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08-17-21 Council Meeting Agenda REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. Remote Attendance/Comment Options: Members of the public may attend this meeting by watching on cable channel 16, streaming on CCXmedia.org, streaming via Webex, or by calling 1- 415-655-0001 and entering access code 177 191 3854. Members of the public wishing to address the Council should call 763-593-8060. 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. Special City Council Closed Executive Session – August 10, 2021 3 B. Approval of City Check Register 4 C. Licenses 1. General Business License - New & Used Vehicle Sales Licenses 5 2. Temporary On-Sale Liquor License and Gambling License Exemption/Waiver of Notice Requirement – Church of St. Margaret Mary 6 3 Temporary On-Sale Liquor License – The Loppet Foundation 7 D. Boards, Commissions, and Task Forces: 1. Accept Resignation from the Planning Commission 8 2. Receive and File Meeting Minutes – Joint Water Commission – January 6, 2021 9-11 3. Receive and File Meeting Minutes – Joint Water Commission – March 3, 2021 12-13 4. Receive and File Meeting Minutes – Joint Water Commission – May 5, 2021 14-15 E. Bids, Quotes, and Contracts: 1. Approve Purchase of a Vactor Combo Sewer Truck from MacQueen Equipment 16-20 August 17, 2021 – 6:30 pm Hybrid Meeting City of Golden Valley City Council Regular Meeting August 17, 2021 – 6:30 pm 2 2. Approve Amendment to City Manager Employment Agreement, Resolution No. 21-58 and Accept Summary of Conclusion Regarding City Manager Performance Evaluation from Closed Executive Session on August 10, 2021 21-25 3. Authorize Change Order #1 with GMH Asphalt Corporation for 2021 Bike Lanes and Laurel Avenue Mill and Overlay Project #20-02 26-27 4. Approve Tolling Agreement Re: In Re Municipal Stormwater Pond (Case No. 18-cv- 3495) 28 F. Grants and Donations: 1. Approve Resolution No. 21-59 Accepting Grant Funding From Minnesota Pollution Control Agency (MPCA) and the Alternative Landscaping Equipment Grant Program For the Purchase of Battery Operated Landscaping Equipment For Use at Brookview 29-30 2. Approve Resolution No. 21-60 Accepting a Donation From the Golden Valley Community Foundation For a Youth and Family Music Performance 31-32 G. Approve Resolution No. 21-61, Rescinding Resolution No. 16-13 and Adopting a New Neighborhood Notification Policy 33-36 H. Approve Amendment to Temporary Employment Policy - Extending PTO and Vacation Maximum Accrual 37-39 I. Approve Resolution No. 21-62 Ordering a Feasibility Study for Streetlight and Overhead Utility Line Burial on Spring Valley Road 40-43 J. Douglas Drive/Trunk Highway 55 Pedestrian Underpass and Roundabout Project #20-19 44-66 1. Adopt Resolution No. 21-63 Accepting Funding from Minnesota Management and Budget (MMB) 2. Approve Final Design and Right of Way Services with WSB & Associates 4. Public Hearing A. Public Hearing – Ordinance No. 720 Amending the City Code to Better Regulate Pawnshops, Precious Metal Dealers, Consumer Small Loan Lenders and Currency Exchanges 67-75 B. Public Hearing on Residential Street Light District Spring Valley Road 76-77 C. Public Hearing on Residential Overhead Utility Line Burial on Spring Valley Road 78-80 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. A. Review of Council Calendar 81 B. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION MINUTES 1. Call to Order Mayor Harris called the meeting to order at 5:15 pm. Present: Mayor Shep Harris, Council Members Larry Fonnest, Maurice Harris, Gillian Rosenquist, and Kimberly Sanberg Staff present: City Manager Cruikshank 2. Conduct Annual Performance Evaluation of City Manager Tim Cruikshank Motion by Rosenquist, Second by Fonnest to go into Closed Session. Motion carried 5-0. The Council and City Manager Cruikshank met in closed session to conduct his annual performance evaluation. This meeting was closed as permitted by Minn. Stat. § 13D.05, subd. 3(a). A summary of the outcome of this meeting will be provided in the August 17, 2021 City Council meeting agenda materials. 3. Adjournment Motion by Rosenquist, Second by Fonnest to adjourn the meeting at 6:44 pm. Motion carried 5-0. ________________________________ Kimberly Sanberg, Mayor Pro Tempore ATTEST: _________________________________ Theresa J. Schyma, City Clerk August 10, 2021 – 5:15 pm Manager’s Conference Room Golden Valley City Hall 7800 Golden Valley Road Golden Valley City Council Meeting August 17, 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: • 08-10-21 Check Register Golden Valley City Council Meeting August 17, 2021 Agenda Item 3. C. 1. Approve General Business License – New/Used Vehicle Dealer Prepared By Theresa Schyma, City Clerk Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the new/used vehicle dealer businesses that are due for renewal for the 2021-2022 license period. The following applicants have met the majority of the City Code requirements for the renewal of their licenses and staff is recommending approval contingent upon the completion of a successful review of all required forms and receipt of payment. License # New/Used Vehicle Dealer Address #12898 ABC Cars and Leasing LLC 1200 Mendelssohn Avenue #12892 Borton Volvo, Inc 905 Hampshire Avenue South #12896 Golden Valley TCA A, LLC 9393 Wayzata Boulevard #12895 Golden Valley TCA P, LLC 9595 Wayzata Boulevard #12949 Golden Valley TCA F, LLC 9191 Wayzata Boulevard #12901 Jaguar/Landrover Minneapolis 8905 Wayzata Boulevard #12900 Jim Lupient Infiniti 7200 Wayzata Boulevard #12899 Morrie’s GV Cadillac LLC 7400 Wayzata Boulevard #12902 Morrie’s Luxury Auto LLC 7300 Wayzata Boulevard #12903 Northern Hospitality LLC 2420 Nevada Avenue North #12897 Poquet Auto Sales, Inc 800 Lilac Drive North #12894 Rudy Luther Toyota 8805 Wayzata Boulevard Financial Or Budget Considerations Fees received for license renewals are budgeted, and defray costs the City incurs to administer and enforce license regulations and requirements. Recommended Action Motion to authorize the renewal of the above New/Used Vehicle Dealer Licenses for a period of September 1, 2021 through August 30, 2022. Golden Valley City Council Meeting August 17, 2021 Agenda Item 3. C. 2. Temporary On-Sale Liquor License and Gambling License Exemption/Waiver of Notice Requirement – Church of St. Margaret Mary Prepared By Theresa Schyma, City Clerk Summary Church of St. Margaret Mary, 2323 Zenith Avenue North, has applied for a temporary on-sale liquor license and for a Gambling License Exemption to conduct gambling (bingo and raffle) for their outdoor Fall Festival event on September 19, 2021. Golden Valley City Code does allow temporary on-sale liquor licenses to be issued to a club or charitable, religious, or other nonprofit organization with Council approval. A certificate of liability insurance naming the City as an additional insured is also required and has been provided by the applicant. As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30- day waiting period. Financial Or Budget Considerations Fees received for temporary liquor licenses help to defray costs the City incurs to administer license requirements. Recommended Action Motion to approve a temporary on-sale liquor license and to receive and file the gambling license exemption and approve the waiver of notice requirement for Church of St. Margaret Mary, 2323 Zenith Avenue North, for their Fall Festival event on September 19, 2021. Golden Valley City Council Meeting August 17, 2021 Agenda Item 3. C. 3. Temporary On-Sale Liquor License – The Loppet Foundation Prepared By Theresa Schyma, City Clerk Summary The Loppet Foundation has applied for a temporary on-sale liquor license their event, Trail Loppet, located at 1221 Theodore Wirth Parkway on Sunday, September 19 from 9 am to 1 pm. Golden Valley City Code does allow temporary on-sale liquor licenses to be issued to a club or charitable, religious, or other nonprofit organization with Council approval. A certificate of liability insurance naming the City as an additional insured is also required and has been provided by the applicant. Financial Or Budget Considerations Fees received for temporary liquor licenses help to defray costs the City incurs to administer license requirements. Recommended Action Motion to approve a temporary on-sale liquor license for The Loppet Foundation, 1221 Theodore Wirth Parkway, for their Trail Loppet event on September 19, 2021. Golden Valley City Council Meeting August 17, 2021 Agenda Item 3. D. 1. Accept Resignation from the Planning commission Prepared By Tara Olmo, Assistant to the City Manager´s Office Summary Commissioner Ron Blum has submitted his resignation from the Planning Commission. Financial Or Budget Considerations Not applicable Recommended Action Motion to accept the resignation of Ron Blum from the Planning Commission. Golden Valley City Council Meeting August 17, 2021 Agenda Item 3. E. 1. Approve Purchase of a Vactor Combo Sewer Truck Prepared By Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Superintendent Joe Hansen, Utility Maintenance Superintendent Summary Unit 699, a 2012 Vactor 2100 has reached its useful life cycle and should be replaced. Staff evaluate vehicles and equipment on an annual basis to determine replacement programing. During inspection, it was discovered the vacuum and jetting systems need repairs. Staff was informed it would cost over $62,000 to make the repairs. The Vactor was originally scheduled for replacement in 2024 but staff proposes to purchase a new Vactor instead of repairing it due to the diminished rate of return. Lead time for the new truck is 13 month so the City would not take delivery until the middle of 2022.The Vactor is used to clean and remove debris from sanitary and storm sewers and during excavations and water main breaks. The Vactor meets replacement criteria set forth in the City’s vehicle replacement policy and Vehicle Condition Index (VCI). The VCI index is a tool utilized to assess all vehicles and equipment scheduled for replacement and any vehicle/equipment scoring 28 points and above meets the category of “needs immediate consideration.” The existing truck due for replacement scored 31 points. Financial Or Budget Considerations Staff recommends purchasing the equipment from the state contract through the State of Minnesota’s cooperative purchasing venture (CPV). The Minnesota Materials Management Division has awarded contract number 191591 through the CPV. The 2021 Water and Sewer Capital Improvement Program (CIP) includes $550,000 for the purchase of a Combination Jet/Vactor truck (W&SS-100) in 2024. Projects W&SS-083 and W&SS-107 have been postponed to keep within budget. City Council Regular Meeting Executive Summary City of Golden Valley August 17, 2021 2 Under Minnesota Statutes Section 471.345, the City may dispose of retired equipment by trading it in. MacQueen Equipment has offered $96,400 for trade-in of Unit 699. Staff believes this is a fair offer due to the needed repairs. The total cost for the Vactor is $493,842.60. The total remittance to vendor with the $96,400 trade-in is $397,442.60. Recommended Action Motion to approve purchase of a 2022 Vactor 2100I Combo Sewer Truck from MacQueen Equipment in the amount of $397,442.60. Supporting Documents • MacQueen Equipment Quote (3 pages) Golden Valley City Council Meeting August 17, 2021 Agenda Item 3. E. 2. Approve Amendment to City Manager Employment Agreement, Resolution No. 21-58 Prepared By Kirsten Santelices, Deputy City Manager/Human Resources Director Summary On December 15, 2020 the City Council passed Resolution No. 20-88, approving the Compensation and Classification Study results. The City’s consultant, David Drown Associates (DDA) graded the City Manager position at Grade 23. On August 10, 2021, the City Council conducted City Manager Cruikshank’s performance evaluation. During the evaluation, the City Council reviewed City Manager salary data collected by DDA during the Comp and Class Study in 2020 (Table 1) and the proposed amended City Manager agreement (attached). Table 1. City Manager Salary Data (2020) City Title Hourly Rate Date Salary Information Updated Position Minimum Position Maximum Eden Prairie City Manager $87.13 3/24/2020 $71.36 $83.16 Edina City Manager $83.74 4/19/2019 $71.42 $85.83 Fridley City Manager $74.76 4/9/2019 NA $76.63 Golden Valley City Manager $78.24 1/1/2020 NA NA Hopkins City Manager $78.50 4/3/2020 $64.74 $84.43 Maplewood City Manager $82.95 5/16/2019 NA NA Minnetonka City Manager $83.74 4/5/2019 $77.24 $85.83 Roseville City Manager $77.75 4/12/2019 $67.84 $81.73 Crystal City Manager $75.97 1/1/2020 $61.07 $78.52 St. Louis Park City Manager $91.36 1/1/2020 $88.23 $110.29 Summary of Conclusion Regarding City Manager Performance Evaluation Effective September 9, 2021, the City Manager will be placed into the City’s approved Compensation and Classification Grid at Step 5 ($80.40 per hour). The City Manager shall receive step increases consistent with employees across the City. The City Manager’s agreement shall be amended to reflect this change. City Council Regular Meeting Executive Summary City of Golden Valley August 17, 2021 2 Financial Or Budget Considerations The adopted Resolution will result in an increase of $888.72 in 2021, which will be absorbed in the City Manager’s budget. Recommended Action • Motion to accept Summary of Conclusion Regarding City Manager Performance Evaluation from Closed Executive Session on August 10, 2021 • Motion to adopt Resolution No. 21-58 amending the City Manager Employment Agreement. Attachments • Resolution No. 21-58 amending the City Manager Employment Agreement (2 pages) RESOLUTION NO. 21-58 RESOLUTION AMENDING THE CITY MANAGER EMPLOYMENT AGREEMENT WHEREAS, the City Council conducted its annual performance evaluation of City Manager Tim Cruikshank on August 10, 2021. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that it hereby adopts the attached Addendum to the City Manager Employment Agreement. This Agreement is effective September 9, 2021. Adopted by the Golden Valley City Council this 17th day of August, 2021. Kimberly Sanberg, Mayor Pro Tempore ATTEST: Theresa Schyma, City Clerk AMENDMENT AND ADDENDUM TO CITY OF GOLDEN VALLEY CITY MANAGER EMPLOYMENT AGREEMENT DATED: August 17, 2021 1. Paragraph 3.a. of the City of Golden Valley City Manager Employment Agreement by and between the City of Golden Valley and Timothy J. Cruikshank and dated September 9, 2015 (the “Agreement”) shall be deleted and replaced in its entirety with the following: a. Salary. Compensation is limited under Minn. Stat. § 43A.17, subd. 9, to 110% of the salary paid to the Governor of Minnesota, unless the City receives a waiver from the commissioner of Minnesota Management and Budget pursuant to Minnesota Statutes, section 43A.17, subd. 9(e). Employee’s salary is stated in the addendum attached to this Agreement, which is incorporated into this Agreement by reference. Salary shall be paid in installments on the payroll schedule established for regular city employees. 2. Addendum. The following addendum is incorporated into the Agreement: ADDENDUM TO CITY OF GOLDEN VALLEY CITY MANAGER EMPLOYMENT AGREEMENT DATED: August 17, 2021 a. Salary: On September 9, 2021, the City Manager shall move to Grade 23, Step 5 (2021 rate of $80.40 per hour) in the adopted City Classification and Compensation grid. Every year, beginning January 1, 2022, the City Manager shall receive cost of living adjustments (COLA), equal to the COLA approved by the City Council budget for all employees. The City Manager shall move to Grade 23, Step 6 on September 9, 2022, and move to Grade 23, Step 7 on September 9, 2023. The City shall apply for a waiver from the commissioner of Minnesota Management and Budget each year the City Manager’s compensation exceeds the rate established under Minn. Stat. § 43A.17, subd. 9. b. Auto Allowance: $400 / month This Amendment and Addendum was approved by the City Council on August 17, 2021 and is effective on September 9, 2021. __________________________________ Timothy J. Cruikshank, Employee CITY OF GOLDEN VALLEY, MINNESOTA By: __________________________________ Kimberly Sanberg, Mayor Pro Tempore __________________________________ Theresa J. Schyma, City Clerk Golden Valley City Council Meeting August 17, 2021 Agenda Item 3. E. 3. Authorize Change Order #1 for 2021 Bike Lanes and Laurel Avenue Mill and Overlay Project #20-02 Prepared By R.J. Kakach, P.E., Assistant City Engineer Summary In April 2021, the City entered into a contract with GMH Asphalt Corporation for construction of bike lanes and a mill and overlay on Laurel Avenue between the Canadian Pacific Railroad tracks and Jersey Avenue. During the milling portion of the project, severe and deep rutting of Laurel Avenue was discovered that was not openly apparent during the design phase, along with damaged curb and gutter. The severe rutting resulted in a change to the milling area, from a 6-foot edge mill to a full width mill. The addition milled area in turn required more asphalt pavement to be placed in the unanticipated milled area. Unfortunately, a substantial addition to estimated project quantities for asphalt milling and paving was required in order to address these issues. The attached Change Order #1 adds an additional 9500 square yards of milling, 1350 tons of paving, 300 LF of curb and gutter removal and replacement, and 5900 square feet of restoration to the project. Financial Or Budget Considerations The total cost for GMH Asphalt to add additional milling and paving, curb and gutter, and restoration work is $148,715, bringing the total project cost to $553,614.42. Funding for the Laurel Avenue Mill and Overlay Project is included in the 2021 to 2030 Capital Improvement Plan (S-013) in the amount of $500,000. The original bid amount for the mill and overlay was $175,833. Adequate funding remains in the budget to cover the cost of the change order. Recommended Action • Motion to authorize the Mayor and City Manager to execute Change Order #1 with GMH Asphalt Corporation for the 2021 Bike Lanes and Laurel Avenue Mill and Overlay Project #20-02 in the amount of $148,715. Supporting Documents • Change Order #1 with GMH Asphalt Corporation (1 pages) CITY OF GOLDEN VALLEY ENGINEERING DEPARTMENT CHANGE ORDER NO. 1 GMH ASPHALT CORPORATION PROJECT # 20-02 Contractor 9180 Laketown Road Chaska, MN 55318 To Whom It May Concern, Under your Citywide Bike Lane and Laurel Avenue Mill and Overlay Project contract dated April 20, 2021 with the City of Golden Valley, the City of Golden Valley hereby directs you to do the following: Add: _ADD 9500 SY of MILL BIT SURFACE @ $2.25/SY =_$21,375 ADD 1350 TN of TYPE SP 9.5 WEARING COURSE MIX @ $78.20/TN = $105,570 ADD 300 LF REMOVE AND REPLACE CONCRETE CURB AND GUTTER @ $35.20 = $10,560 ADD 5900 SF SITE RESTORATION @ $1.90/SF = $11,210 Grand Total C.O. 1 - = $148,715 And add to the contract, in accordance with contract and specifications, the sum of $148,715. This addition will be funded through the 2021 CIP – Pavement Management Overlays (S-013) There will be an extension of -0- days for completion. The date of completion of contract was September 30, 2021 and now will be the same. Amount of Original Contract Total Additions Total Deductions Updated Contract To Date $404,899.42 $148,715 -$0- $553,614.42 Date Approved: August 17, 2021 City of Golden Valley: GMH Asphalt Corporation: _____________________________ Kimberly Sanberg, Mayor Pro Tempore Brandon Butorac, Vice President Timothy J. Cruikshank, City Manager Golden Valley City Council Meeting August 17, 2021 Agenda Item 3. E. 4. Tolling Agreement Re: In Re Municipal Stormwater Pond (Case No. 18-cv-3495) Prepared By Maria Cisneros, City Attorney Summary On August 17, 2021 at 5:45 p.m., the Council held a closed Executive Session to discuss a pending lawsuit titled In Re Municipal Stormwater Pond. The purpose of the meeting was to discuss litigation strategy recommended by the City’s outside legal counsel. Pursuant to that discussion, the City’s outside legal counsel provided the attached Tolling Agreement for City Council consideration. Financial or Budget Considerations Not Applicable Recommended Action Approve Tolling Agreement Supporting Documents • Link to Tolling Agreement o This link is active but the document will not be officially uploaded and accessible to the public until the adjournment of the August 17 City Council Closed Executive Session. Public access will also be dependent on the outcome of that meeting. Golden Valley City Council Meeting August 17, 2021 Agenda Item 3. F. 1. Approve Resolution No. 21-59 accepting $828.23 grant funding from the Minnesota Pollution Control Agency (MPCA) and the Alternative Landscaping Equipment Grant program for the purchase of battery operated landscaping equipment to be utilized at Brookview. 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. A cash donation must be acknowledged and accepted by motion with a simple majority. We have prepared the following resolution detailing the specific donor and their fiscal gift for your consideration. Financial Or Budget Considerations Accept grant in the amount of $828.23 Recommended Action Motion to adopt Resolution No. 21-59 accepting a grant from the Minnesota Pollution Control Agency (MPCA) and the Alternative Landscaping Equipment Grant program for the purchase of battery operated landscaping equipment to be utilized at Brookview. Supporting Documents • Resolution No. 21-59 accepting a donation of a grant from the Minnesota Pollution Control Agency (MPCA) and the Alternative Landscaping Equipment Grant program for the purchase of battery operated landscaping equipment to be utilized at Brookview. RESOLUTION NO. 21-59 RESOLUTION ACCEPTING A GRANT FROM THE MINNESOTA POLLUTION CONTROL AGENCY (MPCA) FOR ALTERNATIVE LANDSCAPING EQUIPMENT 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 donation on behalf of its citizens: $828.23 grant funding from the MPCA and the Alternative Landscaping Equipment Grant program for the purchase of battery operated landscaping equipment to be utilized at Brookview. Adopted by the City Council of Golden Valley, Minnesota this 17th day of August, 2021. Kimberly Sanberg, Mayor Pro Tempore ATTEST: Theresa Schyma, City Clerk Golden Valley City Council Meeting August 17, 2021 Agenda Item 3. F. 2. Accept donation of a youth and family music performance, Resolution No. 21-60 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. A cash donation must be acknowledged and accepted by motion with a simple majority. We have prepared the following resolution detailing the specific donor and their fiscal gift for your consideration. Financial Or Budget Considerations Accept youth and family music performance valued at $750.00. Recommended Action • Motion to adopt Resolution No. 21-60 accepting the donation of a youth and family music performance from the Golden Valley Community Foundation valued at $750.00. Supporting Documents • Resolution No. 21-60 accepting a donation from the Golden Valley Community Foundation for a youth and family music performance valued at $750.00. RESOLUTION NO. 21-60 RESOLUTION ACCEPTING THE DONATION OF A YOUTH AND FAMILY MUSIC PERFORMANCE FROM THE GOLDEN VALLEY COMMUNITY FOUNDATION 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: Youth and family music performance valued at $750.00 Adopted by the City Council of Golden Valley, Minnesota this 17th day of August, 2021. Kimberly Sanberg, Mayor Pro Tempore ATTEST: Theresa Schyma, City Clerk Golden Valley City Council Meeting August 17, 2021 Agenda Item 3. G. Neighborhood Notification Policy Update, Resolution No. 21-61 Prepared By Jason Zimmerman, Planning Manager Summary It light of advancements in technology tested during the COVID Emergency Administrative Action period, staff has prepared an update to the Neighborhood Notification Policy, used to communicate with the public in advance of a planning action at the Planning Commission. Instead of a strictly in- person meeting, the updated policy would require a virtual option also be provided. This is consistent with the City’s accommodation of remote participation at other hybrid meetings. Recommended Action Motion to adopt Resolution No. 21-61, Rescinding Resolution 16-13 and Adopting a new Neighborhood Notification Policy. Supporting Documents • Resolution No. 21-61, Rescinding Resolution 16-13 and Adopting a new Neighborhood Notification Policy (1 page) • Underline/Overstruck Neighborhood Notification Policy (2 pages) RESOLUTION NO. 21-61 RESOLUTION RESCINDING RESOLUTION NO. 16-13 AND ADOPTING A NEW NEIGHBORHOOD NOTIFICATION POLICY WHEREAS, development of land can result in visual and physical impacts to neighboring properties; and WHEREAS, developers and property owners have an obligation to share potential changes with neighboring property owners; and WHEREAS, open communication with an opportunity to provide feedback in a timely fashion is a priority; and WHEREAS, it is appropriate for this communication to be accessible to a wide audience and need not involve solely an in-person meeting; and WHEREAS, the current Neighborhood Notification Policy does not allow for remote attendance. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Golden Valley rescinds Resolution No. 16-13 and adopts a new Neighborhood Notification Policy dated August 17, 2021, which provides for a virtual option. Adopted by the City Council this 17th day of August, 2021. Kimberly Sanberg, Mayor Pro Tempore ATTEST: Theresa Schyma, City Clerk City of Golden Valley Planning Neighborhood Notification Policy Adopted August 17, 2021 Purpose Statement: Neighborhood notification is an additional effort on the part of the City to enhance the communication and education of residents regarding submitted Planning applications in advance of the public hearings already required by State statute and City code. Neighborhood notification shall be conducted whenever a proposal is located within or adjacent to a residential zoning district, or when, in the option of Planning staff, the potential impact is great enough to warrant such a notification. Proposals for Conditional Use Permits (CUPs), subdivisions, rezonings, and Comprehensive Plan amendments shall require the notification be through a mailing. Proposals for Planned Unit Developments (PUDs) and major amendments to PUDs shall require the notification be through a neighborhood meeting and shall include a virtual option (hybrid). Mailings (CUP, subdivision, rezoning, Comprehensive Plan amendment) The applicant shall prepare a mailing regarding the proposal in order to provide information to residents and allow them time to give feedback to staff prior to the public hearing. Mailing Guidelines: 1. Mailings shall be sent out by the applicant after the formal application has been received by the City and deemed to be complete. Mailings shall be sent out to the same properties that will be notified for the public hearing, or to a larger area if staff feels it is warranted, and shall be received at least 10 days prior to the date of the Planning Commission meeting. If Planning staff feels additional time is warranted to solicit neighborhood input, mailings may be required to be sent out earlier. 2. A draft of the entire mailing must be reviewed by Planning staff prior to sending. 3. A copy of the mailing shall be sent to Planning staff, who will forward it to members of the Planning Commission and the City Council. Mailings shall include the following: • Applicant name, address, and phone number • Location of proposed project (map) • Narrative describing the proposed project and specific application request • Copies of any relevant plans • Outline of expected process (i.e., informal public hearing at Planning Commission followed by formal public hearing at City Council, etc.) • Contact information for Planning staff The following circumstances describe situations in which the potential exists for there to be relatively greater impacts to residential neighborhoods. In these cases, staff shall require a meeting in place of the usual mailing in order to fully engage neighbors early in the process: Conditional Use Permit – a request for a CUP that indicates a significant impact to a residential neighborhood with respect to an increase in traffic, population density, or other CUP factors Subdivision – a subdivision proposal that involves a variance; a subdivision proposal that follows or results from a lot consolidation Rezoning – a proposal that involves one of the following changes: 1) Any property zoned residential (R-1, R-2, R-3, or R-4) to a non-residential zoning 2) R-1 or R-2 zoned property to R-3 or R-4 zoned property 3) Any property zoned Institutional to a non-Institutional zoning Comprehensive Plan amendment – a proposal that involves one of the following changes: 1) Any property designated Residential to a non-Residential designation 2) Any property designated Low Density Residential to a Medium Low, Medium High, or High Density Residential designation 3) Any property designated Open Space, Schools & Religious Facilities, Public Facilities, or Semi-Public Facilities to any other designation Meetings (PUD, major PUD amendment) The applicant shall hold the neighborhood meeting at City Hall or another public location approved by staff in order to provide information to residents and to gather feedback prior to the public hearing. Meeting Guidelines: 1. The meeting shall be scheduled after the formal application has been received by the Planning Division but at least 7 days prior to the informal public hearing at the Planning Commission. Notices shall be sent out by the applicant to the same properties that will be notified for the public hearing, or to a larger area if staff feels it is warranted, and shall be received at least 10 days prior to the meeting date. If Planning staff feels additional time is warranted to receive neighborhood input, meetings may be scheduled prior to the submission of a formal application. 2. Meetings shall be held between 6:30 and 8 pm, Monday through Thursday. Meetings shall not be held on holidays. The applicant is required to check potential meeting dates with Planning staff. 3. The applicant shall host the meeting and make the presentation. A City representative shall be in attendance to observe and to answer questions about City policy and process. An option to attend the meeting remotely shall be provided. 4. A copy of the neighborhood meeting notice shall be sent to Planning staff, who will forward it to members of the Planning Commission and the City Council. 5. A sign-in sheet shall be kept and a copy provided to Planning staff, along with a summary of the meeting, after its conclusion. Notices shall include the following: • Applicant name, address, and phone number • Location of proposed project (map) • Narrative describing the proposed project and specific application request • Meeting date, time, and location • Outline of expected process (i.e., informal public hearing at Planning Commission followed by formal public hearing at City Council, etc.) • Contact information for Planning staff Golden Valley City Council Meeting August 17, 2021 Agenda Item 3. H. Extending Temporary Employee Policy: PTO and Vacation Maximum Accrual Prepared By Kirsten Santelices, Deputy City Manager/Human Resources Director Summary In response to the COVID-19 pandemic, the City Manager enacted several policies to protect the health and safety of City employees and community members. On June 15, 2021, the City Council terminated the local emergency by resolution. In addition to terminating the local emergency, many temporary policies and administrative actions were terminated, effective July 1, 2021. The following temporary employment policies were also terminated on July 1, 2021: • Temporary Employee Travel Policy • Temporary Employee Recall Policy In April 2020, the City approved a Temporary PTO and Vacation Maximum Accrual Policy, which allowed employees under specific conditions to accrue PTO and Vacation hours beyond their existing maximum accrual. On November 17, 2020, City Council approved an extension of this temporary policy through August 29, 2021 for employees who, to ensure continuity of operations, were denied the use of their time off. For the next seven months, the City continued to deny vacation and PTO for staffing purposes. As a result, City Staff propose extending the Temporary PTO and Vacation Maximum Accrual Policy through December 19, 2021. Financial Or Budget Considerations Not applicable Recommended Action Motion to approve amendment to Temporary Employment Policy Supporting Documents • Temporary PTO and Vacation Accrual Policy (2 pages) Temporary Employment Policies in Response to COVID-19 Pandemic 1 PTO and Vacation Maximum Accrual Effective 4/8/2020 – Updated 10/28/2020 – Revised 08/17/2021 Under the City’s existing leave policies employees accrue vacation hours or paid time-off (PTO) hours each pay period. The hours are accrued according to an accrual schedule, which is based on an employee’s years of service. Each accrual schedule has a maximum number of accrual hours. The City’s current vacation and PTO accrual schedules can be found here. Under existing policies, an employee no longer accrues vacation or PTO hours once they have reached the maximum number of accrual hours within their schedule. Temporary Policy and Conditions Under this temporary policy, employees are eligible to accrue vacation and PTO or vacation hours beyond their existing maximum accrual, provided all of the following conditions are met: • The employee is a full-time regular or part-time regular benefit earning employee; • The employee is within 40 hours of, or has already exceeded, their existing maximum accrual balance at any time between April 8, 2020 and December 31, 2020; • the employee has submitted a vacation or paid time-off request between April 8, 2020 and December 31, 2020, and • the employee’s Department Head or the City Manager denied the employee’s vacation or paid-time off request to preserve continuity of City operations. If an employee reaches the maximum vacation or PTO accrual within their schedule, but has not been denied the opportunity to use such leave, the employee shall stop accruing leave hours pursuant to the existing vacation and PTO policies. Process When an employee meets the conditions listed above the employee should email their department head and human resources with a request to extend their vacation or PTO maximum accrual. The request shall be reviewed and approved or denied by the City Manager. Upon approval, employees shall continue to accrue vacation or PTO hours above their existing maximum accrual until December 31, 2020. All vacation hours and PTO hours accrued beyond the existing maximum accrual must be used by December 31, 2020. Employees shall follow normal vacation or PTO request policies and procedures. Except as described in the policy below, vacation or PTO hours accrued beyond the existing maximum accrual shall not carry over to the following calendar year. The City shall buy back up to 47.84 hours of PTO or Vacation hours. All other hours that are not used by December 31, 2020 shall be forfeited. The forfeited accrued but unused hours shall not be paid out to employees in the form of cash or any other type of compensation. Employees shall receive the PTO/Vacation buy back on their December 18, 2020 paycheck. Temporary Employment Policies in Response to COVID-19 Pandemic 2 Temporary Policy Extension Effective 11/18/2020 – Revised 8/17/2021 Beginning November 18, 2020, the following policy shall apply only in cases where to ensure continuity of operations the City has continued to deny an employee their use of vacation or PTO: 1. The City shall buy back up to 47.84 hours of PTO or Vacation from employees who, by December 6, 2020 are over their maximum accrual, to be paid on December 18, 2020. 2. Only employees under this temporary policy extension shall continue accruing PTO or Vacation hours beyond their existing maximum accrual until August 29, 2021. • Employees will be required to use all of their PTO or Vacation hours beyond their maximum by August 29, 2021, or they will forfeit the time. o Any vacation or PTO hours accrued over the maximum accrual will not be paid out to the employee. • Employees under this temporary policy extension shall continue accruing PTO or Vacation hours beyond their existing maximum accrual until December 19, 2021. o Employees will be required to use all of their PTO or Vacation hours beyond their maximum by December 19, 2021, or they will forfeit the time, and it will not be paid out to the employee. G:\City Council agendas\Agenda Packets\2021\08-17-21\+-3I - Resolution - feasibility study for the Streetlight and Overhead Utility Line Burial on Spring Valley Road\3I1 - Adopt Resolution to Order Feasiblity Study.docx Golden Valley City Council Meeting August 17, 2021 Agenda Item 3. I. Adopt Resolution No. 21-62 to Order Feasibility Study for Streetlight and Overhead Utility Line Burial on Spring Valley Road Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, PE, Assistant City Engineer Summary At the August 4, 2021 City Council meeting, a feasibility report for streetlight and overhead utility line burial on Spring Valley Road was authorized. As required by law with feasibility reports, a resolution must be adopted as part of the authorization. The resolution was not included in the August 4th agenda materials, however the motion was granted and therefore staff is including the resolution as part of the August 17, 2021 City Council meeting to meet the requirements and correct the omission. Financial Or Budget Considerations None at this time. More information on financial and budget impacts will be determined as part of the feasibility study. Recommended Action Motion to adopt Resolution No. 21-62 Ordering Preparation of Feasibility Report for Streetlight and Overhead Utility Line Burial on Spring Valley Road. Supporting Documents • Location Maps (2 pages) • Resolution No. 21-62 Authorizing Preparation of the Feasibility Report for Streetlight and Overhead Utility Line Burial on Spring Valley Road (1 page) !³ !³ !³ !³ !³ Spring Valley Rd Angelo Dr144814301449 1410 1415 1416 1431 1400 1401 1410 1325 1319 1315 1330 1334 1250 1300 1326 1318 1320 1422 1445 1305 1400 0 100 20050Feetby the City of Golden Valley, 12/12/2018 I Spring Valley RdOverhead to Under gr ound Conver sion !³Streetlight Electric Line, Propose d Burial !³ !³ !³ !³ !³ !³Angelo DrSpring Valley Rd Winsdale St St Croix Cir 1546 1460 1530 1440 1455494549374931 144814301449 1550 5025 4901 1444 1410 1415 1416 1431 1400 1401 1410 1325 131913151330 1334 1538 1250 1242 1230 1300 1326 1318 1320 1200 1422 1445 1305 1400 1420 0 150 30075Feetby the City of Golden Valley, 3/22/2021 I Spring Valley Rd Street Light Improvements Light Fixture !³Cobra Head !Upgrade to Decorative Light Street Lighting District Existing RSL 39 New District for Decorative Lighting RESOLUTION NO. 21-62 RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR CITY IMPROVEMENT PROJECT FOR STREETLIGHT AND OVERHEAD UTILITY LINE BURIAL ON SPRING VALLEY ROAD WHEREAS, it is proposed to bury overhead utility lines and install new street lights and to assess the benefited properties pursuant to Minnesota Statutes Chapter 429 along Spring Valley Road: Streetlighting Overhead Utility Line Burial 1315 Spring Valley Road 1318 Spring Valley Road 1318 Spring Valley Road 1320 Spring Valley Road 1319 Spring Valley Road 1326 Spring Valley Road 1320 Spring Valley Road 1334 Spring Valley Road 1325 Spring Valley Road 1400 Spring Valley Road 1326 Spring Valley Road 1410 Spring Valley Road 1334 Spring Valley Road 1400 Spring Valley Road 1401 Spring Valley Road 1410 Spring Valley Road 1415 Spring Valley Road 1420 Spring Valley Road 1431 Spring Valley Road 1445 Spring Valley Road NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota that the proposed improvements be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are feasible and as to whether they should best be made as proposed or in connection with some other improvements, and the estimated cost of the improvements as recommended. Passed by the City Council of Golden Valley, Minnesota this 17th day of August 2021. Kimberly Sanberg, Mayor Pro Tempore ATTEST: _____________________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting August 17, 2021 Agenda Item 3. J. Douglas Drive/Trunk Highway 55 Pedestrian Underpass and Roundabout Project #20-19 1. Adopt Resolution No. 21-63 Accepting Funding from Minnesota Management and Budget (MMB) 2. Approve Final Design and Right of Way Services with WSB & Associates Prepared By R.J. Kakach, Assistant City Engineer Summary In March of 2020, City Council authorized a professional services agreement with WSB & Associates, Inc. for preliminary design services on the Douglas Drive/Trunk Highway 55 Pedestrian Underpass and Roundabout Project. The preliminary design advanced the project design from the 30% level to the 75% level. The project was then submitted for State funding through the Senate Capital Investment Committee. The solicitation was successful and $6,500,000 of state funding for the project was included in the 2020 Bonding Bill. The attached resolution accepts the funding from MMB for the project. With project funding in place, staff solicitated a professional services agreement from WSB & Associates, Inc. for final design and right of way services. Tasks include public engagement, private utility coordination, survey work, geotechnical work including soil borings, structural design of the underpass, headwalls, and retaining walls, coordination with MNDOT and adjacent properties, analysis of traffic operations, final plan preparation, and right of way acquisition coordination. The exact schedule will be determined through final design, however the anticipated schedule is outlined below: Right of Way Acquisition Fall 2021 – Fall 2022 Open House Early 2022 Final Design Summer/Fall 2022 Bid Project Fall/Winter 2022 Begin Construction May 2023 Complete Construction November 2023 MMB Funds Spent by Date December 31, 2024 City Council Regular Meeting Executive Summary City of Golden Valley August 17, 2021 2 Financial Or Budget Considerations The total cost for WSB & Associates, Inc. to provide Final Design and Right of Way services for the Douglas Drive & Trunk Highway 55 Pedestrian Underpass and Roundabout Project is $512,184. Anticipated funding for these services in included in the 2022 Street CIP Program (S-048) in the amount of $3,500,000. An additional $3,500,000 is allocated in 2023. Recommended Action 1. Motion to adopt Resolution No. 21-63 accepting funding from Minnesota Management and Budget 2. Motion to authorize the Mayor and City Manager to execute an agreement for Final Design and Right of Way Services for Douglas Drive and Trunk Highway 55 Pedestrian Underpass and Roundabout Project #20-19 in the form approved by the City Attorney with WSB & Associates for an amount not to exceed $512,184. Supporting Documents • Location Map (1 page) • Resolution No. 21-63 Accepting Funding from Minnesota Management and Budget (1 page) • 2020 Local Road Improvement LRIP Legislative Earmark (2 pages) • Agreement with WSB & Associates (17 pages) !!!!!!!!! ! ! !!!!!!!!! !!!!!!!!!!! ! ! 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LocationMap RESOLUTION NO. 21-63 RESOLUTION ACCEPTING FUNDING FROM MINNESOTA MANAGEMENT AND BUDGET FOR THE DOUGLAS DRIVE/TRUNK HIGHWAY 55 PEDESTRIAN UNDERPASS AND ROUNDABOUT PROJECT WHEREAS, Minnesota Statute 465.03 allows cities to accept grants and donations of real or personal property for the benefit of its citizens in accordance with the terms prescribed by the grantor or donor, and, WHEREAS, the City Council, League of Minnesota Cities, and State Legislators prioritized Douglas Drive/Trunk Highway 55 Pedestrian Underpass and Roundabout Project to improve safety and operation at the Douglas Drive and Trunk Highway 55 intersection, and, WHEREAS, the project was successfully approved for state funding through the Senate Capital Investment Committee, and, WHEREAS, $6,500,000 has been legislatively earmarked for the project, 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, and NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following grant from Minnesota Management and Budget for $6,500,000. Adopted by the City Council of Golden Valley, Minnesota this 17th day of August 2021 _____________________________ Kimberly Sanberg, Mayor Pro Tempore ATTEST: _____________________________ Theresa Schyma, City Clerk State Aid for Local Transportation 395 John Ireland Blvd., MS 500 St. Paul, MN 55155 Phone: 651-366-3800 1 of 2 2020_Golden Valley_55-DouglasLRIPSelLet.docx November 2, 2020 Jeff Oliver Golden Valley City Engineer 7800 Golden Valley Rd Golden Valley, MN 55427 Re: 2020 Local Road Improvement Program (LRIP) Legislative Earmark Dear Mr. Oliver, Congratulations! On October 21, 2020, the governor signed House File 1 into law as Minnesota Laws 2020, 5th Special Session, Chapter 3- H.F. 1. Section 16, Subdivision 7, appropriated $6,500,000 for a grant to the City of Golden Valley for work associated with improvements at the intersection of Douglas Drive and TH 55. Note that these funds are set to expire on December 31, 2024. See session law text below: Subd. 7. Golden Valley; Douglas Drive and Highway 55 6,500,000 From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for a grant to the city of Golden Valley to construct public safety improvements at the intersection of Douglas Drive and Highway 55, including a box culvert underpass across Highway 55, a roundabout and extended frontage road south of Highway 55, retaining wall construction, underground utility relocation, sidewalk and trail connections to existing facilities, Americans with Disabilities Act- compliant facilities, and landscaping. These earmarked funds will likely be administered through State Aid and would then require execution of an LRIP grant agreement before funds can be accessed. Below is a summary of recommended next steps and a high level description of the required process and timing for execution of one or more LRIP grant agreements. • Please schedule a kick-off meeting with your District State Aid Engineer (DSAE) and me in the next few weeks or months. If there will be impacts to the trunk highway system, please include a MnDOT project manager in the meeting as well. Topics at the meeting should include: 1. Overview by the local agency of the project, including scope, schedule, and anticipated funding sources and how those funds are planned to be applied to the various project components. Different funding sources have different rules. 2. Process and requirements relative to plan development, and State Aid review and approval. 3. Minnesota Management and Budget’s (MMB) role in administering and releasing funds, and the associated requirement that the local agency demonstrate full funding for all of the work types identified in the appropriation. MMB must concur in the demonstration of full funding before MMB will release the funds. It is this release of funds by MMB that allows MnDOT to encumber the earmarked funds on behalf of the local agency. Please review this requirement prior our meeting, as outlined on pages 12-14 of MMB’s Capital Grants Manual: https://mn.gov/mmb/debt-management/capital-projects/capital-grants-manual/ 2 of 2 2020_Golden Valley_55-DouglasLRIPSelLet.docx Depending on the complexity of the project and funding plan, we may recommend an early kick-off meeting with MMB as well. 4. LRIP grant agreement requirements and timing. See bullet below for more information. • One or more LRIP grant agreements, which will be coordinated through my group in State Aid, are required before funds can be accessed by the local agency. These grant agreements can only be executed after MMB has concurred with the local agency’s demonstration of full funding and after MMB has released the funds. LRIP grant agreements include terms that allow for payments on a reimbursement basis as part of regular State Aid pay requests. Each grant agreement will require a funding letter written by my group and an encumbrance letter written by State Aid Finance. After MMB has concurred with the local agency’s demonstration of full funding, you will work with your DSAE to provide the necessary documentation that is required for me to issue a funding letter and for State Aid Finance to issue an encumbrance letter. This documentation must differentiate between LRIP bond-eligible and non-bond-eligible items. Please work with your DSAE on making this determination. I can assist as well. o For earmarks that do not include construction as an eligible work type, the funding letter and encumbrance letter typically are provided concurrently when complete professional/technical related costs are known and have been submitted to my group. If right of way acquisition is an eligible work type and funds are spent on this, the funding letter and encumbrance letter typically are provided concurrently after a right of way acquisition plan has been approved by your DSAE and submitted to my group. o For earmarks that include construction as an eligible work type, the funding letter is typically provided after the final engineer’s estimate is complete and submitted to my group. After bids are opened, you will need to send the low bid documents to your DSAE, State Aid Finance, and my group. State Aid Finance will then write an encumbrance letter with the final funding summary. You will use the numbers in the encumbrance letter to complete a draft LRIP grant agreement for review by my staff. After the draft grant agreement has been approved by my group, you will obtain board or council action and local agency signatures. You will then send the signed grant agreement to my group for final execution at MnDOT. In most cases, the LRIP grant agreement(s) should be fully executed before work begins, though costs incurred after the earmark effective date are eligible for re- imbursement. Again, congratulations on being selected for legislative funding for your project. I look forward to working with you on the development of your project. Please contact your DSAE to schedule a kick-off meeting, and feel free to contact me during project development as you have grant-related questions. Sincerely, Marc Briese State Aid Programs Engineer copy: Dan Erickson, Metro District State Aid Engineer 1 PROFESSIONAL SERVICES AGREEMENT FOR FINAL DESIGN AND RIGHT OF WAY SERVICES DOUGLAS DRIVE AT TRUNK HIGHWAY 55 UNDERPASS AND INTERSECTION IMPROVEMENTS CITY PROJECT #20-15 THIS AGREEMENT is made this August 17, 2021 (“Effective Date”) by and between WSB and Associates a Minnesota corporation with its principal office at 701 Xenia Avenue South, Suite #300, Minneapolis, MN 55416 (“Consultant”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Consultant is engaged in the business of providing professional engineering consulting services. B. The City desires to hire Consultant to provide Final Design and Right of Way Services for the Douglas Drive and Trunk Highway 55 Underpass and intersection Improvements. C. Consultant represents that it has the professional expertise and capabilities to provide the City with the requested professional services. D. The City desires to engage Consultant to provide the services described in this Agreement and Consultant is willing to provide such services on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and Consultant agree as follows: AGREEMENT 1. Services. Consultant agrees to provide the City with professional consulting services as described in the attached Exhibit A (the “Services”) at the locations depicted in the attached Exhibit B. Exhibits A and B shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. Consultant may reasonably rely on information and documents provided by or through the City. 2. Time for Completion. The Services shall be completed on or before December 31, 2023, provided that the parties may extend the stated deadline upon mutual written agreement. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Consultant for the Services on an hourly basis and for necessary out-of-pocket expenses at the rates set forth in Consultant’s fee schedule, attached hereto as Exhibit C. Consultant’s total compensation for the Services, including hourly fees and expenses, shall not exceed $512,184. The consideration shall be for both the Services performed by Consultant and any and all expenses incurred by Consultant in performing the Services. The City shall make progress payments to Consultant on a monthly basis. Consultant shall submit statements to the City containing a detailed list 2 of project labor and hours, rates, titles, and amounts undertaken by Consultant during the relevant billing period. The City shall pay Consultant within thirty (30) days after Consultant’s statements are submitted. 4. Approvals. Consultant shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Services. The City’s approval may be provided via electronic mail. 5. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Consultant’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Consultant for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 7. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 8. Remedies. In the event of a termination of this Agreement by the City because of a breach by Consultant, the City may complete the Services either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Consultant’s breach. 9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that the books, records, documents, and accounting procedures and practices of Consultant, that are relevant to this Agreement or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Consultant shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 10. Indemnification. To the fullest extent permitted by law, Consultant, and Consultant's successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but not limited to reasonable attorneys’ fees, professional services, and other technical, administrative or professional assistance to the extent resulting from Consultant’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) negligent performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Consultant, or arising out of Consultant’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation 3 of liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 11. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: A. Workers’ Compensation and Employers’ Liability 1. Coverage A: Per state statute 2. Coverage B: $500,000 each accident $500,000 Disease – policy limit $500,000 Disease – each employee B. Commercial General Liability 1. $2,000,000 General Aggregate 2. $2,000,000 Products—Completed Operations Aggregate 3. $1,000,000 Each Occurrence 4. $1,000,000 Personal Injury C. Commercial Automobile Liability 1. $1,000,000 Combined single limit bodily injury and property damage. The Commercial Automobile Liability shall provide coverage for the following automobiles: i. All owned automobiles ii. All non-owned automobiles iii. All hired automobiles D. Umbrella Liability 1. $10,000,000 Each claim 2. $10,000,000 Annual aggregate The umbrella liability shall provide excess limits for the commercial general liability policies. E. Professional and Pollution Incident Liability Professional liability insurance including pollution incident liability coverage with limits of not less than: 1. $5,000,000 per claim 2. $5,000,000 annual aggregate Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies 4 of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment. 12. Assignment. Neither the City nor Consultant shall assign or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in this Agreement without the prior written consent of the other except to the extent that the effect of this limitation may be restricted by law. Any assignment in violation of this provision is null and void. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Consultant from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this Agreement. Any instrument in violation of this provision is null and void. 13. Independent Contractor. Consultant is an independent contractor. Consultant’s duties shall be performed with the understanding that Consultant has special expertise as to the services which Consultant is to perform and is customarily engaged in the independent performance of the same or similar services for others. Consultant shall provide or contract for all required equipment and personnel. Consultant shall control the manner in which the services are performed; however, the nature of the Services and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Consultant is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All services provided by Consultant pursuant to this Agreement shall be provided by Consultant as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 14. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to provide the Services. Consultant’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Consultant agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 15. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall constitute the entire agreement between the City and Consultant, and supersedes any other written or oral agreements between the City and Consultant. This Agreement may only be modified in a writing signed by the City and Consultant. If there is any conflict between the terms of this Agreement and the referenced or attached items, the terms of this Agreement shall prevail. If there is any conflict between this Agreement and Exhibits A or B, the terms of this Agreement shall prevail. 16. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 17. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement 5 shall be mediated with a mutually acceptable third-party neutral within 90 days of either party giving notice to the other of a dispute, controversy or claim. If such mediation is unsuccessful, the dispute, controversy, or claim shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 18. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and appearances of impropriety in its representation of the City. In the event of a conflict of interest, Consultant shall advise the City and either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Services. 19. Work Products and Ownership of Documents. All records, information, materials, and work product, including, but not limited to the completed reports, data collected from or created by the City or the City’s employees or agents, raw market data, survey data, market analysis data, and any other data, work product, or reports prepared or developed in connection with the provision of the Services pursuant to this Agreement shall become the property of the City, but Consultant may retain reproductions of such records, information, materials and work product. Regardless of when such information was provided or created, Consultant agrees that it will not disclose for any purpose any information Consultant has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or interests in any intellectual property created by Consultant prior to the effective date of this Agreement; however, to the extent Consultant generates reports or recommendations for the City using proprietary processes or formulas, Consultant shall provide the City (1) factual support for such reports and recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the obligations in this paragraph shall survive the completion or termination of this Agreement. Any reuse of the records, information, materials, or work product without written verification or adaptation by Consultant will be at the City’s sole risk and without liability or legal exposure to Consultant. 20. Agreement Not Exclusive. The City retains the right to hire other professional service providers for this or other matters, in the City’s sole discretion. 21. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant, created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Consultant agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Consultant to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 22. No Discrimination. Consultant agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Consultant agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Consultant agrees to hold harmless and indemnify the City from costs, including but not limited to damages, reasonable attorneys’ fees and staff time, in any action or 6 proceeding brought alleging a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Consultant shall provide accommodation to allow individuals with disabilities to participate in all Services under this Agreement. Consultant agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 23. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Jeff Oliver, City Engineer, or designee. Consultant’s authorized agent for purposes of administration of this contract is Jen Koehler, or designee who shall perform or supervise the performance of all Services. 24. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONSULTANT THE CITY WSB and Associates, Inc. Andrew Plowman, P.E. 701 Xenia Avenue South, #300 Minneapolis, MN 55416 aplowman@wsbeng.com City of Golden Valley Jeff Oliver 7800 Golden Valley Road Golden Valley, MN 55437 joliver@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 26. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 27. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 28. Payment of Subcontractors. Consultant agrees that it must pay any subcontractor within 10 days of the Consultant’s receipt of payment from the City for undisputed Services provided by the subcontractor. Consultant agrees that it must pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from Consultant must be awarded its costs and disbursements, including attorneys’ fees, incurred in bringing the action. 29. Publicity. At the City’s request, the City and Consultant shall develop language to use when discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Consultant shall not use the City’s logo or state that the City endorses its services without the City’s advanced written approval. 7 30. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 31. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Consultant did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Consultant, described in this Agreement, personally. 32. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as original signatures. 33. Recitals. The City and Consultant agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. WSB AND ASSOCIATES, INC.: CITY OF GOLDEN VALLEY: By: _________________________________ Name: ______________________________ Title: _______________________________ By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager 8 EXHIBIT A SCOPE OF SERVICES K:\016121-000\Admin\Contract\Letter proposal - Final Design1.docx701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COMAugust 2, 2021 Mr. Jeff Oliver, PE City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Re: Proposal for Final Design and Right of Way Services – Douglas Drive at TH 55 Underpass and Intersection Improvements Dear Mr. Oliver: WSB is pleased to submit this proposal for the final design and right of way services for the Douglas Drive at TH 55 Underpass and Intersection Improvements. WSB will complete the design, plan preparation, public engagement and right of way in order for the project to be completed in 2023. Below is a summary of our proposed scope. CONSULTANT SERVICES Task 1 – Project Management Project Administration: The project will be led by Andrew Plowman, as the project manager. He will provide monthly project updates that accompany the monthly invoices. The update will provide information on the status of the project including; budget, schedule and upcoming major milestones. General Coordination: This task will include coordination with review agencies, residents and the project team from the City and WSB. This will include coordination through email or phone calls to ensure the project is progressing. Agency Meetings: WSB will lead all agency meetings, including but not limited to, MnDOT, Met Council, Hennepin County, Perpich School and Metro Transit. PMT Meetings: WSB will lead regular project management team (PMT) meetings to discuss the status of the project and key deliverables, to ensure the project stays on track regarding budget and schedule. WSB will prepare a draft agenda and meeting minutes for each meeting. The agenda will be sent out a minimum of 24 hours before each meeting. The meeting minutes will be sent out a maximum of 2 days after the meeting. The minutes will track key components of the meetings and action items. Task 2 – Public Engagement Materials: WSB will create layouts, boards and project materials that will be used for the project website and open houses. Jeff Oliver, PE August 2, 2021 Page 2 K:\016121-000\Admin\Contract\Letter proposal - Final Design1.docx Coordination Meetings: WSB will meet with the City to determine the strategy for public engagement and review feedback from the public. Visualizations: WSB has the capability of providing life-like renderings and fly throughs of the proposed improvements. They will visualize the project and utilize this on the project website and open houses. It will show how the box culvert will fit with the terrain and how the mini-roundabout will operate. Open House: WSB will lead (2) open houses for the public. The first will be to describe the project and get feedback, the second will share information regarding the construction staging and timeframe. Website: WSB will develop a website that includes the information shared at the open houses. The website will be updated once every month to two months. Task 3 – Structural Design/Geotechnical Investigation Final Design Box Culvert/Walls: This task will include preliminary calculations and design of the walls and box culvert. Alternatives will be analyzed regarding configuration, footing concepts and other treatment conditions. Structural Plan Preparation: WSB will complete preliminary and final bridge plans for submittal to Minnesota Department of Transportation (MnDOT). The deliverables will include all information necessary to construct the walls and bridge requirements according to code. WSB will also provide special provisions to be used in the project manual. Geotechnical Borings/Report: We propose to complete 3 standard penetration test (SPT) borings to depths of 35 feet each below grade in the pedestrian tunnel area. We will also complete 5 SPT borings to a depth of about 5 feet each in the proposed roundabout, parking and drive areas. We plan to provide an additional 4 SPT borings to a depth of approximately 10’ for the area near the Lockup Property. In the standard penetration test borings we will sample and record blow counts at 2½ foot intervals to the boreholes termination depth. Information gathered for this project will be used to prepare a geotechnical report. The report will summarize our findings and provide a discussion of subsurface soil and groundwater conditions encountered in our borings and how they may affect the proposed construction of pedestrian tunnel foundations, subsurface walls, slabs and pavements. The report will also provide recommendations for an allowable soil bearing pressure for footing design, along with estimates of groundwater depths/elevations and settlement under our assumed or given structural loads, site grading, and a discussion of soils for use as structural backfill or fill. Task 4 – Final Design Plan Preparation: WSB will prepare all plan sheets necessary for bidding. This will include the plan sections as indicated in the MnDOT Sample plan. R/W Plan Preparation: WSB will prepare a right of way plan that depicts the right of way needed for the project. This will be completed prior to the final design plan. This will be completed in order for the City to request bonding funds prior to construction commencing. Jeff Oliver, PE August 2, 2021 Page 3 K:\016121-000\Admin\Contract\Letter proposal - Final Design1.docx Staff Approved Layout: WSB will develop a geometric layout meeting MnDOT standards. They will work closely with MnDOT and Geometrics Design Support Unit (GDSU) staff to gain approval. Traffic Studies/ICE Reports: WSB will finalize the traffic impacts, including for construction staging, for the signal and mini-roundabout and how they operate. WSB will compile the analysis into an Intersection Control Evaluation (ICE) report for the mini- roundabout and an Signal Justification Letter (SJL) for the signalized intersection at TH 55. Utility Coordination: WSB will lead the utility coordination for the project and follow the MnDOT Utility coordination process. This will include performing an updated gopher state one call and up to 4 utility coordination meetings. In addition, WSB will complete the required utility coordination checklist. Construction Staging and Traffic Control: WSB will complete the analysis of the construction staging. This will include coordination meetings with MnDOT, developing alternatives and summarizing the results to be used for plan production. Signal Design: WSB will coordinate with Hennepin County and MnDOT regarding the design of the signal. The design will be incorporated into the final design plans. Lighting Design/Culvert Security: WSB will recommend options and implement the preferred alternatives into the plan set. This may include lighting in the culvert, roundabout lighting and security features. The security features may need additional infrastructure built outside the project limits, the scope will only include setting up the security features within the project area. Hydraulic Design: WSB will design the storm sewer features as well as drainage related to the box culvert. These items will meet MnDOT and State Aid standards. A hydraulic report will be created and watershed permits completed under this task. Watermain Design: WSB will complete watermain design and plans for the revision to the watermain that parallels TH 55. Landscape Design: WSB will develop concepts for landscaping south of the culvert. This will be reviewed by stakeholders. The preferred design will be implemented into the plan set. Special Provisions: WSB will prepare all necessary special provisions and the project manual, based on City of Golden Valley, Hennepin County and MnDOT standards (as applicable) for bidding and MnDOT 2020 standard specifications. Permitting: WSB will complete all necessary permits for the project. This will include; National Pollution Discharge Elimination System (NPDES), Hennepin County, MnDOT, Bassett Creek Watershed and Met Council Environmental Services (MCES). Task 5 – Right of Way Acquisition General Coordination: WSB will perform general project management for the right of way process. This will include reviewing reports and providing updates on the process to the project manager. Jeff Oliver, PE August 2, 2021 Page 4 K:\016121-000\Admin\Contract\Letter proposal - Final Design1.docx Parcel Sketches and Legal Descriptions: WSB will prepare parcel sketches and legal descriptions for 3 parcels on the project. Title Commitments are shown as an expense. Staking Right of Way: WSB will stake construction limits and proposed right of way for the three parcels to help the appraisal and negotiation process. Negotiate and Purchase Right of Way: WSB will reach out to property owners and perform negotiating services. This will include all associated documentation. It is assumed if condemnation is required, the City attorney will perform the condemnation. Title Commitments and Appraisals: WSB will order title commitments and have appraisals and review appraisals performed. The appraisals will be used to aid in setting the values and the offers. PROPOSED FEE WSB proposes to complete this project for a cost not to exceed $512,184. The attached detailed scope of work and associated fees are for your review on the next page. If you have any questions about this proposal, please feel free to call me at 612-360-1311. Sincerely, WSB & Associates, Inc. Phase TASKS Project ManagerProject EngineerGraduate EngineerCADTechnician/VisualizationStructural EngineerGraduate StructuralEngineerSr ScientistLandscape ArchitectTraffic/Lighting LeadTraffic/Lighting SupportRight of Way ProjectManagerRight of Way AgentPublic InvolvementPublic InvolvementSupportGeotechnical EngineerWater ResourcesEngineerWater ResourcesGraduate EngineerGeotechnical CrewSurvey CrewTotal HoursTotal CostTotal 1. Project Management 290 $51,662 1.1 Project Administration 50 8 58 $10,710 1.2 General Coordination 40 8 48 $8,952 1.3 Agency Meetings 40 16 8 16 80 $14,040 1.4 PMT Meetings 40 32 16 8 8 104 $17,960 2. Public Engagement 344 $54,980 2.1 Materials 4 4 12 8 16 24 68 $10,496 2.2 Coordination Meetings 12 16 28 $5,204 2.3 Visualizations 4 4 16 84 16 8 132 $19,976 2.4 Open House 8 4 40 52 $9,388 2.5 Website 8 4 4 4 44 64 $9,916 3. Structural Design/Geotechnical Investigation 694 $104,732 3.1 Final Design Box Culvert/Walls 8 16 8 24 72 154 282 $40,752 3.2 Structural Plan Preparation 4 80 64 132 280 $40,908 3.3 Geotechnical Borings/Report 4 8 60 48 12 132 $23,072 4. Final Design 1710 $245,710 4.1 Plan Preparation 72 102 220 200 16 8 64 24 96 802 $112,862 4.2 R/W Plan Preparation 4 8 32 12 8 64 $10,500 4.3 Staff Approved Layout 16 8 12 24 4 8 4 8 84 $12,720 4.4 Traffic Studies/ICE Reports 4 8 48 60 $8,940 4.5 Utility Coordination 8 24 24 56 $7,888 4.6 Construction Staging and Traffic Control 24 40 12 40 8 32 156 $23,760 4.7 Signal Design 2 4 4 16 26 $3,950 4.8 Lighting Design/Culvert Security 2 8 8 4 16 38 $5,510 4.9 Hydraulic Design 4 4 16 48 102 174 $23,756 4.10 Watermain Design 4 8 8 32 52 $7,684 4.11 Landscape Design 4 4 16 102 126 $16,700 4.12 Special Provisions 16 4 4 8 4 8 44 $7,556 4.13 Permitting 4 24 28 $3,884 5. Right of Way Acquisition 286 $55,100 5.1 General Coordination 4 16 32 52 $7,516 5.2 Parcel Sketches and Legal Descriptions 54 8 16 78 $11,476 5.3 Staking Right of Way 24 24 $4,776 5.4 Negotiate and Purchase Right of Way (3 Parcels)16 116 132 $16,832 5.5 Title Commitments and Appraisals (3 Parcels)($1,500:Title Committments, $9,000 Appraisals, $4,000:Review Appraisal)$14,500 Total Cost $512,184 Total Hours 390 282 336 630 144 286 24 122 68 184 60 164 92 76 60 108 206 48 44 3,324 Hourly Rates $191 $145 $120 $150 $184 $124 $130 $128 $182 $140 $182 $120 $182 $150 $140 $164 $120 $215 $199 Total Salary Costs $74,490 $40,890 $40,320 $94,500 $26,496 $35,464 $3,120 $15,616 $12,376 $25,760 $10,920 $19,680 $16,744 $11,400 $8,400 $17,712 $24,720 $10,320 $8,756 EXHIBIT B LOCATION OF WORK !!!!!!!!! ! ! !!!!!!!!! !!!!!!!!!!! ! ! Glen 1 Po nd Socc erFieldPond WestPond Perpich Center for Arts Educatio n Good ShepherdCatholic Ch urch&Good Sh ephe rdSchool Golden ValleyHistoricalSociety YosemitePark Perpich CenterBall F ields IdahoWetland GeorgiaOpen Sp ace PaisleyPark456740 Weste rn Ave Lindsay St Jersey Ave NCountryClubDr Douglas DrGeorgia Ave NHampshire Ave NWestch esterCirJersey Ave NCutacross Rd Zane Ave NLoring LnYosemiteAveNWestchesterCirN F r ontageRdFlorida Ave NHampshire Ave NIdaho Ave NEdgewood Ave NK i n g s t o n C i r Glenwood AveCounty Rd 102Florida CtN Frontage Rd S Frontage Rd Olson Mem HwyS F r o n t a g e R d O l s o n M em oria l Hwy Valleywo odCirYosemite CirGlenwoodAve BrunswickAve NM eanderRd MeanderRdIdahoAveNHaroldAve IdahoAveNCortlawnCirWSki Hill R d G olden V alleyR d PaisleyLnPaisleyLnH w y 5 5 Co un ty Rd 40 I 0 540 1,080270Feet Print Date: 3/13/2020Sources:-Hennepin County Surveyors Office for Property Lines (2020).-City of Golden Valley for all other layers. LocationMap EXHIBIT C FEE SCHEDULE 2021 Rate Schedule WSBENG.COM Billing Rate/Hour PRINCIPAL | ASSOCIATE $154 - $197 SR. PROJECT MANAGER | SR. PROJECT ENGINEER $154 - $197 PROJECT MANAGER $137 - $152 PROJECT ENGINEER | GRADUATE ENGINEER $92 - $150 ENGINEERING TECHNICIAN | ENGINEERING SPECIALIST $59 - $148 LANDSCAPE ARCHITECT | SR. LANDSCAPE ARCHITECT $71 - $152 ENVIRONMENTAL SCIENTIST | SR. ENVIRONMENTAL SCIENTIST $59 - $147 PLANNER | SR. PLANNER $71 - $152 GIS SPECIALIST | SR. GIS SPECIALIST $71 - $152 CONSTRUCTION OBSERVER $95 - $121 SURVEY One-Person Crew $152 Two-Person Crew $199 Three-Person Crew $214 OFFICE TECHNICIAN $54 - $95 Costs associated with word processing, cell phones, reproduction of common correspondence, and mailing are included in the above hourly rates. Vehicle mileage is included in our billing rates [excluding geotechnical and construction materials testing (CMT) service rates]. Mileage can be charged separately, if specifically outlined by contract. | Reimbursable expenses include costs associated with plan, specification, and report reproduction; permit fees; delivery costs; etc. | Multiple rates illustrate the varying levels of experience within each category. | Rate Schedule is adjusted annually. Golden Valley City Council Meeting August 17, 2021 Agenda Item 4. A. Public Hearing - Amending City Code to better regulate Pawnshops, Precious Metal Dealers, Consumer Small Loan Lenders and Currency Exchanges, Ordinance No. 720 Prepared By Myles Campbell, Planner Summary In August 2020, the City Council of Golden Valley established an interim ordinance prohibiting the establishment of any new pawnshop, precious metal dealers, or payday lenders within the city. This interim ordinance was enacted for the period of one year, in which time City staff could research the impacts these uses have on their locality, and how they have been managed by other municipalities. The findings in support of the interim ordinance asked staff to further research what impacts these uses had on crime, public safety, as well as the health impact of these businesses on their users. City staff and the Planning Commission held a number of discussions on the topic in the past year, and the Commission has recommended a set of new regulations and restrictions for these uses for consideration by the City Council. These restrictions were carefully selected to address some of the principal concerns resulting from staff’s research, without setting a compliance standard that would ostensibly prohibit the uses. Negative Externalities of Pawnshops, Metal Dealers, Payday Lenders In its review of the existing research into these uses, staff found that the original findings of the interim ordinance were mostly reaffirmed. The majority of academic research in this area defines the uses included in the moratorium as “fringe banks”, a traditional financial services that are used by persons who may or may not have a traditional checking account. Staff attempted to find a broad range of resources, but also with a focus on those studies that included a land use analysis component, given that we were looking specifically at zoning controls for these businesses. In regard to pawnshops, many resources noted the introduction of electronic ticketing/reporting for pawnshops has reduced their capacity to function as a means of trafficking stolen goods, but it has not completely eliminated this aspect of the business. Metal Dealers were similarly noted in the research for their capacity to facilitate the movement of stolen goods, through the melting of jewelry and other materials, which eliminates the ability for police to track the stolen property. City Council Regular Meeting Executive Summary City of Golden Valley August 17, 2021 2 For both types of businesses, their potential role in the illegal economy has remained a concern of the GVPD when staff consulted them about the proposed ordinances. Discussions around their operation will likely continue into any future licensing discussions around these uses. For pawnshops, payday lenders, and cash checking businesses, staff and the Planning Commission relied heavily on a pair of criminological land use studies that examined whether the presence of these fringe banks had any impact on local crime levels. The studies found a notable connection between the presence of such businesses and the level of local crime, both on the block they were located on, and in surrounding blocks. This effect was especially true for check cashing businesses and payday lenders, as opposed to pawnshops, which saw a lower correlation. The studies categorize fringe banks as potential “Crime Attractors” in that they can become a hot spot for criminal activity. Fringe banks draw in people to an area, and operate with largely cash-based economies. This combination can make fringe bank users attractive targets for robberies and other petty crime. While these studies did demonstrate a connection between these uses and crime, staff and the Planning Commission did note two crucial elements of these studies for our own purposes. One, both studies took place in major US Cities (Seattle and Los Angeles) which we would expect to have very different baseline crime patterns than Golden Valley. Secondly, the authors noted that the local context of the area a fringe bank is located in also has a significant impact on whether that use affects the local crime level. Demographics, neighborhood stability, and population density were some of the variables noted by researchers. Areas with large levels of population density or activity were specifically shown to have dampening impacts on crime increases – the “eyes on the street” effect popularized by Jane Jacobs. Staff was able to find numerous examples both in academic and journalistic sources of payday lenders operating in a fashion that was predatory towards their users. The “debt-trap” that payday loans can create when not paid off immediately is well documented, and while in some cases a necessary service for those who otherwise cannot access a traditional loan or financing service, payday lenders have overall been shown to have negative impacts on their users financial wellbeing. Staff was able to find less data on the public health link between these businesses and their users. Some examples found did show an increase in fringe bank users reporting their own health as just “poor or ok”, for those who had taken out a payday loan in the last year, this increase in negative reports was 38%. More specific or in-depth examples not relying on self-reporting were less widely available in staff’s review. Discussion at Planning Commission The Planning Commission held a total of three discussions on this topic. The first meeting was held in late March, and included a review of adjacent and peer city code language, as well as an opportunity for commissioners to provide staff with initial direction for their research. The second meeting, in July, included a review of staff’s research, answered outstanding commissioner questions from the first meeting, and gave an opportunity for Commissioners to modify the proposed code language by staff. In its last meeting, the staff answered some outstanding questions from Commissioners, and staff explained the reasoning behind its final recommended code language. For further details on the process from the Planning Commission, Council Members can refer to the meeting agenda and minutes below: City Council Regular Meeting Executive Summary City of Golden Valley August 17, 2021 3 • March 22nd, Agenda (discussion starts p. 20) and Minutes • July 26th, Agenda (discussion starts p. 7) and Minutes • August 9th, Agenda (discussion starts p. 6) Given findings of staff’s research, the Planning Commission took the approach that they should establish reasonable restrictions, given the potential negative external impacts from these uses. However, all members of the Commission voiced concerns with over-regulating these uses or effectively prohibiting them with strict location restrictions. In the case of payday lenders, Commissioners also tried to be cognizant of the fact that while these businesses can practice predatory lending, they are also one of a handful of financing options for those who are unbanked (no bank account) or underbanked (insufficient access to typical banking services). The Federal Reserve estimated that 55 million Americans fell into one of these two categories. Commissioners were encouraged by the current level of regulation for these uses at the state level (Minn. Stat. § 47.60) and that the Council will be looking into their own requirements for these lenders. They felt that these controls may have a more direct impact on consumer protections, while the zoning regulations could mitigate potential crime impacts. A significant area of discussion was which zoning districts these uses should be allowed within, and whether any additional proximity restrictions from other zoning districts or uses would be required. Given that staff’s research supported the location of the businesses in busy and high-activity areas, the Planning Commission elected to permit these uses only in the Commercial Zoning District, although both Light Industrial and Office were also considered. These other districts do not typically have the same level of activity as a typical commercial area, and additionally, limiting the use to Commercial also helped to create natural separation between the fringe bank and residential zoning districts. The Commission noted they would be open to revisiting the other zoning districts in the future, if there had been no issues with the associated uses in the Commercial district. Initial versions of the code language included a 350 foot proximity restriction from other uses such as schools, single-family homes, parks, and more. Commissioners felt these were unnecessarily burdensome to the businesses. Since Commercial zoned areas are already typically separate from residential areas, the 350 foot buffer was somewhat moot in many parts of the City, and Commissioners again wanted to be cognizant that the restrictions from parks and schools would further eliminate potential locations that were otherwise zoned commercial and suitable, such as in the downtown area. Code Recommendation Attached with this executive summary is a copy of the draft ordinance, which includes the recommended language from staff and the planning commission. This language has evolved since its initial presentation to the Planning Commission in March, reflecting the modifications suggested by the Commission, and staff’s own changes. To summarize the changes in code: Pawnshops and Precious Metal Dealers • Previously undefined under zoning code, now a restricted use allowed only in the Commercial Zoning District. Definition taken from the existing licensing code. City Council Regular Meeting Executive Summary City of Golden Valley August 17, 2021 4 • A new use must be located at least 750 feet from another pawnshop, precious metal dealer, consumer small loan lender, or currency exchange o Density restrictions prevent two uses from collocating in an immediate area. Still leaves options for multiple businesses to operate within the city, but spreads them out to avoid any impacts on local crime. • Two new business visibility requirements: Visibility of store windows, and entrance visibility from ROW o Both restrictions should help law enforcement to monitor businesses if necessary, entrance requirement increases the “eyes on the street” effect suggested by research. Consumer Small Loan Lenders and Currency Exchanges • Two new definitions included in the zoning code o Currency Exchange is consistent with other Cities’ definition for check cashing services. Consumer Small Loan Lender is the language used in state statute to refer to payday lending businesses, ensures agreement between City and state regulations. o Uses are allowed as restricted uses in the Commercial Zoning District • Same density restriction of 750 feet as pawnshops. Slightly more involvement from staff in enforcement here because the city does not currently license these uses. • Visibility of entrances from ROW is maintained, however display of goods and window visibility do not apply here compared to pawnshops. The inclusion of both currency exchanges and consumer small loan lenders is a slight deviation from the original request of the interim ordinance, however staff and the Planning Commission felt that check cashing businesses warranted an inclusion. While these businesses do not typically include the types of debt-trap predatory practices of payday lenders, they were identified as having impacts on local crime level. Similar to payday lenders or pawnshops, users are attractive targets for criminals given that they will have cash on hand after visiting the business. These regulations have very little impact on the actual operation of these types of businesses, the Planning Commission generally felt that the zoning code was not the best method of regulating business operations. Currently much of those controls for pawnshops can be found in their licensing requirements. The Planning Commission recommended that licensing regulations for consumer small loan lenders also be considered by Council, albeit in the context that these uses are licensed already at the state level. Key Findings Whenever the City Council considers amending its City Zoning Code, and especially in a case in which it will be placing restrictions on the rights of a private property holder, it should make clear findings of fact as to why the action is being taken. The findings should be able to support that the restrictions are reasonable, and narrowly tailored towards the expected impacts of the use. Staff submits the following findings. • Pawnshops and Precious Metal Dealers, in accepting second-hand private goods, have at least some capacity to support the movement of stolen goods, knowingly or unknowingly. • That these fringe banking uses have the potential to act as “crime attractors” in that they draw individuals to an area, and deal largely in cash-based economies. This has been shown in City Council Regular Meeting Executive Summary City of Golden Valley August 17, 2021 5 previous criminological land use studies which found the presence of a fringe bank, increased the rates of certain crimes such as robberies in the immediate area. • That the impacts of these crime attractor uses is lessened based on local context such as the population density, which encourages cities to locate them in areas of high traffic and visibility. • That while necessary for those who are unbanked or underbanked, consumer small loan lenders can nevertheless practice predatory lending, and trap users in cycles of debt due to high Annual Percentage Rates of interest. Next Steps The Planning Commission was interested to hear that further modifications to the licensing requirements for these uses is something the Council is also considering. Commissioners supported this action, with the caveat being in the case of consumer small loan lenders that the uses are currently licensed at the state level. Commissioners noted that in the case of fringe lenders, many of the consumer-safety issues highlighted by staff in their research may be better addressed via a licensing requirement. Commissioners also asked to forward along their desire to see some type of educational component to future work regarding fringe banks in the City. They noted that the Twin Cities are home to a number of programs and organizations concerned with financial counseling that may be available to those who are unbanked or underbanked. They would like to see some aspect of these resources included in future discussions, given that their concerns for overly-prohibiting consumer small loan lenders was largely in regard to these segments of the population. Financial Or Budget Considerations Adoption of the proposed ordinance would have no financial impact for the City. Recommended Action Motion to adopt Ordinance No. 720, amending the text of Section 113-1: Definitions and Section 113- 92: Commercial Zoning District, in order to better regulate pawnshops, precious metal dealers, consumer small loan lenders and currency exchanges. Supporting Documents • Ordinance No. 720 (2 pages) • Maps of Density Restriction Examples (2 pages) ORDINANCE NO. 720 AN ORDINANCE AMENDING THE CITY CODE Amending Sections 113-1: Definitions, 113-92: Commercial Zoning District The City Council for the City of Golden Valley hereby ordains as follows: Section 1. Section 113-1 of the City Code Chapter 113, Article I, entitled “Definitions” is amended by adding the following Subdivisions: Consumer Small Loan Lender: Any person or business that has as its primary activity the providing of consumer small loans for the borrower’s own personal, family, or household purpose. A consumer small loan is a short-term, unsecured loan to be repaid in a single installment. Consumer small loan lenders do not include banks. … Currency Exchange: Any person, except a bank, trust company, savings bank, savings association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders, or travelers' checks for a fee. The term does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed $1.00 or one percent of the value of the check or draft, whichever is greater. Section 2. Section 113-92 of the City Code Chapter 113, Article III, Division 2, entitled “Commercial Zoning District” is amended by adding the following Subdivision and re-lettering accordingly: (e) Restricted Uses. The following restricted uses shall be permitted within the Commercial Zoning District: …. (2) Pawnshops and Precious Metal Dealers, as defined in City Code, Section 16- 389, provided the following restrictions are observed: a. The use shall be located not less than 750 feet from a pawnshop, precious metal dealer, consumer small loan lender or currency exchange, as measured at the lot line. In the case of a multi-use building, distances from the use shall be measured from the portion of the structure occupied by the pawnshop or precious metal dealer. b. Visibility into the store shall be maintained by utilizing clear, transparent glass on all windows and doors, and by keeping all windows free of obstructions for at least three feet into the store. Product may be displayed for sale in the window as long as the display, including signage, does not occupy more than 30 percent of the window area. c. All entrances to the business, with the exception of emergency fire exits which are not usable by patrons, must be visible from the public right-of- way. When such businesses are located within an enclosed commercial complex, all patron entrances must open onto the common concourse. Ordinance No. -2- (3) Consumer Small Loan Lenders and Currency Exchanges, provided the following restrictions are observed: a. The use shall be located not less than 750 feet from a pawnshop, precious metal dealer, consumer small loan lender or currency exchange, as measured at the lot line. In the case of a multi-use building, distances from the use shall be measured from the portion of the structure occupied by the pawnshop or precious metal dealer. b. All entrances to the business, with the exception of emergency fire exits which are not usable by patrons, must be visible from the public right-of- way. When such businesses are located within an enclosed commercial complex, all patron entrances must open onto the common concourse. 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 17th day of August, 2021. Kimberly Sanberg, Mayor Pro Tempore ATTEST: Theresa Schyma, City Clerk Golden Valley City Council Meeting August 17, 2021 Agenda Item 4. B. Public Hearing on Residential Street Light District Spring Valley Road Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, PE, Assistant City Engineer Summary At the August 4th City Council meeting, the City Council directed staff to prepare a feasibility report for Streetlight and Overhead Utility Line Burial on Spring Valley Road. The proposed project consists of removal of three wooden pole street lights and replacement with three decorative street lights along the Spring Valley Road corridor. The project also includes the burial of overhead utility lines along the same project corridor as the streetlights. This public hearing is for the street light portion of the project. The streetlights are located on the property lines at the following locations: 1318 and 1320 Spring Valley Road 1334 and 1400 Spring Valley Road 1410 and 1420 Spring Valley Road The existing wooden pole lights would be upgraded to decorative lights with the larger burial project. City staff was contacted the week of August 9th by a private utility company on the wooden poles requesting they be reimbursed for costs associated with the burial of their overhead utilities. Staff is working through this request with the private utility company, but until these additional costs are better understood, it is recommended that neither the street light nor the overhead burial project proceed. Financial Or Budget Considerations To be determined at a future meeting. Current estimated streetlight costs are $2,673 for a per unit cost of $193. Recommended Action Motion to open public hearings and close public hearings due to recent cost dispute with private utility company. Supporting Documents •Location Map (1 page) !³ !³ !³ !³ !³ !³Angelo DrSpring Valley Rd Winsdale St St Croix Cir 1546 1460 1530 1440 1455494549374931 144814301449 1550 5025 4901 1444 1410 1415 1416 1431 1400 1401 1410 1325 131913151330 1334 1538 1250 1242 1230 1300 1326 1318 1320 1200 1422 1445 1305 1400 1420 0 150 30075Feetby the City of Golden Valley, 3/22/2021 I Spring Valley Rd Street Light Improvements Light Fixture !³Cobra Head !Upgrade to Decorative Light Street Lighting District Existing RSL 39 New District for Decorative Lighting Golden Valley City Council Meeting August 17, 2021 Agenda Item 4. C. Public Hearing on Residential Overhead Utility Line Burial on Spring Valley Road Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, PE, Assistant City Engineer Summary At the August 4th City Council meeting, the City Council directed staff to prepare a feasibility report for Streetlight and Overhead Utility Line Burial on Spring Valley Road. The proposed project consists of removal of three wooden pole street lights and replacement with three decorative street lights along the Spring Valley Road corridor. The project also includes the burial of overhead utility lines along the same project corridor as the streetlights. This public hearing is for the overhead utility line burial portion of the project. The overhead utility liens to be buried are located in front of the following properties: 1318 Spring Valley Road 1320 Spring Valley Road 1326 Spring Valley Road 1334 Spring Valley Road 1400 Spring Valley Road 1410 Spring Valley Road The overhead utilities would be buried underground and the wooden poles that support the lines would be removed. City staff was contacted the week of August 9th by a private utility company on the wooden poles requesting they be reimbursed for costs associated with the burial of their overhead utilities. Staff is working through this request with the private utility company, but until these additional costs are better understood, it is recommended that neither the street light nor the overhead burial project proceed. No action to adopt resolutions advancing the project is recommended at this time. Financial Or Budget Considerations To be determined at a future meeting. Current estimated burial costs are $51,500 for a per unit cost of $8,583 however these may increase if it is determined the private utility company shall be reimbursed for their burial expenses. City Council Regular Meeting Executive Summary City of Golden Valley August 17, 2021 2 Recommended Action Motion to open and close the overhead utility line burial improvement and assessment public hearings. Supporting Documents • Location Map (1 page) !³ !³ !³ !³ !³ Spring Valley Rd Angelo Dr144814301449 1410 1415 1416 1431 1400 1401 1410 1325 1319 1315 1330 1334 1250 1300 1326 1318 1320 1422 1445 1305 1400 0 100 20050Feetby the City of Golden Valley, 12/12/2018 I Spring Valley RdOverhead to Under gr ound Conver sion !³Streetlight Electric Line, Propose d Burial 19 City Offices Closing Early for Employee Recognition Event Offices Close at 3:00 PM City Hall Campus 22 Market in the Valley 9:00 AM – 1:00 PM City Hall Campus 29 Market in the Valley 9:00 AM – 1:00 PM City Hall Campus 5 Market in the Valley 9:00 AM – 1:00 PM City Hall Campus 6 City Office Closed for Observance of Labor Day 9 Special City Council Meeting (Interviews) (Thursday) (Tentative) 5:00 PM Council Conference Room 9 City Council Meeting (Thursday) 6:30 PM Hybrid Council Chambers 11 Run the Valley 7:45 AM Brookview 12 Market in the Valley 9:00 AM – 1:00 PM City Hall Campus 14 Special City Council Meeting (Interviews) (Tentative) 5:00 PM Council Conference Room 14 Council Work Session 6:30 PM Hybrid Council Conference Room 19 Market in the Valley 9:00 AM – 1:00 PM City Hall Campus 21 HRA Meeting 6:30 PM Hybrid Council Chambers 21 City Council Meeting 6:30 PM Hybrid Council Chambers 23 Golden Valley Business Council Meeting 8:30 AM to 9:30 AM Hybrid Brookview - Valley View Room 26 Market in the Valley 9:00 AM – 1:00 PM City Hall Campus 30 League of Women Voters - Golden Valley City Council Candidates Forum Begins at 7:00 PM Council Chambers 5 City Council Meeting 6:30 PM Hybrid 9 Mighty Tidy Day 8:00 AM to 1:00 PM Brookview Park 12 Council Work Session 6:30 PM Hybrid 19 City Council Meeting 6:30 PM Hybrid 28 Golden Valley Business Council Meeting 8:30 AM to 9:30 AM Hybrid Brookview - Valley View Room 30 Leaf Drop 8:00 AM to 1:00 PM Brookview Park 30 Saturday - City Hall Open for Absentee Voting 10:00 AM to 3:00 PM City Hall ANNOUNCEMENT OF MEETINGS AND EVENTS Three or more Council Members may attend the following OCTOBER AUGUST SEPTEMBER