Association for the times and dates shown on the attached Field Use Schedule (Exhibit A) and in accordance with the terms of this Agreement. Such schedule may be amended from time to time upon the written agreement of both parties' representatives, or as deemed necessary at the discretion of the Parks and Recreation Director. During the term of this agreement, the parties will work together to negotiate a new Field Use Schedule annually, which may be approved by the Parks and Recreation Director and kept on file with the Parks and Recreation Facilities Supervisor or other designee of the Parks and Recreation Director. 2. Term:The term of this agreement will commence each year on April 1st and will continue until October 31st, for a period of 5 years beginning in 2021. 3. Field Maintenance & Portable Toilet Fees: The Association agrees to pay the City an annual field maintenance fee.The field maintenance fee is determined annually and approved in the fee schedule by the City Council. The Association agrees to pay the City for any portable toilet rentals required for association activities.The portable toilet fees will be based on market rate. 4. Billing and Payments: a. The City will invoice the Association for field maintenance fees and for any portable toilet rental fees annually in October. b. Upon proper billing by City,the Association will promptly pay the City the amount billed. 5. Use of Facilities: a. The Association agrees to use and occupy the Facilities solely for the purpose of conducting seasonal youth soccer activities in accordance with the terms of this Agreement. b. The Association agrees not to use, nor permit any portion of the Facilities to be used, for any illegal purpose or for any purpose that would cause an increase in or cancellation of the existing rate of insurance on the Facilities. c. The Association agrees to use the Facilities according to the Rules and Regulations of the City of Golden Valley,which will be updated and provided to the Association from time to time. d. Equity of Access: The City of Golden Valley recognizes that its parks and green spaces have not always been open for all. The legacies of slavery, racial violence, redlining, racially restrictive covenants, and other forms of systemic racism have barred people of color, specifically Black Americans, from accessing public space. More specifically, through its Just Deeds program, the City has documented that racially restrictive covenants were systematically used to prohibit BIPOC and Jewish people from living in the City and accessing its public spaces. The housing patterns created by this practice persist today, as evidenced by the fact that Golden Valley is less racially diverse than its bordering cities and the metro region as a whole. The Twin Cities region faces some of the biggest, racial disparities in the country. For example, BIPOC communities, including immigrant and areas of concentrated poverty, experience poorer general health and shorter life spans than some white communities. Research shows that the number one prescription for healing race-based health disparities is to provide access to parks and open space. Therefore, as part of its ongoing work to address racial disparities, dismantle the legacy of racially restrictive covenants, and provide equitable access to the City of Golden Valley's parks to all, the Association and the City shall work together to develop annual equity and inclusion commitments beginning in 2022. 6. Insurance: The Association, at its expense,shall procure and maintain in force for the duration of this Agreement commercial general liability insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, personal injury, advertising injury, and contractually assumed liability. The City, District #281 and the State of Minnesota (Perpich Center for the Arts)shall be named as an additional insured. Within ten days of the effective date of this Agreement and thereafter upon the City's request, and at least annually, the Association shall provide a certificate of insurance as proof that the above coverages are in full force and effect. These insurance requirements may be met through any combination of primary and umbrella/excess insurance. The Association's policies shall be primary and non-contributory to any other valid and collectible insurance available to the City with respect to any claim arising out of the Association's performance under this Agreement. The Association's policies and certificate of insurance shall state the coverage afforded under the policies shall not be cancelled without at least 30 days' advanced written notice to the City. Without prejudice to any other right or remedy, if the Association fails to obtain the required insurance, the City may elect to obtain equivalent insurance to protect Owner's interests at the Association's expense and the consideration shall be adjusted accordingly. 7. Services: In exchange for the mutual promises set forth in this Agreement,the City agrees to provide usable athletic fields. 8. Covenant to Hold Harmless: a. The Association acknowledges that the City has not asserted or accepted any responsibility for volunteer background checks,training,supervision,security or control of the Association's property or activities conducted on the Facilities or any part connected or contiguous thereto. The Association is solely responsible to provide security for its equipment kept in the Facilities and shall be solely responsible to provide supervision of its participants, volunteers, staff, agents, and spectators, when on City owned property. b. The Association's participants,volunteers,staff, and agents assume all risks of personal injury arising from its usage of the Facilities or any part connected or contiguous thereto which result from an act or failure to act on the part of the Association or others over whom it has supervisory responsibility. c. The Association assumes responsibility for damages to the Facilities or any part connected or contiguous thereto arising out of negligence or fault of the Association under its performance of this Agreement. The City will notify the Association of any damages and allow a reasonable opportunity for review of the damage before repairs are made. The City is responsible for the repair or replacement of Facilities property and will invoice the Association for the damages. The Association's obligation will be to reimburse to the City for any out-of-pocket cost of labor replacement of like-kind and quality of equipment and materials. d. The Association agrees to indemnify and hold harmless the City from and against all claims, costs, expenses (including attorney fees) and liabilities of whatever nature arising from: i. Any negligent or wrongful act or omission of the Association, its staff, athletes, licensees, agents, employees,or others over whom it has supervisory responsibility:or; ii. Any accident, injury, death or damage, to any person or property occurring in the Facilities or any part connected or contiguous thereto and caused by the negligence or other wrongful conduct of the Association, its staff, athletes, licensees, agents, employees, or others over whom it has supervisory responsibility, excluding claims arising from the City's performance under this Agreement. e. The City agrees to indemnify and hold harmless the Association from and against all claims, costs,expenses(including attorney fees)and liabilities of whatever nature arising from (i.)any negligent or wrongful act or omission of the City, its licensees, agents, or employees: or (ii.) any accident, injury, death, or damage to any person or property occurring in the Facilities or any part connected or contiguous thereto and caused by the negligence or other wrongful conduct of the City,its licensees,agents,or employees,excluding claims arising from CPYHA's performance under this Agreement. 9. Cancellations: The City shall not be held responsible for the cancellation of field time for reasons beyond the reasonable control of the City, its agents or employees, such as but not limited to equipment failure, loss of power, pandemic, civil unrest, severe weather, or other acts of God. In the event of such an occurrence, the City will attempt to reschedule the Association's field times or the Association may cancel and receive a return of any fees paid but not yet used. 10. Termination: Either party may terminate this agreement at any time. 11. Assignment: The Association shall not assign or otherwise transfer its interest in its scheduled field time to any other person or organization. 12. Signage: The Association may post league information signage, branding, and sponsorship banners all of which shall conform to and be consistent with the sign policy of the City of Golden Valley. 13. COVID-19: In accordance with all applicable City, state, and federal laws, ordinances, rules and regulations related to the ongoing COVID-19 pandemic, the Association agrees to the following: a. The Association shall prepare a COVID-19 plan, which plan shall meet all requirements of the City and State of Minnesota related to COVID-19, including, but not limited to, Governor's Executive Orders and State Agency Guidance. b. The Association shall submit (i) a copy of its COVID-19 preparedness plan to the City for review;and (ii)a certification that the Association has adopted a COVID-19 preparedness plan that meets the requirements of the United States government and the State of Minnesota. c. The Association shall implement and enforce its COVID-19 plan while using the Facilities in accordance this Agreement. The Association shall be solely responsible for all safety precautions at the Facilities during the time it is conducting its activities and shall at all times abide by all applicable state, federal and City rules, laws and ordinances, as well as the requirements of its COVID-19 preparedness plan. d. The Association shall monitor and update its COVID-19 Preparedness Plan should the requirements of the City or State of Minnesota be altered, updated, or otherwise changed. The City reserves the right to immediately terminate this Agreement without notice if the Association does not abide by the requirements of this Paragraph 14. 14. No Discrimination: The Association agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. The Association agrees to comply with the Americans with Disabilities Act as amended ("ADA"), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. The Association agrees to hold harmless and indemnify the City from costs, including but not limited to damages,attorneys'fees and staff time, in any action or proceeding brought alleging a violation of these laws by the Association or its guests,invitees, members,officers,officials,agents,employees,volunteers, representatives and subcontractors. Upon request,the Association shall provide accommodation to allow individuals with disabilities to participate in all activities under this Agreement. The Association agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 15. Miscellaneous: a. It is agreed that no assent, express or implied, to any breach of anyone or more of the covenants or agreements herein contained will be deemed or taken to be a waiver of any succeeding or other breach. b. Severance: If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be void or unenforceable,the remainder of the provisions of this Agreement will remain in full force and will in no way be affected, impaired or invalidated. c. No Oral Agreements: This Agreement includes in full each agreement of every kind between the parties concerning the Facilities, and all preliminary negotiations and agreements of any kind or nature are merged in this Agreement. There are no oral agreements or implied covenants in connection with this Agreement. Any modifications to the Agreement shall be made in writing and may be made by email. d. Governing Law: This Agreement is governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto agree the day and year first above written. CITY OF GOLDEN VALLEY ASSOCIATION By: By: Shepard M. Harris, Mayor Name: By: Timothy J. Cruikshank, City Manager Title: Exhibit A: Field Use Schedule Little League Isaacson 1,2& 3.......................April 1- October 15 Seeman ............................................April 1-June 30 Scheid Major&Minor.......................April 1-June 6 Scheid Major& Minor(except Tues) ................**..........................June 7-July 24 Stockman .........................................April 1-June 30 South Tyrol......................................April 1-June 30 North Tyrol ......................................April 1-June 30 Armstrong Cooper Youth Baseball Sutton ......................................April 1-October 15 Tapper ....................................April 1-October 15 Dark Valley Soccer Club MN Arts School ........................April 1-October 15 Sandburg....................................April 1-October 15 Girls Slowpitch Softball Wesley 1,2, 3...................................April 1-July 30 Lions 1,2, 3 & 4..............................April 1-July 30 Hampshire 1 & 2................................April 1-June 6 Hampshire 1 & 2 (except W/Th)...June 7-July 30 Schaper ................................Tournament Weekends Cooper/Armstrong Fastpitch Medley 1 (M/T/W/H)....................April 1-July 30 Fields at Lions, Medley, Wesley Seeman, Scheid, Schaper, Hampshire, North Tyrol, South Tyrol, MN Arts School, and Stockman assigned to associations for use Monday—Friday from 4:30 p.m.—10:00 p.m. and Saturday and Sunday from 9:00 a.m.—10:00 p.m. unless otherwise noted Fields at Sandburg, Sutton, and Tapper assigned to associations for use Monday—Friday from 5:30 p.m. — 10:00 p.m. and Saturday and Sunday from 9:00 a.m.—10:00 p.m. unless otherwise noted city EXECUTIVE SUMMARY go T 7, Administrative Services 763-593-8013 / 763-593-3969 (fax) Golden Valley City Council Meeting March 16, 2021 Agenda Item 3. E. 1. First Amendment to a Professional Services Agreement with Moxie Consulting LLC regarding the Building Capacity Grant Project Prepared By Myles Campbell, Planner Summary In late 2019, the City applied for and received $22,000 from the Minnesota Housing Finance Agency's (MHFA) Building Capacity Grant Program, for the purpose of examining the reuse of certain vacant lots in the City as affordable housing. The grant funding was specifically targeted to be used for the hiring of a community engagement specialist to collect feedback on three pilot sites for reuse. In the Spring of 2020, Moxie Consulting LLC was selected from a field of applicants, through a review of proposals solicited by the City. Initially, the grant dollars were divided between costs for the consultant and for material costs, as the City had anticipated a large amount of creative place-making activities as part of the engagement proposal. $20,000 was set aside for consultant fees, with the remaining $2,000 being set aside for material costs. As a result of the COVID-19 pandemic and associated emergency orders from both the State and City, a number of the initial place-making activities needed to be reformatted for virtual and online use, resulting in much lower costs in regards to physical materials and resources, but increased consultant staff time costs. The following items are the only material items expected to be funded via the grant in relation to the project: Project Item Item Cost (dollars) Printing & Mailing of Event Notification Post Cards $196 Annual renewal fee for Project Website $120 Based on these existing and projected costs, $1,684 dollars remain unallocated for the project, and are not expected to be utilized for new materials prior to the end of the grant period later this summer. Given this, staff would like to re-allocate the remaining budget from materials to the consultants themselves. At this point, the original $20,000 budgeted for consultant services has been fully utilized, in part due to unforeseen work items resulting from the pandemic. For example, consultants did not City Council Regular Meeting Executive Summary 2 City of Golden Valley March 16, 2021 initially budget for the need to create a project website, however this became a large component of the project after the pandemic forced an end to in-person engagement. Staff sees opportunity in providing these additional dollars now to cover both work that may have been done at cost to the consultant, and to allow more consultant time to refine the final report further. Re-allocation of these dollars would bring the total amount allocated to consultant services to $21,684, requiring Council's approval of the amount. Originally, the agreement was signed by the City Manager, as it was not greater than $20,000 being put towards consultant services. Since this amendment would increase that total budget amount, it will need to be approved by the Council. Both the original contract and the amendment have been included with this memo for review by the Council. The resulting budget for consultant services is still being fully funded via the MHFA Capacity grant and represents no financial investment for the City itself. Without any new expected material costs, staff feels this is a more efficient use of the grant dollars, providing for a more comprehensive final report for the City upon which to base its decision-making. Financial Or Budget Considerations N/A Recommended Action Motion to amend an existing Professional Services Agreement with Moxie Consulting LLC for the purpose of reallocating grant dollars for the project. Attachments First Amendment Document (2 pages) Original Professional Services Agreement (31 pages) FIRST AMENDMENT TO CUSTODIAL SERVICES AGREEMENT BETWEEN CITY OF GOLDEN VALLEY& MOXIE CONSULTING LLC THIS FIRST AMENDMENT TO CUSTODIAL AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY & Moxie Consulting LLC. ("First Amendment") is made effective as of March 16, 2021 (the "Amendment Effective Date") by and between the City of Golden Valley (the"City") and Moxie Consulting LLC ("Contractor"). RECITALS WHEREAS, the City and Contractor are parties to a Professional Services Agreement, dated on or about April 21, 2020 (the "Agreement"); and WHEREAS, the parties desire to modify the Agreement as provided herein; and WHEREAS, under the terms of the Agreement,upon the mutual written agreement of the City and Contractor, the terms of the Agreement may be modified; and WHEREAS, the parties wish to amend the Agreement as set forth below. AGREEMENT The parties agree to amend the Agreement as follows, effective as of the Amendment Effective Date: 1. Recitals. The recitals set forth above are true and correct and are hereby incorporated herein by reference. Any capitalized terms used herein but not defined have the same meaning as that ascribed to them in the Agreement. 2. Consideration. The City shall pay Contractor an additional $1,684 for additional work performed that was not contemplated in the Agreement but was necessary as a result of the COVID-19 pandemic. 3. Ratification. Except as specifically provided in this First Amendment, each and every provision of the License, as amended through the date hereof, remains, and is, in all respects, in full force and effect. 4. Counterparts. This First Amendment may be executed in any number of counterparts, including facsimile and .pdf, each of which constitutes an original and all of which, collectively, constitute one and the same instrument. The signatures of the parties need not appear on the same counterpart. 5. Miscellaneous. (i) The provisions hereof are binding upon and inure to the benefit of the parties and their respective successors and assigns; and (ii) this First Amendment and the Page 1 of 2 License constitute the entire understanding between the parties in respect to the subject matter hereof. INTENDING TO BE LEGALLY BOUND HEREBY, the parties have executed this First Amendment as evidenced by the signatures of their authorized representatives below. Signed: Signed: Moxie Consulting LLC City of Golden Valley, a Minnesota municipal corporation By: By Shepard M. Harris, Mayor Print Name: Title: By Timothy J. Cruikshank, City Manager Page 2 of 2 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made this _ day of , 2020 ("Effective Date") by and between Moxie Consulting LLC ("Consultant"), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the "City'): RECITALS A. Consultant is engaged in the business of providing professional community engagement consulting services. B. The City desires to hire Consultant to plan and conduct an engagement program around the provision of new affordable housing in the City. C. Consultant represents that it has the professional expertise and capabilities to provide the City with the requested professional services. D. The City desires to engage Consultant to provide the services described in this Agreement and Consultant is willing to provide such services on the terms and conditions in this Agreement. NOW,THEREFORE, in consideration of the terms and conditions expressed in this Agreement,the City and Consultant agree as follows: AGREEMENT 1. Services to be Provided. Consultant agrees to provide the City with professional human resources consulting services as described in the attached Exhibit A(the "Services"). Exhibit A shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. In light of the COVID-19 pandemic, all Services shall be rendered in accordance with CDC guidelines on social distancing requirements. Additionally, all in-person events shall be approved by the City in advance. 2. Time for Completion. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement.The Services shall be completed according to the deadlines set forth in the attached Exhibit A, provided that the parties may extend the stated deadlines upon mutual written agreement. 3. Consideration. The consideration, which the City shall pay to Consultant, shall not exceed $20,000. The consideration shall be for both the Services performed by Consultant and the expenses incurred by Consultant in performing the Services.Consultant shall submit monthly statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Consultant during the relevant billing period. The City shall pay Consultant within thirty (30) days after Consultant's statements are submitted. 4. Expense Reimbursement. Consultant shall not be compensated separately for necessary incidental expenses. All expenses of Consultant shall be built into Consultant's fixed compensation rate, 1 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. S. Approvals. Consultant shall secure the City's written approval before making any expenditures, purchases, or commitments on the City's behalf beyond those listed in the Services. The City's approval may be provided via electronic mail. 6. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days' written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Consultant's failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Consultant for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 7. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 8. Remedies. In the event of a termination of this Agreement by the City because of a breach by Consultant, the City may complete the Services either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Consultant's breach. 9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that the books, records, documents, and accounting procedures and practices of Consultant,that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Consultant shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 10. Indemnification. To the fullest extent permitted by law, Consultant, and Consultant's successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents,volunteers,and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; or costs, disbursements, and expenses of defending the same, including but not limited to attorneys' fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Consultant's, or its subcontractors, agents, volunteers, members, invitees, representatives, or employees, (collectively, "Indemnitors") performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Indemnitors,or arising out of Consultant's failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or 2 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 11. Insurance. Consultant shall maintain reasonable insurance coverage throughout this Agreement. Consultant agrees that before any work can be performed, Consultant shall maintain at a minimum: Worker's Compensation Insurance as required by Minnesota Statutes, section 176.181; Professional Liability in an amount not less than $S00,000.00 per occurrence; and Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence for bodily injury or death arising out of each occurrence, and $1,000,000.00 per occurrence for property damage. To meet the Commercial General Liability requirements, Consultant may use a combination of Excess and Umbrella coverage. Consultant shall provide the City with a current certificate of insurance including the following language: "The City of Golden Valley is named as an additional insured with respect to the commercial general liability and umbrella or excess liability, as required by the contract.The umbrella or excess liability policy follows form on all underlying coverages."Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days written notice is provided to the City, or 10 days written notice in the case of non-payment. 12. Assignment. Neither the City nor Consultant shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party's prior written consent. Any assignment in violation of this provision is null and void. Neither the City nor Consultant shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Consultant from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this Agreement. Any instrument in violation of this provision is null and void. 13. Independent Contractor. Consultant is an independent contractor. Consultant's duties shall be performed with the understanding that Consultant has special expertise as to the services which Consultant is to perform and is customarily engaged in the independent performance of the same or similar services for others. Consultant shall provide or contract for all required equipment and personnel. Consultant shall control the manner in which the services are performed; however, the nature of the Services and the results to be achieved shall be specified by the City.The parties agree that this is not a joint venture and the parties are not co-partners. Consultant is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All services provided by Consultant pursuant to this Agreement shall be provided by Consultant as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 14. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to provide the Services. Consultant's guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City's policies prohibiting sexual harassment and tobacco,drug,and alcohol use as defined on the City's Tobacco, Drug, and Alcohol Policy, 3 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Consultant agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 15. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall constitute the entire agreement between the City and Consultant, and supersedes any other written or oral agreements between the City and Consultant. This Agreement may only be modified in a writing signed by the City and Consultant. If there is any conflict between the terms of this Agreement and the referenced or attached items,the terms of this Agreement shall prevail. 16. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 17. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 18. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Consultant shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Services. 19. Work Products and Ownership of Documents. All records, information, materials, and work product, including, but not limited to the completed reports, data collected from or created by the City or the City's employees or agents, raw market data, survey data, market analysis data, and any other data, work product,or reports prepared or developed in connection with the provision of the Services pursuant to this Agreement shall become the property of the City, but Consultant may retain reproductions of such records, information, materials and work product. Regardless of when such information was provided or created, Consultant agrees that it will not disclose for any purpose any information Consultant has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or interests in any intellectual property created by Consultant prior to the effective date of this Agreement; however, to the extent Consultant generates reports or recommendations for the City using proprietary processes or formulas, Consultant shall provide the City (1) factual support for such reports and recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the recommendation; and (3) a detailed explanation of the rationale behind the methodology used.All of the obligations in this paragraph shall survive the completion or termination of this Agreement. 20. Agreement Not Exclusive. The City retains the right to hire other professional community engagement consultant service providers for this or other matters, in the City's sole discretion. 21. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant, created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act,Minnesota Statutes,Chapter 13. Consultant agrees to notify the City within 4 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Consultant to provide access to public data to the public if the public data are available from the City,except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 22. No Discrimination. Consultant agrees not to discriminate in providing products and services under this Agreement on the basis of race,color,sex,creed, national origin,disability,age,sexual orientation,status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Consultant agrees to comply with Americans with Disabilities Act as amended ("ADA"), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes,Chapter 363A.Consultant agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys' fees and staff time, in any action or proceeding brought alleging a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Consultant shall provide accommodation to allow individuals with disabilities to participate in all Services under this Agreement. Consultant agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 23. Authorized Agents. The City's authorized agent for purposes of administration of this contract is Kirsten Santelices,the Human Resources Director of the City, or designee. Consultant's authorized agent for purposes of administration of this contract is Merritt Clapp-Smith, or designee who shall perform or supervise the performance of all Services. 24. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONSULTANT THE CITY Moxie Consulting LLC City of Golden Valley 228 E 81"Street 7800 Golden Valley Road Saint Paul, MN 55101 Golden Valley, MN 55427 merritt@moxieplanning.com ksantelices@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 26. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 27. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 28. Publicity. At the City's request, the City and Consultant shall develop language to use when discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Consultant shall not use the City's logo or state that the City endorses its services without the City's advanced written approval. 5 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E 29. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 30. Signatory. Each person executing this Agreement("Signatory') represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Consultant did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Consultant, described in this Agreement, personally. 31. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format ("pdf') and signatures appearing on electronic mail instruments shall be treated as original signatures. 32. Recitals. The City and Consultant agree that the Recitals are true and correct and are fully incorporated into this Agreement. [Remainder of page left blank intentionally.Signature page follows.] 6 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. CONSUL�4NI- d by: CITY OF qOL@ edy ALLEY: ocuFT�—By: C44-Z444"4 Name: errs t lapp-Smith Timothy J. Crui shank, City Manager Title: Owner and Principal 7 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E EXHIBIT A PROFESSIONAL SERVICES PROPOSAL FOR AFFORDABLE HOUSING COMMUNITY ENGAGEMENT Attached DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E a r'ro, � w d: PROPOSAL: Golden Valley Community Engagement DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E Contents 1. Statement of Qualifications.............................................................................................................................................4 AboutOur Team..................................................................................................................................................................4 Personnel............................................................................................................................................................................... 5 Projectteam organization............................................................................................................................................... 6 ............................................................................................................................................................................................... 6 RelatedExperience............................................................................................................................................................ 7 2. Project Understanding....................................................................................................................................................11 ProjectApproach..............................................................................................................................................................11 ExternalApproach.......................................................................................................................................................11 InternalApproach........................................................................................................................................................12 EngagementApproach...............................................................................................................................................13 EngagementTools.......................................................................................................................................................14 References.......................................................................................................................................................................16 3. Project Plan.........................................................................................................................................................................17 Phase I: Design Community Engagement Plan................................................................................................17 Phase II: Oversee Execution of Community Engagement Plan.................................................................18 PhaseIII: Final Report...............................................................................................................................................19 4. Proposed Timeline...........................................................................................................................................................20 ..................................................................................................................................................................................................20 S. Deviations from RFP........................................................................................................................................................21 6. Cost Proposal......................................................................................................................................................................22 ProposedBudget...............................................................................................................................................................22 OptionalServices..............................................................................................................................................................22 LumpSum Fee....................................................................................................................................................................22 Project Milestones and Payment Schedule............................................................................................................22 CostSaving Opportunities.............................................................................................................................................22 PROPOSAL: Golden Valley Community Engagement 2 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E 0•0 Merritt Clapp-Smith -Owner P: 651.233.8661 E: merritt@moxieplanning.com moxie 228 East Sth Street,Saint Paul,MN 55101 1 moxiepianning.com URBAN CONSULTING February 21, 2020 Mr. Campbell, Moxie Urban Consulting(Moxie) and Community Design Group (CDG) are excited to present this proposal to provide community engagement, visioning and facilitation services to the City of Golden Valley to support development of a citizen-driven vision to guide the city's evolution and future. We are well-qualified to meet the needs of the project and bring it to a successful conclusion. Over the last twenty years, we have worked with residents and staff in numerous cities in Minnesota and beyond to facilitate development of community-led and community-responsive visions focused on implementation and improvement. The engagement approach, tools and methods that will be brought by our team to this project are innovative, interactive and fun, and lead to plans supported by strong community consensus, buy-in and ownership. Our action-oriented, incremental and cost-effective recommendations catalyze momentum for implementation, and lead to community success. Moxie's Merritt Clapp-Smith brings two decades of experience managing and facilitating complex urban development, planning and affordable housing projects, including serving as Project Manager for the Ford Site Redevelopment while at the City of Saint Paul's Planning and Economic Development Department. CDG's Antonio Rosell brings another two decades of experience and recognized innovation and leadership working on community planning, sustainable transportation and community engagement projects. We are also excited to offer the participation of Amanda Lovelee and Emily Stover of Plus/And, who will work as additional partners in the planning and execution of community engagement. Amanda and Emily bring years of experience using the arts as a springboard for productive community conversations. Moxie subconsultant Mary Cutrufello will bring her passion for planning and her artistic sensibilities as a professional musician. Thank you for the opportunity to submit this proposal. Please feel free to contact me if you have any questions or if you would like additional information for evaluation of our submittal. Sincerely, Merritt Clapp-Smith, Moxie Consulting LLC PROPOSAL: Golden Valley Community Engagement 3 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E i. Statement of Qualifications About Our Team Moxie Urban Consulting(Moxie) will serve as the Primary Consultant for the project. Community Design Group (CDG), Plus/And, and Mary Cutrufello will participate as subconsultants to Moxie. We believe the combination of Moxie, CDG and Plus/And will provide the City of Golden Valley with maximum value and successful achievement of the goals it seeks for this Community Engagement initiative. Our team brings its collective passion and ideas from decades of combined community engagement experience. Moxie's Merritt Clapp-Smith brings years of community engagement •` , experience from her work as a planner for the City of Saint Paul. Each m Q X I e project- development proposals, zoning changes, small area plans - URBAN CONSULTING required a project specific engagement approach, which she designed with an eye to reaching diverse populations and perspectives. Her volunteer experience as president of her neighborhood council, and as board member for a grassroots YIMBY (Yes In My Backyard) group that speaks on city projects, gives her a multi-faceted perspective on engagement. CDG brings two decades of innovation and experience working closely with communities to develop urban design, community planning and sustainable transportation solutions. Led by APA's 2015 Minnesota Planner of the Year Antonio Rosell, the firm develops and deploys user-friendly and engaging tools and methods to expand participation and respond to community needs and vision. The public art team of Plus/And works upstream of development planning, using public artists to transform engagement and planning outcomes by +/& creatively reframing goals using the perspective of the community. PROPOSAL: Golden Valley Community Engagement 4 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E Personnel Merritt Clapp-Smith I Moxie Consulting Project Manager and Principal Client Contact Moxie Consulting provides strategic planning, project management, public policy, and stakeholder engagement services to private, public, institutional and nonprofit clients. Moxie Consulting owner and principal, Merritt Clapp- Smith, brings twenty years of experience leading complex planning, land use, and redevelopment projects. At the heart of all her work is engagement of community members, stakeholders, and policy makers. By nurturing open and honest communication, Merritt works to bring people together and to find common ground and win-win opportunities. F Mary Cutrufello I Moxie Consulting Mary is a 2019 graduate of the Humphrey School of Public Affairs at the University of Minnesota. She sees affordable housing as a vital part of a holistic approach to city planning and engagement as a crucial part of the process by which communities understand who they are and how they can shape their community. Her interest in community engagement was sparked by coursework that enabled her to work directly with stakeholders in such varied places as the City of Medina and Saint Paul's Rondo neighborhood. Her experience includes developing outreach tools, performing deep-dive analyses, and conducting and producing video interviews on specific topics. �N Antonio M. Rosell, P.E., AICP I Community Design Group Antonio Rosell is founder and Director of Community Design Group (CDG), a consulting firm specializing in community planning and urban design, bicycle and pedestrian planning, and community engagement. In 2015, he was recognized as "Minnesota Planner of the Year" by the Minnesota Chapter of the American Planning Association. An Urban Planner and Civil Engineer with twenty-five years of professional experience, Antonio has led numerous projects in our region and beyond, focusing on opportunities to work closely with communities in land use planning, zoning, affordable housing and sustainable transportation issues, plans and policies. Amanda Lovelee and Emily Stover I Plus And Amanda is an artist who translates between cities and people with the goal of building an environment everyone wants to inhabit. Her work explores how and where people connect within contemporary society. Projects focusing on civic engagement include Pop Up Meeting, a city popsicle truck for collecting resident input on public projects, and Urban Flower Field, a vacant lot transformed into a gathering space and living science project. PROPOSAL: Golden Valley Community Engagement 5 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E She has an MFA in Visual Studies from the Minneapolis College of Art and Design and BFA in Photography from University of Hartford. Emily crosses design disciplines to create public art installations and engaging experiences in and about public space. Using her background in architecture, landscape architecture, and urbanism, she questions our complex relationships to each other and the land we inhabit. Past work includes a seasonal market in a public park, a mobile kitchen for making and sharing food, and an interactive light installation on an energy utility. As an instructor and researcher at the University of Minnesota College of Design, she focuses on creative problem-solving and innovation practices in the public sector. Project team organization City of Golden Valley Local residents Residents of areas surrounding individual sites Overall community The wider community of Golden Valley residents and businesses Merritt Clapp-Smith,AICP Moxie Consulting Consultant Team Project Manager Main point of contact Engagament/facilitation lead Housing policy lead Amanda Lovelee& Antonio M. Rosell,P.E.,AICP Emily Stover Community Design Group Plus/And Engagement&Policy Support Arts Engagement Lead Engagement plan&activities Engagement plan&activities development development Mapping and analysis Youth engagement Concepts and illustrations PROPOSAL: Golden Valley Community Engagement 6 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E Related Experience Ford Site Redevelopment Planning, Project Manager(2006-2017)- Moxie and Plus/And As a Principal Planner at the City of Saint Paul, Moxie's `` Merritt Clapp-Smith led the Ford site redevelopment planning for a decade and was responsible for all aspectsrt of project management and community and stakeholder engagement. She oversaw a dozen consultant studies, managed a 20-member internal citywide staff team, ` p managed the 24-member Ford Site Task Force, and coordinated with external partners, agencies, and the , landowner. Merritt presented at over 150 public, stakeholder and interest group meetings and events, preparing the format and presentation materials for each one. At project culmination, she authored new zoning and a Ford Site Master Plan, shepherding it through Planning Commission and City Council approval. Plus/And's Amanda Lovelee designed and led a number of engagement activities for the Ford site planning to reach under-represented and ethnically diverse members of the community. Governor's Task Force on Housing, Project Manager(2018)- Moxie Moxie Consulting Principal, Merritt Clapp-Smith, coordinated and managed project activities of staff and representatives : from multiple agencies on a fast-paced, seven-month project. She assisted in the design and oversight of open house and a- 1) A 7— workshop events for and in collaboration with new immigrant I - and BIPOC communities and tenants of affordable housing. Merritt managed operations of the task force and its work groups, collaborating with staff to prepare agendas and .; f content for all meetings. As Project Manager, she developed and directed work plans to advance project activities, while maintaining enough flexibility to identify and address obstacles as they arose. Merritt organized and synthesized all subject content from meetings, public input, and research into task force recommendations, and co-authored the final Task Force report - "More Places to Call Home: Investing in Minnesota's Future". PROPOSAL: Golden Valley Community Engagement 7 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E Pop-Up Meeting truck, Saint Paul - Plus/And Pop Up Meeting was conceived and designed by Amanda r f Lovelee, as Saint Paul's City Artist, to increase diversity and participation in Saint Paul's urban planning process. From an artistically retrofitted city truck, Pop Up Meeting � > (still in use at the City of Saint Paul) dynamically unfolds as the city's front porch to engage communities and customize civic meetings based on place and �► stakeholder needs. Pop Up Meeting visually and1 comprehensibly shares the ideas and responses of community members. In exchange for their thoughts, survey responses, or handwritten love letters to the city, participants receive a locally made popsicle from the brightly designed truck. Through playful engagement, Pop Up Meeting brings the city to the people and creatively invite residents into community conversations. Community Visioning for the WSCO/ District 3 Plan,Saint Paul -CDG Saint Paul's West Side is the home of Minnesota's oldest Latino community as well as new Hmong and Somali immigrants. CDG worked for the West Side Community Organization (WSCO)to co-lead development of their Community Plan. Discovering the plan's vision was the first step in this process. CDG designed and implemented a visioning process to maximize participation across the multiple ethnic and cultural communities living and working in the West Side with the goal of arriving at a community-consensus vision for guiding the plan's recommendations. Working closely with WSCO, CDG developed and implemented hands-on, map-based visioning activities that bridged language, culture and literacy barriers and provided new insights and guidance for the plan. CDG also led community meetings and trained WSCO organizers to lead additional workshops. The West Side Community Plan was adopted by the City of Saint Paul in 201-3 and continues to guide the evolution of this vital district to this day. PROPOSAL: Golden Valley Community Engagement 8 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E Grand Forks ND Land Use Plan Update-CDG CDG worked as part of a multi-disciplinary team to update the Land Use Plan for the City of Grand Forks. Community visioning was a key component of the plan. CDG developed interactive in-person and online tools to expand engagement and bring resident guidance and vision into plan recommendations, and then used this guidance to develop land use concepts for selected sites in the city. CDG's engagement strategy included numerous Pop-Up engagement booths at popular local events to gather ideas from community members who would not normally attend public meetings. The second phase of engagement ~" featured design workshops where participants imagined new uses for three underdeveloped sites using hands-on materials. CDG used guidance gathered from engagement to r develop concepts for specific sites in the city-from , redevelopment of a two-block site near the city's downtown to the reuse and reconceptualization of a 28 f' acre mall site midtown. The plan was adopted in 2016. `- Bottineau LRT Infrastructure & Engagement - CDG The new Bottineau light rail (LRT) line will be the Twin Cities' fourth light rail line and a city-shaping, multi-modal spine for the communities along its 11 stations and 13 miles of track. In 2018, the Hennepin County Regional Railroad Authority "` 1�'� u (HCRRA) sought to develop a set of Opening Day walkingAll and biking routes and wayfinding recommendations to connect more people to LRT more easily-starting from the line's first day of operations. The County placed a high priority in developing facilities that met an "All Ages & <`� ; 'r, �M Abilities" standard, and that expanded the community's role in the planning process, with special emphasis on inviting the participation of underrepresented populations residing along the transit line. PROPOSAL: Golden Valley Community Engagement 9 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E CDG developed the project's community engagement " activities, which used innovative in-person and online methods to collect community priorities for selecting among alternatives and informed the line's Wayfinding Plan, and developed well over one hundred routes and configurations for pedestrian and bicycle circulation and connectivity to the stations. Saint Paul Grand Round Master Plan - CDG and Plus/And The Saint Paul Grand Round is a visionary project to complete a 30-mile scenic parkway with off- street pedestrian and bicycle trails connecting parks, trails and community destinations throughout Saint Paul. This city-wide asset improves access for walking, biking and t transit to local businesses and destinations, helping to better connect neighborhoods and communities across the city. w� CDG provided design and engagement services as part of a multi-disciplinary team - including concept development and implementation of a far-reaching engagement effort. One key component of CDG's engagement services was development of user-friendly materials providing design concept and concept development information to multiple communities along the proposed route, implementation of "Pop-Up" workshops at key locations, and innovative website and online engagement tools. PROPOSAL: Golden Valley Community Engagement 10 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E 2. Project Understanding Eight publicly owned sites in the City of Golden Valley have been identified as potential locations for development of affordable single-or multi-family homes. In August 2019 the City was awarded a Capacity Building grant to research opportunities to support affordable housing initiatives by building organizational capacity to address housing disparities, empowering underrepresented communities, piloting innovative solutions to housing challenges, and supporting inclusive communities. As part of the process to investigate the potential for affordable housing at the eight identified sites, the City is seeking to engage nearby residents for their planning and concept design. A key goal for resident engagement is to foster understanding of and support for the development of the potential housing concepts, and to work closely with each of the areas' demographically and ideologically diverse residential populations to achieve consensus. The City is seeking the participation of a community engagement consultant to support the success of this affordable housing initiative, and to develop tools and approaches that can be used in similar future efforts. Three of the sites have been prioritized for further investigation based on their development potential and ability to support a residential use. These sites are located at 300 Turner's Crossroads, at 2415 Douglas Drive N, and at 504 Lilac Drive N. The selected consultant is expected to develop a set of educational and engagement materials that build community understanding of the affordable housing issues affecting city residents generally, and also about the specific issues that are relevant for each of the individual sites. The three priority sites are to serve as a "pilot"for how those conversations are carried out- both in the immediate area of the sites and with the larger community. The selected consultant's materials, methods and reporting are expected to inform the City's future practices when working with the community around housing issues. Project Approach The approach for this project has three key elements - the external approach,the internal approach and the engagement approach. The external approach relates the project itself--our understanding of it, our philosophy, and how we will go about things. The internal approach looks at management and operations of the project - organization, communication and collaboration with city staff and key partners, and management style. The engagement approach speaks to the philosophy, ideas, and techniques we bring to the project. We describe each of these approaches in further detail below. External Approach Site based redevelopment is a vital investment that shapes the space, culture and vibrancy of everything around it. If done well, it has the power to positively transform places. If done poorly, the negative impacts can affect people and properties around it, as well as souring residents citywide on PROPOSAL: Golden Valley Community Engagement 11 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E future such investments. With the stakes so high, it is prudent to actively engage stakeholders and community members in proactive discussion and input to shape the upcoming project. Historically, members of ethnic and cultural communities, renters, and people with lower incomes have had difficulty in finding the housing they need -and have often been underrepresented in the very same civic processes where their ideas and experiences could help shape better policy responses to their needs and those of the wider community. An equity-focused approach to site planning will ensure that Golden Valley residents, who are underserved in public amenities and economic opportunities, can benefit from the site community investments. This approach to planning requires intentional and thorough engagement and is lynchpin of its success. Equity-based engagement focuses on local residents and targets members of economic, social, ethnic, and cultural communities who have specific needs, ideas, or aspirations for the project's outcome. Events are designed to reach specific populations who may not often participate in planning processes (for example, members of ethnic or cultural minorities, young people, seniors, residents of multi-family housing, renters, people with physical or cognitive disabilities, or members of low-income populations, among others). Outreach should also touch the broad cross-section of potential users in the community's general population (for example, visitors to a local park or potential users of a new bicycle facility who do not reside near those facilities) so that all have an opportunity to contribute to the development of a project and have their interests and preferences reflected in the final design decisions. Over the first month of the project, we will develop a detailed Community Engagement Plan (CEP). The CEP will provide a detailed roadmap for all public outreach and engagement, and agency coordination tasks that will be completed during the life of the project. The CEP will detail specific methods, target audiences, schedule, and tasks for implementing engagement with the public, community organizations, and key stakeholders. We will refine and complete the CEP with guidance from the City's Project Manager. The CEP will be dynamic and iterative throughout the project and will be updated and refined as needed. We will incorporate learnings from direct engagement to refine our approach and methods throughout the project's duration. Our team will work in collaboration with city staff on the design and content for all engagement events and outreach. Internal Approach A clear structure of tasks, schedule, and roles is essential to a productive process and tangible outcomes. As team lead, Moxie's Merritt Clapp-Smith will be the primary contact for city staff and community project partners. She will ensure that each person with an active role in the project understands their responsibilities, expected timelines for completion, and deliverables. The following steps outline the management approach: 1. The project lead is a designated city staff person and the consultant team lead works under the direction of this person. 2. The consultant team lead and the city staff lead are in active communication throughout the project, with a set schedule of regular check-ins and other communication as needed. PROPOSAL: Golden Valley Community Engagement 12 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E 3, At the outset of the project, the proposal work plan will be adjusted and further detailed in collaboration with city staff. The work plan will identify key tasks, deadlines and responsible parties 4. Key project contacts from the city, partner agencies, or the community will be identified, noting their role in the project and contact information. This will be made available to project partners and any interested parties. 5. The consultant lead and staff lead will discuss and agree on respective roles and responsibilities for project management. They will discuss how to approach the project and in a manner that they find productive, enriching and fun. & Throughout the project, be open minded and nimble, and ready to accommodate the unexpected obstacles and opportunities. 7. Provide project deliverables in a timely manner, providing drafts for client review and comments, and high-quality final products. 8. In all work, respect all partners, bring a sense of humor and wonder, and have fun. Engagement Approach Our team will invite participation by co-creating a process that listens to citizens and inspires them to share their knowledge and their needs, thereby shaping the city's and future developers' ideas for the site. The tools we build to bring people together will be playful, project specific, and outcome driven. .a Our team believes: • Community engagement is a reciprocalf exchange • Communities know what they really need _- • Joy is the best way to make a connection • Creative practices can shift any system • Public art can be baked into the planning process • The only way to really understand a place is through its stories In conjunction with city staff and community representatives, we will develop and implement a focused and robust in-person and online outreach and engagement process for the project. This includes accurately communicating the role that community guidance can play during each of the project's phases, and using the information gathered during engagement to refine and further develop the design for the sites. At the outset of the project, we will initiate a 3-track process to create an engagement plan that is contextual to each site and its community. In each location, we will work with a few community leaders to identify the people, places and community events that will help us build the project network and outreach platform. An early base of project contacts will be essential to successful engagement throughout the process, helping the team to reach people when and where they are. Some focus areas for our engagement approach and activities include: • Help residents envision the planned change -Sometimes it is difficult for residents to understand the potential changes or benefits from a project, based on a set of plans or PROPOSAL: Golden Valley Community Engagement 13 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E diagrams. Providing interactive activities, art-based engagement, and intuitive materials will more quickly encourage input and ideas from stakeholders. • Provide information on the site-specific engagement to the broader community. This enables people who are curious or wish to provide their input to connect with the process as they desire. Some tools that may be used for this purpose include social media, the City's electronic bulletins, articles in community newspapers and ethnic media, website content, or utility mailers. • Proactively explain the range of development options and limiting factors - Infill sites can inspire confusion and unrealistic expectations, good or bad, about what is possible at the site. An individual's vision, such as for a large park, can narrow their willingness to consider other options. For this reason, it is important to identify early what range of development is possible, and to openly discuss the considerations, limiting factors, and trade-offs that will influence development decisions. Transparency and honesty in communications with the public are essential to establishing trust and to building a foundation for brainstorming and collaborative problem-solving. • Seek out a cross-section of residents to participate - Make proactive efforts to engage young people, seniors, families, renters and homeowners to comment and weigh in on the planning and design concepts for the sites, to bring a more representative voice to the planning conversations. Reaching these groups can be done by going to schools and by working with local organizations, such as a neighborhood organization, a seniors' walking group, or a young parents' group. This effort will engage segments of the population that may not otherwise have a chance to hear about or understand a potential project. Engagement Tools To maximize participation and opportunities for engagement, our team will offer several types of activities, in person and online. We will take the conversations to the people- hosting "Pop-Up" workshops at popular community destinations and events and working with neighborhood organizations and cultural groups to host "listening sessions". We will design open houses with engaging activities, illustrated materials, and helpful project staff and community leaders to address questions and concerns. A suite of online activities will make it easy and convenient for a large number of area residents, workers, and visitors to contribute their ideas and recommendations for redevelopment of the three properties. Some of the tools we suggest for engagement include: Pop-Up engagement sessions Pop-Up sessions are friendly and casual mobile workshops that bring information about the project to places where people are already gathering- parks, community centers, grocery stores, and community events. Pop-Ups include richly illustrated materials, provide timely information about the project and design alternatives, and offer multiple tools for direct participation and comment by participants and passersby-from games and surveys to informal discussion. Pop-Up workshops offer the opportunity to gather the opinions of people who might not otherwise attend a city or neighborhood meeting. PROPOSAL: Golden Valley Community Engagement 14 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E Open House/Community Workshops Open house workshops provide an opportunity for members of the public to receive project information, express preferences, and ask questions about the potential development. The open houses are interactive and feature multiple tools and methods for receiving public guidance. Strong participation at open houses and workshops will depend on early and proactive outreach, using traditional and social media, press releases, door flyers and community networks. w _, Interactive, art-based events An activity that draws people and involves them is a great way to attract new audiences to learn about a project and share their ideas in an informal and fun setting. The type of art-based activity used will depend on who we are trying to reach and what interests them. Each engagement is audience and context specific and developed in collaboration with people from the communities being engaged. Neighborhood block parties Neighborhood block parties bring project information and activities directly to people residing near a proposed project. They expand the number of local residents directly reached by project information, answer their questions, gather their comments, and encourage residents to socialize and discuss the proposal. Online Communication EDIINA PEDESTRIAN AND BICYCLE MASTER PLAN Online engagement tools, including Cl ck on- b bel dd yaaii Ta d pains w�lk b k I� C C C surveys, C n Iklbk Interactive maps, project websltes F Ik &di dbk g loll �'AF-I ' 6k "Idly � B .i IL -okii p , Y=�,E�� and social media, offer an opportunity to greatly expand the reach of project communications and to engage and receive x guidance from a broad audience. We will assist staff with regular updates and can manage or support an array of useful and cost-effective web-based tools. = Online tools can include: • Project website to disseminate project information and receive comments • Interactive mapping tool to receive public comments and guidance about local assets and challenges, nearby destinations, desired walking, biking and transit networks, and vehicular access and safety issues • Online collaborative platform using MindMixer, PlaceSpeak or a similar tool to provide collaborative dialogue between project partners, the public, and other stakeholders • Interactive polls and activities • Social media messages to disseminate project information and engagement opportunities • Language appropriate online materials for key constituent groups in the area PROPOSAL: Golden Valley Community Engagement 15 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E References REFERENCE For Merritt Clapp-Smith/ Moxie Client: City of Saint Paul Services: Project Manager to Ford Site Redevelopment Planning(Merritt Clapp-Smith) Dates: November 2006-October 2017 Contact: Donna Drummond,former Director of Saint Paul Planning dmhdrummond@gmail.com/ C: 612.532.4860 REFERENCE For Merritt Clapp-Smith/ Moxie Client: State of Minnesota Services: Project Manager to the Governor's Task Force on Housing(Merritt Clapp-Smith) Dates: January 2018-August 2018 Contact: Mary Tingerthal, Tingerthal Group/former Commissioner of Minnesota Housing marytingerthal@usa.net/C: 312.953.3623 REFERENCE For Antonio Rosell/ Community Design Group Client: City of International Falls Services: Develop the City's new Comprehensive Plan, including housing and land use Dates: 2018- 2020 Contact: Kenneth R. Anderson, City Administrator kena@ci.international-falls.mn.us/ 218.283.7983 REFERENCE For Antonio Rosell/ Community Design Group Client: Three Rivers Park District(TRPD) Services: Develop TRPD's West Metro Regional Trails Study (new trails in metro area) Dates: 2018- 2019 Contact: Stephen Shurson Landscape Architect, Three Rivers Park District stephen.shurson@threeriversparks.or / 763.559.6766 REFERENCE For Amanda Lovelee/ Plus/And Client: City of Saint Paul, Parks and Recreation Services: Grand Rounds Saint Paul Bicycle Loop -engagement activities Dates: 2015 - 2017 Contact: Kathleen Anglo, TKDA kathleen.anglo@tkda.com/ 651.292.4471 PROPOSAL: Golden Valley Community Engagement 16 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E I Project Plan Phase I: Design Community Engagement Plan A) Kick-off meeting with city project staff and consultant team • Discuss project expectations and goals • Review and discuss context of each site • Identify key stakeholders and community organization leaders for each site • Review and refine Scope of Work and Project Schedule • Provide Meeting Summary notes, detailing outcomes of each topic discussed B) Review background information and research site area demographics and amenities C) Visit sites with city staff(and local elected official, if appropriate) and meet with community leaders at each location to discuss neighborhood qualities, sensitivities, expected hopes and concerns regarding future development of the site, and potential engagement tools D) Research and identify context appropriate race and equity engagement tools for project E) Meet with City Councilmembers who represent the project sites to provide an overview of the project, to discuss any ideas or concerns they have,to identify(confirm) community partners and stakeholders, and to encourage their participation in engagement events F) Draft Community Engagement Plan based on background information, site visits, and input to date from city staff, elected officials and community leaders (Goal of 3 events per site.) G) Review and refine Engagement Plan with input from city staff and key engagement partners Deliverables: 1. Detailed Work Plan and Schedule a. Identify internal (city staff and consultants) and external activities and tasks b. Strategies to handle unexpected obstacles and opportunities during the project c. Review and work around potential event conflicts such as holidays, religious observances, city meetings, and neighborhood events 2. Community Engagement Plan -detailing: a. Work Plan, Schedule, and Roles for consultants, city staff and key partners b. Engagement and Input goals for each site and the project overall c. Specific engagement tools for each site -who, what, where, when and how d. Key stakeholders, community leaders and focus groups for outreach e. Review and work around potential event conflicts such as holidays, religious observances, city meetings, and neighborhood events PROPOSAL: Golden Valley Community Engagement 17 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E f. Identify and select planned community events and venues where project engagement could occur g. Communications and outreach plan for the overall project and specifically for each engagement event and activity(in person and virtual) Phase II: Oversee Execution of Community Engagement Plan A) Prepare project overview for each site, to include: a) Description and map b) City intent, goals, and input sought c) List and description of planned engagement events and tools, and how to participate B) Promote and invite people to engagement events, using tools and partners identified for each site, including: a) Project website b) City communication platforms c) Online engagement-surveys and interactive tools such as MindMixer or PlaceSpeak d) Notices and articles through local media and press e) Electronic promotion through partner organizations and community leaders f) Targeted phone calling using an identified phone tree network g) Flyers in neighborhood gathering places around each site, as appropriate h) Provide project updates to staff and partner organizations on an ongoing basis, no less than twice monthly C) Prepare and conduct engagement events and activities a) Support staff, if needed, in making reservations and arrangements for events b) Collaborate with staff in preparing engagement event materials c) Prepare and guide staff and community partners on how to facilitate each engagement event they are involved in - provide written explanation in advance of the event and day-of preparation before the event begins d) Assist staff and community partners at engagement events e) OPTIONAL: Video record events and community input D) Observe and record the details of each event, noting: a) Attendance- how many and who (age, race, resident, visitor, other) b) Level of participation in event activities- how people reacted to and engaged with the activities and people around them c) Mood and tone of the event- how people seemed to feel about the event, its content, the setup and input sought from them d) Event operation -was it easy to set up and run, user friendly, facilitator friendly, accessible to people of different ages and abilities, location appropriate, would you recommend the format for other projects, and what changes would you recommend for future use? e) Document input and ideas from participants at the event PROPOSAL: Golden Valley Community Engagement 18 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E E) Input Summary for each event and each site a) Collaborate with staff to determine the format(s)for showing input received b) Review draft of recorded input prepared by staff and provide comments c) Consultant team members process the input and prepare summary materials for each event d) Consultant team consolidates all site-based input into a single overview for each of the three sites e) Finalize event summary materials and disseminate through website, electronic communications and any other methods appropriate to the event and audience Deliverables: 1. Project Overview and Goals for each site 2. Engagement Plan 3. Design, Preparation and Staffing Plan for each event 4. Event description and flyer for each event(in collaboration with city staff) 4. Content and materials for engagement events (in collaboration with city staff) 5. Attendance of at least one consultant team member at each event 6. Summary for each event(in collaboration with city staff) Phase III: Final Report A) Draft ideas for content and design of final report and discuss with staff B) Draft final report, to include: a. Executive Summary of consultant's work b. Detailed methodology behind design choices for each site c. Catalog the input provided by residents for each site d. Lessons Learned and Recommendations for future engagement work C) Provide Draft Report for review and comment by city staff D) Finalize Engagement Report Deliverables: 1. Final Engagement Report 2. All project related materials and content requested by the client Optional services proposed and associated costs. We have not identified any optional services in this proposal. However, we are very open to considering additional services that the city may be interested in and discussing related costs. PROPOSAL: Golden Valley Community Engagement 19 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E 4. Proposed Timeline Project - Phase I: Design Community Engagement Plan Mar Apr May Jun Jul Aug Sep A) Kick-off meeting with city staff B) Review background info and research site C) Site visits with staff and community reps D) Identify context appropriate, equity based engagement tools E) Info meetings with City Councilmembers F) Draft Community Engagement Plan G) Finalize Community Engagement Plan Phase II: Community Engagement Plan Mar Apr May Jun Jul Aug Sep A) Prepare project overview for each site B) Promote engagement events C) Prepare and conduct engagement events (assume 3 events per site) D) Document event details and operations E) Create input summary for each event and site Phase III: Final Report Mar Apr May Jun Jul Aug Sep A) Draft and discuss content and design for final report with city staff B) Draft final report C) Solicit and review comments on draft D) Produce Final Report J PROPOSAL: Golden Valley Community Engagement 20 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E 5. Deviations from RFP We do not suggest any deviations from the scope of services and schedule outlined in the Request for Proposals. PROPOSAL: Golden Valley Community Engagement 21 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E 6. Cost Proposal Proposed Budget Our proposed budget of$19,250 is based on the scope of work outlined in the City's RFP, and on our proposed work plan, tasks and team member roles. We are open to modification of our proposal elements, in a manner that most effectively meets the Task Force's needs and City's budget. Optional Services Video Services- Mary Cutrufello has experience conducting video interviews and editing the footage into a video piece with sound, images and written content. This service can be added at a rate of $60/hr for Mary's time. Price to be determined in consultation with city staff, based on the desired content, number of interviews and length of each video produced. Lump Sum Fee The not-to-exceed, lump sum fee for our proposal is $20,000. The consultant lead will stay in close communication with the staff lead throughout the project regarding work completed and budget expended. If issues arise,the staff lead will direct the consultant on corrective action. Project Milestones and Payment Schedule Our team is amenable to a plan for project milestones and an associated payment schedule, to be created in consultation with city staff. Our preference is for monthly billing and payment, based on completion of expected tasks. Cost Saving Opportunities Engagement Events-The primary opportunity we suggest for cost savings relates to Engagement Events. This proposal assumes 24 hours of consultant time to assist in preparations for the suggested nine (9) engagement events and for attending them, as well as 12 hours to document event details and operations. The combined costs estimate for these services is $3,735. This expense can be reduced by utilizing city staff, students or community volunteers to handle more of the event preparation, attendance and documentation. PROPOSAL: Golden Valley Community Engagement 22 DocuSign Envelope ID: F8D4CFEE-4C08-4129-B657-C4041CFFC98E COMMUNITY ENGAGEMENT PROPOSAL - Project Schedule and Budget Moxie,C-D-G,and Plus/And Project Activities Merritt Antonio Amanda Mary Hourly Rate $140 $135 $80 $60 Phase I:Design Community Engagement Plan March-May Mar Apr May Jun Jul Aug Sep A)Kick-off meeting with city staff March 2 2 2 2 1 ,$ 830 B)Review background info and research site March-April 2 2 0 1 1 $ 610 r C)Site visits with staff and community reps April 1 1 0 1 3 $ 1,005 D)Identify context appropriate,equity based engagement tools April 2 2 2 2 1 $ 830 r E)Info meetings with City Councilmembers April 4 0 0 0 1 $ 560 r F)Draft Community Engagement Plan April-May 8 4 2 2 1 $ 1,940 F G)Finalize Community Engagement Plan May 4 2 0 1 1 $ 890 F 25 15 6 11 Total $ 6,665 Phase II:Community Engagement Plan May-Aug Mar Apr May Jun Jul Aug Sep r A)Prepare project overview for each site March 2 2 0 0 1 $ 550 B)Promote engagement events March 0 2 0 0 1 $ 270 C)Prepare and conduct engagement events r (assume 3 events per site) March 2 2 2 2 3 $ 2,490 r D)Document event details and operations March 1 1 1 1 3 $ 1,245 E)Create input summary for each event and r March-April 4 2 0 8 1 $ 1,310 site 15 15 9 17 Total r$ 5,865 Phase III:Final Report July-Sept Mar Apr May Jun Jul Aug Sep A)Draft and discuss content and design for r final report with city staff March 4 2 1 2 1 $ 1,030 B)Draft final report March 10 4 0 4 1 r$ 2,180 r C)Solicit and review comments on draft March 2 0 0 0 1 $ 280 D)Produce Final Report March 8 2 0 0 1 $ 1,390 r 24 8 1 6 Total $ 4,880 Other Expenses March-Sept Mar Apr May Jun Jul Aug Sep Bi-weekly project calls with staff lead Twice monthly 0.5 0 0 0 12 $ 840 Administration,Mileage,Other (Printing,if needed,charged separately) Ongoing $ 1,000 OPTIONAL:Video documentation,interviews Mary as lead;hours TBD in As Needed $? and production consultation with city staff 6 0 0 0 Total $ 1,840 -1 F Team work 70 38 16 34 TOTAL $ 19,250 distribution PROPOSAL: Golden Valley Community Engagement 23 EXECUTIVE SUMMARY Police 763-593-8079 / 763-593-8098 (fax) Golden Valley City Council Meeting March 16, 2021 Agenda Item 3. E. 2. Authorization to Sign Funding Agreement with the City of Minneapolis for the Toward Zero Deaths (TZD) Program, Resolution No. 21-11 Prepared By Jason Sturgis, Chief of Police Summary The Police Department partners with the City of Minneapolis in a Toward Zero Death (TZD) grant, with the City of Minneapolis as the fiscal agent. Through the duration of the contract, which ends on September 30, 2021, Golden Valley will be reimbursed for conducting enforcement shifts focusing on impaired driving, speeding, Move Over violations and distracted driving. Financial Or Budget Considerations The City of Golden Valley will be reimbursed up to a maximum of$23,438 for enforcement efforts. Recommended Action Motion to authorize the Mayor and City Manager to sign the Funding Agreement with the City of Minneapolis for the Toward Zero Deaths Grant Program. Motion to adopt Resolution accepting a Grant for the City of Minneapolis and the State of Minnesota for Toward Zero Deaths Enforcement Grant Program Supporting Documents • Funding Agreement with the City of Minneapolis for the TZD Grant (10 pages) • Resolution No. 21-11 -Accepting a Grant from the City of Minneapolis and the State of Minnesota for TZD Enforcement Grant Program (1 page) FUNDING AGREEMENT BETWEEN CITY OF MINNEAPOLIS AND THE CITY OF GOLDEN VALLEY FOR THE SUBGRANT FROM STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY, TOWARD ZERO DEATHS ENFORCEMENT GRANT PROGRAM THIS CONTRACT, entered into as of this 1st day of October 2020, by and between the CITY OF MINNEAPOLIS, a Minnesota municipal corporation (herein called the "City"), and the CITY OF GOLDEN VALLEY, a Minnesota municipal corporation (herein called the "Grantee"). WHEREAS,in cooperation with Grantee, the City has made application (the"Application")to the State of Minnesota, Department of Public Safety, Office of Traffic Safety (the"Grantor") and has received funds in the amount of$288,725 from the Grantor's Zero Deaths Enforcement Grant Program ("Enforcement Grant") and entered into an agreement with the Grantor(the"Enforcement Grant Contract"); and WHEREAS,the City in its Enforcement Grant application agreed to serve as fiscal agent and to award some of the proceeds of the Enforcement Grant in an amount not to exceed $23,438 (the "Subgrant")to Grantee, to pay or reimburse Grantee costs associated with the payment of overtime to traffic enforcement officers as part of the increased enforcement program targeting impaired driver, inattentive drivers and young adult and juvenile violators of speed limits and other traffic laws. NOW, THEREFORE,it is agreed between the parties hereto that: 1. AWARD. The City hereby awards the Subgrant to Grantee for the payment of overtime to Grantee's Police Officers who engage in enforcement of speed limits, other traffic violations, impaired, and inattentive driving under the terms of the Enforcement Grant. Exhibit A consists of Application Exhibit A-1 and the Enforcement Grant Contract between the City and the Grantor attached hereto as Exhibit A-2, the contents of which is incorporated herein (the "Program"). The Subgrant must be used exclusively to pay or reimburse only expenses authorized under the Enforcement Grant Contract. Notwithstanding anything herein to the contrary, the Grantee understands and agrees that any reduction or termination of the State Enforcement Grant Contract may result in a like reduction or termination of the Subgrant Contract, and that any material change in the timeline, scope of the Program or description of the services in the Enforcement Grant Contract will result in material changes to the Subgrant Contract. 2. PERFORMANCE MONITORING. The Grantee must comply with all requirements in the Enforcement Grant Contract and submit any reporting information on the Program that may be requested by the Grantor. A default by the Grantee under the Enforcement Grant Contract will constitute noncompliance with this Subgrant Contract. PM 912-28721 1 If the City or Grantor finds that there has been a failure to comply with the provisions of this Subgrant Contract or that reasonable progress has not been made toward performance under the Program, notwithstanding any other provisions of this Subgrant Contract to the contrary and after written notice and reasonable opportunity to cure, the City may refuse to disburse additional funds and/or require the return of all or part of the Subgrant funds already disbursed, to the extent such funds were used for purposes other than activities contemplated by this Subgrant Contract. If action to correct such substandard performance is not taken by the Grantee within sixty (60) calendar days (or such longer period specified by the City) after being notified in writing by the City, the City may terminate this Subgrant Contract. Notwithstanding anything in this Subgrant Contract to the contrary, if for any reasons other than those caused solely by the City's negligence in managing the Enforcement Grant the Grantor requires the City to repay any or all of the Subgrant, Grantee unconditionally guarantees that it will repay whatever funds that have been paid to Grantee that are required to be returned to the Grantor within thirty (30) days of written notification of the Grantor's requirement. The Grantee agrees to pay any and all expenses incurred by the City to enforce this provision to the extent such expenses are caused by the Grantee. This provision shall survive expiration or termination of this Subgrant Contract. 3. TIME OF PERFORMANCE. Grantee shall undertake the Program on or before the date of this Contract and complete the Program by September 30, 2021 (the "End Date") or such other date as may be agreed to by the City and the Grantee. The City is not obligated to pay for any Program costs incurred after September 30, 2021 or any earlier termination or cancellation, whichever occurs first. This Contract may be cancelled by the City upon sixty (60) days' notice to Grantee without cause. In the event of such cancellation, Grantee shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed up to the effective date of such cancellation. Cancellation does not alter the City's or Grantor's authority to recover Subgrant funds on the basis of a later audit or other review, and does not alter Grantee's obligation to return any Subgrant funds due to the City or Grantor as a result of later audits or corrections. 4. DISBURSEMENT. It is expressly agreed and understood that the total, estimated, amount to be paid by the City under this Contract will not exceed $23,438. The Grantee shall allocate and spend the Enforcement Grant as follows: (a) $16,650 for impaired driving enforcement; (b) $3,780 for seatbelt enforcement; (c) $1,611 for speed limit enforcement; (d) $155 for Move Over violations; (e) $1,242 for distracted driving enforcement; and (e) $0 to attend the state TZD conference. The exact amount earned by the Grantee and payable by the City will be determined based upon the actual number of hours spent by the Grantee working on the Program. The maximum amount payable is the amount indicated in this Section 4. The City will make disbursements no more often than monthly and only upon receipt of a written disbursement request from Grantee acceptable to the City. Any Grantee's expenditures in excess of the amount indicated in this Section 4 shall be the sole obligation of the Grantee. 5. NOTICES. Communication and details concerning this Contract shall be directed to the following Contract representatives: PM 912-28721 2 ON: Wendy Guck City of Minneapolis Police Department Room 1C, City Hall 350 South Fifth Street Minneapolis, MN 55415 Phone: (612) 673-3415 Grantee: Chief Jason Sturgis City of Golden Valley Police Department 7800 Golden Valley Road Golden Valley, MN 55427 Phone: (763) 593-8079 6. GENERAL CONDITIONS. A. General Compliance. The Grantee agrees to comply with all applicable federal, state and local laws and regulations governing the Program and funds provided under this Contract. B. Independent Grantee. Nothing contained in this Contract is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Grantee shall at all times remain an independent contractor with respect to the services to be performed under this Contract. The City shall be exempt from payment of all unemployment compensation, FICA, retirement, life and/or medical insurance and workers' compensation insurance as the Grantee is an independent contractor. C. Responsibility. Subject to applicable law, including the Minnesota Tort Claims Act, each party shall be responsible for the claims, losses, damages and expenses that are proximately caused by the wrongful or negligent acts or omissions of that party or its agents, employees or representatives acting within the scope of their duties. Nothing herein shall be construed to limit either party from asserting against third parties any defenses or immunities (including common law, statutory and constitutional) it may have or be construed to create a basis for a claim or suit when none would otherwise exist. Neither party shall be liable to each other for any indirect, consequential, incidental, lost profit, or expectancy damages. This provision shall survive the termination of this Agreement. This indemnification shall not be construed as a waiver on the part of either the City or the Grantee of any immunities or limits on liability provided by Minnesota Statutes Chapter 466 or other applicable State or Federal law. D. Workers' Compensation. The Grantee shall provide workers' compensation insurance coverage for its employees involved in the performance of this Contract. PM 912-28721 3 E. Insurance. The City and Grantee each represent that it is self-insured pursuant to applicable law. 7. ADMINISTRATIVE REQUIREMENTS. A. Accounting Standards. The Grantee agrees to maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices to properly account for expenses incurred under this Contract. B. Records. 1. Retention. The Grantee shall retain all records pertinent to expenditures incurred under this Contract until conclusion of the latest of(a) six (6) years after the Grantee has completed the Program; or (b) six (6) years after the resolution of all audit findings. Records for nonexpendable property acquired with funds under this Contract shall be retained for six (6) years after final disposition of such property. 2. Inspections. All Grantee records with respect to any matters covered by this Contract shall be made available to the City, the Grantor or their designees at any time during normal business hours, as often as the City or the Grantor deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. 3. Audits. The Grantee shall have an annual financial compliance audit conducted if required by the Grantor by and in accordance with the City's policy concerning subrecipient audits. In general, this policy applies only to non-profit subrecipients who spend in excess of$50,000 annually from City contracts. The Grantee shall submit two copies of such audit report to the City. Any deficiencies noted in such audit reports or audit/monitoring reports issued by the City or its designees must be fully cleared by the Grantee within a reasonable time period after a request has been received from the City. Failure of the Grantee to comply with the provisions of this paragraph will constitute a violation of this Contract and may result in the withholding of future payments or the requirement for Grantee to return all or part of the funds already disbursed. 4. Data Practices Act. The Grantee and the City shall comply with the Minnesota Government Data Practices Act, Chapter 13. 5. Close-Outs. The Grantee's obligation to the City shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances,program income balances, and receivable accounts to the City), determining the custodianship of records and resolving audit findings. PM 912-28721 4 C. Pam. The City will pay to the Grantee funds available under this Contract based upon information submitted by the Grantee and consistent with any approved budget and City policy concerning payments. In addition, the City reserves the right to liquidate funds available under this Contract for costs incurred by the City on behalf of the Grantee. D. Procurement. The Grantee shall comply with applicable State statutes and Grantee's policy concerning the retention of contractors and the purchase of materials, supplies and equipment and shall maintain an inventory record of all nonexpendable personal property as may be procured with funds provided herein. All unexpended program income shall revert to the City upon termination of this Contract. 8. PERSONNEL AND PARTICIPANT CONDITIONS. A. Civil Rights. 1. Compliance. The Grantee shall comply with its Regents Policies on discrimination, Title 7, Civil Rights Act of 1968 - 42 USC 3601, applicable nondiscrimination provisions contained in Minnesota Statutes Chapter 363A and U.S. Executive Order 11246 as amended by Executive Orders 11375 and 12086. 2. Nondiscrimination. The Grantee will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability or other handicap, age, marital status, or status with regard to public assistance. The Grantee will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 3. Noncompliance. In any event of the Grantee's noncompliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations or provisions herein, this Contract may be cancelled, terminated or suspended, in whole or in part, and the Grantee may be declared ineligible by the Minneapolis City Council from any further participation in City contracts in addition to other remedies as provided by law. 4. Liabili . In the event there is probable cause to believe the Grantee is in noncompliance with the nondiscrimination clauses of this Contract or with any applicable rules or regulations, the City may withhold up to fifteen (15)percent of the Subgrant funds until such time as the Grantee is found to be in compliance or is otherwise adjudicated to be in compliance. B. Affirmative Action. 1. Access to Records. The Grantee shall furnish all information and reports required hereunder, and to permit access to the Grantee's books, records and PM 912-28721 5 accounts for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 2. Notifications. The Grantee shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or worker's representative of the Grantee's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 3. EEO/AA Statement. The Grantee shall, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that it is an equal opportunity or affirmative action employer. C. Conduct. 1. Assignability. The Grantee shall not assign or transfer any interest in this Subgrant Contract(whether by assignment or novation)without the prior written consent of the City;provided, however, that claims for money due or to become due to the Grantee from the City under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. 2. Conflict of Interest/Code of Ethics. The Grantee agrees to be bound by its Administrative Policies on conflicts of interest and code of ethics. 3. Subcontracts. (a) Selection Process. The Grantee shall undertake to ensure that all subcontracts let in the performance of this Subgrant Contract shall be awarded on a fair and open competition basis. Executed copies of all subcontracts along with documentation concerning the selection process shall be forwarded to the City upon request. (b) Monitoring. The City may monitor subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. (c) OSHA. Grantee shall require that contractors performing work being paid with the Subgrant funds be in compliance with all applicable state and federal laws and regulations regarding employment and workplace safety including but not limited to OSHA regulations, especially the Federal Hazardous Waste Operations an Emergency Response Standards (29 C.F.R. 1910.120 and 29 C.F.R. 1926.65). PM 912-28721 6 9. MISCELLANEOUS. A. Cop, ry ight. If this Subgrant Contract results in any copyrightable material, the Grantee is free to copyright the work, but the City and/or the Grantor reserves the right to royalty-free, nonexclusive and irrevocable license to reproduce,publish or otherwise use, and to authorize others to use, the work for government purposes. B. Religious Organization. The Grantee agrees that funds provided under this Subgrant Contract will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization. C. Plain Language Law. To the extent applicable, the Grantee shall comply with provisions of the plain language law requiring written material produced for applicants and recipients to be understandable to a person who reads at the seventh grade level (Minnesota Statutes, Section 268.0124, 1988). D. Governing Law. This Subgrant Contract shall be governed by, and construed in accordance with, the laws of the State of Minnesota. E. Counterparts. This Subgrant Contract may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same agreement. F. Billboards. No Subgrant funds may be used by the Grantee to pay for billboard advertising as provided in the Minneapolis Code of Ordinances, Section 544.120. G. State Re The Requirements. ThRequirements. The Grantee shall comply with all reporting and regulatory requirements of the Grantor. (Signature pages follow) PM 912-28721 Signature page to Funding Agreement IN FURTHERANCE WHEREOF,the parties have executed this Contract as of the date first written above. CITY OF MINNEAPOLIS By: Finance Officer Enterprise Contract Administrator City Purchasing Agent Approved as to form: Assistant City Attorney Department Head Responsible for Administering and Monitoring Contract: MPD Finance Director Police Department PM 912-28721 Signature page to Funding Agreement CITY OF GOLDEN VALLEY Fed. I.D. # By: Its: Mayor By: Its: City Manager PM 912-28721 PM 912-28721 EXHIBIT A STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY, OFFICE OF TRAFFIC SAFETY GRANT PROGRAM DOCUMENTS 1. Grant Application Enforcement Grant Wave Plan 2. City and State of Minnesota, Department of Public Safety, Office of Traffic Safety Grant Agreement PM 912-28721 RESOLUTION NO. 21-11 RESOLUTION ACCEPTING A GRANT FROM THE THE CITY OF MINNEAPOLIS AND THE STATE OF MINNESOTA FOR TOWARD ZERO DEATHS ENFORCEMENT GRANT PROGRAM WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which established a policy for the receipt of gifts; and WHEREAS, the Resolution and Minnesota Statutes, section 465.03 state that a grant or gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following grant on behalf of its citizens: City of Minneapolis subgrant from State of Minnesota Department of Public Safety, Toward Zero Deaths Enforcement Grant Program in the amount of $23,438. Adopted by the City Council of Golden Valley, Minnesota this 16t" day of March, 2021 . Shepard M. Harris, Mayor ATTEST: Theresa J. Schyma, City Clerk city EXECUTIVESUMMARY go 1de 7. Administrative Services 763-593-8013 / 763-593-3969 (fax) Golden Valley City Council Meeting March 16, 2021 Agenda Item 3. F. Approve Resolution No. 21-12 Supporting CommonBond Communities Application for the Brownfield Gap Financing Program (BGFP) Prepared By Myles Campbell, Planner Summary CommonBond Communities is a non-profit organization that works to provide affordable housing throughout Minnesota, Wisconsin and Iowa. The organization also manages Valley Square Commons, a 25-unit townhome development at 749 Winnetka Avenue N. Valley Square provides affordable housing within the community, serving households earning below 60% of the Area Median Income. CommonBond has an opportunity to introduce new Section 8 program benefits for 11 existing households in the development, and these benefits would also carry over to future tenants for the next 20 years. These benefits would help to ease the housing cost burden for these households and for future households. This opportunity does however require an environmental review of the property to ensure no harmful impacts upon residents. An initial phase of Environmental Site Assessment (ESA) has already been conducted on the site, and has indicated the historical presence of commercial uses that may have introduced hazardous materials to the site, requiring another round of assessment to determine if there has been any soil or groundwater contamination. In order to finance the Phase II ESA, CommonBond is seeking grant dollars from Hennepin County, through their Brownfield Gap Financing Program (BGFP). The BGFP provides small grants to non-profit organizations for environmental assessment and clean-up of property within the County. Among the program's specific goals, is the aim to provide funding towards projects that will benefit communities through affordable housing. Projects are eligible for up to $15,000 dollars in a 12-month period, which CommonBond expects would cover the costs for their Phase II ESA. A requirement of the BGFP is a resolution of support from the local municipality. Staff has included such a resolution attached with this executive summary. Given that the provision of affordable housing, and the protection of existing affordable housing units are goals of both the City's 2040 Comprehensive Plan, and the City Council's 2021 vision, staff sees this as a fantastic opportunity to support a local housing provider. The potential benefit to residents, both as a result of understanding the environmental status City Council Regular Meeting Executive Summary 2 City of Golden Valley March 16, 2021 of the site, and through the potential Section 8 Program benefits, are both in line with the City's goals and implementation strategies regarding affordable and equitable housing. Financial Or Budget Considerations N/A, Support for CommonBond's application would require no financial matching or contribution from the City. Recommended Action Motion to adopt Resolution No. 21-12 supporting the Brownfield Gap Financing Program application by CommonBond Communities Attachments • Resolution No. 21-12 (1 page) • Context Map— 749 Winnetka Ave N (1 page) RESOLUTION NO. 21-12 RESOLUTION SUPPORTING APPLICATION BY COMMONBOND COMMUNITIES FOR A BROWNFIELD GAP FINANCING PROGRAM APPLICATION WHEREAS, CommonBond Communities is a housing-based non-profit organization, doing work to advance affordable housing in Minnesota; and WHEREAS, CommonBond Communities also manages the Valley Square Commons, a 25-unit townhome development within the City, for which an Environmental Site Assessment is needed in order to secure certain Section 8 Program benefits; and WHEREAS, CommonBond Communities is seeking funding to cover the cost of this Environmental Site Assessment, via the Brownfield Gap Financing Program administered by Hennepin County; and WHEREAS, The City of Golden Valley has made the provision and protection of affordable housing a priority in its 2040 Comprehensive Plan; and NOW THEREFORE BE IT RESOLVED, by the City Council of Golden Valley that the Council supports CommonBond Communities application to the Minnesota Brownfields' Brownfield Gap Financing program funded with an Environmental Response Fund grant from Hennepin County Department of Environmental Services. Adopted by the City Council of Golden Valley, Minnesota on this 16t" day of March, 2021. Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk 1 r rn S n yl m ry. t � � 43 fi. d 86 r9 •' I l 857 825, �': — Q Z .r �. m 853 821 . y, > t k 849 817 Q � C 845 813 841 809 7 .. C 4 ry ... � 837 805 , 833 801 W i 78,E 783 779-775 771 76.7 763 759 #r 755 751 I 9E Bassett C © � 24 32 25 17 - i N; 31 26 18 2 0 200B Sources: Print Date:311012021 a..i C i vj ` -Hennepin County Surveyors Office for Property go l d e nM, Lines(2 for - Aerial Photography(2018). 749 W i n n et ka Ave N -MnDNR for n Valley Contours(2011) other la V�11 ^� -City of Golden Valley for all other layers. valley o 40 eo 160 Feet EXECUTIVE SUMMARY City Administration 763-593-8006 / 763-593-8109 (fax) Golden Valley City Council Meeting March 16, 2021 Agenda Item 3. G. City Classification Structure Adjustments, Resolution No. 21-13 Prepared By Timothy Cruikshank, City Manager Kirsten Santelices, Human Resources Director Summary Since the City Council's approval of the City's Compensation and Classification structure in December 2020, the City adjusted several positions, including reclassifications of the following positions: • Police Sergeant • Executive Assistant—City Manager's Office • Human Resources Director • Assistant Fire Chief To ensure consistency within its compensation and classification structure, the City engaged its consultant David Drown and Associates (DDA) to review each position and grade them accordingly. Police Sergeant The Sergeant's union completed a classification appeal during the Compensation and Classification study. DDA reviewed the appeal and reclassified the Sergeant's position from grade 14 to grade 15. Executive Assistant—City Manager's Office To meet the needs of the human resources department and City Manager's office, the position responsibilities of the Executive Assistant, formally titled as Assistant to the City Manager's Office have increased. As a result, DDA reclassified the position from grade 5 to grade 6. Human Resources Director The City Manager has promoted the Human Resources Director to Deputy City Manager/HR Director. The promotion is scheduled to take effect March 17, 2021. There are a number of structural reasons to make this change, including firming up the positions' authority around hiring as well as create a seamless chain of command by making the position the Acting City Manager in the Manager's absence. This recreates a similar structure that was in place five years ago. Along with continuing to manage all human resources functions, and overseeing the Equity and Inclusion Manager and Executive Assistant — City Manager's Office, the Deputy City Manager/HR Director will support the City Manager with presentations, budget preparation, short and long-range goals, and special projects and act as the City City Council Regular Meeting Executive Summary 2 City of Golden Valley March 16, 2021 Manager in the Manager's absence. The HR Director position is graded at 19. DDA graded the Deputy City Manager/HR Director position at 21. Assistant Fire Chief The City Manager reorganized the Fire department structure from Fire Chief, Deputy Fire Chief, and Assistant Fire Chief to Fire Chief and two Assistant Fire Chiefs. This structure creates efficiencies within the department and the ability to distribute key responsibilities and authority evenly. Due to the redistribution of authority DDA changed the grade of the Assistant Chief from grade 13 to grade 15. The City will remove the Deputy Fire Chief (graded at 16) from the Classification structure. Financial Or Budget Considerations 2021 Impact Sergeant: salary and benefits increase is approximately $24,100 and will be absorbed in the Police department budget. Executive Assistant—City Manager's Office: No 2021 budget impact. Human Resources Director: salary is $3,900 and will be absorbed in the City Manager's budget. Assistant Fire Chief: No 2021 budget impact. Recommended Action Motion to Approve Resolution No. 21-13 Adopting Updated Classification Table. Supporting Documents Resolution No. 21-13 Adopting Updated Classification Table RESOLUTION NO. 21-13 RESOLUTION APPROVING IMPLEMENTATION OF 2020 COMPENSATION STUDY AND ESTABLISHING COMPENSATION GRID AND CLASSIFICATION TABLE WHEREAS, in 2020, the City conducted a full compensation and classification study (the "Study") to ensure the City is paying competitive and fair wages to its employees; and WHEREAS, on December 15, 2020 the City Council approved implementation of the Study; and WHEREAS, on December 15, 2020, the City Council adopted the following compensation grid for the City: Compensation Grid 4.9% 4.9% 4.9% 4.9% 4.9% 4.9 Grade 1 2 3 4 5 6 7 1 $18.67 $19.58 $20.54 $21.55 $22.60 $23.71 $24.87 2 $19.79 $20.75 $21.77 $22.84 $23.96 $25.13 $26.36 3 $20.97 $22.00 $23.08 $24.21 $25.39 $26.64 $27.94 4 $22.23 $23.32 $24.46 $25.66 $26.92 $28.24 $29.62 5 $23.79 $24.95 $26.17 $27.46 $28.80 $30.21 $31.69 6 $25.45 $26.70 $28.01 $29.38 $30.82 $32.33 $33.91 7 $26.72 $28.03 $29.41 $30.85 $32.36 $33.95 $35.61 8 $27.79 $29.16 $30.58 $32.08 $33.65 $35.30 $37.03 9 $28.91 $30.32 $31.81 $33.37 $35.00 $36.72 $38.51 10 $30.35 $31.84 $33.40 $35.03 $36.75 $38.55 $40.44 11 $34.30 $35.98 $37.74 $39.59 $41.53 $43.56 $45.70 12 $36.35 $38.14 $40.00 $41.96 $44.02 $46.18 $48.44 13 $38.17 $40.04 $42.00 $44.06 $46.22 $48.49 $50.86 14 $39.70 $41.64 $43.68 $45.82 $48.07 $50.43 $52.90 15 $41.68 $43.73 $45.87 $48.12 $50.47 $52.95 $55.54 16 $44.18 $46.35 $48.62 $51.00 $53.50 $56.12 $58.87 17 $46.84 $49.13 $51.54 $54.06 $56.71 $59.49 $62.41 18 $51.05 $53.55 $56.18 $58.93 $61.82 $64.84 $68.02 19 $53.60 $56.23 $58.98 $61.87 $64.91 $68.09 $71.42 20 $56.28 $59.04 $61.93 $64.97 $68.15 $71.49 $74.99 21 $59.10 $61.99 $65.03 $68.22 $71.56 $75.07 $78.74 22 $62.64 $65.71 $68.93 $72.31 $75.85 $79.57 $83.47 23 $66.40 $69.66 $73.07 $76.65 $80.40 $84.34 $88.48 WHEREAS, the City also adopted a Classification Table that assigned a grade to each position within the City; and WHEREAS, since the Classification Table was adopted, 4 positions have been reclassified; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that: 1 . The City hereby adopts the following updated Classification Table: New Grade Title 1 Facilities Coordinator 2 Community Service Officer Guest Services Specialist Recreation Coordinator .50 3 Administrative Assistant— Fire Department Lead Community Service Officer 4 Administrative Assistant— Parks And Recreation Engineering Assistant Inspections & Development Assistant Lead Cook Turf Maintenance Assistant 5 Accounting Technician Assessments/Accounts Payable Technician Motor Vehicle License Clerk Planning Assistant Police Assistant Public Works Assistant 6 Custodial Maintenance Specialist Executive Assistant - City Manager's Office Head Chef/Kitchen Supervisor Inspections Administrative Specialist Physical Development Assistant/Deputy City Clerk Utility Billing Specialist 7 Communications Specialist Golf Operations Coordinator Maintenance Worker/Mechanic Park Maintenance Worker Street Maintenance Worker Turf Equip Technician /Mechanic Utilities Maintenance Worker Web/Graphic Designer 8 Environmental Specialist Fire Inspector I Information Technology Technician Public Works Inspector Utilities Specialist Vehicle Maintenance Worker/Mechanic 9 City Forester Engineering Technician II Water Distribution Specialist Park Maintenance Field Supervisor Street Maintenance Field Supervisor Utilities Maintenance Field Supervisor Vehicle Maintenance Field Supervisor 10 Assistant Golf Operations Manager Engineering Technician III GIS Specialist Planner Police Operations Supervisor 11 Accountant Accounting Coordinator Building Inspector Crime Analyst Supervisor Deputy Registrar Supervisor Equity and Inclusion Manager Greens & Turf Specialist Information Technology Specialist Patrol Officer Recreation & Facilities Supervisor Recreation Supervisor 12 Golf Maintenance Supervisor Restaurant & Catering Manager 13 City Clerk 14 Assistant City Engineer Environmental Resources Supervisor Golf Operations Manager Park Superintendent Street And Vehicle Maintenance Superintendent Utilities Superintendent 15 Assistant Fire Chief Building Official Sergeant 16 Information Technology Supervisor Planning Manager 17 Police Commander 18 City Engineer Communications Director 19 Finance Director Fire Chief Parks & Recreation Director Physical Development Director Public Works Director 21 City Attorney Deputy City Manager/Human Resources Director Police Chief 23 City Manager 2. The Council shall approve all classification changes that increase the budget. Changes to job title and other modifications that do not increase the budget shall not require Council approval. The most current Job Classification Grid shall be kept on file with the Human Resources Department. Adopted by the City Council of Golden Valley, Minnesota this 16th day of March, 2021 . Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting March 16, 2021 Agenda Item 4. A. Public Hearing—Text Amendments to Allow Rowhouses in the R-2 Zoning District Prepared By Jason Zimmerman, Planning Manager Summary Following the adoption of the City's 2040 Comprehensive Plan and the HRA Housing Strategic Five Year Plan, staff has worked with the Planning Commission to explore the possibility of adding rowhouses as a housing type to the Moderate Density Residential (R-2) Zoning District. This change would provide a new variety of housing at an already approved moderate density in locations along targeted transportation corridors. The zoning text amendment was considered at the Planning Commission meeting on February 22, 2021. The Commission voted unanimously (6-0) to recommend approval of the proposed language. This item requires only one reading at the City Council. Accompanying modifications to the Subdivision Chapter of the City Code require two readings; the first reading will be considered in concert with the zoning changes. Background Since first discussing the topic in September of 2020, the Planning Commission has held numerous discussions to explore the possibility of expanding the types of housing allowed in the R-2 zoning district to include rowhouses. Sample regulations from other communities were reviewed and Commissioners expressed support for considering the use if the appropriate restrictions around setbacks, height, and other design aspects could be adequately addressed. Broadly, rowhouse structures would be limited to up to four attached units—side by side as opposed to up and down —and accessed through individual front doors. The height of these homes would be only slightly greater than that allowed for other single-family homes and duplexes in the R-2 zoning district, and an increase in side and rear setbacks is recommended to account for this. Any rowhouses created would be limited to the same residential density already approved for the Moderate Density Residential land use by the 2040 Comprehensive Plan. The Planning Commission felt basic Architectural and Material Standards should be included with this new housing type. City Council Regular Meeting Executive Summary 2 City of Golden Valley March 16, 2021 The proposed zoning text changes needed to accommodate rowhouses requires modifications to three sections of the zoning chapter and one section of the subdivision chapter, all detailed below. Staff has organized the remainder of this portion of the memo to reflect recommended modifications to code text (in red, with ek language to be removed and bold language to be added), followed by additional explanatory text in black. Sec. 113-1. - Definitions. Rowhouse: A building consisting of a row of contiguous single-family attached dwelling units joined only by shared sidewalls and with each unit having separate and individual front and rear entrances. Under this new definition, a rowhouse structure consists of attached single-family units, each of which are considered to be separate buildings under the existing definition of Building in the zoning code (since the units are separated by dividing walls without openings). This remains true regardless of ownership and therefore the units may be rental or owner-occupied. This differs from other types of multi-unit buildings, including apartments (which have shared entries and corridors) and townhouses (which also consist of separate "buildings" but must be part of a common interest community). Sec. 113-89. - Moderate Density Residential (R-2) Zoning District. Purpose. The purpose of the Moderate Density Residential (R-2) Zoning District is to provide for single- family, a-R4 two-family, and rowhouse dwellings at a moderate density(up to eight units per acre) along with directly related and complementary uses. Each zoning district listed in the zoning chapter begins with a purpose statement. The possibility was raised of modifying the R-2 statement in order to highlight the important qualities of this district and add depth to the evaluation of the criteria of demonstrating "harmony with the general purpose and intent of the ordinance" when a variance request is being considered. While the language of the zoning regulations may not explicitly discourage anyone from applying for a variance, adding detail to the purpose statement could provide additional benchmarks against which a variance request would be measured. For example, an emphasis on the open spaces between structures or on vegetated lot coverage would add more detail for the Board of Zoning Appeals to consider when it evaluates the "harmony' of a request. This potential change is not explicitly linked to the addition of rowhouses to the zoning district. Staff has received direction that a policy change such as this should only be pursued after receiving direction from the City Council. Therefore, staff recommends limiting changes to the purpose statement to include rowhouses and discussing other potential changes within the draft 2021 Work Plan when it is reviewed by the Council in May. Principal Uses. The following principal uses shall be permitted in the R-2 Zoning District: City Council Regular Meeting Executive Summary 3 City of Golden Valley March 16, 2021 (1) Single-family dwellings, consistent with the City's Mixed-Income Housing Policy (2) Two-family dwellings, consistent with the City's Mixed-Income Housing Policy (X) Rowhouses with up to four attached units, consistent with the City's Mixed-Income Housing Policy (3) Foster family homes (4) Residential facilities serving six or fewer persons; and (5) Essential services, Class I. Residential Facilities Residential facilities, also known as "group homes," are facilities that are designed to serve vulnerable adults and/or children, many of whom have disabilities. Under State statute, municipalities are required to allow these by-right within certain guidelines around the number of people involved. Where single-family dwelling units are allowed, residential facilities of up to six persons must be permitted by-right. Given that a rowhouse would consist of three or four separate single-family units, in theory any one (or more) of those units could contain a residential facility of up to six persons by- right. In speaking with the City's Building Official, there are additional construction and/or existing code requirements that could come in to play, depending on the type of residents inhabiting this space. Therefore, the conversion of a single-family unit to a residential facility is likely more complicated than simply replacing one with the other. Overall, the densities allowed for a residential facility (up to six persons) are roughly the same as those allowed for a single-family dwelling (a "family" of up to five unrelated persons or more persons if they are related by blood, marriage, or adoption). Principal Structures. Principal structures in the R-2 Zoning District shall be governed by the following requirements: Setback Requirements. a. Front Setback. The required minimum front setback for single-family and two-family dwellings shall be 35 feet from any front lot line along the street right-of-way line and for rowhouses 25 feet from any front lot line along the street right-of-way line. b. Rear Setback. The required rear setback for single-family and two-family dwellings shall be 25 feet and for rowhouses shall be 35 feet. c. Side Setbacks. In the case of rowhouse lots, the side setbacks for any portion of a structure 20 feet or less in height shall be 20 feet. Any portion of a structure greater than 20 feet in height shall be stepped back an additional 15 feet from the side lot line. Front setbacks are 35 feet for single-family homes and duplexes. For R-3 and R-4 buildings, the front setback is only 25 feet. Commissioners indicated this reduced setback is more appropriate for a rowhouses which is meant to have a greater street presence. Rear setbacks in the R-1 and R-2 district are 25 feet. In the R-3 district it is 30 feet adjacent to an R-1 zoned property or 20 feet in other instances. In the R-4 district it is 40 feet adjacent to an R-1 zoned City Council Regular Meeting Executive Summary 4 City of Golden Valley March 16, 2021 property or 20 feet in other instances. Staff feels the potential height of a rowhouse makes an increased setback more appropriate and has recommended 35 feet in all situations. Side setbacks are variable in the R-1 and R-2 district, dependent on the width of the lot. Given the minimum lot width being proposed, the side setback would be 15 feet under the existing regulations. With the potential for increased height, staff believes this distance should be increased to 20 feet. The same tent-shaped building envelope would be applied, tipping in at a 2:1 slope once a structure rose above 15 feet in height at the side setback line. This restriction is accompanied by a stepping back of an additional 15 feet from the side property line any portion of the structure greater than 20 feet in height. Height Restrictions. No principal structure for a single-family or two-family dwellings shall be erected in the R-2 Zoning District with a building height exceeding 28 feet as measured from the average grade at the front building line. No principal structure for a rowhouse shall be erected in the R-2 Zoning District with a building height exceeding 35 feet as measured from the average grade at the front building line to the highest point of the structure or exceeding three stories, whichever is less. The average grade for a new structure shall be no more than one foot higher than the average grade that previously existed on the lot. The usual maximum height in an R-1 or R-2 zoning district is 28 feet as measured from average grade to the midpoint of the highest pitched roof. Commissioners recommended increasing this height to allow for the potential for tuck-under garages. Many other cities use 35 feet as a maximum height (measured not to the midpoint of the pitched roof but overall height). Staff is recommending 35 feet or three stories, whichever is less. Rowhouse Unit Requirements. No individual unit within a rowhouse shall have a width of less than 24 feet as measured from the interior faces of the shared dividing walls. Units shall be side by side and each unit shall have an individual front entrance. Staff research suggested a minimum unit width of 24 is appropriate, though a wider unit would be allowed. In order to reinforce the rowhouse feel, individual front entrances are required. Accessory Structures. Accessory structures in the R-2 Zoning District shall be governed by the following requirements: Location. A detached accessory structure on a rowhouse lot shall be located completely to the rear of the principal structure Area Limitations. Each single-family or two-family lot is limited to a total of 1,000 square feet and each rowhouse lot is limited to a total of 2,200 square feet of the following accessory structures: detached and attached garages, detached sheds, greenhouses, and gazebos. Swimming pools are not included in this requirement. No one detached accessory structure for a single-family or two- family lot may be larger than 800 square feet in area and for a rowhouse lot 1,100 square feet in area. nr., -,,.Gess Fy s46i WFe ever P-nn squar feet OR aF a r gbiiFes a b6iildiRg r,,,-,. it No accessory structure shall occupy a footprint larger than that of the principal structure. All accessory structures are subject to the State Building Code and City ordinances. City Council Regular Meeting Executive Summary 5 City of Golden Valley March 16, 2021 As in other residential zoning districts, accessory structures (primarily garages) should be located to the rear of the primary structure. Current regulations limit the total accessory square footage to 1,000 square feet—this must be increased if three or more units make up the rowhouse. In order to accommodate two garage spaces per unit, the maximum accessory square footage allowed for rowhouses is recommended to be increased to 2,200 square feet. In addition, limits to the size of any one detached accessory structure (1,100 square feet) would prevent the construction of one large garage building— required overall garage space be reduced in size or split into two structures. Garage Provisions—Measurement of Front Facade. In the case of a single-family dwelling, the width of the front facade shall be the direct, linear, horizontal distance between the dwelling's exterior side walls at the front fagade's widest point. In the case of a two-family or rowhouse dwelling, the width of the front fagade shall be the direct, linear, horizontal distance between the dwelling unit's side boundary walls at the front fagade's widest point. A slight adjustment in language around garages is needed to regulate garage widths for rowhouses in addition to single-family and two-family dwellings. Buildable Lots. No dwelling or accessory structure shall be erected for use or occupancy as a residential dwelling on any tract of unplatted land which does not conform with the requirements of this section, except on those lots located within an approved plat. (1) Single-Family Dwellings. A lot of a minimum area of 6,000 square feet and a minimum width of 50 feet at the front setback line shall be required for one single-family dwelling. (2) Two-Family Dwellings. A lot of a minimum area of 10,000 square feet and a minimum width of 100 feet at the front setback line shall be required for a two-family dwelling. (3) Rowhouses. A lot of a minimum area of 5,500 square feet per unit shall be required for a rowhouse. In order to remain in the target density range approved within the 2040 Comprehensive Plan, any structure with multiple attached units would need to target approximately 5,500 square feet per unit. Staff considered requiring a minimum lot width for rowhouses, similar to that required for single-family and duplex units, but Commissioners determined that the combined minimum widths of side setbacks and individual units would ensure any rowhouse would sit on a sufficiently large lot. Therefore, the proposed requirement was dropped. Lot Coverage. For single-family and two-family lots, structures, including accessory structures, shall not occupy more than 30 percent of the lot area. For rowhouse lots, structures, including accessory structures, shall not occupy more than 35 percent of the lot area. The percentage of an R-2 lot that can be covered by buildings is currently limited to 30% of the lot area. Adding up the likely footprint of the principal structure and any detached garage space, staff recommends this amount be increased to 35% of the lot area for a rowhouse lot. Paved Areas—Street Access. Each lot may have only one street curb cut access, except the following lots may have multiple bip te twe street curb cut accesses: City Council Regular Meeting Executive Summary 6 City of Golden Valley March 16, 2021 a. A single-family or two-family lot that contains two legally constructed garages may have up to two street curb cut accesses. b. A rowhouse lot that contains three or four legally constructed garages may have up to one street curb cut per garage. In order to accommodate multiple units with multiple garages, the current code language needs to be adjusted to allow for up to one curb cut per garage (or unit). The rowhouse regulations allow for these garages to be on the street side or behind the structure, and multiple driveways could be consolidated into fewer curb cuts. The final determination on the number of curb cuts allowed would be made on a case by case basis working with Engineering and Public Works staff. Sec. 113-157.—Architectural and Material Standards. Rowhouses in Moderate Density Residential(R-2)Zoning Districts. (1) Architectural a. Fagades. Facades greater than 40 feet in length shall be visually articulated into smaller intervals by: 1. Stepping back or extending forward a portion of the facade 2. Providing variation in materials, texture, or color 3. Placement of doors, windows, and balconies Buildings shall have a defined base, middle, and top, and employ elements that relate to the human scale and appeal to pedestrians, such as doors and windows, projections, or awnings and canopies. A middle is not required on a one-story building. b. Openings. Views into and out of the building shall be provided to enliven the streetscape and enhance security. Windows and door openings shall comprise at least 20 percent of the area of the ground floor facade facing the primary street. Window and door openings shall comprise at least 15 percent of the area of the side and rear ground floor facades. On upper stories, windows shall comprise at least 15 percent of the facade area. Window and door openings shall be clear or slightly tinted to allow unobstructed views into and out of buildings. Window shape, size, and patterns shall emphasize the intended organization and articulation of the building facade. c. Entrances. Building entrances shall be provided on the primary street on which the building fronts, in addition to any entrances from rear parking areas. Street entrances shall be lighted and defined by means of a canopy, portico, recess, or other architectural details. d. Screening. Utility service structures (such as utility meters, utility lines, and transformers), refuse and recycling containers, and other ancillary equipment must be inside a building or be screened from off-site views. Rooftop equipment shall be screened from view from the public right-of-way by a parapet wall or a fence the height of which extends at least one foot above the top of the rooftop equipment and is compatible with exterior materials and architectural features of the building. City Council Regular Meeting Executive Summary 7 City of Golden Valley March 16, 2021 (2) Materials a. Front facades, and side are rear facades visible from the public right-of-way, shall be composed of at least 50% Class I materials and no more than 10% Class III materials. b. Side and rear facades not visible from the public right-of-way shall be composed of at least 40% Class I materials and no more than Class III materials. c. Each facade must utilize a minimum of two types of Class I materials. Current regulations for architectural and material standards are not applied to the R-1 and R-2 zoning districts, following a practice of allowing for creativity and individuality when it comes to the design of single-family (and duplex) structures. Commissioners recommended adding rowhouses to the list of uses that are addressed by these requirements, similar to how structures in the R-3 and R-4 districts are handled. Sec. 109-123. - Minor Subdivision for a Residential Zero Lot Line Home. All of the following conditions shall be met before a minor subdivision for a residential zero lot line home shall be approved: (1) Thin tE°de Each newly created lot shall individually be exempt from the minimum lot size and width requirements found in the R-2 Zoning District provisions of Chapter 113, but in combination the lots shall meet said requirements. Other requirements of this division shall be met as stated. (2) The property and structure must be able to be split into ewe substantially equal sections, except as necessary to meet the wider corner lot requirement, and except that developmentally unsuitable portions of a lot may be discounted. Rowhouses may be allowed wider lots for end units. (3) The structure must meet current building code standards for firewall separation, which may be created by new construction or an addition to existing construction. (4) Separate utility services must be provided. (5) The owner of the property to be subdivided shall execute and record at owner's expense a "Declaration of Covenants, Restrictions and Conditions." Said document shall be used to protect the rights of the individual owners sharing the single structure as to maintenance and repair and reconstruction in case of damage to the original structure. Specifically, it shall provide protection to the property owners and the City on the following: a. Building and use restriction. b. Party walls and other necessary common easements, including utilities and access. c. Submission to binding arbitration of disputes between owners. (6) The City shall be a beneficiary to these "Declarations of Covenants, Restrictions and Conditions." They shall be submitted for review by the Planning Commission and the Council at the time the proposed subdivision is reviewed. The City Attorney shall also review the "Declarations of Covenants, Restrictions and Conditions." Changes to the document shall be made if so recommended by the City Attorney. The cost of such review shall be paid by the applicant. (7) No building permit shall be issued on any of the property until proof of recording the "Declarations of Covenants, Restrictions and Conditions" has been submitted to the City. City Council Regular Meeting Executive Summary 8 City of Golden Valley March 16, 2021 (8) Any other conditions shall be imposed that the City deems necessary to ensure compatibility with surrounding structures or to ensure a reasonable division of property. In order to accommodate the possibility of owner-occupied zero lot line rowhouse units, Section 109- 123 of the City Code must also be modified. Instead of limiting zero lot line arrangements to only duplexes, the revised code language would allow similar layouts for three and four unit rowhouses. All of the above recommendations are summarized the table below: Existing R-2 Regulations Potential Rowhouse Regulations Density Rowhouse: 5,500 sf/unit min which translates Single-family: 6,000 sf min (6,000 sf/unit) to 16,500 sf for 3 units or 22,000 sf for 4 units Duplex: 10,000 sf min (5,000 sf/unit) Lot width Single-family: 50 feet Rowhouse: no minimum lot width Duplex: 100 feet (or 50 feet per lot for zero requirement lot line units) Units per run 4 units max Minimum width per unit 24 feet Building layout Side by side (not stacked) dwelling units with individual direct entrances Height: 28 feet to the midpoint of the highest Maximum of 35 feet or 3 stories, whichever is roof less Setbacks Front: 35 feet Front: Decrease to 25 feet Rear: 25 feet Rear: Increase to 35 feet Side: varies by lot width Side: Increase to 20 feet Accessory structures • To the side or rear of the primary structure • Only allowed to the rear of the structure • 5 feet from a rear or side property line • Amount of accessory space allowed • No more than 1,000 sf of total area increased to 2,200 sf of total area • Garage width limited to 65% of front fa4ade • No one structure more than 1,100 sf • Garage width requirement remains the same Lot coverage (buildings): 30% Increase to 35% Two curb cuts possible with two legal garages Three curb cuts possible for a rowhouse No Architectural or Material Standards Requirements around fa4ades, openings, entrances, screening, and use of materials added for rowhouses Zero Lot Line Homes allowed for duplexes Zero Lot Line Homes also allowed for rowhouses Financial Or Budget Considerations There are no financial or budgetary consideration for the City. City Council Regular Meeting Executive Summary 9 City of Golden Valley March 16, 2021 Recommended Action Motion to adopt Ordinance #705, Amending Section 113-1, Section 113-89, and Section 113-157 - Allowing for the Construction of Rowhouses. Motion to adopt Resolution No. 21-14 Approving Summary Publication of Ordinance No. 705 Motion to adopt First Consideration of Ordinance #706, Amending Section 109-123 -Allowing Owner- Occupied Dwelling Units in Rowhouses. Supporting Documents • Memos to the Planning Commission dated September 29, November 23, and December 28, 2020, and February 9 and February 22, 2021 (25 pages) • Planning Commission Minutes dated September 29, November 23, and December, 28, 2020, and February 8 and February 22, 2021 (13 pages) • Ordinance #705—Amending Section 113-1, Section 113-89, and Section 113-157 -Allowing for the Construction of Rowhouses (5 pages) • Underline-Overstruck Language from Section 113-1, Section 113-89, and Section 113-57 (4 pages) • Resolution No. 21-14 Approving Summary Publication of Ordinance No. 705 (1 page) • Ordinance #706—Amending Section 109-123 -Allowing Owner-Occupied Dwelling Units in Rowhouses (1 page) • Underline-Overstruck Language from Section 109-123 (1 page) city f01 MEMORANDUM golden valley Planning Department 763 593 8095/763 593 8109(fax) Date: September 29, 2020 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Discussion — Modifying the Moderate Density Residential (R-2) Zoning District to Allow Rowhouses Summary Staff will present information and lead a discussion around the potential for amending the R-2 zoning district to allow for rowhouses. Sample regulations from other metro communities will be reviewed. Background Over the past two years, the Planning Commission has expressed interest in modifying the Moderate Density Residential (R-2) Zoning District to allow for the construction of rowhouses or other attached townhome structures in an effort to expand the variety of housing types available for residents, while still maintaining a moderate density range. As the City moves forward with rezoning certain properties to align with the 2040 Comprehensive Plan, the time is right to consider amending the Zoning Chapter. Staff reviewed the zoning regulations of a handful of other metro communities with zoning designations roughly equivalent to Golden Valley's R-2 zoning district. District Uses allowed St. Louis Park R-3 Conditional for cluster housing up to 4 attached units Minnetonka R-3 Permitted for up to 4 attached units Roseville MDR Permitted for 3 to 8 attached units Richfield MR-2 Permitted for up to 8 units Analysis Density In order to remain in alignment with the land use designations included in the 2040 Comprehensive Plan, the overall density of any residential development within an R-2 zoned property must remain below eight units per acre. The current R-2 regulations allow single-family 1 homes to be constructed on lots of 6,000 square feet and duplexes to be constructed on lots of 10,000 square feet. In order to remain in the target density range, any structure with multiple attached units would need to target approximately 5,500 square feet per unit (lots sizes of approximately 16,500 square feet for three attached units; 22,000 square feet for four attached units, etc.) St. Louis Park Minnetonka Roseville Richfield Area per unit One-half acre 3,600 to 10,000 3,600 sq ft 15,000 sq minimum lot size sq ft depending minimum lot size (roughly 5,500 sq on low or (roughly 2,000 sq ft per unit with medium density ft per unit with four units) designation eight units) Unit Count and Layout The Planning Commission should consider the style and intensity of the potential structures that might be constructed. Much of the past conversation has centered on rowhouses (side by side or adjacent units) rather than arrangements such as stacked units or other layouts. Up to four attached units appears to be a common threshold in other metro communities. This allows for a slight concentration of units while still maintaining moderately sized structures as well as regular spacing between buildings. A side by side layout also encourage individual entries versus a common or shared entry. Height Currently, height in the R-2 zoning district is limited to 28 feet to the midpoint of the highest pitched roof. In looking at the height restrictions used by other cities, it appears many have comparable limitations (though they may measure to the highest point instead of to a midpoint). A few cities add five feet to the allowed height as compared to their single-family districts. It appears reasonable to staff to maintain our existing height limits for any rowhouses constructed in the R-2 district. St. Louis Park Minnetonka Roseville Richfield Building height Three stories or Maximum of 35 Maximum of 35 Maximum of 35 35 feet, feet feet feet whichever is less Setbacks and Lot Width R-2 side setbacks are currently established to match the side setbacks in the R-1 zoning district (15 feet, 12.5 feet, or a variable setback for existing narrow lots) for both single-family and two- family housing. Rear setbacks are established as 25 feet. Minimum lot width is 50 feet for single- family lots and 100 feet for two-family lots. There are a wide variety of side setbacks in these districts in other communities, ranging from 5 feet to 20 feet or more. Some add distance based on the height of the structure. Rear setbacks 2 tend to be larger, in the 40 to 50 feet range. A majority of the codes examined did not have a minimum lot width. St. Louis Park Minnetonka Roseville Richfield Side setbacks Variable due to 15 feet plus 2 5 to 8 feet 20 feet or height cluster housing feet for every of building, foot in height whichever is over 25feet greater Rear setback Variable due to 40 feet 45 feet 25 feet of height cluster housing of building, whichever is greater Lot width NA NA NA 75 feet Other Features Additional design features to consider include: individual entries, front porches, location of garages, options for zero lot line/condominium units, etc. Staff Request At this time, staff is looking for feedback on the following questions: 1. What are the preferred styles of housing that should be pursued? 2. How many attached units should be allowed within each building? 3. Are any changes necessary to the current height regulations? 4. What are the appropriate targets for side and rear setbacks? 5. What other architectural features should be discussed and/or researched? A series of images of attached unit (rowhouse) structures will be shared at the meeting to focus discussion. 3 city f01 MEMORANDUM golden valley Planning Department 763 593 8095/763 593 8109(fax) Date: November 23, 2020 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Discussion — Modifying the Moderate Density Residential (R-2) Zoning District to Allow Rowhouses Summary Staff will present information and lead a discussion around the potential for amending the R-2 zoning district to allow for rowhouses. Background At its September 29 meeting, the Planning Commission had an initial discussion around the possibility of expanding the types of housing allowed in the Moderate Density Residential (R-2) Zoning District to include rowhouses. Staff presented zoning regulations from a few local communities that allow a similar house type, and Commissioners expressed support for considering the use if the appropriate restrictions around lot area, setbacks, and height could be addressed. Staff is now providing examples of similar regulations from two other major cities: Cincinnati and Denver. In addition, attached is a selection from a 1962 American Planning Association report on Row Houses for some historical perspective on this type of housing. Analysis After looking at the regulations from other cities and studying Golden Valley's current zoning for the R-2 zoning district, staff has outlined potential rowhouse regulations below that address a number of areas of design. Density— In order to remain in the target density range approved within the 2040 Comprehensive Plan, any structure with multiple attached units would need to target approximately 5,500 square feet per unit. Lot width —A single-family home in the R-2 district needs 50 feet of width; a duplex needs 100 feet. Logically, a three unit attached rowhouse might require 150 feet of width. Minimum side 1 setbacks and minimum unit width requirements would then determine the necessary width for rowhouses with more than three units. Units per run—Three units minimum; Commissioners should consider an upper limit of four to six units. Minimum width per unit— Most designers recommend a minimum of 20 feet per unit, though outside units may be wider to take advantage of corner views. Building layout— Rowhouses should be side by side units (not stacked up and down) and each unit should have an individual front entrance. Height—The usual maximum height in an R-1 or R-2 zoning district is 28 feet as measured from average grade to the midpoint of the highest pitched roof. Commissioners discussed the possibility of increasing this height to allow for the potential for tuck-under garages. Many other cities use 35 feet as a maximum height (measured not to the midpoint of the pitched roof but overall height). Staff is suggesting 35 feet or three stories, whichever is less. Setbacks— Front setbacks are 35 feet for single-family homes and duplexes. For R-3 and R-4 buildings, the front setback is only 25 feet. Staff feels this reduced setback is more appropriate for a rowhouses which is meant to have a greater street presence. Rear setbacks in the R-1 and R-2 district are 25 feet. In the R-3 district it is 30 feet adjacent to an R-1 zoned property or 20 feet in other instances. In the R-4 district it is 40 feet adjacent to an R-1 zoned property or 20 feet in other instances. Staff feels the potential height of a rowhouse makes an increased setback more appropriate and suggests 30 feet in all situations. Side setbacks are variable in the R-1 and R-2 district, dependent on the width of the lot. Given the minimum lot width being proposed, the side setback would be 15 feet under the existing regulations. Given the potential for increased height, staff feels this distance should be increased to 20 feet. The same tent-shaped building envelope would be applied, tipping in at a 2:1 slope once a structure got above 15 feet in height at the side setback line. This restriction could be accommodated by stepping back an upper level or pushing the footprint of a taller structure even further from the side property line. Accessory structures—As in other residential zoning districts, accessory structures (primarily garages) should be located to the rear of the primary structure. Current regulations limit the total accessory square footage to 1,000 square feet—this should be increased if three or more units make up the rowhouse. Staff also recommends that garage access should not be from the front of the structure but should be from the rear (via an internal driveway) or in a detached structure. The front fa4ade and appearance from the street is an important part of the signature rowhouse look. 2 Lot coverage (buildings)—The percentage of an R-2 lot that can be covered by buildings is currently limited to 30% of the lot area. Adding up the likely footprint of a principal structure and a detached garage that could accommodate 1.5 parking spaces per unit, staff recommends this amount be increased —35% is a starting point for consideration. Impervious coverage—Given the likelihood that these rowhouses will be redevelopment sites adjacent to single-family homes, staff would prefer not to increase the amount of impervious coverage allowed beyond the 50%that is currently permitted in the zoning district. This should preserve sufficient open space to manage stormwater and limit runoff and impacts to neighboring properties. All of the above recommendations are summarized the table below: Existing R-2 Regulations Potential Rowhouse Regulations Density Rowhouse: 5,500 sf/unit min which translates Single-family: 6,000 sf min (6,000 sf/unit) to 16,500 sf for 3 units, 22,000 sf for 4 units, Duplex: 10,000 sf min (5,000 sf/unit) 27,500 sf for 5 units, etc. Lot width Rowhouse: 150 feet; may consist of multiple Single-family: 50 feet smaller lots if subdivided for zero lot line Duplex: 100 feet (or 50 feet per lot for zero homes lot line units) Units per run 3 units min, 4-6 units max Minimum width per unit 20 feet Building layout Side by side (not stacked) dwelling units with individual direct entrances Height: 28 feet to the midpoint of the highest Maximum of 35 feet or 3 stories, whichever is roof less Setbacks Front: Decrease to 25 feet Front: 35 feet Rear: Increase to 30 feet Rear: 25 feet Side: Increase to 20 feet Side: varies by lot width Accessory structures • Only allowed to the rear of the structure • To the side or rear of the primary structure • Increase amount of accessory space allowed • 5 feet from a rear or side property line • Encourage (require?) rear access or • No more than 1,000 sf of total area detached garages • Garage width limited to 65%of front fa4ade Lot coverage (buildings): 30% 35% Impervious coverage: 50% 50% Zero Lot Line Homes Allowing ownership of individual units in a rowhouse would require a modification to the City's subdivision regulations, which currently only allow zero lot line arrangements for two unit structures. It would be fairly easy to modify the current regulations to allow three or more individually owned lots with contiguous units. 3 r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , T. i i da END Uwi � I N3 m1E161E UNIT N 2 WbbLe UNIT N 1 END UNIT I c } I � I i . . - . - . - . - . - . - . - . - . - . - . - . - . - . - . - . - . - . - . - . - . - . - . j Rental units within a rowhouse—one owner r- . — . — . — . — . — • — • — • r . — . — . , — . — . — I — • — • — . — . — . — . — . - - - F7 I I I I I I 1 I 1 1 a N4 END UrV I 1 q3 huml VNPT I :M'vJ1i:v 1 NI END UNIT 1 • is ^ I ' 1 � 1 ' I I 1 I I I I I I I I _ . — . — . — . — . — . — . — . _ . — . — . . . — • — • - - - . — . — . — . — . — . - - Rowhouse units with individual ownership (zero lot line homes) 4 Staff Request At this time, staff is looking for feedback on the proposed regulations. Attachments City of Cincinnati Form-Based Code— Rowhouse (2 pages) Denver Zoning Code— Row House Design Standards (2 pages) Selection from Planning Advisory Service Information Report No. 164— Row Houses (3 pages) 5 city f01 MEMORANDUM golden valley Planning Department 763 593 8095/763 593 8109(fax) Date: December 28, 2020 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Discussion — Modifying the Moderate Density Residential (R-2) Zoning District to Allow Rowhouses Summary Staff will present information and lead a discussion around the potential for amending the R-2 zoning district to allow for rowhouses. Background At its September 29 and November 23 meetings, the Planning Commission discussed the possibility of expanding the types of housing allowed in the Moderate Density Residential (R-2) Zoning District to include rowhouses. Sample regulations from other communities were reviewed, and Commissioners expressed support for considering the use if the appropriate restrictions around setbacks, height, and other design aspects could be adequately addressed. Staff is now providing draft code language to spur more detailed conversation. Analysis After reviewing regulations from other cities, staff is proposing the following code language to allow rowhouses in Golden Valley (additions in bold): Sec. 113-89. - Moderate Density Residential (R-2) Zoning District. Purpose. The purpose of the Moderate Density Residential (R-2) Zoning District is to provide for single-family,a4;4 two-family, and rowhouse dwellings at a moderate density (up to eight units per acre) along with directly related and complementary uses. Principal Uses. The following principal uses shall be permitted in the R-2 Zoning District: (1) Single-family dwellings, consistent with the City's Mixed-Income Housing Policy (2) Two-family dwellings, consistent with the City's Mixed-Income Housing Policy 1 M Rowhouses with up to four attached units, consistent with the City's Mixed-Income Housing Policy (3) Foster family homes (4) Residential facilities serving six or fewer persons; and (5) Essential services, Class I. Principal Structures. Principal structures in the R-2 Zoning District shall be governed by the following requirements: Setback Requirements. a. Front Setback. The required minimum front setback for single-family and two-family dwellings shall be 35 feet from any front lot line along the street right-of-way line and for rowhouses 25 feet from any front lot line along the street right-of-way line. b. Rear Setback. The required rear setback for single-family and two-family dwellings shall be 25 feet and for rowhouses shall be 35 feet. c. Side Setbacks. In the case of rowhouse lots, the side setbacks for any portion of a structure 20 feet or less in height shall be 20 feet. Any portion of a structure greater than 20 feet in height shall be stepped back an additional 15 feet from the side lot line. Height Restrictions. No principal structure for a single-family or two-family dwellings shall be erected in the R-2 Zoning District with a building height exceeding 28 feet as measured from the average grade at the front building line. No principal structure for a rowhouse shall be erected in the R-2 Zoning District with a building height exceeding 35 feet as measured from the average grade at the front building line to the highest point of the structure or exceeding three stories, whichever is less. The average grade for a new structure shall be no more than one foot higher than the average grade that previously existed on the lot. Rowhouse Unit Requirements. No individual unit within a rowhouse shall have a width of less than 24 feet as measured from the interior faces of the shared dividing walls. Units shall be side by side and each unit shall have an individual front entrance. Accessory Structures. Accessory structures in the R-2 Zoning District shall be governed by the following requirements: Location. A detached accessory structure on a rowhouse lot shall be located completely to the rear of the principal structure Area Limitations. Each single-family or two-family lot is limited to a total of 1,000 square feet and each rowhouse lot is limited to a total of 2,000 square feet of the following accessory structures: detached and attached garages, detached sheds, greenhouses, and gazebos. Swimming pools are not included in this requirement. No one detached accessory structure for a single-family or two-family lot may be larger than 800 square feet in area and for a rowhouse lot 1,200 square feet in area. Any accessory structure over 200 square feet in area requires a building permit. No accessory structure shall occupy a footprint larger than that of the principal structure. 2 Buildable Lots. No dwelling or accessory structure shall be erected for use or occupancy as a residential dwelling on any tract of unplatted land which does not conform with the requirements of this section, except on those lots located within an approved plat. (1) Single-Family Dwellings. A lot of a minimum area of 6,000 square feet and a minimum width of 50 feet at the front setback line shall be required for one single-family dwelling. (2) Two-Family Dwellings. A lot of a minimum area of 10,000 square feet and a minimum width of 100 feet at the front setback line shall be required for a two-family dwelling. (3) Rowhouses. A lot of a minimum area of 5,500 square feet per unit and a minimum width of 50 feet per unit at the front setback line shall be required for a rowhouse. Lot Coverage. For single-family and two-family lots, structures, including accessory structures, shall not occupy more than 30 percent of the lot area. For rowhouse lots, structures, including accessory structures, shall not occupy more than 35 percent of the lot area. Sec. 109-123. - Minor Subdivision for a Residential Zero Lot Line Home. All of the following conditions shall be met before a minor subdivision for a residential zero lot line home shall be approved: (1) Te#�ve Each newly created lots shall individually be exempt from the minimum lot size and width requirements found in the R-2 Zoning District provisions of Chapter 113, but in combination the lots shall meet said requirements. Other requirements of this division shall be met as stated. (2) The property and structure must be able to be split into twe substantially equal sections, except as necessary to meet the wider corner lot requirement, and except that developmentally unsuitable portions of a lot may be discounted. Rowhouses may be allowed wider lots for end units. (3) The structure must meet current building code standards for firewall separation, which may be created by new construction or an addition to existing construction. (4) Separate utility services must be provided. (5) The owner of the property to be subdivided shall execute and record at owner's expense a "Declaration of Covenants, Restrictions and Conditions." Said document shall be used to protect the rights of the individual owners sharing the single structure as to maintenance and repair and reconstruction in case of damage to the original structure. Specifically, it shall provide protection to the property owners and the City on the following: a. Building and use restriction. b. Party walls and other necessary common easements, including utilities and access. c. Submission to binding arbitration of disputes between owners. (6) The City shall be a beneficiary to these "Declarations of Covenants, Restrictions and Conditions." They shall be submitted for review by the Planning Commission and the Council at the time the proposed subdivision is reviewed. The City Attorney shall also review the "Declarations of Covenants, Restrictions and Conditions." Changes to the document shall be made if so recommended by the City Attorney. The cost of such review shall be paid by the applicant. 3 (7) No building permit shall be issued on any of the property until proof of recording the "Declarations of Covenants, Restrictions and Conditions" has been submitted to the City. (8) Any other conditions shall be imposed that the City deems necessary to ensure compatibility with surrounding structures or to ensure a reasonable division of property. All of the above recommendations are summarized the table below: Existing R-2 Regulations Potential Rowhouse Regulations Density Rowhouse: 5,500 sf/unit min which translates Single-family: 6,000 sf min (6,000 sf/unit) to 16,500 sf for 3 units or 22,000 sf for 4 units Duplex: 10,000 sf min (5,000 sf/unit) Lot width Rowhouse: 150 feet; may consist of multiple Single-family: 50 feet smaller lots if subdivided for zero lot line Duplex: 100 feet (or 50 feet per lot for zero homes lot line units) Units per run 4 units max Minimum width per unit 24 feet Building layout Side by side (not stacked) dwelling units with individual direct entrances Height: 28 feet to the midpoint of the highest Maximum of 35 feet or 3 stories, whichever is roof less Setbacks Front: Decrease to 25 feet Front: 35 feet Rear: Increase to 35 feet Rear: 25 feet Side: Increase to 20 feet Side: varies by lot width Accessory structures • Only allowed to the rear of the structure • To the side or rear of the primary structure • Amount of accessory space allowed • 5 feet from a rear or side property line increased to 2,000 sf of total area • No more than 1,000 sf of total area • No one structure more than 1,200 sf • Garage width limited to 65%of front fa4ade • Garage width requirement remains the same Lot coverage (buildings): 30% 35% Impervious coverage: 50% 50% Zero Lot Line Homes allowed for duplexes Zero Lot Line Homes also allowed for rowhouses Staff Request At this time, staff is only looking for feedback on the draft code language in order to prepare for a future public hearing. 4 city f01 MEMORANDUM golden valley Planning Department 763 593 8095/763 593 8109(fax) Date: February 8, 2021 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Discussion — Modifying the Moderate Density Residential (R-2) Zoning District to Allow Rowhouses Summary Staff will present information and lead a discussion around the potential for amending the R-2 zoning district to allow for rowhouses. Background At meetings in September, November, and December, the Planning Commission discussed the possibility of expanding the types of housing allowed in the Moderate Density Residential (R-2) Zoning District to include rowhouses. Sample regulations from other communities were reviewed, and Commissioners expressed support for considering the use if the appropriate restrictions around setbacks, height, and other design aspects could be adequately addressed. During the most recent discussion, Commissioners asked staff to investigate a few remaining ideas or questions before moving to a public hearing for consideration. Analysis Specifically, Commissions requested more information in the following areas: • Adding a definition of rowhouses • Expanding the purpose statement for the R-2 zoning district • Investigating any changes to the allowances for residential facilities in the R-2 zoning district as a result of allowing rowhouses • Revising/eliminating the minimum width requirement for lots with rowhouses • Considering the addition of architectural and material standards for rowhouses Definition Current definitions for single-family, two-family (duplex), and multifamily dwellings are listed as follows: 1 Dwelling, Single-Family: A building designed for or occupied by one family and containing one dwelling unit. Dwelling, Two-Family: A building designed for or occupied by two families and containing two dwelling units. Dwelling, Multifamily:A building or portion thereof designed for or occupied by three or more families and containing three or more dwelling units. In order to provide consistency, staff suggests adding a new definition for rowhouse: Rowhouse: A building consisting of a row of contiguous single-family attached units joined by shared sidewalls and with each unit having separate and individual front and rear entrances. Using this definition, a rowhouse is a type of multifamily dwelling that is set apart by the arrangements of its units (side-by-side) and the method of access (individual front and rear entrances). This is in contrast to an apartment building, which does not have the side-by-side requirement, or a townhouse development, which in addition to allowing up to eight units per structure also is defined through its ownership arrangement (common interest community). Apartment Building: Any building or portion thereof which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments. Townhouse: A common interest community consisting of single-family attached units comprised of two or more dwelling units, contiguous to each other, only by the share of one common bearing wall. No single townhouse structure shall contain in excess of eight dwelling units and each dwelling unit shall have separate and individual front and rear entrances. Purpose Statement Each zoning district listed in the zoning chapter begins with a purpose statement. For the R-2 district, staff has proposed it to read: The purpose of the Moderate Density Residential (R-2) Zoning District is to provide for single- family, two-family, and rowhouse dwellings at a moderate density (up to eight units per acre) along with directly related and complementary uses. The Chair raised the possibility of modifying this statement (and potentially the statements for other districts, such as the R-1 district) in order to highlight the important qualities of these districts and add depth to the evaluation of the criteria of demonstrating "harmony with the general purpose and intent of the ordinance" when a variance request is being considered. 2 While the language of the zoning regulations may not explicitly discourage anyone from applying for a variance, adding detail to the purpose statement could provide additional benchmarks against which a variance request would be measured. For example, an emphasis on the open spaces between structures or on vegetated lot coverage would add more detail for the Board of Zoning Appeals to consider when it evaluates the "harmony" of a request. This potential change is not explicitly linked to the addition of rowhouses to the zoning district, but instead would take advantage of the required public hearing for a zoning text amendment to also modify the purpose statement. Staff is wary of conflating the two topics; a cleaner approach may be to address only rowhouse changes to the R-2 district now and reserve changes to purpose statements for various zoning districts for a separate policy discussion. Residential Facilities Residential facilities, also known as "group homes," are facilities that are designed to serve vulnerable adults and/or children, many of whom have disabilities. Under State statute, municipalities are required to allow these by-right within certain guidelines around the number of people involved. In single-family districts, residential facilities of up to six persons must be permitted by-right. Residential facilities of seven to 16 persons are considered permitted multifamily uses and must be allowed for the purposes of zoning. Given the uses allowed in the R-2 district would be expanded to include a multifamily use (rowhouses) under the proposed text amendment, it is possible that this would require the City to allow residential facilities at a multifamily level as well. Therefore, the current by-right cap of six persons might need to be increased to 16. Minimum Lot Width Staff had previously suggested a minimum width for rowhouse lots of 50 feet per unit, building off of the minimum lot width requirements for single-family lots (50 feet) and duplex lots (100 feet). However, Commissioners suggested that given the minimum side yard setback and unit width requirements being considered, this may not be necessary and the minimum lot width requirement could be removed. Assuming the current recommended side yard setback of 20 feet and a minimum unit width of 24 feet, a three-unit rowhouse would automatically require a lot that is: 20 ft (side yard) + 24 ft (unit 1) + 24 ft (unit 2) + 24 ft (unit 3) + 20 ft (side yard) = 112 ft Minimum wall width requirements (6 inches for exterior walls, 8 inches for interior common walls) would add another 2 feet—4 inches resulting in a lot that would need to be at least 114 feet—4 inches wide. A four-unit rowhouse would be 24 feet—8 inches wider (139 feet total). 3 If Commissioners are comfortable with these dimensions, then a minimum lot width requirement for rowhouses would not be needed. Architectural and Material Standards Current regulations for architectural and material standards are not applied to the R-1 and R-2 zoning districts, following a practice of allowing for creativity and individuality when it comes to the design of single-family (and duplex) structures. Commissioners raised the idea of adding rowhouses to the list of uses that are addressed by these requirements, similar to how structures in the R-3 and R-4 district are handled. If rowhouses were to be added, the staff believes the following areas might be appropriate: Architectural • Articulation of the front fa4ade (likely around entrances or between individual units) • Minimum percentages of openings on facades facing the primary street (higher density residential buildings use a level of 20%for the ground floor and 15% on upper floors) • Entrance location on the front of the building as well as to the rear • Screening of utilities and rooftop equipment; overhead doors would likely NOT be prohibited from a front fa4ade as they are for apartment buildings Materials • Requiring a minimum amount of Class I materials on the front fa4ade and a lesser amount on side and rear facades (high density residential buildings require 50% Class I on the front and no more than 10% Class III, 40% Class I on the side and rear and no more than 10% Class III) • Utilizing a minimum of two types of Class I materials on each fa4ade Staff Request At this time, staff is only looking for feedback on the topics above in order to prepare for a future public hearing. Attachments Draft Rowhouse Code Language from December 28 Planning Commission meeting (3 pages) Current Zoning Map (to highlight R-2 zoned properties) (1 page) 4 city f01 MEMORANDUM golden valley Planning Department 763 593 8095/763 593 8109(fax) Date: February 22, 2021 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing—Zoning Text Amendment— Modifying the Moderate Density Residential (R-2) Zoning District to Allow Rowhouses Summary Following the adoption of the City's 2040 Comprehensive Plan and the HRA Housing Strategic Five Year Plan, staff have explored the possibility of adding rowhouses as a housing type to the Moderate Density Residential (R-2) Zoning District. This change would provide a new variety of housing at an approved moderate density in locations along targeted transportation corridors. Background Since first discussing the topic in September of 2020, the Planning Commission has explored the possibility of expanding the types of housing allowed in the R-2 zoning district to include rowhouses. Sample regulations from other communities were reviewed and Commissioners expressed support for considering the use if the appropriate restrictions around setbacks, height, and other design aspects could be adequately addressed. At the conclusion of the February 8 discussion, Commissioners indicated they were ready to hold a public hearing to consider the revised zoning language. Analysis The proposed zoning text changes needed to accommodate rowhouses require modifications to three sections of the zoning code and one section of the subdivision code. Zoning text amendments require review from the Planning Commission; text amendments to the subdivision portion of the City Code are reviewed solely by the City Council. Staff has organized the remainder of this portion of the memo to reflect recommended modifications to code text (in red, with ek language to be removed and bold language to be added), followed by additional explanatory text in black. 1 Sec. 113-1. - Definitions. Rowhouse: A building consisting of a row of contiguous single-family attached dwelling units joined only by shared sidewalls and with each unit having separate and individual front and rear entrances. Under this new definition, a rowhouse structure consists of attached single-family units, each of which are considered to be separate buildings under the existing definition of Building in the zoning code (since the units are separated by dividing walls without openings). This remains true regardless of ownership and therefore the units may be rental or owner-occupied —flexibility desired by Commissioners. This differs from other types of multi-unit buildings, including apartments (which have shared entries and corridors) and townhouses (which also consist of separate "buildings" but must be part of a common interest community). Sec. 113-89. - Moderate Density Residential (R-2) Zoning District. Purpose. The purpose of the Moderate Density Residential (R-2) Zoning District is to provide for single-family,a444 two-family, and rowhouse dwellings at a moderate density (up to eight units per acre) along with directly related and complementary uses. Each zoning district listed in the zoning chapter begins with a purpose statement. The Chair raised the possibility of modifying the R-2 statement in order to highlight the important qualities of this district and add depth to the evaluation of the criteria of demonstrating "harmony with the general purpose and intent of the ordinance" when a variance request is being considered. While the language of the zoning regulations may not explicitly discourage anyone from applying for a variance, adding detail to the purpose statement could provide additional benchmarks against which a variance request would be measured. For example, an emphasis on the open spaces between structures or on vegetated lot coverage would add more detail for the Board of Zoning Appeals to consider when it evaluates the "harmony" of a request. This potential change is not explicitly linked to the addition of rowhouses to the zoning district. Staff has received direction that a policy change such as this should only be pursued after receiving direction from the City Council. Therefore, staff recommends limiting changes to the purpose statement to include rowhouses and discussing other potential changes within the draft 2021 Work Plan Principal Uses. The following principal uses shall be permitted in the R-2 Zoning District: (1) Single-family dwellings, consistent with the City's Mixed-Income Housing Policy (2) Two-family dwellings, consistent with the City's Mixed-Income Housing Policy (X) Rowhouses with up to four attached units, consistent with the City's Mixed-Income Housing Policy 2 (3) Foster family homes (4) Residential facilities serving six or fewer persons; and (5) Essential services, Class I. Residential Facilities Residential facilities, also known as "group homes," are facilities that are designed to serve vulnerable adults and/or children, many of whom have disabilities. Under State statute, municipalities are required to allow these by-right within certain guidelines around the number of people involved. Where single-family dwelling units are allowed, residential facilities of up to six persons must be permitted by-right. Given that a rowhouse would consist of three or four separate single-family units, in theory any one (or more) of those units could contain a residential facility of up to six persons by-right. In speaking with the City's Building Official, there are additional construction and/or existing code requirements that could come in to play, depending on the type of residents inhabiting this space. Therefore, the conversion of a single-family unit to a residential facility is likely more complicated than simply replacing one with the other. Overall, the densities allowed for a residential facility (up to six persons) are roughly the same as those allowed for a single-family dwelling (a "family" of up to five unrelated persons or more persons if they are related by blood, marriage, or adoption). Principal Structures. Principal structures in the R-2 Zoning District shall be governed by the following requirements: Setback Requirements. a. Front Setback. The required minimum front setback for single-family and two-family dwellings shall be 35 feet from any front lot line along the street right-of-way line and for rowhouses 25 feet from any front lot line along the street right-of-way line. b. Rear Setback. The required rear setback for single-family and two-family dwellings shall be 25 feet and for rowhouses shall be 35 feet. c. Side Setbacks. In the case of rowhouse lots, the side setbacks for any portion of a structure 20 feet or less in height shall be 20 feet. Any portion of a structure greater than 20 feet in height shall be stepped back an additional 15 feet from the side lot line. Front setbacks are 35 feet for single-family homes and duplexes. For R-3 and R-4 buildings, the front setback is only 25 feet. Commissioners have indicated this reduced setback is more appropriate for a rowhouses which is meant to have a greater street presence. Rear setbacks in the R-1 and R-2 district are 25 feet. In the R-3 district it is 30 feet adjacent to an R-1 zoned property or 20 feet in other instances. In the R-4 district it is 40 feet adjacent to an R-1 3 zoned property or 20 feet in other instances. Staff feels the potential height of a rowhouse makes an increased setback more appropriate and has recommended 35 feet in all situations. Side setbacks are variable in the R-1 and R-2 district, dependent on the width of the lot. Given the minimum lot width being proposed, the side setback would be 15 feet under the existing regulations. With the potential for increased height, staff believes this distance should be increased to 20 feet. The same tent-shaped building envelope would be applied, tipping in at a 2:1 slope once a structure rose above 15 feet in height at the side setback line. This restriction is accompanied by a stepping back of an additional 15 feet from the side property line any portion of the structure greater than 20 feet in height. Height Restrictions. No principal structure for a single-family or two-family dwellings shall be erected in the R-2 Zoning District with a building height exceeding 28 feet as measured from the average grade at the front building line. No principal structure for a rowhouse shall be erected in the R-2 Zoning District with a building height exceeding 35 feet as measured from the average grade at the front building line to the highest point of the structure or exceeding three stories, whichever is less. The average grade for a new structure shall be no more than one foot higher than the average grade that previously existed on the lot. The usual maximum height in an R-1 or R-2 zoning district is 28 feet as measured from average grade to the midpoint of the highest pitched roof. Commissioners recommended increasing this height to allow for the potential for tuck-under garages. Many other cities use 35 feet as a maximum height (measured not to the midpoint of the pitched roof but overall height). Staff is recommending 35 feet or three stories, whichever is less. Rowhouse Unit Requirements. No individual unit within a rowhouse shall have a width of less than 24 feet as measured from the interior faces of the shared dividing walls. Units shall be side by side and each unit shall have an individual front entrance. Staff research suggested a minimum unit width of 24 is appropriate, though a wider unit would be allowed. In order to reinforce the rowhouse feel, individual front entrances are required. Accessory Structures. Accessory structures in the R-2 Zoning District shall be governed by the following requirements: Location. A detached accessory structure on a rowhouse lot shall be located completely to the rear of the principal structure Area Limitations. Each single-family or two-family lot is limited to a total of 1,000 square feet and each rowhouse lot is limited to a total of 2,200 square feet of the following accessory structures: detached and attached garages, detached sheds, greenhouses, and gazebos. Swimming pools are not included in this requirement. No one detached accessory structure for a single-family or two-family lot may be larger than 800 square feet in area and for a rowhouse lot 1,100 square feet in area. "n., aeeesseFy s4uet„Fe , vpr inn SgHaF feet OR - Fea building ne.w,;t No accessory structure shall occupy a footprint larger than that of 4 the principal structure. All accessory structures are subject to the State Building Code and City ordinances. As in other residential zoning districts, accessory structures (primarily garages) should be located to the rear of the primary structure. Current regulations limit the total accessory square footage to 1,000 square feet—this must be increased if three or more units make up the rowhouse. In order to accommodate two garage spaces per unit, the maximum accessory square footage allowed for rowhouses is recommended to be increased to 2,200 square feet. In addition, limits to the size of any one detached accessory structure (1,100 square feet) would prevent the construction of one large garage building— required overall garage space be reduced in size or split into two structures. Garage Provisions—Measurement of Front Facade. In the case of a single-family dwelling, the width of the front facade shall be the direct, linear, horizontal distance between the dwelling's exterior side walls at the front fagade's widest point. In the case of a two-family or rowhouse dwelling, the width of the front facade shall be the direct, linear, horizontal distance between the dwelling unit's side boundary walls at the front fagade's widest point. A slight adjustment in language around garages is needed to regulate garage widths for rowhouses in addition to single-family and two-family dwellings. Buildable Lots. No dwelling or accessory structure shall be erected for use or occupancy as a residential dwelling on any tract of unplatted land which does not conform with the requirements of this section, except on those lots located within an approved plat. (1) Single-Family Dwellings. A lot of a minimum area of 6,000 square feet and a minimum width of 50 feet at the front setback line shall be required for one single-family dwelling. (2) Two-Family Dwellings. A lot of a minimum area of 10,000 square feet and a minimum width of 100 feet at the front setback line shall be required for a two-family dwelling. (3) Rowhouses. A lot of a minimum area of 5,500 square feet per unit shall be required for a rowhouse. In order to remain in the target density range approved within the 2040 Comprehensive Plan, any structure with multiple attached units would need to target approximately 5,500 square feet per unit. Staff considered requiring a minimum lot width for rowhouses, similar to that required for single-family and duplex units, but Commissioners determined that the combined minimum widths of side setbacks and individual units would ensure any rowhouse would sit on a sufficiently large lot. Therefore, the proposed requirement was dropped. Lot Coverage. For single-family and two-family lots, structures, including accessory structures, shall not occupy more than 30 percent of the lot area. For rowhouse lots, structures, including accessory structures, shall not occupy more than 35 percent of the lot area. 5 The percentage of an R-2 lot that can be covered by buildings is currently limited to 30%of the lot area. Adding up the likely footprint of the principal structure and any detached garage space, staff recommends this amount be increased to 35% of the lot area for a rowhouse lot. Paved Areas—Street Access. Each lot may have only one street curb cut access, except the following lots may have multiple bip te twe street curb cut accesses: a. A single-family or two-family lot that contains two legally constructed garages may have up to two street curb cut accesses. b. A rowhouse lot that contains three or four legally constructed garages may have up to one street curb cut per garage. In order to accommodate multiple units with multiple garages, the current code language needs to be adjusted to allow for up to one curb cut per garage (or unit). The rowhouse regulations allow for these garages to be on the street side or behind the structure, and multiple driveways could be consolidated into fewer curb cuts. The final determination on the number of curb cuts allowed would be made on a case by case basis working with Engineering and Public Works staff. Sec. 113-157. —Architectural and Material Standards. Rowhouses in Moderate Density Residential(R-2)Zoning Districts. (1) Architectural a. Fagades. Facades greater than 40 feet in length shall be visually articulated into smaller intervals by: 1. Stepping back or extending forward a portion of the facade 2. Providing variation in materials, texture, or color 3. Placement of doors, windows, and balconies Buildings shall have a defined base, middle, and top, and employ elements that relate to the human scale and appeal to pedestrians, such as doors and windows, projections, or awnings and canopies. A middle is not required on a one-story building. b. Openings. Views into and out of the building shall be provided to enliven the streetscape and enhance security. Windows and door openings shall comprise at least 20 percent of the area of the ground floor facade facing the primary street. Window and door openings shall comprise at least 15 percent of the area of the side and rear ground floor facades. On upper stories, windows shall comprise at least 15 percent of the facade area. Window and door openings shall be clear or slightly tinted to allow unobstructed views into and out of buildings. Window shape, size, and patterns shall emphasize the intended organization and articulation of the building facade. c. Entrances. Building entrances shall be provided on the primary street on which the building fronts, in addition to any entrances from rear parking areas. Street 6 entrances shall be lighted and defined by means of a canopy, portico, recess, or other architectural details. d. Screening. Utility service structures (such as utility meters, utility lines, and transformers), refuse and recycling containers, and other ancillary equipment must be inside a building or be screened from off-site views. Rooftop equipment shall be screened from view from the public right-of-way by a parapet wall or a fence the height of which extends at least one foot above the top of the rooftop equipment and is compatible with exterior materials and architectural features of the building. (2) Materials a. Front facades, and side are rear facades visible from the public right-of-way, shall be composed of at least 50% Class I materials and no more than 10% Class III materials. b. Side and rear facades not visible from the public right-of-way shall be composed of at least 40% Class I materials and no more than Class III materials. c. Each facade must utilize a minimum of two types of Class I materials. Current regulations for architectural and material standards are not applied to the R-1 and R-2 zoning districts, following a practice of allowing for creativity and individuality when it comes to the design of single-family (and duplex) structures. Commissioners recommended adding rowhouses to the list of uses that are addressed by these requirements, similar to how structures in the R-3 and R-4 districts are handled. Sec. 109-123. - Minor Subdivision for a Residential Zero Lot Line Home. All of the following conditions shall be met before a minor subdivision for a residential zero lot line home shall be approved: (1) The twe Each newly created lots shall individually be exempt from the minimum lot size and width requirements found in the R-2 Zoning District provisions of Chapter 113, but in combination the lots shall meet said requirements. Other requirements of this division shall be met as stated. (2) The property and structure must be able to be split into tw-e substantially equal sections, except as necessary to meet the wider corner lot requirement, and except that developmentally unsuitable portions of a lot may be discounted. Rowhouses may be allowed wider lots for end units. (3) The structure must meet current building code standards for firewall separation, which may be created by new construction or an addition to existing construction. (4) Separate utility services must be provided. (5) The owner of the property to be subdivided shall execute and record at owner's expense a "Declaration of Covenants, Restrictions and Conditions." Said document shall be used to protect the rights of the individual owners sharing the single structure as to maintenance 7 and repair and reconstruction in case of damage to the original structure. Specifically, it shall provide protection to the property owners and the City on the following: a. Building and use restriction. b. Party walls and other necessary common easements, including utilities and access. c. Submission to binding arbitration of disputes between owners. (6) The City shall be a beneficiary to these "Declarations of Covenants, Restrictions and Conditions." They shall be submitted for review by the Planning Commission and the Council at the time the proposed subdivision is reviewed. The City Attorney shall also review the "Declarations of Covenants, Restrictions and Conditions." Changes to the document shall be made if so recommended by the City Attorney. The cost of such review shall be paid by the applicant. (7) No building permit shall be issued on any of the property until proof of recording the "Declarations of Covenants, Restrictions and Conditions" has been submitted to the City. (8) Any other conditions shall be imposed that the City deems necessary to ensure compatibility with surrounding structures or to ensure a reasonable division of property. In order to accommodate the possibility of owner-occupied zero lot line rowhouse units, Section 109-123 of the City Code must also be modified. Instead of limiting zero lot line arrangements to only duplexes, the revised code language would allow similar layouts for three and four unit rowhouses. All of the above recommendations are summarized the table below: Existing R-2 Regulations Potential Rowhouse Regulations Density Rowhouse: 5,500 sf/unit min which translates Single-family: 6,000 sf min (6,000 sf/unit) to 16,500 sf for 3 units or 22,000 sf for 4 units Duplex: 10,000 sf min (5,000 sf/unit) Lot width Single-family: 50 feet Rowhouse: no minimum lot width Duplex: 100 feet (or 50 feet per lot for zero requirement lot line units) Units per run 4 units max Minimum width per unit 24 feet Building layout Side by side (not stacked) dwelling units with individual direct entrances Height: 28 feet to the midpoint of the highest Maximum of 35 feet or 3 stories, whichever is roof less Setbacks Front: 35 feet Front: Decrease to 25 feet Rear: 25 feet Rear: Increase to 35 feet Side: varies by lot width Side: Increase to 20 feet Accessory structures • To the side or rear of the primary structure • Only allowed to the rear of the structure 8 • 5 feet from a rear or side property line • Amount of accessory space allowed • No more than 1,000 sf of total area increased to 2,200 sf of total area • Garage width limited to 65%of front fa4ade • No one structure more than 1,100 sf • Garage width requirement remains the same Lot coverage (buildings): 30% Increase to 35% Two curb cuts possible with two legal garages Three curb cuts possible for a rowhouse No Architectural or Material Standards Requirements around fa4ades, openings, entrances, screening, and use of materials added for rowhouses Zero Lot Line Homes allowed for duplexes Zero Lot Line Homes also allowed for rowhouses Staff Request Staff recommends amending the text of Section 113-1: Definitions, Section 113-89: Moderate Density Residential (R-2) Zoning District, and Section 113-157: Architectural and Material Standards in order to allow for the construction of rowhouses in the R-2 Zoning District. Staff requests the Planning Commission provide comments in support of proposed changes to Section 109-123: Minor Subdivision for a Residential Zero Lot Line Home in order to allow owner- occupied dwelling units in rowhouses. Attachments Planning Commission minutes dated September 29, November 23, and December 28, 2020 (7 pages) Draft Rowhouse Code Language: Zoning Code Sections 113-1, 113-89, and 113-157 (4 pages) Draft Rowhouse Code Language: Subdivision Code Section 109-123 (1 page) 9 of W 7800 Golden Valley Road I Golden Valley,MN 55427 city 763-593-3992 1 TTY 763-593-3968 1 763-593-8109(fax)I www.goldenvalleymn.gov Olden ll�r Planning Commission -xvalley September 29, 2020—7 pm REGULAR MEETING MINUTES This meeting was held via Webex in accordance with the local emergency declaration made by the City under Minn. Stat. § 12.37. In accordance with that declaration, beginning on March 16, 2020, all Planning Commission meetings held during the emergency were conducted electronically. The City used Webex to conduct this meeting and members of the public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org, or by dialing in to the public call-in line. 1. Call to Order The meeting was called to order at 7:00 by Chair Blum. Roll Call Commissioners present: Rich Baker, Ron Blum, Adam Brookins, Lauren Pockl, Ryan Sadeghi, Commissioners absent: Andy Johnson, Noah Orloff, Chuck Segelbaum Staff present: Jason Zimmerman— Planning Manager, Myles Campbell — Planner Council Liaison present: Gillian Rosenquist 2. Approval of Agenda Chair Blum asked for a motion to approve the agenda. MOTION made by Commissioner Brookins, seconded by Commissioner Pockl, to approve the agenda of August 29, 2020. Staff called a roll call vote and the motion carried unanimously. 3. Discussion— Modifying the Moderate Density Residential (R-2) Zoning District to Allow Rowhouses Jason Zimmerman, Planning Manager, explained the current regulations for R-2, Moderate Density. • Single-family and two-family homes allowed • Target density up to 8 units per acre • Lot width of 50 feet for a single-family home and 100 feet for a two-family home • Setbacks and height requirements the same as in the R-1 zoning district o Zero lot line allowed for attached two-family structures with separate ownership Zimmerman went on to describe rowhouses and showed examples: • Multiple attached units • Typically side-by-side • Individual entries • Two to three stories • Rental or separate ownership This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY. 763-593-3968)to make a request. Examples of alternate formats may include large print, electronic, Braille,audiocassette, etc. City of Golden Valley Planning Commission Regular Meeting 2 September 29, 2020—7 pm While looking at modifying R-2, staff examined the zoning requirements of four 111 ring suburbs, comparable in size to Golden Valley. Staff didn't find zoning requirements that had rowhouses specifically defined in them but they did address "attached units" at similar numbers and densities. Comparative zoning items include density, unit count and layout, height, setbacks and lot width, other features. In the 2040 Comp Plan, Golden Valley's Moderate Density Residential designation caps density at 8 units/acre. This is approximately 5,500 sq. ft/unit. This density range was in line with the four cities examined. Golden Valley is more interested in side by side than stacked units and is looking at units 2-3 stories high. The most common number of units per building of the other cities was four, although some had eight. Golden Valley's height requirement is currently limited to 28 feet while the other cities max out at 35 feet. This added height can accommodate a 3rd floor. Golden Valley setbacks for R-2 are currently identical to those of R-1; the side setback ranges from 15 feet down to a variable width for narrow lots. The cities studied have a wide range of setbacks and Golden Valley setbacks could be increased for structures with more units. Other design features of row houses to consider are individual entries, front porches, garage locations, zero lot line options. Staff would like the discussion to provide answers to the following questions: 1. What is the preferred style of housing? 2. What is the preferred number of units per building? 3. Are any changes to height regulations needed? 4. What are the appropriate considerations for side and rear setbacks? 5. What architectural features should be discussed/researched? Commissioners started the conversation by discussing the need to set a high standard for R-2 as that is more likely to lead to long term success. Commissioner Brookins stated he thinks R-2 setbacks mirroring R-1 is appropriate. He added that a max unit requirement should be 8 or maybe fewer to start, but 8 makes sense. Zimmerman added that parcel sizes may limit to 2-3 units and asked Commissioners about height requirements. Commissioner Sadeghi stated he'd like a conversation about height; modern architecture designs of flat roofing are in direct conflict with how City Code is written for traditionally pitched roofs. The discussion evolved into the idea of adding height if setbacks can be increased. Myles Campbell, Planner, reminded the commissioners that parking could be underneath so that should factor in the discussion. Chair Blum brought up the parking elements that were discussed when they reviewed the Mixed-Use zoning. The conversation evolved into full aesthetic and appearance and making sure the code reflects this as well. 7800 Golden Valley Road I Golden Valley,MN 55427 ( , 763-593-3992 I TTY 763-593-3968 1763-593-8109(fax)�www.goldenvalleymn.gov / �7 g, L ifl '_� valley Plannin Commission November 23,2020—7 pm REGULAR MEETING MINUTES This meeting was held via Webex in accordance with the local emergency declaration made by the City under Minn. Stat. § 12.37. In accordance with that declaration, beginning on March 16, 2020, all Planning Commission meetings held during the emergency were conducted electronically. The City used Webex to conduct this meeting and members of the public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org, or by dialing in to the public call-in line. 1. Call to Order The meeting was called to order at 7:00 by Chair Blum. Roll Call Commissioners present: Rich Baker, Ron Blum, Adam Brookins, Andy Johnson, Noah Orloff, Lauren Pockl, Ryan Sadeghi, Chuck Segelbaum Commissioners absent: Staff present: Jason Zimmerman — Planning Manager, Myles Campbell— Planner Council Liaison present: Gillian Rosenquist 2. Approval of Agenda Chair Blum asked for a motion to approve the agenda. MOTION made by Commissioner Brookins, seconded by Commissioner Baker,to approve the agenda of November 23, 2020. Staff called a roll call vote and the motion carried unanimously. 3. Approval of Minutes Chair Blum asked for a motion to approve the minutes from November 9, 2020. MOTION made by Commissioner Segelbaum, seconded by Commissioner Brookins to approve minutes. Staff called a roll call vote and the motion carried unanimously. 4. Discussion— Modifying the Moderate Density Residential (R-2) Zoning District to Allow Rowhouses Jason Zimmerman, Planning Manager, started the presentation by reminding Commissioners this is the second time addressing this subject. He went int to detail on reviewing R-2 regulations and the potential for adding rowhouse regulation to existing R-2. Staff looked at surrounding cities to review their language, and staff didn't find any specific to rowhouses. Staff researched cities out of state and included details from Denver and Cincinnati in Commissioner packets. Zimmerman displayed and reviewed a chart with great detail on current R-2 regulations and potential rowhouse regulations. After reviewing each line, Zimmerman displayed a rowhouse image from Denver, CO This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTy: 763-593-3968}to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette, etc. City of Golden Valley Planning Commission Regular Meeting November 23, 2020—7 pm with three side by side units. The image illustrates height and setback regulations. A second image of a rowhouse was displayed with slightly different height and setback regulations to consider. Zimmerman went on to Zero Lot Line Homes and discussed alterations to the subdivision regulations. Images of current side by side units in Golden Valley were displayed for clarity. Staff asked for feedback and direction on what to explore further that can help staff draft formal language. Commissioner Orloff asked what the pros/cons were of having units limited to 3-4 side by side or going up to 6. Zimmerman responded that buildings get larger with the greater number of units and that's something to consider, especially when looking at integration in a neighborhood. Minimum unit width is 20 feet and once 4-6 units are next to each other, it becomes a very long building. Commissioner Segelbaum asked how much Commissioners should factor in typical lot width in this discussion and if driveways are permitted in the setbacks of a rowhouse. Zimmerman stated he looked along Douglas and most of those lots are 80 feet wide so it would be ideal to purchase two lots side by side for developing. Lots along Winnetka are about 100 feet each and while 2 are needed, there may more room for additional units. Regarding driveways, they're allowed in the side yard setback as long as there's 3 feet of pervious surface between the paved area and the side lot line. Commissioner Johnson mentioned R-2 and the transitional nature of that zoning. He added that the images appear to be townhomes scaled down and he understood R-2 to satisfy the need for more density than an R-1 but not feel like an R-3. He elaborated that different setbacks to signal that transition may be beneficial. Zimmerman added that this zoning will still be governed by max density allowed by the land use, in R-2 that's 8 units per acre, R-3 has a much higher max density. Zimmerman added that the exact setback numbers should be discussed and that R-2 will be transitional in that it's not quite single family(R-1) and not quite an apartment (R-3). Chair Blum asked about potential visual buffers and considering style recommendations so the transition to R-2 units is less abrupt. Zimmerman stated there are some vegetated buffer requirements for some parking lots, while those requirements are not in R-1, they can be added to R-2. Staff is also open to prescriptive styling/architecture to ensure the rowhouses fit in the aesthetic of the neighborhood. Commissioner Sadeghi asked about garages in the rear and how pervious coverage limits will be met if there isn't front access.The conversation moved on to preventing massing of vehicles on the street, how best to provide garages on rowhouses, and driveway possibilities. Zimmerman asked the Commissioners about height restrictions and the potential for increasing them to accommodate tuck under garages. The conversation revolved around most Commissioners feeling comfortable with the proposed heights, Commissioner Johnson asked that they explore a stipulation of increased height being a result of a tuck under garage. He added he's like to avoid the added height as a by right and the property then having a detached garage. This topic turned into a discussion about setbacks and height potentially shadowing R-1 homes. The discussion returned to the idea of R-2 as a transition area between R-1 and R-3. Staff expressed perception that it is more to fill a gap where there's an unmet need at the City of Golden Valley Planning Commission Regular Meeting November 23, 2020—7 pm moment. The conversation continued on this topic and R-2 being a transition between corridors. Commissioners discussed R-2 location and creating corridors or pockets of R-2 zoning. Staff clarified the three locations being discussed in the 2040 plan. Recommendation from the Commission is not required at this time. S. Discussion—2020 Land Use/Zoning Study—Commercial Uses Myles Campbell, Planner, reminded the group that the purpose of this discussion was to update the zoning code to match the land use policies of the 2040 Comprehensive Plan. Campbell reviewed the use types as well as provided a table to describe, in detail, old categories and proposed new categories. Commissioner Segelbaum reviewed permitted uses and asked about consolidation of categories, specifically the clothing category and asked about shoes or accessories. Campbell responded that while reviewing previous materials for this item, he notices that accessories were separate from clothing. Commissioner Johnson disagreed with removing trade schools and training centers from Commercial districts. He added those categories lean more towards being service orientated and not just educational, even though they say "training" in the title. Johnson added he didn't understand why the marine engine repair category was separate from another engine repair. Segelbaum mentioned a mechanic who did marine/large engine repair in addition to auto repair and was larger than a standard small engine repair mechanic. Campbell clarified that the use as a whole would not be removed but potentially moved from Conditional use to Light Industrial Use. Commissioner Baker asked why retail items were broken down at all and why there wasn't even a larger umbrella retail category. Campbell responded that it's helpful to have more specific use categories listed, mainly for folks who are trying to understand how the code impacts them and their business directly. Staff went on to explain other categorized uses and code history. Commissioner Pockl asked about creating a larger cosmetology category to lump uses together. Pockl also asked for clarification on certain uses when they offer food and alcohol or don't. Campbell responded that there are some uses that aren't easy to categorize but maybe a general entertainment use is a good idea also. Baker commented that he wants to make sure the Commission isn't creating unintended biases with restricted use categories. Staff expanded on some specific restricted uses. The discussion continued regarding use categories and particular use examples. 6. Discussion— Report on R-3 Density Bonuses Jason Zimmerman, Planning Manager, started by reminding the Commission that they had discussed the need to update density bonuses listed in the zoning code. Commissioners were particularly interested in revising bonuses that revolved around sustainability and environmental issues. Commissioners requested the Environmental Commission review the of W 7800 Golden Valley Road I Golden Valley,MN 55427 city 763-593-3992 1 TTY 763-593-3968 1 763-593-8109(fax)I www.goldenvalleymn.gov Olden ll�r Planning Commission -xvalley December 28, 2020—7 pm REGULAR MEETING MINUTES This meeting was held via Webex in accordance with the local emergency declaration made by the City under Minn. Stat. § 12.37. In accordance with that declaration, beginning on March 16, 2020, all Planning Commission meetings held during the emergency were conducted electronically. The City used Webex to conduct this meeting and members of the public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org, or by dialing in to the public call-in line. 1. Call to Order The meeting was called to order at 7:00 by Chair Blum. Roll Call Commissioners present: Rich Baker, Ron Blum, Adam Brookins, Andy Johnson, Noah Orloff, Lauren Pockl, Ryan Sadeghi, Chuck Segelbaum Staff present: Jason Zimmerman— Planning Manager, Myles Campbell — Planner Council Liaison present: None 2. Approval of Agenda Chair Blum asked for a motion to approve the agenda. MOTION made by Commissioner Pockl, seconded by Commissioner Sadeghi, to approve the agenda of December 28, 2020. Staff called a roll call vote and the motion carried unanimously. 3. Approval of Minutes Chair Blum asked for a motion to approve the minutes from December 14, 2020. MOTION made by Commissioner Baker, seconded by Commissioner Pockl to approve minutes. Staff called a roll call vote and the motion carried unanimously. 4. Discussion— Modifying the Moderate Density Residential (R-2) Zoning District to Allow Rowhouses Jason Zimmerman, Planning Manager, reminded commissioners of previous discussions on this topic and the things it would add to the city. Staff reviewed zoning language from other Twin Cities communities and other targeted municipalities. Zimmerman cited and displayed the city code section for R-2 and listed areas to add rowhouses to the permitted uses. Staff displayed newly proposed sections for rowhouses regarding setbacks, height restrictions, unit requirements, location on lot details, area limitations, and lot coverage. Zimmerman displayed a graph listing existing regulations next to proposed rowhouse regulations as an easy compare/contrast. This was followed with images for greater visual representation. This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY. 763-593-3968)to make a request. Examples of alternate formats may include large print, electronic, Braille,audiocassette, etc. City of Golden Valley Planning Commission Regular Meeting 2 December 28, 2020—7 pm Commissioner Segelbaum started the discussion by asking staff if an explicit definition of a rowhouse should be included in the code language. Zimmerman responded that it would be helpful to define it in the same way other housing options are, like single-family or townhouses. Commissioner Johnson asked staff to expand on why an accessory structure for a rowhouse would be larger than that for a single-family home. Staff responded that a potential rowhouse may have 4 units and this allows for a single row of garages instead of four single-car garages. The conversation continued on how this housing type isn't currently offered in Golden Valley and that it seems to be a size and price point desirable to many people. The conversation evolved into the size of the building envelope, building footprint, and potential square footage. Commissioners then moved on to building height and setbacks. Youth Member Orloff asked about maxing the units at 4 per row and not 6. Staff responded that it boils down to unit size and thus lot size. Other Commissioners chimed in support for 4 units and making larger decisions based on the success of 4- unit rows. Commissioners and staff discussed the R-2 zoning, available lot locations, and density.The discussion moved on to aesthetic, builds, and stories in a unit depending on lot width. Commissioners returned to setbacks and discussed them within context of avoiding shadowing of neighbors. Chair Blum brought up potential appeals being requested during rowhouse builds and the need to maintain consistency. Blum added that a potential solution could be to include a preamble or intent statement in this code section to articulate the importance of caution regarding variances. He added that he wasn't sure what was allowed or how specifics would occur but that he could see its value. Baker asked if this intent would then be added to other pieces of code language and become an ordinance or if this was specific only to rowhouses. Zimmerman added that there is a purpose statement before each section of zoning and that may be a good opportunity to add something like that. He added that it tends to be harder to receive a variance on a new development versus an addition. The conversation moved on to architectural standards for builds and staff pointed out some standards are set in the zoning code already. Segelbaum added that while he doesn't want rowhouses to deviate too far from the general aesthetic of the neighborhood, he doesn't want them to be identical. Blum echoed this statement and added that having material and architectural standards now and becoming flexible later, is easier than the reverse. Baker added that he'd like to set the general building standard for rowhouses so they transition well when next to a single-family home. Commissioners agreed that they need another discussion meeting before bringing this item to a public hearing. Commissioners and staff reviewed a number of items to discuss further: rowhouse definition, 50- foot width requirement between units, updated intent statement, material standards, underground parking, residential facilities, mixed income options. City of Golden Valley Planning Commission Regular Meeting 2 February 8, 2021—7 pm Jason Zimmerman, Planning Manager, reminded the group that this public hearing item was tabled due to deadlines and items to be reviewed.Since the previous meeting,the applicant and Hidden Lakes HOA are continuing conversations and the applicant requested an extension to allow those conversations to continue. The applicant will also revise any plans as needed and provide them at a later date. Timing is unclear as of the date of this meeting but residents will be sent a letter within 60 days with an update. MOTION made by Commissioner Baker, seconded by Commissioner Johnson, to table the Hidden Lakes PUD discussion to a later date. Staff called a roll call vote and the motion carried unanimously. 5. Discussion— Modifying the Moderate Density Residential (R-2) Zoning District to Allow Rowhouses Jason Zimmerman, Planning Manager, reminded commissioners of previous discussions on this topic and items the Commissioners wished to discuss further. Zimmerman reviewed the definition of a rowhouse and how it would be added to definitions of other dwellings. Zimmerman revisited the R-2 Purpose Statement and reminded members of previous conversations about possibly editing the R-2 purpose statement and if that should be done alone or in conjunction with the purpose statements for other zoning districts. At a previous meeting, Commissioners asked about residential facilities/group homes and how they would be included in the R-2 zoning code. A rowhouse with 3-4 rental units might be considered a multifamily structure, this would likely require allowing higher density group homes on these lots, if not on all R-2 zoned properties. The City Attorney is looking into this particular situation. Staff revisited minimum lot width and initially opted to follow an approach used for single-family homes and duplexes. After discussion on whether that was excessive, staff had proposed a 150-foot width for 3-unit rowhouses and a 200-foot width for 4 unit rowhouses. As of this meeting, architectural and Material Standards have not been applied to R-1 and R-2 zoning districts. Standards could be added to rowhouses and staff listed possibilities for both categories. There are area limitations for accessory structures and staff reviewed that each single-family or two- family lot is limited to a total of 1,000 square feet and suggested each rowhouse lot be limited to a total of 2,200 square feet for accessory structures. Staff reviewed what that included, what it didn't include, and that no accessory structure shall occupy a footprint larger than that of the principal structure. How this specifically relates to rowhouses and changes based on number of units was further discussed. Commissioner Baker asked staff about underground parking and if that was going to be revisited. Staff responded that they were not going to prohibit underground parking but would likely encourage attached parking. Requiring underground parking with units this small can get very expensive and challenging to construct. City of Golden Valley Planning Commission Regular Meeting 3 February 8, 2021—7 pm Chair Blum opened the discussion on the presentation and staff started with asking Commissioners for questions around definitions. Baker mentioned that the rowhouse definition doesn't explicitly say "side-by-side" and should in some capacity otherwise the intention to avoid under/over is lost. The discussion around language in the definition continued. Commissioner Segelbaum mentioned that it makes sense to leave the definition to define the structure and not how it's occupied. Blum added that if the goal is to introduce this particular model to increase variety of housing,then it may be useful to define how the building is owned and occupied. Blum added that this language could ensure each unit is occupied as single-family and avoid potential group home housing next to other R-1 housing. Staff added that occupancy as single or multi-family has not been considered yet within the R-2 definition for a lot.There may be increased density, a group home, or a residential facility as part of the lot use within the R-2. Baker asked Blum to clarify if he wanted to exclude residential facilities and Blum responded that he wasn't opposed to the facilities but rather the potential jump in density for a future R-2 district. Staff added the City Attorney is reviewing these potential classifications for a single-family use or a multi-family use in a district like this. Staff moved on to the next item, and mentioned the Chair was curious about how to leverage the purpose statement to strengthen the evaluation of variance requests. Chair Blum stated the goal was to meet community needs that are consistent with the Comprehensive Plan. Commissioner Baker added that he sees this as a good opportunity however prefers staff's approach in the memo to consider this as a separate policy discussion and address it in all zoning districts. Baker added it should be on the to-do list to address and ask Council for support; it should not be done here to only address rowhouses. Commissioner Sadeghi expressed support for the proposed purpose statement and pointed out that it adequately addresses density. Policy and code language can be addressed later. Commissioner Segelbaum echoed this sentiment. This discussion continued and Commissioner Johnson asked if they need to wait on direction from the City Attorney before moving forward. Staff said they will wait on direction from the City Attorney before presenting specific code language to the Planning Commission for a vote. The next item to address was regarding Residential Facilities but folks felt it was already addressed. Staff moved on to lot width. Staff asked if the minimum lot width requirement was necessary or if they could utilize the minimum setback and unit width requirements already built into this section of code. Commissioner Johnson stated utilizing the built-in setbacks seems more practical. He stated his support for this option. Commissioner Sadeghi and Commissioner Baker echoed support for this statement. Staff moved on the Architectural and Material Standards. The items listed are pretty standard for requirements in other zoning districts but staff wanted to know if Commissioners felt these standards should be applied to rowhouses. Commissioner Baker stated the standards listed were practical however these standards are not placed on single family homes in this district so he's not sure it's needed. Commissioner Segelbaum stated the standards for rowhouses should mirror those for single family homes. Staff clarified there weren't any so Segelbaum stated they City of Golden Valley Planning Commission Regular Meeting 4 February 8, 2021—7 pm should line up with R-1. Commissioner Pockl asked if screening standard and entrance location would be included if the other standards weren't Staff confirmed that screening was covered in the code elsewhere and the entrance could be in the definition of a rowhouse. Commissioner Johnson stated support for these standards so the definition of a rowhouse is clear and deliberate. Commissioner Sadeghi echoed this comment and added that being too prescriptive with materials may create a burden and decrease feasibility for developers and builders. Staff moved on to Accessory Structures and specifically detached garages. Commissioner Baker asked if a detached garage increased the impervious surfaces and staff responded that it depends on the structures. Staff doesn't have a blueprint in hand as an example so that possibility would be dependent on many factors. The discussion continued and Commissioners discussed parking, garages, number of stalls per unit, and vehicles outside. 6. Discussion—2020 Land Use/Zoning Study—Office Uses Myles Campbell, Planner, reminded Commissioners the goal of this item is to update the zoning code to match the land use policies of the 2040 Comprehensive Plan. This will also help modernize the code and make it more approachable and accessible for residents/business owners. Staff is currently revising Office zoning code language and uses. The purpose of the Office Zoning District is to provide areas for the offices, clinics, day care centers, financial institutions, and other compatible uses that serve local and regional needs. The District fosters employment opportunities and encourages transitions between land uses. The District is not intended to serve as an area for the sale of or handling of goods, wares, merchandise, or commodities. Staff presented a preliminary use table for economic and business activities in the following districts: commercial, light industrial, industrial, and office zoning districts. Campbell described the table and defined the language. Staff is looking for direction on the preliminary table regarding use of sub-categories, where in the zoning chapter this table should be located, and id Mixed-Use districts should have their own land use table. Commissioner Baker suggested staff utilize the Communications department to navigate ease of use within the code. Commissioner Johnson added that location is important but adding hyperlinks to direct users to specific areas would be beneficial. Commissioner Pockl spoke in favor of sub- categories. Commissioners and staff discussed uses and categorical differences for clarification. Televised portion of the meeting concluded at 9:00 pm 7. Council Liaison Report Council Member Rosenquist invited the Commissioners to the Joint Boards and Commissions event at the end of February to hear about the City Council's 2021 goals. She updated them on the Legislative Priorities, including an effort around fiscal disparities. Rosenquist provided quick updates on the of W 7800 Golden Valley Road I Golden Valley,MN 55427 city 763-593-3992 1 TTY 763-593-3968 1 763-593-8109(fax)I www.goldenvalleymn.gov Olden ll�r Planning Commission -xvalley February 22,2021—7 pm REGULAR MEETING MINUTES This meeting was held via Webex in accordance with the local emergency declaration made by the City under Minn. Stat. § 12.37. In accordance with that declaration, beginning on March 16, 2020, all Planning Commission meetings held during the emergency were conducted electronically. The City used Webex to conduct this meeting and members of the public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org, or by dialing in to the public call-in line. 1. Call to Order The meeting was called to order at 7:00 by Chair Blum. Roll Call Commissioners present: Rich Baker, Ron Blum, Andy Johnson, Noah Orloff, Lauren Pockl, Ryan Sadeghi, Chuck Segelbaum Commissioners absent: Adam Brookins Staff present: Jason Zimmerman — Planning Manager, Myles Campbell — Planner Council Liaison present: Gillian Rosenquist 2. Approval of Agenda Chair Blum asked for a motion to approve the agenda. MOTION made by Commissioner Segelbaum, seconded by Commissioner Baker, to approve the agenda of February 8, 2021. Staff called a roll call vote and the motion carried unanimously. 3. Approval of Minutes Chair Blum asked for a motion to approve the minutes from February 8, 2021. MOTION made by Commissioner Baker, seconded by Commissioner Johnson,to approve minutes. Staff called a roll call vote and the motion carried unanimously. 4. Informal Public Hearing—Zoning Text Amendment to Modify the Moderate Density Residential (R-2) Zoning District to Allow Rowhouses Applicant: The City of Golden Valley Jason Zimmerman, Planning Manager, introduced the topic, recapped the current R-2 regulations, and revisited the consideration of adding rowhouses as a use in the R-2 zoning district. Zimmerman went on to define rowhouses as well as show images of traditional rowhouses and contemporary versions. This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968)to make a request. Examples of alternate formats may include large print, electronic, Braille,audiocassette, etc. City of Golden Valley Planning Commission Regular Meeting 2 February 22, 2021—7 pm Proposed Zoning Text Changes involve three sections of code (plus one section of the Subdivision Chapter): Sec. 113-1.— Definitions Sec. 113-89. - Moderate Density Residential (R-2) Zoning District Sec. 113-157. —Architectural and Material Standards Sec. 109-123. — Minor Subdivisions for a Residential Zero Lot Line Home Zimmerman reviewed each section during the meeting presentation and details are in the agenda packet. Staff recommendations Amend the text of Section 113-1: Definitions, Section 113-89: Moderate Density Residential (R-2) Zoning District, and Section 113-157: Architectural and Material Standards in order to allow for the construction of rowhouses in the R-2 Zoning District. Request the Planning Commission provide comments in support of proposed changes to Section 109- 123: Minor Subdivisions for a Residential Zero Lot Line Home in order to allow owner-occupied dwelling units in rowhouses. Chair Blum opened the public hearing at 7:35pm. There were no callers. Commissioners asked clarifying questions about the garages, their location, and the connection between multiple curb cuts. If garages were tuck under, then each rowhouse could have its own curb cut and driveway. If there were two detached garages for two units to share, then there would be two curb cuts on the two sides to facilitate shared drives. Commissioner Segelbaum asked if the architectural and material standards were consistent with other zoning districts and staff confirmed they were. Segelbaum followed by asking if these standards were only applicable to rowhouses in R-2, not other home types; staff confirmed this as well. Chair Blum added he would have liked the material standards to echo those of the Institutional and Mixed Use districts rather than R-3 and R-4. Commissioners and staff discussed material classification specifics. The conversation moved on to language specifics and word change suggestions were made to staff. Commissioner Johnson congratulated staff on their work, stated the importance of being cost effective, and feels the group put standards together that are reflective of the City and process. Johnson added that he feels the group performed their role in the task designated to them and he's ready to vote in favor of staff recommendation. Commissioner Pockl asked staff if the definition of a rowhouse had been changed since the previous meeting. Zimmerman stated that the definitions was tweaked and the definition in the packet is what will be used moving forward. Commissioner Baker expressed satisfaction with the edited definition and added it alleviated concerns he had with the previous version. City of Golden Valley Planning Commission Regular Meeting 3 February 22, 2021—7 pm Blum mentioned the difference in height/setback ratio as compared to R-1.Zimmerman discussed the differences as well as the structural setback being greater for rowhouses. The conversation continued to cover lot coverage, material costs, accessory space, and aesthetic quality. Chair Blum closed the public hearing at 8:07pm. MOTION made by Commissioner Johnson, seconded by Commissioner Baker, to follow staff recommendation and amend the text of Section 113-1, Section 113-89, and Section 113-157 to allow for the construction of rowhouses in the R-2 Zoning District. Staff called a roll call vote and the motion carried unanimously. S. Discussion—2020 Land Use/Zoning Study— Institutional Uses Myles Campbell, Planner, reminded Commissioners the goal of this item is to update the zoning code to match the land use policies of the 2040 Comprehensive Plan. This will also help modernize the code and make it more approachable and accessible for residents/business owners. Staff is currently revising Institutional Zoning code language and uses. The purpose of the Institutional Zoning District is to establish areas where both public and private institutional uses such as schools, hospitals, parks, golf courses, nursing homes, and public buildings may be located. Campbell presented the current breakdown of sub-districts within the Institutional District and presented staff-suggested uses for realigned sub-districts. Institutional-Assembly (I-A) Institutional-Medical (I-M) Permitted Uses: Permitted Uses: • Places of Assembly • Convalescent homes, nursing homes, clinics, • Public and Private Schools and other buildings incidental to the • Libraries operation thereof • Museums • Essential services, Class I • Essential services, Class I Conditional Uses: Conditional Uses: • Congregate housing • Adult day care centers • Hospitals and outpatient surgical facilities • Child care centers. • Residential facilities • Senior and disability housing Institutional-Civic (I-C) Institutional-Parks and Natural Areas (I-P) Permitted Uses: Permitted Uses: • City offices, fire stations, and other lands • Parks and Playgrounds incidental to the operation of the City • Golf courses, country clubs, and other • Cemeteries Recreation Facilities • Essential services, Class I ORDINANCE NO. 705 AN ORDINANCE AMENDING THE CITY CODE Amending Section 113-1 : Definitions, Section 113-89: Moderate Density Residential (R-2) Zoning District, and Section 113-157: Architectural and Material Standards — Allowing for the Construction of Rowhouses The City Council of the City of Golden Valley hereby ordains as follows: Section 1 . Section 113-1 , Subdivision (b)(2) is hereby amended by include the following language: Rowhouse: A building consisting of a row of contiguous single-family attached dwelling units joined only by shared sidewalls and with each unit having separate and individual front and rear entrances. Section 2. Section 113-89, Subdivision (a) is hereby amended to read as follows: Purpose. The purpose of the Moderate Density Residential (R-2) Zoning District is to provide for single-family, two-family, and rowhouse dwellings at a moderate density (up to eight units per acre) along with directly related and complementary uses. Section 3. Section 113-89, Subdivision (c) is hereby amended to read as follows: Principal Uses. The following principal uses shall be permitted in the R-2 Zoning District: (1) Single-family dwellings, consistent with the City's Mixed-Income Housing Policy (2) Two-family dwellings, consistent with the City's Mixed-Income Housing Policy (3) Rowhouses with up to four attached units, consistent with the City's Mixed-Income Housing Policy (4) Foster family homes (5) Residential facilities serving six or fewer persons; and (6) Essential services, Class I. Section 4. Section 113-89, Subdivision (f)(1)(a) is hereby amended to read as follows: Front Setback. The required minimum front setback for single-family and two- family dwellings shall be 35 feet from any front lot line along the street right-of- way line. Decks and open front porches, with no screens, may be built to within 30 feet of a front lot line along a street right-of-way line. The required minimum front setback for rowhouses shall be 25 feet from any front lot line along the street right-of-way line. 1 Section 5. Section 113-89, Subdivision (f)(1)(b) is hereby amended to read as follows: Rear Setback. The required rear setback for single-family and two-family dwellings shall be 25 feet and for rowhouses shall be 35 feet. Section 6. Section 113-89, Subdivision (f)(1)(c)(1) is hereby added and the following Subdivisions re-numbered accordingly: In the case of rowhouse lots, the side setbacks for any portion of a structure 20 feet or less in height shall be 20 feet. Any portion of a structure greater than 20 feet in height shall be stepped back an additional 15 feet from the side lot line. Section 7. Section 113-89, Subdivision (f)(2) is hereby amended to read as follows: Height Restrictions. No principal structure for a single-family or two-family dwelling shall be erected in the R-2 Zoning District with a building height exceeding 28 feet as measured from the average grade at the front building line. No principal structure for a rowhouse shall be erected in the R-2 Zoning District with a building height exceeding 35 feet as measured from the average grade at the front building line to the highest point of the structure or exceeding three stories, whichever is less. The average grade for a new structure shall be no more than one foot higher than the average grade that previously existed on the lot. Section 8. Section 113-89, Subdivision (f)(8) is hereby added to read as follows: Rowhouse Unit Requirements. No individual unit within a rowhouse shall have a width of less than 24 feet as measured from the interior faces of the shared dividing walls. Units shall be side by side and each unit shall have an individual front entrance. Section 9. Section 113-89, Subdivision (g)(1)(a) is hereby added to read as follows: Location. A detached accessory structure on a single-family or two-family lot shall be located completely to the rear of the principal structure, unless it is built with frost footings. In that case, an accessory structure may be built no closer to the front setback than the principal structure. A detached accessory structure on a rowhouse lot shall be located completely to the rear of the principal structure. Section 10. Section 113-89, Subdivision (g)(3) is hereby amended to read as follows: 2 Area Limitations. Each single-family or two-family lot is limited to a total of 1 ,000 square feet and each rowhouse lot is limited to a total of 2,200 square feet of the following accessory structures: detached and attached garages, detached sheds, greenhouses, and gazebos. Swimming pools are not included in this requirement. No one detached accessory structure for a single-family or two- family lot may be larger than 800 square feet in area and for a rowhouse lot 1 ,100 square feet in area. No accessory structure shall occupy a footprint larger than that of the principal structure. All accessory structures are subject to the State Building Code and City ordinances. Section 11 . Section 113-89, Subdivision (g)(5)(b)(1) is hereby amended to read as follows: Measurement of Front Fagade. In the case of a single-family dwelling, the width of the front fagade shall be the direct, linear, horizontal distance between the dwelling's exterior side walls at the front fagade's widest point. In the case of a two-family or rowhouse dwelling, the width of the front fagade shall be the direct, linear, horizontal distance between the dwelling unit's side boundary walls at the front fagade's widest point. Section 12. Section 113-89, Subdivision 0) is hereby amended to read as follows: Lot Coverage. For single-family and two-family lots, structures, including accessory structures, shall not occupy more than 30 percent of the lot area. For rowhouse lots, structures, including accessory structures, shall not occupy more than 35 percent of the lot area. Section 13. Section 113-89, Subdivision (I)(4) is hereby amended to read as follows: Street Access. Each lot may have only one street curb cut access, except the following lots may have multiple street curb cut accesses: a. A single-family or two-family lot that contains two legally constructed garages may have up to two street curb cut accesses. b. A rowhouse lot that contains three or four legally constructed garages may have up to one street curb cut per garage. c. A lot of a resident who requires additional driveway access qualifying for a reduced class rate for homestead property as defined by Minn. Stats. § 273.13, subd. 22, Class 1 b. Section 14. Section 113-157 is hereby amended to add the following Subdivision and re-lettering accordingly: (c) Rowhouses in Moderate Density Residential (R-2) Zoning Districts. (1) Architectural 3 a. Fagades. Fagades greater than 40 feet in length shall be visually articulated into smaller intervals by: 1 . Stepping back or extending forward a portion of the fagade 2. Providing variation in materials, texture, or color 3. Placement of doors, windows, and balconies Buildings shall have a defined base, middle, and top, and employ elements that relate to the human scale and appeal to pedestrians, such as doors and windows, projections, or awnings and canopies. A middle is not required on a one-story building. b. Openings. Views into and out of the building shall be provided to enliven the streetscape and enhance security. Windows and door openings shall comprise at least 20 percent of the area of the ground floor fagade facing the primary street. Window and door openings shall comprise at least 15 percent of the area of the side and rear ground floor fagades. On upper stories, windows shall comprise at least 15 percent of the fagade area. Window and door openings shall be clear or slightly tinted to allow unobstructed views into and out of buildings. Window shape, size, and patterns shall emphasize the intended organization and articulation of the building fagade. c. Entrances. Building entrances shall be provided on the primary street on which the building fronts, in addition to any entrances from rear parking areas. Street entrances shall be lighted and defined by means of a canopy, portico, recess, or other architectural details. d. Screening. Utility service structures (such as utility meters, utility lines, and transformers), refuse and recycling containers, and other ancillary equipment must be inside a building or be screened from off-site views. Rooftop equipment shall be screened from view from the public right-of- way by a parapet wall or a fence the height of which extends at least one foot above the top of the rooftop equipment and is compatible with exterior materials and architectural features of the building. (2) Materials a. Front fagades, and side are rear fagades visible from the public right-of- way, shall be composed of at least 50% Class I materials and no more than 10% Class III materials. b. Side and rear fagades not visible from the public right-of-way shall be composed of at least 40% Class I materials and no more than Class III materials. c. Each fagade must utilize a minimum of two types of Class I materials. 4 Section 15. City Code Chapter 1 entitled "General Provisions" and Sec. 1-8 entitled "General Penalty; Continuing Violations" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 16. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 16th day of March, 2021 . /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/ Theresa J. Schyma Theresa J. Schyma, City Clerk 5 Section 113-1: Definitions Rowhouse: A building consisting of a row of contiguous single-family attached dwelling units joined only by shared sidewalls and with each unit having separate and individual front and rear entrances. Section 113-89: Moderate Density Residential (R-2) Zoning District (a) Purpose. The purpose of the Moderate Density Residential (R-2) Zoning District is to provide for single-family.,aP4 two-family, and rowhouse dwellings at a moderate density (up to eight units per acre) along with directly related and complementary uses. (c) Principal Uses. The following principal uses shall be permitted in the R-2 Zoning District: (1) Single-family dwellings, consistent with the City's Mixed-Income Housing Policy (2) Two-family dwellings, consistent with the City's Mixed-Income Housing Policy (3) Rowhouses with up to four attached units, consistent with the City's Mixed- Income Housing Policy (44) Foster family homes (45) Residential facilities serving six or fewer persons, and (56) Essential services, Class I. (f) Principal Structures. Principal structures in the R-2 Zoning District shall be governed by the following requirements: (1) Setback Requirements. The following setbacks shall be required for principal structures in the R-2 Zoning District. Garages or other accessory structures which are attached to the dwelling or main structure shall also be governed by these setback requirements, except for stairs and stair landings up to 25 square feet in size and for accessible ramps. a. Front Setback. The required minimum front setback for single-family and two- family dwellings shall be 35 feet from any front lot line along the street right- of-way line. Decks and open front porches, with no screens, may be built to within 30 feet of a front lot line along a street right-of-way line. The required minimum front setback for b. Rear Setback. The required rear setback for single-family and two-family dwellings shall be 25 feet and for rowhouses shall be 35 feet. 1 c. Side Setbacks. Side yard setbacks are determined by the lot width at the minimum required front setback line. The distance between a structure and the side lot lines shall be governed by the following requirements: 1 . In the case of rowhouse lots, the side setbacks for any portion of a structure 20 feet or less in height shall be 20 feet. Any portion of a structure greater than 20 feet in height shall be stepped back an additional 15 feet from the side lot line. (2) Height Restrictions. No principal structure for a single-family or two-family dwelling shall be erected in the R-2 Zoning District with a building height exceeding 28 feet as measured from the average grade at the front building line. No principal structure for a rowhouse shall be erected in the R-2 Zoning District with a building height exceeding 35 feet as measured from the average grade at the front building line to the highest point of the structure or exceeding three stories, whichever is less. The average grade for a new structure shall be no more than one foot higher than the average grade that previously existed on the lot. (8) Rowhouse Unit Requirements. No individual unit within a rowhouse shall have a width of less than 24 feet as measured from the interior faces of the shared dividing walls. Units shall be side by side and each unit shall have an individual front entrance. (g) Accessory Structures. Accessory structures in the R-2 Zoning District shall be governed by the following requirements: (1) Location and Setback Requirements. The following location regulations and setbacks shall be required for accessory structures in the R-2 Zoning District: a. Location. A detached accessory structure on a single-family or two-family lot shall be located completely to the rear of the principal structure, unless it is built with frost footings. In that case, an accessory structure may be built no closer to the front setback than the principal structure. A detached accessory structure on a rowhouse lot shall be located completely to the rear of the principal structure. (3) Area Limitations. Each single-family or two-family lot is limited to a total of 1 ,000 square feet and each rowhouse lot is limited to a total of 2,200 square feet of the 2 following accessory structures: detached and attached garages, detached sheds, greenhouses, and gazebos. Swimming pools are not included in this requirement. No one detached accessory structure for a single-family or two- family lot may be larger than 800 square feet in area and for a rowhouse lot 1 ,100 square feet in area and aRy aGG86S^r„ 6trH Gt�iro ever 299 square foot in area rorri iiroc ",iildip, permit. No accessory structure shall occupy a footprint larger than that of the principal structure. All accessory structures are subject to the State Building Code and City ordinances. (5) Garage Provisions. The following requirements shall apply to all garages constructed in the R-2 Zoning District: 1 . Measurement of Front Fagade. In the case of a single-family dwelling, the width of the front fagade shall be the direct, linear, horizontal distance between the dwelling's exterior side walls at the front fagade's widest point. In the case of a two-family or rowhouse dwelling, the width of the front fagade shall be the direct, linear, horizontal distance between the dwelling unit's side boundary walls at the front fagade's widest point. (j) Lot Coverage. For single-family and two-family lots, structures, including accessory structures, shall not occupy more than 30 percent of the lot area. For rowhouse lots, structures, including accessory structures, shall not occupy more than 35 percent of the lot area. (I) Paved Areas. Paved areas in the R-2 Zoning District, including those constructed of concrete, bituminous pavement, or pavers, are governed by the following provisions: [...] (4) Street Access. Each lot may have only one street curb cut access, except the following lots may have up te twe multiple street curb cut accesses: a. A single-family or two-family lot that contains two legally constructed garages may have up to two street curb cut accesses. b. A rowhouse lot that contains three or four legally constructed garages may have up to one street curb cut per garage. c. A lot of a resident who requires additional driveway access qualifying for a reduced class rate for homestead property as defined by Minn. Stats. § 273.13, subd. 22, Class 1 b. 3 Section 113-157: Architectural and Material Standards (c) Rowhouses in Moderate Density Residential (R-2) Zoning Districts. (1) Architectural a. Facades. Facades greater than 40 feet in length shall be visually articulated into smaller intervals by: 1 . Stepping back or extending forward a portion of the facade 2. Providing variation in materials, texture, or color 3. Placement of doors, windows, and balconies Buildings shall have a defined base, middle, and top, and employ elements that relate to the human scale and appeal to pedestrians, such as doors and windows, projections, or awnings and canopies. A middle is not required on a one-story building. b. Openings. Views into and out of the building shall be provided to enliven the streetscape and enhance security. Windows and door openings shall comprise at least 20 percent of the area of the ground floor facade facing the Primary street. Window and door openings shall comprise at least 15 percent of the area of the side and rear ground floor fagades. On upper stories, windows shall comprise at least 15 percent of the facade area. Window and door openings shall be clear or slightly tinted to allow unobstructed views into and out of buildings. Window shape, size, and patterns shall emphasize the intended organization and articulation of the building facade. c. Entrances. Building entrances shall be provided on the primary street on which the building fronts, in addition to any entrances from rear parking areas. Street entrances shall be lighted and defined by means of a canopy, portico, recess, or other architectural details. d. Screening. Utility service structures (such as utility meters, utility lines, and transformers), refuse and recycling containers, and other ancillary equipment must be inside a building or be screened from off-site views. Rooftop equipment shall be screened from view from the public right-of-way by a parapet wall or a fence the height of which extends at least one foot above the top of the rooftop equipment and is compatible with exterior materials and architectural features of the building. (2) Materials a. Front fagades, and side are rear fagades visible from the public right-of-way, shall be composed of at least 50% Class I materials and no more than 10% Class III materials. b. Side and rear fagades not visible from the public right-of-way shall be composed of at least 40% Class I materials and no more than Class III materials. c. Each facade must utilize a minimum of two types of Class I materials. 4 RESOLUTION NO. 21-14 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 705 AN ORDINANCE AMENDING SECTION 113 OF THE CITY CODE ALLOWING FOR THE CONSTRUCTION OF ROWHOUSES WHEREAS, the City has adopted the above referenced amendment of the Golden Valley City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that the following summary is hereby approved for official publication: SUMMARY PUBLICATION ORDINANCE NO. 705 AN ORDINANCE AMENDING THE CITY CODE Amending Section 113-1 : Definitions, Section 113-89: Moderate Density Residential (R- 2) Zoning District, and Section 113-157: Architectural and Material Standards —Allowing for the Construction of Rowhouses This is a summary of the provisions of Ordinance No. 705 which has been approved for publication by the City Council. This Ordinance adds language to the Zoning Code to allow for the construction of Rowhouses in the Moderate Density Residential (R-2) Zoning District. This ordinance shall take effect upon publication. A copy of the full text of this Ordinance is available from the City Clerk's Office. Adopted by the City Council this 16th day of March, 2021 . Shepard M. Harris, Mayor ATTEST: Theresa J. Schyma, City Clerk 1 ORDINANCE NO. 706 AN ORDINANCE AMENDING THE CITY CODE Amending Section 109-123: Minor Subdivision for a Residential Zero Lot Line Home - Allowing Owner-Occupied Dwelling Units in Rowhouses The City Council of the City of Golden Valley hereby ordains as follows: Section 1 . Section 109-123, Subdivision (b)(1) is hereby amended to read as follows: Each newly created lot shall individually be exempt from the minimum lot size and width requirements found in the R-2 Zoning District provisions of Chapter 113, but in combination the lots shall meet said requirements. Other requirements of this division shall be met as stated. Section 2. Section 109-123, Subdivision (b)(2) is hereby amended to read as follows: The property and structure must be able to be split into substantially equal sections, except as necessary to meet the wider corner lot requirement, and except that developmentally unsuitable portions of a lot may be discounted. Rowhouses may be allowed wider lots for end units. Section 3. City Code Chapter 1 entitled "General Provisions" and Sec. 1-8 entitled "General Penalty; Continuing Violations" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 6th day of April, 2021. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/ Theresa J. Schyma Theresa J. Schyma, City Clerk 1 Section 109-123: Minor Subdivision for a Residential Zero Lot Line Home (b) All of the following conditions shall be met before a minor subdivision for a residential zero lot line home shall be approved: (1) The twe Each newly created lots shall individually be exempt from the minimum lot size and width requirements found in the R-2 Zoning District provisions of Chapter 113, but in combination the lots shall meet said requirements. Other requirements of this division shall be met as stated. (2) The property and structure must be able to be split into#substantially equal sections, except as necessary to meet the wider corner lot requirement, and except that developmentally unsuitable portions of a lot may be discounted. Rowhouses may be allowed wider lots for end units. 1 city EXECUTIVESUMMARY go 1de 7. Administrative Services 763-593-8013 / 763-593-3969 (fax) Golden Valley City Council Meeting March 16, 2021 Agenda Item 4. B. Resolution No. 21-15 Special Assessments—2021 Pavement Management Area Prepared By Sue Virnig, Finance Director Summary Staff will present an overview of the 2021 Pavement Management Program (PMP). The first step will be to consider the special assessments that will coincide with the 2021 PMP. The following resolution needs to be approved for the certification of special assessments for the 2021 Pavement Management area. All Pavement Management Projects are financed by selling General Obligation Bonds for the construction of the street portion of the project. Those bonds need to be financed by a minimum of 20%from special assessments. The remaining costs are funded by bond sales that are paid back through a city tax levy. The following meetings were held on the 2020 Pavement Management Program: September 20, 2018 Feasibility Study was ordered May, 2019 Open House October 23, 2019 Open House April 7, 2020 Project was postponed December 15, 2020 Public Hearing— Proposed Improvements February 4, 2020 Project Bid Opening March 16, 2021 Public Hearing—Proposed Assessments March 16, 2021 Project Award Spring 2021 Begin Construction Fall 2021 Project Completion A legal notice was published February 25 and March 4, 2021. On February 19, 2021 all property owners were mailed a hearing notice of the assessment, resolution that will be considered, sample payment schedule and commonly asked questions. Property owners will have until November 12, 2021 to make payment with no interest. After that date the amount will be certified and paid with property taxes at a 4% interest rate. The interest rate is set from the estimated rate for the upcoming bond sale. The City's interest rate is slightly higher due to the ongoing costs for arbitrage reporting and annual disclosure requirements. City Council Regular Meeting Executive Summary 2 City of Golden Valley March 16, 2021 2021 Pavement Management Program - Includes various improvements for streets in the following locations: • Aquila Avenue North: 23rd Avenue North to Medicine Lake Road • Zealand Avenue North: 23rd Avenue North to Medicine Lake Road • Xylon Avenue North: 23rd Avenue North to Medicine Lake Road • Rose Manor: Aquila Avenue North to Zealand Avenue North • 24t" Avenue North: Zealand Avenue North to Wisconsin Avenue North • 23rd Avenue North: Cavell Avenue North to Xylon Avenue North Financial Or Budget Considerations In 2021, the bond issuance size is estimated at $3,605,000 for the street portion of the 2021 PMP area. The minimum requirement for the City to sell General Obligation Special Assessment bonds is to have at least 20% paid by special assessments for project costs and is $718,956. This meets that requirement. Recommended Action • Open/Close Public Hearing • Motion to Approve Resolution No. 21-15 Adopting and Confirming Assessments for Various Public Improvements for Streets in the 2021 Pavement Management Area. Supporting Documents • Resolution No. 21-15 Adopting and Confirming Assessments for Various Public Improvements in the 2021 Pavement Management Area (2 pages) • List of Property Owners Assessed (2 pages) • Project Area Map (1 Page) RESOLUTION 21-15 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS FOR STREETS IN THE 2021 PAVEMENT MANAGEMENT AREA 1 . The amount proper and necessary to be specially assessed at this time for various public improvements: Project Years Interest Rate First Year Levy Total Assessed 2021 Pavement 10 4% 2022 $718,956.00 Management Area against every assessable lot, piece, or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published, as required by law that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all time since its filing been open for public inspection and an opportunity has been given to all interested persons to present their objections if any, to such proposed assessments. 2. This Council, having heard and considered all objections so presented, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment was and is specially benefited by the construction of said improvement in not less than the amount of the assessment set opposite the description of each such lot, piece and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. 3. The proposed assessments are hereby adopted and confirmed as the proper assessments for each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, together with interest at the rate of four (4) percent per annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not prepaid shall be payable in equal annual principal installments extending over a period of years, as indicated in each case. The first of said installments, together with interest on the entire assessment for the period of January 1 , 2022 through December 31 , 2022, will be payable with general taxes for the year of 2021 , collectible in 2022, and one of each of the remaining installments, together with one year's interest on that and all other unpaid installments, will be paid with general taxes for each consecutive year thereafter until the entire assessment is paid. 4. Prior to certification of the assessment to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole such assessment, with interest to the date of payment, to the City Treasurer, but no interest shall be charged if such payment is made by November 12, 2021 . Resolution 21-15 - Continued March 16, 2021 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax lists of the County and the County Auditor shall thereafter collect said assessment in the manner provided by law. Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk CITY OF GOLDEN VALLEY 2021 PAVEMENT MANAGEMENT PROGRAM LEVY#21025 PID ADDRESS ASSESSMENT 30-118-21-13-0030 8405 23RD AVE N 4,438.00 30-118-21-13-0029 8445 23RD AVE N 8,876.00 30-118-21-13-0028 863 LAKE FOREST RD 8,876.00 30-118-21-12-0041 8520 23RD AVE N 8,876.00 30-118-21-12-0042 8540 23RD AVE N 8,876.00 30-118-21-12-0074 8300 24TH AVE N 4,438.00 30-118-21-12-0073 8350 24TH AVE N 8,876.00 30-118-21-13-0026 2240 AQUILA AVE N 4,438.00 30-118-21-13-0001 2245 AQUILA AVE N 4,438.00 30-118-21-12-0043 2300 AQUILA AVE N 8,876.00 30-118-21-12-0019 2301 AQUILA AVE N 8,876.00 30-118-21-12-0044 2320 AQUILA AVE N 8,876.00 30-118-21-12-0018 2325 AQUILA AVE N 8,876.00 30-118-21-12-0017 2335 AQUILA AVE N 8,876.00 30-118-21-12-0045 2340 AQUILA AVE N 8,876.00 30-118-21-12-0016 2355 AQUILA AVE N 8,876.00 30-118-21-12-0046 2360 AQUILA AVE N 8,876.00 30-118-21-12-0015 2365 AQUILA AVE N 8,876.00 30-118-21-12-0047 2380 AQUILA AVE N 8,876.00 30-118-21-12-0014 7605 EQUITABLE DR 8,876.00 30-118-21-12-0013 2405 AQUILA AVE N 8,876.00 30-118-21-12-0012 2425 AQUILA AVE N 8,876.00 30-118-21-12-0057 2430 AQUILA AVE N 8,876.00 30-118-21-12-0011 2435 AQUILA AVE N 8,876.00 30-118-21-12-0010 2501 AQUILA AVE N 8,876.00 30-118-21-12-0009 2505 AQUILA AVE N 8,876.00 30-118-21-12-0058 2510 AQUILA AVE N 8,876.00 30-118-21-12-0059 2530 AQUILA AVE N 8,876.00 30-118-21-12-0008 2535 AQUILA AVE N 8,876.00 30-118-21-12-0077 2545 AQUILA AVE N 8,876.00 30-118-21-24-0026 2240 CAVELL AVE N 4,438.00 30-118-21-21-0041 2300 CAVELL AVE N 4,438.00 30-118-21-12-0067 8239 MEDICINE LAKE RD 8,876.00 30-118-21-12-0023 8535 MEDICINE LAKE RD 8,876.00 30-118-21-12-0006 8555 MEDICINE LAKE RD 8,876.00 30-118-21-12-0038 8505 ROSE MANOR 8,876.00 30-118-21-12-0037 8507 ROSE MANOR 8,876.00 30-118-21-12-0053 8510 ROSE MANOR 8,876.00 30-118-21-12-0036 8511 ROSE MANOR 8,876.00 30-118-21-12-0054 8520 ROSE MANOR 8,876.00 30-118-21-12-0035 8521 ROSE MANOR 8,876.00 30-118-21-12-0055 8530 ROSE MANOR 8,876.00 30-118-21-12-0056 8540 ROSE MANOR 8,876.00 PID ADDRESS ASSESSMENT 30-118-21-12-0083 2375 WISCONSIN AVE N 4,438.00 30-118-21-12-0079 2300 XYLON AVE N 4,438.00 30-118-21-12-0088 2305 XYLON AVE N 8,876.00 30-118-21-12-0087 2325 XYLON AVE N 8,876.00 30-118-21-12-0078 2330 XYLON AVE N 8,876.00 30-118-21-12-0086 2345 XYLON AVE N 8,876.00 30-118-21-12-0077 2350 XYLON AVE N 8,876.00 30-118-21-12-0085 2365 XYLON AVE N 8,876.00 30-118-21-12-0076 2370 XYLON AVE N 8,876.00 30-118-21-12-0084 2385 XYLON AVE N 8,876.00 30-118-21-12-0075 2390 XYLON AVE N 8,876.00 30-118-21-12-0090 2405 XYLON AVE N 8,876.00 30-118-21-12-0072 2430 XYLON AVE N 8,876.00 30-118-21-12-0089 2435 XYLON AVE N 8,876.00 30-118-21-12-0071 2460 XYLON AVE N 8,876.00 30-118-21-12-0064 2465 XYLON AVE N 8,876.00 30-118-21-12-0073 2490 XYLON AVE N 8,876.00 30-118-21-12-0063 2495 XYLON AVE N 8,876.00 30-118-21-12-0069 2500 XYLON AVE N 8,876.00 30-118-21-12-0062 2505 XYLON AVE N 8,876.00 30-118-21-12-0068 2540 XYLON AVE N 8,876.00 30-118-21-12-0061 390 ROBERT ST N 8,876.00 30-118-21-12-0060 2585 XYLON AVE N 8,876.00 30-118-21-13-0027 2240 ZEALAND AVE N 4,438.00 30-118-21-13-0014 2245 ZEALAND AVE N 4,438.00 30-118-21-12-0034 2300 ZEALAND AVE N 8,876.00 30-118-21-12-0040 2301 ZEALAND AVE N 8,876.00 30-118-21-12-0033 2320 ZEALAND AVE N 8,876.00 30-118-21-12-0039 2325 ZEALAND AVE N 8,876.00 30-118-21-12-0032 2350 ZEALAND AVE N 8,876.00 30-118-21-12-0052 2365 ZEALAND AVE N 8,876.00 30-118-21-12-0031 2370 ZEALAND AVE N 8,876.00 30-118-21-12-0030 2380 ZEALAND AVE N 8,876.00 30-118-21-12-0051 2385 ZEALAND AVE N 8,876.00 30-118-21-12-0029 2400 ZEALAND AVE N 8,876.00 30-118-21-12-0050 2405 ZEALAND AVE N 8,876.00 30-118-21-12-0049 2425 ZEALAND AVE N 8,876.00 30-118-21-12-0028 2430 ZEALAND AVE N 8,876.00 30-118-21-12-0027 2460 ZEALAND AVE N 8,876.00 30-118-21-12-0048 2465 ZEALAND AVE N 8,876.00 30-118-21-12-0026 2500 ZEALAND AVE N 8,876.00 30-118-21-12-0025 2520 ZEALAND AVE N 8,876.00 30-118-21-12-0024 2540 ZEALAND AVE N 8,876.00 718,956.00 ..... ...... Medicine Lak d ....................... .....-----— .........——------- z ......................... 0 r — N z z • > CIP Streets 2021 (20-01) 1.27 miles local %gas ....... ..... C it Print Date 611512020 Y0) Sources -Hennepin County Surveyors Office for Ir 2021 PMP Property Lines(2020)&Aerial Photography(2018). 90 el -City of Golden Valley for all other layers. valley (20-01 Project) 0 125 250 500 Feet EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting March 16, 2021 Agenda Item 6. A. Award Construction Contract for 2021 Pavement Management Program Project #20-01 Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, PE, Assistant City Engineer Summary Award Construction Contract Bids for the 2021 Pavement Management Program (PMP) City Improvement Project 21-01 were opened virtually on February 4, 2021. The following bids were received: Contractor Base Bid Alt Bid A Alt Bid B GMH Asphalt Corporation $4,203,084.20 $18,859.50 $155,217.15 Park Construction $4,277,160.09 $37,895.00 $165,550.00 Northwest Asphalt $4,416,250.45 $19,662.50 $161,810.00 Northdale Construction $5,039,850.78 $18,768.75 $154,481.25 Ryan Contracting $5,062.286.25 $17,875.00 $165,000.00 Low Bid Total: GMH Asphalt Corporation $4,358,301.35 Staff reviewed the bids and found them to be accurate and in order. Staff recommends awarding the Contract to GMH asphalt Corporation, including Alternate Bid D: Sanitary Sewer Wye Liners, in the amount of$4,358,301.35. Construction Observation and Engineering Services In addition to the construction contract, there are additional contracts associated with the project that Council should be aware of. First, staff has received a proposal from the consulting engineering firm of Short Elliott Hendrickson, Inc. (SEH), dated February 25, 2021 for construction staking, and engineering services for the 2021 PMP. The construction staking includes all survey work during construction, record drawing survey, and drawing preparation following construction. Construction observation for this project will be performed by both City and SEH staff. The proposal includes a not-to-exceed amount of$228,000, apportion of which will be financed from the street reconstruction portion of the project. City Council Regular Meeting Executive Summary 2 City of Golden Valley March 16, 2021 Secondly, design services for the PMP, which included preparation of the plans and specifications for the project, were also provided by SEH with a contract total not to exceed $373,500, and approved at the September 20, 2018 City Council meeting. Financing The financing for the construction contract is summarized as follows: • The bid for street reconstruction totals $2,840,817.60 and is within the $3,650,000 included in the Street 2021 CIP (S-001) for the project. This amount does not include indirect costs associated with the improvement. • The total bid for sanitary sewer and watermain improvements is $1,033,849.34, which includes Alternate Bid B: Sanitary Sewer Wye Liners and is within the $1,300,000 included in the Water and Sanitary Sewer Utility 2021 CIP (W&SS-001) for this project. This amount does not include indirect costs associated with the improvement • The total bid for storm sewer improvements is $483,664.41 and is within the $750,000 included in the Storm Sewer 2021 CIP (SS-01) for this project. This amount does not include indirect costs associated with the improvement It is expected that construction will begin as weather permits in April 2021 and be completed in the fall. Recommended Action • Motion to authorize the Mayor and City Manager to execute a construction agreement with GHM Asphalt Cooperation in the form approved by the City Attorney for the 2021 Pavement Management Project#20-01 in the amount of$4,358,301.35. Supporting Documents • Location map (1 page) • Contract with GMH Asphalt, Corporation (3 pages) ..... ...... Medicine Lak d ....................... .....-----— .........——------- z ......................... 0 r — N z z • > CIP Streets 2021 (20-01) 1.27 miles local %gas ....... ..... C it Print Date 611512020 Y0) Sources -Hennepin County Surveyors Office for Ir 2021 PMP Property Lines(2020)&Aerial Photography(2018). 90 el -City of Golden Valley for all other layers. valley (20-01 Project) 0 125 250 500 Feet CONTRACT NO. 20-01 AGREEMENT FOR THE 2021 PAVEMENT MANAGEMENT PROJECT NO. 20-01 THIS AGREEMENT (this "Agreement"), entered into the 16t" day of March, 2021 between the City of Golden Valley (the "City"), a municipal corporation, existing under the laws of the State of Minnesota, and GMH Asphalt Corporation, a corporation under the laws of Minnesota ("Contractor"). ARTICLE 1. The Contract Documents. The Contract Documents consist of: this Agreement, the Proposal and Bid of the Contractor, the Contractor's Bonds, the General Conditions, Special Conditions and any supplementary conditions, drawings, plans, Specifications, addenda issued prior to execution of this Agreement, other documents listed herein or in any of the foregoing documents, and Modifications of the same issued after execution of this Agreement (collectively the "Contract" or "Contract Documents"). A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Engineer. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: 1 . Modifications to the Contract 2. This Agreement 3. Special Conditions 4. General Conditions Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. ARTICLE 2. The Work. Contractor, for good and valuable consideration the sufficiency of which is hereby acknowledged, covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all work and labor necessary for 2021 Pavement Management Program (20-01) (the "Project") according to the Plans and Specifications and all of the Contract Documents. Contractor shall commence and conclude the Work in accordance with the Contract Documents. Time is of the essence in this Agreement. Accordingly, Contractor shall complete the Work in accordance with the time schedule for commencement and completion of the Work set forth in the Contract Documents. Contractor shall complete the Work in every respect to the satisfaction and approval of the City. FC - 1 ARTICLE 3. Contract Price. The City shall pay the Contractor the Contract Price in current funds for the Contractor's performance of the Contract. The Contract Price shall be $4,358,301.35, subject to additions and deductions as provided in the Contract Documents. Installment payments, if any, on account of the Work shall be made in accordance with the provisions of the General Conditions. Final payment shall be due and payable on or before thirty (30) days after issuance of a Certificate of Final Completion issued by the City Engineer confirming that the Work has been fully completed and Contractor's obligations fully performed by Contractor. ARTICLE 4. Contractor's Bonds. Contractor shall make, execute and deliver to the City corporate surety bonds in a form approved by the City, in the sum of $4,358,301 .35 for the use of the City and of all persons furnishing labor, skill, tools, machinery or materials to the Project. Said bonds shall secure the faithful performance and payment of the Contract by the Contractor and shall be conditioned as required by law. This Agreement shall not become effective unless and until said bonds have been received and approved by the City. ARTICLE 5. Acceptance of the Work. The City, through its authorized agents, shall be the sole and final judge of the fitness of the Work and its acceptability. ARTICLE 6. Records. Contractor shall keep as complete, exact and accurate an account of the labor and materials used in the execution of the Work as is possible, and shall submit and make this information available as maybe requested by the City. ARTICLE 7. Payment. All payments to Contractor shall be made payable to the order of GMH Asphalt Corporation, and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. Cancellation Prior to Execution. The City reserves the right, without liability, to cancel the award of the Contract at any time before the execution of the Contract by all parties. ARTICLE 9. Special Assessment Contingency. The City's obligation under this contract is contingent upon the availability of appropriated funds, including funds derived from special assessments, from which payment for contract purposes can be made. The City shall not be legally liable for any payment under this Agreement unless the special assessment appeal period under Minn. Stat. § 429.081 has passed and no appeals have been received. ARTICLE 10. Termination. The City may by written notice terminate the Contract, or any portion thereof, when (1) it is deemed in the best public, state or national interest to do so; (2) the Special Assessment contingency has not been met; (3) the City is unable to adequately fund payment for the Contract because of changes in state fiscal policy, regulations or law; or (4) after finding that, for reasons beyond Contractor's control, FC -2 Contractor is prevented from proceeding with or completing the Work within a reasonable time. In the event that any Work is terminated under the provisions hereof, all completed items or units of Work will be paid for at Contract Bid Prices. Payment for partially completed items or units of Work will be made in accordance with the Contract Documents. Termination of the Contract or any portion thereof shall not relieve Contractor of responsibility for the completed Work, nor shall it relieve Contractor's Sureties of their obligations for and concerning any just claims arising out of the Work. IN WITNESS WHEREOF, both parties hereto have caused this Contract to be signed on their respective behalves by their duly authorized offices and their corporate seals to be hereunto affixed the day and year first above written. THE CITY OF GOLDEN VALLEY, MINNESOTA BY Shepard M. Harris, Mayor BY Timothy J. Cruikshank, City Manager GMH ASPHALT CORPORATION BY ITS FC - 3 EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting March 16, 2021 Agenda Item 6. B. Award Contract for the Construction Engineering Services 2021 Pavement Management Program with Short Elliott Hendrickson, Inc. Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, PE, Assistant City Engineer Summary Construction Observation and Engineering Services Staff has received a proposal from the consulting engineering firm of Short Elliott Hendrickson, Inc. (SEH), dated February 25, 2021 for construction staking, and observation for the 2021 PMP. The construction staking includes all survey work during construction, record drawing survey, and drawing preparation following construction. Construction observation for this project will be performed by both City and SEH staff. The proposal includes a not-to-exceed amount of$228, 000 that will be financed from the street reconstruction portion of the project. Design services for the PMP were also provided by SEH with a contract total not to exceed $373,500, which were approved at the January 2, 2018 City Council meeting. The design service contract is also financed from the street reconstruction portion of the project. Financial Or budget Considerations The financing for the SEH Construction Services contract is funded from the 2020 CIP as follows: Street CIP (S-001) $3,650,000 $148,200 Storm Sewer CIP (SS-01) $750,00 $ 25,080 Sanitary Sewer CIP (W&SS-01) $1,300,000 $ 54,720 It is expected that construction will begin as weather permits in April 2021 and be completed in the fall. City Council Regular Meeting Executive Summary 2 City of Golden Valley March 16, 2021 Recommended Actions • Motion to authorize the Mayor and City Manager to execute a professional services agreement with Short Elliott Hendrickson, Incorporated in the form approved by the City Attorney for the observation, construction staking, and engineering services on the 2021 PMP, for an amount not to exceed $228,000. Support Documents • Location map (1 page) • Professional Services Agreement dated March 16, 2021 (15 pages) ..... ...... Medicine Lak d ....................... .....-----— .........——------- z ......................... 0 r — N z z • > CIP Streets 2021 (20-01) 1.27 miles local %gas ....... ..... C it Print Date 611512020 Y0) Sources -Hennepin County Surveyors Office for Ir 2021 PMP Property Lines(2020)&Aerial Photography(2018). 90 el -City of Golden Valley for all other layers. valley (20-01 Project) 0 125 250 500 Feet PROFESSIONAL SERVICES AGREEMENT 2021 PAVEMENT MANAGEMENT PROJECT CONSTRUCTION SERVICES WITH SHORT ELLIOTT HENDRICKSON, INCORPORATED THIS AGREEMENT is made this March 16, 2021 ("Effective Date") by and between Short Elliott Hendrickson, Incorporated a Minnesota corporation with its principal office at 3535 Vadnais Center Drive, St. Paul, MN 55110-3507 ("Consultant"),and the City of Golden Valley, Minnesota,a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the "City'): RECITALS A. Consultant is engaged in the business of providing professional engineering consulting services. B. The City desires to hire Consultant to provide Management of Construction Service! for the Pavement Management Project. C. Consultant represents that it has the professional expertise and capabilities to provide the City with the requested professional services. D. The City desires to engage Consultant to provide the services described in this Agreement and Consultant is willing to provide such services on the terms and conditions in this Agreement. NOW,THEREFORE, in consideration of the terms and conditions expressed in this Agreement,the City and Consultant agree as follows: AGREEMENT 1. Services. Consultant agrees to provide the City with professional consulting services as described in the attached Exhibit A (the "Services"). Exhibit A shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. Consultant may reasonably rely on information and documents provided by or through the City. 2. Time for Completion. The Services shall be completed on or before December 31, 2022, provided that the parties may extend the stated deadline upon mutual written agreement. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Consultant for the Services on an hourly basis and for necessary out-of-pocket expenses at the rates set forth in Consultant's fee schedule, attached hereto as Exhibit B. Consultant's total compensation for the Services, including hourly fees and expenses, shall not exceed $228,00C. The consideration shall be for both the Services performed by Consultant and any and all expenses incurred by Consultant in performing the Services. The City shall make progress payments to Consultant on a monthly basis. Consultant shall submit statements to the City containing a detailed list of project labor and hours, rates,titles,and amounts undertaken by Consultant during the relevant billing period. The City shall pay Consultant within thirty(30) days after Consultant's statements are submitted. 1 4. Approvals. Consultant shall secure the City's written approval before making any expenditures, purchases, or commitments on the City's behalf beyond those listed in the Services. The City's approval may be provided via electronic mail. 5. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty(30) days' written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Consultant's failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Consultant for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 7. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 8. Remedies. In the event of a termination of this Agreement by the City because of a breach by Consultant, the City may complete the Services either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Consultant's breach. 9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that the books, records, documents, and accounting procedures and practices of Consultant, that are relevant to this Agreement or transaction,are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Consultant shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 10. Indemnification. To the fullest extent permitted by law, Consultant, and Consultant's successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents,volunteers,and employees from any and all claims; lawsuits;causes of actions of any kind, nature, or character;damages; losses; and costs,disbursements,and expenses of defending the same, including but not limited to reasonable attorneys' fees, professional services, and other technical, administrative or professional assistance to the extent resulting from Consultant's (or its subcontractors, agents, volunteers, members, invitees, representatives,or employees) negligent performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Consultant, or arising out of Consultant's failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation of liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 2 11. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: A. Workers'Compensation and Employers'Liability 1. Coverage A: Per state statute 2. Coverage B: $500,000 each accident $500,000 Disease—policy limit $500,000 Disease—each employee B. Commercial General Liability 1. $2,000,000 General Aggregate 2. $2,000,000 Products—Completed Operations Aggregate 3. $1,000,000 Each Occurrence 4. $1,000,000 Personal Injury C. Commercial Automobile Liability 1. $1,000,000 Combined single limit bodily injury and property damage. The Commercial Automobile Liability shall provide coverage for the following automobiles: i. All owned automobiles ii. All non-owned automobiles iii. All hired automobiles D. Umbrella Liability 1. $10,000,000 Each claim 2. $10,000,000 Annual aggregate The umbrella liability shall provide excess limits for the commercial general liability policies. E. Professional and Pollution Incident Liability Professional liability insurance including pollution incident liability coverage with limits of not less than: 1. $5,000,000 per claim 2. $5,000,000 annual aggregate Contractor shall provide the City with a current certificate of insurance including the following language: "The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages." Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days' written notice is provided to the City, or 10 days'written notice in the case of non-payment. 3 12. Assignment. Neither the City nor Consultant shall assign or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in this Agreement without the prior written consent of the other except to the extent that the effect of this limitation may be restricted by law. Any assignment in violation of this provision is null and void. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Consultant from employing such independent consultants, associates, and subcontractors,as it may deem appropriate to assist it in the performance of the Services required by this Agreement. Any instrument in violation of this provision is null and void. 13. Independent Contractor. Consultant is an independent contractor. Consultant's duties shall be performed with the understanding that Consultant has special expertise as to the services which Consultant is to perform and is customarily engaged in the independent performance of the same or similar services for others. Consultant shall provide or contract for all required equipment and personnel. Consultant shall control the manner in which the services are performed; however, the nature of the Services and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Consultant is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement.All services provided by Consultant pursuant to this Agreement shall be provided by Consultant as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 14. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to provide the Services. Consultant's guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City's policies prohibiting sexual harassment and tobacco,drug, and alcohol use as defined on the City's Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Consultant agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 15. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall constitute the entire agreement between the City and Consultant, and supersedes any other written or oral agreements between the City and Consultant. This Agreement may only be modified in a writing signed by the City and Consultant. If there is any conflict between the terms of this Agreement and the referenced or attached items, the terms of this Agreement shall prevail. If there is any conflict between this Agreement and Exhibits A or B,the terms of this Agreement shall prevail. 16. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 17. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be mediated with a mutually acceptable third-party neutral within 90 days of either party giving notice to the other of a dispute, controversy or claim. If such mediation is unsuccessful, the dispute, controversy, or claim shall be heard in the state or federal courts of Hennepin County, Minnesota, and all 4 parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 18. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and appearances of impropriety in its representation of the City. In the event of a conflict of interest, Consultant shall advise the City and either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Services. 19. Work Products and Ownership of Documents. All records, information, materials, and work product, including, but not limited to the completed reports, data collected from or created by the City or the City's employees or agents, raw market data, survey data, market analysis data, and any other data, work product,or reports prepared or developed in connection with the provision of the Services pursuant to this Agreement shall become the property of the City, but Consultant may retain reproductions of such records, information, materials and work product. Regardless of when such information was provided or created, Consultant agrees that it will not disclose for any purpose any information Consultant has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or interests in any intellectual property created by Consultant prior to the effective date of this Agreement; however, to the extent Consultant generates reports or recommendations for the City using proprietary processes or formulas, Consultant shall provide the City (1) factual support for such reports and recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the recommendation; and (3)a detailed explanation of the rationale behind the methodology used.All of the obligations in this paragraph shall survive the completion or termination of this Agreement. Any reuse of the records, information, materials, or work product without written verification or adaptation by Consultant will be at the City's sole risk and without liability or legal exposure to Consultant. 20. Agreement Not Exclusive. The City retains the right to hire other professional service providers for this or other matters, in the City's sole discretion. 21. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant, created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes,Chapter 13. Consultant agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Consultant to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement.These obligations shall survive the termination or completion of this Agreement. 22. No Discrimination. Consultant agrees not to discriminate in providing products and services under this Agreement on the basis of race,color,sex,creed, national origin,disability,age,sexual orientation,status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Consultant agrees to comply with Americans with Disabilities Act as amended ("ADA"), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes,Chapter 363A.Consultant agrees to hold harmless and indemnify the City from costs, including but not limited to damages, reasonable attorneys' fees and staff time, in any action or proceeding brought alleging a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Consultant shall provide accommodation to allow individuals with disabilities to participate in all Services 5 under this Agreement. Consultant agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 23. Authorized Agents. The City's authorized agent for purposes of administration of this contract is Jeff Oliver, City Engineer, or designee. Consultant's authorized agent for purposes of administration of this contract is Scott Haupt, PE, or designee who shall perform or supervise the performance of all Services. 24. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONSULTANT THE CITY SEt-, 1 1L,. City of Golden Valley Scott Haupt, PE Jeff Oliver, PE 3535 Vadnais Center Drive 7800 Golden Valley Road St. Paul, MN 55110-3507 Golden Valley, MN 55437 shaput@sehinc.com joliver@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 26. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 27. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 28. Payment of Subcontractors. Consultant agrees that it must pay any subcontractor within 10 days of the Consultant's receipt of payment from the City for undisputed Services provided by the subcontractor. Consultant agrees that it must pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is$10. For an unpaid balance of less than $100, the Consultant shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from Consultant must be awarded its costs and disbursements, including attorneys' fees, incurred in bringing the action. 29. Publicity. At the City's request, the City and Consultant shall develop language to use when discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Consultant shall not use the City's logo or state that the City endorses its services without the City's advanced written approval. 30. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 6 31. Signatory. Each person executing this Agreement("Signatory') represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Consultant did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Consultant, described in this Agreement, personally. 32. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format ("pdf") and signatures appearing on electronic mail instruments shall be treated as original signatures. 33. Recitals. The City and Consultant agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF,the City and Consultant have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. SHORT ELLIOTT HENDRICKSON, INC.: CITY OF GOLDEN VALLEY: By: By: Name: Shepard M. Harris, Mayor Title: By: TimothyJ. Cruikshank, City Manager 7 EXHIBIT A SCOPE OF SERVICES 8 SEH Building a Better World for All of Us' February 25, 2021 RE: City of Golden Valley 2021 PMP Construction Services Proposal SEH No. GOLDV P-159230 14.00 Mr. Jeff Oliver City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427-4588 Dear Mr. Oliver: Thank you for the opportunity to assist the City of Golden Valley in providing professional engineering services for the reconstruction of streets in the 2021 Pavement Management Program (PMP). SEH has recently completed final design services and the City is requesting a scope of work that provides construction services. This letter serves as the Supplemental Letter Agreement in accordance with the Agreement for Professional Services between the City of Golden Valley and SEH. BACKGROUND The City of Golden Valley proposes to reconstruct approximately 1.3 miles of residential streets in the neighborhood east of the Medley Park neighborhood, located in the northwest part of the City. Streets in the proposed project area are bounded Aquila Avenue North on the west, Xylon Avenue North on the east, 23rd Avenue North on the south, and Medicine Lake Road (County Road 70) on the north. The proposed project includes following streets: • Aquila Avenue North: 23rd Avenue North to Medicine Lake Road • Zealand Avenue North: 23rd Avenue North to Aquila Avenue North • Xylon Avenue North: 23rd Avenue North to Medicine Lake Road • Rose Manor: Aquila Avenue North to Zealand Avenue North • 24th Avenue North: Zealand Avenue North to Wisconsin Avenue North • 23rd Avenue North: Cavell Avenue North to Xylon Avenue North The proposed improvements include water main and storm sewer replacement, sanitary sewer repairs, construction of concrete curb and gutter, and street reconstruction. Construction services for the 2021 PMP include construction staking, providing a Resident Project Representative (RPR), and limited construction observation as described below. We understand the City will be providing overall construction administration on this project. Engineers I Architects I Planners I Scientists Short Elliott Hendrickson Inc.,3535 Vadnais Center Drive,St. Paul, MN 55110-3507 651.490.2000 1 800.325.2055 1 888.908.8166 fax I sehinc.com SEH is 100%employee-owned I Affirmative Action-Equal Opportunity Employer Mr. Jeff Oliver February 25, 2021 Page 2 SCOPE OF WORK Construction Staking SEH will provide a survey crew to perform construction staking for the proposed improvements within the proposed project area. Staking tasks for this project will include placement of horizontal control, vertical control, utility staking for private utilities, water main stakes, sanitary sewer manhole stakes, storm sewer stakes, curb and gutter stakes, blue tops after curb is in place, pedestrian ramp stakes, and truck/equipment expenses. All survey coordination for construction staking and observation will be between the survey crew chief and the City. Resident Project Representative The on-site representative for Resident Project Representative (RPR) is the Engineer's agent at the site and will act as directed by and under supervision of the Engineer. The RPR shall serve as the liaison with the contractor, working principally through the contractor's superintendent. They will assist in helping the contractor understand the intent of the Contract Documents. The field personnel will review the progress schedule, shop drawings, and required submittals, Schedule of Materials Control and consult with the Engineer concerning acceptability. The RPR will be responsible for maintaining job site files, for correspondence, meeting reports, field orders, and supplemental agreements. They will maintain a daily diary and records pertaining to quantities, and will assist City staff with the applications for payment. The RPR will also keep information pertaining to record plans and will assist City staff with scheduling the survey crew based on staking requests from the contractor's representative. Observation SEH will provide observation services including attendance at the pre-construction meeting and weekly construction meetings, and will perform shop drawing reviews for the proposed improvements. The proposed budget also includes minor technical support for geotechnical issues that may arise. Time has also been included in the proposed budget to assist the City with project closeout activities. Record Plans SEH will furnish the City with AutoCAD files for the City's use in preparing the record drawings. PROJECT TEAM Scott Haupt will be available to answer design related questions and provide coordination with field staff, and will provide project management of our contract with the City. He will also be available to review design issues in the field if necessary. Robb Stevenson will serve as the RPR and will assist the City with field representation. Greg Tvedt will be the lead Survey Crew Chief. Ron Farmer will be available to provide geotechnical field support as may be required with the subgrade correction work. SCHEDULE We anticipate construction starting in April and ending in October 2021, however the actual schedule will depend on the Contractor's schedule and weather. COMPENSATION SEH proposes to be compensated for the scope of work proposed in the Agreement on an hourly basis. Compensation will be based on the hourly cost of personnel plus reimbursable expenses, including reproductions, mileage, personal vehicle allowance, and equipment. Additional services required beyond the tasks and estimated hours as described can be negotiated or provided as extra work on an hourly basis. Mr. Jeff Oliver February 25, 2021 Page 3 We have estimated the construction services described above to cost a total of$228,000. Anticipated tasks, hours and expenses are included in the attached work task breakdown. The City of Golden Valley will be invoiced for actual labor and reimbursable expenses incurred by SEH to complete the work. This agreement is an understanding of the project to date. If this document satisfactorily sets forth your understanding of our agreement, please sign in the space below and return one copy to our office. We look forward to working with you, your staff, and the community on this project. We appreciate the continued opportunity to work with the City of Golden Valley. Sincerely, SHORT ELLIOTT HENDRICKSON INC. 'J4W 0 vzy�— Scott Haupt, PE (Lic. MN) Project Manager s:\fj\g\goldv\common\proposals\2021 pmp(former 2020 pmp)\construction\2021 pmp construction services p ro posa I_02-25-2021.d ocx t _ / ) \ ) ) \ ) § ) 210 ) 00 j 2 \ k k \ ƒ , e 7 ) \ . / ) ® ) \ / ) ) 9 \ ' ) RP ! ] \ ) \ \ } \ ( ® A , \ a \ / ) 5 /t e z a Zaw « 4wa \ EXHIBIT B FEE SCHEDULE SEH HOURLY BILLABLE RATES - 2021 CLASSIFICATION - OFFICE STAFF BILLABLE RATE Principal $170.00-$270.00 Project Manager $140.00-$240.00 Senior Project Specialist $135.00- $220.00 Project Specialist $100.00-$175.00 Senior Professional Engineer 1 $115.00-$180.00 Senior Professional Engineer 11 $140.00-$225.00 Professional Engineer $105.00-$165.00 Graduate Engineer $85.00-$135.00 Senior Architect $125.00- $210.00 Architect $110.00-$150.00 Graduate Architect $85.00-$110.00 Senior Landscape Architect $115.00-$170.00 Landscape Architect $95.00-$125.00 Graduate Landscape Architect $85.00-$100.00 Senior Scientist $130.00-$170.00 Scientist $90.00-$135.00 Graduate Scientist $80.00-$105.00 Senior Planner $130.00-$210.00 Planner $100.00-$150.00 Graduate Planner $90.00-$120.00 Senior GIS Analyst $110.00-$175.00 GIS Analyst $100.00-$120.00 Project Design Leader $120.00-$185.00 Lead Technician $105.00-$170.00 Senior Technician $90.00-$135.00 Technician $65.00-$115.00 Graphic Designer $90.00-$145.00 Administrative Professional $55.00-$130.00 BILLABLECLASSIFICATION - FIELD STAFF RATE Professional Land Surveyor $110.00-$160.00 Lead Resident Project Representative $95.00-$155.00 Senior Project Representative $90.00-$135.00 Project Representative $75.00-$125.00 Survey Crew Chief $85.00-$135.00 Survey Instrument Operator $60.00-$95.00 (1) The actual rate charged is dependent upon the hourly rate of the employee assigned to the project. The rates shown are subject to change. Effective: January 1,2021 JExpires: December 31,2021 SEH SCHEDULE OF EXPENSES - 2021 Vehicle Mileage Rates 2021 IRS Rate.........................................................................................$0.56/mile Vehicle Allowance Costs Resident Project Representative..........................................................$16.00/day Survey and Field Vehicle............................................. $4.50/hour+$0.56/mile Survey Equipment Robotic Total Station..........................................................................$30.00/hour Global Positioning System(GPS)......................................................$30.00/hour Computer Equipment Computer Charges per Direct Hour of Labor.....................................$3.00/hour Other Equipment Expenses SEH uses many different types of equipment,such as traffic counters;flow meters;air,water,and soil sampling kits; inspection cameras;density meters;and many others.Our equipment is frequently upgraded to utilize current technology.You will be charged for equipment usage per your agreement with SEH. Rates are subject to change. IDENTIFIABLE REPRODUCTION AND REPROGRAPHIC COSTS ""Z' M= Large Black/White Copy"' 0.07 0.24 0.95+0.50/sq.ft. Color Copy"' 0.46 1.02 0.95+2.55/sq.ft. Mylar 5.00 CD Copy 3.00 Lamination 2.00 3.50 3.50/sq.ft. Laminated Foamcore up to 30"x42" 40.00 larger than 40"x60" 75.00 3-Ring Binder size Y 2" 3" 4" cost 3.20 4.80 5.60 7.24 Machine Folding 0.02 Binding wire 3.60 comb 3.20 Covers custom 0.15 blank 0.03 Tabs(white) 0.20 Mailing/Processing UPS or USPS rates (1) prices include operator time (2) prices denote single-sided printing (3) standard stock,white paper used for pricing Prices are subject to change and may not be accompanied by immediate notification. J SEH EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting March 16, 2021 Agenda Item 6. C. First Consideration of Ordinance No. 707 Modifying Solid Waste and Recyclables Collection Prepared By Eric Eckman, Environmental Resources Supervisor Maria Cisneros, City Attorney Summary City Code Section 16 allows the City Council to establish a system for the orderly and regular collection of municipal solid waste, recyclables, bulky waste, source separated organic materials (SSOM or "Organics") and yard waste in the City. The City has contracted with a licensed hauler for residential curbside recycling services since 1987. In 2020, City Council directed staff to expand the existing curbside recycling contract to include organics (SSOM) collection beginning in 2022. Before the new contracted services begin, staff is requesting minor modifications to city code, as shown in the attached underline/overstrike document. First, the existing code definition of Recyclables includes "...materials that are separated from mixed municipal solid waste for the purpose of recycling or composting, including paper, glass, plastics, metals, automobile oil, batteries, and source-separated compostable materials and all material hereafter designated as Recyclable by the City." Staff seeks to clarify that the term "source-separated compostable materials" contained in the Recyclables definition includes "source separated organic materials (SSOM)" as defined in the existing code. Next, in 2019 the City added a cap to the number of licenses it will issue to residential haulers each year. Although a license cap is in place, the existing code allows the City to contract with a hauler for the exclusive pickup of residential garbage, recyclables, yard waste, and refuse for the City. Staff seeks to further clarify this allowance by specifying that the City may issue a residential license to a hauler under contract with the City and it will not count against the license cap. Finally, Sec. 16-196 describes elements of the City's Recycling Program, including curbside recycling billed quarterly to all single- and multiple-family residences of four units or less. Although the code definitions of Recycling and Recyclables include SSOM (Organics), staff seeks to further clarify this point by including the term SSOM as part of the curbside recycling program element. City Council Regular Meeting Executive Summary 2 City of Golden Valley March 16, 2021 This is the first consideration of this Ordinance and will follow a public hearing. The second consideration of the Ordinance is scheduled for April 6, 2021. Financial or Budget Considerations None Recommended Action Motion to Adopt First Consideration of Ordinance No. 707 Amending City Code Section 16 to Modify Solid Waste and Recyclables Collection. Supporting Documents • City Code Section 16 with underline/overstrike (6 pages) • Ordinance No. 707 (1 page) ARTICLE VII. -SOLID WASTE AND RECYCLABLES COLLECTIONu Footnotes: ---(3) --- Editor's note— Ord. No. 673 , §§ 1, 2, adopted Nov. 19, 2019, repealed the former art. VII, §§ 16-192- 16-203, and enacted a new art. VII as set out herein. The former art. VII pertained to collectors of solid waste and recyclables and derived from Code 1988, §§ 6.35(1)-6.35(12); Ord. No. 87, 2nd Series, adopted March 12, 1992; Ord. No. 92, 2nd Series, adopted June 25, 1992; Ord. No. 153, 2nd Series, adopted Dec. 12, 1996; Ord. No. 296, 2nd Series, adopted May 28, 2004; Ord. No. 359, 2nd Series, adopted Jan. 12, 2007; Ord. No. 477, 2nd Series, adopted Dec. 30, 2011; Ord. No. 478, 2nd Series, adopted March 3, 2012; Ord. No. 662 , § 1, adopted May 7, 2019. Sec. 16-192. -Intent. It is the intent of the City Council to establish a system for the orderly and regular collection of MSW, recyclables, bulky waste, SSOM and yard waste in the City; to ensure that the disposal of the material shall be accomplished in a sanitary manner; that the health of the residents of the City shall be properly safeguarded; and to further ensure that the City shall be in compliance with all laws relating to the disposition of recyclables and other waste. The City Manager or their designee shall have the authority to develop additional reporting requirements, application requirements, environmental standards including by not limited to hauler vehicle requirements and other requirements as they deem necessary to provide for the safe, orderly and cost- efficient preparation, collection and disposal of all waste materials covered in this ordinance. These standards shall not be contrary to this ordinance. (Ord. No. 673 , § 2, 11-19-2019) Sec. 16-193. -Definitions. As used in this Article, the following words, terms and phrases shall have the following meanings, except where the context clearly indicates otherwise: Bulky Waste. Bulky waste shall have the meaning set forth in State Statute and is a subset of municipal solid waste. In this Ordinance bulky waste includes household items and other discarded materials that, due to their dimensions and weight, are typically not collected as part of the regular trash and Recycling or for which there may be a separate fee, such as furniture, carpeting, and mattresses, and appliances including electronic devices. Commercial Establishment. Commercial establishment means any premises upon which a commercial or industrial enterprise of any kind is operated, including restaurants, clubs, and churches and, for purposes of Solid Waste licensing, multiple unit residential dwellings. County. County means Hennepin County, Minnesota. Hazardous Wastes. Hazardous Wastes are defined in State Statute. Wastes are hazardous in Minnesota when they display one or more by all Collectors of these characteristics: Ignitable, Oxidizer, Corrosive, Reactive, Toxic, or Lethal. Mixed Municipal Solid Waste. Mixed municipal solid waste (MSW) has the meaning set forth in Minnesota Statutes and means garbage, refuse, rubbish, trash, and other solid waste from residential, commercial, industrial, and community activities, that the generator of the waste aggregates for collection. MSW does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges,tree and agricultural wastes, tires, lead acid batteries, motor and vehicle fluids and filters, and other materials collected, processed, and disposed of as separate waste streams. Multiple Unit Residential Dwelling. Multiple unit residential dwelling means any building consisting of more than four residential dwelling units, each with individual kitchen facilities. Recycling. Recycling shall have the definition in Minnesota Statutes, and shall mean the process of collecting and preparing Recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of Recyclable materials in a manner that precludes further use. Recyclables. Recyclables shall have the meaning set forth in Minnesota Statutes and means materials that are separated from mixed municipal solid waste for the purpose of recycling or composting, including paper, glass, plastics, metals, automobile oil, batteries, and source-separated compostable materials -ludinq but not limited to Source Separated Organic Materials, as that term is defined below, and all material hereafter designated as Recyclable by the City. Residential Dwelling. Residential dwelling means any single building consisting of up to four residential dwelling units, having individual kitchen facilities for each unit. Solid Waste. Solid waste has the meaning set forth in Minn. Stats., § 116.06, but is further defined for purposes of this ordinance to include MSW, recyclables, bulky waste, yard waste, SSOM and litter. Source Separated Organic Materials (SSOM). Source Separated Organic Materials shall have the meaning set forth in State Statute, and shall include food waste and other compostable organic materials that are source separated for recovery. The term "Organics" does not include yard waste for purposes of this Ordinance. (Also referred to as "food waste/organics" and "source separated organics.") Yard Waste. Yard waste means garden wastes, leaves, lawn cuttings, weeds, shrubs, and tree waste and pruning. (Ord. No. 673 , § 2, 11-19-2019) Sec. 16-194. -Waste hauling. (a) License Required. No person, firm or corporation, except City employees, shall collect MSW, recyclables, bulky waste, SSOM or yard waste belonging to another person in the City without a license from the City. (b) Classification and Number of Licenses. The following classes of licenses shall be issued by the City Council: (1) Residential License. A Residential license shall allow collection of all MSW, recyclables, bulky waste, SSOM, and yard waste from any residential dwelling within the City. (a) The number of Residential licenses under this section shall be capped at the number in place on March 31, 2020; any decrease in the number of licenses that occurs after March 31, 2020 due to attrition will decrease the number of available licenses to that extent until the number of available Residential licenses reaches four. (2) Commercial License. A Commercial license shall allow collection of MSW, recyclables, bulky waste, SSOM, and yard waste from any commercial establishment within the City. (c) Required Services. (1) Residential licensees shall furnish a full class of residential services for pickup of, including at least the following: (a) 30/60/90 Gallon Service rates for MSW. (b) Valet service. (c) Yard waste. (d) Weekly or biweekly pick up. (e) Bulky waste. (f) Christmas tree pick up. (2) Commercial licensees shall furnish collection of MSW, recyclables, bulky waste, SSOM, and yard waste. (d) Additional License Requirements. All Residential and Commercial licensees must meet the following minimum requirements: (1) Licensees shall offer separate durable yard waste containers. (2) Licensees shall offer solid waste and yard waste containers that are not easily corrodible or combustible and which are made from at least 25% post-consumer recycled material. (3) Licensees must haul yard waste from at least April 1 to November 15, and as otherwise designated by the City Manager or their designee. (4) To accommodate the needs of the physically disabled and challenged, and to promote the health, safety, and general welfare of the residents of the City, licensees shall provide valet service among their contract options. (5) When a licensee deems any material unacceptable for pickup, the licensee shall tag the rejected material and provide, in writing, the date rejected and a specific reason for refusal). (6) Licensees shall comply with all local, state and federal rules, laws and ordinances related to solid waste disposal. All MSW, recyclables, bulky waste, SSOM, and yard waste shall be disposed of only at places specifically authorized by the State Pollution Control Agency and the County Board and in compliance with this Article. (e) Days and Hours of Collection. Collection of MSW, recyclables, bulky waste, SSOM, and yard waste shall be limited to the following days and hours: (1) Residential and Multiple Dwelling Districts. Collection of MSW, recyclables, bulky waste, SSOM, and yard waste in a residential or multiple dwelling zone shall occur only on Fridays and Mondays between 7:00 a.m. and 6:00 p.m. When a holiday occurs on a weekday, the collection day shall advance by one day. (2) All Other Zoning Districts. Collection of MSW, recyclables, bulky waste, SSOM, and yard waste in all zoning districts other than residential or multiple dwelling zones shall be occur only between 6:00 a.m. and 10:00 p.m. (3) Special Collection Permit. In the event of an emergency, the licensee may apply to the City Manager for a special permit to collect materials at a time or times other than those specified in this section. No such special permit shall extend for a period of more than 14 days from date of its issuance. (f) Vehicles. (1) Vehicles used to collect and transport solid waste over the streets and alleys of the City shall have a fully enclosed metal body which is tightly sealed and properly maintained, and operated to prevent offensive odors escaping therefrom, and solids or liquids from leaking, spilling, dropping, or blowing from the vehicle. (2) Vehicles must be kept in good repair and in clean and sanitary condition and are subject to periodic inspection by the City. Vehicles shall be equipped with brooms and shovels for use in sweeping up all solid waste and refuse spilled during collection or hauling. (3) Vehicles shall contain spill kits capable of absorbing and containing any fuel or hydraulic fluid spills. All spill incidents shall be reported to the City the day of the incident, with location and time of spill, type of spill, and measures used to clean up the spill. (4) No hauler shall operate a truck on any residential street when the weight of the truck exceeds 7 tons per axle. (5) Vehicles must pass all annual inspections required by the Minnesota Department of Transportation, including but not limited to those required by Minn. Stat. § 169.781. All vehicles operated in the City shall display a current DOT inspection decal. (6) Licensee shall immediately report all traffic safety and environmental incidents involving licensee's vehicles that occur in the City to the City staff. (Ord. No. 673 , § 2, 11-19-2019) Sec. 16-195. -Applications and licenses; procedure and administration. (a) Application. Any person desiring a Residential or Commercial collector license from the City shall file an application on forms provided by the City at least 60 days prior to the projected effective date. The applicant shall pay to the City Clerk a license fee established by the City Council, which fee shall accompany the application. (1) Form. Every application for a license issued under this Article shall be on a form provided by the City. The application shall state at a minimum: (a) The name of the applicant. (b) The number of vehicles to be used in the City. (c) A description of the vehicles as to physical characteristics, year and name of manufacturer, and acknowledgement that vehicles contains the requirements set forth in Section 16-194. (d) A statement that the applicant has paid all required fees and taxes. (e) For residential licenses, a schedule of charges for the following required services: i. 30/60/90 Gallon Service rates for MSW. ii. Valet service. iii. Yard waste. iv. Weekly or biweekly pick up. v. Bulky waste. vi. Christmas tree pick up. vii. Taxes and fees. (f) The address of all waste disposal sites used by the applicant. (g) Submission of most current DOT inspection records for each vehicle to be licensed within the City. (h) The name of a local representative of the applicant and the telephone number, email, and physical address where the representative can be conveniently reached (2) Insurance. Each applicant shall submit at the time of license application proof that the applicant has liability insurance issued by an insurer duly licensed in the state of Minnesota providing at least the following coverage: (a) General liability coverage in the amount of$500,000 for bodily injury for each occurrence; $250,000.00 for property damage per occurrence, or a $1,000,000 combined single limit and an annual aggregate limit of$2,000,000. (b) Automobile liability coverage in the amounts of $250,000 for property damage, $250,000 for bodily injury per person, or$500,000 combined single limit. (c) Worker's compensation insurance in accordance with Minn. Stats. § 176. The insurance must remain in force during the term of the license and must provide for notification to the City 30 days before termination or cancellation. A license shall be automatically revoked upon notice of termination or cancellation of insurance and shall remain revoked until and unless other insurance is provided as required. (b) Annual Reporting. Applicants for residential licenses shall submit at the time of initial license application and each renewal application the following information from the prior calendar year: (1) Tonnage of MSW collected. (2) Drop off locations. (3) And other information as the City may require from time to time. (4) The aggregate number of applicant's residential accounts within the City at the time of the application. (5) A summary of the applicant's driver requirements and driver training program. (c) Action. Upon receipt of a complete application, the City Clerk shall forward the application to the City Council for action at its next regularly scheduled City Council meeting. If the City Clerk determines that an application is incomplete, they shall return the application to the applicant with notice of the information necessary to make the application complete. The City Council may either approve or deny the application for a license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council approves the license, the City Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the City Council's decision. (d) Renewals. The renewal of a license issued under this article shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. In order to renew a license, the licensee must: (1) Demonstrate no lapse in the license period, including suspension or revocation during the last 12-month period. (2) Meet all City, county, state and federal laws related to solid waste disposal. (3) Submit a complete annual application renewal form, along with all required attachments, documents, information and payment, on or before the due date. Incomplete applications will be returned to the Licensee but may be resubmitted with the missing information, provided they are resubmitted by the due date. Failure to submit a complete renewal application package by the due date shall be cause to deny the renewal. (e) Transfer. Each license issued under this Article is issued to the applicant only. Licenses are non-transferable. No licensee shall sell, loan or assign a license to another person or entity. (f) Issuance as Privilege and Not a Right. The issuance of a license issued under this article is a privilege and does not entitle the license holder to automatic renewal of the license. Licensing of haulers by the City shall not preclude the City from contracting with a hauler for the exclusive pickup of residential garbage, recyclables, yard waste, and refuse for the City and the City r issue residential licens such er notwithstanding the license cap in section 16- 194(b)(1)(a).- (g) False Statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in such application, or any willful omission of any information called for on such application form, shall work an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this chapter, or any part thereof. (h) Term of License. No license issued hereunder shall be for a longer period than one year, and all licenses shall expire on April 1 of each year. (i) Revocation and Suspension of License. Any license issued hereunder may be revoked or suspended by the Council if false statements have been made in the application and may be revoked upon failure of a licensee to comply with the requirements of the provisions of the City Code. (Ord. No. 673 , § 2, 11-19-2019) Sec. 16-196. -Recycling program. The City shall maintain a recycling program designed to reduce the amount of solid waste generated within the City for disposal. Reports providing information on generation, collection and disposal MSW, recyclables, bulky waste, SSOM, Waste and yard waste within the City shall be submitted to the County as prescribed by its Department of Environment and Energy. The City Manager or their designee shall establish administrative program guidelines for each program and fees shall be established by resolution of the Council. Elements of the recycling program shall consist of: (a) Curbside Recycling and SSOM. The City shall contract for curbside recycling to all single- and multiple-family residences of four units or less. Cost of said program will be billed on a quarterly basis to all such property owners, based on the cost of providing the service less any subsidy provided by the County. (b) Commercial and Institutional Recycling. Commercial and institutional entities within the City shall contract, through a licensed private hauler or the City, for recycling for a minimum of every other week collection, the cost of which shall be paid by said commercial or institutional entity. (c) Multifamily Recycling. Owners of multifamily dwellings containing more than four dwelling units shall provide a recycling collection service, through a licensed private hauler or the City, for their residents with a designated on-site collection area. Owners shall contract for a minimum of every other week collection of the recyclables from the on-site collection area, the cost of which shall be paid by the multifamily dwelling owner. Such collection shall include, at a minimum, all materials collected in the City's curbside recycling program maintained in accordance with this article and shall meet applicable County requirements. (d) Special Collection and Drop-Off Programs. Licensed residential haulers operating within the City shall provide yard waste and woody yard waste pick-up in the spring and fall as part of their collection service. The City may from time to time collect or provide drop-off sites for yard waste or recyclables. (Ord. No. 673 , § 2, 11-19-2019) Sec. 16-197. -Enforcement. The City Manager or their designee shall enforce the provisions of this article. The City shall have the right to enforce this ordinance through all means available under law, including administrative citations, suspension or revocation of a license, or criminal prosecution. Any such enforcement action by the City shall be grounds for the City to deny renewal of future license applications. (Ord. No. 673 , § 2, 11-19-2019) Secs. 16-198-16-229. - Reserved. ORDINANCE NO. 707 AN ORDINANCE AMENDING THE CITY CODE Amending Section 16: Licensing, Taxation and Miscellaneous Regulations - Modifying Solid Waste and Recyclables Collection The City Council for the City of Golden Valley hereby ordains as follows: Section 1 . City Code Section 16-193, Article VII, is amended to read as follows: Recyclables. Recyclables shall have the meaning set forth in Minnesota Statutes and means materials that are separated from mixed municipal solid waste for the purpose of recycling or composting, including paper, glass, plastics, metals, automobile oil, batteries, and source-separated compostable materials including but not limited to Source Separated Organic Materials, as that term is defined below, and all material hereafter designated as Recyclable by the City. Section 2. City Code Section 16-195, Article VII, Subdivision (f) is amended to read as follows: (f) Issuance as Privilege and Not a Right. The issuance of a license issued under this article is a privilege and does not entitle the license holder to automatic renewal of the license. Licensing of haulers by the City shall not preclude the City from contracting with a hauler for the exclusive pickup of residential garbage, recyclables, yard waste, and refuse for the City and the City may issue a residential license to such a hauler notwithstanding the license cap in section 16-194(b)(1)(a). Section 3. City Code Section 16-196, Article VII, Subdivision (a) is amended to read as follows: (a) Curbside Recycling and SSOM. The City shall contract for curbside recycling to all single- and multiple-family residences of four units or less. Cost of said program will be billed on a quarterly basis to all such property owners, based on the cost of providing the service less any subsidy provided by the County. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 61" day of April, 2021 . Shepard M. Harris, Mayor ATTEST: Theresa J. Schyma, City Clerk F: yFCUT1 ".. SUMMARY City Administration 763-593-8006 / 763-593-8109 (fax) Golden Valley City Council Meeting March 16, 2021 Agenda Item 6. D. COVID-19 Pandemic Emergency Administrative Actions Prepared By Tim Cruikshank, City Manager Maria Cisneros, City Attorney Summary The City Manager and City Attorney recommend that the City Council ratify the attached Emergency Administrative Actions approved by the City Manager since March 2, 2021 in response to the COVID-19 pandemic. The new actions include: • Emergency Administrative Action 21-4 Extending the Expiration Date of all Motor-Fuel Dispensing Operations Licenses. Financial or Budget Considerations Not Applicable Recommended Action Motion to ratify Emergency Administrative Actions 21-4 Supporting Documents • Emergency Administrative Action 21-4 (1 page) City Uf cro I d e valley 7800 Golden Valley Road Golden Valley,MN 55427 EMERGENCY ADMINISTRATIVE ACTION 21-04 Pursuant to Mayoral Proclamation and Council Resolution effective March 17, 2020, the City of Golden Valley will extend the expiration date of all current Motor Fuel-Dispensing Operations licenses valid as of the date of this action until May 31, 2020. This extension shall expire on June 1, 2020, unless modified by subsequent City Manager or Council action. Date: March 12, 2021 k(Ar ti,xutt l]:1 sT� Timothy J. Cruikshank, City Manager 763-593-8000 FAx 763-593-8109 TTY 763-593-3968 www..goldenvalleymn.gov ANNOUNCEMENT OF MEETINGS AND EVENTS Three or more Council Members may attend the following MARCH 25 Golden Valley Business Council Meeting 8:30 AM to 9:30 AM Held Virtually 25 Police Commission Task Force Meeting 5:00 PM Held Virtually 30 Building An Equitable Golden Valley Quarterly Conversation-Just Deeds 6:00-7:15 PM Held Virtually APRIL 2 Special City Council Meeting (Closed Executive Session) 5:30-6:30 PM Held Virtually/Closed 6 City Council Meeting 6:30 PM Held Virtually 8 Police Commission Task Force Meeting 5:00 PM Held Virtually 13 Rising TIDES Task Force Meeting 5:15 PM Held Virtually 13 Special City Council Meeting (Commission Appointment Interviews) (Tentative) 5:30-6:00 PM Held Virtually 13 Council Manager Meeting 6:30 PM Held Virtually 20 Facilities Study Task Force Meeting 3:30-5:30 PM Held Virtually 20 Special City Council Meeting (Commission Appointment Interviews) (Tentative) 5:45-6:00 PM Held Virtually 20 City Council Meeting 6:30 PM Held Virtually 22 Golden Valley Business Council Meeting 8:30 AM to 9:30 AM Held Virtually 22 Police Commission Task Force Meeting 5:00 PM Held Virtually