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04-06-21 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 April 6, 2021—6:30 pm Meeting Held Virtually 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 133 731 6076. 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 2. Additions and Corrections to Agenda 3. Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes: 1. Joint Meeting with City Council and Boards/Commissions — February 23, 2021 3 2. Special City Council Meeting (Closed Session) — March 2, 2021 4-5 B. Approval of City Check Register 6 C. Boards, Commissions, and Task Forces: 1. Receive and File Meeting Minutes— Facilities Study Task Force— February 16, 2021 7-11 2. Receive and File Meeting Minutes— Environmental Commission — February 22, 2021 12-13 D. Approval of Bids, Quotes and Contracts: 1. Authorize Contract for Brush Pick-Up with Heartwood Tree Surgeons 14-26 2. Approve Purchase of Two Unmarked Police Vehicles 27-30 3. Approve Purchase of a Floor Scrubber/Sweeper from Tennant Company 31-35 4. Approve Twin City Tennis Camps Independent Contractor & Court Rental Agreement 36-46 5. Approve Memorandum of Understanding for Community Health Internship with 47-58 Normandale Community College 6. Approve 2021-2022 Police Patrol Officer's (LELS Local 27) Agreement 59 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 April 6, 2021—6:30 pm 7. Award Contract for 2021 Asphalt Microsurface Project, City Project #20-04, with 60-81 Asphalt Surface Technologies Corporation (ASTECH Corp) E. Grants and Donations: 1. Approve Resolution No. 21-16, Accepting Donation For a Park Bench Honoring Casey 82-23 McDonald and Grace Coyne F. Approve Resolution No. 21-17 Adopting Amendment to Employee Handbook 84-88 G. Approve Resolution No. 21-18 Authorizing the Revision of Municipal State Aid Street 89-92 Routes H. Approve Resolution No. 21-19 Appointing Tree Inspector 93-94 4. Public Hearing A. Public Hearing and Consideration of Ordinance No. 708 Approval of Major PUD 95-169 Amendment, Carousel Auto PUD No. 95, Amendment#4—9191, 9393, 9595 Wayzata Boulevard and Resolution No. 21-20 Authorizing Summary Publication of the Ordinance 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. A. Approve Carousel Auto PUD No. 95, Amendment#5 —9191, 9393, 9595 Wayzata 170-181 Boulevard B. Second Consideration of Ordinance No. 706, Amending Section 109-123 -Allowing 182-185 Owner-Occupied Dwelling Units in Rowhouses C. Second Consideration of Ordinance No. 707 Modifying Solid Waste and Recyclables 186-194 Collection D. First Consideration of Ordinance No. 709—Amendments to City Code Sections to 195-209 Fireworks and Dangerous Weapons and the Sale of Consumer Fireworks E. First Consideration of Ordinance No. 710, Amending City Code Section 2-43, Relating to 210-213 Salary Adjustments of Mayor and Council Members F. Review of Council Calendar 214 G. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment 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 goldenn '- e va City Council y February 23,2021—6 to 8 pm MINUTES OF THE JOINT MEETING OF THE COUNCIL AND BOARDS AND COMMISSIONS In light of the recently declared COVID-19 health pandemic,the Mayor of the City of Golden Valley declared a local emergency under Minnesota Statute, section 12.37. In accordance with that declaration, beginning on March 16, 2020, all meetings of the City Council held during the emergency were conducted by telephone or other electronic means. As such, all votes are conducted by roll call, so each member's vote on each issue can be identified and recorded pursuant to Minnesota Stat. 13D.021. The City used WebEx to conduct this meeting electronically. Members of the public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org, and by dialing in to the public call-in line.The public was able to participate in this meeting during public comment sections by dialing in to the public call-in line. Present: Mayor Shep Harris, Council Members Larry Fonnest, Maurice Harris, Gillian Rosenquist and Kimberly Sanberg Also Present: Members from the following commissions were in attendance- Board of Zoning Appeals, Civil Service Commission, Environmental Commission, Human Rights Commission, Human Services Commission, Open Space and Recreation Commission, and Planning Commission Staff Presenting: City Manager Cruikshank, Human Resources Director Santelices, and Equity and Inclusion Manager Zackery Mayor Harris started the joint meeting at 6:00 pm. The joint meeting involved a presentation and discussion on topics that included: • Role of Boards/Commissions • Boards/Commissions Introductions and Purpose • Commission Member Testimonials: Why I Serve • Application Process • 2021 Council Action Steps • Equity Training Basics The joint meeting ended at 8:00 pm. Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk 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 2, 2021—5:30 pm SPECIAL CITY COUNCIL MEETING MINUTES In light of the recently declared COVID-19 health pandemic, the Mayor of the City of Golden Valley declared a local emergency under Minnesota Statute, section 12.37. In accordance with that declaration, beginning on March 16, 2020, all meetings of the City Council held during the emergency were conducted by telephone or other electronic means. As such, all votes are conducted by roll call, so each member's vote on each issue can be identified and recorded pursuant to Minnesota Stat. 13D.021. The City used WebEx to conduct this meeting electronically. Members of the public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org, and by dialing in to the public call-in line. The public was able to participate in this meeting during public comment sections, including the public forum, by dialing in to the public call-in line. 1. Call to Order Mayor Harris called the meeting to order at 5:30 pm. 2. Roll Call Present: Mayor Shep Harris, Council Members Larry Fonnest, Maurice Harris, Gillian Rosenquist and Kimberly Sanberg Staff present: City Manager Cruikshank, Human Resources Director Santelices, City Attorney Cisneros, and City Clerk Schyma 3. Adjourn to Closed Executive Session a. Special City Council Closed Executive Session to discuss labor negotiation strategy related to the City's negotiations with the Police Sergeants (LELS Local 34) Union.The meeting may be closed pursuant to Minn. Stat. § 13D.03. Motion by Rosenquist, Second by M. Harris to close the special meeting, pursuant to Minnesota State Statute § 13D.03, for the purpose of discussing labor negotiation strategy related to the City's negotiations with the Police Sergeants (LELS Local 34) Union. Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A) Prior to going into closed session Mayor Harris announced that no other regular business of the City would be discussed at the closed meeting and that a summary of the outcome of the closed session would be provided when the special meeting reconvenes. City of Golden Valley City Council Special Meeting March 2, 2021—5:30 pm The Closed Executive Session was called to order by Mayor Harris at 5:35 pm in a virtual private room. Present: Mayor Shep Harris, Council Members Larry Fonnest, Maurice Harris, Gillian Rosenquist and Kimberly Sanberg Staff present: City Manager Cruikshank, Human Resources Director Santelices, and City Attorney Cisneros The special executive session was closed pursuant to Minn. Stat. § 13D.03. The Closed Executive Session was adjourned by unanimous consent at 6:13 pm. 4. Reconvene Special City Council Meeting The City Council reconvened the meeting at 6:14 pm. 5. Summary of the Outcome of the Closed Executive Session City Attorney Cisneros provided a summary of the Closed Executive Session relating to the City's negotiations with the Police Sergeants (LELS Local 34) Union. While in closed session, staff answered questions about the negotiations process and strategy and discussed specific contract provisions in the proposed agreement. The Council concluded that they were comfortable proceeding with a vote on the proposed agreement at tonight's regular Council meeting which convenes after the close of this special meeting. 6. Adjournment Motion by Rosenquist, Second by Fonnest to adjourn the meeting at 6:20 pm. Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A) Shepard M. Harris, Mayor ATTEST: Theresa J. Schyma, City Clerk city EXECUTIVE SUMMARY .golden Administrative Services 763-593-8013 / 763-593-3969 (fax) Golden Valley City Council Meeting April 6, 2021 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Financial Or Budget Considerations The check register has a general ledger code as to where the claim is charged. At the end of the register is a total amount paid by fund. Recommended Action Motion to authorize the payment of the bills as submitted. Supporting Documents Document is located on city website at the following location: http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx?id=876916&dbid=0&repo=GoldenValley The check register for approval: • 03-18-21 Check Register 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 16,2021—3:30 pm REGULAR MEETING MINUTES Virtual WebEx Meeting Call to Order The meeting was called to order at 3:31 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: Marc Nevinski* 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 Sue Schwalbe* 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,Oertel Architects 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 Feb 16, 2021—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. - KB Requested a change in the 02/02/21 minutes to reflect Chief Crelly's comment on projected operational costs for the Fire Station to change models; he had noted this would be $300,000 - $400,000. Minutes revised and resubmitted. Discussion: 1. Review of Brookview Financing—Case Study by Sue Virnig, Director of Finance a. (AJ) Is there an upper limit or maximum threshold for spending without impact the City's debt rating? i. (SV)The City's goal is to approximate the current debt to revenue ratio, currently 22%. This could be up to 30% without impacting debt rating, which would need to be reviewed in light of community benefit and value in the proposed investment. b. (KB) What was the original proposed cost of Brookview? i. For responses listed below, values given are those recollected during the meeting by respondents and may not reflect actual project figures. Refer to other City documentation about the project for that information. ii. (GR) It was presented as a range, including a $38m option, which was not feasible because of the city's budget requirements. iii. (SV) The project first looked at building type and program needs; options explored included a $9m renovation, which would not meet the program needs, a $13.5m option, which offered more opportunities, and an eventual $18.5m option which included a children's play area. c. (BSa) The example of Brookview offers a balance of revenue generation (against project cost). This project doesn't include significant revenue generating space: how does that affect how this is funded? i. (SV) General fund tax dollars fund building maintenance; debt is how the City primarily funds projects of this scale d. (GC) What is the City's current debt rating compared to neighbors? i. (SV) AA1, which puts Golden Valley in the top 20 businesses in town. If some of the larger businesses relocated out of the city it would impact the debt rating negatively. Minneapolis, St Louis Park, Plymouth, Edina and Eden Prairie are AAA rated (higher), Crystal and New Hope are lower. City of Golden Valley Facilities Study Task Force Meeting Minutes 3 Feb 16, 2021—3:30 pm 2. Review of Project Priorities a. Revisited project priorities reviewing each Task Force member's list of ranked needs versus wants. Task Force members verbally shared comments, and after the meeting submitted ranked lists for the team to process and collate. i. (AJ) balance investment and debt management/ keep city hall downtown / address space deficiencies Police/Fire/Public Works. Safety and equity are also critical ii. (BSa) balance investment and debt management/ address space deficiencies in PD/FD/PW/ provide services and safety. Everything else is a want. iii. (BSm) address space deficiencies in PD/FD/PW/ ensure facilities are efficient for 2021 and beyond. iv. (CS) balance investment and debt management/ address space deficiencies should both be 'givens.' Needs: keep city hall downtown (for service and as a feature)/equity (in process, space, services, and in all ways). Wants include a welcoming environment, attractive to visitors and residents, and providing community facilities for use and rental (like Brookview). v. (GC) debt management/address space deficiencies. Safety and equity should be 'givens.' Providing a welcoming environment is common sense. Investing in the Police and Fire Department will keep their high ratings. Creating public green space is a nice to have. vi. (KS) Address space deficiencies/ balance investment and debt management/generate revenue/ provide equitable facilities. Everything else is a want. vii. (LSW) Address space deficiencies/ keep City Hall downtown / provide parking and safety/ ensure City Hall is more accessible/ provide as full service a DMV as possible. viii. (MM) debt management/ Fire Department operational transition/free up land for investment and development (which requires relocating public works and public safety) /collocating the library and city hall would be successful for the community. ix. (SBa) make land available for development/ balance investment and debt management/ keep city hall downtown/ address space deficiencies. Wants include full service DMV, especially if it helps bring in more revenue/ equity. b. What is missing from the priority list? i. (BSa) Sustainability as an articulated priority: define goals beyond code. a. (KS) Add information about return on investment for strategies. City of Golden Valley Facilities Study Task Force Meeting Minutes Feb 16, 2021—3:30 pm b. (SB) Standards and certifications are worthwhile; the city can start with a commitment to passive and active strategies. ii. (GR) Maintaining the integrity of city assets (physical buildings and equipment such as vehicles): the City is the guardian of taxpayer money, and using it responsibly is important. iii. (KB) More restaurants downtown would help draw visitors and entice developers, as do a mix of uses. c. Expectations for public space —outdoor and within municipal buildings: i. (KS) Want to entice businesses downtown, more important than outdoor space, especially with Brookview so close. ii. (SBa) Don't want to compete for resources with Brookview or businesses. Utilize land for redevelopment: prioritize food outlets over just business. iii. (GR) Outdoor public space would serve dual purposes: positive environmental impact and provide active green space. iv. (KB) For city hall the focus should be on employee function and city business - a grand entry and social space are not required. Walking paths and places for people to spend time together are needed outdoors. Would help connect between areas of development. v. (GC) Security changes after 9/11 changed expectations of use of public meeting space within public buildings. 3. Review of Space Programming Specifically re: public spaces within municipal facilities a. City Hall — BKV shared example of Inver Grove heights where multiple service counters face a common waiting area, with shared workspace beyond: more efficient for visitors and staff. i. (KS) Does City Hall absolutely require a tear down or could it be renovated? a. (KN): Both scenarios are still in review. The building as-is is not large enough for the 15 year projections, so an addition would be required. ii. (GR) Council operates off-hours: their space could be used by others, if it was designed for flexible use. a. (KN) This is a possibility: it would be important to review options and define expectations b. Police Department— Reviewed space program including requirements for training, vehicle storage, and efficient workflows. i. (AJ) Are police departments ever co-located within housing developments? How does this impact safety?This could demonstrate the City's commitment to policing, embedding them to be more accessible and visible. City of Golden Valley Facilities Study Task Force Meeting Minutes Feb 16, 2021—3:30 pm a. (BSw) This exists in various areas: the police presence can contribute to perceptions of safety. It also facilitates community policing. c. Public Works— Review of required program spaces. Example provided of Ramsey Public Works, where there are public spaces beyond a secured zone: multipurpose training room and restrooms that can be used by the community after hours. d. Fire Department—The training spaces for fire department include the training room, which at headquarters (Station #1) will also serve as the Emergency Operations Center (EOC) and at Station #2 as space available for elections. 4. Plans for Community Engagement Phase 1.5 a. Review of proposed Engagement 1.5 session: the goal is for residents to learn more about the needs, to ask questions, and to feel more informed about the purpose behind the project. b. Marketed through postcard mailings to all residents, through social media, news feeds, news releases, and community television. c. City's communication team will release a communication toolkit to Task Force members to help them connect to their networks to raise interest and awareness in the outreach. 5. Next Steps a. Refine Conceptual Plans b. Plan and Market Community Engagement Phase 2 Next Meeting: 1. Task Force: Tuesday, March 161" 3:30—5:30pm. ATTEST: ,� Z Marc Nevinski, Staff Liasion Respectfully submitted, Marc Nevinski, Physical Development Director f WAr 7800 Golden Valley Road I Golden Valley,MN 55427 City 0 763-593-8027 I TTY 763-593-3968'763-593-8198(fax)I www.goldenvalleymn.gov go 1 d e ni valle Environmental Commission February 22, 2021—6:30 pm REGULAR MEETING MINUTES This meeting will be held via Cisco Webex in accordance with the local emergency declaration made by the City under Minn. Stat. § 12.37. The public may monitor this meeting by calling 1-415-655- 0001 and entering the meeting code 177 393 4642. For technical assistance, please contact support staff 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. Additional information about for monitoring electronic meetings is available on the City website. 1. Call to Order The meeting was called to order by Chair Seys at 6:30. 2. Roll Call Commissioners present: Scott Seys, Tonia Galonska,Jim Stremel, Dawn Hill, Shannon Hansen, Wendy Weirich, Felix Fettig Commissioners absent: Debra Yahle Council Members present: Larry Fonnest Staff present: Eric Eckman, Environmental Resources Supervisor; Drew Chirpich, Environmental Specialist; Story Schwantes, Green Corp Member; Carrie Nelson, Administrative Assistant. 3. Approval of Agenda MOTION by Commissioner Hill, seconded by Commissioner Galonska to approve the agenda for February 22, 2021 and the motion carried. 4. Approval of January 25, 2021 Regular Meeting Minutes MOTION by Commissioner Stremel, seconded by Commissioner Hansen to approve the minutes of January 25, 2021 as submitted and the motion carried. 5. Old Business A. Recycling and Organics i. The RFP was issued Feb 1 to all haulers in the Metro Area who are licensed with the state. ii. Bids were accepted until Feb 26. iii. The top 2-3 will be brought to the commission in March. iv. The City prefers to award both the Recycling and Organics to one hauler but will consider going with two different haulers if it's in the best interest of the City. B. Partners in Energy Update i. All workshops are complete. ii. Next steps: 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 Environmental Commission Regular Meeting 2 November 23, 2020—6:30 pm 1. Draft, review, edit, and revise the plan in Feb-March 2021. 2. Share plan with EC in March 2021. 3. Present plan to the City Council in April 2021. 4. Begin the 18-month implementation after the Council meeting. C. EC/HRC Environmental Justice Collaboration i. Dr. Mark Seeley spoke on Jan 28 ii. Next, the sub-group will take a look at the maps to find areas to improve tree equity. D. 2021 Work Plan Ideas i. Go with the Work Plan in the Agenda with these Focus Areas: 1. Pollinators— Develop more plots and habitats at underutilized properties in the community. Add in more education. 2. Promote & develop clean, renewable energy. 3. Support habitat restoration in the Briarwood Nature Area. 4. Additional involvement in the downtown redevelopment. 5. Expanding transportation options in GV 6. Collaboration and Community Outreach. 7. Encourage student involvement through a possible competition with a specific challenge. Possibly work with the school to implement a project or service in the City. 6. New Business A. Metro Blooms Workshops and Programs i. MOTION by Commissioner Hill, seconded by Commissioner Stremel to hold a L2L Pollinator Gardens Metro Blooms workshop in late April/Early May and the motion carried. B. Green Step Cities—Step 5 Action Metric 6.2 i. MOTION by Commissioner Hill, seconded by Commissioner Weirich to confirm 32.2 miles driven by City employees daily during COVID and the motion carried. C. Program/Project Updates D. Council Updates i. None E. Other Business i. None 7. Adjournment MOTION by Commissioner Galonska, seconded by Commissioner Hansen to adjourn the meeting at 8:52 pm and the motion carried. ATTEST: Carrie Nelson, Administrative Assistant Scott Seys, Chair EXECUTIVE SUMMARY Public Works 763-593-8030 / 763-593-3988 (fax) Golden Valley City Council Meeting April 6, 2021 Agenda Item 3. D. 1.Authorize Contract for Brush Pick-Up with Heartwood Tree Surgeons Prepared By Tim Kieffer, Public Works Director Al Lundstrom, Park Maintenance Superintendent Tim Teynor, Assistant City Forester Summary Each spring, the City contracts the collection and disposal of residents' small brush, piled along the roadways, as part of the Brush Pick-Up Program. The Brush Pick-Up Program is a three-week program scheduled to begin on April 26, 2021. The City is divided into three sections with each region allocated one week for collection. Staff solicited quotes from multiple companies using the Minnesota Unified Certification Program database and previous contractors. The results are as follows: Davey Tree Expert Company $127,600 Heartwood Tree Surgeons $66,410 Tony's Outdoor Services $142,680 Staff provides information to residents about the Brush Pick-Up Program through the CityNews, postcards mailed to their homes, and the City's website. Financial Or Budget Considerations The 2021 Recycling budget (7001.6340) includes $71,400 for brush pick-up. The total estimated cost is $66,410. Recommended Action Motion to authorize the Mayor and City Manager to execute the contract for Brush Pick-Up with Heartwood Tree Surgeons in the form approved by the City Attorney to provide brush pick-up and disposal services. Supporting Documents • Contract for Brush Pick-Up with Heartwood Tree Surgeons (12 pages) CONTRACT FOR BRUSH PICK-UP WITH HEARTWOOD TREE SURGEONS THIS AGREEMENT is made this 6th day of April, 2021 (the "Effective Date") by and between Heartwood Tree Surgeons, a tree care company with its principal place of business at 5612 Corvallis Avenue North, Crystal, MN 55429 ("Contractor"), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the "City'): RECITALS A. Contractor is engaged in the business of collecting, removing, and disposing of tree debris. B. The City desires to hire Contractor to collect, remove, and dispose of tree debris. 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. Contractor shall at all times keep the premises free from accumulation of waste materials and debris caused by Contractor's operations. 2. Time for Completion. Contractor shall commence the Work not later than April 26, 2021. Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the City's authorized agent according to the deadlines set forth in Exhibit A(the"Contract Time"). Contractor shall notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time,the City may immediately, or at any time thereafter, proceed to complete the Work at Contractor's expense. If Contractor gives written notice of a delay over which Contractor has no control,the City may, at its discretion, extend the Contract Time. 3. Consideration. In consideration of the performance of the Work,the City shall pay to Contractor the amount set forth in the attached Exhibit C (the "Contract Price"). The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of 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. Extra Work. Unless approved by the City in writing,Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor's own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the Contract Price for the Work. 5. Contract Documents.The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary specifications All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 6. Expense Reimbursement. Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into the Contract Price, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 7. Approvals. Contractor shall secure the City's written approval before making any expenditures, purchases, or commitments on the City's behalf beyond those listed in the Work. The City's approval may be provided via electronic mail. 8. Protection of Persons and Property. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 9. Acceptance of the Work. All of Contractor's work and labor shall be subject to the inspection and approval of the City.The City's authorized agent shall be the sole and final judge of the fitness of the Work and its acceptability. Any payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility for the construction and delivery of the Work. No payment shall be made to Contractor until the Work has been accepted. 2 10. Termination. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties' obligations hereunder, unless terminated by the City or amended pursuant to this Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty(30) days' written notice to the City; c. The City may terminate this Agreement at any time at its option,for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor'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. Before it may perform any Work under this Agreement, Contractor shall procure and maintain at a minimum: 3 a. Worker's Compensation Insurance as required by Minnesota Statutes, section 176.181; b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard, providing coverage for claims including: i. Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii. Personal and advertising injury; iii. Damages because of physical damage to or destruction of property, including loss of use of such property; iv. Bodily injury or property damage arising out of completed operations; and V. Contractor's indemnity obligations under this Agreement. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: "The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages." Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days' written notice is provided to the City, or 10 days' written notice in the case of non-payment. 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 assist it in the performance of the Work required by this Agreement. Any instrument in violation of this provision is null and void. 4 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. 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 5 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 Jason Schlauch, 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 Heartwood Tree Surgeons City of Golden Valley 5612 Corvallis Avenue North 7800 Golden Valley Road Crystal, MN 55429 Golden Valley, MN 55427 jason@saveyourshade.com tkieffer@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 6 32. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 33. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 34. Payment of Subcontractors. Contractor agrees to pay all laborers employed and all subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to pay any claims and demands for labor and materials, the City may apply the monies due to Contractor toward paying and satisfying such claims and demands. The City has the right to apply monies due to Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against Contractor. The amount of such payments shall be deducted from the balance due to the Contractor. Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor within ten (10) days of Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of one and one-half percent(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. 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. 7 HEARTWOOD TREE SURGEONS: CITY OF GOLDEN VALLEY: By: By: Jason Schlauch, Senior Project Manager Shepard M. Harris, Mayor By: Timothy J. Cruikshank, City Manager 8 EXHIBIT A SCOPE OF WORK 1. Work.The Work shall include all labor and equipment necessary to remove all brush and branches four inches (4") in diameter or smaller (the "Materials") from the boulevards in each section. The work shall include the following: a. Remove the Materials from the boulevard with clam trucks and operators. b. Clean the pickup area and repair any areas damaged by equipment. c. Provide return service to properties not covered during initial cleanup. d. Videotape piles not complying with City requirements including shot of address on house for reference. Video should clearly show non-compliance and date. 2. Location. Contractor shall remove the Materials from street boulevards within the City. The City staff has divided the City into the following three sections for the removal operation: Section 1 is the area north of TH 55 and west of Douglas Drive. Section 2 is the area north of TH 55 and east of Douglas Drive. Section 3 is the area south of TH 55. 3. Schedule. Contractor shall complete the Work in each section according to the following schedule: Section Start Date Completion Date Section 1 April 26, 2021 May 1, 2021 Section 2 May 3, 2021 May 8, 2021 Section 3 May 10, 2021 May 15, 2021 Contractor shall complete each section of Work by the Completion Date stated in the table above. If the City receives requests for additional pick-ups from residents by May 15, 2020, the City's representative may develop a list of additional work to be performed by the Contractor (the "Additional Pick-Ups"). Contractor shall perform all Additional Pick-Ups at the unit price for equipment and labor in Exhibit C. Contractor shall not be entitled to increased prices to perform the Additional Pick-Ups. All Work under this contract including, but not limited to the Additional Pick-Ups shall be completed by May 29, 2021(the "Final Completion Date"). If Contractor fails to complete the Work within each section by the Final Completion Date, the City may charge Contractor, and withhold from any monies due to Contractor, liquidated damages in the amount of$500 per calendar day until all of the Work is completed. 4. Disposal. Contractor shall collect, transport, and deposit all collected Materials at the City Designated Collection Facility located at 9305 101" Avenue North, Golden Valley, MN 55427. Contractor shall make reasonable efforts to keep the areas outside of the designated storage site at the City Designated Collection Facility free of debris. Contractor shall stack the Materials each day in an organized manner such that the debris is oriented in a uniform direction for efficient transfer. 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. Safety Precautions and Accident Prevention. Contractor shall observe and comply with all requirements to the safety of the workforce to be employed on the project. Contractor shall comply with all safety measures recommended and required by any governmental agency, including the Department of Labor and Industry, Division of Accident Prevention of the Industrial Commission of Minnesota, and with the requirements of the Workmen's Compensation Act and any amendments thereto.Attention is called to the other paragraphs of these Special Conditions covering safety precautions and accident prevention. Contractor shall be responsible for all safety issues on this project. Contractor shall comply with instructions from the City for implementing any additional safety-related requirements. 3. Temporary Traffic Control Devices. Contractor, at its own expense, shall furnish and deploy temporary traffic control signs and devices in accordance with the provisions of the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) when the Work occurs on or adjacent to any street, alley or public place. Contractor shall, at Contractor's own cost and expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons and property and of the work as is necessary. A sufficient number of devices shall be erected to keep vehicles from driving into the work zone and to warn pedestrians and children of the existence of the Work. Contractor shall be responsible for all damages, costs to repair, fees or other losses due to failure of barricades, signs, or lights. Contractor shall be solely responsible for the maintenance of barricades, signs and devices. 4. DOT Compliance.All of Contractor's drivers performing work for the City must be in compliance with the Minnesota Department of Transportation ("DOT") requirements related to holding a Commercial Driver's License (CDL). Contractor shall be responsible for ensuring its own compliance with all applicable DOT regulations and requirements, including but not limited to DOT regulations related to drug testing and the maintenance of drug testing records.Contractor shall indemnify and hold harmless the City for any fines or penalties 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. 5. Hours of Operation. Contractor shall perform the Work Monday through Saturday from 7:00 a.m. to 7:00 p.m., excluding holidays. 6. Noise Elimination. Contractor shall eliminate noise to the greatest extent possible at all times. Air compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the manufacturer. 7. 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. 8. Payment. Payment for this project will be on an hourly basis as stated in Exhibit C and shall be based on the number of hours worked and the type of equipment used. The Contractor shall submit to the City's representative a time sheet for each day's activities. The estimated quantities on the Proposal form are for determination of the lowest proposal for the Work.Actual quantities may be adjusted so long as the total Contract Price does not exceed the amounted budgeted by the City. Contractor shall use as many pieces of equipment and provide the necessary labor force to ensure all of the Work is completed within the Contract Time. 9. Contract Time Extension. Contractor shall perform fully, entirely, and in an acceptable manner,the Work within the Contract Time stated in this Agreement. If Contractor determines it is impossible to complete the Work within the Contract Time, Contractor shall request an extension from the City, in writing, not less than ten days prior to end of the Contract Time. Contractor's extension request shall detail fully in the reasons for the requested extension. The City, in its sole discretion, may grant or deny Contractor's extension request. The City will only grant extension requests if the Work has been delayed by circumstances beyond Contractor's control, or if the Material quantities substantially exceed the estimated quantities. 10. Risk of Loss. Contractor acknowledges that it will bear all risk of loss with regard to its performance under this Agreement, including without limitation, the cost of losses caused by delays attributable to Contractor, breakdowns of trucks, equipment and the acts or omissions of Contractor's employees. EXHIBIT C PROPOSAL Contractor certifies that an examination has been made of the scope and location of work and proposes to furnish all necessary machinery, equipment, tools, labor and other means for the Work and to furnish all materials specified in the manner and at the time prescribed in the Contract Documents. Contractor understands that the quantities shown herein are approximate only and are subject to increase or decrease. Contractor further understands all quantities,whether increased or decreased, shall be performed at the unit prices below.The cost of hauling to the dumpsite and the cost of dumping material at the site shall be included in the prices bid for the equipment. Clam Truck with Operator $ 80.00 /hr. X 290 hours = $ 23,200.00 Haul Truck with Operator $ 95.00 /hr. X 290 hours = $ 27,550.00 2 Person Clean-Up Crew $ 54.00 /hr. X 290 hours = $ 15,660.00 TOTAL: GRAND TOTAL COST TO PROVIDE SERVICES FOR 2021 SPRING BRUSH PICK-UP $66,410.00 EXECUTIVE SUMMARY Public Works 763-593-8030 / 763-593-3988 (fax) Golden Valley City Council Meeting April 6, 2021 Agenda Item 3. D. 2. Approve Purchase of Two Unmarked Police Vehicles Prepared By Jason Sturgis, Police Chief Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Superintendent Summary Units 804 and 821, a 2008 Dodge Caravan and 2012 Ford Taurus respectfully, have reached their useful life cycle and are scheduled to be replaced. Staff evaluate vehicles and equipment on an annual basis to determine replacement programing. The current vehicles meet replacement criteria set forth in the City's Vehicle Replacement Policy and Vehicle Condition Index (VCI). The VCI is a tool utilized to assess all vehicles and equipment scheduled for replacement and any vehicle/equipment scoring 28 points or higher meets the category of"needs immediate consideration". Unit 804 scored 30 points and Unit 821 scored 28 points. Staff propose purchasing a hybrid vehicle to reduce fuel consumption and carbon emissions. The new Police vehicles will be used for detective and administrative activities. Financial Or Budget Considerations The 2021 Vehicle and Equipment Capital Improvement Program (CIP) includes $30,000 for the purchase of a Crime Prevention Vehicle (V&E-034) and $50,000 for a Commander Vehicle (V&E-147). Staff recommend 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 158505 2021 Ford Police Utility Hybrid Tenvoorde Ford, Inc. $37,571.24 169035 2021 Ford Expedition Ford of Hibbing $40,999.70 Total Remittance to Vendors $78,570.94 City Council Regular Meeting Executive Summary 2 City of Golden Valley April 6, 2021 Recommended Action Motion to approve purchase of a 2021 Ford Police Utility Hybrid from Tenvoorde Ford, Inc. in the amount of$37,571.24. Motion to approve purchase of a 2021 Ford Expedition from Ford of Hibbing in the amount of $40,999.70. Supporting Documents • Tenvoorde Ford, Inc. Quote (1 page) • Ford of Hibbing Quote (2 pages) TENVOORDE FORD, INC Invoice No. 10084 P O BOX 1045 ST CLOUD, MN 56302 INVOICE Customer Misc Name GOLDEN VALLEY Date 3/23/2021 Address 7800 GOLDEN VALLEY RD Order No. 158505 City GOLDEN VALLEY State MN ZIP 55427 Rep Phone 763-593-8085 FOB Qty Description Unit Price TOTAL 1 2021 Police Utility Hybrid $34,544.24 $ 34,544.24 M7 Carbonized Gray with Cloth Front and Rear Seats F6 1 65U Interior Upgrade Package $ 367.00 $ 367.00 1 66A Front Headlamp Lighting Solutions $ 841.00 $ 841.00 1 66C Rear Lighting Solutions $ 428.00 $ 428.00 1 65L 18"Wheel Covors $ 56.00 $ 56.00 1 60R Noise Suppression Bonds $ 94.00 $ 94.00 1 87R Rear View Camera Display in Rear View Mirror 1 18D Global Lock/Unlock 1 55F Remote Key Fobs $ 320.00 $ 320.00 1 59E Keyed Alike 1435X $ 47.00 $ 47.00 1 55B BLISS $ 512.00 $ 512.00 1 76R Reverse Sensing System $ 259.00 $ 259.00 1 16D Badge Delete 1 52T Tow Package Wiring 1 19K H8 AGM Battery $ 103.00 $ 103.00 SubTotal $ 37,571.24 Shipping h Pa ment Select One... Tax Rate(s) .00% $ - Comments TOTAL $ 37,571.24 Name CC#_ _ Office Use Only Expires _ TENVOORDE FORD, INC, PO BOX 1045, ST CLOUD, MN 56302 _ .tea QUOTATION FORD of HIBBING CONTACT 2627 13th AVE TIM CARRUTH CONTRACT# 169035 HIBBING,MN 55746 timcarr33@yahoo.com 218-262-3881 BOB O'HARA EST DELIVERY TIME 800-894-7579 218-349-8955 90-120 ARO rwoharaOlPaol.com FHS U-18 BASE MODEL 2021 FORD EXPEDITION 4X4 U1G $ 39,254.70 Equipment Group 102A SSV Package inc:USB Port Delete,Deletes second row smart charging USB port-one(1)A and one(1)C in the back side of the center floor console,ControlTrac w/3.73 Axle Ratio,eLSD(Electronic Limited-Slip $ (1,956.00)Differential),2-Speed Automatic 4WD,neutral towing capability,Skid Plates,fuel 102A - tank underbody protection,Center Console Delete,Deletes armrest and covered media bin,Vinyl 2nd Row Seating,Push Button Keyless Start Delete,Wheels:17" Steel,Vinyl Floor Covering,Column Shifter,Running Board Delete,Tires: P265/70R17 AT OWL,Manual Telescoping Steering Wheel Delete*CREDIT Equipment Group 101A-inc:3rd Row 60/40 PowerFold Seat,8-passenger seating, cloth material and power recline,SiriusXM Satellite Radio SiriusXM audio and data services each require a subscription sold separately,or as a package,by Sirius XM $ 781.00 Radio Inc,If you decide to continue service after your trial,the subscription plan 101A x $781.00 you choose will automatically renew thereafter and you will be charged according t your chosen payment method at then-current rates,Fees and taxes apply,To cance you must call SiriusXM at 1-866-635-2349,See SiriusXM customer agreement for complete terms at www.siriusxm.com, STD 3.5L ECO BOOST V6 99T X STD STD 10SPEED AUTO 44U X STD STD CRUISE CONTROL x STD STD AIR CONDITIONING FRT&RR x STD incl w/102A ELECTRONIC LIMITED SLIP X3L - incl w/102A 3.31 AXLE RATIO X15 - $ 94.00 SKID PLATES 41K x $94.00 $ 94.00 BLOCK HEATER 41H - $ 381.00 BLACK RUNNING BOARDS w/SSV 18B - N/C DAYTIME RUNNING LIGHTS 942 x N/C $ 747.00 HD TRAILERING PKG(incl brake controller,hd radiator,2 speed transfer case,3.73 536 x $747.00 locking axle $ 103.00 SECOND Row CLOTH SEAT(vinyl std) 21B - $ 766.00 3rd Row 60/40 PowerFold Seat-inc:8-passenger seating and power recline,Deletes 87P standard 3rd row storage bins 103.00 REVERSE SENSING 66R x $ 103.00 QTY 212.00 ADDIDTIONAL KEY/FOB COMB DLR 0 - EXT COLOR STD PAINT UM x STD INT TRIM COLOR EBONY CLOTH LH x STD TOTAL $ 40,979.70 2,663.68 6.5%SALES TAX - 165.25 LICENCE TITLE® - 20.00 TRANSITTAX X $20.00 TOTALper UNIT i i$ 40,999.70 CITY 1 $ 40,999.70 purchase order number contact MARSHALL BUEGEN customer CITY OF GOLDEN VALLEY phone (763)593-8085 email billing address 7800 GOLDEN VALLEY RD GOLDEN VALLEY,MN delivery address date ordered order# EXECUTIVE SUMMARY Public Works 763-593-8030 / 763-593-3988 (fax) Golden Valley City Council Meeting April 6, 2021 Agenda Item 3. D. 3. Approve Purchase of a Floor Scrubber/Sweeper Prepared By Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Superintendent Summary A new floor scrubber/sweeper is scheduled to be purchased in 2021. The sweeper/scrubber will be used to sweep, clean, and degrease garage floors more efficiently, effectively, and sustainably in the Police, Fire, and Public Works buildings eliminating dirty and hazardous conditions. Staff originally planned to purchase the equipment using the State of Minnesota cooperative purchasing venture. However, staff learned about certified pre-owned units for sale while testing different makes and models. Therefore, staff propose purchasing a certified pre-owned unit to save the City approximately$9,500. The proposed used unit has 3.8 hours of runtime, comes with a nine- month warranty, and a new set of replacement brushes worth $1,000. Financial Or Budget Considerations The following table shows the funding sources for the purchase of the new sweeper/scrubber. Funding Source Project Number Amount 2021 Vehicle and Equipment Capital Improvement Program V&E-161 $25,000 2021 Water and Sewer Capital Improvement Program W&SS-096 $15,000 2021 Storm Sewer Capital Improvement Program SS-061 $15,000 Total $55,000 The total cost to purchase the scrubber/sweeper is $56,000. The additional $1,000 over budget will come from previous purchases in the Vehicle and Equipment Capital Improvement Program being below budget. City Council Regular Meeting Executive Summary 2 City of Golden Valley April 6, 2021 Recommended Action Motion to approve purchase of a Tennant M20 EC-H2O Scrubber/Sweeper from Tennant Company in the amount of$56,000. Supporting Documents • Tennant Company Quote for a New Unit Using State Contract Pricing (2 pages) • Tennant Company Quote for a Used Unit (1 page) E N N A N Tennant Sales and Service Company 10400 Clean Street Eden Prairie, MN 55344-2650 USA Quotation COMPANY Tel: 1-800-553-8033 Fax: 1-763-513-2142 Ship-To Quotation Number 24817371 CITY OF GOLDEN VALLEY Quotation Date 03/24/2021 STREETS SUPERVISOR/RECYCLING COORD Valid Until 05/24/2021 7800 GOLDEN VALLEY RD PO Number M20 LP QUOTE GOLDEN VALLEY MN 55427-4508 Buyer MARSHALL BEUGEN Tel 763-593-8030 Delivery Terms Customer Number 4781918 FOB SHIPPING PT FRT PPD&ADD CITY OF GOLDEN VALLEY Payment Terms STREETS SUPERVISOR/RECYCLING COORD Net Days 7800 GOLDEN VALLEY RD Currency US Dollars GOLDEN VALLEY MN 55427-4508 Bill-To CITY OF GOLDEN VALLEY STREETS SUPERVISOR/RECYCLING COORD 7800 GOLDEN VALLEY RD GOLDEN VALLEY MN 55427-4508 Unit Extended Qty Unit Material Description Price Value Notes MINNESOTA STATE CONTRACT NUMBER 186080 1 PC M-M20 M20 SCRUBBER/SWEEPER Reference Number: M20-LP Machine as equipped Source Plant 3200 Plant Trim Level ProPanel w/WOC Cleaning Technology ec-H20 Squeegee Material Linatex Power Source LPG LPG Tank Full UL/ETL Rating UL Type LP Side Brush Type Scrubbing Dust Control System Wet Heavy Duty Squeegee Yes Protection Front Tire(s) High Traction Rear Tire(s) Solid Rubber Trailer Transport Kit Yes Cleaning Tool Polypropylene Brush Side Cleaning Tool Polypropylene Brush Warranty Standard Warranty Prepared By: Matthew Leneau, Customer Service Representative Page 1 of 2 E N N A N Tennant Sales and Service Company 10400 Clean Street Eden Prairie, MN 55344-2650 USA Quotation COMPANY Tel: 1-800-553-8033 Fax: 1-763-513-2142 Ship-To Quotation Number 24817371 CITY OF GOLDEN VALLEY Quotation Date 03/24/2021 STREETS SUPERVISOR/RECYCLING COORD Valid Until 05/24/2021 7800 GOLDEN VALLEY RD PO Number M20 LP QUOTE GOLDEN VALLEY MN 55427-4508 Buyer MARSHALL BEUGEN Tel 763-593-8030 Delivery Terms Customer Number 4781918 FOB SHIPPING PT FRT PPD&ADD CITY OF GOLDEN VALLEY Payment Terms STREETS SUPERVISOR/RECYCLING COORD Net Days 7800 GOLDEN VALLEY RD Currency US Dollars GOLDEN VALLEY MN 55427-4508 Bill-To CITY OF GOLDEN VALLEY STREETS SUPERVISOR/RECYCLING COORD 7800 GOLDEN VALLEY RD GOLDEN VALLEY MN 55427-4508 Unit Extended Qty Unit Material Description Price Value Ultimate Performance Yes Guarantee Operator Manual English Parts Manual Yes Packaging Pad Wrap Gov Price Adjustment -6.00 % -4,183.80 Price 65,546.20 65,546.20 Net Value 65,546.20 65,546.20 Subtotal 65,546.20 Total 65,546.20 Page 2 of 2 E N N A N Tennant Sales and Service Company 10400 Clean Street Eden Prairie, MN 55344-2650 USA Quotation COMPANY Tel: 1-800-553-8033 Fax: 1-763-513-2142 Ship-To Quotation Number 24815261 CITY OF GOLDEN VALLEY Quotation Date 02/18/2021 STREETS SUPERVISOR/RECYCLING COORD Valid Until 04/09/2021 7800 GOLDEN VALLEY RD PO Number OT M20-11872 GOLDEN VALLEY MN 55427-4508 Buyer MARSHALL BEUGEN Tel 763-593-8030 Delivery Terms Customer Number 4781918 FOB DESTINATION FRT PPD CITY OF GOLDEN VALLEY Payment Terms STREETS SUPERVISOR/RECYCLING COORD Net Days 7800 GOLDEN VALLEY RD Currency US Dollars GOLDEN VALLEY MN 55427-4508 Bill-To CITY OF GOLDEN VALLEY STREETS SUPERVISOR/RECYCLING COORD 7800 GOLDEN VALLEY RD GOLDEN VALLEY MN 55427-4508 Unit Extended Qty Unit Material Description Price Value Notes Trim Level Pro Panel Cleaning Technology ec-H20 Squeegee Material Linatex Power Source LPG LPG Tank Full UL/ETL Rating UL Type LP Side Brush Type Scrubbing Dust Control System Dry Front Tire(s) High Traction Rear Tire(s) Solid Rubber Warning Lights and Alarms AV BU Alarm-Flash on Tank Trailer Transport Kit Yes Cleaning Tool Polypropylene Brush Side Cleaning Tool Polypropylene Brush Carrier SALES REP REQUESTED PICKUP 1 PC MM20-11872 MODEL M20 SCRUBBER/SWEEPER Price 56,000.00 56,000.00 Net Value 56,000.00 56,000.00 Subtotal 56,000.00 Total 56,000.00 Sales Rep: WILEY, TIM Tel: 612-695-5020 Prepared By: Lorrie Burdeski, Customer Service Representative Page 1 of 1 SUMMARY Parks and Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 6, 2021 Agenda Item 3. D. 4. Twin City Tennis Camps Independent Contractor & Court Rental Agreement Prepared By Greg Simmons, Recreation & Facilities Supervisor Rick Birno, Parks & Recreation Director Summary Parks & Recreation staff is recommending an Independent Contractor & Court Rental Agreement with Twin City Tennis Camps (TCTC) to provide tennis instruction and programs for youth and adults at tennis courts throughout Golden Valley. TCTC will be offering services on Golden Valley tennis court facilities as an independent contractor. The agreement has been reviewed by the City Attorney. Financial Or Budget Considerations The independent contractor will pay rental fees for all use of the tennis facilities. Recommended Action Motion to authorize City Manager to sign Independent Contractor & Court Rental Agreement with Twin City Tennis Camps. Supporting Documents • 2021 Twin City Tennis Camps Independent Contractor & Court Rental Agreement and Addendum • 2021 Preliminary Court Use Schedule INDEPENDENT CONTRACTOR&COURT RENTAL AGREEMENT THIS AGREEMENT is made this March 16, 2021 ("Effective Date") by and between Twin City Tennis Camps (Inc.) a Minnesota corporation with its principal office located at 8014 Olson Memorial Highway, Ste. 101, Golden Valley, Minnesota ("Contractor"), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the "City"): RECITALS A. Contractor is engaged in the business of providing tennis instruction. B. The City is the owner of tennis courts located at the Golden Valley Parks named in the attached Exhibit A in Golden Valley, Minnesota (the "Facilities"). C. Contractor desires to rent from the City and the City desires to rent Contractor tennis court time at the Facilities. NOW,THEREFORE, in consideration of the terms and conditions expressed in this Agreement,the City and Contractor agree as follows: AGREEMENT 1. Facility Use. The City agrees to rent court time to Contractor for the times and dates shown on the attached Exhibit A and in accordance with the terms of this Agreement. Such schedules 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 & Recreation Director. Contractor may request additional court time, which the City may grant or deny in its own discretion. Any additional court time shall be subject to additional fees. Contractor shall use and occupy the Facilities solely for the purpose of providing the services described herein and in accordance with the terms of this Agreement. 2. Other City Services. In addition to the Facility use described in paragraph one above, the City shall be responsible for the following services: a. Promotion:The City shall promote Contractor's programs in one to two full pages of advertising in its Spring/Summer catalog and one-half to one page in its Fall catalog. Contractor will work with Golden Valley Park and Recreation staff for layout and catalog deadlines. b. Bathrooms:The City shall clean the permanent bathrooms located at the Brookview Park tennis building and all portable bathrooms on City property pursuant to the City's CORR Plan, which shall be provided to Contractor for review prior to the beginning of the 2021 season. Contractor's staff shall support the daily disinfecting schedule on the weekends using an approved disinfectant product provided by the city. c. Trash and Recycling:The City shall provide trash and recycling containers onsite as needed. The City shall remove all trash and recycling on a regular weekly schedule. 3. Term. This agreement will commence on April 1 and will continue until October 31, 2021. 4. Services. With respect to its programming, Contractor agrees to provide the services as described in the attached Exhibit B (the "Services"). All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. 5. Time for Completion. The Services shall be completed on the dates specified in the attached Exhibit A, provided that the parties may extend the stated deadlines upon mutual written agreement. Notwithstanding paragraph 3 above and except as otherwise provided herein, this Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of Contractors programs, unless terminated by the City or amended pursuant to the Agreement. 6. Consideration. Contractor shall pay the City: a. $6.00 per hour of court usage. b. 100%of the cost of renting and cleaning the rented portable toilets at the Facilities. c. $300 per month of use for the Brookview Tennis Building. d. $200 per month for support fees including additional bathroom cleanings, utilities, and increased trash and recycling removal. e. $250 per page of promotion in Park and Recreation Catalog The City shall invoice Contractor on a monthly basis and Contractor shall make all payments by check payable to the City of Golden Valley within 30 days. Invoices may be paid electronically with an additional 3% added to the invoice amount. All fees shall be considered fully earned by the City upon receipt by the City. Any expenses incurred by the Contractor pursuant to providing the Services, including but not limited to travel and phone expenses, are the sole responsibility of the Contractor. 7. Termination. Notwithstanding any other provision herein to the contrary,this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty(30) days' written notice to the City; c. The City may terminate this Agreement at any time at its option,for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor's failure to have in force any insurance required by this Agreement. Notwithstanding anything to the contrary herein, if at any time the actions of the Contractor and/or their staff compromise the physical, mental or emotional safety of a participant (as determined by the City),the City shall have the right to immediately suspend Services until the issue has been resolved or the contract terminated. In the event of a termination, Contractor shall pay the City for court time used to the date of termination. 8. Miscellaneous. a. Contractor shall make financial aid available for residents of Golden Valley following the guidelines of the Park and Recreation Department Financial Aid. 7. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 8. 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. 9. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor's successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; or costs, disbursements, and expenses of defending the same, including but not limited to attorneys' fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor's (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor's failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 10. Waiver. Contractor waives all its rights against the City for damages covered by property insurance. Contractor shall require a similar waiver from all its consultants and subcontractors, if any. Contractor waives all of its rights of recovery against the City because of deductible clauses in, or inadequacy of limits in, any policies of insurance that are in any way related to the work and that are secured and maintained by Contractor. Contractor waives any of its rights of recovery against the City because of a lack of insurance coverage. Contractor shall require similar waivers from all of its consultants. Contractor shall waive all of its rights of recovery against the City for loss or damage to any of its equipment, machinery, tools or property that is used in connection with this Agreement. Contractor shall require a similar waiver from all its consultants and subcontractors. 11. Insurance. Contractor, at its expense, shall procure and maintain in force for the duration of this Agreement, the following minimum insurance coverages: a. Comprehensive General Liability. Contractor shall maintain commercial general liability insurance in a minimum amount of $2,000,000 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. b. Automobile Liability. If Contractor transports any program participants in its vehicles,the Contractor shall maintain commercial automobile liability insurance, including owned, hired, and non-owned automobiles,with a minimum combined single limit of$2,000,000 per occurrence. c. Workers' Compensation and Employer's Liability. Contractor agrees to provide workers' compensation insurance for all of its employees in accordance with the statutory requirements of the State of Minnesota. Within ten days of the effective date of this Agreement and thereafter upon the City's request, Contractor 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. Contractor'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 Contractor's performance under this Agreement. Contractor'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 Contractor fails to obtain the required insurance, the City may elect to obtain equivalent insurance to protect Owner's interests at Contractor's expense and the consideration shall be adjusted accordingly. 13. COVID-19. In accordance with all applicable City, state, and federal laws, ordinances, rules and regulations related to the ongoing COVID-19 pandemic, Contractor agrees to the following: a. Contractor shall be solely responsible for all safety precautions at the Facilities during the time it is conducting its activities. b. Contractor shall submit (a)a copy of its COVID-19 preparedness plan to the City for review; and (b) a certification that Contractor has adopted a COVID-19 preparedness plan that meets the requirements of the United States government and the State of Minnesota. (Exhibit C) c. Contractor 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. The City reserves the right to immediately terminate this Agreement without notice if Contractor does not abide by the requirements of this Paragraph 13. 14. Assignment and Subcontracting. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent 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. 15. Independent Contractor. Contractor is an independent contractor. Contractor's duties shall be performed with the understanding that Contractor has special expertise as to the services which Contractor is to perform and is customarily engaged in the independent performance of the same or similar services for others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the services are performed; however, the nature of the Services and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All services provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 16. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Contractor agrees to provide the Services. Contractor's guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City's policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City's Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 17. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall constitute the entire agreement between the City and Contractor, and supersedes any other written or oral agreements between the City and Contractor. This Agreement may only be modified in a writing signed by the City and Contractor. If there is any conflict between the terms of this Agreement and the referenced or attached items, the terms of this Agreement shall prevail. 18. Third Party Rights.The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 19. 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. 20. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Services. 21. 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. 22. 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. 23. No Discrimination. Contractor agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with the Americans with Disabilities Act as amended ("ADA"), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys' fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Services under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 24. Authorized Agents. The City's authorized agent for purposes of administration of this contract is Rick Birno, the Parks and Recreation Director of the City, or designee. Contractor's authorized agent for purposes of administration of this contract is Daniel Nabedrick, or designee who shall perform or supervise the performance of all Services. 25. Notices. Any notices permitted or required by this Agreement shall be deemed given when mailed, personally delivered or emailed to: CONTRACTOR THE CITY Daniel Nabedrick Rick Birno, Parks & Recreation Director Twin City Tennis Camps City of Golden Valley 7800 Golden 8014 Highway 55, Ste. 101 Valley Road Golden Valley, MN 55427 Golden Valley, MN 55427 rbirno@goldenvalleymn.gov dnabedrick@twincitytenniscamps.com 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. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 29. Signatory. Each person executing this Agreement ("Signatory") represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 30. Counterparts and Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format ("pdf") and signatures appearing on electronic mail instruments shall be treated as original signatures. 31. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF,the City and Contractor have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. TWIN CITY TENNIS CAMPS (INC.): CITY OF GOLDEN VALLEY: By: By: Shepard M. Harris, Mayor Name: Title: By: Timothy J. Cruikshank, City Manager EXHIBIT A FACILITY USE SCHEDULE 2021 TWIN CITY TENNIS CAMP SCHEDULE SPRING Wesley Monday Tuesday Wednesday Thursday 4/12-End of Spring HS Tennis 3-8 PM 3-8 PM 3-8 PM 3-8 PM 2 courts 2 courts 2 courts 2 courts Brookview Monday Tuesday Wednesday Thursday Friday Saturday Sunday 4/15-End of Spring HS Tennis 3-6 PM 9:30 AM-5 PM 11 AM-5 PM 4 courts 4 courts 4 courts Brookview Monday Tuesday Wednesday Thursday Friday Saturday Sunday End of Spring HS Tennis-6/6 3-8 PM 3-8 PM 3-8 PM 3-8 PM 3-6 PM 9:30 AM-5 PM 11 AM-5 PM 4 courts 4 courts 4 courts 4 courts 4 courts 4 courts 4 courts End of spring HS Tennis-tentative: 5/21 NOTES: No TCTC on Monday,May 31 SUMMER Wesley Monday Tuesday Wednesday Thursday Friday Saturday Sunday 6/7-9/4 8:30 A-4 PM 8:30 A-4 PM 8:30 A-4 PM 8:30 A-4 PM 8:30 A-4 PM 4 courts 4 courts 4 courts 4 courts 4 courts Brookview Monday Tuesday Wednesday Thursday Friday Saturday Sunday 6/7-9/4 8:30 AM-4 PM 8:30 AM-4 PM 8:30 AM-4 PM 8:30 AM-4 PM 8:30 AM-4 PM 9:30 AM-12 PM 6 courts 6 courts 6 courts 6 courts 6 courts 4 courts 4-8 PM 4-8 PM 4-8 PM 4-8 PM 4-6 PM 4 courts 14 courts 14 courts 14 courts 14 courts Saturday,June 12:Brookview move to Wesley 4 courts FALL Wesley Monday Tuesday Wednesday Thursday Friday Saturday Sunday 9/7-10/24 43-6 PM 3-6 PM 3-6 PM 3-6 PM 4 courts 4 courts 4 courts 4 courts Brookview Monday Tuesday Wednesday Thursday Friday Saturday Sunday 9/7-10/24 6-8 PM 6-8 PM 6-8 PM 6-8 PM 4-6 PM 8:30 AM-4 PM 9:30 AM-12:30 PM 4 courts 4 courts 4 courts 4 courts 4 courts 4 courts 1 Court Brookview I 111AM-4PM 11 AM-4 PM 11 AM-4 PM 10/20-10/22 1 14 courts 14 courts 14 courts End of fall HS Tennis- Move from Wesley 4 to Brookview 4 NOTES: No TCTC Sept 5-6 Please Note: No tennis courts or any other facility use will be allowed until Indpendant Contractor Agreement is signed and approved by Golden Valley City Council. Beyond this schedule,any additional courts must be approved by the Recreation and Facilities Supervisor. EXHIBIT B CONTRACTOR SERVICES It is understood that the Contractor is experienced and trained to provide tennis recreation program services and that the City requires such services. Therefore, it is hereby agreed that Contractor shall be solely responsible for providing tennis instruction services (the "Services") in accordance with the following standards: 1. Instruction: a. Contractor shall be a member of the United States Tennis Association ("USTA") and follow all USTA guidelines for tennis instruction. b. Contractor shall complete background checks on all of its instructors. c. Contractor shall provide concussion training, as provided through the Center of Disease Control and Prevention website, for all of its instructors. d. Copies of all staff's background checks and Concussion Training Certificates shal be made available upon request to Golden Valley Parks and Recreation. e. All of Contractor's instructors shall be at least 16 years of age or older. 2. Supplies: a. Contractor shall provide all necessary supplies and staff, including. Including all supplies needed to protect staff and program participants from Covid 19. b. Contractor shall remove all supplies from the Facilities at the end of program. Contractor shall remove all teaching aides, supplies, additional signage, etc. at the end of each daily program. c. Contractor may have clocks and court caddies on the court. Clocks and caddies may stay on the courts for the duration of the season. The City is not responsible for damaged or stolen items. d. Contractor shall retrieve all tennis balls and other supplies from the area at the conclusion of each day. e. Contractor shall be solely responsible for decontaminating the office area daily according to the terms of its COVID-19 preparedness plan and the City's CORR Plan,which the City shall provide to Contractor. 3. Registration and Communication: a. Contractor shall be responsible for all aspects of registration. b. Contractor shall have a working website and access for phone communication for all participants and Golden Valley Parks and Recreation staff. c. Contractor shall use best efforts to accommodate the registration requests of Golden Valley residents before the registration requests of non-Golden Valley residents. . d. Contractor shall offer fee assistance for Golden Valley residents who request financial assistance. 4. Facility Use: a. Contractor shall submit all facility repair requests in writing or via email to City staff. Contractor shall not make any changes to the Facilities without written approval from the City. b. Contractor shall maintain a neat and orderly operation for the duration of the program. Contractor shall pick up all recycling, garbage, and debris and place them in appropriate containers at conclusion of each day. c. Any additional Facility usage above and beyond the contracted days and times must be requested and approved and will be subject to additional charges. d. Contractor may use the Brookview Tennis Court building office area beginning on the effective date of this Agreement and ending October 31, 2021. The City shall supply up to 4 keys for the Brookview tennis building office area. Contractor shall return all keys to the City by Oct. 31, 2021. S. Permits/Ordinance: a. Contractor shall follow City signage guidelines as directed by Parks and Recreation Staff. Contractor may post one banner/sign per two tennis courts. Banners/signs are not allowed on any City building. b. If Contractor wishes to sell merchandise, Contractor must obtain a permit from the City. 6. Tournaments: a. Contractor shall be responsible for ordering and paying dumpster expense for all tournaments if offered. 7. Safety: a. Contractor shall provide first aid kit, ice, and safety supplies. b. Contractor shall report to the City all injuries that occur on City property or during the Program. c. Contractor will be expected to follow all Covid 19 safety procedures as outlined by the State of Minnesota and the Centers for Disease Control and Prevention, and as otherwise required in this Agreement. 8. Transportation. Contractor shall not transport any program participants during the 2021 season. EXECUTIVE SUMMARY Human Resources 763-593-3989 / 763-593-8109 (fax) Golden Valley City Council Meeting April 6, 2021 Agenda Item 3. D. 5. Approve MOU for Community Health Internship with Normandale Community College Prepared By Kirsten Santelices, Human Resources Director Jason Sturgis, Police Chief Summary In 2018, the Human Resources Director and Police Chief developed a shared goal to increase opportunities for employment and engage individuals for future work in local government. The City proposed an addition to the 2019 budget to cover employment opportunities and associated costs through the City's Pathways to Public Service program. As part of this program, the City has engaged in BrookLynk to hire high school summer interns and increased recruitment for Community Service Officers. Due to the pandemic, the City initiated a hiring freeze in 2020 and did not hire any staff through the Pathways program. As part of its ongoing commitment to community policing and community health, the Police department has explored opportunities to expand its foothold in social services. One such opportunity is through the Normandale Community College Community Health Worker-Navigator Certificate program. Community Health Workers (CHWs) work to build strong trusting relationships with community members and create a link between community members and systems of care. According to the CHW Guidebook, CHW's provide access to services, improve the quality and cultural competence of care, create an effective system of chronic disease management, and increase the health knowledge and self-sufficiency of underserved populations. A crucial component of the CHW certificate program is the completion of an internship. Many students complete their field internship within hospital, medical, or clinic. Through a partnership with Normandale, the City of Golden Valley has the opportunity to be the first city to offer a CFW internship position in its Police Department. The City believes this opportunity meets the goals set forth in the Pathways to Public Service program and proposes an internship to provide support in the following areas: building and maintaining a health and human services database, providing direct services, and building community relationships and community capacity. The City anticipates that the CFW intern will amplify City impact in the areas of social services, community policing, and cultural capacity building. The first internship opportunity is proposed for April 15 —July 15, 2021. City Council Regular Meeting Executive Summary 2 City of Golden Valley April 6, 2021 Financial Or Budget Considerations The Pathways to Public Service line item within the City Manager's budget will cover the CHW Internship salary and any other fees. Recommended Action Motion to approve MOU with Normandale Community College Supporting Documents • Memorandum of Understanding with Normandale Community College (8 pages) • Community Health Worker— Intern Job Description (2 pages) STATE OF MINNESOTA MINNESOTA STATE COLLEGES AND UNIVERSITIES MEMORANDUM OF AGREEMENT BETWEEN Normandale Community College AND City of Golden Valley This Agreement is entered into between the State of Minnesota, acting through its Board of Trustees of the Minnesota State Colleges and Universities, on behalf of Normandale Community College, 9700 France Avenue South, Bloomington, MN 55431 (hereinafter"College/University"), and the City of Golden Valley,7800 Golden Valley Road, Golden Valley, MN 55416 (hereinafter"City"). This Agreement and any amendments and supplements thereto, shall be interpreted pursuant to the laws of the State of Minnesota. WITNESSETH THAT: WHEREAS, the College/University has established a Community Health Worker- Navigator program for qualified students preparing for and/or engaged in nursing and other allied health careers; and WHEREAS, the Board of Trustees of the Minnesota State Colleges and Universities is authorized by Minnesota Statutes, Chapter 136F to enter into Agreements regarding academic programs and has delegated this authority to the College/University; and WHEREAS, the City has suitable facilities for the educational needs of the nursing and allied health program(s) of the College/University; and WHEREAS, it is in the general interest of the Facility to assist in educating persons to be qualified or better qualified nursing and allied health personnel; and WHEREAS, the College/University and the Facility are desirous of cooperating to furnish a clinical experience program for students of nursing and allied health programs enrolled at the College/University. NOW, THEREFORE, it is mutually agreed by and between the College/University and the City: 1. COLLEGE/UNIVERSITY RESPONSIBILITIES A. The College/University, which is accredited by the Higher Learning Commission, is responsible for a Community Health Worker-Navigator program. The program is either approved by the Minnesota Board of Nursing or approved by the Minnesota Department of Health. The College/University will supervise its students during the clinical experience program at the City. 1 B. The College/University will provide its faculty to effectively implement the clinical experience program at the City. The College/University faculty so assigned will hold current Minnesota State Colleges and Universities' licensure number valid in the State of Minnesota. C. The College/University faculty will be responsible for planning, directing and evaluating the students' learning experiences. The College/University faculty will attend the City's orientation for clinical experience instructors as deemed necessary by the College/University and the City. D. The College/University will provide the City, at its request, with objectives for the clinical experience program.Implementation of those objectives will be accomplished by the College/University in cooperation with the City's designated representative. E.The College/University will provide the City with a list of the students who are participating in the clinical experience program, the units within the City where they are assigned, and the dates of each student's participation in the program. F. The College/University will inform its faculty and students of the City's policies and regulations that relate to the clinical experience program at the City. G. The College/University will inform its faculty and the students who are participating in the clinical experience program that they are encouraged to carry their own health insurance and are responsible for carrying their own professional liability insurance if professional liability insurance is not provided by the College/University. H. The College/University will maintain a record of students' health examinations and current immunizations and shall obtain students'permission to submit data regarding their health status to the City. I. The College/University agrees and represents that it will require all students and faculty to have completed a background study conducted in accordance with Minnesota Statutes Chapter 245C, Human Services Background Studies, as a pre-condition to participation in the clinical experience. College/University will not assign a student or faculty member to the City if his/her background study documents ineligibility to have direct contact with City's patients or residents under applicable law or regulations. If requested, College/University shall provide the City with documentation regarding the completion or results of the background study pursuant to the written consent of the subject. The City may also conduct and pay for background checks on students and faculty. Site participation in the program is contingent upon passing any background checks required by the City. II. CITY RESPONSIBILITIES A. The City is responsible for the safety of its community members as well as the quality of services provided to its community members by the students who are participating in the clinical experience program at the City. In order to effectively fulfill that duty, it is agreed that the City has ultimate control over all persons involved in the program 2 and may unilaterally terminate the participation of any student enrolled in the program. In the case of an emergency involving health and safety, the City may terminate a student's participation immediately. In non-emergency situations, the City shall consult with the College/University before taking any action to terminate the participation of a student. B. The City will provide the College/University with a copy of its policies and regulations which relate to the clinical experience program. C. The City will permit the College/University faculty and students to use its facilities for clinical instruction according to a mutually-approved plan. D. The City will allow a reasonable amount of City staff time for orientation and joint conferences with College/University faculty, for planning with College/University faculty, and for such other assistance as shall be mutually agreeable. E. When available, physical space such as offices, conference rooms, and classrooms of the Facility may be used by the College/University faculty and students who are participating in the clinical experience program. F. The City will make locker or cloak room facilities available for the College/University faculty and students during assigned clinical experience program hours. These facilities may be shared by other City staff and students. The City assumes no responsibility for the loss or damage to any personal property left in the locker, workspace, or cloak room. G. The City assumes no responsibility for the cost of meals, uniforms, housing, parking or health care of College/University faculty and students who are participating in the clinical experience program. The City will permit College/University faculty and students who are participating in the clinical experience program to use any cafeteria on the same basis as employees of the City. The City will permit College/University faculty to use City parking spaces under the same policies governing City personnel. H. The City recognizes that it is the policy of the College/University to prohibit discrimination and ensure equal opportunities in its educational programs, activities, and all aspects of employment for all individuals regardless of race, color, creed, religion, gender, gender identity, national origin, immigration status, sexual orientation, veteran's status, marital status,age,disability, status with regard to public assistance,or inclusion in any group or class against which discrimination is prohibited by federal, state, or local laws and regulations. The City agrees to adhere to this policy in implementing this Agreement. L Americans with Disabilities Act (ADA) Compliance. The City agrees that in fulfilling the duties of this Agreement, the City is responsible for complying with the Americans with Disabilities Act, 42 U.S.C. Chapter 12101 et seq., and any regulations promulgated to the Act. The College/University is not responsible for issues or challenges related to compliance with the ADA beyond its own routine use of City facilities, services and other areas covered by the ADA. 3 III. MUTUAL RESPONSIBILITIES A. The College/University and the City assume joint responsibility for the orientation of the College/University faculty to the City policies and regulations before the College/University assigns its faculty to the City. B. HIPAA. Solely for the purposes of defining the students' and faculty roles in relation to the use and disclosure of the City's protected health information, the College/University and faculty engaged in activities pursuant to this Agreement are members of the City workforce, as that term is defined in 45 CFR 160.103. The College/University students and faculty are not, and shall not be construed to be, employees of the City. The College/University shall cooperate with the City in complying with its obligations as a HIPAA covered entity, including, but not limited to, complying with its policies and procedures under the HIPAA Privacy Regulations, 45 CFR parts 160 and 164. Prior to placement at the City, the College/University shall instruct its students and faculty to comply with the City's policies and procedures governing the use and disclosure of individually identifiable health information. C. Personnel of the College/University and the City will communicate regarding planning, development, implementation, and evaluation of the clinical experience program. The communication may include but not be limited to: 1. Communication to familiarize City personnel with the clinical experience program's philosophy, goals and curriculum; 2. Communication to familiarize the College/University faculty with the City's philosophy,policy and program expectations; 3. Communication to keep both parties and the parties' personnel who are assigned to the clinical experience program informed of changes in philosophy,policies and any new programs which are contemplated; 4. Communication about jointly planning and sponsoring in-service or continuing education programs (if appropriate); 5. Communication to identify areas of mutual need or concern; 6. Communication to seek solutions to any problems which may arise in the clinical experience programs; and 7. Communication to facilitate evaluation procedures. D. Insurance. Each party, at its sole expense and at all times during the term of this Agreement, shall secure and maintain the following insurances (or comparable coverage under a program of self-insurance) covering itself and its employees who perform any work, duties or obligations in connection with this Agreement. 1. Commercial General Liability Insurance The College/University will maintain Commercial General Liability insurance in conformance with the Tort Claims limits set forth in Minn. Stat. §3.736, subd. 4, with limits not less than $500,000 per person and $1,500,000 per occurrence for bodily injury and property damage. 4 The City will maintain Commercial General Liability insurance in conformance with the Tort Claims limits set forth in Minn. Stat. Chapter 466, with limits not less than $500,000 per occurrence and $1,500,000 annual aggregate for bodily injury and property damage. 2. Professional Liability Insurance The College/University will maintain Professional Liability insurance for participating students (and faculty, if applicable) or cause any student participating in the program to maintain Professional Liability insurance, with limits not less than $2,000,000 each claim and $3,000,000 aggregate. The City will maintain Professional Liability insurance covering itself and its employees, agents or assigns with limits not less than $500,000 each claim and $1,500,000 aggregate. If insurance covered by claims-made policies is discontinued, then extended reporting period coverage must be obtained and evidence of such coverage shall be provided to the other party. 3. Additional Conditions: An Umbrella or Excess Liability insurance policy may be used to supplement the either party's policy limits to satisfy the full policy limits required by the Agreement. Each party shall provide to the other party upon request certificates of insurance or self-insurance evidencing the required coverage. If either party receives a cancellation notice from an insurance carrier affording coverage herein, they will provide to the other, within five (5) business days of receiving said notice, a copy of the cancellation notice, unless the policy(ies) contain a provision that coverage afforded under the policy(ies) will not be cancelled without at least thirty (30) days' advance written notice to the other party. Each party, at its sole expense, shall provide and maintain Workers' Compensation insurance as such party may be required to obtain by law. The College/University is self-insured for Workers'Compensation purposes, and any such insurance extends only to employees of the College/University, not to students. The City is self-insured for Workers' Compensation purposes, and any such insurance extends only to the employees of the City, not to the students. IV. STUDENT REQUIREMENTS A. Each student will be required, as a condition if participation in the clinical experience program, to submit the results of a health examination to the College/University and, if requested, to the City, to verify that no health problems exist which would jeopardize student or patient welfare. The health examination shall include an update of required immunizations. The health examination shall include a Mantoux test or chest x-ray and verification of immunity for rubeola and rubella. A list of those students with positive 5 Mantoux or negative rubeola/rubella results may, at the request of the City, be provided to the City. B. Students participating in the clinical experience program shall be encouraged to carry their own health insurance. C. Students participating in the clinical experience program shall be responsible for carrying their own professional liability insurance if professional liability insurance is not provided by the College/University. V. EMERGENCY MEDICAL CARE & INFECTIOUS DISEASE EXPOSURE A. Any emergency medical care available at the City will be available to College/University faculty and students. College/University faculty and students will be responsible for payment of charges attributable to their individual emergency medical care at either the City or the College/University. B. Any College/University faculty member or student who is injured or becomes ill while at the City shall immediately report the injury or illness to the City and obtain appropriate treatment as they choose. Any hospital or medical costs arising from such injury or illness shall be the sole responsibility of the College/University faculty member or student who receives the treatment and not the responsibility of the City or the College/University. C. The City shall follow, for College/University faculty and students exposed to an infectious disease at the City during the clinical experience program, the same policies and procedures which the City follows for its employees. D. College/University faculty and students contracting an infectious disease during the period of time they are assigned to or participating in the clinical experience program must report the fact to their College/University and to the City. Before returning to the City, such a College/University faculty member or student must submit proof of recovery to the College/University or City, if requested. VI. LIABILITY Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. Each party's liability shall be governed by the Minnesota Tort Claims Act, Minn. Stat. §3.736, and other applicable laws. VII. TERM OF AGREEMENT This Agreement is effective on the later of March 16, 2021, or when fully executed, and shall remain in effect until April 1, 2026. This Agreement may be terminated by either party at any time upon thirty (30) days'written notice to the other party. 6 VIII. FINANCIAL CONSIDERATION A. The College/University and the City shall each bear their own costs associated with this Agreement and no payment is required by either the College/University or the City to the other party. B. The City is not required to reimburse the College/University faculty or students for any services rendered to the City or its patients pursuant to this Agreement. IX. AMENDMENTS Any amendment to this Agreement shall be in writing and signed by authorized officers of each party. X. ASSIGNMENT Neither the College/University nor the City shall assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party. XI. STATE AUDIT The books, records, documents and accounting procedures and practices of each party relevant to this Agreement shall be subject to examination by the other party and the Legislative Auditor. XII. DATA PRIVACY The City and College/University shall comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the College/University in accordance with this contract, and as it applies to all data, created, collected, received, stored,used, maintained, or disseminated by the City in accordance with this contract. The civil remedies of Minnesota Statute §13.08 apply to the release of the data referred to in this clause by either the City or the College/University. In the event the City receives a request to release the data referred to in this clause, the City must immediately notify the College/University. The College/University will give the City instructions concerning the release of the data to the requesting party before the data is released. The parties additionally acknowledge that the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g and 34 C.F.R. 99, apply to the use and disclosure of education records that are created or maintained under this agreement. [Remainder of page intentionally left blank. Signature page follows.] 7 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. APPROVED: Normandale Community College By: Its: City of Golden Valley By: Shepard M. Harris, Mayor By: Tim Cruikshank, City Manager 8 City 0 o l d e n valley Job Title: Community Health Worker Student Intern Department: Police Supervisor: Police Commander FLSA Status: Non-Exempt Position Type: Part-Time/Temporary Date Updated: 03/08/2021 Position Overview and Duties The Community Health Worker works within the Police department to cultivate and enhance relationships with underserved populations in Golden Valley and bridge the gap between communities and the health and social service systems. As a part-time/temporary worker,the CHW will be assigned responsibilities and tasks based on the current needs of the City. Tasks may include the following: Build Health and Human Services Database • Conduct assessment of the City's current social services agencies and resources. • Build relationships within health and social service agencies to continually update and maintain the City's database. Provide Direct Services • Assist with the development of workflow, including identifying need for case follow-up process. • Assist with case follow-ups including phone calls and in-person meetings. • Assist community members with access to and navigation of health and social service systems. • Connect community members to evidence based programs/classes. • Promote early intervention and developmental tracking of children in underserved neighborhoods. Build Community Relationships and Community Capacity • Assist with community engagement sessions to establish rapport with community members, especially underserved populations and assess needs. • Increase access to public health services through culturally competent outreach and education and assist in the creation of culturally specific resources as needed. • Build community capacity by addressing social determinants of health. Other Duties Please note this job description is not designed to cover or contain a comprehensive listing of activities, duties or responsibilities that are required of the employee for this job. Duties, responsibilities, and activities may change at any time with or without notice. Supervisory Responsibility This position does not have employee supervisory responsibilities. Minimum Qualifications • Current or recent graduate of Community Health Worker/Navigator Certificate Program. City 0 o l d e n valley • Ability to complete the essential duties and responsibilities of the position with or without reasonable accommodations. Competencies • Communication • Inclusion • Customer Focus • Leadership • Teamwork • Decision-Making • Positive Attitude • Ethical • Hard Work • Organized • Equity • Problem Solving EXECUTIVE SUMMARY City Administration 763-593-8006 / 763-593-8109 (fax) Golden Valley City Council Meeting April 6, 2021 Agenda Item 3. D. 6. Authorization to Sign Police Patrol Officer (LELS Local 27) Agreement Prepared By Maria Cisneros, City Attorney Kirsten Santelices, Human Resources Director Summary This item is the topic of the Executive Session held immediately prior to the Council meeting. Information will be provided at the Council Meeting pending the outcome of the discussion at the Executive Session. Financial Or Budget Considerations N/A Recommended Action Motion to approve 2021-2022 Police Patrol Officer's Agreement. Supporting Documents • Link to Patrol Officer's 2021-2022 Labor Relations Contract o This link is active but the document will not be officially uploaded and accessible to the public until the adjournment of the April 6 City Council Closed Executive Session. Public access will also be dependent on the outcome of that meeting. EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting April 6, 2021 Agenda Item 3. D. 7. Award Contract for 2021 Asphalt Microsurface Project, City Project#20-04 Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, Assistant City Engineer Summary Staff solicited bids for the 2021 Asphalt Microsurface Project. The project scope includes placement of a protective microsurface membrane (oil, polymer, and sand) over the existing asphalt pavement to prevent the long-term degradation of the pavement due to water, sun, and traffic. The use of this preventative maintenance technique, used predominately by MnDOT in the past, is being utilized more by municipalities and counties as an alternative to conventional chip sealing. The roads being considered for treatment are Noble Avenue from Golden Valley Road to Culver Road (base bid) and Winnetka Avenue from TH 55 to 1-394, as shown on the attached project location map. Quotes for the 2021 Asphalt Microsurface Project, City Improvement Project No. 20-04 were received on March 25, 2021. The following quotes were received: CONTRACTOR BASE BID ALT BID 1 TOTAL Asphalt Surface Technologies Corporation (ASTECH Corp) $88,356.18 $72,944.36 $161,300.53 Fahrner Asphalt Sealers $164,005.87 $129,824.90 $293,830.77 The bids were reviewed, found to be accurate, in order. Due to budget constraints, staff recommends awarding the base bid for the project, which includes Noble Avenue only. Financial Or Budget Considerations The financing for this contract is summarized below: • Funding for this project is in the 2021 Capital Improvement Program (S-044) which includes $100,000 for pavement surface treatments. It is expected that construction will begin as weather permits in June of 2021 and be completed by September. City Council Regular Meeting Executive Summary 2 City of Golden Valley April 6, 2021 Recommended Action • Motion to authorize the Mayor and City Manager to execute a construction agreement with Asphalt Surface Technologies Corporation (ASTECH Corp) in the form approved by the City Attorney for the base bid of the 2021 Asphalt Microsurface Project #20-04 in the amount of $88,356.18. Supporting Documents • Location Map (1 page) • Contract with Asphalt Surface Technologies (ASTECH Corp) (16 pages) EXH|B|TA NOBLE AVE NDRAWING CONTRACT FOR 2021 MICRO SEAL PROJECT CITY OF GOLDEN VALLEY PROJECT NUMBER 20-04 THIS AGREEMENT is made this 6th day of April, 2021 (the "Effective Date") by and between Asphalt Surface Technologies Corporation a/k/a ASTECH Corporation, an asphalt maintenance company located at 8348 Ridgewood Road, St. Cloud, Minnesota, ("Contractor"), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the City RECITALS A. Contractor is engaged in the business of asphalt pavement micro surfacing. B. The City desires to hire Contractor to furnish and apply a microsurface sealant. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1. The Work. Contractor shall perform the work more fully described in the attached Exhibit A(the "Work"). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor's obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. 2. Time for Completion. The Contractor shall proceed no earlier than August 1, 2021 and shall complete the Work to the satisfaction and approval of the City's engineer on or before September 30, 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. Extra Work. Unless approved by the City in writing,Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor's own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 5. Contract Documents.The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary drawings, plans, specifications d. Other documents listed in this Agreement Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 6. Expense Reimbursement. Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor's fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 7. Approvals. Contractor shall secure the City's written approval before making any expenditures, purchases, or commitments on the City's behalf beyond those listed in the Work. The City's approval may be provided via electronic mail. 8. Protection of Persons and Property. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 9. Acceptance of the Work. All of the Contractor's work and labor shall be subject to the inspection and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then 2 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"). 10. Warranty. Contractor represents and warrants that it has the requisite training, skills, and experience necessary to complete the Work, is appropriately licensed by all applicable agencies and governmental entities, and will complete the Work in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar work. Contractor further represents and warrants to the City that the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise.Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or equipment not conforming to these requirements may be considered defective.Contractor shall promptly correct any defective Work. Costs of correcting such defective Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for any additional services and expenses made necessary thereby, shall be at Contractor's expense. Contractor's warranty shall exclude remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. 11. Guarantee. Contractor guarantees and agrees to maintain the stability of the Work and materials furnished and installed under this contract for a period of one year after the Final Completion Date (the "Guarantee Period"). Contractor agrees to perform fully all other guarantees as set forth in the specifications. If any of the Work is found to be not in accordance with the requirements of the Contract during the Guarantee Period, Contractor shall correct it promptly after receipt of notice from the City to do so.The City shall give such notice promptly after discovery of the condition. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct the Work at Contractor's expense. The Guarantee Period shall be extended with respect to portions of Work first performed after the Final Completion Date by the period of time between final payment and the actual completion of that portion of the Work. The one-year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to this Section. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's obligations other than specifically to correct the Work. 12. Termination. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties' obligations hereunder, unless terminated 3 by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty(30) days' written notice to the City; c. The City may terminate this Agreement at any time at its option,for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor's failure to have in force any insurance required by this Agreement. In the event of a termination,the City shall pay Contractor for Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 13. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 14. Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor,the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor's breach. 15. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor,that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 16. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor's successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents,volunteers, and employees from any and all claims; lawsuits;causes of actions of any kind, nature, or character; damages; losses;and costs,disbursements,and expenses of defending the same,including but not limited to attorneys' fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor's (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement,or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor's failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 17. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: a. Worker's Compensation Insurance as required by Minnesota Statutes, section 176.181; 4 b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard, providing coverage for claims including: i. Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii. Personal and advertising injury; iii. Damages because of physical damage to or destruction of property, including loss of use of such property; iv. Bodily injury or property damage arising out of completed operations; and V. Contractor's indemnity obligations under this Agreement. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: "The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages." Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days' written notice is provided to the City, or 10 days' written notice in the case of non-payment. 18. Compliance with State Withholding Tax. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project by providing to the City Engineer a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. 19. Monetary Securities. Prior to Commencement of the Work, Contractor shall make, execute and deliver to the City a certified or cashier's check in a form acceptable to the City, in the sum of five (5) percent of the total amount of the base proposal payable to the City as a guaranty that the Contractor will complete the Work. Said securities shall secure the faithful performance of the Contract by the Contractor and shall be conditioned as required by law.This Agreement shall not become effective unless and until said bonds have been received and approved by the City. 20. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party's prior written consent. Any assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due)in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any 5 written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Work required by this Agreement.Any instrument in violation of this provision is null and void. 21. Independent Contractor. Contractor is an independent contractor. Contractor's duties shall be performed with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is customarily engaged in the independent performance of the same or similar work for others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the 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. 22. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor's guests, invitees, members,officers,officials,agents,employees,volunteers, representatives, and subcontractors shall abide by the City's policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City's Tobacco, Drug,and Alcohol Policy,as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures,or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 23. Entire Agreement. The Contract Documents shall constitute the entire agreement between the City and Contractor, and supersede any other written or oral agreements between the City and Contractor. 24. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 25. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 26. Work Products and Ownership of Documents. All records, information, materials and other work products, including, but not limited to the completed reports,drawings, plans,and specifications prepared and developed in connection with the provision of the Work pursuant to this Agreement shall become the property of the City, but reproductions of such records, information, materials and other work products in whole or in part may be retained by Contractor. Regardless of when such information was provided, Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising 6 out of or related to this Agreement, except as authorized by the City or as required by law. These obligations survive the termination of this Agreement. 27. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Work. 28. Agreement Not Exclusive. The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City's sole discretion. 29. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes,Chapter 13. Contractor agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City,except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 30. No Discrimination. Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended ("ADA"), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A.Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys' fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 31. Authorized Agents. The City's authorized agent for purposes of administration of this contract is City Engineer, or designee. Contractor's authorized agent for purposes of administration of this contract is Dale Stranberg, or designee who shall perform or supervise the performance of all Work. 32. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY Asphalt Surface Technologies Corp City of Golden Valley A/K/A ASTECH Corp. 7800 Golden Valley Road 8348 Ridgewood Road Golden Valley, MN 55427 St. Cloud, MN 56302-1025 engineeringdept@goldenvalleymn.gov 763.593.8030 7 or such other contact information as either party may provide to the other by notice given in accordance with this provision. 33. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 34. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 35. Payment of Subcontractors. Contractor agrees to pay all laborers employed and all subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to pay any claims and demands for labor and materials, the City may apply the monies due to Contractor toward paying and satisfying such claims and demands. The City has the right to apply monies due to Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against Contractor. The amount of such payments shall be deducted from the balance due to the Contractor; provided that nothing herein nor any variation from the amounts and timing of the installments shall be construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or to retain for their benefit any monies coming to the contractor hereunder. Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor within ten (10) days of Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of one and one-half percent(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. 36. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 37. Signatory. Each person executing this Agreement("Signatory") represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 38. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (pdf) and signatures appearing on electronic mail instruments shall be treated as original signatures. 8 39. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF, the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. ASPHALT SURFACE TECHNOLOGIES CITY OF GOLDEN VALLEY: CORPORATION A/K/A ASTECH CORP. : By: By: Name: Shepard M. Harris, Mayor Title: By: Timothy J. Cruikshank, City Manager 9 EXHIBIT A SCOPE OF WORK The Work will consist of pavement marking removal,furnishing& installing bituminous microsurface over the existing bituminous pavement within the project boundaries in accordance with this specification. Contractor shall provide certification that the sealant meets the requirements of MNDOT Standard Specification 2354 and pavement marking installation. A copy of the manufacturer's recommendations pertaining to the heating and application of the micro sealant shall be submitted to the Engineer prior to commencement of work.These recommendations shall be adhered to and followed by Contractor The Location Map herein Exhibit A identifies roadways that will receive a microseal treatment with the 2021 project. Prior to the start of the microsurface operation, a field meeting with Contractor personnel and City staff is required to discuss traffic control requirements and the application rate. The contractor will be required to submit to the Engineer for review and approval, a detailed critical path schedule a minimum of three (3) days before the pre-construction conference. The schedule must detail all controlling operations. DO NOT allow traffic on the micro sealed surface until after the bituminous material has set and will not pick up on vehicle tires. This work will consist of removal of the existing pavement markings. Microsurfacing scratch course placement within two days of the pavement marking removal. Microsurfacing surface course placement within two days of the microsurfacing scratch coarse placement. Pavement marking placement no sooner than 14 days and no later than 21 days from microsurfacing surface course placement. Temporary pavement markings will be required between each of the above activities to ensure the roadway and drive lanes are delineated. Mixing of different manufacturer's brands or different types of sealant shall be prohibited. During a period of falling temperature, the placement of sealant material shall be suspended when the air temperature, in the shade and away from artificial heat, reaches 60' F. Sealant shall not be placed when in the opinion of the Engineer the weather or roadbed conditions are unfavorable. Microsealing will be permitted only during daylight hours between July 15, 2021 and August 31, 2021, during non-school days. The July 15 start date can be negotiated, as it is due to other utility work that will be taking place in the area. EXH|B|TA NOBLE AVE NDRAWING ALTERNATE AREA—WINNETKA AVE S DRAWING PondCQkwy N Harold Ave a .�J`e P�B � ° Pond M m I Harold Pond Z m Q �0 1 Y r . m c &k# I Western Ave — �� estern A el Y 3 off;, Y o do ewa Rd �; + mN. �'+ + -mil , a;(La r �`' r— J r— Laurel Ave h iGre �o� d �+_ Q C* IW afa e/11a aye �� w >I a ��3 ,RI > 1,39 4 Fr t IC o y Print Date.- 121102019 Ltf1'0f Sources: holden 2020 Microsurface -Hennepin County Surveyors Office for Property Lines(2019). V^1 -City of Golden Valley for all other layers. al Winnetka Ave 0 225 450 900 Feet 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. The contractor may stockpile micro surface material or aggregate at the City's storage site at 9400 10th Avenue North. The contractor shall coordinate delivery of the materials with City staff. Bituminous and micro surface material manifests shall be collected by City staff upon delivery at the job site. At the discretion, material tickets that are not submitted to City staff upon delivery of the material may not be accepted or paid for. 4. Mobilization (2021). The lump sum for mobilization is to include all aspects of work and shall include mobilization to all of the areas identified in the Location Map herein Exhibit A. 5. Pavement Marking Removal (2102). The provisions of MNDOT 2102 are modified and/or supplemented with the following conditions, the following is hereby added to the end of MNDOT 2102.3: All pavement marking removal shall be done utilizing either grinding, water-blasting, or sandblasting equipment. 6. Water Use on Project(2130). Project related water use shall be considered incidental. The Contractor will not be charged for any project related water use. However, to receive permission to take water from hydrants the Contractor shall be required to obtain a meter from the City Utilities Maintenance Department (763.593.3962). The meter requires a one thousand seven hundred and fifty dollar($1,750.00) deposit, which will be refunded when the Contractor returns the meter in good condition. The Contractor shall identify specific hydrants he/she wishes to take water from during construction and obtain approval from the Engineer. Only hydrants approved by the Engineer will be available for use by the Contractor. 7. Micro-surfacing(2354): All micro-surfacing shall be performed in conformance with MNDOT Specification 2354, except as modified or supplemented herein. The micro surfacing rates of 16 pounds per square yard and 14 pounds per square yard were design estimates for the scratch course and surface course respectively. Design of all mixtures used on this project shall be approved by MNDOT, and mix certification documentation of such shall be provided to the Engineer at least two weeks prior to placement. Protect all drainage structures, gate valves, manholes and other utility structures throughout all micro surfacing operations. 8. Traffic Control and Maintenance (2564). Contractor shall detour traffic at all necessary times while performing the Work in accordance with the current Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) Field Manual and its supplements, or as deemed necessary by the Engineer, when the Work occurs on or adjacent to any street, alley or public place. Contractor shall provide, under the traffic control item, all construction signage and traffic control devices for the protection of persons, property and the Work. Contractor shall be responsible for maintaining traffic control devices during the Work. In the event that the City must install additional signs for traffic control for safety purposes,the cost for such measures shall be billed to Contractor or withheld from monies due. The Contractor shall be held responsible for all damaged from failure to protect the work zone. The detour route shall utilize Culver Rd to Regent Ave N to Golden Valley Rd. Throughout construction, Contractor shall provide safe and adequate access at all times for residents, property owners and emergency vehicles. Access shall include the maintaining of ingress and egress of private driveways throughout construction. Throughout the duration of the Work, Contractor shall, as much as possible,work to limit any inconveniences to local businesses and property owners. When single lane traffic is necessary, flagmen must be provided to direct traffic. Contractor shall provide certifications of all flagmen that will be working on this project. 9. Erosion and Sedimentation Control (2573). Storm Drain Inlet Protection --- Wimco Inlet Protection. Contractor shall provide Wimco Inlet Protection devices, or approved equal, on all inlets where inlet protection is designated. Information on the Wimco devices can be obtained at www.roaddrain.com. Payment will be made on the basis of each structure protected through all phases of the work. Use of different methods for protection in order to phase the work or for the ease of the construction shall not be cause for multiple payments over one per structure. 10. Interim Pavement Marking (2580): The cost of the temporary markers, layout and placement by the Contractor shall be paid in accordance with the lump sum bid for Interim Pavement Marking. The Contractor shall be required to place as directed by the Engineer, 4-inch white and yellow Flexible Temporary Raised Reflective Pavement Markers on the pavement in 30-foot intervals to delineate travel lanes as soon as possible as required below. Interim pavement markings will be required immediately following completion of the following operations. Pavement Marking Removal, Microsurface Scratch Course, and Microsurface Surface Course. 11. Pavement Markings (2582):The unit prices bid for pavement markings to be used in the roadway shall be considered compensation in full to place all markings complete in place as directed by the Engineer, and in accordance with the Specifications. Pavement marking used on the roadway shall be in accordance with the Specification for Epoxy Resin Pavement Markings (Free of Toxic Heavy Metals) and the MNDOT Specification for Drop-on Glass Beads in the Appendix, or as modified herein. The rate of application for 4-inch line (painted area) shall be 300 to 330 linear feet for gallon of paint. The rate of application for the 12-inch and 24-inch line (painted area) shall be 100 to 110 square feet for gallon of paint. The ratio of skip to stripe shall be 40:10 (40 feet skip to 10 feet of painted line). No painting shall be done during the threat of rain, or when the road surface is damp. The air temperature must be at least 40' F, and rising. All excess reflectorized glass beads from placement of pavement markings must be removed by the Contractor before traffic is allowed to resume on the new markings. The cost for all sweeping shall be included in the unit price bid for each pavement marking. No claims for additional compensation to perform sweeping shall be considered. The Contractor shall mark all pavement markings in accordance with the Plans and their pre-construction location for review and approval by the Engineer before the pavement markings are installed. The Contractor shall be responsible for all testing as described in the relevant Specifications and in the Appendices. Reports for all testing required shall be submitted to the Engineer. All costs for signage in conjunction with striping or other pavement markings shall be included in the lump sum bid price for Traffic Control. 12. Manual References.The Specifications which apply to the Work shown in the Plans shall be as follows: a. Special Conditions herein Exhibit A and B. b. The most current edition of the Minnesota Manual on Uniform Traffic Control Devices. c. Division I, 1507 (Utility Property and Service) and Division I, 1512 (Unacceptable and unauthorized work) of the Minnesota Department of Highways Standard Specification for Construction, 2018 Edition and its supplements, shall apply, except as modified or supplemented herein. d. Division II (Construction Details) and Division III (Materials) of the Minnesota Department of Highways Standard Specification for Construction, 2018 Edition and its supplements, shall apply, except as modified or supplemented herein. 13. Safety Precautions and Accident Prevention. The Contractor shall observe and comply with all requirements to the safety of the workforce to be employed on the project.Contractor shall comply with all safety measures recommended and required by any governmental agency, including the Department of Labor and Industry, Division of Accident Prevention of the Industrial Commission of Minnesota, and with the requirements of the Workmen's Compensation Act and any amendments thereof.Attention is called to the other paragraphs of these Special Conditions covering safety precautions and accident prevention.The Contractor shall be responsible for all safety issues on this project. The Contractor shall comply with instructions from the City for implementing any additional requirements for safety concerns. 14. DOT Compliance.All of Contractor's drivers performing work for the City must be in compliance with DOT requirements related to holding a Commercial Driver's License(CDL). Contractor shall be responsible for ensuring its own compliance with all applicable DOT regulations and requirements, including but not limited to DOT regulations related to drug testing and the maintenance of drug testing records. Contractor shall indemnify and hold harmless the City for any fines incurred as a result of Contractor's failure to comply with DOT requirements as set forth above. It shall be Contractor's responsibility to comply and provide evidence to the City of DOT compliance upon request. 15. Hours of Operation. Work shall occur Monday through Saturday from 7:00 a.m. to 7:00 p.m. On streets designated as high-volume roadways, Contractor's Work shall be restricted to the hours of 9:00 a.m. to 3:30 p.m., or after 6:00 p.m.for any Work within the traveled portion of the roadway. HIGH-VOLUME ROADWAYS a. Betty Crocker Boulevard between US 169 and General Mills Blvd b. Boone Avenue North between TH 55 and Plymouth Ave c. General Mills Boulevard between Wayzata Blvd and TH 55 d. Golden Hills Drive between Wayzata Blvd and Turners Crossroad e. Golden Valley Road between Boone Avenue and Douglas Drive f. Laurel Avenue between Winnetka Avenue and Xenia Avenue g. Louisiana Avenue South between Laurel Avenue and 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 34t"Ave N m. Rhode Island Avenue between 10th Avenue and TH 55 n. Wayzata Boulevard all portions in Golden Valley City Limits o. Winnetka Avenue between TH 55 and 1-394 p. Xenia Avenue South between Glenwood Avenue and 1-394 q. Zenith Avenue North between 26t"Ave N and Theodore Wirth Pkwy 16. Noise Elimination. The Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the manufacturer. 17. Care of Work. All work under this contract shall be accomplished with reasonable care and minimal damage to affected properties. The Contractor shall provide quality cleanup after removal and repair of any damage done by the Contractor's equipment. 18. Contract Time Extension. The Contractor shall perform fully, entirely, and in an acceptable manner, the Work within the Contract Time stated in this Agreement. Contractor shall notify the City on writing, not less than ten (days) prior to end of the Contract Time if the Contractor finds it impossible to complete the Work. Contractor shall detail fully in the request reasons for the extension. The City, in its sole discretion, may grant an extension if the Work has been delayed on account of unusual circumstances beyond the control of the Contractor, or that quantities of the Work done or to be done are in excess of estimated quantities in sufficient amount to warrant the extension for the completion to such date as may seem reasonable and proper. EXHIBIT C PROPOSAL Contractor certifies that an examination has been made of the scope and location of work and proposes to furnish all necessary machinery, equipment, tools, labor and other means for the Work and to furnish all materials specified in the manner and at the time prescribe; and understands that the quantities of work shown herein are approximate only and are subject to increase or decrease; and further understands all quantities of work, whether increased or decreased, are to be performed at the following unit prices. EXHIMT C PROPOSAL Contractor certifies that an examination has been made of the scope and location of work and proposes to furnish all necessary machinery, equipment,tools, labor and other means for the Work and to furnish all materials specified in the manner and at the time prescribe;and understands that the quantities of work shown herein are approximate only and are subject to increase or decrease;and further understands all quantities of work,whether increased or decreased, are to be performed at the following unit prices. BASE BID;NOBLE AVENUE Spec Description Units Estimated Bid Price Amount Number Quantity 2021.501 Mobilization Lump Sum 1 $ aC., 2102.503 Pavement Marking Removal LF 7343 2102.518 Pavement Marking Removal — SF 432 $ 3, o U S 4b.00 2354.503 Bituminous Material—Micro Surfacing Gal 6174 2354.504 Micro-surfacing Scratch Course Ton 100 $ 2!o,ao $ a I, yoo. ®a 2354.504 Micro-surfacing Surface Course Ton 88 $ jU. ao _$ 2663.601 Traffic Control LS 1 $ 2580.601 Interim Pavement Marking LS 1 2582.503 4" Double Solid Yellow Line LF 1782 2582.503 4"Single Broken Yellow Line LF 4115 $ C) a $ 2582.503 4"Single Solid White Line LF 1446 2582.518 Crosswalk Multi Comp Gr In SF 432 2573.530 Inlet Protection Each 19 TOTAL COST-BASE BID: $ Asphalt Surface Technologies Corporation a/k/a ASTECH Corp, b O BID ALTERNATE 1: WINNETKA AVENUE Spec Description Units Estimated Bid Price Amount Number Quantity Lump 2021.501 Mobilization Sum 1 $ Sr 000, O(> $ �� 600,v 0 2102.503 Pavement Marking Removal LF 3396 $ 01(00 $ 637. (e0 2102.518 Pavement Marking Removal SF 216 $ 3,00 $ 2354.503 Bituminous Material—Micro Gal SS45 Surfacing $ 2.8`7 $ /5- g1`7,O ) 2354.504 Micro-surfacing Scratch Course Ton 90 $ ;Z I O`U b $ 14, 900.Uo 2354.504 Micro-surfacing Surface Course Ton 79 $ �,j n, 06 $ l Coo S qo,C)o 2663.601 Traffic Control LS 1 $ 3;500..00 $ 30 06,G O 2580.601 Interim Pavement Marking LS 1 $ 31 Goo. Cy0 $ 3,�,00,00 2582.503 4" Double Solid Yellow Line LF 2574 $ O,70 $ 180. /a 2582.503 4"Single Solid White Line LF 355 $ o. 3 3 $ (/ 7. /5 2582.503 24"Solid Line Multi Comp Gr In LF 322 $ /O. a.0 $ 3,.:? a y.qU 2582.503 Turn Lane—Use Arrow Each 4 $ 165.00 $ 4,(,20, 66 2573.530 Inlet Protection Each 25 $ 11 D, OO $ a, 7SO ,UO TOTAL COST BASE BID: $ 88, TOTAL COST BID ALTERNATE I: $ 1; 9q JS TOTAL COST BASE BID+ BID ALTERNATE 1: $ /6(t 300,.5 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. Asphalt Surface Technologies Corporation a/k/a ASTECH Corp. BY: 04Z r March 25, 2021 Dale R. Strandberg, Vice—President (320)363-8500 PO Box 1025, St. Cloud, MN 56302 SUMMARY Parks and Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 6t", 2021 Agenda Item 3. E. 1. Acceptance of donation for a park bench to be located in the Laurel Avenue Greenbelt and trail area honoring Casey McDonald and Grace Coyne, Resolution No. 21-16. Prepared By Rick Birno, Director of Parks & Recreation Summary As adopted in the Donation/Gift Policy, a 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. All donations and grants must be acknowledged and accepted by motion with a simple majority. Financial Or Budget Considerations Not applicable. Recommended Action Motion to adopt Resolution No. 21-16 accepting the donation from the McDonald Family for the addition of a park bench in the Laurel Avenue Greenbelt and trail area honoring Casey McDonald and Grace Coyne. Supporting Document • Resolution No. 21-16, accepting a donation of$2,300.00 from the family of Shelley McDonald for a park bench to be located in the Laurel Avenue Greenbelt and trail area. RESOLUTION NO. 21-16 RESOLUTION ACCEPTING THE DONATION OF A PARK BENCH FROM THE MCDONALD FAMILY FOR THE LAUREL AVENUE GREENBELT AND TRAIL AREA 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 states that a 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. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following donations on behalf of its citizens: $2,300 donation from the family of Shelley McDonald for the addition of a park bench honoring Casey McDonald and Grace Coyne at the Laurel Avenue Greenbelt and trail area. Adopted by the City Council of Golden Valley, Minnesota this 6th day of April, 2021 . Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk EXECUTIVE SUMMARY Human Resources 763-593-3989 / 763-593-8109 (fax) Golden Valley City Council Meeting April 6, 2021 Agenda Item 3. F. Approve Resolution No. 21-17 Adopting Amendment to Employee Handbook Prepared By Kirsten Santelices, Deputy City Manager/Human Resources Director Summary The City is dedicated to ensuring an equitable and inclusive workplace and regularly reviews its benefits and policies to fulfill this commitment. On March 2, 2021, the City Council passed a Proclamation of Support of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The City committed to enacting policies and initiatives that promote the health and safety of women. Currently, women make up 47% of the workforce, and 40% of those women are the sole or primary economic contributors for their families. Furthermore, despite the economic and health benefits that result when parents take time off after a birth or adoption, the majority of parents do not take time off because they cannot afford to do so, or are ineligible for federal leave benefits. Additionally, economic barriers combined with cultural and societal biases have kept fathers from taking adequate time off to prepare for and welcome a new child. According to a National Department of Labor study, nearly 70% of men took ten days of leave or less, leaving the other parent to manage the household responsibilities and care for the family. As part of its commitment to promoting wellbeing for all staff, including employees expecting the birth or adoption of children, City staff propose a paid parental leave benefit added to the Time Away From Work section of the Employee Handbook. The proposed paid benefit is available to all parents, including the birthing mother and non-birthing partner. The City believes that everyone, regardless of gender, should be able to take time away from their jobs to care for their families without facing financial hardship or workplace discrimination. This benefit supports the City's commitment to equity and inclusion and breaks down current barriers for parents and families. Financial Or Budget Considerations The parental leave benefit will be absorbed by the City's current salary and benefit budget. Recommended Action Motion to adopt Resolution No. 21-17 amending employee handbook City Council Regular Meeting Executive Summary 2 City of Golden Valley April 6, 2021 Supporting Documents • Resolution No. 21-17 Adopting Amendment to Employee Handbook (1 page) • Pregnancy and Parental Leave Policy (2 pages) RESOLUTION NO. 21-17 RESOLUTION ADOPTING AMENDMENT TO EMPLOYEE HANDBOOK WHEREAS, a completely revised Employee Handbook was adopted by Resolution 11-81 on December 20, 2011 and dated January 1, 2012; amended by Resolution 12-24 on March 20, 2012; amended by Resolution 12-100 on December 18, 2012; amended by Resolution 13-65 on July 16, 2013; and amended by Resolution 17-19 on April 20, 2017; and amended by Resolution 17-85 on December 17, 2017; and amended by Resolution 18-87 on December 18, 2018; and amended by Resolution 19-75 on December 17, 2019; and amended by Resolution 20-81 on December 15, 2020; and WHEREAS, the Employee Handbook has been revised to include updated policies and procedures, including employee benefits, complying with state and federal laws, and updated language to reflect advice of legal counsel in a manner that involves providing employees with an updated handbook; and WHEREAS, the above-referenced amendments will become effective as of April 7, 2021. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that the amendments to the "City of Golden Valley Employee Handbook" dated January 1, 2021 is hereby adopted, and the revised policies supersede all previously adopted policies and procedures except those contained in approved union contracts. Adopted by the City Council of Golden Valley, Minnesota this 6t" day of April, 2021. Shepard M. Harris, Mayor ATTEST: Theresa J. Schyma, City Clerk Pregnancy and Parenting Leave Employees who work 20 hours or more per week and have been employed more than one year are entitled to take an unpaid leave of absence of up to twelve weeks under the Pregnancy and Parenting Leave Act of Minnesota for the birth or adoption of a child. Further, in the case of a female employee, the leave may be used for prenatal care, or incapacity due to pregnancy, childbirth, or related health conditions. In the case of leave taken in conjunction with a birth or adoption, the leave must begin within 12 months of the birth or adoption. While on Pregnancy and Parenting Leave, Family Medical Leave Act (FMLA) will run concurrently. The total time off for any parental, pregnancy or FMLA leave will not exceed 12 weeks, unless expressly approved by the City Manager. Eligible employees, defined as a biological parent, an adoptive parent, or the spouse of a biological or adoptive parent, who are regularly scheduled employees, employed for a minimum of six consecutive months, are entitled to Paid Parental Leave up to three weeks (120 hours) of paid leave. The paid parental leave benefit will not be deducted from the employee's accrued sick/vacation/comp/PTO benefits. * Regularly scheduled employees include employees working 40 hours per week and part-time benefit eligible employees. Full-Time/Regular employees are eligible for the full 120 hours of paid leave, and part-time/regular employees are eligible for a pro-rated number of Paid Parental Leave hours according to their budgeted Full-Time Equivalent (FTE) status. Paid leave may be taken within 12-months following the birth or adoption of a child. Eligible full-Time employees must use paid parental leave in eight-hour increments. Eligible three- quarter time employees must use paid parental leave in six-hour increments. Eligible part- time/regular employees must use paid parental leave in four-hour increments. Unless there are extenuating circumstances, in which case City Manager approval will be required. The Paid Parental Leave will run concurrently with all other leaves available to the employee, including FMLA and Short Term Disability, and any other leaves available under existing federal and state laws. The paid parental leave must be requested and used within 12 months of the qualifying event or the opportunity to request and/or use the leave will be forfeited. In the case where the child must remain in the hospital longer than the mother, the leave must begin within 12 months after the child leaves the hospital. Adoptive parents will be given the same opportunities for leave as biological parents. As required by state law, the leave must be for the purpose of arranging the child's placement or caring for the child after placement. Such leave must be requested and used before or within 12 months of the child's placement in the adoptive home. Employees should provide at least 30 days' notice of this leave, when possible, and as much notice as practicable, if not. After the 120 hours of paid parental leave (or prorated equivalent), employees will be required to first use any accrued leave (i.e., paid time-off, sick leave, vacation leave, etc.), before using unpaid leave, at which time the employee may be eligible for leave under the leave donation policy. Group insurance coverage will remain available while the employee is on leave pursuant to the Pregnancy and Parenting Leave Act, but the employee will be responsible for the entire premium except where leave is also FMLA qualifying. For employees on an FMLA absence, employer contributions toward insurance benefits will continue during the FMLA leave absence. The City will not retaliate against employees for exercising their rights under this policy. The employee is entitled to return to work in an equivalent position and at the same rate of pay the employee was receiving prior to commencement of the leave. EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting April 6, 2021 Agenda Item 3. G. Approve Resolution No. 21-18 Authorizing the Revision of Municipal State Aid Street Routes Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, PE, Assistant City Engineer Summary In 1959, the Minnesota Legislature adopted Minnesota State Statute 162.09, which established a Municipal State Aid (MSA) street system for cities with a population of 5,000 or more. The statute outlines criteria for the designation of state-aid routes and limited designations to 20% of the total miles of city streets. It is through this state-aid system designation that cities receive a distribution of the gas tax revenues collected by the state. The annual allotments are distributed to cities based upon the cities' MSA designated mileage and the Average Annual Daily Traffic (AADT) of those streets. Over the last several years, staff has been assessing the City's MSA street system and making revisions where appropriate in an effort to maximize the City's annual allotment. These particular redesignations are in coordination with the City of Minneapolis and St. Louis Park to designate a high- volume portion of Wayzata Boulevard, east of Highway 100. Streets that are included on the MSA system must connect to trunk highways, County State Aid Highway routes or other Municipal State Aid routes; and are typically classified as collectors, carry heavier traffic volumes and connect major points of traffic interest. The streets being considered for addition to the Golden Valley MSA system include a small portion of Winnetka Avenue, 1-394 S Service Road (Wayzata Boulevard), and Highway 100 E Frontage Road/1-394 S Service Road (Wayzata Boulevard). These streets carry a high volume of traffic and adding these streets to the City's MSA system will increase the City's annual allotment. The streets being considered for removal from the Golden Valley MSA system include Olympia Street and Lindsay Street. Olympia Street is a residential street and has a low AADT in comparison to the 1-394 South Frontage Road. Lindsay Street carries AADT similar to most local residential streets in Golden Valley, which is why removal from the MSA system makes sense. City Council Regular Meeting Executive Summary 2 City of Golden Valley April 6, 2021 To be removed from MSA system: 1. Olympia Street (Winnetka Avenue to Douglas Drive): 1.00 miles 2. Lindsay Street (Zane Avenue to Lilac Drive N): 0.27 miles Total Miles Removed = 1.27 miles Miles Currently Undesignated MSA = 0.15 miles Total Miles Available = 1.42 miles To be added to MSA system: 1. Winnetka Avenue (1-394 S Service Road (Wayzata Boulevard) to 1-394 N Service Road (Wayzata Boulevard)): 0.06 miles 2. 1-394 S Service Road (Wayzata Boulevard) (General Mills Boulevard to Texas Avenue S): 0.60 miles 3. Highway 100 E Frontage Road/1-394 S Service Road (Wayzata Boulevard) (south City Limits at Douglas Avenue to east City Limits at France Avenue): 0.76 miles Total Miles Added = 1.42 miles Undesignated MSA Mileage = 0.00 miles Recommended Action Motion to adopt the Resolution No. 21-18 Authorizing the Revision of Municipal State Aid Street Routes. Supporting Documents • Location map (1 page) • Resolution No. 21-18 Authorizing the Revision of Municipal State Aid Street Routes (1 page) 110dtl3NNIW JO A110 SllOdtl3NNIW �O All --------------------- f--- - ------- - --- - i o I N aAV 4;ivaZ ' 1 O L SIl0 U --- --------------------------------- ' l al o Ali ; �r � -1 -_IV ul nnopeaw �� -------------------------------- N anfj ajgON a` �. --c- oas as -- . 1 +v N oeln saauan 4VP to 1 --LL'1���' >S „ �aXQI l o Q 21 N a �yauez'- r - Q , c9 'a3 N 1 - W g LL o OI s z (n Vol —IN as sei n �i ♦ N a s If5noa � ♦ � 11`"� i m�iy�, a 1 ♦� 1 \ > S-- Nj i1 <,. pi old Sand I Ri J�I�SCIUe O it 1 JI 1 i F �1 1 E, 1 ,b♦ V I 1 , _T oo ! (�i♦♦ �1 n i ° eueisino-I' -------J N aAV epe } i A.J \ Ui >1 \ i 61 _ 1 'O\ 1 LI 1 z > ! oo,Ii4lottit, _N_any d i 1 o 2 1 1 1 ue s\�p LIN 1 j - � l' 1 1 1 < m �j N and eMlauUIM r N and elj;auulm S an -�-=-. `� b ejf�auuiM z1 al •� � fir, i s zl 1 �1 01 NI UISUo IM o a RESOLUTION NO. 21-18 RESOLUTION AUTHORIZING THE REVISION OF MUNICIPAL STATE AID STREET ROUTES WHEREAS, the City Council has the power and authority, pursuant to Minnesota Administrative Rules 8820.08, to designate Municipal State Aid Streets; and WHEREAS, it appears that the existing Municipal State Aid Street Routes should be updated to reflect the current traffic patterns on the City's street system. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley to authorize the revision of the City's Municipal State Aid Street Routes as follows: To be removed from MSA system: 1 . Olympia Street (Winnetka Avenue to Douglas Drive) 2. Lindsay Street (Zane Avenue to Lilac Drive N) To be added to MSA system: 1 . Winnetka Avenue (1-394 S Service Road (Wayzata Boulevard) to 1-394 N Service Road (Wayzata Boulevard)) 2. 1-394 S Service Road (Wayzata Boulevard) (General Mills Boulevard to Texas Avenue S) 3. Highway 100 E Frontage Road/1-394 S Service Road (Wayzata Boulevard) (south City Limits at Douglas Avenue to east City Limits at France Avenue) Adopted by the City Council of Golden Valley, Minnesota this 6t" day of April 2021 . Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk EXECUTIVE SUMMARY Human Resources 763-593-3989 / 763-593-8109 (fax) Golden Valley City Council Meeting April 6, 2021 Agenda Item 3. H. Approve Resolution No. 21-19 Appointing a Tree Inspector Prepared By Kirsten Santelices, Deputy City Manager/Human Resources Director Summary Minn. Stat. § 89.63 states that the governing body of a municipality may appoint a qualified tree inspector. During the recent review of job descriptions, staff discovered that the City Forester is the best position for such appointment. Though the City Manager oversees hiring decisions, the Tree Inspector is an appointed position by the City Council. Staff recommends that the City Council approve a resolution to appoint the position of City Forester as the Tree Inspector. Financial Or Budget Considerations NA Recommended Action Motion to approve Resolution No. 21-19 Appointing a Tree Inspector Supporting Documents • Resolution No. 21-19 RESOLUTION 21-19 RESOLUTION APPOINTING CITY TREE INSPECTOR WHEREAS, the City of Golden Valley, Minnesota (the "City") is a statutory Plan B City organized pursuant to Minn. Stat. § 412.681 , and WHEREAS, the City operates under a Council-Manager form of government wherein the City Council delegates the administrative duties, including hiring decisions, to the City Manager; and WHEREAS, Minn. Stat. § 89.63 states that the governing body of a municipality may appoint a qualified tree inspector; and WHEREAS, the City has a professional qualified arborist as an employee in the role of City Forester. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that the individual holding the title of City Forester is also hereby appointed to serve as the City Tree Inspector effective from this date forward. Adopted by the City Council this 6th day of April, 2021 . Shepard M. Harris, Mayor ATTEST: Theresa J. Schyma, City Clerk EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting April 6, 2021 Agenda Item 4. A. Public Hearing and Consideration of Ordinance No. 708, Approval of Major PUD Amendment, Carousel Auto PUD No. 95, Amendment#4—9191, 9393, 9595 Wayzata Boulevard Prepared By Myles Campbell, Planner Summary Twin City Automotive, LLC; dba Carousel Motor Group, is applying for a Major PUD Amendment to their existing dealership location at 9191 Wayzata Boulevard, and the vehicle storage lot at 9393 Wayzata Boulevard. The amendment would allow for multiple modifications to both the North and South Lot, including: • Converting an existing structure on the northern lot currently used for Porsche & Audi operations into a new Ferrari dealership location. • A reduction in parking setbacks to 10 ft. from the property line on both the north and south lots from Wayzata Boulevard. • A reduction in the rear setback for parking areas on the southern inventory lot to 10 ft. from 50 ft. • A reconfiguration of parking on the southern inventory lot, and the relocation of an existing stormwater pond in the southwest portion of the lot to the northeast corner, in order to facilitate additional parking spaces for vehicle inventory. • The addition of a second curb cut onto Wayzata Boulevard from the southern inventory lot, in order to facilitate the unloading of transport carriers on the storage lot. • An expansion of the existing Audi dealership building within the PUD by 5,650 sq. ft. to expand the existing service facilities. This would not cause an increase in site impervious coverage. • A new 260 sq. ft. accessory building on the northern lot for the storage of Electric Vehicle Batteries. Additional details on each of these requests will be provided with this memo in the evaluation section, however for a full review of the proposal, staff recommends Council Members consult the original memo to Planning Commission and the minutes from that meeting. Both go into greater detail than this executive summary on each item individually. Background & Existing Conditions PUD #95 was established in October 2001, originally allowing for two dealership buildings (Audi and Porsche) on the northern lot, with associated parking. Originally, the southern lot was included in the PUD but was not developed upon. Amendment#1 was passed in March 2002 and allowed for the City Council Regular Meeting Executive Summary 2 City of Golden Valley April 6, 2021 development of the southern lot. This development included the creation of the initial vehicle storage area and the existing stormwater retention pond on the south lot. In April of 2014, Amendment #2 was approved by the City Council. This amendment allowed for an expansion of the Porsche dealership, providing additional service bays and employee offices. It also allowed for a reduction in total parking on the site in order to facilitate the building expansion. However, this Amendment and expansion was never acted upon by the applicant. Instead, Amendment#3 was approved later that year in September. This Amendment allowed for the construction of a new Porsche dealership facility in the western portion of the main lot, and required a reconfiguration of the total parking provided in order to accommodate the new construction. The former Porsche dealership building was maintained on site for reuse as an internal operations facility for both the Porsche and Audi dealerships. As of today, Amendment#3 represents the last significant change to the sites' functionality and layout. Both lots in the PUD have an underlying zoning of commercial, and are guided similarly in the 2040 Comprehensive Plan of the City. The combined sites are approximately 9.9 acres total, with 74.8%of that area being considered impervious surface in its current configuration. Stormwater is managed on-site with two existing stormwater surface ponds, one on the northern lot and one on the south lot. In the staff reports regarding Amendment#3 in 2014, it was noted there were 577 spaces provided between the two lots, 67 on the south and the remaining 510 split between the three buildings on the main lot. Interim modifications to the eastern portion of the parking lot near the retention pond has brought that existing total to 590 spaces today. Three drives provide access to the northern lot off Wayzata, while a single access is provided to the south storage lot. The three buildings on-site vary in size. The smallest is the former Porsche dealership and proposed Ferrari dealership with a building footprint of 12,994 sq. ft. The Audi dealership is currently 37,360 sq. ft. and the Porsche dealership is 24,240 sq. ft. Evaluation In evaluating the proposed amendment to the PUD, staff has examined each item in relation to its deviation from the written zoning code, and from previous approvals in place for the site. Given the longstanding history of the PUD within the City, staff feels it is critical to maintain consistency in its evaluation over different amendments, and consistency with the intents and purpose of the Planned Unit Development code itself which reads: It is the intent of this section to provide an optional method of regulating land use which permits flexibility from the other provisions of the City Code, including flexibility in uses allowed, setbacks, height, parking requirements, number of buildings on a lot, and similar regulations in exchange for public benefit in the form of amenities. (Section 113-123 (a)) This secondary consideration of the public benefit is also important to bear in mind while evaluating the proposed amendment, as it is true for a new PUD and for an amendment. The City has broad jurisdiction to weigh the impacts of a proposed change in the use of a property with potential benefits such as improved landscaping, public art installations, or items that are in line with other goals of the Comprehensive Plan, such as sustainability or the provision of affordable housing. City Council Regular Meeting Executive Summary 3 City of Golden Valley April 6, 2021 Setbacks As a PUD, the City can offer flexibility from the regular setback requirements of the underlying zoning district so long as it benefits both the applicant and the city and that the flexibility, either for a lesser or greater setback, is based upon the site conditions, the uses present, and the natural amenities of the site. The following table summarizes how closely the typical setback requirements of the Commercial Zoning District and Off-Street Parking section are met under the current proposal: Conventional Zoning Carousel Motor Group PUD 95—Amendment#4 North Lot Front Setback for Off-street 35' minimum 10'(Porsche), 17' (Audi), 35' Parking (Landscaped Buffer) (Ferrari) (existing) 10' (proposed) South Lot Front Setback for Off-street 35' minimum 19' (existing) Parking (Landscaped Buffer) 10' (proposed) Rear Setback from a 25' minimum (half the 50' (existing) Residential Zoned Property building setback of 50') 10' (proposed) The proposed PUD amendment would require setback flexibility from the City Code in the following ways: 1) The proposal reduces the required 35' landscaped buffer between parking areas and the front property line to 10'. This change would affect the lots on both sides of Wayzata. This reduction would affect the entire frontage of the lots, although in portions the setback has already been reduced to 10', specifically in front of the new Porsche dealership. The most drastic impact here would be for the future Ferrari dealership, where the existing setback is the standard 35' from the lot line, representing a 25' deviation from the zoning requirement. 2) The proposal significantly reduces the existing rear setback of the South lot from 50' to 10'. In conjunction with a street setback reduction, this would allow a significantly lager paved area to allow for parking, and the unloading of vehicles on the South lot. Code typically requires that parking areas abutting residential districts to the rear to have a setback of 25', however the greater setback was put in place during Amendment#2 in order to mitigate the impact of the auto storage use on the abutting residential properties. Parking The proposed amendment would expand the provided parking stalls provided on-site beyond the existing 590 spaces. The table below shows the determination of required parking by code, as well as the proposed parking provided as a result of the amendment. Vehicle Parking Parking spaces required for: Proposed— 11,982 sq. ft. Motor Vehicle Sales Showroom (1/1,000 sq. ft.) 12 required City Council Regular Meeting Executive Summary 4 City of Golden Valley April 6, 2021 Outdoor Display Area (1/5,000 sq. ft.) Proposed— 104,921 sq. ft. 21 required Vehicle Service Repair (4 per service bay) Proposed—42 Service Bays 168 required Total Parking Spaces Required 201 spaces Total Spaces Provided North Lot—617 spaces South Lot—179 spaces Bicycle Parking 5%of vehicle parking required Proposed— 796 spaces 40 required 0 proposed 1) The number of parking spaces proposed is in excess of the amount required for employees and customers based on the dealerships' combined showroom and display square footage, in addition to the combined 42 service bays. Given the auto-oriented use, the remaining 595 additional spaces could be utilized for display and inventory storage. Compared to the current parking on-site, 94 new spaces would be added to the North lot, while 112 would be added to the south lot. The amount of parking provided also helps to alleviate staff concerns about the reuse of the eastern building as a new Ferrari dealership as the excess parking should more than make up for any increased parking demand either for employees of the new dealership, or new inventory storage needs. 2) There are currently no dedicated spaces for bicycle parking on site; the proposal does not indicate the addition of any spaces. While staff does not believe that the code-required 40 total bicycle parking spaces are needed, at least a portion of this amount should be provided onsite, especially given that the provision of bicycle parking was highlighted in the applicant's narrative. Staff would be comfortable with half the required bicycle parking spaces, 20, which would likely be used primarily by employees of the three dealerships. Battery Building and Audi Expansion As part of the amendment, two requests are related to new or expanded buildings on-site. One is regarding the provisions of a new 260 sq. ft. Electric Vehicle Battery Storage Building, which would allow for both safe storage and maintenance of these batteries, separate from the existing service facilities. In the Commercial Zoning district, one accessory structure is allowed per lot. The battery building structure as proposed meets the setback, size and separation requirements of the code. One area where flexibility is required is in terms of the building's location. Code requires that "A detached accessory structure 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." In this case, the structure is closer to the western property line abutting the 169/394 on ramp than the Porsche dealership, requiring deviation from the letter of the code. Additionally, this new accessory building will need to be designed to match the exterior treatment of the principal structure, which will be confirmed during the building permit process. City Council Regular Meeting Executive Summary 5 City of Golden Valley April 6, 2021 Secondly, the applicant is requesting a 5,650 sq. ft. addition to the existing Audi dealership. This expansion requires relatively little flexibility from the zoning code. The new expansion would be subject to the City's Architectural and material standards, at least in regard to the fa4ade facing Wayzata Boulevard, however this should not be difficult to achieve given the applicant's desire to match the existing exterior finish of the building. This item will be followed up on during the building permit process. South Lot Reconfiguration As noted in the setbacks section, the most significant deviation from the zoning code concerning the south lot reconfiguration would be the modified rear setback. That said, the lot's new layout would also vary significantly from the typical requirements of our off-street parking and loading requirements concerning internal islands, landscaped buffers, and other design elements. This is to be somewhat expected however, given that this is a vehicle storage lot and the expectation is for vehicles to be stacked for optimal parking efficiency. Given the relocation of the stormwater pond, and modifications to the north pond and lot grading, engineering staff has noted that the stormwater plans submitted by the applicant will need to be reviewed by a number of other outside entities including the Bassett Creek Watershed Management Commission, the Minnesota Pollution Control Agency, and the Minnesota Department of Transportation. This review can occur alongside the permit application process. Engineering staff also note that the stormwater plan as submitted will likely require additional public easements and maintenance agreements, based upon the recommendation of the watershed district. The public seating amenities and trail connection to the new stormwater pond also raise the question of maintenance agreements for these public/private facilities. While beneficial in terms of improving the pedestrian experience, engineering staff note that clear ownership and maintenance agreements for the area would need to be established for them to feel comfortable supporting the amenities. Concerning the introduction of a second curb cut on the South lot, and allowing truck deliveries to occur there, engineering staff had multiple concerns. They noted that the truck turning and circulation diagram provided by the applicant appeared to show very tight maneuvering both within the lot in regard to parked vehicles, and more pressingly, the curb area of the public sidewalks as trucks exited. There were concerns on the margin of error for a delivery vehicle to enter and exit the site without damaging either the vehicles or the publicly owned curb. Additionally, as has been noted, the introduction of vehicle unloading on this site would be a drastic change from the original approval of PUD #95, which stipulated in the ordinance authorizing the PUD that, "The loading and unloading of trucks delivering vehicles to the dealership shall take place on the property located north of Miller Street [now Wayzata Boulevard]." This is in addition to the increased noise impact on properties to the south from trucks loading and unloading on this lot. Engineering preference here is to continue to have loading and unloading occur on the North lot, as stipulated in the original ordinance, given that that site has already been designed to accommodate this traffic. Lighting New lighting is proposed for the remainder of the property, as at the time of Amendment #3, only the lighting in the area around the new construction was updated as part of that approval. For this City Council Regular Meeting Executive Summary 6 City of Golden Valley April 6, 2021 amendment, the applicant is proposing to update all exterior lighting fixtures across the site to be LEDs, as well as to meet the City's updated lighting code. Based on the lighting plan submitted with this amendment, staff has some minor concerns on light trespass and lighting levels on the South lot, the recommendation being that a more detailed lighting plan be made a condition of the amendment's approval. However, the improvements to the lighting on-site is a significant improvement and of public benefit. Landscaping As part of this amendment, a total of 73 trees would be removed, with 67 of those being considered significant under the City's Tree and Landscape Requirements. In order to mitigate the loss of these trees, the applicant has proposed the planting of 81 new trees and 1,468 shrubs, resulting in a net increase in the overall number of trees on the site. Environmental staff noted however, that some trees to be replanted in the plans are located on top of or near existing utility lines, which is not allowed under city code. There was some concern that this may limit the ability of the applicant to actually satisfy the mitigation requirements of the tree and landscape code. In regards to the new landscaping, staff generally noted that it was of a high quality. Large amount of new landscaping is proposed along the Wayzata boulevard corridor, which should help to mitigate the overall loss of greenspace proposed by converting the existing landscaped buffers into display parking. They did recommend that the applicant consider reintroducing landscaping along the south and east sound walls of the south lot. Given the relatively tight amount of resulting greenspace, and existing wall maintenance easements in place, they acknowledged that this would likely not be feasible given the proposed layout of the south lot. Ferrari Dealership At the time of Amendment#3, in which the new Porsche dealership building was approved, Carousel Motor Group represented to both City staff and the Planning Commission that it had no intention of introducing a third dealership to the site utilizing the old building. Instead, they planned to utilize the building to improve internal operations for the existing two dealerships on-site. That being said, staff is not against the idea of utilizing the building for sales once again. In considering the efficiency of land use within the PUD, it makes a large degree of sense to cluster these dealership locations to mitigate impacts such as traffic generation, and stormwater runoff. Concerning parking, the site has more than met the minimum requirements of code, and the calculation of parking did utilize the Ferrari showroom and service bays. In regards to traffic generation, staff is not concerned as this dealership would be the smallest of the three in terms of footprint and therefore employee/customer capacity. In addition, all three dealerships on-site would be considered luxury brands, and as such would be expected to attract similar customers. Rather than introducing a completely new clientele to the site, staff would expect instead that customers would remain largely similar, and shop between dealerships. The applicant has also noted that the majority of business on-site is driven by the Audi dealership, and they expect the Ferrari location to attract a smaller number of consumers and require less storage by comparison. City Council Regular Meeting Executive Summary 7 City of Golden Valley April 6, 2021 Engineering and Fire Safety Considerations As is standard practice for development proposals, plans were reviewed by the City's Engineering Division and the following notes were provided: South Lot Modifications • Staff questioned whether the truck turning movements as provided were adequate to ensure no damage to City owned property such as the curb cut and sidewalks given the very tight radiuses. Their recommendation was to keep all truck traffic limited to the North lot, as previously established in the PUD. • Staff noted that the seating area and trails connecting to the new stormwater pond would require additional details regarding ownership and maintenance responsibilities. Staff also had questions as to the necessity/practicality of a seating area overlooking a stormwater pond. Tree & Landscape Plan • Trees may not be planted on top of or near utilities as shown in some areas of the plan. This fact, combined with the decrease in open space may limit the ability to meet the tree and landscaping numbers proposed in the plan. • Staff recommends that the applicant increase the amount of native grass seeding or low maintenance turf grasses, rather than manicured turf seed or sod, where feasible in the PUD. Storm water Plan • Plans must be reviewed and approved by the Bassett Creek Watershed Management Commission, Minnesota Pollution Control Agency and the Minnesota Department of Transportation. • The proposed pervious pavers to be used in the newly created display areas on the North Lot are located on or near an existing sanitary sewer; City Code requires 25 feet of separation for pervious pavers from these utilities. Staff also has concerns about the long-term maintenance of these pavers, and their effectiveness given colder climates and the City's common soil types. • A stormwater maintenance and chloride management agreement with City would need to be executed, along with additional agreements as recommended by the Watershed District. Resilience and Sustainability Goals • Given that open space (pervious surface area) is decreasing by almost 6%, the proposed public seating and overlook area near the relocated south pond is a very small benefit in comparison to the decreased open space. This is also true for the removal of 72 trees with their corresponding canopies that help improve air quality and stormwater management, and shade impervious areas to cool pavements and mitigate urban heat island effect. • Staff noted that the applicant mentioned a number of sustainability initiative items in the narrative accompanying the PUD Amendment Application, but that they were not included on the plan sets themselves. Further details as to the provision of such items as electric vehicle charging stations and solar panels would need to be provided for them to feel comfortable considering them as public benefits associated with the amendment. The Fire Department reviewed this proposal to ensure that adequate emergency access is achieved on the site and that any public safety concerns are addressed. They had no concerns relating to these issues. City Council Regular Meeting Executive Summary 8 City of Golden Valley April 6, 2021 Discussion at Planning Commission Planning Commission had a complex and thorough discussion of the amendment, and asked a number of questions to both staff and the applicant around the proposed amendments to the PUD. Staff recommends that Council Members review the minutes from that meeting, held on March 8, 2021, for a full overview of the discussion. Commissioners had different reactions to the proposal, however the majority shared staff's concerns and the concerns of abutting St. Louis Park residents, on the proposed improvements to the South lot. Some discussion was also had on the street-facing setbacks along Wayzata Boulevard, which at least one commissioner felt were too drastic a change in this amendment. An additional area of discussion was the management of stormwater, and the preference of engineering staff to maintain above-ground facilities as opposed to underground stormwater detention. The Planning Commission voted (4-2) to support the staff recommendation and conditions, and to forward this Amendment to City Council for review. Staff's recommendation would involve the approval of the PUD amendment for all items in the amendment relating to the North lot, while taking no action on the south lot improvements. To this effect, conditions regarding necessary revisions to the site plan were also recommended by the Planning Commission prior to the formal signing and approval of the PUD permit. Findings In order approve an amendment to a PUD, the City must be able to make the following findings: Quality Site Planning. The PUD plan must be tailored to the specific characteristics of the site and achieve a higher quality of site planning and design than generally expected under conventional provisions of the zoning chapter. The changes proposed to the north lot including the expansion of the Audi building, the new battery storage building and the reuse of the old Porsche dealership for a Ferrari location all fit within the intention of the PUD historically, and do not otherwise unduly impact the natural environment or the provided parking on-site. The reduction to the street side setbacks is significant, however this change is at least partially mitigated by the use of pervious pavers and the addition of new landscaping and public art features within the reduced landscape buffer. The proposed changes to the south lot are a more significant deviation from both the broader zoning code and the original intent of the PUD. The reduction in rear setback would allow for additional parking and space for truck movements, at the cost of increasing the impacts of the storage use on residential properties to the south. Mitigating this impact was the impetus for the increased setback during Amendment#1. In addition, the introduction of trucks unloading is again a significant change in the use of the property and its impact on surrounding ones. While the dealership has had difficulty in keeping truck traffic off of Wayzata Boulevard in the past, City Engineering staff sees no reason why the north lot cannot continue to be used for inventory deliveries, as was conditioned from the original ordinance authorizing the PUD Preservation. The PUD plan must preserve and protect substantial desirable portions of the site's characteristics, open space, and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands, and open waters. City Council Regular Meeting Executive Summary 9 City of Golden Valley April 6, 2021 This amendment as proposed would result in a 5.8% increase in impervious surface across both lots, and drastically increase the hard cover of the south lot specifically. Pervious pavers have been utilized on the North lot to mitigate this change in surface cover; however, concerns have been raised by engineering staff about the proximity of these pavers to City utilities, which may impact their viability. The relocation of the existing stormwater pond on the south lot would need to be reviewed further by the Watershed district during the permitting process; however, it is beneficial that the pond has not been replaced with below-ground stormwater treatment infrastructure. Staff is very supportive of maintaining the surface-level treatment. 72 trees (67 significant) would be removed as part of this proposal, and would be replaced by 81 new trees and 1,468 shrubs. While this would represent a net increase in trees, the existing wooded areas of the south lot would see no meaningful replacement except along Wayzata Boulevard, eliminating a valuable screening tool between this property and the residential properties to the south. In addition, the loss of 67 significant trees will be immediately felt as new trees can take a number of years to begin to grow in and provide positive impacts such as screening and shading. Efficient;Effective. The PUD plan must include efficient and effective use of the land (which includes preservation). The proposed re-use of the former Porsche building makes sense in terms of clustering auto dealership uses and reintroducing sales makes effective use of the existing structure that was originally designed to function as a dealership, albeit smaller than the other locations on the site. Additionally the battery building and Audi expansion similarly allow for expansions in support of the business' operations without increasing impervious surface or creating parking shortfalls. The revised layout of the south lot is efficient in the sense of providing the maximum area possible for the storage of inventory vehicles; however, this expansion comes at the cost of significant open space and a number of mature trees. An increase in the ability to store cars on-site is primarily a benefit to the businesses in the PUD, and while staff would like to support these businesses growth and ability to succeed, it should not come at the cost of City goals in regards to Open Space and Stormwater. Additionally, staff is not convinced that utilizing the south lot for vehicle drop offs is necessary when the north lot has been previously designed and used for such a use. Consistency. The PUD plan must result in development that is compatible with adjacent uses and consistent with the Comprehensive Plan and redevelopment plans and goals. The improvements included in this proposal are intended to improve the operations of the three dealerships on-site. The hope is that these improvements will continue to support the businesses' growth and their ability to meet changing market demands (larger service facility, electric vehicle capacity). The 2040 Comprehensive Plan's Economic Competitiveness chapter highlights as one of its goals "Retain And Expand Existing Job Base: Work to accommodate the needs of existing businesses across industries and to support growth and expansion that is compatible with surrounding neighborhoods." Staff feels that the majority of the proposed changes to the PUD as part of this Amendment are consistent with this goal and its City Council Regular Meeting Executive Summary 10 City of Golden Valley April 6, 2021 objectives. However, portions of the proposed PUD Amendment are counter to some of the objectives listed in the City's Natural Resources and Water Resources Chapters. From Parks & Natural Resources, the goal of "Protect And Enhance Open Spaces And Natural Resources" is partly at odds with the removal of trees and relocation of the stormwater pond, as well as more generally the loss of green space on that lot. Concerning consistency with adjacent uses, staff has little comment on the north lot, being bounded on two sides by highways, and with another large auto dealership to the east. Staff has more concern with the proposed changes to the south lot and their impact upon the residential uses to the south. The reduction of the rear setback, loss of wooded areas, and the introduction of vehicle unloading all represent significant impacts upon the adjacent properties. General Health. The PUD plan must be consistent with preserving and improving the general health, safety, and welfare of the people of the city. The PUD amendment generally preserves the general health, safety, and welfare of the City, with the exception of the previously mentioned impacts on St. Louis Park residents to the south. The applicant is seeking to address the ongoing issue of trucks unloading on Wayzata Boulevard, which is likely the greatest public safety impact currently. The changes proposed on the north lot, including the reduced street setbacks, have been reviewed by City Fire staff who have no concerns in terms of accessing the site in case of emergency. The applicant is also aware of the existing emergency access gate to the Westwood Hills Nature Center, and will ensure that this access is not impacted by the proposed relocation of the south stormwater pond. Meets Requirements. The PUD plan must meet the intent and purpose provisions of Section 113-123 as well as all other provisions. The purpose and intent of the Planned Unit Development code chapter reads, "It is the intent of this section to provide an optional method of regulating land use which permits flexibility from the other provisions of the City Code, including flexibility in uses allowed, setbacks, height, parking requirements, number of buildings on a lot, and similar regulations in exchange for public benefit in the form of amenities." In considering this application, staff feels that the majority of the requested amendments to the PUD are being balanced well by thoughtful public amenities. The updates to site lighting, inclusion of public art and new landscaping are all positive changes for the site, and if more information can be provided by the applicant on their commitment to solar installations and electric vehicle charging stations, these would similarly fit with a number of the City's sustainability goals. However, the changes proposed to the storage lot are significant in their deviation from code and from the original flexibilities and trade-offs provided by the PUD. Limiting truck unloading to the north lot and the 50' rear setback were both put in place as public benefits originally, to balance with the flexibilities of co-locating dealerships and allowing storage on the south lot. The removal of these safeguards not only will cause impacts on the neighbors to the south, but also do not seem to be mitigated or balanced with meaningful amenities, City Council Regular Meeting Executive Summary 11 City of Golden Valley April 6, 2021 other than the public seating area overlooking a stormwater pond and updated lighting, which will need further review for consistency with City regulations. Staff recommends approval of a modified version of Amendment#4 to PUD No. 95, allowing for the proposed changes to the north lot including the Ferrari dealership, Audi expansion, battery building, and reduced street setbacks, and disallowing all requests relating to the south lot, including the reduction in street and rear setbacks, the relocation of the stormwater pond, and the introduction of a new curb cut to allow for truck access. The amendment's approval is subject to the following conditions: 1. The plans for site revisions to 9191, 9393, and 9595 Wayzata Boulevard, and the associated lot to the south of Wayzata Boulevard, submitted January 22, 2021, and subsequently updated to address City comments, shall become a part of this approval. The applicant shall revise the plans so as to: a. Remove the reconfiguration of the south lot, including the relocation of the stormwater pond, the expansion of pavement, and the second curb cut onto Wayzata Boulevard. b. Show and label the access gate and trail along the east property line of the south lot. c. Show and label bicycle parking and vehicle charging stations, as noted below. 2. Applicant shall provide a parking diagram for the north lot that clearly labels parking spaces reserved for customers and employees associated with all three dealerships separately. 3. Applicant shall provide in their site plan at least 20 bicycle parking spaces, in a location accessible for employees and customers to the three dealerships. 4. Applicant shall provide electric vehicle charging stations on-site as part of the PUD Amendment, to be included in a location accessible to each dealership. 5. Applicant shall provide exterior material details on the accessory battery building for review and approval prior to applying for a building permit. 6. Applicant shall provide exterior elevations and architectural and material information for the Audi dealership addition, conforming with the City's standards, for review and approval prior to applying for a building permit. 7. Applicant shall provide a revised lighting plan that addresses the outstanding questions around light trespass on both lots and lighting levels on the south lot, addressing how hours of illumination and curfew lighting will be handled. 8. Applicant shall adjust their tree and landscape plan as directed by City Engineering staff to avoid conflicts with underground utilities across the sites. 9. The loading and unloading of trucks delivering vehicles to the dealership shall take place on the property located north of Wayzata Boulevard and shall not take place on the south lot or within the public right-of-way. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Applicant Alternative Following the informal hearing at Planning Commission, and the recommendation of that body to take no action regarding the proposed improvements to the south lot, the applicant did reach out to staff to submit an alternative for consideration by the City Council. Specifically, the revisions addressed one of City Council Regular Meeting Executive Summary 12 City of Golden Valley April 6, 2021 the major staff concerns for the south lot—the reduction of the rear setback. In this revision, the setback would be reduced from 50' to 25' instead of the originally requested 10' setback, allowing for some additional tree preservation and a reduction in the overall increase in impervious surface. The narrative addressing this alternative and a revised tree and landscape plan submitted by the applicant were included with this memo for your review. The change in the rear setback is a significant step in the right direction in staff's limited amount of review, however it does not address all concerns raised by Engineering staff regarding the south lot. Specifically, the applicant still shows the added second curb cut, and proposes to still use this south lot for trucks to unload vehicle inventories. Engineering continues to have concerns about potential damage to City sidewalks and the ability for trucks to turn inside the lot. Their preference remains to keep the current requirement from the PUD limiting deliveries to the north lot. This is also in line with comments from the public being concerned about noise from truck deliveries on the south lot. Staff's recommendation to City Council with regard to Amendment#4 of PUD No. 95 reflects the original submission by the applicant, which has been more thoroughly reviewed and vetted by City staff and which has been heard before the City's Planning Commission. That said, the City Council could choose to consider this revision by the applicant. In this case, staff would recommend tabling the Amendment, and have it return to Planning Commission for another round of review at that body. This would also allow staff additional time to review and to request information that is impacted by this change, such as parking counts and impervious surface percentages. Next Steps Following action and potential approval by the City Council, a number of revisions to the plans would need to be made and submitted to staff for review. An amended PUD Permit, referencing these plans, would be considered at a future City Council meeting. Financial Or Budget Considerations None Recommended Action Motion to adopt Ordinance No. 708, Approval of Major PUD Amendment, Carousel Auto PUD No. 95, Amendment #4, with the modifications noted above. Motion to adopt Resolution No. 21-20, Approving Summary Publication of Ordinance No. 708. Supporting Documents • Memo to the Planning Commission dated March 8, 2021 (17 pages) • Minutes of the Planning Commission meeting dated March 8, 2021 (10 pages) • Project Narrative (12 pages) • Plans prepared by Baker Associates dated January 22, 2021 (14 pages) • Additional Materials dated March 26, 2021 (5 pages) • Ordinance No. 708, Approval of Major PUD Amendment, Carousel Auto PUD No. 95, Amendment #4 (3 pages) • Resolution No. 21-20 Approving Summary Publication of Ordinance No. 708 (1 page) city 0 golden MEMORANDUM valley Physical Development Department 763-593-8095/763-593-8109 (fax) Date: March 8, 2021 To: Golden Valley Planning Commission From: Myles Campbell, Planner Subject: Informal Public Hearing—Carousel Auto PUD No. 95, Amendment#4—9191, 9393, 9595 Wayzata Boulevard Property address: 9191, 9393, 9595 Wayzata Blvd Property owner: TCA REAL ESTATE LLC Applicant: Carousel Motor Group Lot size: 8.58 acres (north), 1.33 acres (south) Zoning district: Commercial (C) Future land use: Commercial Current use: Auto Dealership & Inventory Storage Proposed use: Same Adjacent uses: Highway/Interstate (north and west); Car dealership (east); Westwood Hill Nature Center (southeast); residential (south) 'r iro I11 a. 0 s n u • .� Bey' yy 2020 aerial photo(Hennepin County) 1 Summary Twin City Automotive, LLC; dba Carousel Motor Group, is applying for a Major PUD Amendment to their existing dealership location at 9191 Wayzata Boulevard, and the vehicle storage lot at 9393 Wayzata Boulevard. The amendment would allow for multiple modifications to both the North and South Lot, including: • Converting an existing structure on the northern lot currently used for Porsche &Audi operations into a new Ferrari dealership location. • A reduction in parking setbacks to 10 ft. from the property line on both the north and south lots from Wayzata Boulevard. • A reduction in the rear setback for parking areas on the southern inventory lot to 10 ft. from 50 ft. • A reconfiguration of parking on the southern inventory lot, and the relocation of an existing storm water pond in the southwest portion of the lot to the northeast corner, in order to facilitate additional parking spaces for vehicle inventory. • The addition of a second curb cut onto Wayzata Boulevard from the southern inventory lot, in order to facilitate the unloading of transport carriers on the storage lot. • An expansion of the existing Audi dealership building within the PUD by 5,650 sq. ft. to expand the existing service facilities. This would not cause an increase in site impervious coverage. • A new 260 sq. ft. accessory building on the northern lot for the storage of Electric Vehicle Batteries. Background and Existing Conditions PUD #95 was established in October 2001, originally allowing for two dealership buildings (Audi and Porsche) on the northern lot, with associated parking. Originally, the southern lot was included in the PUD but was not developed upon. Amendment#1 was passed in March 2002 and allowed for the development of the southern lot. This development included the creation of the initial vehicle storage area and storm water retention pond. In April of 2014, Amendment#2 was approved by the City Council. This amendment allowed for an expansion of the Porsche dealership, providing additional service bays and employee offices. It also allowed for a reduction in total parking on the site in order to facilitate the building expansion. However, this Amendment and expansion was never acted upon by the applicant. Instead, Amendment#3 was approved later that year in September. This Amendment allowed for the construction of a new Porsche dealership facility in the western portion of the main lot, and required a reconfiguration of the total parking provided in order to accommodate the new construction. At the time, the applicant stated the cost for the new build would be similar to the expansion planned to the Porsche building as part of Amendment#2. The existing Porsche dealership building was maintained on site for reuse as an internal operations facility for both the Porsche and Audi dealerships, and at the time the applicant stated they had no plans or intentions to use the building for sales or a new dealership. 2 As of today, Amendment#3 represents the last significant change to the sites' functionality and layout. Both lots in the PUD have an underlying zoning of commercial, and are guided similarly in the 2040 Comprehensive Plan of the City. The combined sites are approximately 9.9 acres total, with 74.8% of that area being considered impervious surface in its current configuration. Storm water is managed on-site with two existing storm water surface ponds, one on the northern lot and one on the south lot. At the time of Amendment#3 approval in 2014, the accompanying staff report for the Final PUD Plan noted there were 577 spaces provided between the two lots, 67 on the south and the remaining 510 split between the three buildings on the main lot. Interim modifications to the eastern portion of the parking lot near the retention pond has brought that existing total to 590 spaces today. Three drives provide access to the northern lot off Wayzata, while a single access is provided to the south storage lot. The three buildings on-site vary in size. The smallest is the former Porsche dealership and proposed Ferrari dealership with a building footprint of 12,994 sq. ft. The Audi dealership is currently 37,360 sq. ft. and the Porsche dealership is 24,240 sq. ft. • � � p I /may, nor t CAROUSEL AUTOMOBILES01 fJ b '$P'V Y} � 1� e8 y - LOT 1 .../y lY I • n } e .wrr.��.sr ' ar e - r 9191-9595 Wayzata- PUD#95- Existing Conditions 3 Proposal The PUD amendment before the City would allow for a number of modifications to both the North and South lots within the PUD. North Lot Modifications For the North lot, the applicant is seeking ' changes relating to the parking lots setbacks from Wayzata, the introduction of a new battery storage building, an addition to the existing Audi dealership, and to introduce a r { new dealership to the site, utilizing the - former Porsche dealership building that was left on the site in Amendment#3 of the PUD. __. The proposed reduction in setbacks would affect the entirety of the frontage along Wayzata Boulevard, with the applicant requesting that the setback for parking areas be set to 10' from the property line. By code, the city typically requires a minimum of 35' of landscaped buffer area in between the parking area and the front property line. Currently, the existing parking on the North lot varies in distance due to different approvals through each amendment process. 10 feet is the current parking setback amount for the Porsche dealership location, while parking related to the Audi dealership is at its closest point 17 feet, while the original Porsche dealership's parking is still located 35 feet at its closest point to the front lot line. Pervious pavers would be used in the areas closest to Wayzata Boulevard, similar to those previously used in Amendment#3. A 260 square foot Electric Vehicle Battery Storage Building is proposed as part of the amendment, to be located west of the Porsche dealership. The applicant notes that as electric vehicles become more popular and occupy a larger portion of the auto market space, the needs of the dealership to cater to these vehicles has also increased. The battery storage building would allow for improved operations on site concerning the maintenance and provision of such electric vehicles. The applicant is proposing a 5,650 sq. ft. addition to the Audi dealership, expanding the service area for the facility and allowing greater space to intake vehicles. This addition would match the existing exterior treatment of the facility, and is replacing existing impervious surface on the site, such that it would not introduce new hardcover. The resulting footprint of the building would become 43,010 sq. ft. At the time of the PUD's third amendment, in which the current Porsche dealership building was approved, the applicant noted both in meeting with the Planning Commission and in a letter to the Community Development Director that the intention of Carousel Motor Group was to utilize this building in regards to its service and internal operations, and not as an additional sales facility. The 4 current language of the PUD concerning permitted uses states, "Development shall be limited to not more than three buildings for the automobile service and outside display of vehicles." While this language is somewhat gray in regard to the use of the former Porsche dealership, the change in use to an active dealership certainly has impact in regard to the site's parking requirements, and traffic generation overall. South Lot Modifications For the southern lot, the applicant is requesting a �• number of modifications to •` w' IIIKr allow for greater amounts of vehicle storage as well as to facilitate truck unloading, as .+e LOT 1 r. opposed to on the north lot. The applicant is requesting a 1.00 r 1 n'I• a reduction in the rear setback amount from the existing 50 feet to 10 feet. Typically, City •,,,�,��,�-" . . . code requires that * commercial parking areas carry one-half the required rear setback for a building, which for a commercial property abutting a residential one would be half of 50 feet, or 25. In this case, the greater setback was approved as part of Amendment#1 to the PUD, which allowed for development of the South Lot, and was put in place in order to mitigate the impacts of the storage lot on the residential neighborhood to the South. Because of the reduced setback and parking location, a number of existing mature trees in between the existing parking lot and a sound wall would need to be removed. The applicant is also requesting to relocate an existing storm water pond located on-site in order to open up more space for stacked parking. The pond would be relocated to the northeast corner of the south lot, and would include some additional amenities such as landscaping and a sitting area overlooking the storm water pond. As a result of the relocation, a number of trees currently providing screening would also be removed from the south lot. Finally, the applicant is requesting a second curb cut to provide access to the south lot, in order to provide trailer trucks the ability to pull through on to the lot and unload vehicles. Previously, the conditions of the original PUD approval have required that all vehicle unloading related to the businesses within the PUD take place on the Northern lot, in order to avoid disruptions to traffic along Wayzata, and later to limit the noise impact on residential properties to the south with the development of the storage lot. Trucks would enter from the existing access drive, and then exit onto Wayzata from the new street access. 5 Additional Changes & Public Benefits In addition to the above modifications to both the North and South lots within the PUD, the applicant is also proposing a number of additional improvements to the site. This is consistent with the City's PUD requirements that flexibility from the requirements of code be balanced with the provision of public benefit and amenities. As part of the proposal, the applicant is planning to update site lighting to LED fixtures over both lots, and in accordance with the City's Outdoor Lighting regulations. The lighting elements around the Porsche building were improved to these standards as part of Amendment#3 in 2014. Additionally, the proposal includes a number of sculptures, located near the drive accesses for the Audi and future Ferrari dealerships, as well as in the area of the relocated storm water pond on the south lot. The public art pieces would provide some visual interest along Wayzata Boulevard, as well providing a small amount of screening from the roadway and public trails. In the area around the relocated storm water pond on the south lot, the applicant is proposing to create a viewing area, including new landscaping, a trail connection to the public sidewalk, one of the aforementioned sculptures, and a pair of benches for resting. In their narrative accompanying the PUD amendment, the applicant also notes an interest in providing Bicycle parking at each dealership, electric vehicle charging stations, as well as new solar panels on both the Audi and Ferrari dealerships. However, these amenities are not reflected in any of the site plan documents provided with the amendment application, and as such would need to be further developed to be considered as amenities when evaluating the amendment's approval. Community Engagement In light of current COVID restrictions, a virtual neighborhood meeting was held on March 1 in place of an in-person meeting as is typically required by City Code for a Major PUD Amendment. Roughly a dozen residents from Saint Louis Park and one staff person representing the Westwood Hills Nature Center were on the call. Residents expressed a number of concerns, primarily focused on the proposed modifications to the Southern lot. Multiple residents raised concerns regarding the loss of vegetation that currently provides additional screening from both lots beyond the 12 ft. sound wall that currently separates the neighborhood from the storage lot. Additional concerns were raised over the introduction of large trucks unloading on the lot, and that modifying the storm water pond might impact flooding for nearby homes. Staff from Westwood Hills noted the presence of an emergency access gate just to the north of the south lot property used by police and other emergency response teams to access areas of the Nature Center. Staff requested that any landscaping or trail improvements in that area as shown by the applicant would not impact the use of that gate in emergency situation. 6 Evaluation In evaluating the proposed amendment to the PUD, staff has examined each item in relation to its deviation from the written zoning code, and from previous approvals in place for the site. Given the longstanding history of the PUD within the City, staff feels it is critical to maintain consistency in its evaluation over different amendments, and consistency with the intents and purpose of the Planned Unit Development code itself which reads: It is the intent of this section to provide an optional method of regulating land use which permits flexibility from the other provisions of the City Code, including flexibility in uses allowed, setbacks, height, parking requirements, number of buildings on a lot, and similar regulations in exchange for public benefit in the form of amenities. (Section 113-123 (a)) This secondary consideration of the public benefit is also important to bear in mind while evaluating the proposed amendment, as it is true for a new PUD and for an amendment. The City has broad jurisdiction to weigh the impacts of a proposed change in the use of a property with potential benefits such as improved landscaping, public art installations, or items that are in line with other goals of the Comprehensive Plan, such as sustainability or the provision of affordable housing. Setbacks As a PUD, the City can offer flexibility from the regular setback requirements of the underlying zoning district so long as it benefits both the applicant and the city and that the flexibility, either for a lesser or greater setback, is based upon the site conditions, the uses present, and the natural amenities of the site. The following table summarizes how closely the typical setback requirements of the Commercial Zoning District and Off-Street Parking section are met under the current proposal: Conventional Zoning Carousel Motor Group PUD 95 —Amendment#4 North Lot Front Setback for Off-street 35' minimum 10'(Porsche), 17' (Audi), 35' Parking (Landscaped Buffer) (Ferrari) (existing) 10' (proposed) South Lot Front Setback for Off-street 35' minimum 19' (existing) Parking (Landscaped Buffer) 10' (proposed) Rear Setback from a 25' minimum (half the 50' (existing) Residential Zoned Property building setback of 50') 10' (proposed) The proposed PUD amendment would require setback flexibility from the City Code in the following ways: 7 1) The proposal reduces the required 35' landscaped buffer between parking areas and the front property line to 10'. This change would affect the lots on both sides of Wayzata. This reduction would affect the entire frontage of the lots, although in portions the setback has already been reduced to 10', specifically in front of the new Porsche dealership. The most drastic impact here would be for the future Ferrari dealership, where the existing setback is the standard 35' from the lot line, representing a 25' deviation from the zoning requirement. 2) The proposal reduces the existing rear setback of the South lot from 50' to 10'. Code typically requires that parking areas abutting residential districts to the rear to have a setback of 25', however the greater setback was put in place during Amendment#2 in order to mitigate the impact of the auto storage use on the abutting properties. Parking As discussed above, there are existing nonconformities with respect to the number of parking spaces currently on site, as well as the number of bicycle parking spaces. The proposed expansion does increase the number of parking stalls in order to accommodate increases in the number patients, staff, and visitors, but overall the ratio would remain below what current code requires. Vehicle Parking Parking spaces required for: Proposed— 11,982 sq. ft. Motor Vehicle Sales Showroom (1/1,000 sq. ft.) 12 required Outdoor Display Area (1/5,000 sq. ft.) Proposed— 104,921 sq. ft. 21 required Vehicle Service Repair (4 per service bay) Proposed—42 Service Bays 168 required Total Parking Spaces Required 201 spaces Total Spaces Provided North Lot—617spaces South Lot—179 spaces Bicycle Parking 5% of vehicle parking required Proposed—796 spaces 40 required 0 proposed 1) The number of parking spaces proposed is well in excess of the amount required for employees and customers based on the dealerships combined showroom and display square footage, in addition to the combined 42 service bays. Given the auto-oriented use, the remaining 595 additional spaces could be utilized for display and inventory storage. Compared to the current parking on-site, 94 new spaces would be added to the North lot, while 112 would be added to the south lot. The amount of parking provided also helps to 8 alleviate staff concerns about the reuse of the eastern building as a new Ferrari dealership as the excess parking should more than make up for any increased parking demand either for employees of the new dealership, or new inventory storage needs. 2) There are currently no dedicated spaces for bicycle parking on site; the proposal does not indicate the addition of any spaces. While staff does not believe that the code-required 40 total bicycle parking spaces are needed, at least a portion of this amount should be provided onsite, especially given that the provision of bicycle parking was highlighted in the applicant's narrative. Staff would be comfortable with half the required bicycle parking spaces, 20, which would likely be used primarily by employees of the three dealerships. 3) The applicant noted in its narrative a desire to provide electric vehicle charging stations on-site, as they plan to carry more electric vehicles as part of their inventory in the future. While not a requirement of the City's off-street parking code, the provision of EV charging stations is in line with some of the City's sustainability goals and objectives. Staff agrees with the plan to provide these stations on-site, specifically near the new battery building, and at each of the three dealerships. Details on the EV charging stations were not provided with the application plan sets however, and so staff would recommend that more details be provided by the applicant as a condition of approval, so that their installation is committed to. Battery Building and Audi Expansion In the Commercial Zoning district, one accessory structure is allowed per lot, provided it follows a number of regulations regarding its size, location and design. The battery building structure as proposed meets the setback, size and separation requirements of the code. One area where flexibility is required is in terms of the building's location. Code requires that "A detached accessory structure 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." In this case, the structure is closer to the western property line abutting the 169/394 on ramp than the Porsche dealership, requiring deviation from the letter of the code. An additional consideration here is that any accessory structure in the Commercial Zoning District built after a principal structure must be designed to match the exterior treatment of the principal structure. This item will be followed up on during the building permit process. For the Audi dealership expansion, relatively little is required in terms of deviation from the zoning code. The addition would be set further back from the front property line along Wayzata Boulevard than the existing front fa4ade, and would not exceed the height restrictions for principal structures in the Commercial District. The expansion would further not impact the amount of impervious surfaces on site, and while requiring modifications to the parking layout to maintain circulation, no concerns were raised by engineering or fire staff on the impact the expansion would have on drive aisles. The new expansion would be subject to the City's Architectural and material standards, at least in regard to the fa4ade facing Wayzata Boulevard, however this should not be difficult to achieve given the applicant's desire to match the existing exterior finish of the building. This item will be followed up on during the building permit process. 9 South Lot Reconfiguration As noted in the setbacks section, the most significant deviation from the zoning code concerning the south lot reconfiguration would be the modified rear setback. That said, the lot's new layout would also vary significantly from the typical requirements of our off-street parking and loading requirements concerning internal islands, landscaped buffers, and other design elements. This is to be somewhat expected however, given that this is a vehicle storage lot and the expectation is for vehicles to be stacked for optimal parking efficiency. Given the relocation of the storm water pond, and modifications to the north pond and lot grading, engineering staff has noted that the Storm water plans submitted by the applicant will need to be reviewed by a number of other outside entities including the Bassett Creek Watershed Management Commission, the Minnesota Pollution Control Agency, and the Minnesota Department of Transportation. This review can occur alongside the permit application process. Engineering staff also note that the storm water plan as submitted will likely require additional public easements and maintenance agreements, based upon the recommendation of the watershed district. The public seating amenities and trail connection to the new storm water pond also raise the question of maintenance agreements for these public/private facilities. While beneficial in terms of improving the pedestrian experience, engineering staff note that clear ownership and maintenance agreements for the area would need to be established for them to feel comfortable supporting the amenities. Concerning the introduction of a second curb cut on the South lot, and allowing truck deliveries to occur there, engineering staff had multiple concerns. They noted that the truck turning and circulation diagram provided by the applicant appeared to show very tight maneuvering both within the lot in regard to parked vehicles, and more pressingly, the curb area of the public sidewalks as trucks exited. There were concerns on the margin of error for a delivery vehicle to enter and exit the site without damaging either the vehicles or the publicly owned curb. Additionally, as has been noted, the introduction of vehicle unloading on this site would be a drastic change from the original approval of PUD #95, which stipulated in the ordinance authorizing the PUD that, "The loading and unloading of trucks delivering vehicles to the dealership shall take place on the property located north of Miller Street [now Wayzata Boulevard]." This is in addition to the increased noise impact on properties to the south from trucks loading and unloading on this lot. Lighting New lighting is proposed for the remainder of the property, as at the time of Amendment#3, only the lighting in the area around the new construction was updated as part of that approval. For this amendment, the applicant is proposing to update all exterior lighting fixtures across the site to be LEDs, as well as to meet the City's updated lighting code. The City requires for any commercial property that the level of light trespass at any point along the property line to be less than 0.5 foot candles. At a number of points along the northern property line of the north lot, this limit is exceeded, however staff is not overly concerned with this trespass given it abuts an on ramp for I- 394, not another commercial or residential property. Either the trespass can be allowed as part of 10 the PUD, or it can be revised and corrected. The south lot does not have any issue with light trespass based on the plan provided, however no measurements are provided along the south or east property lines. Given that all of the fixtures here have been mounted at 12' in height, the same as the sound wall, additional light testing should be required as a condition of approval to ensure that impacts to surrounding properties are mitigated. An additional requirement applies to auto sales lots, which sets a maximum level of illumination at any point to not exceed 20-foot candles. This measure is met over the entirety of the north lot; however, it is exceeded in numerous locations on the south lot. Illumination levels as high as 33.8 foot candles were measured in the applicant's provided lighting plan, which would either need to be approved as part of the PUD, or revised to meet City standards. Additional details regarding hours of illumination and curfew lighting were not provided, and as such, staff is recommending a more robust lighting plan be made a condition of the PUD approval, which then would allow opportunity to address the trespass and maximum illumination issues. Landscaping As part of this amendment, the applicant has provided both a general landscape plan, as well as three more detailed plans for the areas that will receive the most extensive landscaping work. In addition, the Applicant has also identified those trees slated for removal and those that will be preserved through the course of the redevelopment. As a result of the proposal, a total of 73 trees would be removed, with 67 of those being considered significant under the City's Tree and Landscape Requirements. A significant tree is defined as: A healthy tree not considered a nuisance under City regulations measuring a minimum of six inches in diameter for hardwood deciduous trees, as defined herein, or a minimum of 12 inches in diameter for softwood deciduous trees, as defined herein, or a minimum of four inches in diameter for coniferous trees. All other trees that do not meet this definition are not considered significant. In order to mitigate the loss of these trees, the applicant has proposed the planting of 81 new trees and 1,468 shrubs, resulting in a net increase in the overall number of trees on the site. Environmental staff noted however, that some trees to be replanted in the plans are located on top of or near existing utility lines, which is not allowed under city code. There was some concern that this may limit the ability of the applicant to actually satisfy the mitigation requirements of the tree and landscape code. In regards to the new landscaping, staff generally noted that it was of a high quality. Large amount of new landscaping is proposed along the Wayzata boulevard corridor, which should help to mitigate the overall loss of greenspace proposed by converting the existing landscaped buffers into display parking. They did recommend that the applicant consider reintroducing landscaping along the south and east sound walls of the south lot. Given the relatively tight amount of resulting greenspace, and existing wall maintenance easements in place, they acknowledged that this would likely not be feasible given the proposed layout of the south lot. 11 Ferrari Dealership As previously noted, at the time of Amendment#3, in which the new Porsche dealership building was approved, Carousel Motor Group represented to both City Staff and the Planning Commission that it had no intention of introducing a third dealership to the site utilizing the old building. Instead, they planned to utilize the building to improve internal operations for the existing two dealerships on-site. That being said, staff is not against the idea of utilizing the building for sales once again. In considering the efficiency of land use within the PUD, it makes a large degree of sense to cluster these dealership locations to mitigate impacts such as traffic generation, and storm water runoff. Given that the building itself has previously been approved in terms of its size, setback and location in the original PUD, the principal considerations for the use would be whether there was sufficient parking to support it, and whether the new use would cause an increase in traffic generation. Concerning parking, the site has more than met the minimum requirements, utilizing the Ferrari showroom and service bays in this calculation. In regards to traffic generation, staff is not concerned as this dealership would be the smallest of the three in terms of footprint and therefore employee/customer capacity. In addition, all three dealerships on-site would be considered luxury brands, and as such would be expected to attract similar customers. Rather than introducing a completely new clientele to the site, staff would expect instead that customers would remain largely similar, and shop between dealerships. Engineering and Fire Safety Considerations As is standard practice for development proposals, plans were reviewed by the City's Engineering Division and the following notes were provided: South Lot Modifications • Staff questioned whether the truck turning movements as provided were adequate to ensure no damage to City owned property such as the curb cut and sidewalks given the very tight radiuses. Their recommendation was to keep all truck traffic limited to the North lot, as previously established in the PUD. • Staff noted that the seating area and trails connecting to the new storm water pond would require additional details regarding ownership and maintenance responsibilities. Staff also had questions as to the necessity/practicality of a seating area overlooking a storm water pond. Tree & Landscape Plan • Trees may not be planted on top of or near utilities as shown in some areas of the plan. This fact, combined with the decrease in open space may limit the ability to meet the tree and landscaping numbers proposed in the plan. • Staff recommends that the applicant increase the amount of native grass seeding or low maintenance turf grasses, rather than manicured turf seed or sod, where feasible in the PUD. 12 Storm water Plan • Plans must be reviewed and approved by the Bassett Creek Watershed Management Commission, Minnesota Pollution Control Agency and the Minnesota Department of Transportation. • The proposed pervious pavers to be used in the newly created display areas on the North Lot are located on or near an existing sanitary sewer; City Code requires 25 feet of separation for pervious pavers from these utilities. Staff also has concerns about the long- term maintenance of these pavers, and their effectiveness given colder climates and the City's common soil types. • A storm water maintenance and chloride management agreement with City would need to be executed, along with additional agreements as recommended by the Watershed District. Resilience and Sustainability Goals • Given that open space (pervious surface area) is decreasing by almost 6%, the proposed public seating and overlook area near the relocated south pond is a very small benefit in comparison to the decreased open space. This is also true for the removal of 72 trees with their corresponding canopies that help improve air quality and storm water management, and shade impervious areas to cool pavements and mitigate urban heat island effect. • Staff noted that the applicant mentioned a number of sustainability initiative items in the narrative accompanying the PUD Amendment Application, but that they were not included on the plan sets themselves. Further details as to the provision of such items as electric vehicle charging stations and solar panels would need to be provided for them to feel comfortable considering them as public benefits associated with the amendment. The Fire Department reviewed this proposal to ensure that adequate emergency access is achieved on the site and that any public safety concerns are addressed. They had no concerns relating to these issues. Anticipated Development Timeline Carousel Motor Group hopes to have the PUD amendment approvals in place prior to the beginning of construction season in the Spring. Work on the parking and building additions is expected to start this Spring and carry over into the Summer over an expected period of three months. An anticipated development schedule is included with this memo for Commissioners review. Findings In order approve an amendment to a PUD, the City must be able to make the following findings: Quality Site Planning. The PUD plan must be tailored to the specific characteristics of the site and achieve a higher quality of site planning and design than generally expected under conventional provisions of the zoning chapter. The changes proposed to the north lot including the expansion of the Audi building, the new battery storage building and the reuse of the old Porsche dealership for a Ferrari location all 13 fit within the intention of the PUD historically, and do not otherwise unduly impact the natural environment or the provided parking on-site. The reduction to the street side setbacks is significant, however this change is at least partially mitigated by the use of pervious pavers and the addition of new landscaping and public art features within the reduced landscape buffer. The proposed changes to the south lot are a more significant deviation from both the broader zoning code and the original intent of the PUD. The reduction in rear setback would allow for additional parking and space for truck movements, at the cost of increasing the impacts of the storage use on residential properties to the south. Mitigating this impact was the impetus for the increased setback during Amendment#1. In addition, the introduction of trucks unloading is again a significant change in the use of the property and its impact on surrounding ones. While the dealership has had difficulty in keeping truck traffic off of Wayzata Boulevard in the past, City Engineering staff sees no reason why the north lot cannot continue to be used for inventory deliveries, as was conditioned from the original ordinance authorizing the PUD Preservation. The PUD plan must preserve and protect substantial desirable portions of the site's characteristics, open space, and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands, and open waters. This amendment as proposed would result in a 5.8% increase in impervious surface across both lots, and drastically increase the hard cover of the south lot specifically. Pervious pavers have been utilized on the North lot to mitigate this change in surface cover; however, concerns have been raised by engineering staff about the proximity of these pavers to City utilities, which may impact their viability. The relocation of the existing storm water pond on the south lot would need to be reviewed further by the Watershed district during the permitting process; however, it is beneficial that the pond has not been replaced with below-ground storm water treatment infrastructure. Staff is very supportive of maintaining the surface-level treatment. 72 trees (67 significant) would be removed as part of this proposal, and would be replaced by 81 new trees and 1,468 shrubs. While this would represent a net increase in trees, the existing wooded areas of the south lot would see no meaningful replacement except along Wayzata Boulevard, eliminating a valuable screening tool between this property and the residential properties to the south. In addition, the loss of 67 significant trees will be immediately felt as new trees can take a number of years to begin to grow in and provide positive impacts such as screening and shading. Efficient;Effective. The PUD plan must include efficient and effective use of the land (which includes preservation). The proposed re-use of the former Porsche building makes sense in terms of clustering auto dealership uses and reintroducing sales makes effective use of the existing structure that was originally designed to function as a dealership, albeit smaller than the other locations on the site. Additionally the battery building and Audi expansion similarly allow for expansions in 14 support of the business' operations without increasing impervious surface or creating parking shortfalls. The revised layout of the south lot is efficient in the sense of providing the maximum area possible for the storage of inventory vehicles; however, this expansion comes at the cost of significant open space and a number of mature trees. An increase in the ability to store cars on-site is primarily a benefit to the businesses in the PUD, and while staff would like to support these businesses growth and ability to succeed, it should not come at the cost of City goals in regards to Open Space and Stormwater. Additionally, staff is not convinced that utilizing the south lot for vehicle drop offs is necessary when the north lot has been previously designed and used for such a use. Consistency. The PUD plan must result in development that is compatible with adjacent uses and consistent with the Comprehensive Plan and redevelopment plans and goals. The improvements included in this proposal are intended to improve the operations of the three dealerships on-site. The hope is that these improvements will continue to support the businesses' growth and their ability to meet changing market demands (larger service facility, electric vehicle capacity). The 2040 Comprehensive Plan's Economic Competitiveness chapter highlights as one of its goals "Retain And Expand Existing Job Base: Work to accommodate the needs of existing businesses across industries and to support growth and expansion that is compatible with surrounding neighborhoods." Staff feels that the majority of the proposed changes to the PUD as part of this Amendment are consistent with this goal and its objectives. However, portions of the proposed PUD Amendment are counter to some of the objectives listed in the City's Natural Resources and Water Resources Chapters. From Parks & Natural Resources, the goal of"Protect And Enhance Open Spaces And Natural Resources" is partly at odds with the removal of trees and relocation of the stormwater pond, as well as more generally the loss of green space on that lot. Concerning consistency with adjacent uses, staff has little comment on the north lot, being bounded on two sides by highways, and with another large auto dealership to the east. Staff has more concern with the proposed changes to the south lot and their impact upon the residential uses to the south. The reduction of the rear setback, loss of wooded areas, and the introduction of vehicle unloading all represent significant impacts upon the adjacent properties. General Health. The PUD plan must be consistent with preserving and improving the general health, safety, and welfare of the people of the city. The PUD amendment generally preserves the general health, safety, and welfare of the City, with the exception of the previously mentioned impacts on St. Louis Park residents to the south. The applicant is seeking to address the ongoing issue of trucks unloading on Wayzata Boulevard, which is likely the greatest public safety impact currently. The changes proposed on the north lot, including the reduced street setbacks, have been reviewed by City Fire staff who have no concerns in terms of accessing the site in case of emergency. The applicant is also aware of the existing emergency access gate to the Westwood Hills Nature Center, and will ensure that this access is not impacted by the proposed relocation of the south storm water pond. 15 Meets Requirements. The PUD plan must meet the intent and purpose provisions of Section 113-123 as well as all other provisions. The purpose and intent of the Planned Unit Development code chapter reads, "It is the intent of this section to provide an optional method of regulating land use which permits flexibility from the other provisions of the City Code, including flexibility in uses allowed, setbacks, height, parking requirements, number of buildings on a lot, and similar regulations in exchange for public benefit in the form of amenities." In considering this application, staff feels that the majority of the requested amendments to the PUD are being balanced well by thoughtful public amenities. The updates to site lighting, inclusion of public art and new landscaping are all positive changes for the site, and if more information can be provided by the applicant on their commitment to solar installations and electric vehicle charging stations, these would similarly fit with a number of the City's sustainability goals. However, the changes proposed to the storage lot are significant in their deviation from code and from the original flexibilities and trade-offs provided by the PUD. Limiting truck unloading to the north lot and the 50' rear setback were both put in place as public benefits originally, to balance with the flexibilities of co-locating dealerships and allowing storage on the south lot. The removal of these safeguards not only will cause impacts on the neighbors to the south, but also do not seem to be mitigated or balanced with meaningful amenities, other than the public seating area overlooking a storm water pond and updated lighting, which will need further review for consistency with City regulations. Recommendation Staff recommends approval of a modified version of Amendment#4 to PUD No. 95, allowing for the proposed changes to the north lot including the Ferrari dealership, Audi expansion, battery building, and reduced street setbacks, and disallowing all requests relating to the south lot, including the reduction in street and rear setbacks, the relocation of the stormwater pond, and the introduction of a new curb cut to allow for truck access. The amendment's approval is subject to the following conditions: 1. The plans for site revisions to 9191, 9393, and 9595 Wayzata Boulevard, and the associated lot to the south of Wayzata Boulevard, submitted January 22, 2021, and subsequently updated to address City comments, shall become a part of this approval. The applicant shall revise the plans so as to: a. Remove the reconfiguration of the south lot, including the relocation of the stormwater pond, the expansion of pavement, and the second curb cut onto Wayzata Boulevard. b. Show and label the access gate and trail along the east property line of the south lot. c. Show and label bicycle parking and vehicle charging stations, as noted below. 16 2. Applicant shall provide a parking diagram for the north lot that clearly labels parking spaces reserved for customers and employees associated with all three dealerships separately. 3. Applicant shall provide in their site plan at least 20 bicycle parking spaces, in a location accessible for employees and customers to the three dealerships. 4. Applicant shall provide electric vehicle charging stations on-site as part of the PUD Amendment, to be included in a location accessible to each dealership. 5. Applicant shall provide exterior material details on the accessory battery building for review and approval prior to applying for a building permit. 6. Applicant shall provide exterior elevations and architectural and material information for the Audi dealership addition, conforming with the City's standards, for review and approval prior to applying for a building permit. 7. Applicant shall provide a revised lighting plan that addresses the outstanding questions around light trespass on both lots and lighting levels on the south lot, addressing how hours of illumination and curfew lighting will be handled. 8. Applicant shall adjust their tree and landscape plan as directed by City Engineering staff to avoid conflicts with underground utilities across the sites. 9. The loading and unloading of trucks delivering vehicles to the dealership shall take place on the property located north of Wayzata Boulevard and shall not take place on the south lot or within the public right-of-way. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Attachments PUD #95 Amendment 4, Site Plan Sets (7 pages) PUD #95 Amendment 4, Truck and Display Parking Diagrams (2 pages) PUD #95 Amendment 4, Narrative (12 pages) PUD #95 Amendment 3, Site Plan (1 page) PUD #95 Amendment 3, Planning Commission Minutes from June 9, 2014 (4 pages) Letter to Community Development Director dated May 8, 2014 (1 page) 17 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 March 8,2021—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 7:10 by Chair Blum. Roll Call Commissioners present: Rich Baker, Ron Blum, Adam Brookins Andy Johnson, Noah Orloff, Lauren Pockl, Chuck Segelbaum Commissioners absent: Ryan Sadeghi 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 March 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 22, 2021. MOTION made by Commissioner Baker, seconded by Commissioner Pockl, to approve minutes. Staff called a roll call vote and the motion carried unanimously. 4. Informal Public Hearing— Major PUD Amendment to Carousel Automobiles PUD 95 Address: 9191, 9393, 9595 Wayzata Blvd Applicant: Carousel Motor Group Myles Campbell, Planner, introduced the topic and told the Commissioners that this is amendment#4 to PUD no. 95, this PUD was last amended in 2014. This amendment is considered a major PUD amendment due to the degree of changes and a review from Planning Commission and City Council are required. Both lots in the PUD are zoned Commercial and there are 9.9 acres between the two. 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 March 8, 2021—7 pm Amendment#4 will allow for a number of improvements: • Reintroduces auto sales to the former Porsche building • Expansion of the Audi dealership building • New battery storage building • Reduction in parking setbacks along Wayzata to 10' • Reduction of rear setback on south lot from 50' to 10' • Expansion of south lot parking, requiring relocation of storm water retention pond • Addition of second curb cut off south lot to allow truck traffic While discussing the items and history of the lot, a map was displayed to show what surrounds the location. Campbell gave a history of the PUD and the previous three amendments. The current location has three principal structures on the north site and there are 590 parking spaces, 577 were approved during amendment#3. Over both lots, 74.8%of land is considered impervious, but there is not an upper limit in Commercial Zoning; two storm water ponds currently help to manage surface water run off on-site. Majority of the trees are located on the south lot around the existing storm water pond, the pond on the south lot would need to move as part of the proposal. The south lot is separated from a residential neighborhood and Westwood Hills Nature Center by an existing 12' sound wall. A required neighborhood meeting was held on Monday 1, 2021. The main concerns expressed were: 1. Expansion of the south parking lot requiring the removal of trees that provide additional screening with the sound wall 2. Introduction of trucks unloading on the south lot would have increased noise impacts on the residential neighborhood 3. Concerns about modification to the stormwater pond creating runoff issues for surrounding properties Proposals— North Lot • An expansion of the existing Audi dealership building within the PUD by 5,650 sq. ft. • New 260 sq.ft. accessory building on the northern lot for the storage of Electric Vehicle Batteries. • Both additions require additional review at permitting for consistency with City's Architectural and Material Standards • Re-use the former Porsche Dealership for new Ferrari location • Reduction in the parking setback from Wayzata Boulevard across the site to 10' • Proposal includes pervious pavers within new display areas, as well as some enhanced landscaping along Wayzata Blvd Additional Items • Parking lot reconfiguration • New landscaping added along Wayzata Boulevard to mitigate decrease in parking setback • Sculptures added near drive entrances to the site • Updated LED lighting across the site would respond to the City's "dark skies" requirements City of Golden Valley Planning Commission Regular Meeting March 8, 2021—7 pm Staff Evaluation of North Lot • Battery Building • Closer to property line to the west than any principal structure, which requires some flexibility from code • Exterior Materials must match existing Principal Structures • City supports these types of sustainability measures that are in line with 2040 Comp Plan goals • Audi Addition • Expansion subject to requirements of City's Arch & Material Standards, additional details required prior to permitting • No concerns raised by fire department staff on impact to drive lanes/accesses • Would not increase site impervious surface • Landscaped Buffer between property line and parking reduced to 10' across the north lot • Engineering staff have some concerns about the use of pervious pavers as suggested in the proposal, due to proximity to City's underground utilities • Ferrari Dealership • At the time of Amendment#3,the former Porsche dealership was maintained for internal operations, and Carousel noted to staff and PC that a third franchise would not be added to the property. • Staff is not opposed to reintroducing sales • Staff is not concerned with additional parking required as the site has ample capacity Proposals—South Lot • Reduction in the existing street setback for parking, similar to the north lot • Reduction in the rear parking setback (south) from 50' to 10' • Combined parking setback changes would allow for reconfiguration of the parking to allow for added storage (112 new spaces) • Storm water reconfiguration • Introduction of a second curb cut access for the lot Additional Items • New storm water pond amenities • New landscaping added along Wayzata Boulevard • Updated LED lighting, similar to the north lot improvements, would respond to the City's "dark skies" requirements Staff Evaluation of North Lot • Reduced Setbacks o Changes to the setbacks would allow for large expansion of the parking lot o The 10' rear setback is significantly less than the original 50' setback put in place by the PUD, and is also less than the 25' required by zoning for a commercial parking area abutting residential uses City of Golden Valley Planning Commission Regular Meeting 4 March 8, 2021—7 pm o The rear setback reduction would also result in the loss of a number of trees identified by residents to the south as providing screening above the 12' sound wall • Reconfigured Lot o Staff is concerned with the introduction of trucks unloading on the south lot • Added impervious surface is significant across the south lot, although accounted for with the new storm water pond in terms of runoff • The new amenities around the pond raise question of maintenance and ownership, which would need to be agreed to between the City and the applicant Staff Evaluation —Additional Items • Lighting o Improvements to lighting across both sites are a positive change for the site, a significant investment by the applicant, and a clear public benefit to the proposal o Some outlying questions from review regarding trespass and curfew hours, staff recommends a more thorough lighting plan as a condition of approval • Electric Vehicle Charging Stations o These are described as amenities in the application narrative but not detailed on any of the plan set materials o Not required under zoning, but fitting with City's Sustainability goals from the Comprehensive Plan o Staff is recommending their inclusion at the three dealerships as a condition of approval Additional Considerations from City Engineers • The city limits tree plantings on or around underground utilities as shown in some areas of the plan, this could impact the location and provision of replacement trees along Wayzata Blvd. • Similarly, pervious pavers shown in the plan aren't allowed within 25' of public utilities, which could jeopardize some of their inclusion, and result in additional impervious surface • The proposed landscaping and seating area around the south pond seems like a minor public benefit to balance against a 5.8% increase in impervious surface and the loss of 67 significant trees Recommendation Staff recommends approval of a modified version of Amendment #4 to PUD No. 95, allowing for the proposed changes to the north lot including the Ferrari dealership, Audi expansion, battery building, and reduced street setbacks, and disallowing all requests relating to the south lot, including the reduction in street and rear setbacks, the relocation of the storm water pond, and the introduction of a new curb cut to allow for truck access. The amendment's approval is subject to the following conditions: 1. The plans for site revisions to 9191, 9393, and 9595 Wayzata Boulevard, and the associated lot to the south of Wayzata Boulevard, submitted January 22, 2021, and subsequently updated to address City comments, shall become a part of this approval. The applicant shall revise the plans so as to: City of Golden Valley Planning Commission Regular Meeting 5 March 8, 2021—7 pm a. Remove the reconfiguration of the south lot, including the relocation of the storm water pond, the expansion of pavement, and the second curb cut onto Wayzata Boulevard. b. Show and label the access gate and trail along the east property line of the south lot. c. Show and label bicycle parking and vehicle charging stations, as noted below. 2. Applicant shall provide a parking diagram for the north lot that clearly labels parking spaces reserved for customers and employees associated with all three dealerships separately. 3. Applicant shall provide in their site plan at least 20 bicycle parking spaces, in a location accessible for employees and customers to the three dealerships. 4. Applicant shall provide electric vehicle charging stations on-site as part of the PUD Amendment, to be included in a location accessible to each dealership. 5. Applicant shall provide exterior material details on the accessory battery building for review and approval prior to applying for a building permit. 6. Applicant shall provide exterior elevations and architectural and material information for the Audi dealership addition, conforming with the City's standards, for review and approval prior to applying for a building permit. 7. Applicant shall provide a revised lighting plan that addresses the outstanding questions around light trespass on both lots and lighting levels on the south lot, addressing how hours of illumination and curfew lighting will be handled. 8. Applicant shall adjust their tree and landscape plan as directed by City Engineering staff to avoid conflicts with underground utilities across the sites. 9. The loading and unloading of trucks delivering vehicles to the dealership shall take place on the property located north of Wayzata Boulevard and shall not take place on the south lot or within the public right-of-way. Commissioner Johnson asked if a new dealership was going in and if the requested 200 additional parking spaces were related to that. Campbell responded that the third dealership will be in the original Porsche dealership location but was only used internally from 2014. The spaces are primarily for inventory and vehicles to display. Commissioner Segelbaum asked if there were open concerns with the north lot that the City had not addressed with the applicant. Staff felt more comfortable with the north lot changes and their alignment with the 2040 Comprehensive Plan. The south lot proposed changes will have a greater impact on surrounding communities. Commissioner Baker asked if the city discussed a modified plan for the South lot so they can use the space but not disturb the area closest to the neighborhood. Campbell responded that modifications had not been discussed by staff but those may be suggested by the Planning Commission. Staff and Commissioners discussed particulars around stacked cars, setbacks, and pervious/impervious surface area. The Chair invited the applicant to present. Applicant, Nguyen Hoang, addressed some of the Commissioners early questions regarding a battery building. He discussed the parking space details and said they will be released before City Council. City of Golden Valley Planning Commission Regular Meeting 6 March 8, 2021—7 pm Regarding the electrical concerns, the applicant is still working with their contractor. Some of the specifics are due to regulations with the previous PUD. The dealership needs more parking space to accommodate greater inventory on site. The applicant added that the south lot was originally a more private lot per the PUD and they intend to honor that moving forward. The applicant continued to discuss the stormwater pond plans and setback requests. The applicant added that the 12ft. sound wall is partially on the dealership's property and offers a clear separation from the residential area. The applicant is requesting removal of trees along the wall and asking they are replanted. To mitigate noise, the applicant would like to lock the south lot so transport of cars can occur after hours. The applicant added that while it may not show up now, they are constantly reimagining how to improve the process. Wayne Pisinski, Applicant, added that he went to the neighbors of the south lot and made a commitment o put trees in specific areas to mitigate the sight line concerns they had. He also said he would work with a landscape company to install ornamental trees to help with the same concerns. There will be a secondary fence developed between the lot and Wayzata Blvd to help with this issue. Pisinski also looked into a neighbor's concern over a wetland area being connected to the dealership's retention pond. Both Golden Valley and St Louis Park looked into it and SLP contacted the resident to assure them the retention pond and wetland area are not related. Pisinski elaborated on the need for a building for batteries and explained the size and safety needs of that lead to a new building construction. Johnson asked if applicants addressed parking stacked cars at the north lot, Pisinski stated they cannot so the driveway is accessible for firetrucks. Additionally, that location is close to the highway and the dealership experiences cars that run off the highway and on to their property about 5-8 times a year. Campbell added there is minimal greenspace available on the north property line of the north lot and not enough room for additional stacking. Commissioner Brookins stated that the north retention pond seems to be expanding, the applicant responded that the pond is being increased and improved on to increase treatment with the MPCA. Commissioners and the applicant discussed charging stations on site and public access. Baker asked the applicant what other inventory options there are and the applicant listed a number of lots outside of Golden Valley for inventory but finding a place to lease and safely leave a vehicle is hard to find. It's hard to meet the customer need with what parking the dealership has available today. Chair Blum opened the public hearing at 8:31pm. John Thompson 9430 West 14t" Street, St Louis Park I wish the trees on the other side of the retaining wall to remain as a barrier for my home. I live a block north but my walk out deck is above the 12-foot barrier and the trees help block the sound in the summer. Elizabeth 1511 Flag Ave S St Louis Park City of Golden Valley Planning Commission Regular Meeting 7 March 8, 2021—7 pm My house is 3 houses rom the barrier wall and I look over the wall. I can see the buildings on the dealership lot. Pesinski has met with me and said he would do his best to maintain the mature trees on the south wall but I was alarmed to see 67/73 trees may be cut down. I would like alternatives to be explored. Michael Miller 9416 W 14t" Street St Louis Park My back deck faces the south wall and there is light pollution that escapes over the wall. I'm not sure what alternative will occur to make up for the removal of the retention pond. I spoke to Eric in St Louis Park and he said there is probably no connection between the wetlands and retaining pond but he didn't say definitely. I wanted to clarify that comment. Commissioner Johnson asked staff if there was a preference for above or below ground stormwater management. Staff responded that either are acceptable as long as they meet requirements but the City's preference is above ground as it's more environmentally friendly and provides habitat. Blum asked if there is a standard for mitigation to prevent standing water. Staff is not aware of any. Laurie Kirk 1301 Flag Ave St Louis Park My home is adjacent to the SE corner of the wall and the trees along the south wall provide a great deal of screening from the dealership. The new frontage they're proposing would be better however right now the trees keep the aesthetics of the neighborhood. It doesn't feel industrial or commercial even though I can see the dealership from our window. The trees on our side of the wall are City of Golden Valley trees because they are in the easement. There was storm damage and Xcel cut them because of that. I am concerned that the 10ft setback will create a situation where trees can't be planted there at all, we will then lose the ambiance of our neighborhood. Commissioners discussed the north lot first. Staff wasn't concerned with reduced sight lines on the north lot since there's a wide city boulevard. The discussion continued that there haven't been many concerns with the north lot historically as it's a commercial area. While the reduction in green space is disappointing, the ask here doesn't seem to be out of line with what other dealerships have/were granted. Johnson reiterated that a PUD is a compromise between the City and the business, and he is concerned with the setback reductions as they were placed there initially for a reason. He continued with wanting to see what other options there are to maximize the north lot as the original intent of the PUD seems to be altered. Commissioner Pockl added that the increase of impervious surface is concerning. The conversation continued on to approving the whole amendment or broken up into two sections by the north or south lot. This discussion continued on to what to recommend to City Council and how the PUD amendment should be approved or denied. Chair Blum closed the public hearing at 8:55pm. Commissioners continued on and discussed the retention pond location and alternatives at greater length. The discussion moved on and elaborated on staff's decision to generally support the PUD City of Golden Valley Planning Commission Regular Meeting March 8, 2021—7 pm amendment and the regulations to support those decisions. Commissioners discussed whether or not they support the 10-foot setback, Johnson doesn't while Segelbaum, Baker, and Pockl all expressed support. A number of residents have decks above the 12-ft wall due to the topography and Baker commented the wall barely screens them. Discussions around lighting continued as well as specifics stated in a previous PUD amendment. Commissioners moved on to discuss the south lot and stated sensitivity to the proposed removal of the mature trees. Staff reviewed the easements, property lines, and the wall to illustrates specifics for Commissioners. This moved on to illustrate parking locations and the 10foot easement, the potential for increasing charging stations, public art, dropping lighting so neighbors aren't affected by light pollution, and the impact of loading/unloading vehicles just on the other side of the wall. Commissioner Brookins said if the setback can stay at 50ft, he is supportive of the rest of the amendment, and maybe add additional conditions. Commissioner Johnson stated the irony of cutting down trees to then sell electric cars. MOTION made by Commissioner Baker, seconded by Commissioner Segelbaum, to follow staff recommendation and conditions as stated. Staff called a roll call vote: Aye: Baker, Brookins, Pockl, Segelbaum Nay:Johnson, Blum The motion carries. 5. Discussion— Interim Use Jason Zimmerman, Planning Manager reminded the group about a restaurant last summer who was searching for solutions to meet their need for outdoor seating. In this particular situation, restaurant/bar is a non-conforming use in an R-1 zoning district. Expansion of non-conforming uses are not allowed, so no outdoor seating/dining can currently be added. City Council is wary of rezoning so requested investigation of other options; one of those possibilities is Interim Use. Interim Use • Covered in State statute • "temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it" • Must conform to the zoning regulations • Conditions of use may be attached City of Golden Valley Planning Commission Regular Meeting March 8, 2021—7 pm Currently, Golden Valley doesn't have Interim Use in the zoning code but it does have three types of temporary uses that are allowed: mobile food vending, seasonal farm produce sales, temporary retail sales. Each use does require a permit from the City in order to operate. If outdoor seating was considered as an interim use, it would need to be distinguished in the R-1 zoning code, an end date would need to be identified, and conditions could be applied to mitigate potential impacts. Typically, interim uses are complementary to the underlying zoning and permitted uses. A commercial outdoor dining use, appears to be in conflict with R-1 Zoning. Interim uses tend to be limited in nature and duration and the investment in a patio is great for a limited use. Not having an obvious timeline or condition to end, directly contrasts to the nature of interim/temporary use. Conditions for approval should be created, as they are in other areas, and this could mitigate potential impacts to surrounding properties. Staff Conclusion An interim use that allows outdoor seating/dining doesn't seem to be a good solution to the problem at hand. The limitation of a commercial use in a single-family residential area is a big constraint. Staff can look into what it would mean to have neighborhood commercial zoning district. Commissioner Pockl asked how staff predicted the proposal would be received by the neighbors since there seems to be a split response to the restaurant in general. Zimmerman responded that neighbors are primarily concerned about additional noise, music outside, and an uptick in traffic. The larger concern from residents regarding rezoning that spot, is the what-ifs for the future if another business takes over. Commissioner Segelbaum asked about the difference between this and emergency zoning that occurred from the Governor's restrictions at the start of Covid. Zimmerman responded that the Governor asked Cities to find alternative ways to allow services to operate outdoors and City Council allowed temporary outdoor service areas. This was a limited time, special circumstance use. Pockl asked how the restaurant/bar owners are responding to this idea. Zimmerman said interim use was their idea after seeing how other cities were responding to the need for adaption, they're willing to do many things to mitigate potential issues. This doesn't change that their potential investment is large nor that a timeline for a temporary use is hard to define. Segelbaum stated he thinks interim use is worth exploring and tight definitions could help make it appropriate in this situation. Pockl echoed this statement and stressed that the applicant really needs to understand the cost and potential risks associated with this kind of use approval. Chair Blum stated that this use regulation seems connected to the pandemic and a person can't put a timeline on its end. Being that the use should have a definitive timeline, he doesn't feel this solution is the right match. Blum added he's not against exploring options. Segelbaum asked if a neighborhood commercial zoning district would add flexibility. Zimmerman said it could but conditions could be added to decrease extreme by right use. City of Golden Valley Planning Commission Regular Meeting 10 March 8, 2021—7 pm No direction is needed. Televised portion of the meeting concluded at 8:42 pm 6. Council Liaison Report Council Member Rosenquist provided a link to the State of the City address and encouraged all Commissioners to view the recording. She also pointed them to the online recording of an open house for the Facilities Study. Rosenquist noted that the City had hired a Housing and Economic Development Manager who would be starting at the end of the month. 8. Reports on Board of Zoning Appeals and other Meetings None. 9. Other Business None. 10. Adjournment 11. MOTION by Commissioner Pockl to adjourn, seconded by Commissioner Johnson, and approved unanimously. Meeting adjourned at 10:18 pm. Adam Brookins, Secretary Amie oles , Planning Assistant 1 Porsche,From Site to Hnish Narrative Audi and Ferrari PUDi - p Amendment ..� Wall 4 f f G �IIW7"'�1�� '�^,•^•n�Yr 4 �� �awn+ Submitted to: City of Golden Valley ■r®�, Iji _ f lop IA 7 w An "iiidU ia 11 �•-- i r ■ _ 31w W -w I d9l ■ ' _ .. Io. Y a. ib1 a .. - v�n. � ..D F k�..aiYf• i Y �, dl r .•„' I it PREPARED FOR s\�� "'�"�0� PREPARED BY Carousel Motor Group Landform Professional Services, 60 South 6th Street#3900 LLC 105 5th Ave S, Suite 513 Minneapolis, MN 55402 ; Minneapolis, MN 55401 Z-5�000 o; Landform®,SensiloyGreen and Site to Finish a are registered service marks of Landform Professional Services,LLC TABLE OF CONTENTS Introduction............................................................................................................................................................... 2 Background.............................................................................................................................................................. 2 MajorPUD Amendment............................................................................................................................................ 2 Summary.................................................................................................................................................................. 6 ContactInformation................................................................................................................................................... 7 Attachment A—Setbacks Exhibit Attachment B—Site Amenities Exhibit Attachment C—Entry Sculpture Exhibit Attachment D—Pond Overlook Exhibit Carousel Dealerships,Golden Valley,MN January 22,2021 BAA13039 1 Introduction On behalf of the applicant Twin Cities Automotive, LLC d/b/a Carousel Motor Group, Landform is pleased to submit this application for amendment to Carousel Automobiles Planned Unit Development (PUD) No. 95 with a request for certain reductions to applicable setback requirements for the Carousel Golden Valley auto dealerships at 9191 and 9393 Wayzata Boulevard and other proposed revisions to the PUD site.The site includes two parcels that are currently used by the existing Porsche and Audi dealership and will be further augmented by the operation of a new Ferrari dealership (see Attachment B). The redevelopment plan includes important and essential operational site improvements, including reconfiguring the parking areas and adding a building addition to the Audi dealership. In addition, the applicant is proposing significant landscaping improvements along Wayzata Boulevard, including the creation of a new wayside area at the northeast corner of the 9393 Wayzata Boulevard lot adjacent to the public bike/pedestrian trail in that area. We are excited about the improvements proposed for this site and look forward to the City of Golden Valley's (City)consideration. Background The Carousel Automobiles Planned Unit Development (PUD) No. 95 for 9191 Wayzata Boulevard was originally approved by the City Council on October 2, 2001 (Ordinance No. 257, 2nd Series). Amendment No. 1 to PUD No. 95, incorporating the south inventory lot at 9393 Wayzata Boulevard, was approved in early 2002. Amendment No. 2 to PUD No. 95, approving a reduction in the front yard parking setback for the Porsche dealership, was subsequently approved on April 1, 2014. The underlying zoning designation of the property is Commercial. In anticipation of submitting this request, a pre-application meeting was held with city staff to discuss the proposed improvements and receive the city's initial feedback,which included a strong desire for the applicant to maintain above ground stormwater management and certain concerns with a second curb cut access to the south inventory lot. We believe the modified plans submitted in support of this application strike an appropriate balance in addressing the applicant's need for site improvements and the interests of the general public. Major PUD Amendment Pursuant to Section 113-1230) of the Zoning Code, we are requesting City approval of a major amendment to PUD No. 95 for the following items: 1. A reduction of the 35-foot front yard parking setback set forth in Section 113-151(b)(9)of the Zoning Code to allow for a 10-foot front yard parking setback along Wayzata Boulevard for both the 9191 and 9393 Wayzata Boulevard lots. a. Pursuant to Section 113-123(c)(5) of the Zoning Code, the City may allow some flexibility in setbacks if it benefits all parties and the environment. Permitting reduced setbacks may be based on uses on and off the site, natural amenities and preservation, topography, density, building heights, building materials, landscaping, lighting and other plan features. b. The Porsche dealership, Audi dealership, future Ferrari dealership, and the south inventory lot are currently constructed with front yard parking setbacks of 10 feet, 17 feet, 35 feet, and 19 feet, respectively (see Attachment A). c. This request is substantially similar to the City's previous 2014 approval of Amendment No. 2 for the area in front of the Porsche dealership and does not involve the setback requirements for any principal or accessory structures. Carousel Dealerships,Golden Valley,MN January 22,2021 BAA13039 2 d. The right of way area for Wayzata Boulevard widens from 60 feet to 90 feet as it enters the Carousel property. This drastically affects the setbacks along Wayzata Boulevard for the Carousel property. e. The improvements on the north side of Wayzata Boulevard will include pervious pavers on the encroaching areas, as well as unique architectural, landscaping, and lighting features in front of Audi and Ferrari to complement the existing improvements in front of the Porsche dealership. In addition, these improvements will be maintained to the same high standards as the existing improvements in front of the Porsche dealership. f. The improvements on the south side of Wayzata Boulevard will include new landscaping features and the creation of a wayside area available for use by members of the public using the adjacent bike/pedestrian trail. 2. A reduction in the side and rear yard parking setbacks on the 9393 Wayzata Boulevard lot to 10-feet on all sides. a. There is a permanent 10- to 12-foot-high concrete wall surrounding the southern and eastern property boundaries of the 9393 Wayzata Boulevard lot. Reducing the rear and side yard setbacks along those areas will go unnoticed by the public or adjacent property owners,which includes the Westwood Hills Nature area to the east. b. The properties to the south and east of the 9393 Wayzata Boulevard lot are located within the City of St. Louis Park and are zoned R-1 Residential and Park/Open Space, respectively, under that city's code. This suggests the parking setbacks for the 9393 Wayzata Boulevard lot would normally range from between 10 to 25 feet (i.e., one-half of the setback required for buildings). See Sections 113-151(b)(9) and 113-92 of the Zoning Code. 3. Reconfigure the layout of the inventory lot on the south side of Wayzata Boulevard to relocate the stormwater pond to the northeast and to provide an additional curb-cut onto Wayzata Boulevard to improve traffic flow and transport unloading. a. To resolve the business need for more vehicle inventory spaces, it is best to utilize the available property as close to the dealerships as possible to mitigate impacts associated with shuttling vehicles from off-site. To create a more efficient space,the parking area must be reconfigured to create more parking stalls. b. The applicant is also requesting an additional curb-cut on Wayzata Boulevard to create a circular drive path to permit the unloading of transport carriers within the parcel boundaries and to improve traffic flow and safety. This aligns with the City's requirement that no unloading take place on public streets by providing the transport drivers an additional area to use. It will also reduce the need for movement of vehicles unloaded on the northern portion of the site across Wayzata Boulevard to the inventory lot to the south. The width of the new curb-cut and existing curb-cut can be sized for one-way traffic, if needed. c. The applicant understand the City prefers aboveground stormwater control over underground stormwater control and will continue to manage the stormwater on the south inventory lot with an aboveground pond. Additionally,the pond may be enhanced by providing native vegetation that directly benefits local habitat(e.g., butterflies, birds, bees, etc.) 4. Construction of a 5,650 square foot addition on the southeast side of the Audi dealership to expand the service drive. a. The continued growth of the business and new social distancing rules require more space to be able to serve guests safely and efficiently. The expansion will only replace existing impervious surfaces. The design will meet all City requirements. Carousel Dealerships,Golden Valley,MN January 22,2021 BAA13039 3 5. Construction of a 260 square foot standalone battery building for the Porsche dealership. a. The increase of electric vehicles requires the means and methods to service those vehicles.Additionally, the applicant will be providing more electric vehicle charging stations on the entire campus over time. In addition to the amendments proposed above, the applicant is proposing to include the following amenities to achieve a higher quality of site planning and design (See Attachment B). 1. Sculptures in front of Audi, Ferrari and inventory lot—the sculptures will serve as an amenity for the Wayzata Boulevard corridor while also providing a visual buffer for pedestrians utilizing the trails (See Attachments C and D). 2. Maintaining above ground stormwater management—the stormwater ponds are meeting the updated NOAA Atlas 14 standards to provide an effective stormwater solution. 3. Providing benches for viewing area near south pond — as an added amenity for pedestrians along Wayzata Boulevard benches will be installed to serve as a rest area and natural viewpoint. 4. Bicycle racks at each dealership —the bike racks can be utilized by employees or customers to encourage additional modes of transportation. 5. Sustainable Installations - Working towards the city's sustainability goals with the addition of the EV Battery storage building, EV charging stations, updating site lighting to LED, and providing solar panels will all contribute towards sustainable site solutions. We have reviewed the request in accordance with Minnesota law and City ordinance standards and submit the ordinance standards have been satisfied. Specifically: 1. Encourage,preserve and improve the health, safety and general welfare of the people of the City by encouraging the use of contemporary land planning principles. The improvements to the site are meant to improve the health, safety and general welfare for the City by utilizing PUD flexibility to develop the existing site. The improved site will provide approximately 796 parking stalls to accommodate increased business needs and will include additional landscaping to improve the open space areas of the site. This is equivalent to an increase of 206 total parking stalls when compared to the approved 2014 site plan, or 160 total parking stalls when compared to the pre-2014 condition when Amendment No. 2 was approved. As proposed, the parking density on site would also be generally consistent with the automotive dealership properties to the east of the Carousel property. Pre-2014 2014 Proposed North Lot 569 523 617 South Lot 67 67 179 TOTAL 636 590 796 Reconfiguration of the south inventory lot and addition of a second curb-cut will also improve traffic flow and safety along Wayzata Boulevard. 2. Achieve a high quality of site planning, design, landscaping, and building materials which are compatible with the existing and planned land uses. Carousel Dealerships,Golden Valley,MN January 22,2021 BAA13039 4 The requested PUD amendment includes the addition of landscaping and sculpture features to improve the aesthetic along the corridor and for pedestrians utilizing the trail on the south side of Wayzata Boulevard. Additionally,the additional landscaping will serve to partially screen parked vehicles as mitigation for the reduced parking setback. 3. Encourage preservation and protection of desirable site characteristics and open space and protection of sensitive environmental features including steep slopes, trees, scenic views, waterways, wetlands and lakes. The improvements proposed for the site will impact some of the existing trees. The landscape plan will replace the trees that are removed and provide additional landscaping along the Wayzata Boulevard frontage. The site does not contain steep slopes,waterways,wetlands and lakes that need to be preserved. 4. Encourage construction of affordable housing and a variety of housing types. No housing is included in the development. 5. Encourage creativity and flexibility in land development. We are seeking flexibility in the development of necessary site improvements that will allow for the continued growth and improved operation of the existing Porsche and Audi dealerships and the new Ferrari dealership. 6. Encourage efficient and effective use of land, open space, streets, utilities and other public facilities. The proposed site plan is the most efficient and effective use of the land to meet the needs of the auto dealerships and to meet the goals for development in the city.With the proposed changes, impervious surface coverage of the PUD site will not exceed the 90% standard for commercial-retail development set forth in Section 113-123(c)(8), and lot coverage of the PUD will not exceed the 50%standard for commercial property set forth in Section 113-92 of the Zoning Code. 7. Allow mixed land uses and the assembly and development of land to form larger parcels. This site is a great example of a single larger parcel housing multiple operations that can effectively operate and utilize the shared property. 8. Encourage development in transitional areas which achieve compatibility with all adjacent and nearby land uses. The overall use of the site as an auto dealership is not changing and is compatible with the adjacent and surrounding land uses. The proposed reduction of the front yard parking setback will result in very similar setbacks to the automobile dealerships to the east along Wayzata Boulevard,which range generally from 10-to-26 feet(see Attachment A). Likewise,the setback from the back-of-curb line will generally continue to exceed that of such properties to the east along Wayzata Boulevard (see Attachment A). 9. Achieve development consistent with the Comprehensive Plan. The proposed site improvements are consistent with the 2040 Comprehensive Plan which identifies key goals to be, "Encourage visually attractive development in high-profile locations and along the city's major corridors" and "Prioritize on-site expansion of corporate and industrial uses over off-site growth." The auto dealerships are seeking to expand within the project site and are proposing to do so with attractive site improvements. Carousel Dealerships,Golden Valley,MN January 22,2021 BAA13039 5 10. Achieve development consistent with the City's redevelopment plans and goals. This site is not located in an identified redevelopment district. 11. Encourage development that is sustainable and has a high degree of energy efficiency. The proposed building expansion will be constructed with energy efficiency in mind to reduce the monthly overhead operation costs. The site improvements will also include a stand-alone battery building to support electric vehicle sales and servicing. Pursuant to Section 113-123(c)(2)of the Zoning Code, approval of a PUD amendment requires the following findings be made by the City: 1. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of[the Zoning Code]. 2. Preservation. The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks,wetlands and open waters. 3. Efficient; Effective. The PUD plan includes efficient and effective use (which includes preservation)of the land. 4. Consistency. The PUD plan results in development that is compatible with adjacent uses and consistent with the Comprehensive Plan and redevelopment plans and goals. 5. General Health.The PUD plan is consistent with preserving and improving the general health,safety and general welfare of the people of the City. 6. Meets Requirements. The PUD plan meets the intent and purpose provisions of[Section 113-123(a)] and all other provisions of[Section 113-123]. As set forth above, the proposed amendments to PUD No. 95 satisfy each of the required findings. Pursuant to Section 113-123(i) of the Zoning Code, an applicant amending an approved PUD must show that the proposed change does not adversely affect any other property owner, if any, in the PUD,the terms of the final PUD plan, PUD permit,development agreement,and the intent and purpose provisions of[Section 113-123(a)]and other provisions of[Section 113-123]. In this case, the applicant is the sole owner of all property within the PUD. The proposed amendment does not adversely affect any of the following: the terms of the final PUD plan, the PUD permit, development agreement, or the intent and purpose provisions of[Section 113-123(a)] and other provisions of[Section 113-123]. Summary We respectfully request approval of the PUD Amendment to allow a reduced front yard setback for the Carousel Golden Valley dealerships at 9191 and 9393 Wayzata Boulevard. Carousel Dealerships,Golden Valley,MN January 22,2021 BAA13039 6 Contact Information This document was prepared by: Kevin Shay Landform 105 South Fifth Avenue, Suite 513 Minneapolis, MN 55401 Any additional questions regarding this application can be directed to Steve Sabraski at ssabraski(o)landform.net or 612.638.0243 Carousel Dealerships,Golden Valley,MN January 22,2021 BW 3039 7 MOb I ,09 Ir ► � Iwl ImNJ � IQ ► lal `o E N � I � I T Lq - \ 0 IF r� °° `Y' w ZD m al � IQ � � I 000000 O \ O 1 s v i ( J I: II: C■ Y�0 ■ ■ ■ ■ ■ it . N y r I' a i d, l Y4H �� M1�i A Si��m4�L+ a4 � • m t lyS' 4 i 6s it r � xk -mr« r 0 Ca VV cn cn 4-1 Cc j 75 op "v Y w. „ t .. � • nA dtl'�1 2. '4 ''� r n a •. 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Ln � CD Ln NN N N m2 n N n , n - O © � o co ro mo� o o � �ocM rn c� ri un in cnpX-1 ui ri w ri a ui n 1 ro ro o:r co U 2 � oc o co v o Uo�v a 1 n v oi�w nrn ri ri un mui� v v rri nc� N ri � 16 1 DOro /, oc v v a\v o in n � a ro o o ro n v o co / in o � DO X- D\ ri n n o o � Nna � �n ,.GT; �n � 1: DOn DO co Ao in in ro o��co w rn ro a o o vM o co /' v o f nui ui v v n n n oA '°o 0 6 o ri v Nun cn in n / m a v L � n ui0 \ nri c� m mo 6 Ln 0 c� v co CN, rn a n mv2 nrn c� ° o 0 o LL on un_ co cn o m Cy) 6,/ co O / co v ro` o ro in rn . co v - N. n t0 co cn/ cn rn v a N o° o °°o 3 �_O ,�ti a n m = 'LL Y, � o n N // - s o _�= v co o co \ LL r�\ LL. \\ N no rn \ ° u> u> co \ co � 2 co o ri � \\ � o v� � co in oc �- c9 rn o ro N M , �M N co ro N � o o OOv2 oa � ° M (6 ro ro n o LL cv u> p C) C^ co m o rn n (6 M u) O O O� \.: 0 N (p II N n o�. 3 coLL \v /// M rn cv o CF) o N n a u> a ri j c5 ri v co co co u> ri N o a co 1� n ro N o co n � N � � o C: C IOL C)USEL March 26, 2021 MOTOR GROUP City Council City of Golden Valley 7800 Golden Valley Rd. Golden Valley, MN 55427 Dear Mayor Harris and the City Council, Carousel Motor Group is writing to request council support for the amendments to Carousel Automobiles P.U.D. No. 95, It is important to note that we are not seeking to expand the scope of the use under the P.U.D. In other words, our use of the property will remain the same. We are simply seeking the amendments to conform with the current business needs and how the public accesses our property. Twenty years is a long period of time and it is not surprising that the P.U.D. would need to be amended given how not only Carousel Motor Group has grown, but the area and business traffic surrounding it. Working through the process to this point, we heard concerns from a few of our St. Louis Park neighbors to the south. I personally met them on their properties to better understand their perspectives and concerns. Our modification of the site plan along our southern property line (increasing the green space from 10' to 25') is in direct response to their concerns. We also heard concerns from the Planning Commission. Unfortunately, I was not granted the opportunity to address all of their questions at the planning commission meeting so I will respond to those questions here: 1. The change in our business necessitating the P.U.D. amendment request. 2. Recommendation for approval of the north lot. 3. Expansion of the south inventory lot. 4. Transport unloading on the south inventory lot. The change in our business necessitating the P.0 D amendment request Why increased parking? Since the original P.U.D. was granted in 2001, our business and brands have experienced remarkable growth. Our sales—new, used, and service—have more than tripled. The number of new vehicles offered by our brands and their variants have increased by a factor of eight, which in turn drives upward our need for inventory storage. With the scheduled increase of all-electric vehicles, more inventory will be required as well as parking dedicated to charging. For the past three years, we have scoured available real estate inventory in hopes of finding local inventory parking opportunities; our efforts have failed. We have shifted our focus to our existing property with the goal of accommodating more parking for employees, service customers, used vehicle display, and new vehicle inventory. The requested changes will not accommodate all our new inventory needs; we will continue to store some of our new vehicle inventory off site. 60 Sauth Sixth Street,Ste,3900 P 612.661.3880 carouselmotorgroup.com Minneapolis,MN 55402 F 612.322.9067 13225233v2 Why a free-standing battery storage unit?With the increase in all-electric vehicles, our business needs to deal with the storage of spent/failed battery trays until the manufacturer can pick them up. The battery tray is roughly the size of the floor of the vehicle. It is safer to store the batteries in a separate, unoccupied building away from the dealership. Why a Ferrari Dealership? Ferrari approached us with an opportunity to represent their brand for the Twin Cities market. Remodeling our existing facility satisfies several critical criteria.Those criteria include locating the brand on the 1-394 corridor, containing the construction cost, and reducing the operational overhead cost by sharing resources with the other dealerships onsite. Why expand Audi?Today, we are operating two shifts for service.The proposed expansion will increase our service bays in the shop and allow us to bring detailing back into the Audi facility. Recommendation for approval of the„north lot. We agree with planning staff and the Planning Commission's recommendation to approve the changes to the north lot. We will comply with all requested additional conditions outlined in the staff report except for condition 'a' and condition '9' as both conditions relate to the south lot. Expansion of the south inventory lot. After listening to our neighbors, the Planning Commission, and city staff, we are revising our request to include a 25-foot parking setback along the south property line in lieu of the previously proposed 10- foot parking setback.The primary concern of the neighbors to the south was the removal and preplacement of existing significant trees. The significant trees currently provide screening from the dealerships on the north lot, especially during the summer months. Our revision will allow us to preserve more existing mature trees between the south property line and parking setback as well as plant additional trees to provide more screening in the future. Our original proposal would have eliminated 11 significant trees along the southern border; the revised proposal will eliminate zero (0) significant trees. Additionally, based on conversations with the neighbors, we will strategically plant eight (8) trees to fill in visual holes that exist in the screening today. The existing 12 feet high concrete wall along the southern property line will ensure that any additional inventory parking on the south lot will remain unnoticed to neighbors. We propose condition 'a' in the staff report be revised to read: Revise the reconfiguration of the south lot to omit the viewing area and provide a parking setback of 25 feet along the south property line. The public viewing area at the new pond on the south lot was unenthusiastically received; we will omit the proposed viewing area and focus our resources on other amenities for the site. 13225233v2 Transport unloading on the south inventory lot: Why is it necessary to on/off load in the south lot? Since the original PUD was established in 2001, not only has our business increased dramatically, but the volume of public traffic has as well. In 2001, we would receive 3-4 transport trucks per week and 140 vehicles (employees, service customers, purchasing customers, etc.) per day would come on and off our property. In 2021, the conditions are drastically different. We now receive 18-24 transport trucks per week and 345 vehicles per day come on and off the property. With the increased volume, it is imperative, from both a business and safety need, to segregate the process of on and off-loading vehicles away from our customers and employees. What about the concerns raised by staff and engineering?The two concerns raised were the potential damage to our inventory and the curbing at the curb cuts. Those concerns exist today on the north lot; however, with the increase in traffic the last 20 years there is now the added concern of public safety. The probability of damage and harm is significantly higher on the congested north lot than having trucks off-loading in the controlled environment of the south inventory lot as proposed. There are standards and best practices established for drive lane requirements for vehicle transport trucks and those standards have been built into our plan. Lastly, if curbing is damaged—which it has not been to date— we will be responsible for the repair. What about noise from on and off-loading vehicles?To respect our St. Louis Park residential neighbors, we will limit the permitted hours for on and off loading on the south lot: 8am-8pm Monday to Thursday and 8am-5pm Friday and Saturday. We propose condition '9' in the staff report be revised to read: The loading and unloading of trucks delivering vehicles on the south inventory lot shall be limited to be between the hours of 8:OOam to 8:00pm, Monday to Thursday, and 8:00am to S:OOpm, Friday and Saturday. Public safety can be increased by providing a location on the south inventory parking lot for transport drivers to unload inventory without contending with the activities on the north lot during business hours. This aligns with the City Code requirement pertaining to off-street parking and loading regarding the location 'be provided on the same Lot or parcel to be serviced' and quantity be of'adequate provision to meet needs' of loading and unloading goods. We will enforce the limited hours of unloading on the south inventory lot by locking the gates after hours and posting signs instructing transport drivers to unload on the north lot after hours. In conclusion why should the City Council grant our PUD amendment request Carousel Motor Group has been a reliable business and good citizen of Golden Valley since the late 1970's. Our business has flourished in no small part to our partnership with the City of Golden Valley. 1322>233v2 We have grown our employee count from just under 30 to 178. We provide good paying jobs; our average employee earns nearly$60,000 per year. Our business contributes significantly to the tax base and our employees and customers live in, shop, eat, and contribute significantly to the economy of Golden Valley. We provide essential services to the community. Lastly Carousel Motor Group is a socially responsible business committed to doing the "right thing.° During the start of the Covid pandemic last year, our leadership took the position that we would not reduce our head count; everyone would stay employed and at full wages. We were able to keep that promise as we navigated through the shift in how we conduct business during the pandemic. Last year, we initiated an organizational minimum wage of$15/hour. And finally, as an organization we were entitled to a significant Payroll Protection Program loan. Our owners took the position that the loan was not intended for well capitalized organizations like ours, but rather it was intended for the businesses that needed it to make ends meet. As such, we did not participate in the Payroll Protection Program. All of this is to say that Carousel Motor Group has been, and will continue to be, a good corporate citizen, employer and provider of essential services to the community. The requested P.U.D. amendment to both the north and south lots is a continuation of that. Respectfully submitted, Wayne isinski VP Fix Operations Carousel Motor Group 13225233v2 p J (n N N 0 J C� O N N O O Q N N- - - - - CD Lu- �- N O O Ems- N N O O W �' �' N •�•••• 0 N N E -E - - = N N N E E (D • z • 0 Ix N N 0 T< N N N N • Z W a- fl' fl' US W at fl' fl' J I .� It • • X X �• A • • • • • • • • • • e • • C J Q J U L 0 (� - - - - - - - - - - -(:ieU CFzD N O O W O O L L a) oO O L L H � � J o r� e� 'i ORDINANCE NO. 708 AN ORDINANCE AMENDING THE CITY CODE Approval of Major PUD Amendment Carousel Automobiles P.U.D. No. 95, Amendment #4 Carousel Motor Group, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1 . City Code Chapter 113 entitled "Zoning" is amended in Article III, Division 3, 113-123 by approved a Major PUD Amendment to Planned Unit Development (PUD) No. 95 thereby allowing modifications to the site's setbacks, a new battery storage building, expansion to the existing Audi dealership, and introducing a new dealership location to the property. This PUD is subject to all of the terms of the permit to be issued including, but not limited to, the following specific conditions: 1 . The plans for site revisions to 9191 , 9393, and 9595 Wayzata Boulevard, and the associated lot to the south of Wayzata Boulevard, submitted January 22, 2021 , and subsequently updated to address City comments, shall become a part of this approval. The applicant shall revise the plans so as to: a. Remove the reconfiguration of the south lot, including the relocation of the stormwater pond, the expansion of pavement, and the second curb cut onto Wayzata Boulevard. b. Show and label the access gate and trail along the east property line of the south lot. c. Show and label bicycle parking and vehicle charging stations, as noted below. 2. Applicant shall provide a parking diagram for the north lot that clearly labels parking spaces reserved for customers and employees associated with all three dealerships separately. 3. Applicant shall provide in their site plan at least 20 bicycle parking spaces, in a location accessible for employees and customers to the three dealerships. 4. Applicant shall provide electric vehicle charging stations on-site as part of the PUD Amendment, to be included in a location accessible to each dealership. 5. Applicant shall provide exterior material details on the accessory battery building for review and approval prior to applying for a building permit. 6. Applicant shall provide exterior elevations and architectural and material information for the Audi dealership addition, conforming with the City's standards, for review and approval prior to applying for a building permit. 7. Applicant shall provide a revised lighting plan that addresses the outstanding questions around light trespass on both lots and lighting levels on the south lot, addressing how hours of illumination and curfew lighting will be handled. 8. Applicant shall adjust their tree and landscape plan as directed by City Engineering staff to avoid conflicts with underground utilities across the sites. 9. The loading and unloading of trucks delivering vehicles to the dealership shall take place on the property located north of Wayzata Boulevard and shall not take place on the south lot or within the public right-of-way. Ordinance No. 708 In addition, the Council makes the following findings pursuant to City Code Section 113-123, Subd. (c)(2): 1 . The changes proposed to the north lot do not unduly impact the natural environment or the provided parking on-site. The proposed changes to the south lot are a significant deviation from both the broader zoning code and the original intent of the PUD. The reduction in rear setback would allow for additional parking and space for truck movements, at the cost of increasing the impacts of the storage use on residential properties to the south. In addition, the introduction of trucks unloading is a significant change in the use of the property and its impact on surrounding ones. 2. This amendment as proposed would increase the impervious surface across both lots and drastically increase the hard cover of the south lot specifically. Pervious pavers have been utilized on the north lot to help mitigate this change in surface cover. Although many new trees and shrubs are being proposed, the existing wooded areas of the south lot would see no meaningful replacement except along Wayzata Boulevard, eliminating a valuable screening tool between this property and the residential properties to the south. 3. The proposed re-use of the former Porsche building allows for the clustering of auto dealership uses and makes effective use of the existing structure. Other changes allow for expansions in support of the business' operations without increasing impervious surface or creating parking shortfalls. The revised layout of the south lot comes at the cost of significant open space and a number of mature trees. While an increase in the ability to store cars on-site is primarily a benefit to the businesses in the PUD, it should not come at the cost of City goals with regard to Open Space and Stormwater. 4. The improvements included in this proposal are intended to improve the operations of the three dealerships on-site and should continue to support the businesses' growth and their ability to meet changing market demands. The majority of the proposed changes are consistent with goals and objectives of the 2040 Comprehensive Plan. However, portions of the proposed PUD Amendment concerning removal of trees and relocation of the stormwater pond are counter to some of the objectives listed in the City's Natural Resources and Water Resources Chapters. The reduction of the rear setback, loss of wooded areas, and the introduction of vehicle unloading would all represent significant impacts upon the properties adjacent to the south lot. 5. The PUD amendment generally preserves the general health, safety, and welfare of the City, with the exception of the potential impacts on St. Louis Park residents to the south of the south lot. 6. The majority of the requested amendments to the PUD are balanced by thoughtful public amenities and fit with a number of the City's sustainability goals. However, the changes proposed to the storage lot are significant in their deviation from code and from the original flexibilities and trade-offs provided by the PUD. These changes would not only will cause impacts on the neighbors to the south, but also do not seem to be mitigated or balanced with meaningful amenities. Section 2. The tracts of land affected by this ordinance (collectively, the "Properties") are legally described as follows: Ordinance No. 708 Lot 1 , Block 1 , Lot 1 , Block 2, and Outlot A, all in Carousel Automobiles P.U.D No. 95. Hennepin County, Minnesota Section 4. 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 5. 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 Schyma, City Clerk RESOLUTION NO. 21-20 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 708 AN ORDINANCE AMENDING SECTION 113 OF THE CITY CODE MODIFYING CAROUSEL AUTOMOBILES P.U.D. NO. 95 WHEREAS, the City has adopted the above referenced amendment of the Golden Valley City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of the publication of the complete text is not justified. NOT 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. 708 AN ORDINANCE AMENDING THE CITY CODE Approval of Major PUD Amendment Carousel Automobiles P.U.D. No. 95, Amendment #4 Carousel Motor Group, Applicant This is a summary of the provisions of Ordinance No. 708 which has been approved for publication by the City Council. This Ordinance amends Planned Unit Development (PUD) No. 95, allowing modifications to the site's setbacks, a new battery storage building, expansion to the existing Audi Dealership, and introducing a new dealership location to the property. A copy of the full text of this Ordinance is available from the City Clerk's Office. 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 EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting April 6, 2021 Agenda Item 6. A. Approve Carousel Auto PUD No. 95, Amendment#5 —9191, 9393, 9595 Wayzata Boulevard Prepared By Myles Campbell, Planner Summary The Carousel Motor Group is applying for a Minor PUD Amendment in order to adjust the amount of signage allowed within their PUD, which includes three principal structures over a single parcel. Any new signage on the site would be limited to what is allowed by the City's sign code, which bases allowed area off the parcel size, or the sq. ft. of the principal structure. The structures are all located on a single parcel, with two being active auto dealerships, and the third being used currently as office/internal operations space. As part of another Amendment being considered by the Council, Major Amendment #4, this third building would be converted into a third active dealership located on the property. Related to this new use, the applicant submitted sign permit applications for City Staff to review. However, a calculation of existing signage on site revealed that no further signage would be allowed by sign code. Because these three structures share a single parcel, which the sign code does not anticipate, by code they are allowed a limit of 400 sq. ft. of sign area across the three structures. This is equivalent to the maximum amount of signage allowed for a single commercially zoned parcel. Given the need for additional signage, staff's recommendation was to prepare an amendment to the PUD permit, which could establish a new maximum limit to signage. With this minor amendment, the applicant is proposing the PUD permit be amended to allow 700 sq. ft. of signage, a figure based upon the sq. ft. of the three principal structures on site. Analysis The amount of signage allowed "by-right" on each parcel is typically determined by the lot size and/or the square footage of the building. For the Commercial Zoning District, the table below illustrates how different size lots or structures are translated into sign area. 0 to 1 acre or floor area of 0 to 15,000 gross sq. ft. 150 sq. ft. 1 to 3 acres or floor area of 15,000 to 45,000 gross sq. ft. 200 sq. ft. 3 to 5 acres or floor area of 45,000 to 75,000 gross sq. ft. 300 sq. ft. Over 5 acres or floor area of over 75,000 gross sq. ft. 400 sq. ft. City Council Regular Meeting Executive Summary 2 City of Golden Valley April 6, 2021 With the parcel being a total of 9.9 acres, by code it is allowed only 400 sq. ft. of signage across the entire area of the PUD. The current total sign area is just over 432 sq. ft. This allows no additional room for new signage related to the proposed Ferrari dealership location without an amendment to the PUD. The applicant is instead suggesting to utilize the square footage of each principal structure on the lot to determine a maximum allowed sign area. Code does provide gross sq. ft. amounts in order to calculate allowed sign area, and as such the applicant has used these breaks to determine a reasonable amount of allowed sign area. The table below breaks down the square footage for the three principal structures on- site, with one note being that the Audi sq. ft. reflects the building addition proposed as part of Amendment #4 to PUD 95. Dealership Building Building Floor Area Allowable Sign Area Porsche (West) 30,945 sq. ft. 200 sq. ft. Audi (Center) 51,350 sq. ft. 300 sq. ft. Ferrari (East) 15,930 sq. ft. 200 sq. ft. This amount, while more than sufficient to allow for existing signage on-site, would also allow for the applicant's proposed signage related to the new Ferrari dealership. The table below shows both the existing and proposed signage by dealership, which would still fall under the cap of 700 sq. ft. Dealership Sign Type Sign Sq. Ft. Total Sign Area Porsche Monument or Pylon 65.2 sq. ft. 215.4 sq. ft. Wall 150.2 sq. ft. Audi Monument or Pylon 61.3 sq. ft. 217 sq. ft. Wall 155.7 sq. ft. Ferrari (Proposed) Monument or Pylon 1.9 sq. ft. 192.3 sq. ft. Wall 190.4 sq. ft. Total Sign Area— Existing Monument or Pylon 128.4 sq. ft. 624.7 sq. ft. and Proposed Wall 496.3 sq. ft. Based on the above, staff is comfortable establishing a new maximum allowed square footage for signage as an amendment to the PUD permit. An upper limit of 700 sq. ft. is consistent with the code's own method of calculating sign area, albeit applied to a parcel that has three collocated businesses on it. Given that the proposed signage does not exceed this amount, it also leaves some room for modification and sign maintenance in the future for the applicant, and without requiring additional review by the City Council. Based on the criteria for classifying amendments to PUDs outlined in the City Code and based on the type of modification being requested, staff has processed this proposal as a Minor PUD Amendment, which requires review by the City Council. The Council may approve or deny a Minor PUD Amendment by a simple majority vote without a public hearing or may refer the matter to the Planning Commission for its input and recommendation. City Council Regular Meeting Executive Summary 3 City of Golden Valley April 6, 2021 If approved, staff will prepare the new PUD Permit in concert with anticipated changes being considered as part of the Major PUD Amendment and will bring the document back to the Council at a future date for review. Financial Or Budget Considerations None Recommended Action Motion to approve the Carousel Auto PUD No. 95, Amendment#5, and to authorize the Mayor and City Manager to sign the amended PUD Permit. Supporting Documents • Applicant Narrative (1 page) • Site Plan —Signage (1 page) • Site Signage Inventory (7 pages) to March 26, 2021 Myles Campbell, Planner City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Dear Mr. Campbell, On behalf of the Carousel Motor Group, I am writing to request a minor amendment to Carousel Automobiles P.U.D No. 95 to increase the Maximum Total Sign Area on the site to 700 square feet. The current City Code does not include provisions to accommodate multiple buildings on a single parcel regarding signage. We have three dealerships in separate buildings, each requiring their own signage for brand identity.The building floor areas for each dealership and their corresponding allowable sign areas—if on separate parcels—is as follows: Dealership Building Floor Area Allowable Sign Area Audi 51,350 SF 300 SF Ferrari 15,930 SF 200 SF Porsche 30,945 SF 200 SF In keeping with the spirit of the City Code,the Maximum Total Sign Area should be applied across the entire site by aggregating the allowable signage for each building instead of each building/brand being limited on an individual basis. Lastly, given our site area is 10.09 acres, it is safe to say the request of increasing the Maximum Total Sign Area to 700 square feet is within reason. For example, if our site were divided into equal thirds, each parcel would be allowed 300 square feet of signage for a total of 900 square feet of signage over the same amount of site area as our current site. Respectfully Submitted, Nguyen 'Guy' Hoang, Architect Baker Associates Cc: Wayne Pisinski, VP Fixed Operations, Carousel Motor Group 520 Nicollet Mall, Suite 305 Minneapolis, MN 55402 LL Q U 3' I os .1 4 F 5 F M LL — LEJ I = U N — I� LNL — � U — LL C14 I� U) — N N O C) M — co W �j M Q O LL r LL — N r _ I M cs Q Q xl w N c LL LL- a O I— C14 2 Q 0 0 O N �@ D M Q z Q _ O � N (v) N N Q N cr I � �— w w° � LL- O F y c4 rn O o w x w cr_- � Q N E � W M I Q 0 O W \ _ o March 26, 2021 City of Golden Valley, Planning Division 7800 Golden Valley Road Golden Valley, MN 55427 RE: Sign design for Carousel Motor Group Golden Valley dealerships: Audi, Ferrari, and Porsche KEY DEALERSHIP Ax.x Audi Fx.x Ferrari Px.x Porsche TYPE OF SIGN x1.x Freestanding Sign x2.x Wall Sign x3.x Directional Sign SIGN NUMBER x.x.1 Number Designation Example: A1.1 would be the first Freestanding Sign for Audi. AUDI Existing Freestanding Signs 61.3 SF Wall Signs 155.7 SF Total 217.0 SF FERRARI Proposed Freestanding Signs 1.9 SF Wall Signs 190.4 SF Total 192.3 SF PORSCH E Existing Freestanding Signs 65.2 SF Wall Signs 150.2 SF Total 215.4 SF Total Sign Area (excludes directional and incidental signs) 624.7 SF Maximum Total Sign Area allowed per PUD 700.0 SF Page 1 of 7 AUDI A1.1 Freestanding Sign Description: Twin pole pylon sign, double faced, reading 'Audi' w/Audi 'Rings' Logo Location: Center of site along I-394 entrance ramp Existing Sign Area: 6'-0" H x 9'-8"W=58.0 SF Overall Height: 25'-0" A1.2 Freestanding Sign Description: Monument sign, double faced, reading 'Audi'w/Audi 'Rings' Logo Location: Center of site along Wayzata Boulevard Existing Sign Area: 16 1/4" H x 29 1/2"W=3.3 SF Overall Height: 12'-0" A2.1 Wall Sign Description: Wall mounted, reading Audi 'Rings' Logo Location: South building elevation facing Wayzata Boulevard Existing Sign Area: 36" H x 8'-7" W= 22.6 SF (outline of rings) A2.2 Wall Sign Description: Wall mounted, 16" H channel letters reading 'Audi Minneapolis' Location: South building elevation facing Wayzata Boulevard Existing Sign Area: 16" H x 20'-9" W= 27.7 SF A2.3 Wall Sign Description: Wall mounted, reading Audi 'Rings' Logo Location: East building elevation facing I-394 Existing Sign Area: 55" H x 13'-1" W=52.7 SF (outline of rings) A2.4 Wall Sign Description: Wall mounted, reading Audi 'Rings' Logo Location: South building elevation facing I-394 Existing Sign Area: 55" H x 13'-1" W=52.7 SF (outline of rings) Page 2 of 7 A3.1 Directional Sign Description: Wall mounted, 16" H channel letters reading 'Service' Location: Above service drive entrance on south building elevation Existing Sign Area: 16" H x 8'-0"W= 10.7 SF A3.2 Directional Sign Description: Ground sign, single faced, reading: Side A: 'Customer Parking'w/Arrow 'Service' w/Arrow 'Receiving' w/Arrow Location: Center curb-cut entrance to north lot Existing Sign Area: 4'-0" H x 34" W= 11.3 SF A3.3 Directional Sign Description: Ground sign, single faced, reading: Side A: 'Customer Parking' w/Arrow 'Audi Service' w/Arrow Location: East curb-cut entrance to north lot Existing Sign Area: 4'-0" H x 34" W= 11.3 SF Page 3 of 7 FERRARI F1.1 Freestanding Sign Description: Monument sign, double faced, reading Ferrari 'Prancing Horse' Logo Location: East side of site along Wayzata Boulevard Proposed Sign Area: 32" H x 24" W= 1.9 SF (outline of horse) Overall Height: 11'-6" F2.1 Wall Sign Description: Wall mounted, 42" H channel letters reading 'Ferrari' Location: South building elevation facing Wayzata Boulevard Proposed Sign Area: 42" H x 232"W=67.7 SF F2.2 Wall Sign Description: Wall mounted, 16" H channel letters reading 'TWIN CITIES PERFORMANCE' Location: South building elevation facing Wayzata Boulevard Proposed Sign Area: 16" H x 382"W=42.4 SF F2.3 Wall Sign Description: Wall mounted, reading Ferrari 'Prancing Horse' Logo Location: South building elevation facing Wayzata Boulevard Proposed Sign Area: 59" H x 44" W=6.3 SF (outline of horse) F2.4 Wall Sign Description: Wall mounted, reading Ferrari 'Prancing Horse' Logo Location: North building elevation facing I-394 Proposed Sign Area: 59" H x 44" W=6.3 SF (outline of horse) F2.5 Wall Sign Description: Wall mounted, 42" H channel letters reading 'Ferrari' Location: North building elevation facing I-394 Proposed Sign Area: 42" H x 232"W=67.7 SF Page 4 of 7 F3.1 Directional Sign Description: Wall mounted, 16" H channel letters reading 'Service' Location: Above service drive entrance on south building elevation Proposed Sign Area: 16" H x 116"W= 12.9 SF Page 5 of 7 PORSCHE P1.1 Freestanding Sign Description: Twin pole pylon sign, double faced, reading Porsche 'Crest' Logo Location: East side of site along 1-394 entrance ramp Existing Sign Area: 8'-0" H x 7'-0"W=56.0 SF Overall Height: 25'-0" P1.2 Freestanding Sign Description: Monument sign, double faced, reading 'Minneapolis' and Porsche 'Crest' Logo Location: West side of site along Wayzata Boulevard Existing Sign Area: 40 3/8" H x 30" W=8.4 SF ('Crest') 4" H x 27" W=0.8 SF ('Minneapolis') Overall Height: 11'-10" P2.1 Wall Sign Description: 24" H channel letters reading'PORSCHE' Location: South building elevation facing Wayzata Boulevard Existing Sign Area: 24" H x 29'-3 1/2" W=58.6 SF P2.2 Wall Sign Description: 21" H channel letters reading'Minneapolis' Location: South building elevation facing Wayzata Boulevard Existing Sign Area: 21" H x 12'-3 3/16" W= 21.5 SF P2.3 Wall Sign Description: Wall mounted, reading Porsche 'Crest' Logo and 'Service'* Location: South building elevation facing Wayzata Boulevard Existing Sign Area: 47 1/8" H x 35" W= 11.5 SF ('Crest') 8" H x 34" W= 1.9 SF ('Service')* *'Service' is considered directional signage and is not included in the sign area Page 6 of 7 P2.4 Wall Sign Description: 24" H channel letters reading'PORSCHE' Location: North building elevation facing 1-394 Existing Sign Area: 24" H x 29'-3 1/2" W=58.6 SF P3.1 Directional Sign Description: Two pole, ground sign, double faced, reading: Side A: 'Parking' w/Arrow 'Parts &Service' w/Arrow Side B: 'Parking' w/Arrow 'Parts &Service' w/Arrow Location: West curb-cut entrance to north lot Existing Sign Area: 1'-4" H x 3'-0"W=4.0 SF P3.2 Directional Sign Description: Two pole, ground sign, double faced, reading: Side A: 'Parking' w/Arrow 'Parts &Service' w/Arrow Side B: 'Parking' w/Arrow 'Parts &Service' w/Arrow Location: Center curb-cut entrance to north lot Existing Sign Area: 1'-4" H x 3'-0"W=4.0 SF END OF DOCUMENT Page 7 of 7 EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting April 6, 2021 Agenda Item 6. B. Ordinance No. 706 -Text Amendment 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, and approved by the City Council on March 21, 2021. Accompanying modifications to the Subdivision Chapter of the City Code require two readings; the first reading was approved by the City Council on March 21, 2021. Background The City Council has approved zoning changes that will allow rowhouses in the Moderate Density Residential (R-2) Zoning District. Broadly, rowhouse structures will 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 will 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 has been approved to account for this. Any rowhouses created will be limited to the same residential density already approved for the Moderate Density Residential land use by the 2040 Comprehensive Plan. Basic Architectural and Material Standards were also included with this new housing type. 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. The language below reflects recommended modifications to code text (in red, with everstri-ek language to be removed and bold language to be added). City Council Regular Meeting Executive Summary 2 City of Golden Valley April 6, 2021 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 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. (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. Financial Or Budget Considerations There are no financial or budgetary consideration for the City. Recommended Action Motion to adopt Second Consideration of Ordinance No. 706, Amending Section 109-123 -Allowing Owner-Occupied Dwelling Units in Rowhouses. Supporting Documents • Ordinance No. 706 —Amending Section 109-123 -Allowing Owner-Occupied Dwelling Units in Rowhouses (1 page) • Underline-Overstruck Language from Section 109-123 (1 page) 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 EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting April 6, 2021 Agenda Item 6. C. Second 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 and described below. 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 April 6, 2021 The City Council adopted the first consideration of the Ordinance at its March 16, 2021 meeting following a public hearing. There were no comments provided by the public. If the second consideration is adopted, the Ordinance will become effective after publication on April 15, 2021. Financial or Budget Considerations None Recommended Action Motion to Adopt Second 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 EXECUTIVE SUMMARY Fire 763-593-8079 / 763-593-8098 (fax) Golden Valley City Council Meeting April 6, 2021 Agenda Item 6. D. First Consideration of Ordinance No. 709—Amendment to City Code Sections 18-1, 20-24, and Creating New Sections 16-500 through 16-514, Relating to Fireworks and Dangerous Weapons and the Sale of Consumer Fireworks. Prepared By John Crelly, Fire Chief Jason Sturgis, Police Chief Maria Cisneros, City Attorney Summary The City's Fireworks and Dangerous Weapons ordinances have not been updated in several decades. There are two sections of City Code that mention fireworks: Sec. 20-24 (Fireworks and Firearms) and Section 18-1 (Dangerous Weapons and Articles). Staff recommends updating these sections of code. The Council previously provided input to staff on the proposed changes at its March 9, 2021 Council Manager meeting. The two existing ordinances dealing with fireworks displays are: 1. Held by an organization or group of organizations and authorized by the City Council (§ 18-1); or 2. Held in a public park and authorized by the City Manager and Fire Marshal (§ 20-24). These two sections with different approval procedures are confusing and do not match the requirements of state law. Staff recommends deleting section 20-24, amending section 18-1 and creating a new section 18-7 that allows fireworks displays in the city, including in city parks, provided they are approved by the Fire Chief and the City Clerk issues a permit, as required by state law. See Minn. Stat. § 624.20, subd. 1 and Minn. Stat. § 624.22, subd. 1 (defining fireworks and allowing fireworks displays by cities, fair associations, amusement parks, other associations provided they are supervised by a certified operator, permitted by the City Clerk, and approved by the Fire Chief). Staff also recommends moving certain provision in sections 20-24 that relate to the discharge of firearms to section 18-1, which also regulates the discharge of firearms. Additionally, in the course of its review, staff noticed that Section 18-1 contains antiquated language that singles out certain weapons commonly associated with Japanese martial arts. Staff recommends City Council Regular Meeting Executive Summary 2 City of Golden Valley April 6, 2021 removing this language as it is unnecessary in light of the more general language in Sec. 18-1 (a)(4) governing the use of such articles as weapons against another. Furthermore, there is no basis for regulating the sale or transfer of these articles differently than the City regulates the sale or transfer of similar articles not associated with Japanese martial arts. Finally, upon further review, staff also noticed a gap in the City Code in regards to the retail sale of fireworks in the City. Minn. Stat. § 624.20, subd. 1 (d) states that a local unit of government may impose an annual license fee for the retail sale of fireworks. The City has adopted license fees in the Master Fee Schedule for retail consumer fireworks; however, the Code does not currently have a section in Chapter 16 (Licensing) that regulates the issuance of said license. To correct this gap, staff is recommending creating new sections in Chapter 16, Article XVIII to allow for, regulate, and detail licensing requirements in regards to the sale of consumer fireworks in the City. Financial Or Budget Considerations Not applicable Recommended Action Motion to adopt First Consideration of Ordinance No. 709—Amendment to City Code Sections 18-1, 20-24, and Creating New Sections 18-7 and 16-500 through 16-514, Relating to Fireworks and Dangerous Weapons and the Sale of Consumer Fireworks. Supporting Documents • City Code Section 18-1, 20-24, and 16-500-16-514 with underline-overstruck language (5 pages) • Ordinance No. 709—Amending City Code Relating to Fireworks and Dangerous Weapons and the Sale of Consumer Fireworks (6 pages) • Minn. Stat. § 624.20, Fireworks (1 page) • Minn. Stat. § 624.22, Fireworks Displays (3 pages) Sec. 18-1. - Dangerous Weapons and Articles. (a) Acts Prohibited. It is unlawful for any person to: (1) Intentionally point a gun of any kind, capable of injuring or killing a human being and whether loaded or unloaded, at or toward another} (2) Manufacture or sell for any unlawful purpose any weapon known as a slung-shot or sand club} (3) Manufacture, transfer or possess metal knuckles or a switch blade knife opening automatically} (4) Possess any other dangerous article or substance for the purpose of being used unlawfully as a weapon against another} (5) Permit, as a parent or guardian, any child under 14 years of age to handle or use, outside of the parent's or guardian's presence, a firearm or air gun of any kind, or any ammunition or explosiveja (6) Furnish a minor under 18 years of age with a firearm, air gun, ammunition, or explosive without the written consent of the parent or guardian of such minor nr of the Gi#„ Manoner nr his/her designee• nr os o #hrnwinn s#or n61n nh1,nL nr shaiporn stud. Cnr the nurnnses of this subsen#inn• a. he term—ti-F1�g PRO-ARS nirnikar me#ollin devise with aRY ether of nnin#&- n n 6. The term °shorn stud" m o nlrnlllor niene of met-al o##onhor# to o hand, nlnve belt or m ni n#her o#eriol hinh nrn#mutes nne491 rF 1h innh meFe, frn the mo#eriol #n nihinh i# attonher# and with the nrn# udinn nnr#inn nyromir#ol in shone shorn nr pointed. Exception. Nothing in Subsection (a) of this section shall prohibit the possession of the articles therein mentioned if the purpose of such possession is for public exhibition by museums or collectors of art. (c) Discharge of Firearms and Explosives. It is unlawful for any person to fire or discharge any cannon, gun, pistol or other firearm, firecracker, sky rocket or other fireworks prohibited by State or Federal law, air gun, air rifle, or other similar device commonly referred to as a BB gun. (d) Exception. Nothing in Subsection (c) of this section shall apply to • a display of fireworks by aR nrnonizo#inn n gFeup of nrnonizo#inns -Authorized OR WFi#inn by or firearms discharge permitted pursuant to Section 18-7 of this Article: • the discharge of firearms with the written permission of the City Manage • a peace officer in the discharge of duty, or to a person in the lawful defense of person or family. This section shall not apply to the discharge of firearms in a range authorized in writing by the Council nor to other discharge of firearms specifically authorized in writing by the City Manager or his/her designee. (e) Possession and Sale of Fireworks. It is unlawful for any person to sell, possess or have in possession for the purpose of sale, except as allowed in Subsection (d) of this section, any firecrackers, sky rockets or other fireworks prohibited by State or Federal law. (f) Use of Bow and Archery. It is unlawful for any person to shoot a bow and arrow except in ##e_a Physical Education Program in a school supervised by a member of its faculty, a community-wide supervised class or event specifically authorized by the City Manager or histhortheir designee, or a hOW RAd ar at an archery range authorized by the Council and consistent with the City's zoning regulations. Sec. 2818-24---7.- Fireworks ;;Ad FOPPAPPA Displays. No person shall discharge any fireworks or firearms without a permits issued by the of firovn,or4s fromCity Clerk and approved by the Fire Marshal; in the rase of firoorms from oor or his Mor desig accordance with state law. CHAPTER 16, ARTICLE XVIII. —SALE OF CONSUMER FIREWORKS Sec. 16. 16-500. — Purpose. The purpose of this section is to regulate the sale of consumer fireworks and to prohibit the sale of other types of fireworks in order to protect the health, safety and welfare of the general public. Sec. 16. 16-501. — Definitions. For the purposes of this chapter, the following terms shall have the meaninas ascribed to them in this section: Consumer fireworks: wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and non-aerial and contain 75 grams or less of chemical mixture per tube or a total of 500 grams or less for multiple tubes, snakes and plow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers. string poppers, snappers, and drop pops, each consisting of not more than twenty-five hundredths arains of explosive mixture. Explosive fireworks: any fireworks that contain pyrotechnic or flash powder, gunpowder_ black powder, or any other explosive compound constructed to produce detonation or deflaaration. Fireworks: any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in which explosives are used, the t e of balloons which require fire underneath to propel them, firecrackers, torpedoes. skyrockets. Roman candles. daygo bombs, sparklers, or other fireworks of like construction. and any fireworks containing any explosive or inflammable compound, or any tablets or other device containing any explosive substance and commonly used as fireworks. The term includes explosive fireworks. The term does not include consumer fireworks, toy pistols, to guns, in which paper caps containing 25/100 grains or less of explosive compound are used, and toy pistol caps which contain less than 20/100 grains of explosive mixture. Sec. 16. 16-502. —State Law Adopted, Minnesota Statutes. sections 624.20 through 624.25 are hereby adopted and incorporated herein by reference. Sec. 16. 16-503. — License. (a) License Required. It is unlawful for any person to sell fireworks in the City in violation of Minn. Stat. §§ 624.20 through 624.25. Consumer fireworks may. however. be sold in the City upon issuance of a license. (b) Application. The application for a license shall be made upon the forms furnished by the City and shall contain the type of consumer fireworks to be sold and the estimated quantity of consumer fireworks that will be stored on the licensed premises. (c) Inspection. Upon the submission of a complete application. the Fire Marshal or their desianee shall conduct an inspection of the proposed business premises. (d) Ineligibility. (1) Moveable Place of Business. No license shall be issued for the sale of consumer fireworks at a movable place of business, including without limitation, mobile sales made from motorized vehicles, mobile sales kiosks, non-permanent stands or trailers or to transient merchants or as a seasonal or temporary sales license. unless the place of business complies with National Fire Protection Association Standard 1124 (2017 edition). (e) Grounds for Denial. Grounds for denying the issuance or renewal of a license under this article include, but are not limited to the following: (1) The applicant is under the age of 18 years. (2) The applicant has had a license to sell consumer fireworks suspended or revoked during the 12 months preceding the date of application, or the applicant has or had an interest in another premises authorized to sell consumer fireworks. whether in the City or in another jurisdiction, that has had a license to sell consumer fireworks suspended or revoked during the same time period. provided the applicant had an interest in the premises at the time of the revocation or suspension, or at the time of the violation that led to the revocation or suspension. (3) The applicant fails to provide any information required on the application, or provides false or misleading information. Any false statement on an application, or any willful omission of any information called for on such application form, shall work an automatic refusal of the license, or if already issued, shall render any license issued pursuant thereto void and of no effect. Sec. 16-504. — Fees. No license shall be issued under this article until the appropriate license fee shall be paid in full. Subject to the limitations in Minnesota Statutes. section 624.20, subdivision 1(d). the fee for a license under this article shall be established by the City Council and adopted in the City fee schedule, and may be amended from time to time. Sec. 16-505. — Conditions of License. The license shall be subject to the following conditions: (a) All licenses issued under this article shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. The transfer of any license to another location or person is prohibited. (b) The license shall be publicly displayed on the licensed premises. (c) The sale of consumer fireworks must be allowed by the zoning ordinance and must comply with all zoning ordinance requirements including signs. (d) If the applicant does not own the business premises, the written authorization of the property owner for the applicant's use of the property for the sale of permitted consumer fireworks is required. (e) The display of items for sale must comply with National Fire Protection Association Standard 1124 (2017 edition), which is incorporated herein by reference. (f) The licensed premises must be in compliance with the National Fire Protection Association (NFPA) Standard 1124 (2017 editionl, the state building code and state fire code. (g) No license shall be issued for the sale of consumer fireworks at a movable place of business, including without limitation, mobile sales made from motorized vehicles. mobile sales kiosks, non-permanent stands or trailers or to transient merchants or as a seasonal or temporary sales license, unless the place of business complies with National Fire Protection Association Standard 1124 (2017 editionl. (h) The premises shall be subject to inspection by the City during normal business hours. Sec. 16-506 - 16-514. — Reserved. ORDINANCE NO. 709 AN ORDINANCE AMENDING THE CITY CODE Amendment to City Code Sections 18-1, 20-24, and Creating New Sections 18-7 and 16-500 through 16-514, Relating to Fireworks and Dangerous Weapons and the Sale of Consumer Fireworks The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 18-1 is amended as follows: Sec. 18-1. - Dangerous Weapons and Articles. (a) Acts Prohibited. It is unlawful for any person to: (1) Intentionally point a gun of any kind, capable of injuring or killing a human being and whether loaded or unloaded, at or toward another, (2) Manufacture or sell for any unlawful purpose any weapon known as a slung-shot or sand clubi (3) Manufacture, transfer or possess metal knuckles or a switch blade knife opening automatically.- (4) Possess any other dangerous article or substance for the purpose of being used unlawfully as a weapon against another, (5) Permit, as a parent or guardian, any child under 14 years of age to handle or use, outside of the parent's or guardian's presence, a firearm or air gun of any kind, or any ammunition or explosive-, or (6) Furnish a minor under 18 years of age with a firearm, air gun, ammunition, or explosive without the written consent of the parent or guardian of such minor A-e# the Gity;;cmager9;iGs herdes+g Reel. (7) assess, sell, transfer, er hie-iR PGssess+e„er-sales-er traRsfer, agweaPGR no n +hrr1\l1"Rg star R ire nhi inL er ;haFp Gt d Fee the p iFpeses e this ciibcon+i�ri• a. ate star" means a ru i r,.l l I a r m etal I„s-Qev,r--fe w+t h a R y R M beF Gf Fetus PHiest!Rg #GM the edge; _h. The term "A,-,A mo�T a pair of ;n,nnrJ r..rtor-kr, ` r mLQtallirv-rvdE; rveparate� by nhain IiRk- 6. The to "sharp stl ld" moan s a nirni filar piono of mo+aI a++anhorJ to a wrist band g � Gther mrratta Fial WhiGh PFE41-44-95-3 ' th iRGh Gr mE)ro 49m +ho mri+oriel +� n,h inh i+ is attaehed, and With the PF9#61diRg tieR p yFa rmidal ire shape sharp nr Pnin+ed (b) Exception. Nothing in Subsection (a) of this section shall prohibit the possession of the articles therein mentioned if the purpose of such possession is for public exhibition by museums or collectors of art. (c) Discharge of Firearms and Explosives. It is unlawful for any person to fire or discharge any cannon, gun, pistol or other firearm, firecracker, sky rocket or other fireworks prohibited by State or Federal law, air gun, air rifle, or other similar device commonly referred to as a BB gun. (d) Exception. Nothing in Subsection (c) of this section shall apply to: • a display of fireworks by aR ergaRizatinn er gre fir, of ergaRizatinnc �i i+hnri�orl in WFitiRg by the GGHRGil, er te or firearms discharge permitted pursuant to Section 18-7 of this Article; • the discharge of firearms with the written permission of the City Manager; or • a peace officer in the discharge of duty, or to a person in the lawful defense of person or family. This section shall not apply to the discharge of firearms in a range authorized in writing by the Council nor to other discharge of firearms specifically authorized in writing by the City Manager or his/her designee. (e) Possession and Sale of Fireworks. It is unlawful for any person to sell, possess or have in possession for the purpose of sale, except as allowed in Subsection (d) of this section, any firecrackers, sky rockets or other fireworks prohibited by State or Federal law. (f) Archery. It is unlawful for any person to shoot a bow and arrow except in t4aa Physical Education Program in a school supervised by a member of its faculty, a community-wide supervised class or event specifically authorized by the City Manager or h'rrl;�h2Ktheir designee, or at an archery range authorized by the Council and consistent with the City's zoning regulations. Section 2. City Code Chapter 18 is amended to add Section 18-7 and it is to read as follows: Sec. 18-7.- Fireworks Displays. No person shall discharge any fireworks without a permit issued by the City Clerk and approved by the Fire Marshal in accordance with state law. Fireworks shall have the meaning given to it in Minn. Stat. § 624.20, Subd. 1. Section 3. City Code Section 20-24 is repealed and the section number shall be reserved for future use. Section 4. City Code Chapter 16 is amended to add Article XVIII. — Sale of Consumer Fireworks and it is to read as follows: ARTICLE XVIII. —SALE OF CONSUMER FIREWORKS Sec. 16-500. — Purpose. The purpose of this section is to regulate the sale of consumer fireworks and to prohibit the sale of other types of fireworks in order to protect the health, safety and welfare of the general public. Sec. 16-501. — Definitions. For the purposes of this chapter, the following terms shall have the meanings ascribed to them in this section: Consumer fireworks: wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and non-aerial and contain 75 grams or less of chemical mixture per tube or a total of 500 grams or less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than twenty- five hundredths grains of explosive mixture. Explosive fireworks: any fireworks that contain pyrotechnic or flash powder, gunpowder, black powder, or any other explosive compound constructed to produce detonation or deflagration. Fireworks: any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers, or other fireworks of like construction, and any fireworks containing any explosive or inflammable compound, or any tablets or other device containing any explosive substance and commonly used as fireworks. The term includes explosive fireworks. The term does not include consumer fireworks, toy pistols, toy guns, in which paper caps containing 25/100 grains or less of explosive compound are used, and toy pistol caps which contain less than 20/100 grains of explosive mixture. Sec. 16-502. —State Law Adopted. Minnesota Statutes, sections 624.20 through 624.25 are hereby adopted and incorporated herein by reference. Sec. 16-503. — License. (a) License Required. It is unlawful for any person to sell fireworks in the City in violation of Minn. Stat. §§ 624.20 through 624.25. Consumer fireworks may, however, be sold in the City upon issuance of a license. (b) Application. The application for a license shall be made upon the forms furnished by the City and shall contain the type of consumer fireworks to be sold and the estimated quantity of consumer fireworks that will be stored on the licensed premises. (c) Inspection. Upon the submission of a complete application, the Fire Marshal or their designee shall conduct an inspection of the proposed business premises. (d) Ineligibility. (1) Moveable Place of Business. No license shall be issued for the sale of consumer fireworks at a movable place of business, including without limitation, mobile sales made from motorized vehicles, mobile sales kiosks, non- permanent stands or trailers or to transient merchants or as a seasonal or temporary sales license, unless the place of business complies with National Fire Protection Association Standard 1124 (2017 edition). (e) Grounds for Denial. Grounds for denying the issuance or renewal of a license under this article include, but are not limited to the following: (1) The applicant is under the age of 18 years. (2) The applicant has had a license to sell consumer fireworks suspended or revoked during the 12 months preceding the date of application, or the applicant has or had an interest in another premises authorized to sell consumer fireworks, whether in the City or in another jurisdiction, that has had a license to sell consumer fireworks suspended or revoked during the same time period, provided the applicant had an interest in the premises at the time of the revocation or suspension, or at the time of the violation that led to the revocation or suspension. (3) The applicant fails to provide any information required on the application, or provides false or misleading information. Any false statement on an application, or any willful omission of any information called for on such application form, shall work an automatic refusal of the license, or if already issued, shall render any license issued pursuant thereto void and of no effect. Sec. 16-504. — Fees. No license shall be issued under this article until the appropriate license fee shall be paid in full. Subject to the limitations in Minnesota Statutes, section 624.20, subdivision 1(d), the fee for a license under this article shall be established by the City Council and adopted in the City fee schedule, and may be amended from time to time. Sec. 16-505. — Conditions of License. The license shall be subject to the following conditions: (a) All licenses issued under this article shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. The transfer of any license to another location or person is prohibited. (b) The license shall be publicly displayed on the licensed premises. (c) The sale of consumer fireworks must be allowed by the zoning ordinance and must comply with all zoning ordinance requirements including signs. (d) If the applicant does not own the business premises, the written authorization of the property owner for the applicant's use of the property for the sale of permitted consumer fireworks is required. (e) The display of items for sale must comply with National Fire Protection Association Standard 1124 (2017 edition), which is incorporated herein by reference. (f) The licensed premises must be in compliance with the National Fire Protection Association (NFPA) Standard 1124 (2017 edition), the state building code, and state fire code. (g) No license shall be issued for the sale of consumer fireworks at a movable place of business, including without limitation, mobile sales made from motorized vehicles, mobile sales kiosks, non-permanent stands or trailers or to transient merchants or as a seasonal or temporary sales license, unless the place of business complies with National Fire Protection Association Standard 1124 (2017 edition). (h) The premises shall be subject to inspection by the City during normal business hours. Sec. 16-506 - 16-514. — Reserved. Section 5. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 20th day of April, 2021. Shepard M. Harris, Mayor ATTEST: Theresa J. Schyma, City Clerk I MINNESOTA STATUTES 2020 624.20 624.20 FIREWORKS. Subdivision 1. Regulation. (a) As used in sections 624.20 to 624.25, the term "fireworks" means any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in which explosives are used,the type of balloons which require fire underneath to propel them, firecrackers,torpedoes, skyrockets, Roman candles, daygo bombs, sparklers other than those specified in paragraph(c),or other fireworks of like construction,and any fireworks containing any explosive or inflammable compound,or any tablets or other device containing any explosive substance and commonly used as fireworks. (b)The term "fireworks" shall not include toy pistols,toy guns,in which paper caps containing 25/100 grains or less of explosive compound are used and toy pistol caps which contain less than 20/100 grains of explosive mixture. (c) The term also does not include wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube or a total of 500 grams or less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which include paper streamers,party poppers,string poppers,snappers,and drop pops, each consisting of not more than twenty-five hundredths grains of explosive mixture.The use of items listed in this paragraph is not permitted on public property. This paragraph does not authorize the purchase of items listed in it by persons younger than 18 years of age. The age of a purchaser of items listed in this paragraph must be verified by photographic identification. (d)A local unit of government may impose an annual license fee for the retail sale of items authorized under paragraph (c). The annual license fee of each retail seller that is in the business of selling only the items authorized under paragraph(c)may not exceed$350,and the annual license of each other retail seller may not exceed$100. A local unit of government may not: (1)impose any fee or charge,other than the fee authorized by this paragraph,on the retail sale of items authorized under paragraph(c); (2) prohibit or restrict the display of items for permanent or temporary retail sale authorized under paragraph (c)that comply with National Fire Protection Association Standard 1124 (2003 edition); or (3) impose on a retail seller any financial guarantee requirements, including bonding or insurance provisions,containing restrictions or conditions not imposed on the same basis on all other business licensees. Subd. 2. Explosive fireworks.As used in sections 624.20 to 624.25, the term "explosive fireworks" means any fireworks that contain pyrotechnic or flash powder, gunpowder, black powder, or any other explosive compound constructed to produce detonation or deflagration. History: 1941 c 125 s 1; 1988 c 584 s 2; 2002 c 350 s 1; 2003 c 128 art 15 s 6; 2008 c 368 art 2 s 70 Official Publication of the State of Minnesota Revisor of Statutes I MINNESOTA STATUTES 2020 624.22 624.22 FIREWORKS DISPLAYS; PERMIT; OPERATOR CERTIFICATION. Subdivision 1. General requirements; permit; investigation; fee. (a) Sections 624.20 to 624.25 do not prohibit the supervised display of fireworks by a statutory or home rule charter city, fair association, amusement park, or other organization, except that: (1)a fireworks display may be conducted only when supervised by an operator certified by the state fire marshal; and (2) a fireworks display must either be given by a municipality or fair association within its own limits, or by any other organization, whether public or private, only after a permit for the display has first been secured. (b)An application for a permit for an outdoor fireworks display must be made in writing to the municipal clerk at least 15 days in advance of the date of the display and must list the name of an operator who is certified by the state fire marshal and will supervise the display. The application must be promptly referred to the chief of the fire department,who shall make an investigation to determine whether the operator of the display is competent and is certified by the state fire marshal,and whether the display is of such a character and is to be so located,discharged,or fired that it will not be hazardous to property or endanger any person. The fire chief shall report the results of this investigation to the clerk.If the fire chief reports that the operator is certified, that in the chief s opinion the operator is competent, and that the fireworks display as planned will conform to the safety guidelines of the state fire marshal provided for in paragraph (f),the clerk shall issue a permit for the display when the applicant pays a permit fee. (c)When the supervised outdoor fireworks display for which a permit is sought is to be held outside the limits of an incorporated municipality, the application must be made to the county auditor, and the auditor shall perform duties imposed by sections 624.20 to 624.25 upon the clerk of the municipality. When an application is made to the auditor, the county sheriff shall perform the duties imposed on the fire chief of the municipality by sections 624.20 to 624.25. (d)An application for an indoor fireworks display permit must be made in writing to the state fire marshal by the operator of the facility in which the display is to occur at least 15 days in advance of the date of any performance, show, or event which will include the discharge of fireworks inside a building or structure. The application must list the name of an operator who is certified by the state fire marshal and will supervise the display. The state fire marshal shall make an investigation to determine whether the operator of the display is competent and is properly certified and whether the display is of such a character and is to be so located,discharged,or fired that it will not be hazardous to property or endanger any person.If the state fire marshal determines that the operator is certified and competent,that the indoor fireworks display as planned will conform to the safety guidelines provided for in paragraph (f), and that adequate notice will be given to inform patrons of the indoor fireworks display, the state fire marshal shall issue a permit for the display when the applicant pays an indoor fireworks fee of $150 and reimburses the fire marshal for costs of inspection. Receipts from the indoor fireworks fee and inspection reimbursements must be deposited in the general fund as a nondedicated receipt. The state fire marshal may issue a single permit for multiple indoor fireworks displays when all of the displays are to take place at the same venue as part of a series of performances by the same performer or group of performers. A copy of the application must be promptly conveyed to the chief of the local fire department,who shall make appropriate preparations to ensure public safety in the vicinity of the display.The operator of a facility where an indoor fireworks display occurs must provide notice in a prominent place as approved by the state fire marshal to inform patrons attending a performance when indoor fireworks will be part of that performance. The state fire marshal may grant a Official Publication of the State of Minnesota Revisor of Statutes 624.22 MINNESOTA STATUTES 2020 2 local fire chief the authority to issue permits for indoor fireworks displays. Before issuing a permit, a local fire chief must make the determinations required in this paragraph. (e)After a permit has been granted under either paragraph(b)or(d),sales,possession,use and distribution of fireworks for a display are lawful for that purpose only. A permit is not transferable. (f)The state fire marshal shall adopt and disseminate to political subdivisions rules establishing guidelines on fireworks display safety that are consistent with sections 624.20 to 624.25 and the most recent edition of the State Fire Code, to insure that fireworks displays are given safely. In the guidelines, the state fire marshal shall allow political subdivisions to exempt the use of relatively safe fireworks for theatrical special effects, ceremonial occasions, and other limited purposes, as determined by the state fire marshal. Subd. 2. Operator certification requirements. (a) An applicant to be a supervising operator of a fireworks display shall meet the requirements of this subdivision before the applicant is certified by the state fire marshal. (b)An applicant must be at least 21 years old. (c)An applicant must have completed a written examination,administered or approved by the state fire marshal, and achieved a passing score of at least 70 percent. The state fire marshal must be satisfied that achieving a passing score on the examination satisfactorily demonstrates the applicant's knowledge of statutes, codes,and nationally recognized standards concerning safe practices for the discharge and display of fireworks. (d)An applicant shall apply in writing to the state fire marshal by completing and signing an application form provided by the state fire marshal. (e) An applicant shall submit evidence of experience, which must include active participation as an assistant or operator in the performance of at least five fireworks displays, at least one of which must have occurred in the current or preceding year. Subd. 3. Certification application; fee.An applicant shall submit a completed initial application form including references and evidence of experience and successful completion of the written examination. Applicants shall pay a certification fee of$100 to the State Fire Marshal Division of the Department of Public Safety.The state fire marshal shall review the application and send to the applicant written confirmation or denial of certification within 30 days of receipt of the application. Certification is valid for a period of four years from the date of issuance. Subd. 4. Classification.When an applicant has met the requirements of subdivisions 2 and 3,the state fire marshal shall certify and classify the operator for supervising proximate audience displays, including indoor fireworks displays, for supervising traditional outdoor fireworks displays, or for supervising both types of displays,based on the operator's documented experience. Subd. 5. Responsibilities of operator. The operator is responsible for ensuring the fireworks display is organized and operated in accordance with the state fire marshal's guidelines described in subdivision 1. Subd. 6. Reports. (a)The certified operator shall submit a written report to the state fire marshal within ten days following a fireworks display conducted by the operator if any of the following occurred: (1) an injury to any person resulting from the display of fireworks; (2) a fire or damage to property resulting from the display of fireworks; or Official Publication of the State of Minnesota Revisor of Statutes 3 MINNESOTA STATUTES 2020 624.22 (3) an unsafe or defective pyrotechnic product or equipment was used or observed. (b)The certified operator shall submit a written report to the state fire marshal within 30 days following any other fireworks displays supervised by the operator. (c)The state fire marshal may require other information from operators relating to fireworks displays. Subd. 7. Operator certification renewal.An applicant shall submit a completed renewal application form prepared and provided by the state fire marshal, which must include at least the dates, locations, and authorities issuing the permits for at least three fireworks displays participated in or supervised by the applicant and conducted during the past four years. An applicant shall pay a certification renewal fee of $100 to the State Fire Marshal Division of the Department of Public Safety. The state fire marshal shall review the application and send to the applicant written confirmation or denial of certification renewal within 30 days of receipt of the application.Certification is valid for a period of four years from the date of issuance. Subd. 8. Suspension, revocation, or refusal to renew certification. (a) The state fire marshal may suspend, revoke, or refuse to renew certification of an operator if the operator has: (1) submitted a fraudulent application; (2)caused or permitted a fire or safety hazard to exist or occur during the storage,transportation,handling, preparation, or use of fireworks; (3) conducted a display of fireworks without receipt of a permit required by the state or a political subdivision; (4) conducted a display of fireworks with assistants who were not at least 18 years of age, properly instructed, and continually supervised; or (5) otherwise failed to comply with any federal or state law or regulation, or the guidelines,relating to fireworks. (b)Any person aggrieved by a decision made by the state fire marshal under this subdivision may petition the state fire marshal in writing to reconsider the decision. The state fire marshal shall render a decision in writing within 30 days of receipt of the written request for reconsideration. Following reconsideration,the person may appeal the decision to the district court. Subd. 9. Database. The commissioner of public safety shall maintain a database of the information required under this section for purposes of(1) law enforcement, (2) investigative inquiries made under subdivision 1,and(3)the accumulation and statistical analysis of information relative to fireworks displays. History: 1941 c 125 s 3; 1973 c 123 art 5 s 7; 1985 c 248 s 70; 1986 c 444; 1995 c 226 art 4 s 23; 1997 c 187 art I s 23; 1 Sp2003 c 2 art 4 s 28; 2005 c 136 art 9 s 13; 2006 c 260 art 3 s 24 Official Publication of the State of Minnesota Revisor of Statutes EXECUTIVE SUMMARY City Administration 763-593-8006 / 763-593-8109 (fax) Golden Valley City Council Meeting April 6, 2021 Agenda Item 6. E. First Consideration of Ordinance No. 710, Amending City Code Section 2-43, Relating to Salary Adjustments of Mayor and Council Members Prepared By Theresa Schyma, City Clerk Summary As per City Code, Council salaries are reviewed every two years preceding the city election. Staff has provided the percentage increase representing the average salary or wage increase for the City non- union employees for the previous two years at 4%total; 3% in 2020 and 1% in 2021. The increase would begin January 1, 2022, and has been reflected in the 2021-2022 Biennial Budget. The salary increase is reflected below: Current Salary New Salary Mayor $13,530 $14,071 Council Members $10,126 $10,531 Additionally, at the March 9 Council-Manager meeting Equity and Inclusion Manager Kiarra Zackery discussed equity concerns relating to Council salary and the need to keep salary current with the work being performed by Council. Salary should not be a deterrent for any resident considering running for City Council and putting in many hours of work to serve their community. Furthermore, there was discussion regarding adding language in the ordinance to make future adjustments automatic based on the formula already being utilized to determine proposed increases for Council. Planned Council salary increases ensure pay equity for all prospective Council Members and eliminates the Council Members having to advocate for their own pay. Language was added to the proposed ordinance to reflect this discussion and to include the option for a waiver to give future Councils some flexibility. Financial Or Budget Considerations The proposed increase would begin January 1, 2022, and has been reflected in the 2021-2022 Biennial Budget. If the proposed ordinance language regarding automatic increases is approved; all subsequent increases would be factored into future budget planning. Council/Manager Meeting Executive Summary 2 City of Golden Valley April 6, 2021 Recommended Action Motion to adopt first consideration of Ordinance No. 710 Amending City Code Section 2-43, relating to salary adjustments of Mayor and Council Members Supporting Documents • Ordinance No. 710, Amending City Code Section 2-43 Relating to Salary Adjustments of Mayor and Council Members (1 page) • 2021 Survey of Council Salaries (1 pages) ORDINANCE NO. 710 AN ORDINANCE AMENDING THE CITY CODE Amending Section 2-43 Relating to Salary Adjustments of Mayor and Council Members The City Council for the City of Golden Valley hereby ordains: Section 1 . City Code Section 2.43 is hereby amended as follows: (a) The salaries of the Mayor and Council Members commencing January 1 , 2020 2022, shall be as follows: (1) Mayor: $ G $14,071 .00 annually (2) Council Members: $49,126.99 $10,531 .00 annually. (b) Approved additional meetings. In addition to their salaries, the Mayor and Council shall be paid $50.00 for each meeting they are directed or designated to attend, up to a maximum of $150.00 per month. The method for approval of meetings shall be outlined by resolution of the Council. (c) Befer of ea��bered year, Gity's staff shall preyide +n the ate. yr "'`"'�� J!crcr� a acmr cv crn. C9 IRGOI +ho r,ornon+ono Following the municipal regular election in 2023, and following each subsequent municipal regular election, the salary of the Mayor and Councilmembers shall be automatically adjusted effective January 1 . The adjustment shall be in a percentage representing the average salary or wage increase for City non-union employees for the previous two years preceding the municipal regular election 69 +ham+ +ho G9 innil may nnncider apprepriate innroacoc in i+c c�l�rioc (d) Notwithstanding subsection (c) of this Section, salary adjustments may be waived by ordinance prior to May 31 of the year in which a municipal regular election is scheduled to occur. Section 2. This ordinance shall take effect from and after its passage and publication as required by law. Adopt by the City Council this 20t" day of April, 2021 . Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk Bloomington Council Member $12,396 Crystal Council Member $8,170 Eden Prairie Council Member $11,535 Edina Council Member $10,944 Fridley Council Member Ward $7,762 Fridley Council Member At Large $8,779 Golden Valley Council Member $10,126 Hopkins Council Member $7,472 Maplewood Council Member $14,579 Minnetonka Council Member $11,000 Plymouth Council Member $11,108 Roseville Council Member $7,540 St. Louis Park Council Member $12,882 AVERAGE $10,330 Bloomington Mayor $26,400 Crystal Mayor $10,620 Eden Prairie Mayor $14,899 Edina Mayor $13,757 Fridley Mayor $10,689 Golden Valley Mayor $13,530 Hopkins Mayor $9,751 Maplewood Mayor $14,579 Minnetonka Mayor $15,000 Plymouth Mayor $15,332 Roseville Mayor $9,297 St. Louis Park Mayor $18,624 AVERAGE $14,373 ANNOUNCEMENT OF MEETINGS AND EVENTS Three or more Council Members may attend the following APRIL 6 Special City Council Meeting (Closed Executive Session) 5:30-6:20 PM Held Virtually/Closed 6 City Council Meeting 6:30 PM Held Virtually 7 Neighborhood Meeting-Meadowbrook Elementary School Parking Lot 6:00 PM Held Virtually Improvements 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) 5:15-6:00 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 MAY 4 City Council Meeting 6:30 PM Held Virtually 11 Rising TIDES Task Force Meeting 5:15 PM Held Virtually 11 HRA Work Session 6:30 PM Held Virtually 11 Council Manager Meeting 6:30 PM Held Virtually 13 Police Commission Task Force Meeting 5:00 PM Held Virtually 18 Facilities Study Task Force Meeting 3:30-5:30 PM Held Virtually 18 City Council Meeting 6:30 PM Held Virtually 27 Police Commission Task Force Meeting 5:00 PM Held Virtually 27 Golden Valley Business Council Meeting 8:30 AM to 9:30 AM Held Virtually 31 City Offices Closed for Observance of Memorial Day