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12-21-21 City Council 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 177 488 6727. 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 C. Recognition of Outgoing Council Member Fonnest D. Adopt Resolution No. 21-100 Declaring a Climate Emergency Impacting the Environment, Economy, and Human Health 4-10 E. Presentation of the New City Website 2. Additions and Corrections to Agenda 3. Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of City Check Register 11 B. Licenses: 1. Gambling License Exemption and Waiver of Notice Requirement – Chester Bird American Legion 523 12 2. Approve 2022 Cigarette/Tobacco License Renewals 13 3. Approve 2022 Therapeutic Massage Facility License Renewals Pending Satisfactory Background Investigations 14 C. Boards, Commissions, and Task Forces: 1. Accept Resignation from the Human Services Commission 15 2. Receive and File Meeting Minutes – PEACE Commission– November 10, 2021 16-17 3. Receive and File Meeting Minutes – DEI Commission – July 27, August 24, September 28, and October 26, 2021 18-24 D. Bids, Quotes, and Contracts: December 21, 2021 – 6:30 pm Council Chambers Hybrid Meeting City of Golden Valley City Council Regular Meeting December 21, 2021 – 6:30 pm 2 1. Approve Custodial Services Agreements: a. Award City Hall Campus Cleaning Contract with Fresh Touch, LLC b. Award Brookview Cleaning Contract with Stratus Building Solutions 25-76 2. Approve Purchase of Three Police Vehicles from Tenvoorde Ford, Inc. 77-80 3. Approve Purchase of a Tandem Axle Dump Truck 81-110 4. Approve Purchase of an Equipment Trailer from RDO Equipment Co. 111-113 5. Authorize Waste Delivery Agreement with Hennepin County 114-126 6. Approve Joint Powers Agreement with Hennepin County for a 911 Embedded Social Worker Program 127-138 7. Approve Five Year Contract for Body-Worn Camera Technology with Watchguard Video in a Form Approved by the City Attorney 139-174 8. Approve Purchase of Portable Computers for Squad Cars from Guardian Fleet Safety 175-180 9. Approve Professional Services Agreement with Bolton and Menk, Inc. for Glenwood Avenue Watermain Rehabilitation Project No. 21-06 181-210 E. Grants and Donations: 1. Receive and File Annual Grants Report 211-216 2. Adopt Resolution No. 21-101 Approving Policies and Procedures for Federal Awards Administration 217-242 3. Adopt Resolution No. 21-102 Accepting Donations for Ongoing Programs 243-257 4. Adopt Resolution No. 21-103 Accepting a Donation of $50 and two books from LDI 258-259 5. Approve Resolution No. 21-104 Accepting the Redistribution of Unrequested Coronavirus Local Fiscal Recovery Fund Established under the American Rescue Plan Act (ARPA) 260-261 6. Approve Resolution No. 21-105 Resolution Allocating American Rescue Plan Act (ARPA) Monies for Tourism 262-263 7. Approve Resolution No. 21-106 Allocating American Rescue Plan Act (ARPA) funds to Brookview Facility 264-267 8. Adopt Resolution No. 21-107 to Execute Hennepin County Residential Recycling Grant Agreement 268-290 F. Approve 2022 City Calendar and Meeting Dates 291-292 G. Receive and File Municipal Facilities Study Final Report 293-341 H. Adopt the Stable Tenant and Renter (STAR) Program 2021 COVID-19 Participation Requirements and Fee Reductions, Resolution No. 21-108 342-345 I. Adopt the Stable Tenants and Renters (STAR) Program Policy, Resolution No. 21-109 346-354 J. Adopt Resolution No. 21-110, Approving Allocation of Contingency Budget 355-356 K. Adopt Resolution No. 21-111 Approving Participation in Opioid Litigation Settlements 357-361 L. Adopt Resolution No. 21-112 Approving the License Reinstatement Diversion Program and Approving a Driving Diversion Program Services Agreement with Diversion Solutions, LLC 362-374 M. Actions for Olin Parcels: 1. Approve Resolution No. 21-113 to Accept Donation of Deed for Basin (6920 Glenwood Ave) 2. Approve Amended Subdivision Agreement Relocation Trail Easement 375-395 City of Golden Valley City Council Regular Meeting December 21, 2021 – 6:30 pm 3 3. Approve New Trail Easement Lot 3 N. Approve Resolution No. 21-114 Adopting the 2022 Compensation Grid and Classification Table 396-401 O. Adopt Resolution No. 21-115, Approval of Plat – Spire Golden Valley Addition, 6440 Wayzata Boulevard 402-404 P. Approve Resolution No. 21-116 Adopting Amendment to Employee Handbook 405-406 4. Public Hearing A. Public Hearing - Approving Vacation of Trail Easement in Olin Woods Addition, Resolution No. 21-117 407-410 B. Public Hearing - Zoning Text Amendments - Establish the Allowed Uses by Zoning District in a Summary Table Format for Ease of Use, Ordinance No. 728 and Resolution No. 21-118 411-467 C. Public Hearing – Zoning Map Amendments – Rezoning Certain Properties in the Institutional Zoning District to Reflect New Sub-classification, Ordinance No. 729 and Resolution No. 21-119 468-487 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. A. First Consideration of Ordinance No. 730 Amending City Code Chapter 103 Authorizing the City to Complete Plumbing Plan Review 488-493 B. Second Consideration of Ordinance No. 726, Amending City Code Chapter 2 to Modify the Composition of the Environmental Commission and Approval of Modifications to the Environmental Commission Bylaws 494-503 C. Second Consideration of Ordinance No. 727, Amending the City Code to Establish a Public Land Disposition Procedure and Approval of Resolution No. 21-120 Authorizing Summary Publication of the Ordinance 504-509 D. Review of Council Calendar 510 E. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment G:\City Council agendas\Agenda Packets\2021\12-21-21\+-1D - Resolution - Declaring Climate Emergency in Golden Valley\1d1 - Exec Summary Declaring Climate Emergency.docx Golden Valley City Council Meeting December 21, 2021 Agenda Item 1. D. Adopt Resolution No. 21-100 Declaring a Climate Emergency Prepared By Eric Eckman, Environmental Resources Supervisor Summary As part of its 2021 work plan and consistent with its mission to advise the City Council on matters relating to the environment and human health, the Environmental Commission continued working on actions and policies to address climate change and exploring resources needed to implement the City’s environmental goals and initiatives. The Commission hosted an informational meeting with Hennepin County’s new Climate Resiliency Director to learn about the County’s Climate Action Plan adopted in May 2021 and discuss how we can work together in the future to achieve common goals. The Commission also discussed extreme weather and climate events experienced in 2021 and throughout the past decade, and received information on the United Nations Intergovernmental Panel on Climate Change report, and the UN Climate Change Conference of the Parties (COP26) in Glasgow, Scotland. Based on the increasing amount of data and information about climate change and its impacts globally and locally on our society, economy, and the environment, the Commission wanted to reaffirm the City’s commitment to climate mitigation and adaptation through a resolution. At its November 22, 2021 meeting, the Environmental Commission made a recommendation to City Council to adopt a Resolution Declaring a Climate Emergency. The resolution highlights many climate- related impacts, brings awareness to the issue, reaffirms the City’s commitments, and asks state and federal leaders for funding, resources, and support to develop and implement climate mitigation and adaptation efforts as the City cannot fund these efforts on its own. Although the term “emergency” is used in the resolution, staff would like to make clear this is not like other emergency orders. A Climate Emergency declaration differs from other types of local, state, and federal emergency declarations, which are typically issued in response to acute disasters such as floods, tornadoes, or the COVID-19 pandemic, and typically unlock emergency relief funding. This would not apply when declaring a Climate Emergency. Rather, this resolution is a tool to increase awareness and send a clear message about the City’s priorities and commitments. City Council Regular Meeting Executive Summary City of Golden Valley December 21, 2021 2 Financial Or Budget Considerations None at this time. Staff will continue to evaluate the resources needed to implement the City’s environmental goals, initiatives, plans, programs, and projects. Recommended Action Motion to adopt Resolution No. 21-100 Declaring a Climate Emergency Impacting the Environment, Economy, and Human Health Supporting Documents • Resolution No. 21-100 Declaring a Climate Emergency Impacting the Environment, Economy, and Human Health (5 pages) RESOLUTION NO. 21-100 RESOLUTION DECLARING A CLIMATE EMERGENCY IMPACTING THE ENVIRONMENT, ECONOMY, AND HUMAN HEALTH WHEREAS, in 2021 Golden Valley experienced numerous climate change- related impacts including a record June heat wave, drought conditions, water use restrictions, and poor air quality from drought-fueled forest fires prompting residents to restrict outdoor activity and remain indoors for periods, making it clear that the climate crisis is not only a future issue — it is affecting us here and now; WHEREAS, hundreds of Golden Valley properties are at risk of flooding and flood damage during heavy or intense precipitation events which can cause significant hardship and economic loss; WHEREAS, Golden Valley residents have increasingly reported experiencing drainage and flooding issues, high groundwater issues, and historically high surface water levels in water bodies throughout the community; WHEREAS, the frequency of daily rainfalls greater than 3 inches has increased 66% in the past century and annual precipitation in the Twin Cities increased from an average of 26.18 inches between 1940-1979 to an average of 30.92 inches between 1980-2018, increasing the frequency of flooding, landslides, freeze/thaw cycles, ice storms, rain on frozen ground events, and heavy snowstorms which put increased strain on city operations, residents, businesses, and the natural environment; WHEREAS, ice cover on Minnesota lakes has declined an average of 10-14 days over the past 50 years and winter temperatures are warming nearly ten times faster than summer temperatures, increasing by approximately 2.2 degrees Fahrenheit per decade since 1969 based on data collected at MSP airport; WHEREAS, the urban heat island effect causes nighttime temperatures in the first ring suburbs of Hennepin County to be 2 degrees Fahrenheit higher on average compared to surrounding areas and spikes to as much as 9 degrees Fahrenheit higher than surrounding areas during a heat wave, and is expected to increase due to climate change, affecting the health and well-being of residents; WHEREAS, the high-risk climate hazards for Golden Valley include invasive species and pests, more freeze/thaw cycles, more frequent and intense heavy rainfalls, and extreme heat, and the moderate-risk climate hazards include extreme wind events and tornadoes, diminished air quality, and vector-borne diseases as outlined in the Vulnerability Assessment in the Resilience and Sustainability chapter of Golden Valley’s 2040 Comprehensive Plan; WHEREAS, extreme weather will create new challenges for Golden Valley’s infrastructure and finances and will pose a threat to the health, safety, and economic vitality of our residents and businesses; WHEREAS, historic and present policies and decisions created disparate impacts for Black, Indigenous, People of Color and people of lower socioeconomic status; WHEREAS, the greatest burden from an inadequate response to the climate crisis will be felt by historically excluded, marginalized and underserved communities, the youngest generation including the children and grandchildren of Golden Valley community members, and future generations; WHEREAS, the impacts of climate change are affecting all residents, but the impacts will not be felt equally, and like other environmental justice issues, Hennepin County data show that our communities of color, low-income families, and residents with disabilities contribute least to the problem of climate pollution but are the most at risk from negative climate impacts, especially during flooding events, heat waves, and poor air quality days, and we acknowledge that those who have the least capacity to respond to climate change will be most affected; WHEREAS, in Minnesota, the ten warmest and wettest years ever recorded have all occurred since 1998, warming surface waters and leading to a significant loss of fish habitat for many prominent species as well as increasing the risk of harmful algae blooms, forests are changing as native northern species are strained by warming temperatures, crops are stressed by cycles of drought and floods, home insurance rates are rising faster than the national average and faster warming winters are leading to new pests as well as shorter winter recreation seasons; WHEREAS, the bi-partisan Next Generation Energy Act, passed by the Minnesota State Legislature and signed by then Governor Tim Pawlenty in 2007, committed our State to achieving an 80% reduction in greenhouse gas emissions by 2050 and with interim goals of 15% and 30% below 2005 greenhouse gas emissions levels by 2015 and 2025, respectively, with cities being key drivers of achieving these goals; WHEREAS, our State did not meet its 2015 goal, and is not yet on track to reach our future targets; WHEREAS, in April 2016 world leaders from 175 countries, including the United States, recognized the threat of climate change and the urgent need to combat it by signing the Paris Agreement, agreeing to “pursue efforts to limit the temperature increase to 1.5 degrees Celsius (2.7 degrees Fahrenheit)”; WHEREAS, we have already reached a temperature increase of nearly 1.1 degrees Celsius (nearly 2 degrees Fahrenheit) as compared to pre-industrial times and the widespread impacts already realized by this level of global warming demonstrate that the Earth is already too hot for safety and justice, as attested by increased and intensifying wildfires, floods, rising seas, diseases, droughts, and extreme weather, threatening the food security, water supply, and well-being of billions of people; WHEREAS, in August 2021 the Intergovernmental Panel on Climate Change (IPCC), the United Nations body responsible for assessing the science related to climate change, released a report that stated “It is unequivocal that human influence has warmed the atmosphere and land,” and that “Human influence has warmed the climate at a rate that is unprecedented in at least the last 2000 years,” and “with every additional increment of global warming, changes in extremes continue to become larger,” and “leaders at all levels must take immediate action to reduce greenhouse gas emissions to prevent catastrophic impacts”; WHEREAS, the Department of State, the Department of Defense, and the intelligence community have identified climate change as a threat to national security, and the Department of Homeland Security views climate change as a top homeland security risk; WHEREAS, recent scientific research indicates that to achieve the goal of limiting temperature increase to 1.5 degrees Celsius (2.7 degrees Fahrenheit), carbon emissions must be halved by 2030 and reach net zero global emissions by 2050; WHEREAS, a transition to a clean energy economy, if not carefully planned, would have a disruptive effect and impact on the livelihoods of many in our community while a well-planned transition may provide expanded job opportunities and affordable and reliable energy for local residents; WHEREAS, the massive scope and scale of action necessary to stabilize the climate will require unprecedented levels of public awareness, engagement, and deliberation to develop and implement effective, just, and equitable policies to address climate change; WHEREAS, 2,012 jurisdictions in 34 countries including Minnesota leaders Duluth, Minneapolis, and Crystal Bay Township, have already declared climate emergencies in order to focus attention on the need for rapid action to address climate change; WHEREAS, acting together with these other communities now will magnify our impact, and increase our visibility and leverage for state and federal funding and support; NOW, THEREFORE, BE IT RESOLVED, that Golden Valley declares that a climate emergency threatens our city, region, state, nation, humanity and the natural world. BE IT FURTHER RESOLVED, Golden Valley commits to working for a just transition to a clean energy economy and climate emergency mobilization effort and will: ● Continue to collaborate with residents, businesses, institutions, and non-profits to implement its Resilience and Sustainability Plan, Energy Action Plan, Natural Resources Management Plan, and Surface Water Management Plan, all of which contain goals, objectives, policies, and actions to help address climate impacts ● Continue to implement its Equity Plan including actions and practices that promote economic prosperity for all ● Continue to implement GreenStep Cities best practices related to energy, climate actions, climate adaptation and community resilience ● Work with the City’s Environmental Commission to address climate impacts and improve the environment, economy, and human health through the development and implementation of its annual work plan ● Update and implement its 10-year capital improvement program with an increasing focus on sustainability, equity, and climate adaptation ● Position the City with shovel-ready projects to take advantage of state and federal infrastructure funding and climate action funding opportunities ● Consider the environment, energy, and climate in the development of its annual legislative priorities ● Strategically partner with Hennepin County to implement its Climate Action Plan and help the County achieve its goal to reduce greenhouse gas emissions by 45% from 2010 levels by 2030 and achieve net zero emissions by 2050 ● Consider advancing the development of a Citywide climate action plan sooner than 2030 as scheduled in the City’s Resilience and Sustainability Plan ● Continue to explore and secure the resources needed to fulfill its environmental goals and commitments BE IT FURTHER RESOLVED, Golden Valley calls on the Minnesota legislature and executive branch to immediately and aggressively support cities of all sizes around Minnesota to both mitigate and adapt to the effects of climate change including providing funding and resources for the development and implementation of climate action plans. BE IT FURTHER RESOLVED, Golden Valley calls on the federal government to immediately commit resources to support the climate mitigation and adaptation efforts of cities large and small, to invest in the infrastructure needed for a resilient, sustainable, and equitable future, to ensure that investment is at the scale needed, and to provide the necessary global leadership to keep global warming to 1.5 degrees Celsius (2.7 degrees Fahrenheit). Adopted by the City Council of Golden Valley, Minnesota this 21st day of December 2021. __________________________ Shepard M. Harris, Mayor ATTEST: ____________________________ Theresa J. Schyma, City Clerk Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. A. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Financial Or Budget Considerations The check register has a general ledger code as to where the claim is charged. At the end of the register is a total amount paid by fund. Recommended Action Motion to authorize the payment of the bills as submitted. Supporting Documents Document is located on city website at the following location: http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx?id=876916&dbid=0&repo=GoldenValley The check register for approval: • 12-10-21 Check Register Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. B. 1. Gambling License Exemption and Waiver of Notice Requirement – Chester Bird American Legion Post 523 Prepared By Theresa Schyma, City Clerk Summary The Chester Bird American Legion Post 523, 200 Lilac Drive North, has applied for a Gambling License Exemption to conduct gambling (bingo) for a Valentine Bingo event on January 28, 2022. 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 Not applicable Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Chester Bird American Legion Post 523, 200 Lilac Drive North, for their Valentine Bingo event on January 28, 2022. Supporting Documents N/A Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. B. 2. Approve Cigarette/Tobacco License Renewals Prepared By Theresa Schyma, City Clerk Summary The following establishments have applied for renewal of their Cigarette/Tobacco license for the 2022 license term. The applicants listed below have met City Code requirements for the renewal of their licenses and staff is recommending approval of the following license renewals: License # Licensee Address 13174 Amstar Gas Station 9405 Medicine Lake Road 13172 Down in the Valley, Inc. 8020 Olson Memorial Highway 13171 Feist Automotive Group 1875 Lilac Drive North 13167 Golden Valley Country Club 7001 Golden Valley Road 13173 Golden Valley Holiday Store #3520 600 Boone Avenue North 13176 Golden Valley Liquor Barrel 7890 Olson Memorial Highway 13170 Holiday Stationstores, Inc. 7925 Wayzata Boulevard 13175 Schuller’s Tavern 7345 Country Club Drive 13168 Speedway #4443 1930 Douglas Drive 13169 Speedway #4497 6955 Market Street Financial Or Budget Considerations Fees received for tobacco license renewals are budgeted, and defray costs the City incurs to administer and enforce tobacco license regulations and requirements. Licensees were given until December 29 for their payment to be received by the City Clerk. No license will be issued until full payment is received. Recommended Action Motion to approve the renewal of the Cigarette/Tobacco licenses for the applicants above from January 1, 2022, through December 31, 2022. Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. B. 3. Approve 2022 Therapeutic Massage Facility License Renewals Pending Satisfactory Background Investigations Prepared By Theresa Schyma, City Clerk Summary The following establishments have applied for renewal of their Therapeutic Massage Facility license for the 2022 license term. The applicants listed below have met the City Code requirements for the renewal of their license and the Golden Valley Police Department is in the process of conducting the background investigations. Staff is recommending approval of the following license renewals pending satisfactory completion of the background investigations: License # Licensee Address 13136 Artistic Urges Hair Consultants 1405 Lilac Drive N, Suite 114 13137 Massage Envy 7704 Olson Memorial Hwy 13138 Pucon Massage 810 Lilac Drive N, Suite 104 Financial Or Budget Considerations Fees received for massage establishment license renewals are budgeted, and defray costs the City incurs to administer and enforce license regulations and requirements. Recommended Action Motion to approve the renewal of the Therapeutic Massage Facility licenses for the applicants above from January 1, 2022, through December 31, 2022, pending satisfactory completion of the background investigations. Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. C. 1. Accept Resignation from the Human Services Commission Prepared By Tara Olmo, Assistant to the City Manager´s Office Summary Chair Denise La Mere-Anderson has submitted her resignation from the Human Services Commission to fulfill her duties as a newly elected official on the City Council. Financial Or Budget Considerations Not applicable Recommended Action Motion to accept the resignation of Denise La Mere-Anderson from the Human Services Commission. REGULAR MEETING MINUTES 1. Call to Order City Attorney, Maria Cisneros, called the meeting to order at 6:08 pm 2. Attendance/Roll Call Commissioners present () and absent (): Randy Anderson Madeline Ryan Shelli Bakken Jessie Smith Henry Crosby Marshall Tanick Alicia Dang Sergeant Dan Wilcox Trey Gladney Andrew Wold Chris Hartzler Acting Sergeant Jerad Zachman Charles Quimby Staff Present: Maria Cisneros, City Attorney/Interim Staff Liaison; Kiarra Zackery, Equity and Inclusion Manager; Commander Alice White 3. Approval of Agenda MOTION by Commissioner Crosby to approve the agenda, SECOND by Commissioner Smith. Approved unanimously. 4. New Business A. Oath of Office & Guiding Principles. All Commissioners present took the Oath of Office. B. New Commissioner Orientation –Part I Cisneros presented a PowerPoint presentation regarding the structure of the City, the role of City Commissioners, and the rules, laws, and procedures applicable to City Commissions. C. Team Building Activity (Kiarra) Zackery led the Commissioners in a team building activity. D. Preview of next meeting—December 9, 2021 Cisneros shared a preview of the December 9, 2021 meeting agenda. November 10, 2021 –6:30 pm Council Conference Room Golden Valley City Hall 7800 Golden Valley Road Meeting City of Golden Valley –6:30 pm 2 5. Adjournment MOTION to adjourn at 8:03. Approved unanimously. Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. D. 1. Approve Custodial Services Agreements: a. Award City Hall Campus Cleaning Contract with Fresh Touch, LLC b. Award Brookview Cleaning Contract with Stratus Building Solutions Prepared By Tim Kieffer, Public Works Director Summary The City issued a Request for Proposal (RFP) for custodial services because the current contracts expire December 31, 2021. In addition to posting the RFP to the City’s website, staff sent it to over 50 companies including 31 Disadvantage Business Enterprises. Companies were given a tour of the facilities to ensure the scope of work was understood and a lunch and learn to explain the RFP process. Eleven proposals were received. Staff compared the proposals based on cost, environmental considerations, sustainability, organizational and fee structure, service approach, and equity. Staff selected Fresh Touch to clean the City Hall Campus and remote fire stations and Stratus Building Solutions to clean Brookview, Golf Maintenance, and park shelters. The contracts require a minimum wage of fifteen dollars per hour and the progressive use of environmentally friendly chemicals and sustainable equipment. Financial Or Budget Considerations The annual cost for custodial services is $146,694.84. The 2022 Building operating budget (1180.6382) has $170,000 for custodial services. Additionally, the 2022 Park Maintenance operating budget (1620.6382) has $3,000 for park shelter cleanings. Recommended Action Motion to authorize the Mayor and City Manager to execute Custodial Services Agreement with Fresh Touch, LLC in the form approved by the City Attorney for cleaning services for the City Hall Campus and remote fire stations in the amount of $88,539.84. City Council Regular Meeting Executive Summary City of Golden Valley December 21, 2021 2 Motion to authorize the Mayor and City Manager to execute Custodial Services Agreement with Stratus Building Solutions in the form approved by the City Attorney for cleaning services for Brookview, Golf Maintenance, and park shelters in the amount of $58,155. Supporting Documents • Custodial Services Agreement with Fresh Touch, LLC (34 pages) • Custodial Services Agreement with Stratus Building Solutions (16 pages) CUSTODIAL SERVICES AGREEMENT FOR CITY HALL CAMPUS AND PUBLIC SAFETY BUILDINGS THIS CUSTODIAL SERVICES AGREEMENT (the “Agreement”) is made and entered by and between Fresh Touch, LLC (“Contractor”) and the City of Golden Valley (the “City”) (collectively the “Parties” and individually a “Party”). RECITALS WHEREAS, the City desires to engage a contractor to provide custodial services at certain City-owned locations; WHEREAS, the City issued a Request for Proposals for Custodial Services (the “RFP”), for the purpose of soliciting proposals for the provision of custodial services at the City-owned locations; WHEREAS, Contractor submitted a Proposal to provide custodial services; and WHEREAS, the City wishes to retain Contractor to provide custodial services at certain City-owned locations, and Contractor is willing to undertake such responsibilities, on the terms and subject to the conditions set forth herein. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. Locations; Services; Access; Modification. Contractor shall provide the services (“Services”) at the locations (“Locations”) described on the attached Appendix A. The City may, in its sole discretion and at any time, modify the Services and the time for performance. The City shall provide Contractor with reasonable access to the Locations so that Contractor may perform its obligations under this Agreement. Contractor shall provide all equipment and cleaning products necessary to perform its obligations under this Agreement. The City shall provide certain disposable products, including paper towels, toilet paper, soap, and liners, for Contractor’s use for restocking. Contractor’s staff shall, if requested by the City, wear City IDs and/or uniforms while performing the Services. 2. Compensation; Billing. The City shall compensate Contractor $7,378.32 per month for Services performed. Contractor shall submit monthly invoices to the City that describe in sufficient detail the Services rendered. Invoices (“Invoices”) shall be submitted to the City Council for approval at the first City Council meeting following receipt. The City shall pay Contractor within thirty-five (35) days after each Invoice is approved. 3. Compensation to Contractor’s Work Force. All persons employed by the Contractor, or Contractor’s franchisee’s or independent contractors in the performance of this Agreement shall be paid, without subsequent deduction or rebate, not less than fifteen dollars per hour. Any breach or violation of the foregoing shall be deemed a breach or violation of a material provision of this Agreement and grounds for immediate termination of the Agreement by the City. No later than January 30th of each year, Contractor shall submit to the City documentary evidence of such payment during the previous calendar year. 4. Term. The initial term of this Agreement shall commence on January 1, 2022 and continue through December 31, 2025, unless earlier terminated pursuant to the provisions of this Agreement. 5. Termination. Either Party may terminate this Agreement by giving ninety (90) days’ prior written notice to the other Party. In the event of termination of this Agreement, Contractor shall cease its provision of Services and the City shall pay to Contractor all undisputed amounts due for Services provided by Contractor prior to the date of termination. 6. Ownership; Assumption of Risks. All equipment owned by Contractor and brought to the Locations shall remain the property of the Contractor. Contractor assumes all risk of loss or damage of Contractor’s equipment at the Locations, including any loss or damage caused by water leakage, fire, explosion, theft, vandalism, or any other cause. 7. Independent Contractor Relationship. The City and Contractor agree that Contractor is an independent contractor and not an employee of the City. Contractor shall retain the sole and exclusive right to control the manner and means by which the Services are performed under this Agreement. Contractor shall be solely and entirely responsible for its acts and for the acts of its employees, agents, and subcontractors in connection with its provision of Services. Contractor shall be responsible for the compensation and benefits of Contractor’s employees and for payment of all federal, state and local taxes payable with respect to any amounts paid to Contractor under this Agreement. No payroll or employment taxes of any kind shall be withheld or paid by the City with respect to payments to Contractor, including but not limited to, FICA, FUTA, federal and state personal income tax, state disability insurance tax and state unemployment tax. Contractor shall not be entitled to any benefits from the City, including, without limitation, insurance benefits, sick and vacation leave, workers’ compensation benefits, unemployment compensation, disability, severance pay, or retirement benefits. 8. Cleaning Products. Cleaning products and materials, including hard-floor and carpet-care products shall, when possible, meet the requirements of IEQc3.3: Green Cleaning - Purchase of Sustainable Cleaning Products and Materials. Product types subject to these requirements include, but are not limited to, bio-enzymatic cleaners, hard- floor cleaners, carpet cleaners, general-purpose cleaners, specialty cleaners, odor control, disinfectants, disposable janitorial paper products and trash bags, and hand soaps. The practices listed in section 8 shall be implemented, to the extent practicable, with a target goal of 50% of products complying by July 1, 2022, and 100% complying by January 1, 2023. Contractor shall submit an annual report of the cleaning products used in the performance of this Agreement. The report shall at minimum include name of the purchased item, date of purchase, product category, sustainability criteria (if applicable), cost per item, quantity purchased, and percentage of the compliant and noncompliant products, to determine achievement of performance target goals. 9. Cleaning Equipment. Cleaning equipment, shall when possible, meet the requirements of IEQc3.4: Green Cleaning - Sustainable Cleaning Equipment. Equipment subject to these requirements include, but are not limited to, cloths, mops, brooms, dusters, floor scrubbers, and vacuums. The equipment listed in section 9 shall be implemented, to the extent practicable, with a target goal of 50% of equipment complying by July 1, 2022 and 100% complying by January 1, 2023. Contractor shall submit an annual report of the cleaning equipment used in the performance of this Agreement. The report shall at minimum include name of the purchased item, date of purchase, equipment category, sustainability criteria (if applicable), cost per item, quantity purchased, percentage of the compliant and noncompliant equipment, to determine achievement of performance target goals. 10. Background Checks. All of Contractor’s employees and independent contractors having access to City facilities shall submit to a background check conducted by the City of Golden Valley Police Department and must wear ID badges and company uniforms while working on City property. All background checks shall be completed prior to granting access to City facilities. 11. Compliance with Applicable Laws; Representations; Performance. Contractor shall comply with all applicable federal, state, and local laws, rules, regulations, codes, ordinances and orders. Contractor represents that it has in effect, and shall maintain in effect, all permits, licenses, and other authorizations necessary for its provision of the Services. Contractor is not aware of any fact or circumstance that would prevent Contractor from performing in accordance with this Agreement. Contractor represents and warrants that Contractor has the requisite training, skills, and experience necessary to provide the Services contemplated by this Agreement and that the Services will be performed using personnel, equipment, and material qualified and suitable to perform the Services requested. Contractor will perform its obligations hereunder with reasonable care and skill, in a diligent and professional manner and in accordance with accepted professional practices and industry standards. 12. Insurance. Contractor, at its expense, shall procure and maintain in force for the duration of this Agreement the following minimum insurance coverages: a. General Liability. Contractor agrees to maintain commercial general liability insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, products-completed operations, personal injury, advertising injury, and contractually assumed liability. The City shall be endorsed as additional insured on all relevant insurance policies obtained by Contractor. b. Automobile Liability. Contractor shall maintain commercial automobile liability insurance, including owned, hired, and non-owned automobiles, with a minimum liability limit of $1,000,000 combined single limit. c. Workers’ Compensation. Contractor agrees to provide workers’ compensation insurance for all its employees in accordance with the statutory requirements of the State of Minnesota. Contractor shall also carry employers liability coverage with minimum limits are as follows: $500,000 – Bodily Injury by Disease per employee; $500,000 – Bodily Injury by Disease aggregate; and $500,000 – Bodily Injury by Accident. Prior to commencing the Services, Contractor shall deliver to the City a Certificate of Insurance as evidence that the above coverages are in full force and effect. The insurance requirements may be met through any combination of primary and umbrella/excess insurance. Contractor’s policies shall be the primary insurance to any other valid and collectible insurance available to the City with respect to any claim arising out of Contractor’s performance under this Agreement. Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. 13. Indemnification. Contractor agrees to defend, indemnify and hold harmless the City, its elected officials, officers, employees and/or agents from any liability, claims, demands, suits, penalties, personal injury, judgments and/or costs of any kind whatsoever, arising out of, or in any way resulting from, the acts or omissions of Contractor, its officers, employees and agents, with respect to Contractor’s provision of Services or any breach of this Agreement by Contractor. Defense of any action or proceeding shall be at the expense of the Contractor by counsel reasonably satisfactory to the City. The provisions of this Section 10 shall survive termination of this Agreement. 14. Notices. All notices and other communications provided for in this Agreement shall be by electronic delivery with receipt confirmed. City of Golden Valley: Tim Kieffer, Public Works Director tkieffer@goldenvalleymn.gov Contractor: Fresh Touch, LLC management@freshtouchmn.com 15. Severability. If any provisions of this Agreement are declared invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. 16. Entire Agreement. This Agreement, together with the terms of the RFP, constitute the entire agreement between the Parties concerning the subject matter herein and shall replace and supersede any and all other previous oral or written agreements between the Parties on that subject matter. In the event that the terms of this Agreement conflict with the terms of the RFP, the terms of this Agreement shall control. 17. Amendment. This Agreement may be modified only by a written amendment signed by the Parties. 18. Assignment. The Parties may not transfer or assign this Agreement or any of their rights or obligations hereunder without the prior written consent of the other Party. This Agreement shall be binding upon, and shall inure to the benefit of, the Parties and their respective permitted successors and assigns. 19. Counterparts. This Agreement may be executed in any number of counterparts, all of which shall constitute a single Agreement. 20. Governing Law; Forum. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. Any action to enforce any provision of this Agreement shall be commenced in the Hennepin County District Court, Fourth Judicial District in Minnesota. 21. Government Data/Privacy. Contractor shall abide by the applicable provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (the “Act”), and all other applicable state or federal rules, regulations, or orders pertaining to privacy or confidentiality. Contractor understands that all of the data created, collected, received, stored, used, maintained, or disseminated by Contractor in performing those functions that the City would perform is subject to the requirements of the Act, and Contractor must comply with those requirements as if it were a government entity. This does not create a duty on the part of Contractor to provide the public with access to public data if the public data is available from the City, except as required by the terms of this Agreement. 22. Nondiscrimination. In the hiring of employees to perform work under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic or classification protected by state or federal law. 23. Waiver. The waiver by either Party of any breach or failure to comply with any provision of this Agreement by the other Party shall not be construed as or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. [Signature Page to Follow] IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first stated above. DECEMBER 21, 2021 CITY OF GOLDEN VALLEY By: Shepard M. Harris Its: Mayor By: Timothy J. Cruikshank Its: City Manager FRESH TOUCH, LLC By: Dalepree Washington Its: Owner Appendix A: Services and Locations City Hall – 7800 Golden Valley Road, Golden Valley, MN 55427 (26,000 ft2) Contractor shall provide the Services in the table below at City Hall Monday through Friday after 5:00 pm. The City may modify the Services and the times during which they are provided in its sole discretion and at any time. City Hall Upper Level Tile Rubber Matting VCT Mop Sink Non-Slip Flooring Areas Not Cleaned City Hall Lower Level Tile Rubber Matting VCT Mop Sink Non-Slip Flooring Areas Not Cleaned Kitchens (2) & Lunchrooms (1) DAILY WEEKLY MONTHLY Empty trash receptacles, replace liners X Remove trash to designated areas X Spot clean walls, appliances, light switches and doors X Clean and disinfect counter tops and sinks X Clean sides of counters and trash receptacles X Clean interior of oven, microwave & trash receptacles X Conference Rooms (5) & Council Chamber (1) DAILY WEEKLY MONTHLY Empty wastebaskets X Spot clean walls, light switches and doors X Spot clean and vacuum all carpeted floors X Wipe down table tops X Dust furniture, fixtures, equipment and accessories X Dust all surfaces, furniture, and ledges within reach X Vacuum edges and corners using tank vacuum X Clean all ceiling vents X Dust surfaces above normal reach, including sills, ledges, moldings, shelves, door frames, pictures and wall vents X Elevators (2) DAILY WEEKLY MONTHLY Vacuum and spot clean carpeted floors X Clean and polish elevator brightwork X Vacuum edges and corners using tank vacuum X Detail clean elevator tracks removing visible soil, polish as needed X General Offices (5 Non-Public Areas) DAILY WEEKLY MONTHLY Empty wastebaskets and remove trash to designated areas X Empty recycling containers and remove recyclables to designated areas X Spot clean partition and door glass X Spot clean walls, light switches, doors and kick plates X Vacuum carpeted floors X Dust all furniture, fixtures, equipment and accessories X Dust all surfaces including furniture tops, ledges and blinds within normal reach X Spot clean carpeted areas X Dust all surfaces above normal reach including sill, ledges, moldings, shelves, door frames, pictures and wall vents X Vacuum edges and corners using tank vacuum X All doors to be kept free of dirt and oil buildup at knobs, push plates and handle areas X Feather dust and wipe down art work X Hallways (2 Public) and Stairways (2 Public) DAILY WEEKLY MONTHLY Clean all furniture, fixtures, equipment, and accessories X Dust all surfaces including furniture tops, railings and ledges within normal reach X Spot clean glass partitions and door glass X Spot clean walls, light switches and doors X Dust mop open areas X Dust and wet mop all hard surface floors X Vacuum and spot clean carpeted floors X Clean all ceiling vents X Empty waste baskets and remove trash X Janitor Closets (2) DAILY WEEKLY MONTHLY Clean and arrange all equipment X Empty vacuum cleaner bags X Maintain and update SDS Sheet and Cleaning Log Book X Main Lobby and Entry Vestibules DAILY WEEKLY MONTHLY Empty wastebaskets and remove trash and recycling to designated areas X Dust high and low surfaces within reach X Spot clean glass partitions and glass door X Spot clean furniture, walls, switches and doors X Clean and polish all metal brightwork X Vacuum and spot clean all carpeted floors X Vacuum walk-off mats X Dust and damp mop all hard surface floors X Extract walk-off mats during winter months X Extract inlay and walk-off mats during summer months X Vacuum edges and corners X Remove and vacuum below tread mats X Dust and spot clean furniture, fixtures, equipment and accessories X Clean all ceiling wall vents and cold air returns X Machine scrub hard surface floors Bi-Monthly Clean both sides of all glass doors and wipe frames X Dust rails and ledges, spot clean walls, sweep and damp mop stairwells X Clean stairwell glass X Dust high level ledges, sills X Other Entry Vestibules (3) and Mud Rom DAILY WEEKLY MONTHLY Dust all surfaces including furniture tops and ledges within normal reach X Spot clean windows, partitions and glass doors X Wipe non-glass doors and kick plates X Vacuum mats X Dust and wet mop all hard surface floors X Extract inlay and walk-off mats in winter months X Office Work Stations (45 Workstations) DAILY WEEKLY MONTHLY Empty wastebaskets and remove trash to designated areas X Empty recycling containers and remove recyclables to designated areas X Vacuum carpeted floors X Dust all furniture, fixtures, equipment and accessories X Dust all surfaces, furniture, and ledges within reach X Vacuum edges and corners using tank vacuum X Damp mop plastic carpet savers under desk chairs X Restrooms (6) DAILY WEEKLY MONTHLY Clean drinking fountains X Clean and sanitize all fixtures X Clean ceiling fan vents X Inspect and fill dispensers X Empty waste receptacles X Damp wipe all waste receptacles with a disinfectant X Clean and polish mirrors X Dust and spot clean all surfaces to include: dispensers, partitions, walls and doors X Clean and sanitize all sinks, counter tops tile walls and partitions X Clean, polish all metal brightwork X Sweep, mop and disinfect all floors X Replace paper products X Machine scrub floors using germicidal disinfectant X Wash partitions on both sides using disinfectant X Clean all ceiling vents X Tile Floor Care (Approximately 900 SF on Lower Level) FREQUENCY Strip and Wax ANNUALLY Vehicle Maintenance Building – 7730 Golden Valley Road, Golden Valley, MN 55427 (2,500 ft2) Contractor shall provide the Services in the table below at the Vehicle Maintenance Building Monday through Friday after 3:30 pm. The City may modify the Services and the times during which they are provided in its sole discretion and at any time. Vehicle Maintenance Upper Level Tile Rubber Matting VCT Mop Sink Non-Slip Flooring Areas Not Cleaned Vehicle Maintenance Lower Level Tile Rubber Matting VCT Mop Sink Non-Slip Flooring Areas Not Cleaned Kitchen Areas (2) & Lunchroom (1) DAILY WEEKLY MONTHLY Empty trash receptacles, replace liners X Remove trash to designated areas X Spot clean walls, appliances, light switches and doors X Clean and disinfect counter tops and sinks X Clean sides of counters and trash receptacles X Clean interior of oven, microwave & trash receptacles X Offices (3), Mezzanine, and Stairway DAILY WEEKLY MONTHLY Clean all furniture, fixtures, equipment and accessories X Dust all surfaces, furniture, railings and ledges within reach X Spot clean glass partitions and door glass X Spot clean walls, light switches and doors X Dust mop open areas X Dust and wet mop all hard surface floors X Vacuum and spot clean carpeted floors X Clean all ceiling vents X Empty waste baskets and remove trash X Janitor Closet DAILY WEEKLY MONTHLY Clean and arrange all equipment X Empty vacuum cleaner bags X Maintain and update SDS Sheet and Cleaning Log Book X Restrooms (3) / Locker Rooms (2) / Showers (2) DAILY WEEKLY MONTHLY Clean drinking fountains X Clean and sanitize all fixtures X Clean ceiling fan vents X Inspect and fill dispensers X Empty waste receptacles X Damp wipe all waste receptacles with a disinfectant X Clean and polish mirrors X Spot clean all surfaces, dispensers, walls and doors X Sanitize all sinks, counter tops, tile walls and partitions X Clean, polish all metal brightwork X Sweep, mop and disinfect all floors X Replace paper products X Machine scrub floors using germicidal disinfectant EVERY OTHER MONTH Wash partitions on both sides using disinfectant X Tile Floor Care FREQUENCY Strip and Wax ANNUALLY Utility Maintenance Building – 7720 Golden Valley Road, Golden Valley, MN 55427 (3,800 ft2) Contractor shall provide the Services in the table below at the Utilities Maintenance Building Monday through Friday after 3:30 pm. The City may modify the Services and the times during which they are provided in its sole discretion and at any time. Lower Level Tile Rubber Matting VCT Mop Sink Non-Slip Flooring Areas Not Cleaned Kitchen Area (1) & Lunchrooms (1) DAILY WEEKLY MONTHLY Empty trash receptacles, replace liners X Remove trash to designated areas X Spot clean walls, appliances, light switches and doors X Clean and disinfect counter tops and sinks X Clean sides of counters and trash receptacles X Clean interior of oven, microwave & trash receptacles X Offices (3), Hallway, Stairway, and Entryway DAILY WEEKLY MONTHLY Clean all furniture, fixtures, equipment and accessories X Dust all surfaces, furniture, railings and ledges within reach X Spot clean glass partitions and door glass X Spot clean walls, light switches and doors X Dust and wet mop all hard surface floors X Vacuum and spot clean carpeted floors X Clean all ceiling vents X Empty waste baskets and remove trash X Janitor Closet DAILY WEEKLY MONTHLY Clean and arrange all equipment X Empty vacuum cleaner bags X Maintain and update SDS Sheet and Cleaning Log Book X Restrooms (1) / Locker Rooms (2) / Showers (1) DAILY WEEKLY MONTHLY Clean drinking fountains X Clean and sanitize all fixtures X Clean ceiling fan vents X Inspect and fill dispensers X Empty waste receptacles X Damp wipe all waste receptacles with a disinfectant X Clean and polish mirrors X Spot clean all surfaces, dispensers, walls and doors X Sanitize all sinks, counter tops, tile walls and partitions X Clean, polish all metal brightwork X Sweep, mop and disinfect all floors X Replace paper products X Machine scrub floors using germicidal disinfectant EVERY OTHER MONTH Wash partitions on both sides using disinfectant X Tile Floor Care FREQUENCY Strip and Wax ANNUALLY Park Maintenance Building – 7708 Golden Valley Road, Golden Valley, MN 55427 (2,000 ft2) Street Maintenance Building – 7710 Golden Valley Road, Golden Valley, MN 55427 (3,000 ft2) Contractor shall provide the Services in the table below at the Parks and Streets Maintenance Buildings Monday through Friday after 3:30 pm. The City may modify the Services and the times during which they are provided in its sole discretion and at any time. Lower Level Tile Rubber Matting VCT Mop Sink Non-Slip Flooring Areas Not Cleaned Kitchen Area (1) & Lunchrooms (1) DAILY WEEKLY MONTHLY Empty trash receptacles, replace liners X Remove trash to designated areas X Spot clean walls, appliances, light switches and doors X Clean and disinfect counter tops and sinks X Clean sides of counters and trash receptacles X Clean interior of oven, microwave & trash receptacles X Offices (2), Storeroom (1), and Stairway DAILY WEEKLY MONTHLY Clean all furniture, fixtures, equipment and accessories X Dust all surfaces, furniture, railings and ledges within reach X Spot clean glass partitions and door glass X Spot clean walls, light switches and doors X Dust mop open areas X Dust and wet mop all hard surface floors X Vacuum and spot clean carpeted floors X Clean all ceiling vents X Empty waste baskets and remove trash X Janitor Closet DAILY WEEKLY MONTHLY Clean and arrange all equipment X Empty vacuum cleaner bags X Maintain and update SDS Sheet and Cleaning Log Book X Restrooms (2) / Locker Rooms (1) / Showers (1) DAILY WEEKLY MONTHLY Clean drinking fountains X Clean and sanitize all fixtures X Clean ceiling fan vents X Inspect and fill dispensers X Empty waste receptacles X Damp wipe all waste receptacles with a disinfectant X Clean and polish mirrors X Spot clean all surfaces, dispensers, walls and doors X Sanitize all sinks, counter tops, tile walls and partitions X Clean, polish all metal brightwork X Sweep, mop and disinfect all floors X Replace paper products X Machine scrub floors using germicidal disinfectant EVERY OTHER MONTH Wash partitions on both sides using disinfectant X Tile Floor Care FREQUENCY Strip and Wax ANNUALLY Public Safety Building – 7700 Golden Valley Road, Golden Valley, MN 55427 (20,000 ft2) Contractor shall provide the Services in the table below at the Public Safety Building Monday through Saturday after 5:00 pm. The City may modify the Services and the times during which they are provided in its sole discretion and at any time. Public Safety Upper Level Tile Rubber Matting VCT Mop Sink Non-Slip Flooring Areas Not Cleaned Public Safety Lower Level Tile Rubber Matting VCT Mop Sink Non-Slip Flooring Areas Not Cleaned Coffee Stations (__), Kitchens (2), Lunchrooms (2) DAILY WEEKLY MONTHLY Empty trash receptacles, replace liners X Remove trash to designated areas X Spot clean walls, appliances, light switches and doors X Clean and disinfect counter tops and sinks X Clean sides of counters and trash receptacles X Clean interior of oven, microwave & trash receptacles X Conference Rooms (__) DAILY WEEKLY MONTHLY Empty wastebaskets X Spot clean walls, light switches and doors X Spot clean and vacuum all carpeted floors X Wipe down table tops X Dust furniture, fixtures, equipment, and accessories X Dust all surfaces, furniture, railings and ledges within reach X Vacuum edges and corners using tank vacuum X Clean all ceiling vents X Dust surfaces above normal reach, including sills, ledges, moldings, shelves, door frames, pictures and wall vents X Elevator (1) DAILY WEEKLY MONTHLY Vacuum and spot clean carpeted floors X Clean and polish elevator brightwork X Vacuum edges and corners using tank vacuum X Clean elevator tracks removing visible soil; polish X Exterior Entrance Services DAILY WEEKLY MONTHLY Empty waste and remove trash and recycling X Common Areas DAILY WEEKLY MONTHLY Empty wastebaskets and remove trash X Empty recycling containers and remove recyclables X Spot clean partition and door glass X Spot clean walls, light switches, doors and kick plates X Vacuum carpeted floors X Dust all furniture, fixtures, equipment and accessories X Dust all surfaces, furniture, ledges and blinds within reach X Spot clean carpeted areas X Dust all surfaces above normal reach including sill, ledges, moldings, shelves, door frames, pictures and wall vents X Vacuum edges and corners using tank vacuum X All doors to be kept free of dirt and oil buildup at knobs, push plates and handle areas X Feather dust and wipe down art work X Hallways and Stairways DAILY WEEKLY MONTHLY Clean all furniture, fixtures, equipment, and accessories X Dust all surfaces, furniture, railings and ledges within reach X Spot clean glass partitions and door glass X Spot clean walls, light switches and doors X Dust mop open areas X Dust and wet mop all hard surface floors X Vacuum and spot clean carpeted floors X Clean all ceiling vents X Empty waste baskets and remove trash X Janitor Closet DAILY WEEKLY MONTHLY Clean and arrange all equipment X Empty vacuum cleaner bags X Maintain and update SDS Sheets and Cleaning Log Book X Lobby and Entry Vestibules DAILY WEEKLY MONTHLY Empty wastebaskets and remove trash and recycling to designated areas X Dust high and low surfaces within reach X Spot clean glass partitions and glass door X Spot clean furniture, walls, switches and doors X Clean and polish all metal brightwork X Vacuum and spot clean all carpeted floors X Vacuum walk-off mats X Dust and damp mop all hard surface floors X Extract walk-off mats during winter months X Extract inlay and walk-off mats during summer months X Vacuum edges and corners X Remove and vacuum below tread mats X Dust and spot clean furniture, fixtures, equipment and accessories X Clean all ceiling wall vents and cold air returns X Machine scrub hard surface floors BI-MONTHLY Clean both sides of all glass doors and wipe frames X Dust rails and ledges, spot clean walls, sweep and damp mop stairwells X Clean stairwell glass X Dust high level ledges, sills X Office Work Stations DAILY WEEKLY MONTHLY Empty wastebaskets and remove trash to designated areas X Empty recycling containers and remove recyclables to designated areas X Vacuum carpeted floors X Dust all furniture, fixtures, equipment and accessories X Dust all surfaces including furniture tops and ledges within normal reach X Vacuum edges and corners using tank vacuum X Damp mop plastic carpet savers under desk chairs X Restrooms / Locker Rooms / Showers DAILY WEEKLY MONTHLY Clean drinking fountains X Clean and sanitize all fixtures X Clean ceiling fan vents X Inspect and fill dispensers X Empty waste receptacles X Damp wipe all waste receptacles with a disinfectant X Clean and polish mirrors X Dust and spot clean all surfaces to include: dispensers, partitions, walls and doors X Clean and sanitize all showers, sinks, counter tops tile walls and partitions X Clean, polish all metal brightwork X Sweep, mop and disinfect all floors X Replace paper products X Machine scrub floors using germicidal disinfectant EVERY OTHER MONTH Wash partitions on both sides using disinfectant X Clean all ceiling vents X Public Safety Squad Car Garages (11 Stalls) DAILY WEEKLY MONTHLY Broom clean and empty trash receptacles X Tile Floor Care FREQUENCY Strip and Wax ANNUALLY Fire Station 2 – 400 Turners Crossroads South, Golden Valley, MN 55416 (2,000 ft2) Fire Station 3 – 3700 Golden Valley Road, Golden Valley, MN 55422 (2,100 ft2) Contractor shall provide the Services in the table below at Fire Station No. 2 and Fire Station No. 3 three times per week on weekdays during the mid-afternoon. The City may modify the Services and the times during which they are provided in its sole discretion and at any time. Fire Station 2 Tile Rubber Matting VCT Mop Sink Non-Slip Flooring Areas Not Cleaned Fire Station 3 Tile Rubber Matting VCT Mop Sink Non-Slip Flooring Areas Not Cleaned Kitchens and Lunchrooms 3 TIMES PER WEEK WEEKLY MONTHLY Empty trash receptacles, replace liners X Remove trash to designated areas X Spot clean walls, appliances, light switches and doors X Clean and disinfect counter tops and sinks X Clean sides of counters and trash receptacles X Clean interior of oven, microwave & trash receptacles X Conference Rooms 2-3 TIMES PER WEEK WEEKLY MONTHLY Empty wastebaskets X Spot clean walls, light switches and doors X Spot clean and vacuum all carpeted floors X Wipe down table tops X Dust furniture, fixtures, equipment, and accessories X Dust all surfaces, furniture, railings and ledges within reach X Vacuum edges and corners using tank vacuum X Clean all ceiling vents X Dust surfaces above normal reach, including sills, ledges, moldings, shelves, door frames, pictures and wall vents X Exterior Entrance Services 2-3 TIMES PER WEEK WEEKLY MONTHLY Empty waste and remove trash and recycling to designated areas X General Offices 2-3 TIMES PER WEEK WEEKLY MONTHLY Empty wastebaskets and remove trash to designated areas X Empty recycling containers and remove recyclables to designated areas X Spot clean partition and door glass X Spot clean walls, light switches, doors and kick plates X Vacuum carpeted floors X Dust all furniture, fixtures, equipment and accessories X Dust all surfaces, furniture, ledges and blinds within reach X Spot clean carpeted areas X Dust all surfaces above normal reach including sill, ledges, moldings, shelves, door frames, pictures and wall vents X Vacuum edges and corners using tank vacuum X All doors to be kept free of dirt and oil buildup at knobs, push plates and handle areas X Feather dust and wipe down art work X Hallways 2-3 TIMES PER WEEK WEEKLY MONTHLY Clean all furniture, fixtures, equipment, and accessories X Dust all surfaces, furniture, railings and ledges within reach X Spot clean glass partitions and door glass X Spot clean walls, light switches and doors X Dust mop open areas X Dust and wet mop all hard surface floors X Vacuum and spot clean carpeted floors X Clean all ceiling vents X Empty waste baskets and remove trash X Janitor Closet 2-3 TIMES PER WEEK WEEKLY MONTHLY Clean and arrange all equipment X Empty vacuum cleaner bags X Maintain and update SDS Sheets and Cleaning Log Book X Lobby and Entry Vestibules 2-3 TIMES PER WEEK WEEKLY MONTHLY Empty wastebaskets and remove trash and recycling to designated areas X Dust high and low surfaces within reach X Spot clean glass partitions and glass door X Spot clean furniture, walls, switches and doors X Clean and polish all metal brightwork X Vacuum and spot clean all carpeted floors X Vacuum walk-off mats X Dust and damp mop all hard surface floors X Extract walk-off mats during winter months X Extract inlay and walk-off mats during summer months X Vacuum edges and corners X Remove and vacuum below tread mats X Dust and spot clean furniture, fixtures, equipment and accessories X Clean all ceiling wall vents and cold air returns X Machine scrub hard surface floors X Clean both sides of all glass doors and wipe frames X Dust rails and ledges, spot clean walls, sweep and damp mop stairwells X Clean stairwell glass X Dust high level ledges, sills X Work Stations 2-3 TIMES PER WEEK WEEKLY MONTHLY Empty wastebaskets and remove trash to designated areas X Empty recycling containers and remove recyclables to designated areas X Vacuum carpeted floors X Dust all furniture, fixtures, equipment and accessories X Dust all surfaces including furniture tops and ledges within normal reach X Vacuum edges and corners using tank vacuum X Damp mop plastic carpet savers under desk chairs X Restrooms / Locker Rooms / Showers 2-3 TIMES PER WEEK WEEKLY MONTHLY Clean drinking fountains X Clean and sanitize all fixtures X Clean ceiling fan vents X Inspect and fill dispensers X Empty waste receptacles X Damp wipe all waste receptacles with a disinfectant X Clean and polish mirrors X Dust and spot clean all surfaces to include: dispensers, partitions, walls and doors X Clean and sanitize all showers, sinks, counter tops tile walls and partitions X Clean, polish all metal brightwork X Sweep, mop and disinfect all floors X Replace paper products X Machine scrub floors using germicidal disinfectant EVERY OTHER MONTH Wash partitions on both sides using disinfectant X Clean all ceiling vents X CUSTODIAL SERVICES AGREEMENT FOR BROOKVIEW AND PARK BUILDINGS THIS CUSTODIAL SERVICES AGREEMENT (the “Agreement”) is made and entered by and between Stratus Building Solutions (“Contractor”) and the City of Golden Valley (the “City”) (collectively the “Parties” and individually a “Party”). RECITALS WHEREAS, the City desires to engage a contractor to provide custodial services at certain City-owned locations; WHEREAS, the City issued a Request for Proposals for Custodial Services (the “RFP”), for the purpose of soliciting proposals for the provision of custodial services at the City-owned locations; WHEREAS, Contractor submitted a Proposal to provide custodial services; and WHEREAS, the City wishes to retain Contractor to provide custodial services at certain City-owned locations, and Contractor is willing to undertake such responsibilities, on the terms and subject to the conditions set forth herein. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. Locations; Services; Access; Modification. Contractor shall provide the services (“Services”) at the locations (“Locations”) described on the attached Appendix A. The City may, in its sole discretion and at any time, modify the Services and the time for performance. The City shall provide Contractor with reasonable access to the Locations so that Contractor may perform its obligations under this Agreement. Contractor shall provide cleaning equipment, excluding a floor scrubber for Brookview, necessary to perform its obligations under this Agreement. The City shall provide certain disposable products, including paper towels, toilet paper, soap, and liners, for Contractor’s use for restocking. The City shall provide certain chemicals for the Contractor’s use for cleaning and disinfection. Contractor’s staff shall, if requested by the City, wear City IDs and/or uniforms while performing the Services. 2. Compensation; Billing. The City shall compensate Contractor $4,846.25 per month for Services performed. Contractor shall submit monthly invoices to the City that describe in sufficient detail the Services rendered. Invoices (“Invoices”) shall be submitted to the City Council for approval at the first City Council meeting following receipt. The City shall pay Contractor within thirty-five (35) days after each Invoice is approved. 3. Compensation to Contractor’s Workforce. All persons employed by the Contractor, or Contractor’s franchisee’s or independent contractors in the performance of this Agreement shall be paid, without subsequent deduction or rebate, not less than fifteen dollars per hour. Any breach or violation of the foregoing shall be deemed a breach or violation of a material provision of this Agreement and grounds for immediate termination of the Agreement by the City. No later than January 30th of each year, Contractor shall submit to the City documentary evidence of payment during the previous calendar year. 4. Term. The initial term of this Agreement shall commence on January 1, 2022 and continue through December 31, 2025, unless earlier terminated pursuant to the provisions of this Agreement. 5. Termination. Either Party may terminate this Agreement by giving ninety (90) days’ prior written notice to the other Party. In the event of termination of this Agreement, Contractor shall cease its provision of Services and the City shall pay to Contractor all undisputed amounts due for Services provided by Contractor prior to the date of termination. 6. Ownership; Assumption of Risks. All equipment owned by Contractor and brought to the Locations shall remain the property of the Contractor. Contractor assumes all risk of loss or damage of Contractor’s equipment at the Locations, including any loss or damage caused by water leakage, fire, explosion, theft, vandalism, or any other cause. 7. Independent Contractor Relationship. The City and Contractor agree that Contractor is an independent contractor and not an employee of the City. Contractor shall retain the sole and exclusive right to control the manner and means by which the Services are performed under this Agreement. Contractor shall be solely and entirely responsible for its acts and for the acts of its employees, agents, and subcontractors in connection with its provision of Services. Contractor shall be responsible for the compensation and benefits of Contractor’s employees and for payment of all federal, state and local taxes payable with respect to any amounts paid to Contractor under this Agreement. No payroll or employment taxes of any kind shall be withheld or paid by the City with respect to payments to Contractor, including but not limited to, FICA, FUTA, federal and state personal income tax, state disability insurance tax and state unemployment tax. Contractor shall not be entitled to any benefits from the City, including, without limitation, insurance benefits, sick and vacation leave, workers’ compensation benefits, unemployment compensation, disability, severance pay, or retirement benefits. 8. Cleaning Products. Cleaning products and materials, including hard-floor and carpet-care products shall, when possible, meet the requirements of IEQc3.3: Green Cleaning - Purchase of Sustainable Cleaning Products and Materials. Product types subject to these requirements include, but are not limited to, bio-enzymatic cleaners, hard- floor cleaners, carpet cleaners, general-purpose cleaners, specialty cleaners, odor control, disinfectants, disposable janitorial paper products and trash bags, and hand soaps. The practices listed in section 8 shall be implemented, to the extent practicable, with a target goal of 50% of products complying by July 1, 2022, and 100% complying by January 1, 2023. Contractor shall submit an annual report of the cleaning products used in the performance of this Agreement. The report shall at minimum include name of the purchased item, date of purchase, product category, sustainability criteria (if applicable), cost per item, quantity purchased, percentage of the compliant and noncompliant products, to determine achievement of performance target goals. 9. Cleaning Equipment. Cleaning equipment, shall when possible, meet the requirements of IEQc3.4: Green Cleaning - Sustainable Cleaning Equipment. Equipment subject to these requirements include, but are not limited to, cloths, mops, brooms, dusters, floor scrubbers, and vacuums. The equipment listed in section 9 shall be implemented, to the extent practicable, with a target goal of 50% of equipment complying by July 1, 2022 and 100% complying by January 1, 2023. Contractor shall submit an annual report of the cleaning equipment used in the performance of this Agreement. The report shall at minimum include name of the purchased item, date of purchase, equipment category, sustainability criteria (if applicable), cost per item, quantity purchased, percentage of the compliant and noncompliant equipment, to determine achievement of performance target goals. 10. Background Checks. All of Contractor’s employees and independent contractors having access to City facilities shall submit to a background check conducted by the City of Golden Valley Police Department and must wear ID badges and company uniforms while working on City property. All background checks shall be completed prior to granting access to City facilities. 11. Compliance with Applicable Laws; Representations; Performance. Contractor shall comply with all applicable federal, state, and local laws, rules, regulations, codes, ordinances and orders. Contractor represents that it has in effect, and shall maintain in effect, all permits, licenses, and other authorizations necessary for its provision of the Services. Contractor is not aware of any fact or circumstance that would prevent Contractor from performing in accordance with this Agreement. Contractor represents and warrants that Contractor has the requisite training, skills, and experience necessary to provide the Services contemplated by this Agreement and that the Services will be performed using personnel, equipment, and material qualified and suitable to perform the Services requested. Contractor will perform its obligations hereunder with reasonable care and skill, in a diligent and professional manner and in accordance with accepted professional practices and industry standards. 12. Insurance. Contractor, at its expense, shall procure and maintain in force for the duration of this Agreement the following minimum insurance coverages: a. General Liability. Contractor agrees to maintain commercial general liability insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, products-completed operations, personal injury, advertising injury, and contractually assumed liability. The City shall be endorsed as additional insured on all relevant insurance policies obtained by Contractor. b. Automobile Liability. Contractor shall maintain commercial automobile liability insurance, including owned, hired, and non-owned automobiles, with a minimum liability limit of $1,000,000 combined single limit. c. Workers’ Compensation. Contractor agrees to provide workers’ compensation insurance for all its employees in accordance with the statutory requirements of the State of Minnesota. Contractor shall also carry employers liability coverage with minimum limits are as follows: $500,000 – Bodily Injury by Disease per employee; $500,000 – Bodily Injury by Disease aggregate; and $500,000 – Bodily Injury by Accident. Prior to commencing the Services, Contractor shall deliver to the City a Certificate of Insurance as evidence that the above coverages are in full force and effect. The insurance requirements may be met through any combination of primary and umbrella/excess insurance. Contractor’s policies shall be the primary insurance to any other valid and collectible insurance available to the City with respect to any claim arising out of Contractor’s performance under this Agreement. Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. 13. Indemnification. Contractor agrees to defend, indemnify and hold harmless the City, its elected officials, officers, employees and/or agents from any liability, claims, demands, suits, penalties, personal injury, judgments and/or costs of any kind whatsoever, arising out of, or in any way resulting from, the acts or omissions of Contractor, its officers, employees and agents, with respect to Contractor’s provision of Services or any breach of this Agreement by Contractor. Defense of any action or proceeding shall be at the expense of the Contractor by counsel reasonably satisfactory to the City. The provisions of this Section 10 shall survive termination of this Agreement. 14. Notices. All notices and other communications provided for in this Agreement shall be by electronic delivery with receipt confirmed. City of Golden Valley: Tim Kieffer, Public Works Director tkieffer@goldenvalleymn.gov Contractor: Stratus Building Solutions ehusemann@stratusclean.com 15. Severability. If any provisions of this Agreement are declared invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. 16. Entire Agreement. This Agreement, together with the terms of the RFP, constitute the entire agreement between the Parties concerning the subject matter herein and shall replace and supersede any and all other previous oral or written agreements between the Parties on that subject matter. In the event that the terms of this Agreement conflict with the terms of the RFP, the terms of this Agreement shall control. 17. Amendment. This Agreement may be modified only by a written amendment signed by the Parties. 18. Assignment. The Parties may not transfer or assign this Agreement or any of their rights or obligations hereunder without the prior written consent of the other Party. This Agreement shall be binding upon, and shall inure to the benefit of, the Parties and their respective permitted successors and assigns. 19. Counterparts. This Agreement may be executed in any number of counterparts, all of which shall constitute a single Agreement. 20. Governing Law; Forum. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. Any action to enforce any provision of this Agreement shall be commenced in the Hennepin County District Court, Fourth Judicial District in Minnesota. 21. Government Data/Privacy. Contractor shall abide by the applicable provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (the “Act”), and all other applicable state or federal rules, regulations, or orders pertaining to privacy or confidentiality. Contractor understands that all of the data created, collected, received, stored, used, maintained, or disseminated by Contractor in performing those functions that the City would perform is subject to the requirements of the Act, and Contractor must comply with those requirements as if it were a government entity. This does not create a duty on the part of Contractor to provide the public with access to public data if the public data is available from the City, except as required by the terms of this Agreement. 22. Nondiscrimination. In the hiring of employees to perform work under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic or classification protected by state or federal law. 23. Waiver. The waiver by either Party of any breach or failure to comply with any provision of this Agreement by the other Party shall not be construed as or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. [Signature Page to Follow] IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first stated above. DECEMBER 21, 2021 CITY OF GOLDEN VALLEY By: Shepard M. Harris Its: Mayor By: Timothy J. Cruikshank Its: City Manager STRATUS BUILDING SOLUTIONS By: Eric Husemann Its: Sales Manager Appendix A: Services and Locations Brookview – 316 Brookview Parkway South, Golden Valley, MN 55426 Contractor shall provide the Services in the table below at Brookview daily Sunday through Thursday between 11:00 p.m. and 5:00 a.m., and on Friday and Saturdays between 12:00 a.m. and 5:00 a.m. The City may modify the Services and the times during which they are provided in its sole discretion and at any time. The City will provide cleaning chemicals and a floor scrubber for this location. Lower Level Upper Level 1. Kitchen & Senior Lounge - Valley Room South Daily Weekly Monthly a. Empty trash receptacles, replace liners, and remove trash to designated areas X b. Spot clean walls, appliances, light switches and doors X c. Clean and disinfect counter tops and sinks X d. Clean sides of counters and trash receptacles X e. Clean interior of oven, microwave & trash receptacles X f. Dust furniture, fixtures, equipment and accessories within normal reach X g. Vacuum edges and corners using tank vacuum X h. Clean all ceiling vents X i. Dust surfaces above normal reach, including sills, ledges, moldings, shelves, door frames, pictures and wall vents X 2. Conference Rooms - Sweeny Lake & Rice Lake Conference Rooms Daily Weekly Monthly a. Empty wastebaskets X b. Spot clean walls, light switches and doors X c. Spot clean and vacuum all carpeted floors X d. Wipe down table tops X e. Dust furniture, fixtures, equipment and accessories within normal reach X f. Vacuum edges and corners using tank vacuum X g. Clean all ceiling vents X h. Dust surfaces above normal reach, including sills, ledges, moldings, shelves, door frames, pictures and wall vents X 3. Elevator Daily Weekly Monthly a. Vacuum and spot clean carpeted floors X b. Clean and polish elevator brightwork X c. Vacuum edges and corners using tank vacuum X d. Detail clean elevator tracks removing visible soil, polish as needed X 4. Hallways and Stairways Daily Weekly Monthly a. Clean all furniture, fixtures, equipment and accessories X b. Dust all surfaces including furniture tops, railings and ledges within normal reach X c. Clean glass partitions and door glass 2 x per week d. Spot clean walls, light switches and doors X e. Dust mop open areas X f. Dust and wet mop all hard surface floors X g. Vacuum and spot clean carpeted floors X h. Clean all ceiling vents X i. Empty waste baskets and remove trash X j. Clean drinking fountains X 5. Janitor Closet Daily Weekly Monthly a. Clean and arrange all equipment X b. Empty vacuum cleaner bags X c. Maintain MSDS Sheets and Cleaning Log Book X 6. Main Entrance, Lobby and Entry Vestibules Daily Weekly Monthly a. Empty wastebaskets and remove trash and recycling X b. Dust high and low surfaces within reach X c. Clean glass partitions and glass doors 2 x per week d. Clean furniture, walls, switches and doors X e. Clean and polish all metal brightwork X f. Vacuum and spot clean all carpeted floors X g. Vacuum walk-off mats X h. Dust and damp mop all hard surface floors X i. Vacuum edges and corners X j. Remove and vacuum below tread mats X k. Clean all ceiling wall vents and cold air returns X l. Machine scrub hard surface floors X m. Dust rails and ledges, spot clean walls, sweep and damp mop stairwells X n. Clean stairwell glass 2 x per week o. Dust high level ledges, sills X p. Wipe non-glass doors and kick plates X 7. Restrooms / Locker Rooms / Showers Daily Weekly Monthly a. Clean drinking fountains X b. Clean and sanitize all fixtures X c. Clean ceiling fan vents X d. Inspect and fill dispensers X e. Empty waste receptacles X f. Damp wipe all waste receptacles with a disinfectant X g. Clean and polish mirrors X h. Dust and spot clean all surfaces to include: dispensers, partitions, walls and doors X i. Clean and sanitize all sinks, counter tops tile walls and partitions X j. Clean, polish all metal brightwork X k. Sweep, mop and disinfect all floors X l. Replace paper products X m. Machine scrub floors using germicidal disinfectant X n. Wash partitions on both sides using disinfectant X o. Clean and disinfect toilets X p. Clean and disinfect showers X q. Damp wipe and disinfect locker surfaces X 8. Meeting Rooms - Wirth Lake Room & Valley Room North Daily Weekly Monthly a. Vacuum and spot clean carpet X b. Sweep and mop floors X c. Damp wipe and disinfect sufaces X d. Refill paper towels and soap dispenser X e. Wipe walls and window ledges X f. Clean and polish mirrors 2 x per week 9. Playground Area - Backyard Indoor Play Area and Party Rooms Daily Weekly Monthly a. Clean walkways X b. Empty trash X c. Clean windows and glass partitions 2 x per week d. Dust and wet mop floors in party rooms X e. Clean tables and countertops in party rooms X 10. Banquet Room - Basset Creek North & South Daily Weekly Monthly a. Empty wastebaskets X b. Spot clean walls, light switches and doors X c. Clean and vacuum all carpeted floors X d. Dust and wet mop all hard floors X e. Machine scrub hard floors X d. Dust furniture, fixtures, equipment and accessories within normal reach X g. Vacuum edges and corners using tank vacuum X h. Clean all ceiling vents X i. Dust surfaces above normal reach, including sills, ledges, moldings, shelves, door frames, pictures and wall vents X Golf Maintenance Building – 101 Brookview Parkway, Golden Valley, MN 55426 Contractor shall provide the Services in the table below at the Golf Maintenance Building daily Monday through Friday between April 1st and October 31st, and Monday, Wednesday, and Friday between November 1st and March 31st between 5:00 pm. – 5:00 a.m. The City may modify the Services and the times during which they are provided in its sole discretion and at any time. The City will provide cleaning chemicals for this location. 1. Office Work Stations Daily Weekly Monthly a. Empty wastebaskets and remove trash to designated areas X b. Empty recycling containers and remove recyclables to designated areas X c. Vacuum carpeted floors X d. Dust all furniture, fixtures, equipment and accessories X e. Dust all surfaces including furniture tops and ledges within normal reach X f. Vacuum edges and corners using tank vacuum X g. Damp mop plastic carpet savers under desk chairs X 2. Restrooms / Locker Rooms / Showers Daily Weekly Monthly a. Clean drinking fountains X b. Clean and sanitize all fixtures X c. Clean ceiling fan vents X d. Inspect and fill dispensers X e. Empty waste receptacles X f. Damp wipe all waste receptacles with a disinfectant X g. Clean and polish mirrors X h. Dust and spot clean all surfaces to include: dispensers, partitions, walls and doors X i. Clean and sanitize all sinks, counter tops tile walls and partitions X j. Clean, polish all metal brightwork X k. Sweep, mop and disinfect all floors X l. Replace paper products X m. Machine scrub floors using germicidal disinfectant X n. Wash partitions on both sides using disinfectant X o. Clean all ceiling vents X 3. Coffee Stations & Kitchens Daily Weekly Monthly a. Empty trash receptacles, replace liners X b. Remove trash to designated areas X c. Spot clean walls, appliances, light switches and doors X d. Clean and disinfect counter tops and sinks X e. Clean sides of counters and trash receptacles X f. Clean interior of oven, microwave & trash receptacles X g. Mop tile X Brookview Park Small Shelter & Tennis Building Bathrooms – 300 & 401 Brookview Parkway North, Golden Valley, MN 55426 Contractor shall provide the Services in the table below at the Brookview Park Small Shelter and Tennis Building Bathrooms on an as-needed basis between May 1st and October 31st on Saturday and Sunday mornings before 11:00 AM and in the afternoons between 4:00 and 5:00 PM. The City may modify the Services and the times during which they are provided in its sole discretion and at any time. The City will provide cleaning chemicals for these locations. 300 & 401 Brookview Parkway N Each Cleaning a. Clean drinking fountains X b. Clean and polish mirrors and fixtures X c. Refill toilet paper, paper towels, and soap dispensers X d. Empty and wipe down waste receptacles X e. Clean and disinfect all toilets, sinks, counter tops tile, walls and partitions X f. Sweep, mop and disinfect all restoom and shelter floors X g. Wipe down all picnic table benches and tops X h. Scrape grill surfaces X i. Pick up trash around shelters X Brookview Park Large Shelter – 200 Brookview Parkway North, Golden Valley, MN 55426 Contractor shall provide the Services in the table below at the Brookview Park Large Shelter and Bathrooms are required on an as-needed basis between May 1st and October 31st on Saturday and Sunday mornings before 11:00 AM and in the afternoons between 4:00 and 5:00 PM. The City may modify the Services and the times during which they are provided in its sole discretion and at any time. The City will provide cleaning chemicals for this location. 200 Brookview Parkway N Each Cleaning a. Clean and polish mirrors and fixtures X b. Refill toilet paper, paper towels, and soap dispensers X c. Empty and wipe down waste receptacles X d. Clean and disinfect all toilets, sinks, counter tops tile, walls and partitions X e. Sweep, mop and disinfect all restoom and shelter floors X f. Wipe down all picnic table benches and tops X g. Scrape grill surfaces X h. Pick up trash around shelters X i. Wipe down all counter spaces X Schaper Park Bathrooms – 631 Ottowa Avenue North, Golden Valley, MN 55427 Contractor shall provide the Services in the table below at the Schaper Park Bathrooms is required from April 1st to October 31st on Saturday and Sunday afternoons. The City may modify the Services and the times during which they are provided in its sole discretion and at any time. The City will provide cleaning chemicals for this location. 631 Ottowa Ave N Each Cleaning a. Clean drinking fountains X b. Clean and polish mirrors and fixtures X c. Refill toilet paper, paper towels, and soap dispensers X d. Empty and wipe down waste receptacles X e. Clean and disinfect all toilets, sinks, counter tops tile, walls and partitions X f. Sweep, mop and disinfect all restoom and shelter floors X Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. D. 2. Approve Purchase of Three Marked Police Vehicles Prepared By Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Superintendent Summary Staff replace 2 to 3 marked police vehicles yearly to keep the fleet in good driving condition and stabilize the budgetary impact from year to year. Staff evaluate vehicles and equipment on an annual basis to determine replacement programing. The Police Department vehicles scheduled for replacement meet the criteria set forth in the City’s Vehicle Replacement Policy and Vehicle Condition Index (VCI). The VCI is a tool utilized to assess all vehicles and equipment scheduled for replacement. Any vehicle/equipment scoring 23 to 27 points meets the category of “qualifies for replacement.” A vehicle or equipment scoring 28 points and above meets the category of “needs immediate consideration.” Below is a summary of the ratings: Vehicle Condition Index Vehicle Unit No. Year/Make/Model VCI Marked Police Vehicle 838 2017 Ford Police Utility Interceptor 29 Marked Police Vehicle 844 2018 Ford Police Utility Interceptor 28 Marked Police Vehicle 845 2018 Ford Police F-150 Responder 29 Staff recommends purchasing the vehicles from the state contract through the State of Minnesota’s cooperative purchasing venture (CPV). The Minnesota Materials Management Division has awarded contract number 158505. Ordering the vehicles by December 31, 2021 ensures a delivery date before the majority of the other agencies. This helps prevent any delays with supply chain issues and equipment setup. Financial Or Budget Considerations The 2022 Vehicles and Equipment Capital Improvement Program includes $120,000 for the purchase of three marked police vehicles (V&E-001). The total cost for the three vehicles is $113,145.38 City Council Regular Meeting Executive Summary City of Golden Valley December 21, 2021 2 Recommended Action Motion to approve purchase of two 2022 Ford Police F-150 Responders and one 2022 Ford Police Utility Interceptor from Tenvoorde Ford, Inc. in the amount of $113,145.38. Supporting Documents • Tenvoorde Ford Quote (2 pages) CITY OF GOLDEN VALLEY DECEMBER 21, 2021 ______________________________ _____________________________Shepard M. Harris, Mayor Timothy J. Cruikshank, City Manager CITY OF GOLDEN VALLEY DECEMBER 21, 2021 ____________________________ ______________________________Shepard M. Harris, Mayor Timothy J. Cruikshank, City Manager Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. D. 3. Approve Purchase of a Tandem Axle Dump Truck Prepared By Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Superintendent Summary Unit 793, a 2011 tandem axle dump truck with hook-lift system, has reached its useful life cycle and is scheduled to be replaced. Staff evaluate vehicles and equipment on an annual basis to determine replacement programing. The dump truck 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 dump truck due for replacement scored 39 points. The new dump truck will be equipped with a pusher axle, hook-lift system, stainless steel dump body, front and side snowplows, V-box sander with de-icing capabilities, and associated hydraulics and controls. Staff utilizes this equipment for snow removal and other maintenance activities such as paving and hauling. The addition of a pusher axle will allow staff to haul more material per load increasing efficiency. Ordering the cab, chassis and equipment by December 31, 2021 ensures a delivery date before the majority of the other agencies. This helps prevent any delays with supply chain issues and equipment setup. Financial Or Budget Considerations The 2022 Vehicle and Equipment Capital Improvement Program (CIP) includes $285,000 for the purchase of a tandem axle dump truck with hook-lift system (V&E-053). Additionally, the 2022 Storm Sewer CIP includes $67,000 for the purchase of a V-box sander (SS-026). Staff recommends purchasing the equipment from the state contract through the State of Minnesota’s cooperative purchasing venture (CPV). The Minnesota Materials Management Division has awarded the following contracts through the CPV: City Council Regular Meeting Executive Summary City of Golden Valley December 21, 2021 2 Contract No. Item Vendor Amount 194871 2023 Mack Granite 64BR Tandem Axle Cab and Chassis Nuss Truck & Equipment $139,381 193042 Plows, Equipment, Hydraulics and Controls Towmaster Truck Equipment $149,983 Less Unit 773 and Dump Body Trade-in ($25,000) Total Cab, Chassis, and Equipment Less Tax, Title, and License (Charged to Vehicle and Equipment CIP) $264,364 Contract No. Item Vendor Amount 193042 Swenson SS EVDA 14-56 Combo Sander Unit Towmaster Truck Equipment $62,411 Less V-box Roll-Off Trade-in ($7,000) Total Sander Unit (Charged to Storm Sewer CIP) $55,411 Under Minnesota Statutes Section 471.345, the City may dispose of retired equipment by trading it in. Nuss Truck & Equipment has offered $25,000 trade-in value on unit 793 and dump body and $7,000 for the V-box roll-off. Staff believe this is a good offer compared to sales of previous units. Recommended Action • Motion to approve purchase of a 2023 Mack Granite 64BR Tandem Axle Cab and Chassis from Nuss Truck & Equipment in the amount of $139,381. • Motion to approve purchase of plows, equipment, hydraulic controls, and combo sander from Towmaster Truck Equipment in the amount of $212,394. • Motion to approve trade-in of unit 773, dump body and V-box roll-offs from Nuss Truck & Equipment in the amount of $32,000. Supporting Documents • Nuss Truck & Equipment quote (20 pages) • Towmaster Truck Equipment quote (8 pages) EVENT G0210-2000006496 VENDOR INSTRUCTIONS 20 of 20 -------------------------------------------------------------------------------------------------------------------------------------- • J I I I I : __ Spec# __ : Description : Qty: Price : Subtotal : 15.4 Dual 7 pins standard SAE type, end of frame (1) for trailer with electric brakes ( 1 ) for trailer with air brakes 15.5 Hand control valve for trailer brakes 16.0 MANUALS / TRADE-IN INTEREST FEE: Percent interest per month (non-compounding) on unpaid cab & 16.1 chassis balance. Applies only to CPV Members. (Payable after trade-in is delivered to vendor). Percentage/per month. SEE Special Terms and Conditions re interest to State agencies. 16.2 Manuals in print form, parts repair and service, per set 16.3 Manuals in CD form, parts repair and service, per set 16.4 Premium Tech Tool 11.0 Delivery Charges: Price per loaded mile Starting Point 11.1 Roseville, MN 55113 1s.o Maintence/ Body Shop Labor Rates Per Hour 18.1 Rate for Initial lnspection/Diagnostoce 18.2 Rate for Mechanical Work 18.3 Rate for Body Work 19.0 Quantity Discounts: Enter the number of units that must be purchased and the corresponding discount offered to the purchaser. More than one quantity discount may be entered. 20 Next Model Year Upcharges 20.1 Enter the following Production Model Year here »»»»> 20.2 Percentage Upcharge for the following Model Year Base Unit 20.3 Percentage Upcharge for the following Model Year Options ---- $ $ $ $ $ /$ $ $ $ I 1 I I I 158.00 $ 47.00 $ 900.00 $ 500.00 $ 3,200.00 $ 2.001 $ 148.00 $ 148.00 $ 148.00 $ 2023 $ 1.50% $ 1.50% $ - - - -- 2,049.00 Total Cost: $ 139,381.00 ------ -AMENDMENT #1 FOR 2019 MODEt:S--T-A-� CITY OF GOLDEN VALLEY DECEMBER 21, 2021 ______________________________ ______________________________ SHEPARD M. HARRIS, MAYOR TIMOTHY J. CRUIKSHANK, CITY MANAGER TRKQT3 Ship To: Cust: Phone:Bill To:Phone: ATTN: Reference No. PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY GOLDEN VALLEY, CITY OF finance@goldenvalleymn.gov 7800 GOLDEN VALLEY RD GOLDEN VALLEY MARSHALL BEUGEN TIM ERICKSON QT 69933 NET 30 DAYS 11/18/21 12/01/21 3001 Order Comments: **STATE OF MN CONTRACT #193042 AMENDED** Build Instructions F.O.B. LITCHFIELD, MN Qty Part No.Description Price Ea. Net Amt. 1 9900104 - Body 14'6" EDGE-SS/CS130-56-46-46 - - 56" 7 ga Stainless $19,542.00 $19,542.00 Front, 46" 7 ga Stainless Sides (no pockets) 46" 7 ga Stainless Tailgate w/Hardox-450 face, 1/4" Hardox-450 Floor, 8" I-Beam Longsills, Air-trip ready linkage, Underside painted gloss black. **NOTE: MODIFIED WITH HOOKLIFT A-FRAME COMPONENTS BELOW. 1 9905762 - HOOK 200 11' & 400 14' SERIES A-Frame & Sub Frame With $4,817.00 $4,817.00 Rollers **NOTE: DUMP BODY APPLICATION 1 9905763 - DEDUCT Longsills - Towmaster TDM Body HOOKLIFT Application $328.00- $328.00- (must add A-Frame Subframe Option) 1 9901701 - Installation of Dump Body to hoist $1,548.00 $1,548.00 Includes connectivity for electrical & air components on dump body. 1 9900145 - Body acc'y TMTE Air trip kit, w/solenoid valve,$446.00 $446.00 1 9901702 - Installation of air operated tailgate latch kit, with $305.00 $305.00 solenoid valve in hydraulic valve enclosure. 1 9900147 - Body acc Box Vibrator - Cougar model DC3200 $782.00 $782.00 1 9901703 - Installation of Box Vibrator, with solenoid located in $355.00 $355.00 hydraulic valve enclosure. 1 9900156 - Cabshield, 1/2 type Stationary Free-Standing style, w/plain $2,845.00 $2,845.00 STAINLESS STEEL canopy, Hot-Dipped Galvanized *--- Continued ---* MN 55427 USA MN 55427 USA 0/00/00 ** QUOTATION ** TRKQT3 Ship To: Cust: Phone:Bill To:Phone: ATTN: Reference No. PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY GOLDEN VALLEY, CITY OF finance@goldenvalleymn.gov 7800 GOLDEN VALLEY RD GOLDEN VALLEY MARSHALL BEUGEN TIM ERICKSON QT 69933 NET 30 DAYS 11/18/21 12/01/21 3001 tubing construction support stand, Slotted Center Viewing Window, (2) shovel holders, & reservior mounts, Installed. 1 9901227 - Walkrail (1-5/8" SS Perf) dual, Weld-on 14' RS body, $1,514.00 $1,514.00 Attached 1 9900207 - Ladder Flip-A-Way Access ladder (STAINLESS STEEL) Including $548.00 $548.00 Grab Handle above, and Interior Step, ea, Installed SPECIFY LOCATION HERE: LH REAR 1 9904963 - Light Warning TMTE1SSM-3 PKG: 1/2 A 1/2 B, (2) SS 23H $4,679.00 $4,679.00 3-light LED Micro-Edge, 2) 5M-400 Super-LED, (2) Side TIR3 LED, (2 ) 400 Max B-T-T LED, & (2) 400 LED BU Lights, in TRUCK FRAME MOUNTED Stainless MHousings, (1) TIR3 LED Wing light, and (2) 4" LED work lights Installed. NOTE:Blue Lights positioned on RH Front & LH Rear, with flash pattern set to WIG-WAG. 1 9900222 - Light Warning Rear warning lights & 5M housings (removable $4,824.00 $4,824.00 w/body) for hooklift system Installed **NOTE: BLUE & AMBER SPLIT COLOR SYSTEM, IN SAME PATTERN AS TRUCK FRAME. SYSTEMFOR DUMP BODY. 1 9902519 - Light WHELEN MICRO PIONEER spot light, Installed $650.00 $650.00 **NOTE: Mounted on RH CABSHIELD STROBE TUBE, For WING ILLUMINATION use (IN LIEU OF STANDARD LIGHT), Wired to SWITCH IN CAB 1 9905778 - Light Mirror Mounted ABL 3800 LED HEAD LAMP PLOW LIGHTS $1,322.00 $1,322.00 W/ICE MELTING TECHNOLOGY Installed 1 9900267 - Fender set Minimizer M400, for Tandem Axle, black Poly, $1,470.00 $1,470.00 Installed 1 1965280 - Minimizer FKMAC2B Floor Mat Set for MACK SGL & TDM $212.00 $212.00 *--- Continued ---* MN 55427 USA MN 55427 USA 0/00/00 ** QUOTATION ** TRKQT3 Ship To: Cust: Phone:Bill To:Phone: ATTN: Reference No. PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY GOLDEN VALLEY, CITY OF finance@goldenvalleymn.gov 7800 GOLDEN VALLEY RD GOLDEN VALLEY MARSHALL BEUGEN TIM ERICKSON QT 69933 NET 30 DAYS 11/18/21 12/01/21 3001 1 9900950 - Hamsar dual wiper system shaker kit installed $319.00 $319.00 1 9904691 - INSTALLATION of (Initial) Single camera system $305.00 $305.00 **NOTE: MOUNTED ON RH FENDER MT PLOW LIGHT BRACKET, AIMED OUT AND BACK FOR WING OPERATION VIEWING, WIRED AS DEFAULT. SEE ALSO COMBO V-BOX ORDER FOR 3RD CAMERA FEATURE. 2 9904692 - Camera System option, NORTECH 9100-2HC 120 degree night $182.00 $364.00 vision CCD weather-proof HEATED camera, only GEN 5 6100 2 9904693 - Camera System option, NORTECH 9100-4 Harness, 65'$47.00 $94.00 Waterproof GEN 5 6100 1 9904694 - INSTALLATION of Extra Camera, & Harness GEN 5 6100 $152.00 $152.00 **NOTE: MOUNTED ON RH CABSHIELD STROBE TUBE, FOR WING VIEWING USAGE. SEE ALSO COMBO V-BOX ORDER FOR 3RD CAMERA FEATURE. 1 9905502 - PreCise ARC Sensor Mount #1126929, only GEN 5 6100 $36.00 $36.00 1 9905835 - PreCise ARC Sensor #1117640, only, for Wireless GEN 5 $614.00 $614.00 CONTROLLER Applications (LESS MTG BRKT), installed INSTALLED 1 9903214 - Paint Hooklift Hoist (SL300, SL400, & SL500 Series) Gloss $877.00 $877.00 Black **NOTE: Hoists are coated with black primer standars. Topcoat paint is optional 1 9903178 - Hoist, SWAPLOADER SL-400 (43H38LH) Adjustable 53-7/8" to $33,360.00 $33,360.00 61-3/4" jib, 40,000# capacity hooklift hoist, Less Hydraulics 1 9904248 - Install Hooklift Hoist (SL300, SL400, SL500, & SL600 $2,958.00 $2,958.00 Series) to truck chassis, Including hoses & fittings to Central Hyd *--- Continued ---* MN 55427 USA MN 55427 USA 0/00/00 ** QUOTATION ** TRKQT3 Ship To: Cust: Phone:Bill To:Phone: ATTN: Reference No. PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY GOLDEN VALLEY, CITY OF finance@goldenvalleymn.gov 7800 GOLDEN VALLEY RD GOLDEN VALLEY MARSHALL BEUGEN TIM ERICKSON QT 69933 NET 30 DAYS 11/18/21 12/01/21 3001 raulic system. (Hydraulic system not included) 1 9902983 - Wing Falls RHTDL10A/FM-HYDPB Primed LESS CUTTING EDGES $11,017.00 $11,017.00 1 9900433 - Installation Falls TDL/FM Wing - w/Bulkhead Couplers $3,737.00 $3,737.00 1 9900479 - Wing Falls Gloss Black - Paint Moldboard $360.00 $360.00 1 9900393 - Wing Falls Hyd front post side-shift (no valving)$642.00 $642.00 1 9900555 - Plow Hitch Falls 44XB2/STD/STD/SA/SPR-RET/HITCH $3,485.00 $3,485.00 1 9900589 - Installation Falls Plow Hitch - 40 Series 3Line/STDBLKHD $2,015.00 $2,015.00 1 9900626 - Plow Push Unit Falls 24/44 Series Offset $1,324.00 $1,324.00 1 9900637 - Plow Falls High Visibility Marker Set $118.00 $118.00 1 9900639 - Plow Falls Rubber Belt Deflector Kit - Installed $391.00 $391.00 1 9900641 - Plow Falls Parking Stand - Screw Adj Style $355.00 $355.00 1 9903074 - Plow Falls Poly PTE-1248/TRP-EDG/NOSHU/POLY-BLK Plow LESS $10,572.00 $10,572.00 CUTTING EDGES 1 9900858 - Valve System, Force Add-A-Fold MCV-ISO Valve 10 + 1 $15,125.00 $15,125.00 Functions (Hooklift App), INSTALLED (11 Total Functions) HOOK HOIST, HOOK JIB, PLOW LIFT, PLOW ANGLE, WING TOE, WING HEEL, WING PUSHBAR, AUGER, SPINNER, PRE-WET, ANTI-ICE 1 9902497 - Control System Force ULTRA-4-6100 Commander control, $11,903.00 $11,903.00 Installed *--- Continued ---* MN 55427 USA MN 55427 USA 0/00/00 ** QUOTATION ** TRKQT3 Ship To: Cust: Phone:Bill To:Phone: ATTN: Reference No. PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY GOLDEN VALLEY, CITY OF finance@goldenvalleymn.gov 7800 GOLDEN VALLEY RD GOLDEN VALLEY MARSHALL BEUGEN TIM ERICKSON QT 69933 NET 30 DAYS 11/18/21 12/01/21 3001 $149,983.00 $149,983.00 1 9904952 - Control Add-on Force 5100/6100 Pre-wet Feedback Harness Kit $203.00 $203.00 1 9904950 - Control Add-on Force 5100/6100 Granular Feedback Sensor $845.00 $845.00 kit, 128 pulse 1 9903288 - Control Add-on Force 6100 for Direct Application Valve $1,904.00 $1,904.00 Module, & Feedback, for 3 Lane only. 1 9900927 - Air Bag Canadian Load-Share kit, manual adj., Mack, & Volvo $1,377.00 $1,377.00 1 WARRANTY - TOWMASTER EXCLUSIVE WARRANTY: 5 yr Steel/Stainless Steel Body Structure; 5 yr Whelen LED Light Systems; 3 yr Palfinger Hoists; 4 yr SwapLoader Hoists; 1 year Swenson Spreaders, 2 yr Hyd, FALLS Snow Equip, Tele Hoists, and all other items. $149,983.00 MN 55427 USA MN 55427 USA 0/00/00 ** QUOTATION ** TRKQT3 Ship To: Cust: Phone:Bill To:Phone: ATTN: Reference No. PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY GOLDEN VALLEY, CITY OF finance@goldenvalleymn.gov 7800 GOLDEN VALLEY RD GOLDEN VALLEY MARSHALL BEUGEN TIM ERICKSON QT 70137 NET 30 DAYS 12/01/21 12/08/21 3001 Order Comments: **STATE OF MN CONTRACT #193042 AMENDED** Build Instructions F.O.B. LITCHFIELD, MN Qty Part No.Description Price Ea. Net Amt. 1 9905510 - Sander Swenson SS EVDA 14-56 COMBO UNIT, 9.7 cubic yd, 850 $45,185.00 $45,185.00 gal liquid, pre-wet & Anti Ice Including: front mounted dual auger drive, hydraulic interlock system, 12ga stainless steel sides & ends construction, 82" wide hopper, 56" side height, 45 deg slope, bolt-in 6" wide flange H-Beam, 7 ga bolt-in replaceable coveyor floor, dual 7" diameter hard surfaced augers with 3 pitch lengths for even unloading, Drop-N-Loc Stainless steel top screens, Light bar S-T-T, Ladder, (SEE OPTION FOR lower spinner assembly) inverted vee, independnt 1 lane boom system, LSSH Pre-wet system, 850 gallon liquid capcity, 27 gallon cast iron pump w/flow meter, SS Spinner Chute, Standard Spinner w/SS Deflector plates, Swing-up spinner system, Electric winch insluded. (NO LEG STAND OR SUBFRAME INCLUDED). 1 9905762 - HOOK 200 11' & 400 14' SERIES A-Frame & Sub Frame With $6,255.00 $6,255.00 Rollers **NOTE: CUSTOMIZED FOR SWENSON EVDA SS COMBO UNIT, TO INCLUDE MTG POINTS FOR VALVES, & AI PUMP, CROSS-OVER PATHS FOR PRE-WET AND ANTI-ICE PLUMBING ON EVDA UNIT. 1 SPECIAL REQUEST - Special Request Charges for: $2,467.00 $2,467.00 Adapt SWENSON Single Lane spray bar with 2" receiver style mounting, Quick disconnect, and repositioned selector vavles on TOWMASTER mfg hooklift skid, to allow removal of spray bar separate of V-BOX. Adapt Swenson Ladder to unit after skid attachment 1 9901734 - Sander Install V-Box on A-FRAME for Hooklift application $2,238.00 $2,238.00 NOTE: Requires A-Frame Add-On *--- Continued ---* MN 55427 USA MN 55427 USA 0/00/00 ** QUOTATION ** TRKQT3 Ship To: Cust: Phone:Bill To:Phone: ATTN: Reference No. PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY GOLDEN VALLEY, CITY OF finance@goldenvalleymn.gov 7800 GOLDEN VALLEY RD GOLDEN VALLEY MARSHALL BEUGEN TIM ERICKSON QT 70137 NET 30 DAYS 12/01/21 12/08/21 3001 1 9900775 - Hitch TMTE Medium Duty STD Hitch Plate assembly $449.00 $449.00 1 9901172 - Hitch Installation of med duty hitch (Weld On)$203.00 $203.00 **NOTE: HITCH PLATE FACE TO BE LOCATED: FLUSH, IN REFERENCE TO REAR TIRE FAC 1 9900779 - Hitch 2" Square Receiver tube w/pin & clip. NOTE: DERATES $218.00 $218.00 hitch, as per hitch bar utilized. Installed 1 9900222 - Light Warning Rear warning lights & 5M housings (removable $4,824.00 $4,824.00 w/body) for hooklift system Installed **NOTE: BLUE & AMBER SPLIT COLOR SYSTEM, IN SAME PATTERN AS TRUCK FRAME. SYSTEM FOR V-BOX SPREADER 1 9904692 - Camera System option, NORTECH 9100-2HC 120 degree night $182.00 $182.00 vision CCD weather-proof HEATED camera, only GEN 5 6100 1 9904693 - Camera System option, NORTECH 9100-4 Harness, 65'$47.00 $47.00 Waterproof GEN 5 6100 1 1941405 - Camera Guard, SS, Bolt-On $39.00 $39.00 1 9904694 - INSTALLATION of Extra Camera, & Harness GEN 5 6100 $304.00 $304.00 Mounted at Top Center Rear area of V-Box, for Reverse viewing, wired to que up on reverse signal. **NOTE: SPECIAL CONNECTION (3 PIN HD-10) AT REAR OF FRAME AREA WITH OTHER LIGHTING AND ELECTRICAL CONNECTIONS FOR HOOKLIFT APPLICATION 1 WARRANTY - TOWMASTER EXCLUSIVE WARRANTY: 5 yr Steel/Stainless Steel Body Structure; 5 yr Whelen LED Light Systems; 3 yr Palfinger Hoists; 4 yr SwapLoader Hoists; 1 year Swenson Spreaders, 2 yr Hyd, *--- Continued ---* MN 55427 USA MN 55427 USA 0/00/00 ** QUOTATION ** TRKQT3 Ship To: Cust: Phone:Bill To:Phone: ATTN: Reference No. Accepted by Date: DECEMBER 21, 2021 PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY GOLDEN VALLEY, CITY OF finance@goldenvalleymn.gov 7800 GOLDEN VALLEY RD GOLDEN VALLEY MARSHALL BEUGEN TIM ERICKSON QT 70137 NET 30 DAYS 12/01/21 12/08/21 3001 $62,411.00 $62,411.00 FALLS Snow Equip, Tele Hoists, and all other items. $62,411.00 MN 55427 USA MN 55427 USA 0/00/00 ** QUOTATION ** SHEPARD HARRIS, MAYOR Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. D. 4. Approve Purchase of an Equipment Trailer Prepared By Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Superintendent Summary Unit 774, a 2006 equipment trailer has reached its useful life cycle and is scheduled to be replaced. The existing trailer meets replacement criteria set forth in the City’s Vehicle Replacement Policy and Vehicle Condition Index (VCI). The VCI is a tool used to assess all vehicles and equipment scheduled for replacement and any vehicle/equipment scoring 28 points or higher meets the category of “needs immediate consideration”. The trailer scored 33 points. Staff utilizes this trailer primarily for transporting the asphalt paver, but also other heavy equipment. Staff recommends purchasing the trailer from the state contract through the State of Minnesota’s cooperative purchasing venture (CPV). The Minnesota Materials Management Division has awarded contract number 189154. Financial Or Budget Considerations The total cost of the trailer is $36,352.24. The 2021 Vehicles and Equipment Capital Improvement Program includes $20,000 for the purchase of the Equipment Trailer (V&E-153). Additional funding to stay within budget will come from the sale of assets being over estimated revenues or fund balance. Recommended Action Motion to approve purchase of 2022 Towmaster T-30 from RDO Equipment Co. in the amount of $36,352.24. Supporting Documents • RDO Equipment Co. Quote (1 page) Investment Proposal (Quote) RDO Equipment Co. 12500 DuPont Avenue South Burnsville MN, 55337 Phone: (952) 890-8880 - Fax: (952) 890-7046 Proposal for: CITY OF GOLDEN VALLEY 7800 GOLDEN VALLEY RD GOLDEN VALLEY, MN, 554274588 HENNEPIN Investment Proposal Date: Pricing Valid Until: Deal Number: Customer Account#: Governmental Sales: Phone: Fax: Email: 11/29/2021 12/13/2021 1507037 8012001 Jesse Miller (952) 890-8880 (952) 890-7046 JMiller@rdoequipment.com Comments MN State Contract Number: 189154 Contract Release Info: http://www.dot.state.mn.us/maintenance/equipment/contracts/T-603(5)%20trailers/2021/T-603(5)%20CR%2004.28.2021.pdf Equipment Information Quantity Serial Number Stock Number Hours (approx.) Status / Year / Make / Model Additional Items Cash Price 1 TBD TBD 0 New 2022 TOWMASTER TRAILERS T-30 $34,930.00 Base Model Base Model - T-30 DOT Option - DOT INSPECTION Deck Length 26 Deck Length - IN FEET Decking Type 26 Decking Type - 2'' Nominal Oak Width Width - 102" Wide Height Deck Height - 36'' Beavertail Beavertail - 6' Wood Top for Bi-Fold Ramp Option Axles 2 Axles - 15K Oil Bath Brakes 2 Brakes - ELECTRIC Tires 8 Tires - 215/75R 17.5 (H) Wheels 8 Wheels - 8 Bolt, Outboard, Hub Piloted, Steel Jack 2 Jack - Dual 25k 2 speed jacks Lights Lights - L.E.D. Plug 1 Plug - 7 Pole Round Hitch/Neck Hitch/Neck - 3'' Pintle Ramps Ramps - Bi-Fold 11' Full Width Elec/Hyd (6' Wood Top Bvt Required) Ramp Color Ramp Color - Match Trailer Trailer Color Trailer Color - Equipment Black Tie Downs 14 Tie Downs - D-Rings - 6 PER SIDE OF MAIN DECK AND 1 PER SIDE OF BEAVERTAIL HALF WAY JIG CHARGE Out of jig charge (over 4' added deck) Chock Blocks 2 Chock Blocks & Holders, mounted under deck ahead of wheels 1 PER SIDE Custom Option ANTI-SLIP TAPE - MOUNTED ON TOP OF TONGUE FLANGES , TOP OF SIDE RAILS AND TOP OF HEADBOARD Freight Out Towmaster to Golden Valley $450.00 Customer Discount MN State Bid (15% Off MSRP)($5,239.50) Other Estimated MN Licensing - For a Full Year $665.00 Equipment Subtotal:$30,805.50 D1507037 Page 1 of 2 Purchase Order Totals Balance:$30,805.50 Total Taxable Amount:$0.00 MN STATE TAX:$0.00 MN COUNTY TAX:$0.00 MN SPECIAL TAX:$0.00 Sales Tax Total:$0.00 FED EXCISE:$3,616.86 MN Trailer Tax:$1,929.88 Sub Total:$36,352.24 Cash with Order:$0.00 Balance Due: $36,352.24 D1507037 Page 2 of 2 CITY OF GOLDEN VALLEY DECEMBER 21, 2021 ______________________________ ______________________________ SHEPARD M. HARRIS, MAYOR TIMOTHY J. CRUIKSHANK, CITY MANAGER Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. D. 5. Authorize Waste Delivery Agreement with Hennepin County Prepared By Tim Kieffer, Public Works Director Summary In 2011, the City began contracting with Hennepin County Department of Environmental Services to dispose of refuse collected by staff from park properties and buildings. The current contract with Hennepin County for waste disposal expires December 31, 2021. Staff recommends renewing the two- year contract in order to continue waste hauling to Hennepin County facilities utilizing the Public Works trash compactor truck. Financial Or Budget Considerations The cost increases $3 each year to $66 per ton in 2022 and $69 per ton in 2023. The Building operating budget (1180.6375) has $4,100 dedicated for waste disposal. Recommended Action Motion to authorize the Mayor and City Manager to execute the Waste Delivery Agreement with Hennepin County in the form approved by the City Attorney to dispose of refuse. Supporting Documents • Waste Delivery Agreement with Hennepin County (12 pages) Contract No: A2111007 WASTE DELIVERY AGREEMENT This Agreement is between the County OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Environment & Energy Department, 701 Fourth Avenue South, Suite 700, Minneapolis, Minnesota 55415, (“County”), and City of Golden Valley, 7800 Golden Valley Road, Golden Valley, MN 55427 (“Hauler”). The parties agree as follows: 1. TERM AND COST OF THE AGREEMENT This Agreement shall commence on January 1, 2022, and expire on December 31, 2023, unless cancelled or terminated earlier in accordance with the provisions herein. 2. DEFINITIONS B. County Board is the Hennepin County Board of Commissioners. D. Hazardous Waste has the meaning given to it in Minnesota Statutes, section 115B.03, subdivision 9, as it may be amended from time to time. E. Hennepin County Solid Waste System Operating Manual is the manual prepared by the Department of Environmental Services which describes the procedures and requirements for all haulers operating in Hennepin County including the use of the County Facilities. F. Public Entity means the state; an office, agency, or institution of the state; the Metropolitan Council; a metropolitan agency; the Metropolitan Mosquito Control District; the legislature; the courts; a county; a statutory or home rule charter city; a town; a school district; another special taxing district; or any other general or special purpose unit of government in the state. 2 Revised (9/2021) cesspool and other human waste, human and animal remains, motor vehicles, major vehicle parts such as transmissions, rear ends, springs and fenders, automobile and small vehicle tires to the extent the air emission criteria applicable to HERC are violated by their combustion, agricultural and farm machinery and equipment, transformers, trees, liquid wastes, non-burnable construction material, sludges from air or water pollution control facilities or water supply treatment facilities, demolition or other construction debris, Hazardous Waste, any material which if processed at HERC would cause the bottom ash produced at HERC to be classified as Hazardous Waste, and other wastes as may be listed in the "Hennepin County Solid Waste System Operating Manual". 3. REPRESENTATIONS OF HAULER B. This Agreement has been duly executed and delivered by the Hauler and constitutes a binding legal obligation of the Hauler that is fully enforceable in accordance with its terms and conditions. C. The execution, delivery and performance by the Hauler of this Agreement does not and will not conflict with any other agreement or contract to which the Hauler is a party. 4. REGULATORY COMPLIANCE The Hauler shall at all times operate its business of collecting, transporting, delivering and disposing of waste in compliance with all applicable federal, state, and local laws, rules, regulations, ordinances and licenses, including but not limited to Hennepin County Ordinances 15 and 17. 5. SERVICES TO BE PROVIDED A. The Hauler agrees to deliver to County Facilities all tons of Acceptable Waste generated in Hennepin County that the Hauler collects, transports, manages, or disposes or arranges for collection, transportation, management or disposal. B. The Hauler agrees that it will not mix or deliver Acceptable Waste generated outside the County with Acceptable Waste generated in the County, unless mutually agreed to in writing by the parties. C. The Hauler agrees not to deliver any Unacceptable Waste to a County Facility. 3 Revised (9/2021) E. The County may reduce the availability of a County Facility to the Hauler due to maintenance needs or other operating conditions.. F. The Hauler agrees to abide by the conditions of the Hennepin County Solid Waste System Operating Manual. G. The Hauler agrees to pay all fees established under this Agreement. 6. RESPONSIBILITY FOR UNACCEPTABLE WASTE A. If requested by a County Facility operator, the Hauler agrees to reload and dispose of waste deposited on the tipping floor if the waste contains Unacceptable Waste, including Acceptable Waste contaminated by Unacceptable Waste. B. If the County Facility operator has reason to believe that Unacceptable Waste was delivered by the Hauler, and the Hauler has left the tipping floor, the Hauler agrees to return and remove such Unacceptable Waste and dispose of it in accordance with all applicable federal, state and local laws. C. The County Facility operator has the right to reject entire or partial loads of Unacceptable Waste. The Hauler shall be provided with documentation specifying the rejection and reasons therefore. All costs of reloading, removal and disposal of Unacceptable Waste shall be borne by the Hauler. 7. PAYMENT PROCEDURES A. Payments shall be made in accordance with procedures provided in the Hennepin County Solid Waste System Operating Manual. B. Subject to Paragraph C. of this Section 7, the Hauler shall pay sixty-six dollars ($66.00) per ton for Acceptable Waste delivered to a County Facility beginning January 1, 2022 through December 31, 2022. The Hauler shall pay sixty-nine dollars ($69.00) per ton for Acceptable Waste delivered to a County Facility beginning January 1, 2023 through December 31, 2023. C. The Hauler will receive the lowest rate given to any hauler who contracts with the County for delivery of Acceptable Waste. The reference to the "lowest rate given to any hauler" shall not include the rate given to haulers, contracted or non-contracted, who deliver loads of source-separated compostable materials, source-separated recyclable materials or other materials collected and disposed of as separate waste streams. 4 Revised (9/2021) D. A minimum charge of one (1) ton (2,000 pounds) is in effect for all transactions. If a Hauler delivers less than one ton, the County will charge the Hauler the minimum charge for one ton of Acceptable Waste. 8. INDEPENDENT CONTRACTOR Hauler shall select the means, method, and manner of performing the services. Nothing is intended nor should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as constituting Hauler as the agent, representative, or employee of County for any purpose. Hauler is and shall remain an independent Hauler for all services performed under this Agreement. Hauler shall secure at its own expense all personnel required in performing services under this Agreement. Hauler’s personnel and/or subHaulers engaged to perform any work or services required by this Agreement will have no contractual relationship with County and will not be considered employees of County. County shall not be responsible for any claims related to or on behalf of any of Hauler’s personnel, including without limitation, claims that arise out of employment or alleged employment under the Minnesota Unemployment Insurance Law (Minnesota Statutes, chapter 268) or the Minnesota Workers’ Compensation Act (Minnesota Statutes, chapter 176) or claims of discrimination arising out of applicable law, against Hauler, its officers, agents, Haulers, or employees. Such personnel or other persons shall neither accrue nor be entitled to any compensation, rights, or benefits of any kind from County, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers’ compensation, unemployment compensation, disability, severance pay, and retirement benefits. 9. NON-DISCRIMINATION A. In accordance with County’s policies against discrimination, Hauler shall not exclude any person from full employment rights nor prohibit participation in or the benefits of any program, service or activity on the grounds of any protected status or class, including but not limited to race, color, creed, religion, national origin, sex, gender expression, gender identity, age, disability, marital status, sexual orientation, or public assistance status. No person who is protected by applicable law against discrimination shall be subjected to discrimination. B. County encourages Hauler to develop and implement a policy promoting diversity, equity, and inclusion in Hauler’s workplace. 10. INDEMNIFICATION Hauler shall defend, indemnify, and hold harmless County, its present and former officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including attorney’s fees, resulting directly or indirectly from any act or omission of Hauler, a subHauler, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and 5 Revised (9/2021) against all loss by reason of the failure of Hauler to perform any obligation under this Agreement. For clarification and not limitation, this obligation to defend, indemnify and hold harmless includes but is not limited to any liability, claims or actions resulting directly or indirectly from alleged infringement of any copyright or any property right of another, the employment or alleged employment of Hauler personnel, the unlawful disclosure and/or use of protected data, or other noncompliance with the requirements of these provisions. 11. INSURANCE The Hauler agrees during the term of this Agreement to have and keep in force at all times the insurance coverage as required by Hennepin County Ordinance 17. 12. DUTY TO NOTIFY Hauler shall promptly notify County of any demand, claim, action, cause of action or litigation brought against Hauler, its employees, officers, agents or subcontractors, which arises out of the services described in this Agreement. Hauler shall also notify County whenever Hauler has a reasonable basis for believing that Hauler and/or its employees, officers, agents or subcontractors, and/or County, might become the subject of a demand, claim, action, cause of action, administrative action, criminal arrest, criminal charge or litigation arising out of and/or related to the services described in this Agreement. 13. DATA PRIVACY AND SECURITY A. Hauler, its officers, agents, owners, partners, employees, volunteers and subcontractors shall, to the extent applicable, abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable law, rules, regulations and orders relating to data or the privacy, confidentiality or security of data, which may include but is not limited to the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (HIPAA). For clarification and not limitation, County hereby notifies Hauler that the requirements of Minnesota Statutes, section 13.05, subdivision 11, apply to this Agreement. Hauler shall promptly notify County if Hauler becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA or other data, data security, privacy or confidentiality laws, and shall also comply with the other requirements of this Section. Classification of data, including trade secret data, will be determined pursuant to applicable law and, accordingly, merely labeling data as “trade secret” by Hauler does not necessarily make the data protected as such under any applicable law. B. In addition to the foregoing MGDPA and other applicable law obligations, Hauler shall comply with the following duties and obligations regarding County Data and County Systems (as each term is defined herein). As used herein, “County Data” means any data or information, and any copies thereof, created by Hauler or acquired 6 Revised (9/2021) by Hauler from or through County pursuant to this Agreement, including but not limited to handwriting, typewriting, printing, photocopying, photographing, facsimile transmitting, and every other means of recording any form of communication or representation, including electronic media, email, letters, works, pictures, drawings, sounds, videos, or symbols, or combinations thereof. If Hauler has access to or possession/control of County Data, Hauler shall safeguard and protect the County Data in accordance with generally accepted industry standards, all laws, and all then applicable County policies, procedures, rules and directions. To the extent of any inconsistency between accepted industry standards and such County policies, procedures, rules and directions, Hauler shall notify County of the inconsistency and follow County direction. Hauler shall immediately notify County of any known or suspected security breach or unauthorized access to County Data, then comply with all responsive directions provided by County. The foregoing shall not be construed as eliminating, limiting or otherwise modifying Hauler’s indemnification obligations herein. 14. RECORDS – AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes, section 16C.05, subdivision 5, County, the State Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of Hauler and involve transactions relating to this Agreement. Hauler shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration, cancellation or termination. 15. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. Hauler binds itself, its partners, successors, assigns and legal representatives to County for all covenants, agreements and obligations herein. B. Hauler shall not assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of County. A consent to assign shall be subject to such conditions and provisions as County may deem necessary, accomplished by execution of a form prepared by County and signed by Hauler, the assignee and County. Permission to assign, however, shall under no circumstances relieve Hauler of its liabilities and obligations under the Agreement. C. Hauler shall not subcontract this Agreement and/or the services to be performed, whether in whole or in part, without the prior written consent of County. Permission to subcontract, however, shall under no circumstances relieve Hauler of its liabilities and obligations under the Agreement. Further, Hauler shall be 7 Revised (9/2021) fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between Hauler and each subcontractor shall require that the subcontractor’s services be performed in accordance with this Agreement. Hauler shall make contracts between Hauler and subcontractors available upon request. For clarification and not limitation of the provisions herein, none of the following constitutes assent by County to a contract between Hauler and a subcontractor, or a waiver or release by County of Hauler’s full compliance with the requirements of this Section: (1) County’s request or lack of request for contracts between Hauler and subcontractors; (2) County’s review, extent of review or lack of review of any such contracts; or (3) County’s statements or actions or omissions regarding such contracts. D. As required by Minnesota Statutes section 471.425, subd. 4a, Hauler shall pay any subcontractor within ten (10) days of Hauler’s receipt of payment from County for undisputed services provided by the subcontractor, and Hauler shall comply with all other provisions of that statute. E. Hauler shall notify County in writing if another person/entity acquires, directly or indirectly, more than fifty percent (50%) of the voting power of the shares entitled to vote for directors of Hauler. Notice shall be given within ten (10) days of such acquisition and shall specify the name and business address of the acquiring person/entity. County reserves the right to require the acquiring person/entity to promptly become a signatory to this Agreement by amendment or other document so as to help assure the full performance of this Agreement. 16. MERGER, MODIFICATION AND SEVERABILITY A. The entire Agreement between the parties is contained herein and supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. Hauler and/or County are each bound by its own electronic signature(s) on this Agreement, and each agrees and accepts the electronic signature of the other party. B. Any alterations, variations or modifications of the provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. Except as expressly provided, the substantive legal terms contained in this Agreement, including but not limited to Indemnification, Insurance, Merger, Modification and Severability, Default and Cancellation/Termination or Minnesota Law Governs may not be altered, varied, 8 Revised (9/2021) modified or waived by any change order, implementation plan, scope of work, development specification or other development process or document. C. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 17. DEFAULT AND CANCELLATION/TERMINATION A. If Hauler fails to perform any of the provisions of this Agreement, fails to administer the work so as to endanger the performance of the Agreement or otherwise breaches or fails to comply with any of the terms of this Agreement, it shall be in default. Unless Hauler’s default is excused in writing by County, County may upon written notice immediately cancel or terminate this Agreement in its entirety. B. Notwithstanding any provision of this Agreement to the contrary, Hauler shall remain liable to County for damages sustained by County by virtue of any breach of this Agreement by Hauler. Upon notice to Hauler of the claimed breach and the amount of the claimed damage, County may withhold any payments to Hauler for the purpose of set-off until such time as the exact amount of damages due County from Hauler is determined. Following notice from County of the claimed breach and damage, Hauler and County shall attempt to resolve the dispute in good faith. C. The above remedies shall be in addition to any other right or remedy available to County under this Agreement, law, statute, rule, and/or equity. D. County’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. E. This Agreement may be canceled/terminated with or without cause by County upon thirty (30) days’ written notice. F. Hauler has an affirmative obligation, upon written notice by County that this Agreement may be suspended or cancelled/terminated, to follow reasonable directions by County, or absent directions by County, to exercise a fiduciary obligation to County, before incurring or making further costs, expenses, obligations or encumbrances arising out of or related to this Agreement. 18. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: INDEPENDENT CONTRACTOR; 9 Revised (9/2021) INDEMNIFICATION; INSURANCE; DUTY TO NOTIFY; DATA PRIVACY AND SECURITY; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION; MEDIA OUTREACH; and MINNESOTA LAW GOVERNS. 19. CONTRACT ADMINISTRATION In order to coordinate the services of Hauler with the activities of the Hennepin County Environment and Energy Department so as to accomplish the purposes of this Agreement, Enrique Vinas, Senior Financial Management Analyst, or successor (“Contract Administrator”), shall manage this Agreement on behalf of County and serve as liaison between County and Hauler. 20. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. Hauler shall comply with all applicable law, conditions of any funding sources, regulations, rules and ordinances currently in force or later enacted. B. Hauler certifies that it is not prohibited from doing business with either the federal government or the state of Minnesota as a result of debarment or suspension proceedings. 21. RECYCLING County encourages Hauler to have a single-sort recycling program or provide recycling service for at least three types of materials, which may include food waste. County also encourages Hauler to educate employees about the recycling program. 22. NOTICES Unless the parties otherwise agree in writing, any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to County shall be sent to the County Administrator with a copy to the originating County department at the address given in the opening paragraph of this Agreement. Notice to Hauler shall be sent to the address stated in the opening paragraph of this Agreement or to the address stated in Hauler’s Form W-9 provided to County. 23. CONFLICT OF INTEREST Hauler affirms that to the best of Hauler’s knowledge, Hauler’s involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. Should any conflict or potential conflict of interest become known to Hauler, Hauler shall immediately notify County of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and advise County whether Hauler will or will not resign from the 10 Revised (9/2021) other engagement or representation. Unless waived by County, a conflict or potential conflict may, in County’s discretion, be cause for cancellation or termination of this Agreement. 24. MEDIA OUTREACH Hauler shall notify County, prior to publication, release or occurrence of any Outreach (as defined below). The parties shall coordinate to produce collaborative and mutually acceptable Outreach. For clarification and not limitation, all Outreach shall be approved by County, by and through the Public Relations Officer or his/her designee(s), prior to publication or release. As used herein, the term “Outreach” shall mean all media, social media, news releases, external facing communications, advertising, marketing, promotions, client lists, civic/community events or opportunities and/or other forms of outreach created by, or on behalf of, Hauler (i) that reference or otherwise use the term “Hennepin County” or any derivative thereof; or (ii) that directly or indirectly relate to, reference or concern the County of Hennepin, this Agreement, the services performed hereunder, or County personnel, including but not limited to County employees and elected officials. 25. MINNESOTA LAWS GOVERN The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the state of Minnesota. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 11 Revised (9/2021) COUNTY BOARD AUTHORIZATION Reviewed for COUNTY by the County Attorney's Office: Reviewed for COUNTY by: Board Resolution No: COUNTY OF HENNEPIN STATE OF MINNESOTA By: ATTEST: By: 12 Revised (9/2021) HAULER HAULER warrants that the person who executed this Agreement is authorized to do so on behalf of HAULER as required by applicable articles, bylaws, resolutions or ordinances.* By: CITY OF GOLDEN VALLEY DECEMBER 21, 2021 ______________________________ SHEPARD M. HARRIS, MAYOR _______________________________ TIMOHTY J. CRUIKSHANK, CITY MANAGER *HAULER represents and warrants that it has submitted to COUNTY all applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. Documentation is not required for a sole proprietorship. Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. D. 6. Joint Powers Agreement between Hennepin County and the City of Golden Valley regarding 911 Embedded Social Worker Program Prepared By Alice White, Police Commander Summary Hennepin County Behavioral Health and the Golden Valley Police Department would like to partner to coordinate their expertise and delivery of services to provide the services of an embedded social worker. This would allow citizens in mental health crisis access to services which would enable police officers to efficiently support, protect, and preserve the physical, mental and behavioral health of individuals in Golden Valley. To that end, the parties wish to establish a program that provides a social worker employed by Hennepin County that will work directly with GVPD to achieve the following objectives: 1. Golden Valley Police Department and Hennepin County Behavioral Health have partnered to have a permanent Social Worker on site. 2. Provide social service follow up to individuals involved in mental / behavioral health related 911 calls (“Individual(s)”). 3. Decrease number of mental /behavioral health calls that have a law enforcement response. 4. Provide law enforcement officers and Individual(s) with information about community resources that may benefit Individual(s) and minimize the need for future 911 calls. 5. Decrease use of force by officers by providing officers en route to a mental health crisis calls pertinent information from social service databases about the mental / behavioral health history of the Individual. 6. Hennepin County Behavioral Health will continue to have an accessible embedded social worker at dispatch. 7. Increase mental / behavioral health program referrals to citizens for long term care. City Council Regular Meeting Executive Summary City of Golden Valley December 21, 2021 2 City staff’s intent is for this program is to eliminate disparities in police interactions and outcomes among those who experience mental health crisis and BIPOC groups. To achieve this goal, the parties will work together to identify additional desired outcomes and assess successes and failures as the program evolves. Golden Valley Police Department and Hennepin County Behavioral Health have worked together for the past 18 months and will continue to work together to further develop the program and to maintain best practices, regarding police response to mental health crisis calls for service. Financial or Budget Considerations The salary for the embedded social worker will be a 60/40 split between the City of Golden Valley and Hennepin County behavioral health, which will be $60,000 per year for (2) years. This salary has been included in the 2022-2023 budget. Recommended Action Motion to approve Joint Powers Agreement between Hennepin County and the City of Golden Valley regarding 911 embedded social worker program in the form approved by the City Attorney. Supporting Documents Joint Powers Agreement between Hennepin County and the City of Golden Valley regarding 911 embedded social worker program (10 pages) HC# A2110922 1 JOINT POWERS AGREEMENT BETWEEN HENNEPIN COUNTY AND CITY OF GOLDEN VALLEY This Joint Powers Agreement (“Agreement”) is made and entered into by and between County of Hennepin, state of Minnesota (“COUNTY”) on behalf of its Human Services and Public Health Department (“HSPHD”) and the City of Golden Valley (“CITY”) on behalf of its Police Department, 7800 Golden Valley Road, Golden Valley, Minnesota 55427 (“POLICE DEPARTMENT”) pursuant to the authority conferred upon them by Minn. Stat. § 471.59. COUNTY and CITY are also referred to herein as “Party or Parties.” WHEREAS, COUNTY is a political subdivision of the State of Minnesota and its Human Services and Public Health Department is empowered to provide general and emergency public services that support and protect the physical, mental and behavioral health of individuals in Hennepin County; and WHEREAS, CITY is a governmental unit of the State of Minnesota and empowered to provide general and emergency public services in a manner that supports and protects the physical, mental and behavioral health of individuals in Hennepin County; and WHEREAS, the Parties desire to jointly and cooperatively coordinate their expertise and delivery of services to further the interests of providing follow up care by a Senior Social Worker (SSW) embedded with POLICE DEPARTMENT to prevent reoccurrences of emergency crises in a manner that most effectively and efficiently supports and protects the physical, mental and behavioral health of individuals in Hennepin County, subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and benefits realized by each Party, the Parties agree as follows: 1. PURPOSE. The purpose of this Agreement is to enable COUNTY to provide social work services to POLICE DEPARTMENT to further the interests of providing follow-up social services in a manner that most effectively and efficiently supports and protects the physical, mental and behavioral health of individuals in Hennepin County as detailed herein, and for POLICE DEPARTMENT to secure such services from COUNTY and to establish the terms on which such services shall be provided. 2. PROJECT/PROGRAM A. The Parties shall cooperate and collaborate to perform services associated with the Embedded SSW Program (the “Program”), as further described and outlined in Exhibit A: Description of Services. B. The Parties shall perform at all times in accordance with the provisions herein, including but not limited to the data provisions. HC# A2110922 2 3. TERM OF THE AGREEMENT The term of this Agreement shall be from January 1, 2022, through December 31, 2023, unless terminated earlier in accordance with the cancellation/termination provisions of this Agreement. 4. CONSIDERATION A. CITY will provide ($60,000) sixty thousand dollars funding annually. B. The SSW will be hired, employed, and equipped by HSPHD and participate in supervision and training by HSPHD in accordance with local, state, federal, and professional licensure requirements. C. HSPHD shall, within thirty (30) calendar days following the last day of each quarter, submit an invoice to CITY for one quarter of the cost of CITY’s portion of the SSW position. D. CITY will make payment within thirty-five (35) days from receipt of the invoice. If the invoice is incorrect, defective, or otherwise improper, CITY will notify HSPHD within ten (10) days of receiving the incorrect invoice. Upon receiving the corrected invoice from HSPHD, CITY will make payment within thirty-five (35) days. E. The Parties expressly agree that neither this Agreement nor either Party’s performance hereunder obligates or commits either Party to enter a subsequent contract or engagement with the other. 4. LIABILITY AND NOTICE A. Each Party shall be liable for its own acts and the results thereof to the extent provided by law and, further, each Party shall defend, indemnify, and hold harmless the other (including their present and former officials, officers, agents, employees, volunteers, and subcontractors), from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any act or omission of the Party, anyone directly or indirectly employed by it, and/or anyone for whose acts and/or omissions it may be liable, in the performance or failure to perform its obligations under this Agreement. The provisions of Minnesota Statutes, Chapter 466 shall apply to any tort claims brought against COUNTY and/or CITY as a result of this Agreement. B. To the fullest extent permitted by law, action by the Parties to this Agreement is intended to be and shall be construed as a “cooperative activity” and it is the intent of the Parties that they shall be a deemed a “single governmental unit” for the purposes of liability, as set forth in Minnesota Statutes, section 471.59, subdivision 1a(a), provided further that for purposes of that statute, each Party to this Agreement expressly declines responsibility for the acts or omissions of the other Party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other Party. The total HC# A2110922 3 liability for the Parties shall not be added together to exceed the limits on governmental liability for a single governmental unit. C. Duty to Notify: Each Party shall promptly notify the other Party of any actual or suspected claim, action, cause of action, administrative action, criminal arrest, criminal charge, or litigation brought against the party, its present and former officials, officers, agents, employees, volunteers, and subcontractors which arises out of this Agreement. 5. INSURANCE Each Party warrants that it has a purchased insurance or operates under a self-insurance program in accordance with applicable law and sufficient to manage potential liability arising hereunder, including but not limited to workers compensation insurance. 6. INDEPENDENT PARTIES A. It is understood that the relationship between COUNTY and CITY as to the subject matter of this Agreement constitutes only the understandings set forth in this Agreement. B. It is further agreed that, notwithstanding any other formal, written agreements or contracts which may exist between COUNTY and CITY, nothing is intended or should be construed in any manner as creating or establishing the relationship of partners between the Parties hereto or as constituting any Party as the agent, representative, or employee of any other for any purpose or in any manner whatsoever. Each Party is to be and shall remain an independent contractor with respect to all services performed under this Agreement. Each Party will secure at its own expense all personnel required in performing services under this Agreement. Any personnel of a Party or other persons engaged in the performance of any work or services required by that Party shall have no contractual relationship with any other Party and will not be considered employees of another Party. No Party shall be responsible for any claims related to or on behalf of any of the other Parties’ personnel, including without limitation, claims that arise out of employment or alleged employment under the Minnesota Unemployment Insurance Law (Minnesota Statutes Chapter 268) or the Minnesota Workers' Compensation Act (Minnesota Statutes Chapter 176), or claims of discrimination arising out of state, local, or federal law, against a Party, its officers, agents, contractors, or employees. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind from the other party, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers' compensation, unemployment compensation, disability, severance pay, and retirement benefits. 7. NONDISCRIMINATION In accordance with COUNTY’s policies against discrimination, the Parties shall not exclude any person from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, national origin, sex, gender expression, gender identity, age, disability, marital status, sexual orientation, or public assistance status. No person who is protected by applicable law against discrimination shall be subjected to discrimination. HC# A2110922 4 8. NO THIRD PARTY BENEFICIARY Except as herein specifically provided, no other person, customer, employee, or invitee of any Party or any other third party shall be deemed to be a third party beneficiary of any of the provisions herein. 9. DATA COUNTY and CITY, their officers, agents, owners, partners, employees, volunteers and subcontractors, shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and all other applicable state and federal law, rules, regulations and orders relating to data privacy, confidentiality, disclosure of information, medical records or other health and enrollment information, and as any of the same may be amended, as well as the data and data sharing provisions set forth in Exhibit A. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 10. RECORDS – AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, the Parties, the State Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., of the Parties which are pertinent to the accounting practices and procedures of the Parties and involve transactions relating to this Agreement. The Parties shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration, cancellation or termination. 11. MERGER, MODIFICATION, AND SEVERABILITY A. The entire understanding between the Parties is contained herein and supersedes all oral agreements and negotiations between the Parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. Any alterations, variations or modifications of the provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the Parties. Except as expressly provided, the substantive legal terms contained in this Agreement including but not limited to Indemnification; Liability and Notice; Merger, Modification and Severability; Default and Cancellation/Termination or Minnesota Law Governs may not be altered, varied, modified or waived by any change order, implementation plan, scope of work, development specification or other development process or document. C. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. HC# A2110922 5 12. DEFAULT AND CANCELLATION/TERMINATION A. If either Party fails to perform any of the provisions of this Agreement, fails to administer the work so as to endanger the performance of the Agreement or otherwise breaches or fails to comply with any of the terms of this Agreement, it shall be in default. Unless the Party’s default is excused in writing by the non-defaulting Party, the non-defaulting Party may upon written notice immediately cancel or terminate this Agreement. B. This Agreement may be canceled/terminated with or without cause by either Party upon thirty (30) days written notice. Either Party may immediately cancel or terminate this Agreement if the terminating party determines that the health and welfare of a member of the public is at risk. Upon cancellation/termination of this Agreement, property or surplus money, if any, acquired as a result of the operation of this Agreement shall be distributed to the Parties in proportion to contributions of the Parties. C. Either Party’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. D. The above remedies shall be in addition to any other right or remedy available to either Party under this Agreement, law, statute, rule, and/or equity. 13. NOTICES Unless the Parties otherwise agree in writing, any notice or demand which must be given or made by a Party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to COUNTY shall be sent to the County Administrator at the address given in the opening paragraph of this Agreement with copies to HSPHD as detailed below. Notice to CITY shall be sent to the address stated in the opening paragraph of this Agreement with a copy as detailed below. HSPHD: Leah Kaiser Senior Department Administrator Hennepin County 300 South 6th Street Minneapolis, Minnesota 55487 leah.kaiser@hennepin.us POLICE DEPARTMENT: Scott Nadeau Police Chief Golden Valley Police Department 7800 Golden Valley Road Golden Valley, Minnesota 55427 HC# A2110922 6 14. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: INDEPENDENT PARTIES; LIABILITY AND NOTICE; INSURANCE; DATA; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION; MARKETING AND PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. 15. MARKETING AND PROMOTIONAL LITERATURE CITY agrees that the terms, “Hennepin County” and “Hennepin County Human Services and Public Health Department”, the name of any elected official, or any derivatives thereof, shall not be utilized in any promotional literature or advertisements of any type without the express prior written consent of COUNTY. 16. MINNESOTA LAWS GOVERN The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the Parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts involving the Parties will be in the appropriate federal court within the state of Minnesota. (The remainder of this page intentionally left blank.) HC# A2110922 7 COUNTY BOARD AUTHORIZATION Reviewed for COUNTY by COUNTY OF HENNEPIN the County Attorney’s Office: STATE OF MINNESOTA By: Chair of Its County Board Date: ________________________ ATTEST: Deputy/Clerk of County Board Date: And: County Administrator Date: CITY OF GOLDEN VALLEY Shepard M. Harris, Mayor Date: DECEMBER 21, 2021 Timothy J. Cruikshank, City Manager Date: DECEMBER 21, 2021 HC# A2110922 Exhibit A: Description of Services 1 POLICE DEPARTMENT and HSPHD staff will work collaboratively to prevent reoccurrences of emergency crises. Roles and Responsibilities of Parties • POLICE DEPARTMENT will provide office space for the Senior Social Worker (SSW). • POLICE DEPARTMENT will run DSL lines at designated office space, as needed, if SSW is otherwise unable to access to COUNTY network. • POLICE DEPARTMENT will work with the HSPHD Social Work Unit Supervisor (SWUS) to establish criteria for referrals. • POLICE DEPARTMENT will work with the SWUS to develop a referral process. • POLICE DEPARTMENT will track referrals and repeat calls. • POLICE DEPARTMENT will track mental health calls that involve weapons, use of force and transportation holds being written. • POLICE DEPARTMENT will accompany the SSW to home visits as needed. • HSPHD will be responsible for providing the SSW with equipment that is necessary for completing their work. This includes but is not limited to laptop computer, cell phone, and office supplies. • The SSW will report directly to the HSPHD SWUS. • HSPHD will be responsible for transportation/mileage expenses for the SSW. The SSW will be responsible following the HSPHD transportation/mileage reimbursement policies. • The SSW will provide short-term assistance to individuals in order to connect the individuals with internal and/or community resources to help meet their needs. Services will be provided in an ethical manner. • After being assigned a case, the SSW will complete a file clearance of the various systems to determine if the individual is open to social services, county of financial responsibility, and public assistance programs. • The SSW will meet the individual, assess the individual’s needs, note formal and informal supports, and determine where gaps exist. • The SSW will request a new or updated diagnostic assessments as needed. HC# A2110922 Exhibit A: Description of Services 2 • The initial assessment should include the risks to the safety and stability of the individual as well as the individual’s ability to address such concerns. The SSW will also evaluate the need for emergency services and if needed will assist in making those connections. • The SSW will work with the individual to develop an initial plan that addresses gaps that exist in the individual’s support system and will work with the individual to identify and connect with community resources. This plan will be signed by both the individual and the SSW. • The SSW will ensure that release of information forms are signed and that other paperwork is completed in a timely manner. • Client information can only be shared with law enforcement when there is an ongoing emergency situation and the client information is necessary to protect the health or safety of the individual or other people. Information disclosed would be limited to that necessary to address the emergency situation. • If community and/or county resources are needed, the SSW will collect information needed to determine eligibility for those services. The SSW will facilitate referrals to appropriate resources. • The SSW will collaborate with other involved parties as indicated. • If eligible for county operated or contracted case management services, the SSW will complete the necessary paperwork to transfer the individual to case management. • The SSW will document all activities and data as requested for tracking purposes. • Participation is voluntary, and the individual served has a right to refuse services. HC# A2110922 Exhibit A: Description of Services 3 Goals of the Police-Mental Health Unit include, but are not limited to: • More timely engagement of SSW with individuals; • Increased use of community resources to support individuals; • Increased use of non-urgent health care systems; • Improved engagement of current service providers; • Ongoing collaboration and learning between HSPHD and POLICE DEPARTMENT; • Expanding mental health resources to the community; • Reducing use of force, injury or death to officers and community members; • Reducing rate of arrests/prosecution of persons in mental health crisis and increase the number of persons who remain in community settings with services and supports; • Creating cost-savings through reduction of incarceration and hospitalization resulting from mental health crisis; • Reducing repeat police response to mental health crisis calls; and • Improving efficacy of law enforcement response to emergency and non-emergency mental health issues. Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. D. 7. Purchase Body-Worn Cameras and Upgrade Software Prepared By Adam Knauer, IT Supervisor Sue Virnig, Finance Director Scott Nadeau, Police Chief Randy Mahlen, Sergeant Summary The Vehicles and Equipment Capital Improvement Program #V&E-135 has $74,070 in 2021 for replacement of body-worn cameras (BWC). The BWC were purchased in 2017/2018 and information was stored on a server at LOGIS. Watchguard Video has a new BWC (V300) that has several new features including a user-replaceable battery with four times the storage. Each BWC has a new docking station and software. Moving the data to the cloud also allows less maintenance and more streamlined updates in the future plus reduced storage fees at LOGIS. Both Police and IT staff have been working with Watchguard on this contract. Financial Or Budget Considerations The 2021-2030 includes monies each year for replacement. Due to the nature of this contract staff will revise numbers for the 2023-2032 CIP and decide whether this should stay in the CIP or move to the Police Budget. The current amount in the 2021-2030 CIP for the next five years is $270,350. The total of this contract is $208,505. Staff recommends Watchguard Video’s quote in the amount of $41,701 per year for the next five years. Recommended Action Motion to approve the five year contract for BWC technology with Watchguard Video in the form approved by the City Attorney. Supporting Documents • Customer Contract and Addenda (32 pages) • FBI/CJIS Security Addendum (3 pages) 1 Master Customer Agreement This Master Customer Agreement (the “MCA”) is entered into between Motorola Solutions, Inc., with offices at 500 W. Monroe Street, Suite 4400, Chicago, IL 60661 (“Motorola”) and the entity set forth in the signature block below (“Customer”). Motorola and Customer will each be referred to herein as a “Party” and collectively as the “Parties”. This Agreement (as defined below) is effective as of the date of the last signature (the “Effective Date”). 1. Agreement. 1.1. Scope; Agreement Documents. This MCA governs Customer’s purchase of Products (as defined below) and Services (as defined below) from Motorola. Additional terms and conditions applicable to specific Products and Services are set forth in one or more addenda attached to this MCA (each an “Addendum”, and collectively the “Addenda”). In addition, the Parties may agree upon solution descriptions, equipment lists, statements of work, schedules, technical specifications, and other ordering documents setting forth the Products and Services to be purchased by Customer and provided by Motorola and additional rights and obligations of the Parties (the “Ordering Documents”). To the extent required by applicable procurement law, a proposal submitted by Motorola in response to a competitive procurement process will be included within the meaning of the term Ordering Documents. This MCA, the Addenda, and any Ordering Documents collectively form the Parties’ “Agreement”. 1.2. Order of Precedence. Each Addendum will control with respect to conflicting terms in the MCA, but only as applicable to the Products and Services described in such Addendum. Each Ordering Document will control with respect to conflicting terms in the MCA or any Addenda, but only as applicable to the Products and Services described on such Ordering Document. 2. Products and Services. 2.1. Products. Motorola will (a) sell hardware provided by Motorola (“Equipment”), (b) license software which is either preinstalled on Equipment or installed on Customer-Provided Equipment (as defined below) and licensed to Customer by Motorola for a perpetual or other defined license term (“Licensed Software”), and (c) license cloud-based software as a service products and other software which is either preinstalled on Equipment or installed on Customer-Provided Equipment, but licensed to Customer by Motorola on a subscription basis (“Subscription Software”) to Customer, to the extent each is set forth in an Ordering Document, for Customer’s own use in accordance with this Agreement. The Equipment, Licensed Software, and Subscription Software shall collectively be referred to herein as “Products”, or individually as a “Product”. At any time during the Term (as defined below), Motorola may substitute any Products at no cost to Customer, if the substitute is substantially similar to the Products set forth in the applicable Ordering Documents. 2.2. Services. 2.2.1. Motorola will provide services related to purchased Products (“Services”), to the extent set forth in an Ordering Document. 2.2.2. Integration Services; Maintenance and Support Services. If specified in an Ordering Document, Motorola will provide, for the term of such Ordering Document, (a) design, deployment, and integration Services in order to design, install, set up, configure, and/or integrate the applicable Products at the applicable locations (“Sites”), agreed upon by the Parties (“Integration Services”), or (b) break/fix maintenance, technical support, or other Services (such as software integration Services) (“Maintenance 2 and Support Services”), each as further described in the applicable statement of work. Maintenance and Support Services and Integration Services will each be considered “Services”, as defined above. 2.2.3. Service Ordering Documents. The Fees for Services will be set forth in an Ordering Document and any applicable project schedules. A Customer point of contact will be set forth in the applicable statement of work for the Services. For purposes of clarity, each statement of work will be incorporated into, and form an integral part of, the Agreement. 2.2.4. Service Completion. Unless otherwise specified in the applicable Ordering Document, Services described in an Ordering Document will be deemed complete upon Motorola’s performance of all Services listed in such Ordering Document (“Service Completion Date”); provided, however, that Maintenance and Support Services may be offered on an ongoing basis during a given Ordering Document term, in which case such Maintenance and Support Services will conclude upon the expiration or termination of such Ordering Document. 2.3. Non-Preclusion. If, in connection with the Products and Services provided under this Agreement, Motorola makes recommendations, including a recommendation to purchase other products or services, nothing in this Agreement precludes Motorola from participating in a future competitive bidding process or otherwise offering or selling the recommended products or other services to Customer. Customer represents that this paragraph does not violate its procurement standards or other laws, regulations, or policies. 2.4. Customer Obligations. Customer will ensure that information Customer provides to Motorola in connection with receipt of Products and Services are accurate and complete in all material respects. Customer will make timely decisions and obtain any required management approvals that are reasonably necessary for Motorola to provide the Products and Services and perform its other duties under this Agreement. Unless the applicable Ordering Document states otherwise, Motorola may rely upon and is not required to evaluate, confirm, reject, modify, or provide advice concerning any assumptions or Customer information, decisions, or approvals described in this Section. If any assumptions in the Ordering Documents or information provided by Customer prove to be incorrect, or if Customer fails to perform any of its obligations under this Agreement, Motorola’s ability to perform its obligations may be impacted and changes to the Agreement, including the scope, Fees, and performance schedule may be required. 2.5. Documentation. Products and Services may be delivered with documentation for the Equipment, software Products, or data that specifies technical and performance features, capabilities, users, or operation, including training manuals, and other deliverables, such as reports, specifications, designs, plans, drawings, analytics, or other information (collectively, “Documentation”). Documentation is and will be owned by Motorola, unless otherwise expressly agreed in an Addendum or Ordering Document that certain Documentation will be owned by Customer. Motorola hereby grants Customer a limited, royalty-free, worldwide, non-exclusive license to use the Documentation solely for its internal business purposes in connection with the Products and Services. 2.6. Motorola Tools and Equipment. As part of delivering the Products and Services, Motorola may provide certain tools, equipment, models, and other materials of its own. Such tools and equipment will remain the sole property of Motorola unless they are to be purchased by Customer as Products and are explicitly listed on an Ordering Document. The tools and equipment may be held by Customer for Motorola’s use without charge and may be removed from Customer’s premises by Motorola at any time without restriction. Customer will safeguard all tools and equipment while in 3 Customer’s custody or control, and be liable for any loss or damage. Upon the expiration or earlier termination of this Agreement, Customer, at its expense, will return to Motorola all tools and equipment in its possession or control. 2.7. Authorized Users. Customer will ensure its employees and Authorized Users comply with the terms of this Agreement and will be liable for all acts and omissions of its employees and Authorized Users. Customer is responsible for the secure management of Authorized Users’ names, passwords and login credentials for access to Products and Services. “Authorized Users” are Customer’s employees, full-time contractors engaged for the purpose of supporting the Products and Services that are not competitors of Motorola, and the entities (if any) specified in an Ordering Document or otherwise approved by Motorola in writing (email from an authorized Motorola signatory accepted), which may include affiliates or other Customer agencies. 2.8. Export Control. Customer, its employees, and any other Authorized Users will not access or use the Products and Services in any jurisdiction in which the provision of such Products and Services is prohibited under applicable laws or regulations (a “Prohibited Jurisdiction”), and Customer will not provide access to the Products and Services to any government, entity, or individual located in a Prohibited Jurisdiction. Customer represents and warrants that (a) it and its Authorized Users are not named on any U.S. government list of persons prohibited from receiving U.S. exports, or transacting with any U.S. person; (b) it and its Authorized Users are not a national of, or a company registered in, any Prohibited Jurisdiction; (c) Customer will not permit its Authorized Users to access or use the Products or Services in violation of any U.S. or other applicable export embargoes, prohibitions or restrictions; and (d) Customer and its Authorized Users will comply with all applicable laws regarding the transmission of technical data exported from the U.S. and the country in which Customer, its employees, and the Authorized Users are located. 2.9. Change Orders. Unless a different change control process is agreed upon in writing by the Parties, a Party may request changes to an Addendum or an Ordering Document by submitting a change order to the other Party (each, a “Change Order”). If a requested change in a Change Order causes an increase or decrease in the Products or Services, the Parties by means of the Change Order will make appropriate adjustments to the Fees, project schedule, or other matters. Change Orders are effective and binding on the Parties only upon execution of the Change Order by an authorized representative of both Parties. 3. Term and Termination. 3.1. Term. The term of this MCA (“Term”) will commence on the Effective Date and continue until six (6) months after the later of (a) the termination, expiration, or discontinuance of services under the last Ordering Document in effect, or (b) the expiration of all applicable warranty periods, unless the MCA is earlier terminated as set forth herein. The applicable Addendum or Ordering Document will set forth the term for the Products and Services governed thereby. 3.2. Termination. Either Party may terminate the Agreement or the applicable Addendum or Ordering Document if the other Party breaches a material obligation under the Agreement and does not cure such breach within thirty (30) days after receipt of notice of the breach or fails to produce a cure plan within such period of time. Each Addendum and Ordering Document may be separately terminable as set forth therein. 3.3. Suspension of Services. Motorola may terminate or suspend any Products or Services under an Ordering Document if Motorola determines: (a) the related Product license has expired or has terminated for any reason; (b) the applicable Product is being used on a hardware platform, operating system, or version not approved by Motorola; (c) Customer fails to make any payments when due; 4 or (d) Customer fails to comply with any of its other obligations or otherwise delays Motorola’s ability to perform. 3.4. Effect of Termination or Expiration. Upon termination for any reason or expiration of this Agreement, an Addendum, or an Ordering Document, Customer and the Authorized Users will return or destroy (at Motorola’s option) all Motorola Materials and Motorola’s Confidential Information in their possession or control and, as applicable, provide proof of such destruction, except that Equipment purchased by Customer should not be returned. If Customer has any outstanding payment obligations under this Agreement, Motorola may accelerate and declare all such obligations of Customer immediately due and payable by Customer. Notwithstanding the reason for termination or expiration, Customer must pay Motorola for Products and Services already delivered. Customer has a duty to mitigate any damages under this Agreement, including in the event of default by Motorola and Customer’s termination of this Agreement. 4. Payment and Invoicing. 4.1. Fees. Fees and charges applicable to the Products and Services (the “Fees”) will be as set forth in the applicable Addendum or Ordering Document, and such Fees may be changed by Motorola at any time, except that Motorola will not change the Fees for Products and Services purchased by Customer during the term of an active Ordering Document or during a Subscription Term (as defined and further described in the applicable Addendum). Changes in the scope of Services described in an Ordering Document may require an adjustment to the Fees due under such Ordering Document. If a specific invoicing or payment schedule is set forth in the applicable Addendum or Ordering Document, such schedule will apply solely with respect to such Addendum or Ordering Document. Unless otherwise specified in the applicable Ordering Document, the Fees for any Services exclude expenses associated with unusual and costly Site access requirements (e.g., if Site access requires a helicopter or other equipment), and Customer will reimburse Motorola for these or other expenses incurred by Motorola in connection with the Services. 4.2. Taxes. The Fees do not include any excise, sales, lease, use, property, or other taxes, assessments, duties, or regulatory charges or contribution requirements (collectively, “Taxes”), all of which will be paid by Customer, except as exempt by law, unless otherwise specified in an Ordering Document. If Motorola is required to pay any Taxes, Customer will reimburse Motorola for such Taxes (including any interest and penalties) within thirty (30) days after Customer’s receipt of an invoice therefore. Customer will be solely responsible for reporting the Products for personal property tax purposes, and Motorola will be solely responsible for reporting taxes on its income and net worth. 4.3. Invoicing. Motorola will invoice Customer at the frequency set forth in the applicable Addendum or Ordering Document, and Customer will pay all invoices within thirty (30) days of the invoice date or as otherwise specified in the applicable Addendum or Ordering Document. Late payments will be subject to interest charges at the maximum rate permitted by law, commencing upon the due date. Motorola may invoice electronically via email, and Customer agrees to receive invoices via email at the email address set forth in an Ordering Document. Customer acknowledges and agrees that a purchase order or other notice to proceed is not required for payment for Products or Services. 5. Sites; Customer-Provided Equipment; Non-Motorola Content. 5.1. Access to Sites. Customer will be responsible for providing all necessary permits, licenses, and other approvals necessary for the installation and use of the Products and the performance of the Services at each applicable Site, including for Motorola to perform its obligations hereunder, and for facilitating Motorola’s access to the Sites. No waivers of liability will be imposed on Motorola or 5 its subcontractors by Customer or others at Customer facilities or other Sites, but if and to the extent any such waivers are imposed, the Parties agree such waivers are void. 5.2. Site Conditions. Customer will ensure that (a) all Sites are safe and secure, (b) Site conditions meet all applicable industry and legal standards (including standards promulgated by OSHA or other governmental or regulatory bodies), (c) to the extent applicable, Sites have adequate physical space, air conditioning, and other environmental conditions, electrical power outlets, distribution, equipment, connections, and telephone or other communication lines (including modem access and interfacing networking capabilities), and (d) Sites are suitable for the installation, use, and maintenance of the Products and Services. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS-222 in effect on the Effective Date. 5.3. Site Issues. Motorola will have the right at any time to inspect the Sites and advise Customer of any deficiencies or non-conformities with the requirements of this Section 5 – Sites; Customer- Provided Equipment; Non-Motorola Content. If Motorola or Customer identifies any deficiencies or non-conformities, Customer will promptly remediate such issues or the Parties will select a replacement Site. If a Party determines that a Site identified in an Ordering Document is not acceptable or desired, the Parties will cooperate to investigate the conditions and select a replacement Site or otherwise adjust the installation plans and specifications as necessary. A change in Site or adjustment to the installation plans and specifications may cause a change in the Fees or performance schedule under the applicable Ordering Document. 5.4. Customer-Provided Equipment. Certain components, including equipment and software, not provided by Motorola may be required for use of the Products and Services (“Customer-Provided Equipment”). Customer will be responsible, at its sole cost and expense, for providing and maintaining the Customer-Provided Equipment in good working order. Customer represents and warrants that it has all rights in Customer-Provided Equipment to permit Motorola to access and use the applicable Customer-Provided Equipment to provide the Products and Services under this Agreement, and such access and use will not violate any laws or infringe any third-party rights (including intellectual property rights). Customer (and not Motorola) will be fully liable for Customer- Provided Equipment, and Customer will immediately notify Motorola of any Customer-Provided Equipment damage, loss, change, or theft that may impact Motorola’s ability to provide the Products and Services under this Agreement, and Customer acknowledges that any such events may cause a change in the Fees or performance schedule under the applicable Ordering Document. 5.5. Non-Motorola Content. In certain instances, Customer may be permitted to access, use, or integrate Customer or third-party software, services, content, and data that is not provided by Motorola (collectively, “Non-Motorola Content”) with or through the Products and Services. If Customer accesses, uses, or integrates any Non-Motorola Content with the Products or Services, Customer will first obtain all necessary rights and licenses to permit Customer’s and its Authorized Users’ use of the Non-Motorola Content in connection with the Products and Services. Customer will also obtain the necessary rights for Motorola to use such Non-Motorola Content in connection with providing the Products and Services, including the right for Motorola to access, store, and process such Non-Motorola Content (e.g., in connection with Subscription Software), and to otherwise enable interoperation with the Products and Services. Customer represents and warrants that it will obtain the foregoing rights and licenses prior to accessing, using, or integrating the applicable Non-Motorola Content with the Products and Services, and that Customer and its Authorized Users will comply with any terms and conditions applicable to such Non-Motorola Content. If any Non-Motorola Content require access to Customer Data (as defined below), Customer hereby authorizes Motorola to allow the provider of such Non-Motorola Content to access Customer Data, in connection with the interoperation of such Non-Motorola Content with the Products and Services. Customer acknowledges and agrees that Motorola is not responsible for, and makes no representations or 6 warranties with respect to, the Non-Motorola Content (including any disclosure, modification, or deletion of Customer Data resulting from use of Non-Motorola Content or failure to properly interoperate with the Products and Services). If Customer receives notice that any Non-Motorola Content must be removed, modified, or disabled within the Products or Services, Customer will promptly do so. Motorola will have the right to disable or remove Non-Motorola Content if Motorola believes a violation of law, third-party rights, or Motorola’s policies is likely to occur, or if such Non- Motorola Content poses or may pose a security or other risk or adverse impact to the Products or Services, Motorola, Motorola’s systems, or any third party (including other Motorola customers). Nothing in this Section will limit the exclusions set forth in Section 7.2 – Intellectual Property Infringement. 6. Representations and Warranties. 6.1. Mutual Representations and Warranties. Each Party represents and warrants to the other Party that (a) it has the right to enter into the Agreement and perform its obligations hereunder, and (b) the Agreement will be binding on such Party. 6.2. Motorola Warranties. Subject to the disclaimers and exclusions below, Motorola represents and warrants that (a) Services will be provided in a good and workmanlike manner and will conform in all material respects to the descriptions in the applicable Ordering Document; and (b) for a period of ninety (90) days commencing upon the Service Completion Date for one-time Services, the Services will be free of material defects in materials and workmanship. Other than as set forth in subsection (a) above, recurring Services are not warranted but rather will be subject to the requirements of the applicable Addendum or Ordering Document. Motorola provides other express warranties for Motorola-manufactured Equipment, Motorola-owned software Products, and certain Services. Such express warranties are included in the applicable Addendum or Ordering Document. Such representations and warranties will apply only to the applicable Product or Service that is the subject of such Addendum or Ordering Document. 6.3. Warranty Claims; Remedies. To assert a warranty claim, Customer must notify Motorola in writing of the claim prior to the expiration of any warranty period set forth in this MCA or the applicable Addendum or Ordering Document. Unless a different remedy is otherwise expressly set forth for a particular warranty under an Addendum, upon receipt of such claim, Motorola will investigate the claim and use commercially reasonable efforts to repair or replace any confirmed materially non- conforming Product or re-perform any non-conforming Service, at its option. Such remedies are Customer’s sole and exclusive remedies for Motorola’s breach of a warranty. Motorola’s warranties are extended by Motorola to Customer only, and are not assignable or transferrable. 6.4. Pass-Through Warranties. Notwithstanding any provision of this Agreement to the contrary, Motorola will have no liability for third-party software or hardware provided by Motorola; provided, however, that to the extent offered by third-party providers of software or hardware and to the extent permitted by law, Motorola will pass through express warranties provided by such third parties. 6.5. WARRANTY DISCLAIMER. EXCEPT FOR THE EXPRESS AND PASS THROUGH WARRANTIES IN THIS AGREEMENT, PRODUCTS AND SERVICES PURCHASED HEREUNDER ARE PROVIDED “AS IS” AND WITH ALL FAULTS. WARRANTIES SET FORTH IN THE AGREEMENT ARE THE COMPLETE WARRANTIES FOR THE PRODUCTS AND SERVICES AND MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND QUALITY. MOTOROLA DOES NOT REPRESENT OR WARRANT THAT USE OF THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF SECURITY VULNERABILITIES, OR THAT THEY WILL MEET CUSTOMER’S PARTICULAR REQUIREMENTS. 7 7. Indemnification. 7.1. General Indemnity. Motorola will defend, indemnify, and hold Customer harmless from and against any and all damages, losses, liabilities, and expenses (including reasonable fees and expenses of attorneys) arising from any actual third-party claim, demand, action, or proceeding (“Claim”) for personal injury, death, or direct damage to tangible property to the extent caused by Motorola’s negligence, gross negligence or willful misconduct while performing its duties under an Ordering Document or an Addendum, except to the extent the claim arises from Customer’s negligence or willful misconduct. Motorola’s duties under this Section 7.1 – General Indemnity are conditioned upon: (a) Customer promptly notifying Motorola in writing of the Claim; (b) Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and (c) Customer cooperating with Motorola and, if requested by Motorola, providing reasonable assistance in the defense of the Claim. 7.2. Intellectual Property Infringement. Motorola will defend Customer against any third-party claim alleging that a Motorola-developed or manufactured Product or Service (the “Infringing Product”) directly infringes a United States patent or copyright (“Infringement Claim”), and Motorola will pay all damages finally awarded against Customer by a court of competent jurisdiction for an Infringement Claim, or agreed to in writing by Motorola in settlement of an Infringement Claim. Motorola’s duties under this Section 7.2 – Intellectual Property Infringement are conditioned upon: (a) Customer promptly notifying Motorola in writing of the Infringement Claim; (b) Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and (c) Customer cooperating with Motorola and, if requested by Motorola, providing reasonable assistance in the defense of the Infringement Claim. 7.2.1. If an Infringement Claim occurs, or in Motorola’s opinion is likely to occur, Motorola may at its option and expense: (a) procure for Customer the right to continue using the Infringing Product; (b) replace or modify the Infringing Product so that it becomes non-infringing; or (c) grant Customer (i) a pro-rated refund of any amounts pre-paid for the Infringing Product (if the Infringing Product is a software Product, i.e., Licensed Software or Subscription Software) or (ii) a credit for the Infringing Product, less a reasonable charge for depreciation (if the Infringing Product is Equipment, including Equipment with embedded software). 7.2.2. In addition to the other damages disclaimed under this Agreement, Motorola will have no duty to defend or indemnify Customer for any Infringement Claim that arises from or is based upon: (a) Customer Data, Customer-Provided Equipment, Non-Motorola Content, or third-party equipment, hardware, software, data, or other third-party materials; (b) the combination of the Product or Service with any products or materials not provided by Motorola; (c) a Product or Service designed, modified, or manufactured in accordance with Customer’s designs, specifications, guidelines or instructions; (d) a modification of the Product or Service by a party other than Motorola; (e) use of the Product or Service in a manner for which the Product or Service was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to use or install an update to the Product or Service that is intended to correct the claimed infringement. In no event will Motorola’s liability resulting from an Infringement Claim extend in any way to any payments due on a royalty basis, other than a reasonable royalty based upon revenue derived by Motorola from Customer from sales or license of the Infringing Product. 7.2.3. This Section 7.2 – Intellectual Property Infringement provides Customer’s sole and exclusive remedies and Motorola’s entire liability in the event of an Infringement 8 Claim. For clarity, the rights and remedies provided in this Section are subject to, and limited by, the restrictions set forth in Section 8 – Limitation of Liability below. 8. Limitation of Liability. 8.1. DISCLAIMER OF CONSEQUENTIAL DAMAGES. EXCEPT FOR PERSONAL INJURY OR DEATH, MOTOROLA, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “MOTOROLA PARTIES”) WILL NOT BE LIABLE IN CONNECTION WITH THIS AGREEMENT (WHETHER UNDER MOTOROLA’S INDEMNITY OBLIGATIONS, A CAUSE OF ACTION FOR BREACH OF CONTRACT, UNDER TORT THEORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS OR REVENUES, EVEN IF MOTOROLA HAS BEEN ADVISED BY CUSTOMER OR ANY THIRD PARTY OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND WHETHER OR NOT SUCH DAMAGES OR LOSSES ARE FORESEEABLE. 8.2. DIRECT DAMAGES. EXCEPT FOR PERSONAL INJURY OR DEATH, THE TOTAL AGGREGATE LIABILITY OF THE MOTOROLA PARTIES, WHETHER BASED ON A CLAIM IN CONTRACT OR IN TORT, LAW OR EQUITY, RELATING TO OR ARISING OUT OF THE AGREEMENT WILL NOT EXCEED THE FEES SET FORTH IN THE ORDERING DOCUMENT UNDER WHICH THE CLAIM AROSE. NOTWITHSTANDING THE FOREGOING, FOR ANY SUBSCRIPTION SOFTWARE OR FOR ANY RECURRING SERVICES, THE MOTOROLA PARTIES’ TOTAL LIABILITY FOR ALL CLAIMS RELATED TO SUCH PRODUCT OR RECURRING SERVICES IN THE AGGREGATE WILL NOT EXCEED THE TOTAL FEES PAID FOR SUCH SUBSCRIPTION SOFTWARE OR RECURRING SERVICE, AS APPLICABLE, DURING THE CONSECUTIVE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT FROM WHICH THE FIRST CLAIM AROSE. 8.3. ADDITIONAL EXCLUSIONS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, MOTOROLA WILL HAVE NO LIABILITY FOR DAMAGES ARISING OUT OF (A) CUSTOMER DATA, INCLUDING ITS TRANSMISSION TO MOTOROLA, OR ANY OTHER DATA AVAILABLE THROUGH THE PRODUCTS OR SERVICES; (B) CUSTOMER-PROVIDED EQUIPMENT, NON-MOTOROLA CONTENT, THE SITES, OR THIRD-PARTY EQUIPMENT, HARDWARE, SOFTWARE, DATA, OR OTHER THIRD-PARTY MATERIALS, OR THE COMBINATION OF PRODUCTS AND SERVICES WITH ANY OF THE FOREGOING; (C) LOSS OF DATA OR HACKING; (D) MODIFICATION OF PRODUCTS OR SERVICES BY ANY PERSON OTHER THAN MOTOROLA; (E) RECOMMENDATIONS PROVIDED IN CONNECTION WITH OR BY THE PRODUCTS AND SERVICES; (F) DATA RECOVERY SERVICES OR DATABASE MODIFICATIONS; OR (G) CUSTOMER’S OR ANY AUTHORIZED USER’S BREACH OF THIS AGREEMENT OR MISUSE OF THE PRODUCTS AND SERVICES. 8.4. Voluntary Remedies. Motorola is not obligated to remedy, repair, replace, or refund the purchase price for the disclaimed issues in Section 8.3 – Additional Exclusions above, but if Motorola agrees to provide Services to help resolve such issues, Customer will reimburse Motorola for its reasonable time and expenses, including by paying Motorola any Fees set forth in an Ordering Document for such Services, if applicable. 8.5. Statute of Limitations. Customer may not bring any claims against a Motorola Party in connection with this Agreement or the Products and Services more than one (1) year after the date of accrual of the cause of action. 9. Confidentiality. 9 9.1. Confidential Information. “Confidential Information” means any and all non-public information provided by one Party (“Discloser”) to the other (“Recipient”) that is disclosed under this Agreement in oral, written, graphic, machine recognizable, or sample form, being clearly designated, labeled or marked as confidential or its equivalent or that a reasonable businessperson would consider non-public and confidential by its nature. With respect to Motorola, Confidential Information will also include Products and Services, and Documentation, as well as any other information relating to the Products and Services. In order to be considered Confidential Information, information that is disclosed orally must be identified as confidential at the time of disclosure and confirmed by Discloser by submitting a written document to Recipient within thirty (30) days after such disclosure. The written document must contain a summary of the Confidential Information disclosed with enough specificity for identification purpose and must be labeled or marked as confidential or its equivalent. 9.2. Obligations of Confidentiality. During the Term and for a period of three (3) years from the expiration or termination of this Agreement, Recipient will (a) not disclose Confidential Information to any third party, except as expressly permitted in this Section 9 - Confidentiality; (b) restrict disclosure of Confidential Information to only those employees (including, employees of any wholly owned subsidiary, a parent company, any other wholly owned subsidiaries of the same parent company), agents or consultants who must access the Confidential Information for the purpose of, and who are bound by confidentiality terms substantially similar to those in, this Agreement; (c) not copy, reproduce, reverse engineer, de-compile or disassemble any Confidential Information; (d) use the same degree of care as for its own information of like importance, but at least use reasonable care, in safeguarding against disclosure of Confidential Information; (e) promptly notify Discloser upon discovery of any unauthorized use or disclosure of the Confidential Information and take reasonable steps to regain possession of the Confidential Information and prevent further unauthorized actions or other breach of this Agreement; and (f) only use the Confidential Information as needed to fulfill its obligations and secure its rights under this Agreement. 9.3. Exceptions. Recipient is not obligated to maintain as confidential any information that Recipient can demonstrate by documentation (a) is publicly available at the time of disclosure or becomes available to the public without breach of this Agreement; (b) is lawfully obtained from a third party without a duty of confidentiality to Discloser; (c) is otherwise lawfully known to Recipient prior to such disclosure without a duty of confidentiality to Discloser; or (d) is independently developed by Recipient without the use of, or reference to, any of Discloser’s Confidential Information or any breach of this Agreement. Additionally, Recipient may disclose Confidential Information to the extent required by law, including a judicial or legislative order or proceeding and as required under the Minnesota Government Data Practices Act. 9.4. Ownership of Confidential Information. All Confidential Information is and will remain the property of Discloser and will not be copied or reproduced without the express written permission of Discloser (including as permitted herein). Within ten (10) days of receipt of Discloser’s written request, Recipient will return or destroy all Confidential Information to Discloser along with all copies and portions thereof, or certify in writing that all such Confidential Information has been destroyed. However, Recipient may retain (a) one (1) archival copy of the Confidential Information for use only in case of a dispute concerning this Agreement and (b) Confidential Information that has been automatically stored in accordance with Recipient’s standard backup or recordkeeping procedures, provided, however that Recipient will remain subject to the obligations of this Agreement with respect to any Confidential Information retained subject to clauses (a) or (b). No license, express or implied, in the Confidential Information is granted to the Recipient other than to use the Confidential Information in the manner and to the extent authorized by this Agreement. Discloser represents and warrants that it is authorized to disclose any Confidential Information it discloses pursuant to this Agreement. 10 10. Proprietary Rights; Data; Feedback. 10.1. Data Definitions. The following terms will have the stated meanings: “Customer Contact Data” means data Motorola collects from Customer, its Authorized Users, and their end users for business contact purposes, including marketing, advertising, licensing and sales purposes; “Service Use Data” means data generated by Customer’s use of the Products and Services or by Motorola’s support of the Products and Services, including personal information, product performance and error information, activity logs and date and time of use; “Customer Data” means data, information, and content, including images, text, videos, documents, audio, telemetry, location and structured data base records, provided by, through, or on behalf of Customer, its Authorized Users, and their end users through the use of the Products and Services. Customer Data does not include Customer Contact Data, Service Use Data, or information from publicly available sources or other Third-Party Data or Motorola Data; “Third-Party Data” means information obtained by Motorola from publicly available sources or its third party content providers and made available to Customer through the Products or Services; “Motorola Data” means data owned or licensed by Motorola; “Feedback” means comments or information, in oral or written form, given to Motorola by Customer or Authorized Users, including their end users, in connection with or relating to the Products or Services; and “Process” or “Processing” means any operation or set of operations which is performed on personal information or on sets of personal information, whether or not by automated means, such as collection, recording, copying, analyzing, caching, organization, structuring, storage, adaptation, or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. 10.2. Motorola Materials. Customer acknowledges that Motorola may use or provide Customer with access to software, tools, data, and other materials, including designs, utilities, models, methodologies, systems, and specifications, which Motorola has developed or licensed from third parties (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de-compilations, disassemblies, or derivative works of the foregoing, whether made by Motorola or another party) (collectively, “Motorola Materials”). The Products and Services, Motorola Data, Third-Party Data, and Documentation, are considered Motorola Materials. Except when Motorola has expressly transferred title or other interest to Customer by way of an Addendum or Ordering Document, the Motorola Materials are the property of Motorola or its licensors, and Motorola or its licensors retain all right, title and interest in and to the Motorola Materials (including, all rights in patents, copyrights, trademarks, trade names, trade secrets, know-how, other intellectual property and proprietary rights, and all associated goodwill and moral rights). For clarity, this Agreement does not grant to Customer any shared development rights in or to any Motorola Materials or other intellectual property, and Customer agrees to execute any documents and take any other actions reasonably requested by Motorola to effectuate the foregoing. Motorola and its licensors reserve all rights not expressly granted to Customer, and no rights, other than those expressly granted herein, are granted to Customer by implication, estoppel or otherwise. Customer will not modify, disassemble, reverse engineer, derive source code or create derivative works from, merge with other software, distribute, sublicense, sell, or export the Products and Services or other Motorola Materials, or permit any third party to do so. 10.3. Ownership of Customer Data. Customer retains all right, title and interest, including intellectual property rights, if any, in and to Customer Data. Motorola acquires no rights to Customer Data except those rights granted under this Agreement including the right to Process and use the Customer Data as set forth in Section 10.4 – Processing Customer Data below and in other applicable Addenda. The Parties agree that with regard to the Processing of personal information which may be part of Customer Data, Customer is the controller and Motorola is the processor, and may engage sub-processors pursuant to Section 10.4.3 – Sub-processors. 11 10.4. Processing Customer Data. 10.4.1. Motorola Use of Customer Data. To the extent permitted by law, Customer grants Motorola and its subcontractors a right to use Customer Data and a royalty-free, worldwide, non-exclusive license to use Customer Data (including to process, host, cache, store, reproduce, copy, modify, combine, analyze, create derivative works from such Customer Data and to communicate, transmit, and distribute such Customer Data to third parties engaged by Motorola) to (a) perform Services and provide Products under the Agreement, (b) analyze the anonymized Customer Data to operate, maintain, manage, and improve Motorola Products and Services, and (c) create new products and services. Customer agrees that this Agreement, along with the Documentation, are Customer’s complete and final documented instructions to Motorola for the processing of Customer Data. Any additional or alternate instructions must be agreed to according to the Change Order process. Customer represents and warrants to Motorola that Customer’s instructions, including appointment of Motorola as a processor or sub-processor, have been authorized by the relevant controller. 10.4.2. Collection, Creation, Use of Customer Data. Customer further represents and warrants that the Customer Data, Customer’s collection, creation, and use of the Customer Data (including in connection with Motorola’s Products and Services), and Motorola’s use of such Customer Data in accordance with the Agreement, will not violate any laws or applicable privacy notices or infringe any third-party rights (including intellectual property and privacy rights). Customer also represents and warrants that the Customer Data will be accurate and complete, and that Customer has obtained all required consents, provided all necessary notices, and met any other applicable legal requirements with respect to collection and use (including Motorola’s and its subcontractors’ use) of the Customer Data as described in the Agreement. 10.4.3. Sub-processors. Customer agrees that Motorola may engage sub-processors who in turn may engage additional sub-processors to Process personal data in accordance with this Agreement. When engaging sub-processors, Motorola will enter into agreements with the sub-processors to bind them to data processing obligations to the extent required by law. 10.5. Data Retention and Deletion. Except for anonymized Customer Data, as described above, or as otherwise provided under the Agreement, Motorola will delete all Customer Data following termination or expiration of this MCA or the applicable Addendum or Ordering Document, with such deletion to occur no later than ninety (90) days following the applicable date of termination or expiration, unless otherwise required to comply with applicable law. Any requests for the exportation or download of Customer Data must be made by Customer to Motorola in writing before expiration or termination, subject to Section 13.9 – Notices. Motorola will have no obligation to retain such Customer Data beyond expiration or termination unless the Customer has purchased extended storage from Motorola through a mutually executed Ordering Document. 10.6. Service Use Data. Customer understands and agrees that Motorola may collect and use Service Use Data for its own purposes, including the uses described below. Motorola may use Service Use Data to (a) operate, maintain, manage, and improve existing and create new products and services, (b) test products and services, (c) to aggregate Service Use Data and combine it with that of other users, and (d) to use anonymized or aggregated data for marketing, research or other business purposes. Service Use Data may be disclosed to third parties. It is Customer’s responsibility to notify Authorized Users of Motorola’s collection and use of Service Use Data and to obtain any required consents, provide all necessary notices, and meet any other applicable legal 12 requirements with respect to such collection and use, and Customer represents and warrants to Motorola that it has complied and will continue to comply with this Section. 10.7. Third-Party Data and Motorola Data. Motorola Data and Third-Party Data may be available to Customer through the Products and Services. Customer and its Authorized Users may use Motorola Data and Third-Party Data as permitted by Motorola and the applicable Third-Party Data provider, as described in the applicable Addendum. Unless expressly permitted in the applicable Addendum, Customer will not, and will ensure its Authorized Users will not: (a) use the Motorola Data or Third-Party Data for any purpose other than Customer’s internal business purposes; (b) disclose the data to third parties; (c) “white label” such data or otherwise misrepresent its source or ownership, or resell, distribute, sublicense, or commercially exploit the data in any manner; (d) use such data in violation of applicable laws; (e) remove, obscure, alter, or falsify any marks or proprietary rights notices indicating the source, origin, or ownership of the data; or (f) modify such data or combine it with Customer Data or other data or use the data to build databases. Additional restrictions may be set forth in the applicable Addendum. Any rights granted to Customer or Authorized Users with respect to Motorola Data or Third-Party Data will immediately terminate upon termination or expiration of the applicable Addendum, Ordering Document, or this MCA. Further, Motorola or the applicable Third-Party Data provider may suspend, change, or terminate Customer’s or any Authorized User’s access to Motorola Data or Third-Party Data if Motorola or such Third-Party Data provider believes Customer’s or the Authorized User’s use of the data violates the Agreement, applicable law or Motorola’s agreement with the applicable Third-Party Data provider. Upon termination of Customer’s rights to use any Motorola Data or Third-Party Data, Customer and all Authorized Users will immediately discontinue use of such data, delete all copies of such data, and certify such deletion to Motorola. Notwithstanding any provision of the Agreement to the contrary, Motorola will have no liability for Third-Party Data or Motorola Data available through the Products and Services. Motorola and its Third-Party Data providers reserve all rights in and to Motorola Data and Third-Party Data not expressly granted in an Addendum or Ordering Document. 10.8. Feedback. Any Feedback provided by Customer is entirely voluntary, and will not create any confidentiality obligation for Motorola, even if designated as confidential by Customer. Motorola may use, reproduce, license, and otherwise distribute and exploit the Feedback without any obligation or payment to Customer or Authorized Users and Customer represents and warrants that it has obtained all necessary rights and consents to grant Motorola the foregoing rights. 10.9. Improvements; Products and Services. The Parties agree that, notwithstanding any provision of this MCA or the Agreement to the contrary, all fixes, modifications and improvements to the Services or Products conceived of or made by or on behalf of Motorola that are based either in whole or in part on the Feedback, Customer Data, or Service Use Data (or otherwise) are the exclusive property of Motorola and all right, title and interest in and to such fixes, modifications or improvements will vest solely in Motorola. Customer agrees to execute any written documents necessary to assign any intellectual property or other rights it may have in such fixes, modifications or improvements to Motorola. 11. Force Majeure; Delays Caused by Customer. 11.1. Force Majeure. Except for Customer’s payment obligations hereunder, neither Party will be responsible for nonperformance or delayed performance due to events outside of its reasonable control. If performance will be significantly delayed, the affected Party will provide notice to the other Party, and the Parties will agree (in writing) upon a reasonable extension to any applicable performance schedule. 11.2. Delays Caused by Customer. Motorola’s performance of the Products and Services will be excused for delays caused by Customer or its Authorized Users or subcontractors, or by failure of 13 any assumptions set forth in this Agreement (including in any Addendum or Ordering Document). In the event of a delay under this Section 11.2 – Delays Caused by Customer, (a) Customer will continue to pay the Fees as required hereunder, (b) the Parties will agree (in writing) upon a reasonable extension to any applicable performance schedule, and (c) Customer will compensate Motorola for its out-of-pocket costs incurred due to the delay (including those incurred by Motorola’s affiliates, vendors, and subcontractors). 12. Disputes. The Parties will use the following procedure to resolve any disputes relating to or arising out of this Agreement (each, a “Dispute”): 12.1. Governing Law. All matters relating to or arising out of the Agreement are governed by the laws of the State of Illinois, unless Customer is the United States Government (or an agency thereof), in which case all matters relating to or arising out of the Agreement will be governed by the laws of the State in which the Products and Services are provided. The terms of the U.N. Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act will not apply. 12.2. Negotiation; Mediation. Either Party may initiate dispute resolution procedures by sending a notice of Dispute (“Notice of Dispute”) to the other Party. The Parties will attempt to resolve the Dispute promptly through good faith negotiations, including timely escalation of the Dispute to executives who have authority to settle the Dispute (and who are at a higher level of management than the persons with direct responsibility for the matter). If a Dispute is not resolved through negotiation, either Party may initiate mediation by sending a notice of mediation (“Notice of Mediation”) to the other Party. The Parties will choose an independent mediator within thirty (30) days of such Notice of Mediation. Neither Party may unreasonably withhold consent to the selection of a mediator, but if the Parties are unable to agree upon a mediator, either Party may request that the American Arbitration Association nominate a mediator. Each Party will bear its own costs of mediation, but the Parties will share the cost of the mediator equally. Each Party will participate in the mediation in good faith and will be represented at the mediation by a business executive with authority to settle the Dispute. All in person meetings under this Section 12.2 – Negotiation; Mediation will take place in Minneapolis, Minnesota, and all communication relating to the Dispute resolution will be maintained in strict confidence by the Parties. Notwithstanding the foregoing, any Dispute arising from or relating to Motorola’s intellectual property rights will not be subject to negotiation or mediation in accordance with this Section, but instead will be decided by a court of competent jurisdiction, in accordance with Section 12.3 – Litigation, Venue, Jurisdiction below. 12.3. Litigation, Venue, Jurisdiction. If the Dispute has not been resolved by mediation within sixty (60) days from the Notice of Mediation, either Party may submit the Dispute exclusively to a court in Hennepin County, Minnesota. Each Party expressly consents to the exclusive jurisdiction of such courts for resolution of any Dispute and to enforce the outcome of any mediation. 13. General. 13.1. Compliance with Laws. Each Party will comply with applicable laws in connection with the performance of its obligations under this Agreement, including that Customer will ensure its and its Authorized Users’ use of the Products and Services complies with law (including privacy laws), and Customer will obtain any FCC and other licenses or authorizations (including licenses or authorizations required by foreign regulatory bodies) required for its and its Authorized Users’ use of the Products and Services. Motorola may, at its discretion, cease providing or otherwise modify Products and Services (or any terms related thereto in an Addendum or Ordering Document), in order to comply with any changes in applicable law. 13.2. Audit; Monitoring. 14 13.2.1 Motorola will have the right to monitor and audit use of the Products, which may also include access by Motorola to Customer Data and Service Use Data. Customer will provide notice of such monitoring to its Authorized Users and obtain any required consents, including individual end users, and will cooperate with Motorola in any monitoring or audit. Customer will maintain during the Term, and for two (2) years thereafter, accurate records relating to any software licenses granted under this Agreement to verify compliance with this Agreement. Motorola or a third party (“Auditor”) may inspect Customer’s and, as applicable, Authorized Users’ premises, books, and records. Motorola will pay expenses and costs of the Auditor, unless Customer is found to be in violation of the terms of the Agreement, in which case Customer will be responsible for such expenses and costs. 13.2.2 Pursuant to Minnesota Statutes § 16C.05, subd. 5, Motorola agrees that the books, records, documents, and accounting procedures and practices of Motorola, that are relevant to the contract or transaction (collectively, “Records”), are subject to examination by the Customer and the state auditor or legislative auditor for a minimum of six years. Motorola 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. Notwithstanding the foregoing, any auditing of Motorola Records requires thirty (30) days prior written notice and the parties shall arrange for such audit to be at a Motorola facility during normal business hours. In no circumstances will Motorola be required to create or maintain documents not kept in the ordinary course of Motorola business operations, nor will Motorola be required to disclose any information, including but not limited to product cost data, which it considers confidential or proprietary to Motorola. 13.3. Assignment and Subcontracting. Neither Party may assign or otherwise transfer this Agreement without the prior written approval of the other Party. Motorola may assign or otherwise transfer this Agreement or any of its rights or obligations under this Agreement without consent (a) for financing purposes, (b) in connection with a merger, acquisition or sale of all or substantially all of its assets, (c) as part of a corporate reorganization, or (d) to a subsidiary corporation. Subject to the foregoing, this Agreement will be binding upon the Parties and their respective successors and assigns. 13.4. Waiver. A delay or omission by either Party to exercise any right under this Agreement will not be construed to be a waiver of such right. A waiver by either Party of any of the obligations to be performed by the other, or any breach thereof, will not be construed to be a waiver of any succeeding breach or of any other obligation. All waivers must be in writing and signed by the Party waiving its rights. 13.5. Severability. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such provision will be deemed to be modified to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law. The remaining provisions of this Agreement will not be affected, and each such provision will be valid and enforceable to the full extent permitted by applicable law. 13.6. Independent Contractors. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership, or formal business organization of any kind. 15 13.7. Third-Party Beneficiaries. The Agreement is entered into solely between, and may be enforced only by, the Parties. Each Party intends that the Agreement will not benefit, or create any right or cause of action in or on behalf of, any entity other than the Parties. Notwithstanding the foregoing, a licensor or supplier of third-party software included in the software Products will be a direct and intended third-party beneficiary of this Agreement. 13.8. Interpretation. The section headings in this Agreement are included only for convenience The words “including” and “include” will be deemed to be followed by the phrase “without limitation”. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party. 13.9. Notices. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address provided by the other Party by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as FedEx, UPS, or DHL), and will be effective upon receipt. 13.10. Cumulative Remedies. Except as specifically stated in this Agreement, all remedies provided for in this Agreement will be cumulative and in addition to, and not in lieu of, any other remedies available to either Party at law, in equity, by contract, or otherwise. Except as specifically stated in this Agreement, the election by a Party of any remedy provided for in this Agreement or otherwise available to such Party will not preclude such Party from pursuing any other remedies available to such Party at law, in equity, by contract, or otherwise. 13.11. Survival. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 2.4 – Customer Obligations; Section 3.4 – Effect of Termination or Expiration; Section 4 – Payment and Invoicing; Section 6.5 – Warranty Disclaimer; Section 8 – Limitation of Liability; Section 9 – Confidentiality; Section 10 – Proprietary Rights; Data; Feedback; Section 11 – Force Majeure; Delays Caused by Customer; Section 12 – Disputes; and Section 13 – General. 13.12. Data Practices Act Compliance. Any and all data provided to Motorola, received from Motorola, created, collected, received, stored, used, maintained, or disseminated by Motorola 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. Motorola agrees to notify the City within seven (7) business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Motorola 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 13.13. No Discrimination. Motorola agrees not to discriminate in providing the Products or 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. Motorola 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. Motorola agrees to hold harmless and indemnify the Customer from costs, including but not limited to direct damages, reasonable attorneys’ fees, in any action or proceeding brought alleging a violation of these laws by Motorola or its officers, agents, employees, representatives and subcontractors. Upon request, Motorola shall provide a reasonable accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Motorola agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 16 13.14. Entire Agreement. This Agreement, including all Addenda and Ordering Documents, constitutes the entire agreement of the Parties regarding the subject matter hereto, and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple counterparts, and will have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing or by electronic signature. An electronic signature, facsimile copy, or computer image of a signature, will be treated, and will have the same effect as an original signature, and will have the same effect, as an original signed copy of this document. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase order, acknowledgment, or other form will not be considered an amendment or modification or part of this Agreement, even if a representative of each Party signs such document. The Parties hereby enter into this MCA as of the Effective Date. Motorola Solutions, Inc. CITY OF GOLDEN VALLEY By: ______________________________ By: ______________________________ Name: ___________________________ Name: SHEPARD M. HARRIS Title: ____________________________ Title: MAYOR Date: ____________________________ Date: DECEMBER 21, 2021 17 Equipment Purchase and Software License Addendum This Equipment Purchase and Software License Addendum (this “EPSLA”) is entered into between Motorola Solutions, Inc., with offices at 500 W. Monroe Street, Suite 4400, Chicago, IL 60661 (“Motorola”) and the entity set forth in the signature block in the MCA (“Customer”), and will be subject to, and governed by, the terms of the Master Customer Agreement entered into between the Parties (the “MCA”). Capitalized terms used in this EPSLA, but not defined herein, will have the meanings set forth in the MCA. 1. Addendum. This EPSLA governs Customer’s purchase of Equipment and license of Licensed Software (and, if set forth in an Ordering Document, related Services) from Motorola, and will form part of the Parties’ Agreement. 2. Delivery of Equipment and Licensed Software. 2.1. Delivery and Risk of Loss. Motorola will provide to Customer the Products (and, if applicable, related Services) set forth in an Ordering Document, in accordance with the terms of the Agreement. Motorola will, using commercially reasonable practices, pack the ordered Equipment and ship such Equipment to the Customer address set forth in the applicable Ordering Document or otherwise provided by Customer in writing, using a carrier selected by Motorola. Notwithstanding the foregoing, delivery of Equipment (and any incorporated Licensed Software) will occur, and title and risk of loss for the Equipment will pass to Customer, upon shipment by Motorola in accordance with Ex Works, Motorola’s premises (Incoterms 2020). Customer will pay all shipping costs, taxes, and other charges applicable to the shipment and import or export of the Products and Services, as applicable, and Customer will be responsible for reporting the Products for personal property tax purposes. Delivery of Licensed Software for installation on Equipment or Customer-Provided Equipment will occur upon the earlier of (a) electronic delivery of the Licensed Software by Motorola, and (b) the date Motorola otherwise makes the Licensed Software available for download by Customer. If agreed upon in an Ordering Document, Motorola will also provide Services related to such Products. 2.2. Delays. Any shipping dates set forth in an Ordering Document are approximate, and while Motorola will make reasonable efforts to ship Products by any such estimated shipping date, Motorola will not be liable for any delay or related damages to Customer. Time for delivery will not be of the essence, and delays will not constitute grounds for cancellation, penalties, termination, or a refund. 2.3. Beta Services. If Motorola makes any beta version of a software application (“Beta Service”) available to Customer, Customer may choose to use such Beta Service at its own discretion, provided, however, that Customer will use the Beta Service solely for purposes of Customer’s evaluation of such Beta Service, and for no other purpose. Customer acknowledges and agrees that all Beta Services are offered “as-is” and without any representations or warranties or other commitments or protections from Motorola. Motorola will determine the duration of the evaluation period for any Beta Service, in its sole discretion, and Motorola may discontinue any Beta Service at any time. Customer acknowledges that Beta Services, by their nature, have not been fully tested and may contain defects or deficiencies. 3. Licensed Software License and Restrictions. 3.1. Licensed Software License. Subject to Customer’s and its Authorized Users’ compliance with the Agreement (including payment terms), Motorola hereby grants Customer and its Authorized Users a limited, non-transferable, non-sublicenseable, and non-exclusive license to use the Licensed Software identified in an Ordering Document, in object code form only, and the associated Documentation, solely in connection with the Equipment provided by Motorola or authorized 18 Customer-Provided Equipment (as applicable, the “Designated Products”) and solely for Customer’s internal business purposes. Unless otherwise stated in an Addendum or the Ordering Document, the foregoing license grant will be limited to the number of licenses set forth in the applicable Ordering Document and will continue for the life of the applicable Designated Product. Except as otherwise permitted in an applicable Addendum or Ordering Document, Customer may install, access, and use Licensed Software only in Customer’s owned or controlled facilities, including any authorized mobile sites; provided, however, that Authorized Users using authorized mobile or handheld devices may also log into and access the Licensed Software remotely from any location. 3.2. Subscription License Model. If the Parties mutually agree that any Licensed Software purchased under this EPSLA will be replaced with or upgraded to Subscription Software, then upon such time which the Parties execute the applicable Ordering Document, the licenses granted under this EPSLA will automatically terminate, and such Subscription Software will be governed by the terms of the applicable Addendum under this Agreement. 3.3. End User Licenses. Notwithstanding any provision to the contrary in the Agreement, certain Licensed Software is governed by a separate license, EULA, or other agreement, including terms governing third-party equipment or software, such as open source software, included in the Products and Services. Customer will comply, and ensure its Authorized Users comply, with any such additional terms applicable to third-party equipment or software. 3.4. Customer Restrictions. Customers and Authorized Users will comply with the applicable Documentation in connection with their use of the Products. Customer will not and will not allow others, including the Authorized Users, to: (a) make the Licensed Software available for use by unauthorized third parties, including via a commercial rental or sharing arrangement; (b) reverse engineer, disassemble, or reprogram the Licensed Software or any portion thereof to a human- readable form; (c) modify, create derivative works of, or merge the Licensed Software with other software or equipment; (d) copy, reproduce, distribute, lend, lease, or transfer the Licensed Software or Documentation for or to any third party without the prior express written permission of Motorola; (e) take any action that would cause the Licensed Software or Documentation to be placed in the public domain; (f) use the Licensed Software to compete with Motorola; or (g) remove, alter, or obscure, any copyright or other notice. 3.5. Copies. Customer may make one (1) copy of the Licensed Software solely for archival, back- up, or disaster recovery purposes during the term of the applicable Licensed Software license. Customer may make as many copies of the Documentation reasonably required for the internal use of the Licensed Software during such Licensed Software’s license term. Unless otherwise authorized by Motorola in writing, Customer will not, and will not enable or allow any third party to: (a) install a licensed copy of the Licensed Software on more than one (1) unit of a Designated Product; or (b) copy onto or transfer Licensed Software installed in a unit of a Designated Product onto another device. Customer may temporarily transfer Licensed Software installed on a Designated Product to another device if the Designated Product is inoperable or malfunctioning, if Customer provides written notice to Motorola of the temporary transfer and identifies the device on which the Licensed is transferred. Temporary transfer of the Licensed Software to another device must be discontinued when the original Designated Product is returned to operation and the Licensed Software must be removed from the other device. Customer must provide prompt written notice to Motorola at the time temporary transfer is discontinued. 3.6. Resale of Equipment. Equipment contains embedded Licensed Software. If Customer desires to sell its used Equipment to a third party, Customer must first receive prior written authorization from Motorola and obtain written acceptance of the applicable Licensed Software license terms, including the obligation to pay relevant license fees, from such third party. 19 4. Term. 4.1. Term. The term of this EPSLA (the “EPSLA Term”) will commence upon either (a) the Effective Date of the MCA, if this EPSLA is attached to the MCA as of such Effective Date, or (b) the EPSLA Date set forth on the signature page below, if this EPSLA is executed after the MCA Effective Date, and will continue until the later of (i) three (3) years after the first order for Products is placed via an Ordering Document, or (ii) the expiration of all applicable warranty periods (as set forth in Section 6.1 – Motorola Warranties below) under this EPSLA, unless this EPSLA or the Agreement is earlier terminated in accordance with the terms of the Agreement. 4.2. Termination. Notwithstanding the termination provisions of the MCA, Motorola may terminate this EPSLA (and any Ordering Documents hereunder) immediately upon notice to Customer if Customer breaches Section 3 – Licensed Software License and Restrictions of this EPSLA, or any other provision related to Licensed Software license scope or restrictions set forth in an Ordering Document, EULA, or other applicable Addendum. For clarity, upon termination or expiration of the EPSLA Term, all Motorola obligations under this EPSLA (including with respect to Equipment and Licensed Software delivered hereunder) will terminate. If Customer desires to purchase additional Services in connection with such Equipment or Licensed Software, Customer may enter into a separate Addendum with Motorola, governing such Services. Customer acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Licensed Software and Documentation, and that Customer’s breach of the Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Licensee breaches this Agreement, in addition to termination, Motorola will be entitled to all available remedies at law or in equity, including immediate injunctive relief and repossession of all non-embedded Licensed Software and associated Documentation. 4.3. Equipment as a Service. In the event that Customer purchases any Equipment at a price below the MSRP for such Equipment in connection Customer entering into a fixed- or minimum required-term agreement for Subscription Software, and Customer or Motorola terminates the Agreement, this EPSLA, or other applicable Addendum (such as the Addendum governing the purchase of such Subscription Software) prior to the expiration of such fixed- or minimum required- term, then Motorola will have the right to invoice Customer for, and Customer will pay, the amount of the discount to the MSRP for the Equipment or such other amount set forth in the applicable Addendum or Ordering Document. This Section will not limit any other remedies Motorola may have with respect to an early termination. 5. Payment. Customer will pay invoices for the Products and Services provided under this EPSLA in accordance with the invoice payment terms set forth in the MCA. Generally, invoices are issued after shipment of Equipment or upon Motorola’s delivery of Licensed Software (in accordance with Section 2.1 – Delivery and Risk of Loss), as applicable, but if a specific invoicing or payment schedule is set forth in the applicable Ordering Document, EULA or other Addendum, such schedule will control with respect to the applicable Products and Services referenced therein. Motorola will have the right to suspend future deliveries of Products and Services if Customer fails to make any payments when due. 6. Representations and Warranties; Liability. 6.1. Motorola Warranties. Subject to the disclaimers and exclusions set forth in the MCA and this EPSLA, (a) for a period of one (1) year commencing upon the delivery of Motorola-manufactured Equipment under Section 2.1 – Delivery and Risk of Loss, Motorola represents and warrants that such Motorola-manufactured Equipment, under normal use, will be free from material defects in materials and workmanship; (b) to the extent permitted by the providers of third-party software or hardware included in the Products and Services, Motorola will pass through to Customer any 20 warranties provided by such third parties, which warranties will apply for the period defined by the applicable third party; and (c) for a period of ninety (90) days commencing upon the delivery of Motorola-owned Licensed Software under Section 2.1 – Delivery and Risk of Loss, Motorola represents and warrants that such Licensed Software, when used in accordance with the Documentation and the Agreement, will be free from reproducible defects that prevent operation of features critical to the primary functionality or successful operation of the Motorola-developed Licensed Software (as determined by Motorola). The warranty set forth in subsection (c) will be referred to as the “Motorola Licensed Software Warranty”. As Customer’s sole and exclusive remedy for any breach of the Motorola Licensed Software Warranty, Motorola will use commercially reasonable efforts to remedy the material defect in the applicable Licensed Software; provided, however, that if Motorola does not remedy such material defect within a reasonable time, then at Motorola’s sole option, Motorola will either replace the defective Licensed Software with functionally- equivalent software, provide substitute software to Customer, or terminate the applicable software license and refund any paid license fees to Customer on a pro-rata basis. For clarity, the Motorola Licensed Software Warranty applies only to the most current version of the Licensed Software issued by Motorola, and issuance of updated versions of any Licensed Software does not result in a renewal or extension of the Motorola Licensed Software Warranty beyond the ninety (90) day warranty period. 6.2. ADDITIONAL EXCLUSIONS. IN ADDITION TO THE EXCLUSIONS FROM DAMAGES SET FORTH IN THE MCA, AND NOTWITHSTANDING ANY PROVISION OF THE AGREEMENT TO THE CONTRARY, MOTOROLA WILL HAVE NO LIABILITY FOR (A) DEFECTS IN OR DAMAGE TO PRODUCTS RESULTING FROM USE OTHER THAN IN THE NORMAL AUTHORIZED MANNER, OR FROM ACCIDENT, LIQUIDS, OR NEGLECT; (B) TESTING, MAINTENANCE, REPAIR, INSTALLATION, OR MODIFICATION BY PARTIES OTHER THAN MOTOROLA; (C) CUSTOMER’S OR ANY AUTHORIZED USER’S FAILURE TO COMPLY WITH INDUSTRY AND OSHA OR OTHER LEGAL STANDARDS; (D) DAMAGE TO RADIO ANTENNAS, UNLESS CAUSED BY DEFECTS IN MATERIAL OR WORKMANSHIP; (E) EQUIPMENT WITH NO SERIAL NUMBER; (F) BATTERIES OR CONSUMABLES; (G) FREIGHT COSTS FOR SHIPMENT TO REPAIR DEPOTS; (H) COSMETIC DAMAGE THAT DOES NOT AFFECT OPERATION; (I) NORMAL WEAR AND TEAR; (J) ISSUES OR OBSOLESCENCE OF LICENSED SOFTWARE DUE TO CHANGES IN CUSTOMER OR AUTHORIZED USER REQUIREMENTS, EQUIPMENT, OR SYSTEMS; (K) TRACKING AND LOCATION-BASED SERVICES; OR (L) BETA SERVICES. 6.3. Voluntary Remedies. Motorola is not obligated to remedy, repair, replace, or refund the purchase price for the disclaimed or excluded issues in the MCA or Section 6.2 – Additional Exclusions above, but if Motorola agrees to provide Services to help resolve such issues, Customer will reimburse Motorola for its reasonable time and expenses, including by paying Motorola any Fees set forth in an Ordering Document for such Services, if applicable. 7. Copyright Notices. The existence of a copyright notice on any Licensed Software will not be construed as an admission or presumption of publication of the Licensed Software or public disclosure of any trade secrets associated with the Licensed Software. 8. Survival. The following provisions will survive the expiration or termination of this EPSLA for any reason: Section 3 – Licensed Software License and Restrictions; Section 4 – Term; Section 5 – Payment; Section 6.2 – Additional Exclusions; Section 8 – Survival. 21 Subscription Software Addendum This Subscription Software Addendum (this “SSA”) is entered into between Motorola Solutions, Inc., with offices at 500 W. Monroe Street, Suite 4400, Chicago, IL 60661 (“Motorola”) and the entity set forth in the signature block in the MCA (“Customer”), and will be subject to, and governed by, the terms of the Master Customer Agreement entered into between the Parties (the “MCA”). Capitalized terms used in this SSA, but not defined herein, will have the meanings set forth in the MCA. 1. Addendum. This SSA governs Customer’s purchase of Subscription Software (and, if set forth in an Ordering Document, related Services) from Motorola, and will form part of the Parties’ Agreement. Additional Subscription Software-specific Addenda or other terms and conditions may apply to certain Subscription Software, where such terms are provided or presented to Customer. 2. Delivery of Subscription Software. 2.1. Delivery. During the applicable Subscription Term (as defined below), Motorola will provide to Customer the Subscription Software set forth in an Ordering Document, in accordance with the terms of the Agreement. Motorola will provide Customer advance notice (which may be provided electronically) of any planned downtime. Delivery will occur upon Customer’s receipt of credentials required for access to the Subscription Software or upon Motorola otherwise providing access to the Subscription Software. If agreed upon in an Ordering Document, Motorola will also provide Services related to such Subscription Software. 2.2. Modifications. In addition to other rights to modify the Products and Services set forth in the MCA, Motorola may modify the Subscription Software, any associated recurring Services and any related systems so long as their functionality (as described in the applicable Ordering Document) is not materially degraded. Documentation for the Subscription Software may be updated to reflect such modifications. For clarity, new features or enhancements that are added to any Subscription Software may be subject to additional Fees. 2.3. User Credentials. If applicable, Motorola will provide Customer with administrative user credentials for the Subscription Software, and Customer will ensure such administrative user credentials are accessed and used only by Customer’s employees with training on their proper use. Customer will protect, and will cause its Authorized Users to protect, the confidentiality and security of all user credentials, including any administrative user credentials, and maintain user credential validity, including by updating passwords. Customer will be liable for any use of the Subscription Software through such user credential (including through any administrative user credentials), including any changes made to the Subscription Software or issues or user impact arising therefrom. To the extent Motorola provides Services to Customer in order to help resolve issues resulting from changes made to the Subscription Software through user credentials, including through any administrative user credentials, or issues otherwise created by Authorized Users, such Services will be billed to Customer on a time and materials basis, and Customer will pay all invoices in accordance with the payment terms of the MCA. 2.4. Beta Services. If Motorola makes any beta version of a software application (“Beta Service”) available to Customer, Customer may choose to use such Beta Service at its own discretion, provided, however, that Customer will use the Beta Service solely for purposes of Customer’s evaluation of such Beta Service, and for no other purpose. Customer acknowledges and agrees that all Beta Services are offered “as-is” and without any representations or warranties or other commitments or protections from Motorola. Motorola will determine the duration of the evaluation period for any Beta Service, in its sole discretion, and Motorola may discontinue any Beta Service at any time. Customer acknowledges that Beta Services, by their nature, have not been fully tested and may contain defects or deficiencies. 22 3. Subscription Software License and Restrictions. 3.1. Subscription Software License. Subject to Customer’s and its Authorized Users’ compliance with the Agreement, including payment terms, Motorola hereby grants Customer and its Authorized Users a limited, non-transferable, non-sublicenseable, and non-exclusive license to use the Subscription Software identified in an Ordering Document, and the associated Documentation, solely for Customer’s internal business purposes. The foregoing license grant will be limited to use in the territory and to the number of licenses set forth in an Ordering Document (if applicable), and will continue for the applicable Subscription Term. Customer may access, and use the Subscription Software only in Customer’s owned or controlled facilities, including any authorized mobile sites; provided, however, that Authorized Users using authorized mobile or handheld devices may also log into and access the Subscription Software remotely from any location. No custom development work will be performed under this Addendum. 3.2. End User Licenses. Notwithstanding any provision to the contrary in the Agreement, certain Subscription Software is governed by a separate license, EULA, or other agreement, including terms governing third-party software, such as open source software, included in the Subscription Software. Customer will comply, and ensure its Authorized Users comply, with such additional license agreements. 3.3. Customer Restrictions. Customers and Authorized Users will comply with the applicable Documentation and the copyright laws of the United States and all other relevant jurisdictions (including the copyright laws where Customer uses the Subscription Software) in connection with their use of the Subscription Software. Customer will not, and will not allow others including the Authorized Users, to make the Subscription Software available for use by unauthorized third parties, including via a commercial rental or sharing arrangement; reverse engineer, disassemble, or reprogram software used to provide the Subscription Software or any portion thereof to a human- readable form; modify, create derivative works of, or merge the Subscription Software or software used to provide the Subscription Software with other software; copy, reproduce, distribute, lend, or lease the Subscription Software or Documentation for or to any third party; take any action that would cause the Subscription Software, software used to provide the Subscription Software, or Documentation to be placed in the public domain; use the Subscription Software to compete with Motorola; remove, alter, or obscure, any copyright or other notice; share user credentials (including among Authorized Users); use the Subscription Software to store or transmit malicious code; or attempt to gain unauthorized access to the Subscription Software or its related systems or networks. 4. Term. 4.1. Subscription Terms. The duration of Customer’s subscription to the first Subscription Software and any associated recurring Services ordered under this SSA (or the first Subscription Software or recurring Service, if multiple are ordered at once) will commence upon delivery of such Subscription Software (and recurring Services, if applicable) and will continue for a twelve (12) month period or such longer period identified in an Ordering Document (the “Initial Subscription Period”). Following the Initial Subscription Period, Customer’s subscription to the Subscription Software and any recurring Services will automatically renew for additional twelve (12) month periods (each, a “Renewal Subscription Year”), unless either Party notifies the other Party of its intent not to renew at least thirty (30) days before the conclusion of the then-current Subscription Term. (The Initial Subscription Period and each Renewal Subscription Year will each be referred to herein as a “Subscription Term”.) Motorola may increase Fees prior to any Renewal Subscription Year. In such case, Motorola will notify Customer of such proposed increase no later than thirty (30) days prior to commencement of such Renewal Subscription Year. Unless otherwise specified in the applicable Ordering Document, if Customer orders any additional Subscription Software or recurring Services under this SSA during an in-process Subscription Term, the subscription for each new Subscription 23 Software or recurring Service will (a) commence upon delivery of such Subscription Software or recurring Service, and continue until the conclusion of Customer’s then-current Subscription Term (a “Partial Subscription Year”), and (b) automatically renew for Renewal Subscription Years thereafter, unless either Party notifies the other Party of its intent not to renew at least thirty (30) days before the conclusion of the then-current Subscription Term. Thus, unless otherwise specified in the applicable Ordering Document, the Subscription Terms for all Subscription Software and recurring Services hereunder will be synchronized. 4.2. Term. The term of this SSA (the “SSA Term ”) will commence upon either (a) the Effective Date of the MCA, if this SSA is attached to the MCA as of such Effective Date, or (b) the SSA Date set forth on the signature page below, if this SSA is executed after the MCA Effective Date, and will continue until the expiration or termination of all Subscription Terms under this SSA, unless this SSA or the Agreement is earlier terminated in accordance with the terms of the Agreement. 4.3. Termination. Notwithstanding the termination provisions of the MCA, Motorola may terminate this SSA (or any Addendum or Ordering Documents hereunder), or suspend delivery of Subscription Software or Services, immediately upon notice to Customer if (a) Customer breaches Section 3 – Subscription Software License and Restrictions of this SSA, or any other provision related to Subscription Software license scope or restrictions set forth in an Addendum or Ordering Document, or (b) it determines that Customer’s use of the Subscription Software poses, or may pose, a security or other risk or adverse impact to any Subscription Software, Motorola, Motorola’s systems, or any third party (including other Motorola customers). Customer acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Subscription Software and Documentation, and that Customer’s breach of the Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Customer breaches this Agreement, in addition to termination, Motorola will be entitled to all available remedies at law or in equity (including immediate injunctive relief). 4.4. Wind Down of Subscription Software. In addition to the termination rights in the MCA, Motorola may terminate any Ordering Document and Subscription Term, in whole or in part, in the event Motorola plans to cease offering the applicable Subscription Software or Service to customers. 5. Payment. 5.1. Payment. Unless otherwise provided in an Ordering Document (and notwithstanding the provisions of the MCA), Customer will prepay an annual subscription Fee set forth in an Ordering Document for each Subscription Software and associated recurring Service, before the commencement of each Subscription Term. For any Partial Subscription Year, the applicable annual subscription Fee will be prorated based on the number of months in the Partial Subscription Year. The annual subscription Fee for Subscription Software and associated recurring Services may include certain one-time Fees, such as start-up fees, license fees, or other fees set forth in an Ordering Document. Motorola will have the right to suspend the Subscription Software and any recurring Services if Customer fails to make any payments when due. 5.2. License True-Up. Motorola will have the right to conduct an audit of total user licenses credentialed by Customer for any Subscription Software during a Subscription Term, and Customer will cooperate with such audit. If Motorola determines that Customer’s usage of the Subscription Software during the applicable Subscription Term exceeded the total number of licenses purchased by Customer, Motorola may invoice Customer for the additional licenses used by Customer, pro- rated for each additional license from the date such license was activated, and Customer will pay such invoice in accordance with the payment terms in the MCA. 24 6. Liability. 6.1. ADDITIONAL EXCLUSIONS. IN ADDITION TO THE EXCLUSIONS FROM DAMAGES SET FORTH IN THE MCA, AND NOTWITHSTANDING ANY PROVISION OF THE AGREEMENT TO THE CONTRARY, MOTOROLA WILL HAVE NO LIABILITY FOR (A) INTERRUPTION OR FAILURE OF CONNECTIVITY, VULNERABILITIES, OR SECURITY EVENTS; (B) DISRUPTION OF OR DAMAGE TO CUSTOMER’S OR THIRD PARTIES’ SYSTEMS, EQUIPMENT, OR DATA, INCLUDING DENIAL OF ACCESS TO USERS, OR SHUTDOWN OF SYSTEMS CAUSED BY INTRUSION DETECTION SOFTWARE OR HARDWARE; (C) AVAILABILITY OR ACCURACY OF ANY DATA AVAILABLE THROUGH THE SUBSCRIPTION SOFTWARE OR SERVICES, OR INTERPRETATION, USE, OR MISUSE THEREOF; (D) TRACKING AND LOCATION-BASED SERVICES; OR (E) BETA SERVICES. 6.2. Voluntary Remedies. Motorola is not obligated to remedy, repair, replace, or refund the purchase price for the disclaimed or excluded issues in the MCA or Section 6.1 – Additional Exclusions above, but if Motorola agrees to provide Services to help resolve such issues, Customer will reimburse Motorola for its reasonable time and expenses, including by paying Motorola any Fees set forth in an Ordering Document for such Services, if applicable. 7. Motorola as a Controller or Joint Controller. In all instances where Motorola acts as a controller of data, it will comply with the applicable provisions of the Motorola Privacy Statement at https://www.motorolasolutions.com/en_us/about/privacy-policy.html#privacystatement, as may be updated from time to time. Motorola holds all Customer Contact Data as a controller and shall Process such Customer Contact Data in accordance with the Motorola Privacy Statement. In instances where Motorola is acting as a joint controller with Customer, the Parties will enter into a separate Addendum to the Agreement to allocate the respective roles as joint controllers. 8. Survival. The following provisions will survive the expiration or termination of this SSA for any reason: Section 4 – Term; Section 5 – Payment; Section 6.1 – Additional Exclusions; Section 8 – Survival. 25 Video as a Service Addendum This Video as a Service Addendum (this “VSA”) is entered into between Motorola Solutions, Inc., with offices at 500 W. Monroe Street, Suite 4400, Chicago, IL 60661 (“Motorola”) and the entity set forth in the signature in the MCA (“Customer”), and will be subject to, and governed by, the terms of the Master Customer Agreement entered into between the Parties (the “MCA”), and the applicable Addenda. Capitalized terms used in this VSA, but not defined herein, will have the meanings set forth in the MCA or the applicable Addenda. 1. Addendum. This VSA governs Customer’s participation in Motorola’s Video-as-a-Service Program (“VaaS Program”). In addition to the MCA, other Addenda may be applicable to Products offered as part of the VaaS Program, including the Subscription Software Addendum (“SSA”), with respect to Subscription Software, and the Equipment Purchase and Software License Addendum (“EPSLA”), with respect to Licensed Software and Equipment, as each of those terms are defined therein, and as further described below. This VSA will control with respect to conflicting terms in the MCA or any other applicable Addendum, but only as applicable to the Products purchased under this VSA and not with respect to other Products or Services. 2. Equipment. All hardware provided by Motorola to Customer under the VaaS Program will be considered “Equipment”, as defined in the EPSLA, and constitutes a purchase of such Equipment subject to the terms of the EPSLA. Additionally, the following terms and conditions apply to any Equipment purchased under the VaaS Program: 2.1. Technology Refresh. All body cameras and associated batteries purchased under the VaaS Program (“Body Cameras”) are eligible for a one-time replacement at no additional cost to the Customer during the three (3) year period following the date of delivery of the initial Body Cameras and associated batteries provided under the VaaS Program. In order to receive any replacement Body Camera applicable under this Section 2.1.1 – Technology Refresh, Customer must return the existing Body Camera to Motorola in working condition. The corresponding replacement Body Camera will be the then-current model of the Body Camera at the same tier as the Body Camera that is returned to Motorola. For clarity, any other Equipment received by Customer as part of the VaaS Program, other than Body Cameras, will not be eligible for a technology refresh hereunder. 2.2. No-Fault Warranty. Subject to the disclaimers set forth in the MCA and EPSLA, upon delivery of any Equipment purchased as part of the VaaS Program, Motorola will provide a No- fault Warranty to Customer for such Equipment that extends until the end of the Commitment Term (as defined below) applicable to such Equipment; except that the No-fault Warranty will not apply to (i) any Equipment with intentionally altered or removed serial numbers. (ii) any other damages disclaimed under the MCA or EPSLA, or (iii) any Equipment that Motorola determines was changed, modified, or repaired by Customer or any third party. The “No-fault Warranty” means that Motorola will repair or replace any Equipment components or parts that render the applicable Equipment unable to perform its intended purpose. With respect to any batteries in Body Cameras, a battery will be considered faulty and covered under this No-fault Warranty if it falls below sixty percent (60%) of rated capacity. 2.3. Commitment Term. Customer accepts that following the delivery of any Equipment under the VaaS Program, Customer commits to a five (5) year subscription term for such Equipment at the rate provided in the Ordering Document (the “Initial Commitment Term”). If Customer, for any reason, terminates any of its obligations to Motorola prior to expiration of the applicable Commitment Term (as defined below), Customer will be subject to the payments described in Section 4.3. – Termination hereunder. 26 2.4. Additional Devices. Any additional Equipment, including any accessory items, ordered by Customer after Customers’ initial purchase of Equipment hereunder may be subject to an incremental increase in Fees. In the event Customer orders additional Equipment under the VaaS Program within the ninety (90) days immediately following its initial purchase, such Equipment will be included in and subject to the Initial Commitment Term. Any additional Equipment purchased under the VaaS Program subsequent to such ninety- (90) day period, will commence an additional subscription term commitment for such Equipment of five (5) years (a “Subsequent Commitment Term”) with respect to the monthly Fee associated with such additional Equipment. For purposes of this Addendum, the Initial Commitment Term and each Subsequent Commitment Term are each also referred to herein as a “Commitment Term”. 3. Subscription Software. 3.1. EvidenceLibrary.com. Subject to Section 4.1 – VaaS Term, the VaaS Program provides Customer with a subscription to EvidenceLibrary.com Evidence Management System (“ELC”) during the VSA Term (as defined below), the use of which is subject to the SSA. Customer’s subscription will include unlimited users, Unlimited Storage (as defined below) and unlimited sharing, provided any media or data uploaded to ELC is done so using Motorola Equipment actively enrolled in the VaaS Program. Following expiration of the applicable Commitment Term, if Customer desires to continue use of expired Equipment with ELC, Customer must purchase additional access to ELC based on Motorola’s prevailing rates, or Motorola may disconnect connectivity of any expired Equipment to ELC. 3.2. Unlimited Storage. The storage available to Customer in ELC under the VaaS Program (“Unlimited Storage”) is as follows: (a) a one- (1) year storage period for non- evidentiary recordings; and (b) a ten- (10) year storage period for evidentiary recordings; provided, however, that storage is only available for video recordings that are recorded in an event-based setting where users are not recording an entire shift under one video footage. For the purpose of this section, “evidentiary recordings” refers to data having relevance to a legal trial or regulatory hearing. 3.3. CommandCentral. For each Body Camera, in-car system or integrated system purchased, Customer will receive one user license Motorola CommandCentral, which provides access to CC Community, CC Capture, CC Vault and CC Records. If the Customer requires additional licenses to CommandCentral they must be purchased for an additional fee. 3.4. Applicable End User Terms. Additional license terms apply to third-party software included in CommandCentral Products. Specifically, Customer agrees that the ESRI terms and conditions available at ESRI Terms and Conditions and the Microsoft terms and conditions available at Microsoft Terms and Conditions apply to Customer’s, and its Authorized Users’, use of such Products. Customer will comply, and ensure its Authorized Users comply, with all such additional license terms. 3.5. In-Car System. If Customer’s VaaS Program order includes an in-car system, Customer will receive a subscription to WatchGuard CarDetector Mobile during the VSA Term, the use of which is subject to the SSA. 3.6. Vigilant Access. Customer may opt for subscription to additional Subscription Software, including use of the Law Enforcement Archival Network (“LEARN”), which is subject to the SSA and any additional terms governing the use of LEARN. If Customer purchases a subscription to commercial license plate recognition data, then Customer will execute and agree to the terms of Motorola’s standard IDP Agreement. 27 3.7. License Plate Recognition Data. License plate recognition (“LPR”) data collected by Customer is considered Customer Data (as defined in the MCA) and is therefore subject to the Customer’s own retention policy. Customer, at its option, may share its LPR data with other similarly situated Law Enforcement Agencies (“LEAs”) which contract with Vigilant to access LEARN by selecting this option within LEARN. Other similarly situated LEAs may similarly opt to share their LPR data with Customer using LEARN. Such LPR data generated by other LEAs is considered Third-Party Data (as defined in the MCA), is governed by the retention policy of the respective LEA, and shall be used by Customer only in connection with its use of LEARN. LPR data that has reached its expiration date will be deleted from LEARN. Only individuals who are agents and/or sworn officers of Customer and who are authorized by Customer to access LEARN on behalf of Customer through login credentials provided by Customer (“User Eligibility Requirements”) may access LEARN. Vigilant in its sole discretion may deny access to LEARN to any individual based on such person’s failure to meet the User Eligibility Requirements. Customer will ensure no user logins are provided to agents or officers of other local, state, or Federal LEAs without the express written consent of Vigilant. Customer will be responsible for all individuals’ access to, and use of, LEARN through use of Customer login credentials, including ensuring their compliance with this Agreement. 3.8. Support of Downloaded Clients. If Customer purchases any software Product that requires a client installed locally on Customer-Provided Equipment or Equipment in possession of Customer, Customer will be responsible for downloading and installing the current version of such client, as it may be updated from time to time. Motorola will use reasonable efforts to continue supporting any version of a client for forty-five (45) days following its release, but Motorola may update the current version of its client at any time, including for bug fixes, product improvements, and feature updates, and Motorola makes no representations or warranties that any software Product will support prior versions of a client. 3.9. CJIS Security Policy. Motorola agrees to support Customer’s obligation to comply with the Federal Bureau of Investigation Criminal Justice Information Services (“CJIS”) Security Policy and will comply with the terms of the CJIS Security Addendum for the term of the Addendum or Ordering Document for the applicable Product. Customer hereby consents to Motorola screened personnel serving as the “escort” within the meaning of CJIS Security Policy for unscreened Motorola personnel that require access to unencrypted Criminal Justice Information for purposes of Product support and development. 4. System Completion. All Subscription Software sold at initial purchase under the VaaS Program will be deemed completed upon Customer’s (or the applicable Authorized User’s) Beneficial Use of ELC (the “System Completion Date”). Customer will not unreasonably delay Beneficial Use of ELC, and in any event, the Parties agree that Beneficial Use of ELC will be deemed to have occurred thirty (30) days after functional demonstration. As used in this Section, “Beneficial Use” means use by the customer or at least one (1) Authorized User of the material features and functionalities of a Product within a Software System, in material conformance with Product descriptions in the applicable Ordering Document. Any additional Subscription Software purchased under the VaaS Program will be deemed delivered upon Customer’s receipt of credentials required for access to the Subscription Software or upon Motorola otherwise providing access to the Subscription Software. This Section applies to Products purchased as part of the VaaS Program notwithstanding the delivery provisions of the Addendum applicable to such Products, such as the SSA or EPSLA, and this Section will control over such other delivery provisions to the extent of a conflict. 5. Payment. Unless otherwise provided in an Ordering Document (and notwithstanding the provisions of the MCA), Customer will prepay a subscription Fee quarterly (each a “Subscription 28 Quarter”), as set forth in an Ordering Document. If Customer orders any additional Product(s) under the VaaS Program subsequent to the initial purchase by Customer, Fees for such additional Product will be added to the quarterly subscription Fee, and will be payable on the same Fee payment schedule as the initial Product purchased under the VaaS Program; provided, however, that for the first Subscription Quarter during which such additional Product is purchased, the subscription Fee for the applicable additional Product will be pro-rated based on the applicable number of days remaining in the such initial Subscription Quarter. 6. Term and Termination. 6.1. VaaS Term. Customer’s participation in the VaaS Program will commence upon the System Completion Date under this VSA, and will continue through the end of the final Commitment Term hereunder. Following the end of any Commitment Term, Customer’s access to ELC with respect to the Equipment purchased relative to that Commitment Term will expire, and Customer must download or transfer all Customer Data associated with the applicable Equipment within thirty (30) days following expiration unless Customer purchases extended access to ELC from Motorola at the prevailing rates. Motorola has no obligation to retain Customer data for expired Equipment beyond thirty (30) days following expiration of the applicable Commitment Term. For example, if Customer purchases 100 devices on January 1 of Year 1 of the VSA Term, and then 100 additional devices on January 1 of Year 3, on December 31 of Year 5 (i.e., the conclusion of the Initial Commitment Term), Customer’s access to ELC with respect to the first 100 devices will be discontinued, and Customer must purchase extended storage or transfer all Customer Data associated with the first 100 devices within thirty (30) days of expiration of the Initial Commitment Term. In the foregoing example, ELC access and data storage for the second 100 devices purchase will extend until December 31 of Year 7. 6.2. Term. The term of this VSA (the “VSA Term ”) will commence upon either (a) the Effective Date of the MCA, if this VSA is attached to the MCA as of such Effective Date, or (b) the VSA Date set forth on the signature page below, if this SSA is executed after the MCA Effective Date, and will continue until the expiration or termination of the last Commitment Term, unless this VSA or the Agreement is earlier terminated in accordance with the terms of the Agreement. 6.3. Termination. The termination provisions applicable to the VaaS Program will be those set forth in the MCA, EPSLA and SSA, as applicable. If Customer’s participation in the VaaS Program is terminated for any reason prior to the end of the Initial Commitment Term or any Subsequent Commitment Term, Customer will pay the pro-rated remainder of the aggregate Equipment MSRP price, calculated by multiplying the MSRP price of all Equipment purchased under the VaaS Program by the percentage resulting from dividing the number of months remaining in the Commitment Term applicable to such Equipment by sixty (60). In the event Customer purchased Equipment on multiple dates, resulting in separate Commitment Terms for certain Equipment, the preceding calculation will be made relative to the applicable Commitment Term for each Equipment order. For example, if Customer purchased $1,000 worth of Equipment on January 1 of Year 1 of the VSA Term, and then $1,000 worth of Equipment on January 1 of Year 2, and then Customer’s VaaS Program terminates on December 31 of Year 3, Customer will be required to repay: $1,000 x (24/60) + $1,000 x (36/60), which is equal to $1,000 in the aggregate. 7. DEMS Additional Terms. Use of and access to ELC will be subject to the additional terms and conditions set forth in the DEMS Exhibit attached hereto and incorporated herein. 8. Survival. The following provisions will survive the expiration or termination of this VSA for any reason: Section 3 – Payment; Section 4 – Term and Termination; Section 6 – Survival. 1 DEMS EXHIBIT EVIDENCELIBRARY.COM The following DEMS Exhibit (the “Exhibit”) is an Exhibit to the VSA and sets forth the terms relating to Customer’s use of ELC. If any term in this Exhibit conflicts with a term in the main body of the VSA or any other part of the Agreement, this Exhibit will control with respect to ELC 1. DATA STORAGE. Motorola will determine, in its sole discretion, the location of the stored content for ELC, provided that all content for North American Customers will reside within North America and all content for U.S. government Customers will reside within the United States. 2. DATA RETRIEVAL. ELC will leverage different types of storage to optimize ELC, as determined in Motorola’s sole discretion. For multimedia data, such as videos, pictures, audio files, Motorola will, in its sole discretion, determine the type of storage medium used to store the content. The type of storage and medium selected by Motorola will determine the data retrieval speed. Access to content in archival storage may take up to eight (8) hours to be viewable. 3. API SUPPORT. Motorola will use commercially reasonable efforts to maintain the Application Programming Interface (“API ”) offered as part of ELC during the term of this Addendum. APIs will evolve and mature over time, requiring changes and updates. Previous versions of APIs will be supported for a minimum of six (6) months after a new version of the applicable API is introduced. If support of the API is no longer a commercially reasonable option, Motorola will provide reasonable advance notice to Customer. If an API presents a security risk to ELC or any other Product or Services, Motorola has the right to discontinue an API without prior warning. 4. SERVICE LEVEL TARGETS. MSI will use reasonable efforts to provide monthly availability of the ELC of 99.9%, with the exception of maintenance windows. There are many factors beyond Motorola’s control that may impact Motorola’s ability to achieve this goal, including but not limited to a force majeure event. Additionally, Motorola will strive to meet the response time goals set forth in the table below. RESPONSE TIME GOALS SEVERITY LEVEL DEFINITION RESPONSE TIME 1 Total System Failure - occurs when the System is not functioning and there is no workaround; such as a Central Server is down or when the workflow of an entire agency is not functioning. This level is meant to represent a major issue that results in an unusable System, Subsystem, Product, or critical features. No work around or immediate solution is available. Telephone conference within 1 Hour of initial voice notification 2 2 Critical Failure - Critical process failure occurs when a crucial element in the System that does not prohibit continuance of basic operations is not functioning and there is usually no suitable work-around. Note that this may not be applicable to intermittent problems. This level is meant to represent a moderate issue that limits a Customer’s normal use of the System, Subsystem, Product or major non-critical features. Telephone conference within 3 Business Hours of initial voice notification during normal business hours 3 Non-Critical Failure - Non-Critical part or component failure occurs when a System component is not functioning, but the System is still useable for its intended purpose, or there is a reasonable workaround. This level is meant to represent a minor issue that does not preclude use of the System, Subsystem, Product, or critical features. Telephone conference within 6 Business Hours of initial notification during normal business hours 4 Inconvenience - An inconvenience occurs when System causes a minor disruption in the way tasks are performed but does not stop workflow. This level is meant to represent very minor issues, such as cosmetic issues, documentation errors, general usage questions, and product or System Update requests. Telephone conference within 2 Standard Business Days of initial notification 5. MAINTENANCE. Scheduled maintenance of ELC will be performed periodically. Motorola will make commercially reasonable efforts to notify Customer a week in advance. Unscheduled and emergency maintenance may be required from time to time. Motorola will make commercially reasonable efforts to notify Customer of unscheduled or emergency maintenance twenty-four (24) hours in advance. 6. WI-FI NETWORK REQUIREMENTS. 6.1 If any of the below items apply, additional Fees may apply: ● Customer's internet is through county/city IT, strict firewall policies, not able to install software on PC's; ● Customer requires multiple upload locations through different internet Motorolas at each site; ● Customer has slow internet (<20MBps or higher for 4k video upload); ● Customer doesn't have Wi-Fi; ● Customer doesn't use Google Chrome or uses Google Chrome but has conflicting Chrome extensions; ● Customer requires multiple upload locations; ● Customer has multicast disabled on their wireless network; ● Customer wants to utilize MAC address filtering. 6.2 The following conditions are not supported: ● Wi-Fi AP's do not support 802.11AC; ● Customer AP does not support DNS-SD, and/or the Apple Bonjour suite. 3 FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES SECURITY ADDENDUM The goal of this document is to augment the CJIS Security Policy to ensure adequate security is provided for criminal justice systems while (1) under the control or management of a private entity or (2) connectivity to FBI CJIS Systems has been provided to a private entity (contractor). Adequate security is defined in Office of Management and Budget Circular A-130 as “security commensurate with the risk and magnitude of harm resulting from the loss, misuse, or unauthorized access to or modification of information.” The intent of this Security Addendum is to require that the Contractor maintain a security program consistent with federal and state laws, regulations, and standards (including the CJIS Security Policy in effect when the contract is executed), as well as with policies and standards established by the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB). This Security Addendum identifies the duties and responsibilities with respect to the installation and maintenance of adequate internal controls within the contractual relationship so that the security and integrity of the FBI's information resources are not compromised. The security program shall include consideration of personnel security, site security, system security, and data security, and technical security. The provisions of this Security Addendum apply to all personnel, systems, networks and support facilities supporting and/or acting on behalf of the government agency. 1.00 Definitions 1.01 Contracting Government Agency (CGA) - the government agency, whether a Criminal Justice Agency or a Noncriminal Justice Agency, which enters into an agreement with a private contractor subject to this Security Addendum. 1.02 Contractor - a private business, organization or individual which has entered into an agreement for the administration of criminal justice with a Criminal Justice Agency or a Noncriminal Justice Agency. 2.00 Responsibilities of the Contracting Government Agency. 2.01 The CGA will ensure that each Contractor employee receives a copy of the Security Addendum and the CJIS Security Policy and executes an acknowledgment of such receipt and the contents of the Security Addendum. The signed acknowledgments shall remain in the possession of the CGA and available for audit purposes. The acknowledgement may be signed by hand or via digital signature (see glossary for definition of digital signature). 3.00 Responsibilities of the Contractor. 3.01 The Contractor will maintain a security program consistent with federal and state laws, regulations, and standards (including the CJIS Security Policy in effect when the contract is executed and all subsequent versions), as well as with policies and standards established by the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB). 4.00 Security Violations. 4.01 The CGA must report security violations to the CJIS Systems Officer (CSO) and the Director, FBI, along with indications of actions taken by the CGA and Contractor. 4 4.02 Security violations can justify termination of the appended agreement. 4.03 Upon notification, the FBI reserves the right to: a. Investigate or decline to investigate any report of unauthorized use; b. Suspend or terminate access and services, including telecommunications links. The FBI will provide the CSO with timely written notice of the suspension. Access and services will be reinstated only after satisfactory assurances have been provided to the FBI by the CGA and Contractor. Upon termination, the Contractor's records containing CHRI must be deleted or returned to the CGA. 5.00 Audit 5.01 The FBI is authorized to perform a final audit of the Contractor's systems after termination of the Security Addendum. 6.00 Scope and Authority 6.01 This Security Addendum does not confer, grant, or authorize any rights, privileges, or obligations on any persons other than the Contractor, CGA, CJA (where applicable), CSA, and FBI. 6.02 The following documents are incorporated by reference and made part of this agreement: (1) the Security Addendum; (2) the NCIC 2000 Operating Manual; (3) the CJIS Security Policy; and (4) Title 28, Code of Federal Regulations, Part 20. The parties are also subject to applicable federal and state laws and regulations. 6.03 The terms set forth in this document do not constitute the sole understanding by and between the parties hereto; rather they augment the provisions of the CJIS Security Policy to provide a minimum basis for the security of the system and contained information and it is understood that there may be terms and conditions of the appended Agreement which impose more stringent requirements upon the Contractor. 6.04 This Security Addendum may only be modified by the FBI, and may not be modified by the parties to the appended Agreement without the consent of the FBI. 6.05 All notices and correspondence shall be forwarded by First Class mail to: Information Security Officer Criminal Justice Information Services Division, FBI 1000 Custer Hollow Road Clarksburg, West Virginia 26306 FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES SECURITY ADDENDUM The goal of this document is to augment the CJIS Security Policy to ensure adequate security is provided for criminal justice systems while (1) under the control or management of a private entity or (2) connectivity to FBI CJIS Systems has been provided to a private entity (contractor). Adequate security is defined in Office of Management and Budget Circular A-130 as “security commensurate with the risk and magnitude of harm resulting from the loss, misuse, or unauthorized access to or modification of information.” The intent of this Security Addendum is to require that the Contractor maintain a security program consistent with federal and state laws, regulations, and standards (including the CJIS Security Policy in effect when the contract is executed), as well as with policies and standards established by the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB). This Security Addendum identifies the duties and responsibilities with respect to the installation and maintenance of adequate internal controls within the contractual relationship so that the security and integrity of the FBI's information resources are not compromised. The security program shall include consideration of personnel security, site security, system security, and data security, and technical security. The provisions of this Security Addendum apply to all personnel, systems, networks and support facilities supporting and/or acting on behalf of the government agency. Definitions 1.01 Contracting Government Agency (CGA) - the government agency, whether a Criminal Justice Agency or a Noncriminal Justice Agency, which enters into an agreement with a private contractor subject to this Security Addendum. 1.02 Contractor - a private business, organization or individual which has entered into an agreement for the administration of criminal justice with a Criminal Justice Agency or a Noncriminal Justice Agency. 2.00 Responsibilities of the Contracting Government Agency 2.01 The CGA will ensure that each Contractor employee receives a copy of the Security Addendum and the CJIS Security Policy and executes an acknowledgment of such receipt and the contents of the Security Addendum. The signed acknowledgments shall remain in the possession of the CGA and available for audit purposes. The acknowledgement may be signed by hand or via digital signature (see glossary for definition of digital signature). 3.00 Responsibilities of the Contractor 3.01 The Contractor will maintain a security program consistent with federal and state laws, regulations, and standards (including the CJIS Security Policy in effect when the contract is executed and all subsequent versions), as well as with policies and standards established by the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB). FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES SECURITY ADDENDUM 4.00 Security Violations 4.01 The CGA must report security violations to the CJIS Systems Officer (CSO) and the Director, FBI, along with indications of actions taken by the CGA and Contractor. 4.02 Security violations can justify termination of the appended agreement. 4.03 Upon notification, the FBI reserves the right to: a. Investigate or decline to investigate any report of unauthorized use; b. Suspend or terminate access and services, including telecommunications links. The FBI will provide the CSO with timely written notice of the suspension. Access and services will be reinstated only after satisfactory assurances have been provided to the FBI by the CJA and Contractor. Upon termination, the Contractor's records containing CHRI must be deleted or returned to the CGA. 5.00 Audit 5.01 The FBI is authorized to perform a final audit of the Contractor's systems after termination of the Security Addendum. 6.00 Scope and Authority 6.01 This Security Addendum does not confer, grant, or authorize any rights, privileges, or obligations on any persons other than the Contractor, CGA, CJA (where applicable), CSA, and FBI. 6.02 The following documents are incorporated by reference and made part of this agreement: (1) the Security Addendum; (2) the NCIC Operating Manual; (3) the CJIS Security Policy; and (4) Title 28, Code of Federal Regulations, Part 20. The parties are also subject to applicable federal and state laws and regulations. 6.03 The terms set forth in this document do not constitute the sole understanding by and between the parties hereto; rather they augment the provisions of the CJIS Security Policy to provide a minimum basis for the security of the system and contained information and it is understood that there may be terms and conditions of the appended Agreement which impose more stringent requirements upon the Contractor. 6.04 This Security Addendum may only be modified by the FBI, and may not be modified by the parties to the appended Agreement without the consent of the FBI. 6.05 All notices and correspondence shall be forwarded by First Class mail to: Assistant Director Criminal Justice Information Services Division, FBI 1000 Custer Hollow Road Clarksburg, West Virginia 26306 FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES SECURITY ADDENDUM CERTIFICATION I hereby certify that I am familiar with the contents of (1) the Security Addendum, including its legal authority and purpose; (2) the NCIC Operating Manual; (3) the CJIS Security Policy; and (4) Title 28, Code of Federal Regulations, Part 20, and agree to be bound by their provisions. I recognize that criminal history record information and related data, by its very nature, is sensitive and has potential for great harm if misused. I acknowledge that access to criminal history record information and related data is therefore limited to the purpose(s) for which a government agency has entered into the contract incorporating this Security Addendum. I understand that misuse of the system by, among other things: accessing it without authorization; accessing it by exceeding authorization; accessing it for an improper purpose; using, disseminating or re-disseminating information received as a result of this contract for a purpose other than that envisioned by the contract, may subject me to administrative and criminal penalties. I understand that accessing the system for an appropriate purpose and then using, disseminating or re- disseminating the information received for another purpose other than execution of the contract also constitutes misuse. I further understand that the occurrence of misuse does not depend upon whether or not I receive additional compensation for such authorized activity. Such exposure for misuse includes, but is not limited to, suspension or loss of employment and prosecution for state and federal crimes. Printed Name/Signature of Contractor Employee Date Printed Name/Signature of Contractor Representative Date Organization and Title of Contractor Representative Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. D. 8. Approve Purchase of 14 Portable Computers for Squad Cars Prepared By David Kuhnly, Police Commander Randy Mahlen, Sergeant Scott Nadeau, Chief of Police Summary The current Patrol PC tablets were purchased in 2017 and have reached end of life. Increased repair and maintenance occur as the computers age. New technology requires current hardware. Police Department staff in collaboration with staff from IT completed trials of two separate systems: Patrol PC M2 tablets and Getac A140 tablets. Staff found that the Getac A140 best meets the needs of the Police Department and IT staff deploying and maintaining the equipment. All new equipment works well together and will lower maintenance on each item. The computer replacements are in the 2021-2030 CIP (V&E-020) for $50,000. Staff received three competitive quotes and recommends moving forward with the low bid from Guardian Fleet Safety at $63,144.62. Quotes: Guardian Fleet Safety $63,144.62 Preferred Communications $63,686.98 CDW-G $69,489.00 Financial or Budget Considerations Vehicles and Equipment CIP (V&E-020) includes $50,000 for replacement of portable computers. The need for 14 has come from additional need for vehicles in the police department for CSOs and CROs activity. The overage will come from fund balance. Recommended Action Motion to approve the quote from Guardian Fleet Safety for 14 computers for $63,144. City Council Regular Meeting Executive Summary City of Golden Valley December 21, 2021 2 Supporting Documents • Guardian Fleet Safety Quote (1 page) • Preferred Communications Quote (1 pages) • CDW-G Quote (2 pages) Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. D. 9. Approve Professional Services Agreement with Bolton and Menk, Inc. for Glenwood Avenue Watermain Rehabilitation Project No. 21-06 Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, PE, Assistant City Engineer Summary In the winter of 2020, Glenwood Avenue, or County State Aid Highway (CSAH) 40 saw an all time high in watermain breaks between Jersey Avenue and King Creek Road. This segment of watermain has seen an increase in watermain breaks recently, with twelve occurring in the last three years, and two as recently as November of 2021. Staff allocated funds in the Capital Improvement Program to rehabilitate this section of pipe in 2022. A trenchless rehabilitation method is preferred to reduce impacts to Glenwood Avenue as well as adjacent neighborhoods and property owners. It is also anticipated that a trenchless rehabilitation method is the most cost-effective solution for this problem. Staff solicited requests for proposals (RFPs) from over 30 local engineering firm for the Glenwood Avenue Watermain Rehabilitation Project in early fall of 2021. Four proposals were received and each applicant was interviewed by City Physical Development, Public Works, and Equity and Inclusion staff. All staff included in the interview process agreed that Bolton and Menk had the most experience in trenchless technology and similar projects, and had the most thorough communication plan to coordinate with residents and traffic affected by the project. Therefore, staff recommended Bolton and Menk for design and construction services on this project. The exact project schedule will be determined through the design process; however the anticipated schedule is outlined below: Project Design Winter/Spring 2022 Open House May 2022 Bid Project May 2022 Begin Construction June 2022 Complete Construction October 2022 City Council Regular Meeting Executive Summary City of Golden Valley December 21, 2021 2 Financial Or budget Considerations The total cost for Bolton and Menk, Inc. to provide design and construction services for the Glenwood Avenue Watermain Rehabilitation Project is $149,907. Anticipated funding for these services in included in the 2022 Water and Sanitary Sewer CIP Program (W&SS-109) in the amount of $1,500,000. Recommended Actions  Motion to authorize the Mayor and City Manager to execute a professional services agreement with Bolton and Menk, Incorporated in the form approved by the City Attorney for design and construction services on the Glenwood Avenue Watermain Rehabilitation Project, for an amount not to exceed $149,907. Support Documents  Location map (1 page)  Professional Services Agreement dated October 27, 2021 (27 pages) 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made this 21st day of December, 2021 (“Effective Date”) by and between Bolton & Menk a Minnesota company with its principal office at 2638 Shadow Lane, Suite #200, Chaska, Minnesota 55318-1172 (“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 concept plan development services for the Glenwood Avenue Watermain Rehabilitation Project #21-06. C. Consultant represents that it has the professional expertise and capabilities to provide the City with the requested professional services. D. The City desires to engage Consultant to provide the services described in this Agreement and Consultant is willing to provide such services on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and Consultant agree as follows: AGREEMENT 1. Services. Consultant agrees to provide the City with professional consulting services as described in the attached Exhibit A (the “Services”). Exhibit A shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. 2. Time for Completion. The Services shall be completed on or before December 31, 2022 provided that the parties may extend the stated deadline upon mutual written agreement. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Consultant for the Services on an hourly basis according to Consultant’s fee schedule, attached hereto as Exhibit B. Consultant’s total compensation for the Services shall not exceed $149,907. The consideration shall be for both the Services performed by Consultant and the expenses incurred by Consultant in performing the Services. The City shall make progress payments to Consultant on a monthly basis. Consultant shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Consultant during the relevant billing period. The City shall pay Consultant within thirty (30) days after Consultant’s statements are submitted. 4. Expense Reimbursement. Consultant shall not be compensated separately for necessary incidental expenses. All expenses of Consultant shall be built into Consultant’s hourly compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 2 5. Approvals. Consultant shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Services. The City’s approval may be provided via electronic mail. 6. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Consultant’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Consultant for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 7. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 8. Remedies. In the event of a termination of this Agreement by the City because of a breach by Consultant, the City may complete the Services either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Consultant’s breach. 9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that the books, records, documents, and accounting procedures and practices of Consultant, that are relevant to 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 attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Consultant’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Consultant, or arising out of Consultant’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation of liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 3 11. Insurance. Consultant shall maintain reasonable insurance coverage throughout this Agreement. Consultant agrees that before any work related to the approved project can be performed, Consultant shall maintain at a minimum: 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 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 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: 1. All Owned Automobiles 2. All Non-Owned Automobiles 3. All Hired Automobiles Umbrella Liability 1. $10,000,000 Each Claim $10,000,000 Annual Aggregate 2. The Umbrella Liability provides excess limits for the Commercial General Liability, Employers’ Liability, and Commercial Automobile Liability policies. Professional and Pollution Incident Liability Professional Liability insurance including Pollution Incident Liability coverage with limits of not less than $5,000,000 Per Claim/ $5,000,000 Annual Aggregate. Consultant shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days written notice is provided to the City, or 10 days written notice in the case of non-payment. 12. Subcontracting. 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 written consent of the other except to the extent that the effect of this limitation 4 may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Consultant from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this Agreement. Any instrument in violation of this provision is null and void. 13. Assignment. Neither the City nor Consultant shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. 14. 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. 15. 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. 16. 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. 17. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 18. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this 5 Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 19. 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. 20. 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. 21. Agreement Not Exclusive. The City retains the right to hire other professional service providers for this or other matters, in the City’s sole discretion. 22. Data Practices Act Compliance. Any and all data provided to 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. 23. No Discrimination. Consultant agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Consultant agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Consultant agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Consultant shall provide accommodation to allow individuals with disabilities to participate in all Services under this Agreement. Consultant agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 6 24. 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 Mitch Hoeft, PE, or designee who shall perform or supervise the performance of all Services. 25. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONSULTANT THE CITY Bolton & Menk City of Golden Valley 2638 Shadow Lane, Suite #200 ATTN: Jeff Oliver Chaska, MN 55318-1172 7800 Golden Valley Road Golden Valley, MN 55437 joliver@goldenbvalleymn.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 prime contractor’s receipt of payment from the municipality 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 prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorneys’ fees, incurred in bringing the action. 29. Publicity. At the City’s request, the City and Consultant shall develop language to use when discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Consultant shall not use the City’s logo or state that the City endorses its services without the City’s advanced written approval. 30. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 7 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. CITY OF GOLDEN VALLEY: BOLTON & MENK: By: _________________________________ Name: ______________________________ Title: _______________________________ By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager 8 EXHIBIT A SCOPE OF SERVICES 2638 Shadow Lane | Suite 200 | Chaska, MN 55318-1172 Ph: (952) 448-8838 | Bolton-Menk.com Contact: Mitch Hoeft, PE Trenchless Pipeline Rehabilitation Group Manager 952-358-1845 Mitch.Hoeft@bolton-menk.com October 27, 2021 Proposal for Public Improvement Project 21-06 Glenwood Avenue Watermain Rehabilitation Photo Courtesy of Aegion® Companies 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: (952) 448-8838 Bolton-Menk.com Bolton & Menk is an equal opportunity employer. October 27, 2021 Jeff Oliver, City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 RE: Proposal for Public Improvement Project 21-06: Glenwood Avenue Watermain Rehabilitation Dear Mr. Oliver: The City of Golden Valley has initiated the Glenwood Avenue Watermain Rehabilitation project to re-line the watermain on Glenwood Avenue and restore the structural integrity of the outdated cast iron watermain piping that provides essential service within the city. Like you, Bolton & Menk, Inc. takes great pride in designing and managing projects that are safe, sustainable, and functional. Our approach to engineering services makes Golden Valley’s priorities our priorities. We understand what needs to be accomplished for the successful completion of the Glenwood Avenue Watermain Rehabilitation project. We Know Golden Valley – Mitch Hoeft and Eric Seaburg have the combined experience necessary to ensure all project elements are completed to the city’s standards. A combined almost 14 years of experience working for the City of Golden Valley gives our two key team members unique insight about the residents and community dynamic as a whole needed to succeed on this project. A Consultant with Technical Experience – Our team is well-equipped to tackle the technical aspects of this project. Mitch’s experience with pressure-related potable liners is second-to-none and will be monumental in the success of this project, allowing the city to feel comfortable knowing their interests are always protected. Having not only the consultant design experience, but also experience working for the largest pipe lining contractor in the world, Mitch is uniquely qualified to design and oversee the construction of these repairs to ensure the city receives a project of the caliber it deserves. A Consultant Who Offers an Array of Services – The Glenwood Avenue Watermain Rehabilitation project requires an assortment of engineering-related services. Our network of specialty services will help you avoid having to manage a cornucopia of consultants. We can provide the services you need—from surveying to municipal/trenchless utility design to GIS mapping to construction management. We have the expertise Golden Valley needs to create a functional, sustainable, and cost-effective watermain rehabilitation project for your community. In continued service to the City of Golden Valley, we are excited at the opportunity to complete the Glenwood Avenue Watermain Rehabilitation project. I will personally serve as your lead client contact and project manager. Please contact me at 952-358-1845 or Mitch.Hoeft@bolton-menk.com if you have any questions regarding our proposal. Respectfully submitted, Bolton & Menk, Inc. Mitch Hoeft, PE Trenchless Pipeline Rehabilitation Group Manager This proposal is valid for 120 days after the proposal due date of October 27, 2021. TABLE OFCONTENTS Key Staff 3 Statement of Qualifications 5 References 7 Project Plan 10 Timeline/Schedule 11 Deviations from RFP 12 Cost Proposal 13 Diversity, Equity, and Inclusion Assessment 15 Photo Courtesy of Aegion® Companies Glenwood Avenue Watermain Rehabilitation | City of Golden Valley, Minnesota Key Staff 3 KEY STAFF Bolton & Menk understands the importance of developing design solutions that can be supported by stakeholders and implemented efficiently. We have provided a brief background and description of key individual roles. These individuals have track records of successful projects and, just as importantly, are enthusiastic and committed to meeting and exceeding your expectations. We can provide detailed résumés of all personnel upon request. ERIC SEABURG, PE Client Service Manager As client service manager, Eric will serve as one of the city’s points of contact on the project. Eric will attend key meetings and will ensure that Bolton & Menk provides deliverables that meet city standards. He will drive the project schedule and ensure that all of the city’s needs are met during design and construction. As a resident and past employee of Golden Valley, Eric knows the city well and will ensure you are satisfied with the entire scope of Bolton & Menk’s services on the project. Working as a team with our clients to solve difficult problems is what drives Eric in his role as a project engineer. Eric began his engineering career in 2009. He ushers projects through conception, CIP budgeting, design, construction, and long-term maintenance. He is experienced with project management, schedule and budget management, construction management, right-of- way acquisition and management, utility coordination and permitting, state aid procedures and reporting, multi- agency coordination, asset management, and as-built drawing development. His prior experience working for a municipality helps him relate to our clients and deliver projects that meet their expectations. MITCH HOEFT, PE Principal-in-Charge and Project Manager Mitch will be the city’s project manager for this project and will be heavily involved in the technical aspects of this project. He will lead his design team to create work plans and specifications to ensure a well-designed project is developed for competitive bidding. During construction, Mitch will work with staff to ensure they are equipped to thoroughly inspect the trenchless installation, ensuring the city is delivered a successful and long-lasting piping solution for years to come. Mitch is a principal engineer who began his engineering career in 2008 with the City of Golden Valley. During his years there, Mitch represented the city on the Joint Water Commission (JWC) with partner cities Crystal and New Hope. Mitch developed expertise with a variety of watermain replacement techniques, including trenchless strategies for unique situations. Mitch specializes in trenchless utility rehabilitation and municipal engineering services. Mitch is also involved in various organizations throughout the Upper Midwest and strives to establish connections within all aspects of public works. Connecting people and services is what drew Mitch to engineering, and he believes each project is unique and works to address each need in a way that is cost-effective, politically acceptable, and minimally intrusive. JENNIFER SOLSETH, PE Design Engineer Jennifer will be responsible for the day-to-day design services on the project. She will work with our surveying and GIS team to ensure that the plans are put together accurately to show the proposed work and work on the development of the project specifications. Jennifer will work closely with Mitch to ensure the final design deliverables are well designed, protect the city’s interests, and support an aggressive competitive bidding environment for all bidders. Jennifer is a project engineer for Bolton & Menk, beginning her career in 2012. As a project engineer, she is primarily involved in the various aspects of the design and construction process for municipal and site development projects. Her responsibilities include assisting in the preparation of preliminary engineering reports, developing design and construction plans using AutoCAD Civil 3D, and preparing bid documents and specifications. Jennifer is involved in construction related activities, including construction management, field observation, field computation, construction documentation, conducting construction meetings, construction staking, coordinating materials and compaction testing, and serving as a resident project representative. Some of her primary functions serving as resident project representative include coordinating with the project manager, adjacent property owners, contractor, and client, as well as documenting construction activities. Mitch is our CIPP lining expert. He has experience with approximately 2,000,000 feet of CIPP lining throughout his career. Glenwood Avenue Watermain Rehabilitation | City of Golden Valley, Minnesota 4Key Staff MIRANDA ETIENNE, PE Construction Services Lead As construction services lead, Miranda will work with Mitch to lead the construction efforts on site. She has extensive experience managing construction projects to ensure their successful delivery of roadway and utility related improvements. Her experience inspecting CIPP related project work allows her to understand the importance of maintaining trenchless processes on-site to reduce unnecessary project risks. Miranda is attentive to detail and works hard to ensure a tidy and effective construction site. Miranda is a project engineer for Bolton & Menk beginning her career in 2017. She is responsible for preparing preliminary engineering reports, preliminary and final design, and developing construction plans. She also assists with design calculations and cost estimates. Miranda is proficient in AutoCAD Civil 3D and Storm & Sanitary Analysis (SSA). In addition to her design knowledge, Miranda has gained valuable experience in the field on projects ranging from new residential developments to full reconstructions with utility replacement, as well as mill and overlay and reclamation projects. Support Staff A regional CIPP expert, Bolton & Menk has staff certified with the reputable National Association of Sewer Service Companies (NASSCO): Inspection Training Certification Program • CIPP (13 staff members) • Manhole Rehabilitation (8 staff members) Assessment Certificate Program • Laterals (7 staff members) • Manholes (7 staff members) • Pipelines (7 staff members) Courtney Maul, Bolton & Menk Clerical Braun Intertec Materials Testing Subconsultant David Korme, Bolton & Menk Survey Technician Ron Alwin, PLS, Bolton & Menk Survey Manager Patty Day, Stardust Communications Communication Subconsultant Marcell Walker, Bolton & Menk Community Outreach Liaison Kaskaskia Engineering Group, LLC, Private Utility Coordination Subconsultant DBE DBE More information about our DBE efforts can be found on page 15 Statement of Qualifications 5 Bolton & Menk’s expertise in trenchless (gravity/ pressure) pipeline rehabilitation and construction practices expands the possibilities utility owners have when taking on aging underground infrastructure maintenance challenges. Our experience with a variety of trenchless technologies, along with open cut alternatives, will help you optimize solutions to your underground utility problems that are cost effective, environmentally sustainable, and politically acceptable. The Benefits • Experience coupled with current knowledge allows us to customize technologies specific to your rehabilitation or replacement needs • Practical and constructible solutions lead to reduced overall construction costs • Construction plans and specifications that match appropriate trenchless methods to the project at hand reduce the risk for both owner and contractor • A properly engineered and constructed trenchless pipeline project minimizes construction impacts and is typically more acceptable to affected residents and businesses Why Bolton & Menk? Bolton & Menk strives to provide cutting-edge technology to its clients. We do not take a one- size-fits-all approach to our trenchless engineering practices; we look at all options available to the owner. Understanding product advantages and limitations helps optimize product and installation processes to deliver cost-effective solutions to a client’s needs. In some cases, implementing the correct product and construction method can save an owner as much as 50 percent in construction costs compared to typical trenchless installations. Glenwood Avenue Watermain Rehabilitation | City of Golden Valley, Minnesota STATEMENT OF QUALIFICATIONS Photo Courtesy of Aegion® Companies Glenwood Avenue Watermain Rehabilitation | City of Golden Valley, Minnesota Statement of Qualifications 6 Trenchless Services We offer trenchless expertise in • CIPP (Cured-in-Place-Pipe) • HDD (Horizontal Directional Drilling) • Sliplining • Tight Fitting HDPE Sliplining/Swagelining • Pipe Bursting • SIPP (Spray-in-Place-Pipe) • CFRP (Carbon Fiber Reinforced Pipe) • Tunneling • Pipe Jacking • Horizontal Auger Boring • Pipe Ramming • Manhole Rehabilitation • Geotechnical Baseline Reports • Tunnel Rehabilitation Services Bolton & Menk has extensive experience in trenchless pipe construction with various methods, through various soil and ground water conditions, including cased borings, directional drilling, CIPP, pipe bursting, and slip lining for both gravity pipe and pressure pipe systems ranging in size from 2-inch diameter to 96-inch diameter. We have extensive experience in access structure rehabilitation methods including replacement, “form and pour” concrete liners, spray on concrete and resin type liners, exterior pressure grouting, PVC and HDPE liner installation, etc. Our vast experience in trenchless construction methods includes numerous projects for various clients that cross or are located adjacent to, or beneath rivers, lakes, streams, DNR protected waters, local streets, county and state highways, railroads, bridges, retaining walls, etc. In serving more than 300 communities throughout Minnesota, Bolton & Menk has successfully completed well over 250 miles of trenchless construction in the past 10 years for our clients. List of Private Golden Valley Projects We are currently under contract with the City for Project #21-26, Vertical Leveling (Survey Benchmarks). Aside from this project, we have not performed any other public or private work within the city over the last two years. However, we have performed extensive work for the neighboring cities of Minneapolis, St. Louis Park, Plymouth, Crystal, and Minnetonka over the last two years. It should also be noted that our trenchless technologies team recently completed laser scanning and modeling of the JWC Water Reservoir located on Skyline Drive for the City of Golden Valley. That work was completed at no cost to the city and was used to train Bolton & Menk staff regarding new equipment purchases for our group. We are appreciative of Golden Valley staff for letting us inside their reservoir and hope that the city finds future use in the final project deliverables provided. of pipe We’ve RehabilitatedMILLION FEET5.5 Glenwood Avenue Watermain Rehabilitation | City of Golden Valley, Minnesota References REFERENCES We have provided samples of recent projects with similar tasks and challenges to the Glenwood Avenue Watermain Rehabilitation project. Client satisfaction through quality deliverables, cost-effective rates, and timely project delivery are top priorities for Bolton & Menk. Please contact the following references to evaluate our performance on similar projects. Additional references are available upon request. Twelve Oaks Center Drive and Parkers Lake Road Improvements City of Minnetonka, Minnesota (2019-2020) Twelve Oaks Center Drive and Parkers Lake Road were on the City of Minnetonka’s five-year CIP. Both roads are bordered by a large wetland, resulting in the need for alternative design considerations and additional permitting. The water main located in the rear green space of several commercial properties with limited access had a high break history, making replacement very difficult and highly disruptive using traditional construction practices. Bolton & Menk was able to use alternative construction methods such as full- depth reclamation, 2,166 LF of 6-12-inch water main lining, and 2,750 LF of 8-24-inch sanitary sewer lining to avoid the complications of working around the wetland complex. We also used water main lining to limit the impacts of water main construction in the break prone areas in green space of the commercial properties. Our design fit the proposed trail on Parkers Lake Road in the existing road corridor, eliminating the need for additional stormwater treatment. This ultimately saved the city extra cost and limited construction impacts. Hopkins Crossroad/TH 7 Watermain Improvements City of Hopkins, Minnesota (2021) The City of Hopkins has a 16-inch watermain that leaves their water treatment plant and supplies water to their community. Understanding the critical nature of this watermain for their system, the city hired Bolton & Menk to perform Echologics testing of the existing watermain to determine effective pipe wall loss. Over time, corrosive soils and contaminants in the water system eat their way through existing piping. When the pipe wall gets too thin, watermain breaks will follow. Understanding the consequences of this type of break, funding was allocated in the city’s capital improvement plan to address these issues. Recently, Bolton & Menk was again hired by the City of Hopkins to investigate and design potential solutions for the replacement or rehabilitation of the existing 16-inch watermain. Open cut replacement, horizontal directional drilling (HDD), cured-in-place-pipe lining (CIPP), and pipe bursting were analyzed to evaluate cost of replacement and impacts to project stakeholders living near the project area during construction. Upon completion of the feasibility study, it was recommended to replace the watermain using a combination of 3,100 LF of 8-16-inch HDD and 2,700 LF of 16-inch pressure rated CIPP. Being flexible with pipe rehabilitation products and methods allowed the city to make these critical pipe repairs without taxing the city’s budget and political capital with their residents. This project will go a long way in ensuring a stable water system for the community for years to come. 7 Reference: Will Manchester wmanchester@minnetonkamn.gov Public Works Director 11522 Minnetonka Blvd. Minnetonka, MN 55305 Reference: Nate Stanley nstanley@hopkinsmn.com City Engineer 1010 1st Street S. Hopkins, MN 55343 "[Bolton & Menk's] knowledge of trenchless methods allowed our community to deliver a project under budget with limited impacts to project stakeholders by utilizing a variety of trenchless construction methods. Throughout the design process, the attention to detail and ability to meet our unique needs exceeded expectations at every step." - Eric Klingbeil, PE, LEED-P, City Engineer, City of Hopkins "Bolton & Menk provided the expertise the city needed to help evaluate the best method for our project as well as through design and construction to make certain the lining project was successful." - Will Manchester, City of Minnetonka 8References Glenwood Avenue Watermain Rehabilitation | City of Golden Valley, Minnesota US Army Corps of Engineers – Lower St. Anthony Falls Watermain Repair City of Minneapolis, Minnesota (2016) During his time at Insituform, Mitch Hoeft was retained by the Army Corps of Engineers (St. Paul, MN) to investigate and rehabilitate 580 LF of 8-inch watermain that runs underneath the south bank of the Mississippi River near the I-35W bridge. The existing watermain was compromised when a slope failure occurred along the riverbank and damaged the existing watermain and roadway. Due to limited right-of-way and the current location of the watermain (along and in some cases under the Mississippi River), trenchless rehabilitation was needed to complete the repair in a timely manner so that the roadway could be repaired and opened back up. During his time on the project Mitch was able to help the Army Corps televise the existing watermain to determine the exact extent of damage caused by the soil failure. This location was then shored and excavated to provide access for the CIPP lining of the watermain that would commence soon after. Watermain lining gave the project team the ability to navigate existing pipe bends under the river and successfully reline this leg of critical watermain in an emergency situation. The city and Army Corps were appreciative of the timely response in identifying and solving the piping issues in this tough project location. 4th Street Watermain Replacement City of Duluth, Minnesota (2015) During his time at Insituform, Mitch Hoeft worked with the City of Duluth to design, bid, and construct 790 LF of 24- inch watermain lining along 4th Street (between 13th Avenue E and 15th Avenue E). The use of trenchless technologies, mainly CIPP, was essential in this project's success due to current traffic demands of the roadway as well as the impacts associated with Chester Creek running through the project area. In using CIPP watermain lining, the city was able to keep the roadway open throughout the duration of construction with minimal traffic control needs. The use of the CIPP application also allowed the city to structurally rehabilitate the existing 24” watermain that runs under Chester Creek without excavation or other intrusive methods. Excavation and replacement of this pipeline would have incurred significant cost while working within the limits of Chester Creek. The project is viewed a huge success in the community due to its ability to provide a cost-effective pipe replacement solution while minimally impacting the residents of Duluth during construction. Reference: Justin Rose Contract Administrator US Army Corps of Engineers St. Paul, MN 55101 Reference: Cindy Voight cvoigt@duluthmn.gov City Engineer 411 West First St Duluth, MN 55802 Photo Courtesy of Aegion® Companies 9References Glenwood Avenue Watermain Rehabilitation | City of Golden Valley, Minnesota Boone Ave, Legend Drive, & Brunswick Ave Watermain Rehabilitation City of Golden Valley, Minnesota (2009-2014) During his time at Golden Valley, Mitch helped the city lead its previous watermain lining projects. These projects involved approximately 2,000 LF of potable watermain lining on Boone Avenue North, 1,300 LF of watermain lining on Legend Drive/Lane and 1,000 LF of watermain lining on Brunswick Avenue North. Each project area had a long history of localized watermain breaks caused by corrosive soils. Acidic soils in these project areas attacked the watermain and weakened the pipe over time. Once the pipe wall became too thin, watermain breaks became very common, initiating the need for repair. Mitch’s strong relationships with the contracting community allowed the city to achieve a timely repair of these watermain systems during an emergency situation. His attention to detail and ability to work through various stages of this work allowed him to work with Golden Valley residents and business to understand the work that was being performed around their property and to adjust to meet the needs of the project. Each project provided a timely repair that did not negatively impact those working or living around the construction sites and were well received by the community. Reference: Jeff Oliver JOliver@goldenvalleymn.gov City Engineer 7800 Golden Valley Road Golden Valley, MN 55427 We approach every client, location, and project as unique and let collaboration lead us to the right solution. Photo Courtesy of Aegion® Companies Glenwood Avenue Watermain Rehabilitation | City of Golden Valley, Minnesota Project Plan 10 PROJECT PLAN Project Feasibility Memorandum Under this task, project staff will become familiar with the overall scope of work and general needs for this project. Time is provided for staff to review existing watermain record drawings and break information needed to become extremely familiar with the project site and overall constraints of the project. Once an understanding of the base conditions is known, Bolton & Menk staff can begin the process of analyzing various trenchless replacement and rehabilitation options for the successful installation of a new water system along Glenwood Avenue. Horizontal Directional Drilling (HDD), Pipe Bursting, Spray in Place Pipe (SIPP), and pressure rated cured-in-place-pipe (CIPP) will be considered in addition to potential areas of open cut replacement. An emphasis will be placed on the method that is not only most cost effective, but also one that minimizes impacts to the residents living and working along the project corridor as well as excavations to the Hennpin County roadway. Lastly, a technical memorandum of our findings and recommended rehabilitation approach with costs will be presented to city staff for concurrence prior to initiating final design. Surveying, GPS Data Collection, and Processing Once the feasibility report is completed and a plan is in place to rehabilitate/replace the existing watermain, Bolton & Menk will enter the data collection phase of the project. Under this task, Bolton & Menk will use a modified topographic survey approach to complete this work in the most cost-effective way. By using the city’s robust GIS system as the basis for our project related mapping needs, we anticipate only partial topographic survey needs on the project. With an understanding of trenchless pit locations, we anticipate only providing detailed topographic survey data collection (and field measurements) at these locations needed to facilitate safe excavations and access to the pipeline being repaired. As most trenchless rehabilitation methods involve working from within the existing pipeline, full topographic survey is likely not warranted, freeing up important capital dollars for the construction of these improvements. It should be noted that time has also been provided to verify the accuracy of the city’s GIS data and to collect existing data points of private utility locations and/or important surface features that will be imperative to the construction needs of this project. Final Design – Plans and Specification Creation/Bidding In order to competitively bid a project of this caliber, final construction plans and specifications need to be created that show the extent of the work and identify rules when working on the project site. Bolton & Menk will use our CADD and GIS drafting software to create project plans needed to show key details of construction on the project. Bolton & Menk will also provide project related specifications accounting for the most up to date advancements in the trenchless field. Specifications will be created to set design and project constraints to ensure that the city’s financial and long-term replacement needs are being met. During this phase, time has been allocated for permitting activities. It is anticipated that permits will be required by Hennepin County, the Minnesota Department of Health, and the Minnesota Pollution Control Agency for work on this project. Permitting activities will be initiated prior to final design so that the contractor can commence on the project as quickly as warranted after the award of the project. We understand that timely repair of this pipeline is an important factor for the city. Glenwood Avenue Watermain Rehabilitation | City of Golden Valley, Minnesota 11Project Plan Lastly, once the bidding documents are complete and approved, time has been provided to bid this project using Quest CDN. Bolton & Menk will manage the entire bidding task including, soliciting contractor interest on the project, uploading project plans and specs to the web server, answering bid related questions, hosting a formal bid opening, and preparing a letter of recommendation following the bid opening. To stay on task and stay efficient with the final design portion of this project, Bolton & Menk will schedule design- related meetings with city staff to review and update the city will project related details and costs at 60% design and again at 90% design so that we can make project-related adjustments as needed to meet the needs of the community. Construction Services Finally, time is planned for staff to provide construction services on the project needed to deliver a well-constructed project to the city through its completion. Under this task, time is provided to host a pre-construction meeting and review and approve project-related submittals before the commencement of the project. Time has also been allocated to provide project-related communication to key project stakeholders before and during construction. This may include but is not limited to mailings, flyers, website creation, and project related open house meetings. The actual mailing of any project-related communications needs will be the responsibility of the city. Once under construction, Bolton & Menk staff will provide daily construction staking, contract administration, construction inspection, and record keeping on the project. During this process field staff will record quantities of completed work and initiate material testing as needed to protect the city’s interest through construction. Next, prior to project completion, a list of remaining punch list items will be identified and presented to the contractor for correction before final payment. Finally, record drawings will be created and delivered to the city, meeting city standards, prior to ultimate project completion. An eight-week construction duration comprising of full-time and part-time inspection is assumed to meet construction needs without taxing the city budget. We understand the variable nature of construction and will modify our inspection approach to meet the needs of the project. If the city is looking for ways to minimize project costs, Bolton & Menk is willing to partner with city staff to complete the construction services portion of the project. Because much of the trenchless work is completed underground (where we cannot get our eyes on the work), construction representation is generally needed to maintain an acceptable project to the community. This includes daily review of traffic control needs, site clean-up, construction notifications, and general site preparedness. If desired, Golden Valley staff can manage the day-to-day aspects of the surface construction along Glenwood Avenue. Bolton & Menk will pair with city staff to ensure that the materials are being installed correctly and tested to ensure the quality control of the performed improvements. A fee reduction for this work-sharing opportunity is provided in the detailed cost estimate. JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC 1.0 PROJECT MEMORANDUM 2.0 DATA COLLECTION 3.0 FINAL DESIGN 4.0 CONSTRUCTION SERVICES 2022 SCHEDULE We have developed a schedule detailing the anticipated work tasks, task relationships, critical path timeline, and completion dates. This schedule is based on our review of the project background, description, and scope of services included in the Request for Proposals and our experience on other similar projects. Upon selection, Bolton & Menk will work with city staff and other project partners to revise and update this schedule as needed to ensure successful delivery of this project. Glenwood Avenue Watermain Rehabilitation | City of Golden Valley, Minnesota Deviations from RFP 12 DEVIATIONS FROM RFP Topographic Survey Our project team is uniquely familiar with the project area, the constraints, and construction plan requirements needed to facilitate competitive and informed bidding by general contractors. For this project, we have scoped a modified topographic survey in which we use the city’s robust GIS database to form the backbone of our utility mapping. City staff has invested significant resources establishing and updating their GIS system and we feel that we can save project dollars by using it as a jumping off point. Once we understand where construction access pits will be necessary for rehabilitation, our survey and GIS crews will spend time in the field collecting only the data points that are critical to the construction plan. Our subconsultant, Kaskaskia Engineering, will take the same approach with private utility data collection. Time has also been allocated to ensure the accuracy of the city’s current GIS data for general plan creation. We feel this approach will reduce overall engineering costs to the project while still fully providing the technical data necessary for contractors to intelligently bid the project. Public Outreach & Communication Our project team is accustomed to working on complex municipal projects on large county roadways. While we do anticipate this work be completed under traffic, the construction pits and traffic control signage will significantly impact the residents and motorists within the community. Additionally, water shutdowns, both anticipated and unanticipated, will negatively impact the city’s residents and businesses. To combat the risk of an uniformed community, we have included optional services to provide community outreach and communication. These services would be provided by Bolton & Menk's community outreach liaison and our subconsultant Stardust Communications and would generally include: • Identification of impacted audiences with an emphasis on identifying any historically under-served areas along the project • Production of project-inception informational flyers that can be posted to the city and county’s website, social media accounts, and mailed to targeted audiences • In-person meetings before and during construction as needed; these could be hosted by our community outreach liaison in individual, small group, or large-group settings • Construction-related informational flyers that can be posted to the city and county’s website, social media accounts, and mailed to targeted audiences Diversity, Equity, and Inclusion Assessment 15 DIVERSITY, EQUITY, AND INCLUSION ASSESSMENT We take pride in diversity, equity, and inclusion through the diversity of thought, experiences, and backgrounds of our team within our company. We provide professional development opportunities both internally and externally. We are currently developing an in-house training program to train individuals who may not pursue secondary education in our field and create opportunities within our firm. Employees participate in collaboration teams that influence decisions in the company. These collaboration teams are our commitment to making a difference and always striving for excellence to the benefit of our existing team, future staff, and our clients. They provide opportunities for thought leadership and influence executive decision-making. While we currently do not have a Racial Equity Plan, we have an Affirmative Action Plan which covers much of what a Racial Equity Plan would with a few differences. Upon request of the city, we can share an electronic copy of our Affirmative Action Plan. We routinely conduct adverse impact analyses using the “Eighty Percent Test” or other statistical methods to analyze our personnel activities, including applicant flow, hires, promotions, terminations, and other personnel actions, to determine if there are selection disparities between men and women, people of color, non-minority (and within specific racial groups, if appropriate), or disabled and non-disabled applicants or employees. We provide professional development opportunities both internally and externally. Commitment to DBE Partnerships Although we have the in-house expertise to independently deliver most services provided by TGB firms, we proudly foster a collaborative atmosphere for all our partners. We recognize the effort and experience makes each entity better. Over time, we have developed many successful partnerships with other firms. In 2018, our TGB partners helped us deliver nearly $1 million of our firm’s revenue. Glenwood Avenue Watermain Rehabilitation | City of Golden Valley, Minnesota Two of our three proposed subconsultants on this project are DBE firms: • Kaskaskia Engineering Group, LLC • Stardust Communications EXHIBIT B Cost Proposal 13 Glenwood Avenue Watermain Rehabilitation | City of Golden Valley, Minnesota COST PROPOSAL The following tables summarize the hours and cost breakdown for each major work task item. The estimated fee includes labor, general business, and other normal and customary expenses associated with operating a professional business. Unless otherwise noted, the fees include vehicle and personal expenses, mileage, telephone, survey stakes, and routine expendable supplies; no separate charges will be made for these activities and materials. Expenses beyond the agreed scope of services and non-routine expenses, such as large quantities of prints, extra report copies, out-sourced graphics and photographic reproductions, document recording fees, outside professional and technical assistance, and other items of this general nature will be invoiced separately. Client: City of Golden ValleyProject: Glenwood Ave Watermain Rehab Task No.Work Task Description Client Service ManagerProject Manager Project EngineerPrivate Utilities (Kaskaskia)Community Outreach LiasonCommunications (Stardust)Survey ManagerSurvey TechnicianConstruction ManagerMaterials Testing (Braun)ClericalTotals 1.0 Project Memorandum 1.1 Analyze Existing As-Builts 2 4 6 1.2 Analyze Available Break History and Repair Documentation 2 4 6 1.3 Research and Document Available/Applicable Trenchless Technologies 4 4 1.4 Identify Preferred Technology with Input from City Staff 3 3 1.5 Prepare Technical Memorandum with Supporting Documentation/Project Estimate 24 8 32 Subtotal Hours - Task 1 0 35 16 0 0 0 0 0 0 0 0 51 2.0 Data Collection 2.1 Establish Horizontal Control 1 2 12 15 2.2 Review and Incorporate City's Robust GIS Database as Appropriate 2 6 8 2.3 Limited Field Topographic Survey to Fill GIS Gaps 4 30 34 2.4 Structure Measure Downs 6 6 2.5 ++Call GSOC Private Utility Locates for Anticipated Excavation Areas 1 5 6 2.6 ++Obtain GPS Points of Located Private Utilities 1 45 46 2.7 Prepare Existing Conditions Drawing 1 8 10 2 8 29 2.8 Engage Hennepin County Staff - Begin Sharing Data Back and Forth 2 2 4 8 2.9 Engage Private Utilities - Begin Sharing Data Back and Forth 4 2 4 10 Subtotal Hours - Task 2 6 10 22 60 0 0 8 56 0 0 0 162 3.0 Construction Plans and Specifications 3.1 **Identify Impacted Community Groups and Develop Communication Strategy 3 3 3 3 12 3.2 Final Design Coordination Meetings w/ City and Hennepin County Staff 2 8 8 18 3.3 Prepare 60% Plans for City Review 2 16 60 78 3.4 **Perform Community Group Outreach 1 2 4 8 4 18 3.5 Prepare 90% Plans & Specifications for City Review 2 32 40 4 78 3.6 Prepare Final Plans & Specifications for Bidding 4 8 20 32 3.7 **Perform Community Group Outreach 2 0 3.8 Support City Staff Through Bidding 10 5 6 21 3.9 Continue Private Utility Coordination 4 2 8 14 3.10 Permitting 2 6 16 24 Subtotal Hours - Task 3 19 87 157 0 7 11 0 0 0 0 14 295 4.0 Construction Services 4.1 Shop Drawing Revew and Approval 8 4 12 4.2 **Construction Communications (Newsletters, Doorhangers, Flyers, etc.)8 8 10 1 27 4.3 Pre-Construction Coordination Meeting w/ City and Hennepin County Staff 2 6 1 4 13 4.4 Pre-Construction Meeting (All Stakeholders)2 6 1 4 13 4.5 ++Construction Inspection w/ CSR (Full Time 4 Weeks + Part Time 4 Weeks)240 240 4.6 Contract Administration (Part Time 8 Weeks)80 80 4.7 Staking 2 10 24 36 4.8 Construction Materials Testing 0 4.9 Punchlist and As-Builts 4 16 20 4.10 Final Project Closeout 2 2 4 2 10 Subtotal Hours - Task 4 6 116 6 0 0 8 0 10 302 0 3 451 Detailed Fee Estimate Bolton & Menk, Inc. Allowance 14 Cost Proposal Glenwood Avenue Watermain Rehabilitation | City of Golden Valley, Minnesota Client: City of Golden Valley Project: Glenwood Ave Watermain Rehab Task No.Work Task Description Client Service ManagerProject Manager Project EngineerPrivate Utilities (Kaskaskia)Community Outreach LiasonCommunications (Stardust)Survey ManagerSurvey TechnicianConstruction ManagerMaterials Testing (Braun)ClericalTotal Hours Total Cost 1.0 Project Memorandum 0 35 16 0 0 0 0 0 0 0 0 51 $8,396 2.0 Data Collection 6 10 22 60 0 0 8 56 0 0 0 162 $24,936 3.0 Construction Plans and Specifications 19 87 157 0 7 11 0 0 0 0 14 295 $43,677 4.0 Construction Services 6 116 6 0 0 8 0 10 302 0 3 451 $65,398 Testing Allowance 0 0 0 0 0 0 0 0 0 $7,500 0 0 $7,500 Total Hours 31 248 201 60 7 19 8 66 302 NA 17 959 Average Hourly Rate $165.00 $180.00 $131.00 $150.00 $165.00 $160.00 $163.00 $160.00 $131.00 NA $100.00 Subtotal $5,115 $44,640 $26,331 $9,000 $1,155 $3,040 $1,304 $10,560 $39,562 NA $1,700 **Total Supplemental Services Recommended $8,840 Total Fee w/ Supplemental Services $149,907 $141,067 Fee Summary Total Base Fee Bolton & Menk, Inc. SHORT ELLIOTT HENDRICKSON INC. SEH Hourly Billable Rates – 2022 Classification – Office Staff Billable Rate(1) Principal $175 - $295 Project Manager $145 - $260 Senior Project Specialist $140 - $240 Project Specialist $105 - $190 Senior Professional Engineer I $120 - $195 Senior Professional Engineer II $145 - $245 Professional Engineer $110 - $180 Graduate Engineer $90 - $150 Senior Architect $130 - $230 Architect $115 - $165 Graduate Architect $90 - $120 Senior Landscape Architect $120 - $185 Landscape Architect $100 - $135 Graduate Landscape Architect $90 - $110 Senior Scientist $135 - $185 Scientist $95 - $150 Graduate Scientist $85 - $115 Senior Planner $135 - $230 Planner $105 - $165 Graduate Planner $95 - $130 Senior GIS Analyst $115 - $190 GIS Analyst $105 - $130 Project Design Leader $125 - $200 Lead Technician $110 - $185 Senior Technician $95 - $150 Technician $65 - $125 Graphic Designer $95 - $160 Administrative Professional $55 - $140 Classification – Field Staff Billable Rate(1) Professional Land Surveyor $115 - $175 Lead Resident Project Representative $100 - $170 Sr. Project Representative $95 - $150 Project Representative $80 - $135 Survey Crew Chief $90 - $150 Survey Instrument Operator $60 - $105 (1) The actual rate charged is dependent upon the hourly rate of the employee assigned to the project. The rates shown are subject to change. Effective: January 1, 2022 Expires: December 31, 2022 SHORT ELLIOTT HENDRICKSON INC. SEH Schedule of Expenses – 2022 Vehicle Mileage Rates 2022 IRS Rate ................................................................................... TBD Vehicle Allowance Costs Resident Project Representative .............................................. $16.00/day Survey and Field Vehicle ............. $4.50/hour + 2022 IRS mileage rate/mile Survey Equipment Robotic Total Station ................................................................ $30.00/hour Global Positioning System (GPS) ........................................... $30.00/hour Computer Equipment Computer Charges per Direct Hour of Labor ............................ $3.00/hour Other Equipment Expenses SEH uses many different types of equipment, such as traffic counters; flow meters; air, water, and soil sampling kits; inspection cameras; density meters; 3-D printers; drones, and many others. Our equipment is frequently upgraded to utilize current technology. You will be charged for equipment usage per your agreement with SEH. Rates are subject to change. Identifiable Reproduction and Reprographic Costs (1) (2) Item 8½x11 11x17 Large Format Per Item Black/White Copy (3) 0.07 0.24 0.95 + 0.50/sq. ft. Color Copy (3) 0.46 1.02 0.95 + 2.55/sq. ft. Mylar 5.00 CD Copy 3.00 Lamination 2.00 3.50 3.50/sq. ft. Laminated Foamcore – up to 30"x 42" – larger than 40"x 60" 40.00 75.00 3-Ring Binder size 1” 2” 3” 4” cost 3.20 4.80 5.60 7.24 Machine Folding 0.02 Binding wire comb 3.60 3.20 Covers custom blank 0.15 0.03 Tabs (white) 0.20 Mailing/Processing UPS or USPS rates (1) prices include operator time (2) prices denote single-sided printing (3) standard stock, white paper used for pricing Prices are subject to change and may not be accompanied by immediate notification. Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. E. 1. Receive and File Annual Grants Report Prepared By Myles Campbell, Planner Sue Virnig, Finance Director Summary Since 2014, staff has been tracking grants received by the City and providing an annual report on these awards. The purpose for this report is to have a better understanding of how the City is utilizing external funding sources on a year-over-year basis. While grant funding is partially dependent on having an eligible project/use as well as the availability of staff time, its still good practice to track these items even if the totals are expected to differ annually. This report, beyond being a fiscal tool, also acts as a staff reference for grant opportunities that the City has a proven track record applying for and receiving. These sources of funding play a large role in the City’s operations, off-setting overall expenditures and often allowing additional opportunities for staff training, funding for large-scale public improvements, and to bring in specialists to assist on projects. This memo will summarize the grants awarded to date in 2021, and also provide an update on American Rescue Plan Act (ARPA) dollars slated to be received and utilized in early 2022. Similar to CARES Act dollars in 2020, these funds were not included in annual tracking numbers given their unique nature as emergency federal funding. City Council Regular Meeting Executive Summary City of Golden Valley December 21, 2021 2 Tracking Grants Attached with this memorandum, staff has compiled a list of the grants applied for and grants received going back to 2012. In total, the City has received 91 grants in that time, for a total of $18,392,701. The table to the right shows a breakdown of this total amount by year. In past years’ reports, there have been late additions for those grants that fell between the annual report and end of year. This report includes no new additions for grants received in 2020, keeping the total at $6,845,962. In 2021 and as of this report, the City was awarded $1,631,044 in grant funding. A large portion of this total was the second phase of grant funding from the Minnesota DNR for the SEA School-Wildwood Park Flood Storage Project, which accounted for $1.3 million in award funds. Physical Development staff were also active and successful with smaller grant awards, including some that have been received in prior years as well as new funding opportunities. Grant awards included funding for City Inflow & Infiltration goals, Recycling and Organics programs, Habitat Restoration for the Briarwood Nature Area, and funding for a Green Corps Member for a full-service year in City Hall. Parks and Recreation received multiple grants that were used to facilitate equipment improvements at South Tyrol Park, and Alternative Landscaping at Brookview and Brookview Golf Course. The Fire Department continued to receive financing for training and education via the Minnesota Board of Firefighter Training and Education, and sought grants this year for additional protective equipment. One of those grants has already been awarded, with department staff hoping to hear on a second equipment grant before the end of the year. Not included in the 2021 report was a grant for $250,000 awarded to the City by the Pohlad Family Foundation for a number of Public Safety initiatives. While awarded to the City in 2021, staff are still in coordination with the Pohlad Foundation in order to finalize a grant agreement, expected in early 2022. This grant is expected to be reflected in next year’s report. Police are also participating in the Toward Zero Deaths program, however funding for this programming is not expected until later this year or early 2022. American Rescue Plan Act Not included in this tracking for the year 2021 is any of the funding received directly by the City as part of the American Rescue Plan Act response to the ongoing impacts of the COVID-19 pandemic. Given that these tracking lists are meant to provide an accurate comparison between years, and the unique nature of the ARPA funds, staff felt this could be misinterpreted in the future. That said the support provided by ARPA dollars is significant and will go towards several City initiatives for this year and next. ARPA funds are planned to be allocated to municipalities in two parts, the City having received the first phase of funding in 2021, and a second round anticipated in late spring or early summer in 2022. For 2021, the City received $1,190,875 as part of ARPA. Most of these funds will be issued for internal reimbursement and expenditures within the City, however some ARPA will also be distributed to partner organizations and non-profits. The City plans to distribute $15,000 to Discover St. Louis Park who provide tourism information on the City, and an additional $5,000 to the Golden Valley Historical Society. In 2022 the City also plans to GRANTS RECEIVED YEAR Total 2012 $668,676 2013 $948,350 2014 $793,385 2015 $1,040,175 2016 $1,118,750 2017 $1,378,101 2018 $3,534,018 2019 $434,240 2020 $6,845,962 2021 $1,631,044 TOTAL $18,392,701 City Council Regular Meeting Executive Summary City of Golden Valley December 21, 2021 3 provide funding for operations assistance for People Responding in Social Ministry (PRISM), who provide food and housing security assistance to Golden Valley residents. Objectives for 2022 Objectives for 2022 remain very similar to those in previous years. • Remaining active in pursuing annual grant opportunities as available • Planning long-term for major expenditure projects and available funding • Improving familiarity between grants management staff and various departments An additional objective for 2021 is related to the recent 2020 Census update. Often grant applications can include requirements for demographic information, and may prioritize funding for particular locales, such as areas of concentrated poverty. With the ongoing release of Census data, grant staff would like to create a set of demographic information that can be applied and included with most grant applications, especially with the more localized block group data that has been released. The hope is that this will add some efficiency into the application process through standardization, while also increasing application success for those grants that prioritize demographic measures. Financial Or Budget Considerations Proactive grant work and management is a highly effective tool for supplementing the City’s expenditures. Recommended Action Motion to Receive and File the Annual Grant Funding Update Attachment • Grants Awarded by Department, 2012-2021 (3 pages) Grants Awarded to the City of Golden Valley, by Department, 2012-2021 Physical Development Date Granting Agency/Fund Project Amount 2012 Minnesota Department of Natural Resources Community Forest Grant Removal of trees infested with Emerald Ash Borer and replanting for both Emerald Ash Borer and damage from 2011 tornado $15,000 2012 Minnesota Department of Transportation Roadside Landscape Program Lilac plantings as well as other tree and shrub plantings along major highways $7,616 2012 Metropolitan Council Environmental Services Legacy Clean Water Fund Act Help homeowners repair their sanitary sewer service and reduce inflow and infiltration $430,000 2012 Metropolitan Council Environmental Services Inflow and Infiltration Grant Fund infrastructure improvements to reduce inflow and infiltration $206,000 2013 Hennepin County Pedestrian and Bicycle Capital Improvement Program Golden Valley Road Bikeway Feasibility Study $20,000 2013 MnDOT Municipal Agreement Program Hwy 55 and Winnetka Intersection Improvement Project $702,000 2013 Hennepin County Pedestrian and Bicycle Capital Improvement Program Winnetka Avenue Streetscape Rehabilitation Project to convert paver brick sidewalk to concrete sidewalk $50,000 2014 Metropolitan Council Environmental Services Inflow and Infiltration Grant Fund infrastructure improvements to reduce inflow and infiltration $65,000 2014 Hennepin County Pedestrian and Bicycle Capital Improvement Program Glenwood Avenue Sidewalk Extension $50,000 2014 Hennepin County Environmental Response Fund Soil remediation work in preparation for Xenia Apartment project $102,000 2014 Metropolitan Council Tax Base Revitalization Account Soil remediation work in preparation for Xenia Apartment project $92,400 2014 MN Department of Employment and Economic Development Soil remediation work in preparation for Xenia Apartment project $111,721 2015 Hennepin County HOME Investment Partnerships Program Fill financing gap for Cornerstone Creek project to build 43 affordable units to adults with disabilities $325,000 2015 Hennepin County Community Development Block Grant Fill financing gap for Cornerstone Creek project to build 43 affordable units to adults with disabilities $290,229 2015 Hennepin County Community Development Block Grant Pesch Place rehabilitation work on a 5-units residential building for adults with disabilities at 2000 Mary Hills Drive $60,796 2015 Hennepin County Environmental Response Fund Grant Soil Investigation and Remediation for Decola Ponds Flood Mitigation Project $300,000 2015 Hennepin County Pedestrian and Bicycle Capital Improvement Program Wayzata Boulevard Bikeway Feasibility Study $15,000 2015 Local Operational Research Assistance Program Fabricate specialty equipment $3,500 2016 Minnesota Pollution Control Agency Funds cost of consultant to assist staff with Sustainability and Resilience Chapter of the Comprehensive Plan $15,000 2016 Minnesota Pollution Control Agency GreenCorps Member on full-time staff at City Hall $70,000 2016 DNR Flood Damage Reduction Grant Acquire/remove flood prone home near Olympia and Mendelssohn $300,000 2017 DNR Flood Damage Reduction Grant Acquire/remove three flood prone homes near Olympia and Mendelssohn $381,800 2017 Hennepin County Community Development Block Grant Acquisition and rehabilitation of a home for community land trust with Homes Within Reach $60,000 2017 Hennepin County Affordable Housing Incentive Fund Acquisition and rehabilitation of homes in Hennepin County for community land trust with Homes Within Reach $200,000 2017 MnDOT Local Road Improvement Program 10th Avenue culvert reconstruction $590,000 2017 Metropolitan Council Environmental Services Inflow and Infiltration Grant I/I mitigation work $197,322 2018 MN Department of Employment and Economic Development Soil contamination clean-up for Global Pointe Senior Living $421,093 2018 DNR Flood Damage Reduction Grant DeCola Ponds B and C project $2,300,000 2018 Hennepin County Community Development Block Grant Pesch Place rehabilitation work on a 5-units residential building for adults with disabilities at 2000 Mary Hills Drive $68,000 2018 Hennepin County Community Development Block Grant Acquisition and rehabilitation of a home for community land trust with Homes Within Reach $100,700 2018 Hennepin County Affordable Housing Incentive Fund Acquisition and rehabilitation of homes in Hennepin County for community land trust with Homes Within Reach $100,000 2018 Hennepin County Health Community Planning Partnership Project Grant Demonstrate how Luce Line can better connect to Downtown Golden Valley to promote active living $7,625 2019 DNR Conservation Partners Legacy Program Habitat restoration at Bassett Creek Nature Area $50,000 2019 Minnesota Pollution Control Agency GreenCorps Member on full-time staff at City Hall $70,000 2019 Minnesota Housing Affordable Housing Capacity Building Grant $22,000 2020 Hennepin County Community Development Block Grant Acquisition and rehabilitation of a home for community land trust with Homes Within Reach $150,000 2020 DNR Conservation Partners Legacy Program Habitat Restoration at Pennsylvania Woods Nature Area $50,000 2020 Minnesota Pollution Control Agency GreenCorps Member full-time service year at City Hall $75,000 2020 Hennepin County Environment and Energy SCORE Recycling Grant (Recycling $32,600; Organics $4,300) $36,900 2020 MNDoT State Aid – Capital Bonding Bill (October Special Session) Construction of Underpass and Mini Roundabout at Douglas and Hwy 55 $6,500,000 Date Granting Agency/Fund Project Amount 2020 Hennepin County Elections CARES Grant Additional funding to support elections during pandemic $8065 2021 DNR Flood Damage Reduction Grant SEA School-Wildwood Park Flood Storage Project $1,300,000 2021 Metropolitan Council Environmental Services Inflow and Infiltration Grant Fund infrastructure improvements to reduce inflow and infiltration $136,955 2021 Hennepin County Environment and Energy SCORE Recycling Grant (Recycling $35,552 Organics $4,335) $39,887 2021 DNR Conservation Partners Legacy Program Briarwood Nature Area Habitat Restoration $50,000 2021 Minnesota Pollution Control Agency GreenCorps Member full-time service year at City Hall $75,000 2021 Minnesota Economic Development Foundation Reimbursement for Physical Development Summer Intern $1,000 Public Works Date Granting Agency/Fund Project Amount 2020 Hennepin County Healthy Tree Canopy Grant Document the condition and location of Ash trees on public property $6,000 Police Date Granting Agency/Fund Project Amount 2013 MN Department of Commerce Auto theft prevention program for the purchase, installation and implementation of an automated license plate reader $30,000 2015 MN Department of Commerce Auto theft prevention program for the purchase, installation and implementation of a second automated license plate reader $23,185 2020 MN DPS Toward Zero Deaths Grant Overall reduction of traffic related deaths and injuries $2,931 Parks and Recreation Date Granting Agency/Fund Project Amount 2013 Hennepin Youth Sport Program New Soccer Goals $10,000 2013 Hennepin Youth Sport Program Wildwood Park – Play Structure $50,000 2013 Gametime, Inc. Brookview Park – Play Structure $72,000 2014 United States Tennis Association Tennis Court Lines $1,250 2014 Gametime, Inc. Hampshire Park – Play Structure $20,495 2014 Hennepin Youth Sport Program Sandburg – Athletic facility $325,000 2016 Three Rivers Park District Schaper Park Challenge Course $325,000 2016 Minnesota Wisconsin Playground Schaper Park Challenge Course $50,000 2016 Paul’s Pals Schaper Park Inclusive Playground $35,000 2016 Golden Valley Rotary Club Schaper Park Inclusive Playground $6,500 2016 Hennepin Youth Sport Program - Facility Field lighting at Isaacson Park $300,000 2016 United States Tennis Association Tennis Courts at Brookview Park $450 2017 Minnesota Twins Dugout replacement in Isaacson Park $15,000 2017 GameTime, Inc. Play structure at St. Croix Park $17,380 2017 GameTime, Inc. Play structure at Medley Park $20,942 2017 GameTime, Inc. Play structure at Wesley Park $21,587 2018 Hennepin Youth Sport Program - Facility Field lighting at Isaacson Park $150,000 2018 Golden Valley Little League Field improvements at Isaacson Park $20,000 2019 Hennepin Youth Sport Program - Facility Field improvements at Shaper, Wesley, and Lions Parks $96,000 2019 Golden Valley Little League Field improvements at Isaacson Park $6,000 2020 Golden Valley Little League Field Improvements at Isaacson Park $4,100 Date Granting Agency/Fund Project Amount 2020 Hennepin county Youth Sports Grant Scoreboards at Isaacson Park $4,120 2020 Three Rivers Park District Save the Summer Grant Youth Programming during COVID-19 pandemic $4,310 2021 Alternative Landscape Grant MPCA Park landscaping improvements at Brookview and Brookview Golf Course $828 2021 Play Structure Grant from GameTime Cares grant program Play structure at South Tyrol Park $10,390 Fire Date Granting Agency/Fund Project Amount 2012 Minnesota Board of Firefighter Training and Education Firefighter training $10,060 2013 Minnesota Board of Firefighter Training and Education Firefighter training $14,350 2014 Fireman’s Fund Insurance Company and parent company Allianz Group Automatic external defibrillators (AED’s) and test gas to calibrate electronic gas meters $5,000 2014 Minnesota Board of Firefighter Training and Education Firefighter training $20,519 2015 CenterPoint Energy Community Partnership Grant Electronic gas monitors, nomex hoods and helmet flaps, traffic safety vests $5,125 2015 Minnesota Board of Firefighter Training and Education Firefighter training $17,340 2016 CenterPoint Energy Community Partnership Grant Electronic gas monitors, traffic safety cones, flashlights, protective firefighter helmets, and protective firefighting boots $5,400 2016 Minnesota Board of Firefighter Training and Education Firefighter training $11,400 2017 Minnesota Board of Firefighter Training and Education Firefighter training $71,392 2018 CenterPoint Energy Community Partnership Grant Gas monitoring and calibration equipment upgrades and replacements $4,000 2018 Minnesota Board of Firefighter Training and Education Firefighter training $17,100 2018 Minnesota Department of Public Safety State Fire Marshal Division Gear dryer equipment and installation $7,500 2019 Minnesota Board of Firefighter Training and Education Firefighter training $63,314 2020 Minnesota Board of Firefighter Training and Education Firefighter training $4,536 2021 CenterPoint Energy Community Partnership Grant Safety Clothing – Hoods $4,680 2021 Minnesota Board of Firefighter Training and Education Firefighter Training and Education $16,984 General Services Date Granting Agency/Fund Project Amount 2019 MN Department of Public Safety Reimbursement to Dept. of Motor Vehicles for costs associated with Minnesota License and Registration System (MNLARS) rollout $126,926 Grants Not Awarded Date Granting Agency/Fund Project Amount 2014 Bush Foundation Park Shelter Building Addition $200,000 2014 Three Rivers Park District Trail and sidewalk connections to the Luce Line Regional Trail $500,000 2015 Hennepin Youth Sport Program - Facility Schaper Park Challenge Course $225,000 2018 Minnesota Pollution Control Agency GreenCorps Member on full-time staff at City Hall $70,000 2018 DNR Managing Ash for Emerald Ash Borer in Community Forests Emerald Ash Borer management activities $30,000 2018 Hennepin County Bicycle and Pedestrian Capital Improvement Program Advanced design of Bassett Creek Trail on Golden Valley Road (Three Rivers Park District submitted the application) $100,000 2019 DNR Local Trail Connections Program Laurel Greenbelt trail connection at Colorado Avenue $51,882 2020 Metropolitan Council LCDA Development Grant Golden Gardens Mixed Use Development Project $1,000,000 2021 DNR Emerald Ash Borer Grants Program Emerald Ash Borer management activities $20,000 Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. E. 2. Adopt Resolution No. 21-101 Approving Policies and Procedures for Federal Awards Administration Prepared By Sue Virnig, Finance Director Myles Campbell, City Planner Maria Cisneros, City Attorney Summary The City of Golden Valley seeks out grants to benefit the community. The policy guidelines that were approved in December 2020 worked but needed additional language due to the American Rescue Plan Act that arrived in 2021. Guidelines are usually set by the type of grant. Federal grants require more information due to usually the size of the grant and restrictions. This document is also a document that has been reviewed by our auditors to make sure if follows the current guidelines when audited. Financial Or Budget Considerations The document has no impact on the budget. It is a document that staff needs to follow with both accepting a grant along with spending a grant. Recommended Action Motion to approve Resolution No. 21-101 Approving Federal Grants Management Policy Supporting Documents • Resolution No. 21-101 Policies and Procedures for Federal Awards Administration (1 page) • Policies and Procedures for Federal Awards Administration (24 pages) RESOLUTION NO. 21-101 RESOLUTION APPROVING FEDERAL GRANTS MANAGEMENT POLICY WHEREAS, the City of Golden Valley seeks grants out for various projects to benefit the City of Golden Valley, and WHEREAS, the Policy Exhibit A sets policies and procedures for Federal Awards Administration as of January 1, 2021. NOW, THEREFORE, BE IT RESOLVED that the Golden Valley City Council do hereby approve the Policies and Procedures for Federal Awards Administration as outlined in Exhibit A. Adopted by the City Council of Golden Valley, Minnesota this 21st day of December 2021. ___________________________________________________ Shepard M. Harris, Mayor ATTEST: _______________________ Theresa Schyma, City Clerk CITY OF GOLDEN VALLEY POLICY TITLE: POLICIES AND PROCEDURES FOR FEDERAL AWARDS ADMINISTRATION EFFECTIVE DATE: JANUARY 1, 2021 PROPOSED BY: FINANCE DATE APPROVE BY COUNCIL: DECEMBER 21, 2021 2 TABLE OF CONTENTS OVERVIEW ..................................................................................................................... 3 Purpose........................................................................................................................ 3 Hierarchy of Authority .................................................................................................. 3 Revisions ..................................................................................................................... 3 Compliance Failures .................................................................................................... 3 General Accounting and Financial Management ............................................................. 3 Purchasing and Procurement .......................................................................................... 5 Payroll and Timekeeping ............................................................................................... 10 Grant Administration...................................................................................................... 11 Grant Development, Application, and Approval ......................................................... 11 Grant Program Implementation .................................................................................. 12 Financial and Budgetary Compliance ........................................................................ 13 Record Keeping ......................................................................................................... 14 Other Guidelines ........................................................................................................ 14 Year-end Closing and Reporting ................................................................................... 14 Additional Federal Awards Compliance Requirements ................................................. 16 General Information....................................................................................................... 16 Activities Allowed/Un-allowed and Allowable Costs/Cost Principles ............................. 17 Cash Management ........................................................................................................ 17 Eligibility ........................................................................................................................ 18 Equipment and Real Property Management ................................................................. 18 Matching, Level of Effort and Earmarking ..................................................................... 20 Period of Performance .................................................................................................. 21 Procurement, Suspension and Debarment ................................................................... 21 Program Income ............................................................................................................ 22 Sub-recipient Monitoring ............................................................................................... 23 Special Tests and Provisions ........................................................................................ 24 3 OVERVIEW Purpose & Scope – This manual has been prepared to document the policies and procedures for the administration of federal awards of the City of Golden Valley (“City”). The Office of Management and Budget (OMB) Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (Uniform Guidance) requires all recipients and sub- recipients of federal funds to establish and maintain internal controls designed to reasonable ensure compliance with Federal laws, regulations and program compliance requirements. Written policies and procedures are part of the necessary internal controls and are required as a precondition to receiving federal funds. These policies and procedures are intended to be sufficiently comprehensive to adequately meet such requirements. However, in no case are these policies and procedures intended to supersede or limit Federal or State laws or regulations, or the provisions of individual grant agreements. Grants from sources other than federal awards may be handled under the City’s Grant Management Policy. Hierarchy of Authority – In the event that conflicting guidance on the administration of federal awards is available, the City has deemed federal guidance to be most authoritative, followed by other state or local agencies. Revisions – Guidance provided by the Federal government through the OMB UG Compliance Supplement are expected to be updated each year. Such updates are considered by the City as they become available and policies and procedures will be revised accordingly. Compliance Failures – Compliances failures, whether noted internally by management or through the external audit process, will be addressed immediately by reviewing the reason for the failure with responsible personnel and devising an improved process to encourage compliance in the future. General Accounting and Financial Management It is the policy of the City to comply with all statutory, regulatory, and contractual requirements in the conduct of, and accounting for, its financial operations. The official books of record for the City will be maintained subject to the following provisions: 1. The City will account for its operations in accordance with the Generally Accepted Accounting Principles (GAAP) applicable to local units of government. 2. The City will comply with the Super Circular issued by the Office of Management 4 and Budget (OMB), Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200). 3. The City will comply with all contractual requirements detailed in its duly executed grant agreements with awarding agencies. 4. The City will contract annually with an independent CPA firm for the purposes of conducting the City’s external financial audit. To the extent that the City has expended federal awards in excess of the applicable single audit limit (currently $750,000), the City will have a single audit performed in accordance with OMB UG. 5. To ensure continuing compliance with all applicable accounting requirements, the City may, at its discretion, contract with a CPA firm to provide internal auditing and/or consulting services. 6. The Finance Director shall be responsible for the maintenance of all accounting and financial records (including journals, timesheets, bank statements, audit reports and similar documents). Such records shall be retained as required by contractual or regulatory requirements. The City has adopted the state’s records retention schedule as its official guide for records storage, filing and destruction. 7. The City and employees are required to comply with the City’s conflict of interest procedures and report any potential conflicts of interest to their managers. No employee, officer or agent may participate in the selection, award or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such violations may result in appropriate discipline. 8. The City will request prior approval from Federal agencies or pass-through entities for program or budget changes. 9. The City has implemented the new federal purchasing procedures which follow: acquisitions for micro-purchases (below $25,000 or below $2,000 for construction subject to the Davis Bacon Act) may be awarded without soliciting bids if the City considers the price to be reasonable. Procurements for small purchases (less than $175,000 - Minn. Stat. § 471.345), in which case quotations must be obtained from an adequate number of sources. Procurements made by sealed bid should be made to the lowest responsible (not necessarily the lowest bidder). Procurements made by competitive proposal must have standards to evaluate the selected recipient. Procurement made by non-competitive proposals (to one 5 vendor) may be used only if one of the following applies a) the item is available from a single source, b) an emergency exists c) the Federal agency expressly authorizes non-competitive proposals, or d) competition is seen as inadequate after solicitation to several vendors. 10. Other procurement procedures include: contractors who develop or draft specifications for bids are precluded from bidding on them. The City must maintain oversight so that contractors perform work as bid. Multiple provisions must be included in contracts (see Appendix II of grant procurement guidelines of super circular procedures). The City must verify to http://www.sam.gov/ if contract is $25,000 or more to review if on the suspended and debarred list for federal grants. 11. Procedures for inventory of federal capital purchases will be maintained by the Finance Department, with the help of the Engineer, and all items will be tracked annually. See Equipment and Real Property Management for further procedures. 12. The Finance Director (or designee) or the City Manager are required to certify expenditures. Purchasing and Procurement It is the policy of the City to ensure that all disbursements of City funds are properly reviewed and authorized, and consistent with sound financial management principles, and made in compliance with all applicable federal, state and local laws. In order to meet these objectives, all disbursements of City funds shall be subject to the following provisions, to the extent that they do not conflict with or contradict with any specific federal, state or local law or council policies (the most specific or restrictive law, policy or procedure will be followed): 1. Substantial state and federal requirements exist pertaining to standards of conduct and conflict of interest. It is the intent of the City for all employees, officers or agents to conduct all activities associated with procurements in compliance with the highest ethical standards, including the avoidance of any real or perceived conflict of interest. It is also the intent of the City to impose appropriate sanctions or disciplinary actions, including but not limited to termination and/or prosecution, for any employees or officers who violate any of these requirements. 2. The City avoids the acquisition of unnecessary or duplicative items. Additionally, the City considers consolidating or breaking out procurements to obtain a more 6 economical purchase. And, where appropriate, the City makes an analysis of leases versus purchase alternatives, and other appropriate analyses to determine the most economical approach. 3. To foster greater economy and efficiency, the City enters into state and local intergovernmental agreements where appropriate for procurement or use of common or shared goods and services. This includes cooperative purchasing agreements where practical and beneficial. Depending on the purchase requested, the City may purchase it from a cooperative or inter-local agreement if the price is competitive and the goods or service are needed in a timely manner. The Finance Director and the City Manager will make this determination. 4. The City awards contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. The City considers such matters as contractor integrity and business ethics, compliance with public policy, ability to complete the project on time and in accordance with specifications, record of past performance, and the contractor’s financial and technical resources. 5. The City will award a contract to a contractor who has the appropriate experience, expertise, qualifications and any required certifications, necessary to perform the work. Contractors should also have the financial resources to sustain the project while the initial work is being completed and during each service period until he or she submits invoices for payment to the City as work is completed. Contractors should have the proper equipment or the capability to subcontract for the proper equipment necessary to complete the contracted work. 6. Debarment and Suspension: The City will not subcontract with or award subgrants to any person or company who is debarred or suspended from receiving federal funds. The Finance Director, or designee thereof, is required to check for excluded parties at the System for Award Management (SAM) website before any procurement transaction paid with federal funds. This list is located at: http://www.sam.gov/. 7. All procurement transactions paid with federal funds are conducted in a manner providing full and open competition. In an environment of full and open competition, no proposer or bidder has a competitive advantage over another. All potential proposers and bidders must be provided the same information and have the same opportunity to submit a bid or proposal. Providing a competitive advantage to one or more potential proposers or bidders over another can open the potential for disputes and lawsuits that can be costly and can significantly 7 delay the completion of projects. In accordance with 2 CFR 200.322, preference is given for goods, products and materials produced in the United States. 8. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals (RFPs) are excluded from competing for such procurements. The City does not engage in the following situations that may restrict full and open competition, including but not limited to: a. Placing unreasonable requirements on firms for them to qualify to do business. b. Requiring unnecessary experience and excessive bonding. c. Noncompetitive pricing practices between firms or between affiliated companies. d. Noncompetitive contracts to consultants that are on retainer contracts. e. Organizational conflicts of interest. f. Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement. g. Any arbitrary action in the procurement process. h. The City conducts federal procurements in a manner that prohibits the use of statutorily or administratively imposed state or local geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. 9. All solicitations will incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description will not, in competitive procurements, contain features which unduly restrict competition. The description will include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, will set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications will be avoided if possible. 10. The City will make independent estimates of the goods or services being procured before receiving bids or proposals to get an estimate of how much the goods and services are valued in the current market. To accomplish this, after bids and proposals are received, but before awarding a contract, the City conducts either a price analysis or a cost analysis, depending on the type of 8 contract, in connection with every procurement with federal funds in excess of $175,000. 11. The City takes all necessary affirmative steps to assure that minority businesses and women’s business enterprises, and labor surplus area firms are used when possible. To accomplish this, the City uses the following required affirmative steps: a. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists. b. Assuring that small and minority business, and women’s business enterprises are solicited whenever they are potential sources. c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises. d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises. e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. f. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed above. 12. Federal methods provide for procurement by micro-purchase. Micro-purchase is a purchase of supplies or services using simplified acquisition procedures, the aggregate amount of which does not exceed $25,000. The micro-purchase method is used in order to expedite the completion of its lowest-dollar small purchase transactions and minimize the associated administrative burden and cost. 13. Small purchase procedures may be used in those relatively simple and informal procurement methods for securing nonprofessional services, supplies, or other property that do not cost more than $175,000. 14. Sealed bids ($175,000, formal advertising, price is a major factor). Requirements for sealed bids: a. The invitation for bids will be publicly advertised and bids must be selected from an adequate number of known suppliers, providing them sufficient response time prior to the date set for opening the bids. 9 b. The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services for the bidder to properly respond. c. All bids will be publicly opened at the time and place prescribed in the invitation for bid. d. A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. e. Any or all bids may be rejected if there is a sound documented reason. f. Competitive proposal (> $175,000, fixed price or cost reimbursement, request for proposal (RFP) with evaluation methods). Requirement for competitive proposal procedures: • Requests for proposals must be publicized requests and identify all evaluation factors and their relative importance. • Proposals must be solicited from an adequate number of qualified sources. • The organization must have a written method for conducting technical evaluations of the proposals received and for selecting recipients. • Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program. • The organization may only use qualification-based methods, whereby competitors' qualifications are evaluated, and the most qualified competitor is selected, in the procurement of architectural/engineering professional services. 15. Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used when using federal funds only when one or more of the following circumstances apply: a. The item is available only from a single source. This must be documented. b. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation. c. Any Federal awarding agency expressly authorizes noncompetitive proposals in response to a written request from the City. d. After solicitation of several sources, competition is determined inadequate. 16. Time and materials type contract means a contract whose cost to the City is the sum of: the actual costs of materials, and direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses and profit. a. The City may use a time and materials type contract paid with federal 10 funds in accordance with the above only (1) after a determination that no other contract is suitable; and (2) if the contract includes a ceiling price that the contractor exceeds at its own risk. 17. The City ensures that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. The City accomplishes this by conducting internet searches, including using vendor searches and by using other less technologically-advanced tools to locate and identify potential contractors. Federal guidelines are followed regarding the number of bids required. 18. The City requires that construction or facility improvement contracts, or subcontracts exceeding $175,000, include a bid guarantee equivalent to 5% of the bid price from each bidder (such as bid bond or certified check), a performance bond on the part of the contractor for 100 percent of the contract price, and a payment bond on the part of the contractor for 100 percent of the contract price. Note: The City’s purchasing policy does not apply to procurement by contractors or subcontractors on projects, federally supported or otherwise. Payroll and Timekeeping The following provisions apply to the payment of employees and recording of time and effort (as required) in accordance with OMB UG: 1. The payroll records must be supported by a system of internal control which provides reasonable assurance that the charges are accurate, allowable, and properly allocated including: a. The total number of hours worked each day. b. The use of any holiday, personal, vacation, sick or other approved time off with pay. c. The total number of hours to be paid. d. The allocation of those hours to each program or department for which work was performed, when necessary. e. The dated signature or electronic signature of the employee and supervisor for each payroll period. 2. Be incorporated into the City’s official records. 11 3. Reasonably reflect the total activity for which the employee is compensated. 4. Encompass federally-assisted and all other compensated activities by the City on an integrated basis but may use subsidiary records. 5. Support the distribution of the employee’s salary or wages among specific activities if the employee works in more than one area. 6. Budget estimates are not an allowable form of allocation, but may be used in the interim if: a. The system for establishing estimates provides reasonable approximations. b. Significant work changes are entered into the system in a timely manner. c. The City’s internal controls include review of after-the-fact interim charges. 7. Salaried employees charged to a federal grant will document time and effort as outlined in paragraph 1 above. The time must also be supported by records indicating the total number of hours worked each day. It is the responsibility of the employee being charged to a federal award(s) to clarify documentation requirements with the City Manager or Finance Director and provide appropriate documentation to the Payroll Specialist as it becomes available. The employee should retain a copy of the documentation for their personal records. If an after-the-fact correction is necessary to an employee’s timesheet due to errors in the allocation of time worked, such corrections must be submitted to the Finance Director and approved in writing by both the employee and their supervisor. Certifications should never be signed prior to the end date of the payroll period being certified. Each certification should be provided to the Finance Department when available. Employees should retain a copy of the certifications for their personal records. Grant Administration The following policies and procedures will also be applied, to the extent that they do not conflict with or contradict any existing Council policies: Grant Development, Application, and Approval 12 1. Legislative Approval – The point at which legislative approval is required is determined by the requirements of the grant program. If the grant must be submitted by “an individual authorized by the legislative body”, then City Council approval is required prior to submitting the application. If such legislative approval is not specifically required by the written terms of the grant, then the City Manager or designee may, at his or her discretion, approve grant applications. 2. Matching Funds – Grants that require cash local matches must be coordinated through the Finance Department. At a minimum, funds must be identified within the existing budget to provide the match, or a budget amendment will be required. Depending on the nature of the grant, there may also be some policy implications that will bear discussion. For example, will the grant establish a level of service that cannot be sustained once the grant funds are depleted. In all cases involving matching funds, the grant applicant should contact the Finance Department to determine the strategy for securing matching funds. Refer to the section within this manual titled “Matching, Level of Effort and Earmarking” for additional information on compliance with the provisions of the OMB UG Compliance Supplement. 3. Grant Budgets – Most grants require the submission of an expenditure budget. The Finance Director will review this portion of the grant request prior to submission. Frequently, a technical review will discover inconsistencies in the calculations, cost centers that might have been overlooked, or identify reimbursable expenses of which program staff may not be aware—particularly in the area of indirect costs. Grant Program Implementation 1. Notification and Acceptance of an Award – Official notification of a grant award is typically sent by a funding agency to the program director and/or other official designated in the original grant proposal. However, the authorization to spend grant funds is derived from the City Council through the approval of a grant budget. Such notification should also be directed to the Finance Department. 2. Establishment of Accounts – The department that obtained the grant will provide the Finance Director with information needed to establish revenue and expense accounts for the project, as well as a project code for tracking purposes. 13 Ordinarily, this information will include a copy of a summary of the project and detail of the full project budget. 3. Purchasing Guidelines – All other City purchasing guidelines apply to the expenditure of grant funds. The use of grant funds does not exempt any purchase from normal purchasing requirements. All typical paperwork and bidding requirements as well as normal staff approvals apply. When in doubt, the program director should contact the Finance Director for further assistance. Financial and Budgetary Compliance 1. Monitoring Grant Funds – Departments may use some internal mechanism (such as a spreadsheet) to monitor grant revenues, expenditures and budgetary compliance, at the grant level. The Finance Director maintains all this information in financial software system as well; this is considered to be the City’s “official” accounting system by the granting agencies. Program directors are strongly encouraged to use financial software reports provided by the Finance Department for their grant tracking. If any “off-system” accounting records are maintained, it is the responsibility of the program director to ensure that the program’s internal records agree to the City’s accounting system. 2. Fiscal Years – Occasionally, the fiscal year for the granting agency will not coincide with the City’s fiscal year. This may require adjustments to the City’s internal budget accounts and interim financial reports as well as special handling during fiscal year-end close. It is the responsibility of the program director to bring such discrepancies to the attention of the Finance Department at the time the grant accounts are established. 3. Grant Budgets –The terms of each specific grant will dictate whether any budget transfers between budgeted line items will be permitted. In no case will the program director be authorized to exceed the total budget authority provided by the grant. If grant funds have not been totally expended by fiscal year-end, it is the responsibility of the program director to notify the Finance Director that budget funds need to be carried forward to the new fiscal year, and to confirm the amounts of such carry- forwards. Carry-forwards of grant funds will be subjected to maximum allowable amounts/percentages based on the grant award agreement and/or the OMB UG Compliance Supplement. 14 Capital Assets – The City is responsible for maintaining an inventory of assets purchased with grant funds. The City is accountable for them and must make them physically available for inspection during any audit. The City Council must approve of any sale of these assets. Customarily, the proceeds of the sale can only be used on the grant program that purchased them. (Refer to the specific regulations governing the original grant). The Finance Director will coordinate this grant requirement. All transactions that involve the acquisition or disposal of grant funded capital assets must be immediately brought to the attention of the Finance Director. Refer to the City’s capital assets procedures and the section of this manual titled Equipment and Real Property Management for additional information. Record Keeping 1. Audit Work-papers – The City’s external auditors audit all grants at the end of each fiscal year. The Finance Director will prepare the required audit work papers. Program directors may be asked to assist in this process, if necessary. 2. Record Keeping Requirements – Grant record keeping requirements may vary substantially from one granting agency to another. Consequently, a clear understanding of these grant requirements at the beginning of the grant process is vital. The Finance Department will maintain copies of all grant draw requests and approved grant agreements (including budgets). The program director should maintain all other records. Other Guidelines Specific information on policies and procedures related to compliance with the provisions of the OMB UG Compliance Supplement have been addressed later in this manual and should be considered along with the information in this section. Year-end Closing and Reporting The following provisions will govern the year-end close-out process of the City for purposes of external financial reporting: 1. To the extent that the City is required to have a single audit completed in accordance with OMB UG, the City will accumulate the information necessary to prepare a Schedule of Expenditures of Federal Awards (“SEFA”) in accordance 15 with federal and state requirements. This schedule will be characterized as follows: a. The schedule will include all federal financial assistance, including: grants, contracts, property, loans, loan guarantees, interest subsidies, cooperative agreements, insurance or direct appropriations. Amounts will be reported whether received directly from the Federal government or through a pass- through entity (in the event that the City is determined to be a sub- recipient and not a vendor). b. The schedule will be prepared on the same basis of accounting as the related financial statements. c. Federal awards will be grouped based on Federal awarding agency. Each federal award with current expenditures will be listed along with its Assistance Listing Number, pass-through grantor name (if applicable) and award/pass-through grantor number (if applicable). Such information will agree to the award documentation. d. If the Assistance Listing Number of a federal award cannot be reasonably determined, it shall be reported in the schedule using the two-digit prefix for the related Federal agency, followed by “UNKNOWN”. e. To the extent that amounts are passed-through to sub-recipients, a schedule of federal awards provided to sub-recipients will be prepared. f. In addition to current year expenditures, the schedule will list approved award/grant amount, accrued/deferred revenue at the beginning of the year, current year cash received, current year actual expenditures, and accrued/deferred revenue at the end of the year. If expenditures were incurred relative to this award in the prior year(s), this amount should be disclosed as memorandum-only. g. Any adjustments to prior year awards, expenditures, and balances (including transfers between grants) will be disclosed in the footnotes to the schedule. h. Accrued/deferred revenue in the schedule shall agree to the amounts recorded as receivable/deferrals in the related financial statements. i. To the extent that a separate line item is included in the financial statements for federal revenue, this amount shall agree to expenditures in the schedule. Any reconciling items will be disclosed in the footnotes to the schedule. 16 Additional Federal Awards Compliance Requirements A number of the federal awards received by the City are passed-through the State of Minnesota. Management will consider both the OMB UG Compliance Supplement and any applicable compliance requirements as set forth by the State of Minnesota. General Information Source of Information – Each year the Federal government (Office of Management and Budget) issues a comprehensive document on the compliance requirements each grant recipient is obligated to follow in general terms, along with program-specific guidance on various grant awards. There are 12 compliance requirements identified, each of which is considered individually in this manual. The following pages document the policies and procedures of the City related to compliance with such procedures, as applicable. In each year that the City is subject to a single audit, applicable compliance requirements are expected to be tested in detail by the City’s independent auditors. Objectives – The objectives of most compliance requirements are generic in nature. While the criteria for each program may vary, the main objective of the compliance requirement is relatively consistent across all programs. As such, the policies and procedures of the City have been based on the generic sense of the compliance requirement. For selected compliance requirements, this manual addresses the specific regulations applicable to individual grants. This is not intended to imply that a program is not subject to such policies if it is not specifically mentioned here. It is the intention of the City that all federal awards are subject to the following policies and procedures. Controls over Compliance – In addition to creating policies and procedures over compliance with provisions of federal awards, the City has implemented internal controls over such compliance, generally in the form of administrative oversight and/or independent review and approval. In order to document these control activities, all independent reviews must be signed/initialed and dated. Documentation – The City will maintain adequate documentation to support both the compliance with applicable requirements as well as internal controls over such compliance. This documentation will be provided to the City’s independent auditors and/or pass-through grantor agencies, as requested, during the single audit and program audits. 17 Activities Allowed/Un-allowed and Allowable Costs/Cost Principles Source of Governing Requirements – The requirements for activities allowed or un- allowed are contained in program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The requirements for allowable costs/cost principles are contained in 2 CFR 200 Subpart E, program legislation, Federal awarding agency regulations, and the terms and conditions or the award. In order to ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. All grant expenditures will follow 2 CFR 200 Subpart E, State law, city policy, and the provisions of the grant award agreement, which will also be considered in determining allowability. Grant funds will only be used for expenditures that are considered reasonable and necessary for the administration of the program. 2. Grant expenditures will be approved by department heads/program managers initially through the purchasing process and again when the bill or invoice is received. This will be evidenced by approval via the City’s accounting software. Accounts payable disbursements will not be processed for payment by the Finance Department until necessary approval has been obtained. 3. Payroll costs will be documented in accordance with 2 CFR 200 Subpart E as described in the section of this manual titled Payroll and Timekeeping. An indirect cost rate will only be charged to the grant to the extent that it was specifically approved through the grant budget/agreement. When allowable, indirect costs will be charged based on the Cost Allocation Plan of the City. Cash Management Source of Governing Requirements – The requirements for cash management are contained in OMB UG 2 CFR 200.302 & 305, program legislation, Federal awarding agency regulations, and the terms and conditions or the award. In order to ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. Substantially all the City’s grants are awarded on a reimbursement basis. As such, program costs will be expended and disbursed prior to requesting reimbursement from the grantor agency. 18 2. Cash draws will be initiated by the Finance Director or City Manager who will determine the appropriate draw amount. Documentation of how this amount was determined will be retained and signed/dated. 3. The physical draw of cash will be processed through SWIFT (Minnesota’s State- wide Integrated Financial Tools payment system) or through the means prescribed in the grant agreement. 4. Supporting documentation from SWIFT or a copy of the cash draw paperwork will be filed along with the approved paperwork described above and retained for audit purposes. 5. When cash is received in advance or drawn, the City will work to minimize time lapse between transfer of funds and disbursement by the City. Eligibility Source of Governing Requirements – The requirements for eligibility are contained in program legislation, Federal awarding agency regulations, and the terms and conditions of the award. 1. Federal grants will only benefit those individuals and/or groups of participants that are deemed to be eligible. Equipment and Real Property Management Source of Governing Requirements – The requirements for equipment are contained in OMB UG 2 CFR 200.310-316, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The following policies and procedures will also be applied, to the extent that they do not conflict with or contradict any existing Council policies: 1. All equipment will be used in the program for which it was acquired or, when appropriate and allowable, other federal programs. 2. When required, purchases of equipment will be pre-approved by the grantor or pass-through agency. The Finance Director, or designee will be responsible for ensuring that equipment purchases have been previously approved, if required, and will retain evidence of this approval. 19 3. Equipment records will be maintained, and an appropriate system shall be used to safeguard equipment. Equipment should be assigned to a program and physical location on the inventory. If such equipment is moved, it will be noted and adjusted in the City’s capital assets records. 4. When equipment is no longer needed for a federal program, it may be retained or sold with the Federal agency having a right to a proportionate amount of the current fair market value. Proper sales procedures shall be used that provide for competition to the extent practicable and result in the highest possible return. Procedures for Disposition of Equipment: 1. The City will keep, sell or otherwise dispose of the equipment with no further obligation unless disposal requirements are specifically detailed in the grant. 2. A record of the date, reason and method of disposal or sale will be maintained with the equipment inventory. Equipment purchased will be identified and kept in a capital asset listing. An equipment listing shall be maintained that includes the following: a. Asset number and description of the equipment b. Location of the equipment c. Depreciation method & years of expected life d. Acquisition date e. Cost of the equipment f. Equipment classification (land, building, equipment, etc.) g. Make, Model, & Serial number or other identification number h. Vendor and invoice number to purchase equipment i. Disposition data including date and sale price of the equipment A physical inventory of the property will be conducted periodically, and the results will be reconciled with the capital asset listing. A control system will be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage or theft will be investigated. Maintenance procedures are in place to keep the equipment in good condition. 20 Matching, Level of Effort and Earmarking Source of Governing Requirements – The requirements for matching are contained in OMB UG 2 CFR 200.306, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The requirements for level of effort and earmarking are contained in program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The City defines “matching”, “level of effort”, and “earmarking” consistent with the definitions of the OMB UG Compliance Supplement: Matching or cost sharing includes requirements to provide contributions (usually non- federal) or a specified amount or percentage of match federal awards. Matching may be in the form of allowable costs incurred or in-kind contributions (including third-party in- kind contributions). Level of effort includes requirements for (a) a specified level of service to be provided from period to period, (b) a specified level of expenditures from non-federal or federal sources for specified activities to be maintained from period to period, and (c) federal funds to supplement and not supplant non-federal funding of services. Earmarking includes requirements that specify the minimum and/or maximum amount of percentage of the program’s funding that must/may be used for specified activities, including funds provided to sub-recipients. Earmarking may also be specified in relation to the types of participants covered. In order to ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. Compliance with matching, level of effort and earmarking requirements will be the responsibility of the Finance Director. 2. Adequate documentation will be maintained to support compliance with matching, level of effort, and earmarking requirements. Such information will be made available to city administration, auditors, and pass-through or grantor agencies, as requested. 3. Maintenance of effort for grants through the State Minnesota will be determined at the State level. 21 Period of Performance Source of Governing Requirements – The requirements for period of performance of federal funds are contained in OMB UG 2 CFR 200.308-309 & 344, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. In order to ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. Costs will be charged to an award only if the obligation was incurred during the funding period (unless pre-approved by the Federal awarding agency or pass- through grantor agency). 2. All obligations will be liquidated not later than 120 days after the end of the funding period (or as specified by program legislation). 3. Compliance with period of performance requirements will initially be assigned to the individual approving the allowability of the expense/payment. This will be subject to review and approval by the Finance Department as part of the payment processing. Procurement, Suspension and Debarment Source of Governing Requirements – The requirements for procurement are contained in OMB UG and 2 CFR 180, program legislation, Federal awarding agency regulations and the terms and conditions of the award. The requirements for suspension and debarment are contained in OMB UG and 2 CFR 180, which implements Executive Orders 12549 and 12689, Debarment and Suspension; program legislation; Federal awarding agency regulations; and the terms and conditions of the award. In order to ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. Purchasing and procurement related to federal grants will be subject to the general policies and procedures of the City (described in the section of this manual titled Purchasing and Procurement). 2. Contract files will document the significant history of the procurement, including the rationale for the method of procurement, selection of the contract type, contractor selection or rejection and the basis of contract price. 22 3. The Finance Director will be responsible for determining whether the City is entering into a transaction that may be subject to suspension or debarment procedures and executing appropriate oversight and control activities at that time. The Finance Director, or designee thereof, is required to check for excluded parties at the System for Award Management (SAM) website: http://www.sam.gov/. Program Income Source of Governing Requirements – The requirements for program income are found in OMB UG 2 CFR 200.307, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. In order to ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. Program income will include (but will not be limited to): income from fees for services performed, the use or rental of real or personal property acquired with grant funds, the sale of commodities or items fabricated under a grant agreement, and payments of principal and interest on loans made with grant funds. It will not include interest on grant funds unless otherwise provided in the Federal awarding agency regulations or terms and conditions of the award. 2. The City will allow program income to be used in one of three methods: a. Deducted from outlays b. Added to the project budget c. Used to meet matching requirements In the absence of specific guidance in the Federal awarding agency regulations or the terms and conditions of the award, program income shall be deducted from program outlays. 3. Program income, when applicable, will be accounted for as a revenue source in the same project code as the federal grant. 23 Sub-recipient Monitoring The City will ensure that every subaward is clearly identified to the subrecipient as a subaward and includes the following information at the time of the subaward and, if any of these data elements change, include the changes in subsequent subaward modification. Required information includes: 1. Federal Award Identification. a. Subrecipient name (which must match the name associated with its unique entity identifier); b. Subrecipient's unique entity identifier; c. Federal Award Identification Number (FAIN); d. Federal Award Date (see §200.39 Federal award date) to the recipient by the Federal agency; e. Subaward Period of Performance Start and End Date; f. Amount of Federal Funds Obligated by this action by the pass-through entity to the subrecipient; g. Total Amount of Federal Funds Obligated to the subrecipient by the pass- through entity including the current obligation; h. Total Amount of the Federal Award committed to the subrecipient by the pass-through entity; i. Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA); j. Name of Federal awarding agency, pass-through entity, and contact information for awarding official of the Pass-through entity; k. Assistance Listing Number and Name; the pass-through entity must identify the dollar amount made available under each Federal award and the Assistance Listing Number at time of disbursement; l. Identification of whether the award is R&D; and m. Indirect cost rate for the Federal award (including if the de minimis rate is charged per §200.414 Indirect (F&A) costs). The City will perform a written risk assessment of each subrecipient, evaluating their risk of noncompliance with Federal statutes, regulations, and the terms and conditions of the subaward for purposes of determining the appropriate subrecipient monitoring described in 2 CFR 200.332. The City will monitor the activities of the subrecipient as necessary to ensure that the subaward is used for authorized purposes, in compliance with Federal statutes, 24 regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved. The City will verify that every subrecipient is audited as required by OMB UG 2 CFR 200 Subpart F when it is expected that the subrecipient's Federal awards expended during the respective fiscal year equaled or exceeded the threshold. Special Tests and Provisions In order to ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. The Finance Director will be assigned the responsibility for identifying financial- related compliance requirements for special tests and provisions, determining approved methods for compliance, and retaining any necessary documentation. Program-related compliance requirements will be the responsibility of the department administering the grant. Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. E. 3. Adopt Resolution No. 21-102 Accepting Donations for Ongoing Programs Prepared By Sue Virnig, Finance Director Summary This resolution is for acceptance of donations received from throughout the year for ongoing programs that are approved at year end. The period collected is December 8, 2020, through December 16, 2021. Due to the change in reporting, there are two reports for each ongoing program. The total for the Golden Valley Human Services is $15,600 and Noah Joynes Youth Recreation Fund is $600. Financial Or Budget Considerations None. Recommended Action Motion to adopt Resolution No. 21-102 Accepting Donations for Ongoing Programs. Supporting Documents •Resolution No. 21-102 Accepting Donations for Ongoing Programs (1 page) •Documentation for Golden Valley Human Services and Noah Joynes Youth Recreation Fund (13 pages) RESOLUTION NO. 21-102 RESOLUTION ACCEPTING DONATIONS FOR ONGOING PROGRAMS WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004, which amended the Donation/Gift policy; and amended with Resolution 20-44 on July 7, 2020, adding Noah Joynes Youth Recreation fund, 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 WHEREAS, cash donations sent to the Golden Valley Human Services Commission are from December 8, 2020 through December 16, 2021 are on Exhibit A and B, and WHEREAS, cash donations sent to the Noah Joynes Youth Recreation Fund are from December 8, 2020 through December 16, 2021 are on Exhibit C and Exhibit D; NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following donations: Adopted by the City Council of Golden Valley, Minnesota this 21st day of December, 2021. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Page: 1 of 7 VSI - GL Distribution (Dynamic) - GV Tuesday, December 8th, 2020 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Stephen Pesave 111317 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Jim French 111318 AR VSI-Recei Receivables svansloun 0.00 20.00 Wednesday, December 9th, 2020 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Janice Paulsen 111321 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Don Mleziva 111322 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Lois Zenk 111323 AR VSI-Recei Receivables svansloun 0.00 30.00 478000 2020.4780 Marsha Golob 111324 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Jamie Cochlan 111325 AR VSI-Recei Receivables svansloun 0.00 30.00 478000 2020.4780 Shep Harris 111326 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Iver Iverson 111327 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Queen Swenson 111328 AR VSI-Recei Receivables svansloun 0.00 30.00 478000 2020.4780 Dawn Laine 111329 AR VSI-Recei Receivables svansloun 0.00 100.00 478000 2020.4780 Stephen Harris 111330 AR VSI-Recei Receivables svansloun 0.00 5.00 478000 2020.4780 Stephen Harris 111330 AR VSI-Recei Receivables svansloun 0.00 10.00 478000 2020.4780 James Leith 111331 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Jeffery Silver 111332 AR VSI-Recei Receivables svansloun 0.00 5.00 478000 2020.4780 Jeffery Silver 111332 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Sandy Witebsky 111333 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Elaine Robashki 111334 AR VSI-Recei Receivables svansloun 0.00 5.00 478000 2020.4780 Elaine Robashki 111334 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Tami Smith 111335 AR VSI-Recei Receivables svansloun 0.00 5.00 478000 2020.4780 Tami Smith 111335 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Kathleen Braun- 111336 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Barbara Personi 111337 AR VSI-Recei Receivables svansloun 0.00 10.00 478000 2020.4780 Sharon Soike 111338 AR VSI-Recei Receivables svansloun 0.00 30.00 478000 2020.4780 Jean Beach 111339 AR VSI-Recei Receivables svansloun 0.00 100.00 478000 2020.4780 Glen Eiden 111340 AR VSI-Recei Receivables svansloun 0.00 30.00 478000 2020.4780 Jerry Swenson 111341 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Ellen Hughes 111342 AR VSI-Recei Receivables svansloun 0.00 30.00 478000 2020.4780 Joseph Leveron 111343 AR VSI-Recei Receivables svansloun 0.00 100.00 478000 2020.4780 Alice Hinnenka 111344 AR VSI-Recei Receivables svansloun 0.00 30.00 Thursday, December 10th, 2020 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Madhavi Deshp 111353 AR VSI-Recei Receivables svansloun 0.00 30.00 478000 2020.4780 Catherine McInti 111354 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Janet Heidinger 111355 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Patricia Hoyt 111356 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 David Grote 111357 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Alan Ingber 111358 AR VSI-Recei Receivables svansloun 0.00 5.00 478000 2020.4780 Alan Ingber 111358 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Heather Bjork 111359 AR VSI-Recei Receivables svansloun 0.00 30.00 478000 2020.4780 Gordon Beavers 111360 AR VSI-Recei Receivables svansloun 0.00 40.00 478000 2020.4780 Deane Kishel 111361 AR VSI-Recei Receivables svansloun 0.00 150.00 478000 2020.4780 Carolyn Anders 111362 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Paula Anderson 111363 AR VSI-Recei Receivables svansloun 0.00 500.00 478000 2020.4780 Robert Shaffer 111364 AR VSI-Recei Receivables svansloun 0.00 100.00 478000 2020.4780 Susan Miller 111365 AR VSI-Recei Receivables svansloun 0.00 150.00 478000 2020.4780 Joan Russell 111366 AR VSI-Recei Receivables svansloun 0.00 10.00 478000 2020.4780 Suzann Swagge 111367 AR VSI-Recei Receivables svansloun 0.00 5.00 478000 2020.4780 Suzann Swagge 111367 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Jim Elert 111368 AR VSI-Recei Receivables svansloun 0.00 30.00 City of Golden Valley User: svansloun Run Date/Time: 12/17/2021 @ 8:27 am Page: 2 of 7 VSI - GL Distribution (Dynamic) - GV Thursday, December 10th, 2020 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Delphine Arme 111369 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Lorraine Meyer 111370 AR VSI-Recei Receivables svansloun 0.00 10.00 478000 2020.4780 Bruce Anderson 111371 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Carolyn Fiterma 111372 AR VSI-Recei Receivables svansloun 0.00 250.00 478000 2020.4780 Helen Moser 111373 AR VSI-Recei Receivables svansloun 0.00 100.00 478000 2020.4780 George Oelfke 111374 AR VSI-Recei Receivables svansloun 0.00 10.00 478000 2020.4780 Dennis Flom 111375 AR VSI-Recei Receivables svansloun 0.00 10.00 478000 2020.4780 Sandy Poferl 111376 AR VSI-Recei Receivables svansloun 0.00 100.00 478000 2020.4780 Barbara Paterso 111377 AR VSI-Recei Receivables svansloun 0.00 10.00 478000 2020.4780 Donovan Juliar 111378 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Shaun Maasch 111379 AR VSI-Recei Receivables svansloun 0.00 30.00 478000 2020.4780 Mary Ann Camp 111380 AR VSI-Recei Receivables svansloun 0.00 5.00 478000 2020.4780 Mary Ann Camp 111380 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Vivian Nelson 111381 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Martin Lipschult 111382 AR VSI-Recei Receivables svansloun 0.00 100.00 478000 2020.4780 Virginia Kukkola 111383 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 David Kuball 111384 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Tony La Plante 111385 AR VSI-Recei Receivables svansloun 0.00 200.00 478000 2020.4780 Donna Ostdiek 111386 AR VSI-Recei Receivables WWW 0.00 100.00 Saturday, December 12th, 2020 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Helen Stefan 111394 AR VSI-Recei Receivables WWW 0.00 50.00 Tuesday, December 15th, 2020 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Pat Dale 111398 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Mary Sanford 111399 AR VSI-Recei Receivables svansloun 0.00 30.00 478000 2020.4780 Gladys Williams 111400 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Jean Rose 111401 AR VSI-Recei Receivables svansloun 0.00 10.00 478000 2020.4780 Dale Petersen 111402 AR VSI-Recei Receivables svansloun 0.00 100.00 478000 2020.4780 charles ryan 111403 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Dennis Gustner 111404 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Trudy Lerner 111405 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Tim Rice 111406 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Martin Virshek 111407 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Steven Savitt 111408 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Karsin Bailey 111409 AR VSI-Recei Receivables svansloun 0.00 5.00 478000 2020.4780 Karsin Bailey 111409 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Elaine Reiss 111410 AR VSI-Recei Receivables svansloun 0.00 30.00 478000 2020.4780 Steven Shapiro 111411 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Tim Cope 111412 AR VSI-Recei Receivables svansloun 0.00 30.00 478000 2020.4780 Dennis Johnson 111413 AR VSI-Recei Receivables svansloun 0.00 10.00 Monday, December 21st, 2020 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Daniel Makey 111429 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Kathy Skalitzky 111430 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Larry Fonnest 111431 AR VSI-Recei Receivables svansloun 0.00 100.00 478000 2020.4780 Grace Belsaas 111432 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Wanda Cline 111433 AR VSI-Recei Receivables svansloun 0.00 50.00 City of Golden Valley User: svansloun Run Date/Time: 12/17/2021 @ 8:27 am Page: 3 of 7 VSI - GL Distribution (Dynamic) - GV Monday, December 21st, 2020 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Steven Schmidg 111434 AR VSI-Recei Receivables svansloun 0.00 30.00 478000 2020.4780 Barry Schaub 111435 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Jan Hetland 111437 AR VSI-Recei Receivables svansloun 0.00 30.00 478000 2020.4780 Charles Myers 111438 AR VSI-Recei Receivables svansloun 0.00 5.00 478000 2020.4780 Charles Myers 111438 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Ramesh Sukhra 111439 AR VSI-Recei Receivables svansloun 0.00 5.00 478000 2020.4780 Ramesh Sukhra 111439 AR VSI-Recei Receivables svansloun 0.00 20.00 Monday, December 28th, 2020 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Joe Pitzl 111449 AR VSI-Recei Receivables svansloun 0.00 100.00 Tuesday, December 29th, 2020 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Susan Anderson 111452 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Tom Loerzel 111453 AR VSI-Recei Receivables svansloun 0.00 30.00 Wednesday, December 30th, 2020 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Lynn Hochhaus 111455 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Jim Sherburne 111456 AR VSI-Recei Receivables svansloun 0.00 30.00 478000 2020.4780 Dick Grefe 111457 AR VSI-Recei Receivables svansloun 0.00 200.00 478000 2020.4780 Marti Micks 111458 AR VSI-Recei Receivables svansloun 0.00 30.00 478000 2020.4780 Alexander Naza 111459 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Gerald Martinso 111460 AR VSI-Recei Receivables svansloun 0.00 30.00 478000 2020.4780 Nancy Hannan 111461 AR VSI-Recei Receivables svansloun 0.00 30.00 478000 2020.4780 Kathleen Schmit 111462 AR VSI-Recei Receivables svansloun 0.00 200.00 478000 2020.4780 Jodie Meyer 111463 AR VSI-Recei Receivables svansloun 0.00 75.00 478000 2020.4780 Jodie Meyer 111463 AR VSI-Recei Receivables svansloun 0.00 100.00 478000 2020.4780 Robert Wheeler 111464 AR VSI-Recei Receivables svansloun 0.00 30.00 478000 2020.4780 Paul Beneke 111465 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 James Lien 111466 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Heidi Schweiger 111467 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Arlene Freeberg 111468 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Pamela Berven 111469 AR VSI-Recei Receivables svansloun 0.00 30.00 478000 2020.4780 Sheva Sanders 111470 AR VSI-Recei Receivables svansloun 0.00 100.00 478000 2020.4780 Tootz Vodovoz 111471 AR VSI-Recei Receivables svansloun 0.00 100.00 478000 2020.4780 Stephanie Land 111472 AR VSI-Recei Receivables svansloun 0.00 30.00 478000 2020.4780 Mark Ziessman 111473 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Trudy Hoag 111475 AR VSI-Recei Receivables svansloun 0.00 30.00 478000 2020.4780 Debra Rappapor 111476 AR VSI-Recei Receivables svansloun 0.00 500.00 Thursday, December 31st, 2020 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 John Lucas 111478 AR VSI-Recei Receivables svansloun 0.00 100.00 478000 2020.4780 Mary Quirk 111479 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Laura Kehrberg 111480 AR VSI-Recei Receivables svansloun 0.00 250.00 478000 2020.4780 Suzanne Herber 111481 AR VSI-Recei Receivables svansloun 0.00 50.00 City of Golden Valley User: svansloun Run Date/Time: 12/17/2021 @ 8:27 am Page: 4 of 7 VSI - GL Distribution (Dynamic) - GV Thursday, December 31st, 2020 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Dwayne King 111482 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Bridget Burke 111483 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Kathy Rogers 111484 AR VSI-Recei Receivables svansloun 0.00 100.00 478000 2020.4780 Christopher Rob 111485 AR VSI-Recei Receivables svansloun 0.00 100.00 478000 2020.4780 John Armstrong 111486 AR VSI-Recei Receivables WWW 0.00 50.00 Monday, January 11th, 2021 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Charles Meitzne 111511 AR VSI-Recei Receivables svansloun 0.00 10.00 478000 2020.4780 Joyce Mainerich 111512 AR VSI-Recei Receivables svansloun 0.00 25.00 478000 2020.4780 Mary Jane Heds 111513 AR VSI-Recei Receivables svansloun 0.00 150.00 478000 2020.4780 Deborah Eisenst 111514 AR VSI-Recei Receivables svansloun 0.00 30.00 Tuesday, January 19th, 2021 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Howard Schwart 111598 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Virginia Harn 111599 AR VSI-Recei Receivables svansloun 0.00 100.00 478000 2020.4780 Joy Dienst 111600 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Daniel Brewer 111601 AR VSI-Recei Receivables svansloun 0.00 5.00 478000 2020.4780 Daniel Brewer 111601 AR VSI-Recei Receivables svansloun 0.00 10.00 478000 2020.4780 Daniel Brewer 111601 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 James Johnson 111602 AR VSI-Recei Receivables svansloun 0.00 100.00 478000 2020.4780 James Johnson 111602 AR VSI-Recei Receivables svansloun 0.00 200.00 478000 2020.4780 Dan Cragg 111603 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 Katherine Sobie 111604 AR VSI-Recei Receivables svansloun 0.00 30.00 478000 2020.4780 Earl Hoffman 111605 AR VSI-Recei Receivables svansloun 0.00 20.00 478000 2020.4780 R.K. Noren 111606 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Douglas Diedric 111607 AR VSI-Recei Receivables svansloun 0.00 250.00 Friday, January 29th, 2021 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Julie Theiringer 111674 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Jeanne Mohler 111675 AR VSI-Recei Receivables svansloun 0.00 100.00 Monday, February 1st, 2021 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Catherine Mame 111686 AR VSI-Recei Receivables svansloun 0.00 50.00 Monday, February 8th, 2021 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Jim Bernard 111728 AR VSI-Recei Receivables svansloun 0.00 60.00 City of Golden Valley User: svansloun Run Date/Time: 12/17/2021 @ 8:27 am Page: 5 of 7 VSI - GL Distribution (Dynamic) - GV Thursday, February 18th, 2021 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Ronald Jones 111805 AR VSI-Recei Receivables svansloun 0.00 30.00 478000 2020.4780 Marion Hall 111806 AR VSI-Recei Receivables svansloun 0.00 40.00 478000 2020.4780 Bonnie Ostlund 111807 AR VSI-Recei Receivables svansloun 0.00 50.00 Thursday, March 18th, 2021 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Janice Kleven 112114 AR VSI-Recei Receivables svansloun 0.00 100.00 478000 2020.4780 Beth Lilja 112115 AR VSI-Recei Receivables svansloun 0.00 100.00 Wednesday, April 7th, 2021 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Penny Thompso 112348 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Rebecca Kopp 112351 AR VSI-Recei Receivables svansloun 0.00 30.00 Thursday, May 13th, 2021 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Mibs Pearson 113213 AR VSI-Recei Receivables svansloun 0.00 25.00 478000 2020.4780 Wayne Keplinge 113215 AR VSI-Recei Receivables svansloun 0.00 100.00 478000 2020.4780 Wayne Keplinge 113215 AR VSI-Recei Receivables svansloun 0.00 200.00 478000 2020.4780 Pamela Berven 113216 AR VSI-Recei Receivables svansloun 0.00 50.00 478000 2020.4780 Peggy Leppik 113217 AR VSI-Recei Receivables svansloun 0.00 500.00 478000 2020.4780 Nina DiAngelis 113218 AR VSI-Recei Receivables svansloun 0.00 100.00 Friday, June 4th, 2021 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Gloria Erickson 113843 AR VSI-Recei Receivables dostdiek 0.00 100.00 478000 2020.4780 Emmett F. Carp 113844 AR VSI-Recei Receivables dostdiek 0.00 50.00 Thursday, July 1st, 2021 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Anne M.C. Graw 114718 AR VSI-Recei Receivables Kwiinikainen 0.00 100.00 Tuesday, July 27th, 2021 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Andrew Plowma 115431 AR VSI-Recei Receivables Kwiinikainen 0.00 500.00 Thursday, September 2nd, 2021 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Steven Savitt 116641 AR VSI-Recei Receivables Kwiinikainen 0.00 200.00 City of Golden Valley User: svansloun Run Date/Time: 12/17/2021 @ 8:27 am Page: 6 of 7 VSI - GL Distribution (Dynamic) - GV Thursday, September 2nd, 2021 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt Monday, December 6th, 2021 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Patrick O'Rourk 120648 AR VSI-Recei Receivables Kwiinikainen 0.00 50.00 Wednesday, December 8th, 2021 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Kendall Powell 120764 AR VSI-Recei Receivables Kwiinikainen 0.00 100.00 478000 2020.4780 Judith Kenow 120769 AR VSI-Recei Receivables Kwiinikainen 0.00 10.00 478000 2020.4780 Serpil Anderson 120770 AR VSI-Recei Receivables Kwiinikainen 0.00 30.00 478000 2020.4780 Robert Korstad 120771 AR VSI-Recei Receivables Kwiinikainen 0.00 25.00 478000 2020.4780 Daniel Johnson 120772 AR VSI-Recei Receivables Kwiinikainen 0.00 50.00 478000 2020.4780 Arlene Dietz 120776 AR VSI-Recei Receivables Kwiinikainen 0.00 20.00 478000 2020.4780 Alysa More 120787 AR VSI-Recei Receivables Kwiinikainen 0.00 50.00 Thursday, December 9th, 2021 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Karen Olson 120875 AR VSI-Recei Receivables Kwiinikainen 0.00 20.00 478000 2020.4780 Michelle Pelzek 120880 AR VSI-Recei Receivables Kwiinikainen 0.00 20.00 478000 2020.4780 Eileen Silver 120882 AR VSI-Recei Receivables Kwiinikainen 0.00 20.00 478000 2020.4780 Ardith Eiden 120889 AR VSI-Recei Receivables Kwiinikainen 0.00 30.00 Friday, December 10th, 2021 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Barbara Held 120957 AR VSI-Recei Receivables Kwiinikainen 0.00 25.00 Monday, December 13th, 2021 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Dana Swindler 121147 AR VSI-Recei Receivables Kwiinikainen 0.00 200.00 478000 2020.4780 David Beeson 121148 AR VSI-Recei Receivables Kwiinikainen 0.00 30.00 478000 2020.4780 Stanford Kaplan 121149 AR VSI-Recei Receivables Kwiinikainen 0.00 30.00 478000 2020.4780 Les Bergh 121150 AR VSI-Recei Receivables Kwiinikainen 0.00 20.00 Tuesday, December 14th, 2021 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Fern Keniston 121218 AR VSI-Recei Receivables Kwiinikainen 0.00 20.00 478000 2020.4780 Barbara Hoffma 121228 AR VSI-Recei Receivables Kwiinikainen 0.00 20.00 478000 2020.4780 Maria Johnson 121230 AR VSI-Recei Receivables Kwiinikainen 0.00 50.00 City of Golden Valley User: svansloun Run Date/Time: 12/17/2021 @ 8:27 am Page: 7 of 7 VSI - GL Distribution (Dynamic) - GV Wednesday, December 15th, 2021 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Cam Siedschlag 121296 AR VSI-Recei Receivables Kwiinikainen 0.00 20.00 478000 2020.4780 J. DeRlippo 121297 AR VSI-Recei Receivables Kwiinikainen 0.00 20.00 478000 2020.4780 Elizabeth Sandb 121298 AR VSI-Recei Receivables Kwiinikainen 0.00 50.00 Thursday, December 16th, 2021 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 478000 2020.4780 Linda Estrin 121357 AR VSI-Recei Receivables Kwiinikainen 0.00 20.00 478000 2020.4780 Les Freeberg 121358 AR VSI-Recei Receivables Kwiinikainen 0.00 20.00 478000 2020.4780 John Blomquist 121359 AR VSI-Recei Receivables Kwiinikainen 0.00 20.00 Report Summary Totals Pay Code DR Amt CR Amt Net Amt VSI-Receivables 0.00 11,830.00 11,830.00 Pay Code Total 0.00 11,830.00 11,830.00 Module DR Amt CR Amt Net Amt AR 0.00 11,830.00 11,830.00 Module Total 0.00 11,830.00 11,830.00 Total Net Amount: 11,830.00 City of Golden Valley User: svansloun Run Date/Time: 12/17/2021 @ 8:27 am Page: 1 of 3 GVHSF Donations - Names only Service Item Date Receipt #User Quantity Fee Amt Disc Amt Tax Amt Net Fees GVHSF Donation 10/22/2021 117977 WWW 1 50.00 0.00 0.00 50.00 Name David Kelly 12/04/2021 120506 WWW 1 25.00 0.00 0.00 25.00 Name John and Gwen Daniels 12/05/2021 120577 WWW 1 20.00 0.00 0.00 20.00 Name Shep Harris 12/06/2021 120609 WWW 1 100.00 0.00 0.00 100.00 Name Donna & John Ostdiek 12/06/2021 120635 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Daniel and Kimberly Makey 12/06/2021 120647 Kwiinikainen 1 15.00 0.00 0.00 15.00 Name Grace Belsaas 12/08/2021 120748 dostdiek 1 100.00 0.00 0.00 100.00 Name John & Hilary Toren 12/08/2021 120749 dostdiek 1 100.00 0.00 0.00 100.00 Name J. Chapman 12/08/2021 120751 dostdiek 1 20.00 0.00 0.00 20.00 Name Allen Gruidl 12/08/2021 120752 dostdiek 1 55.00 0.00 0.00 55.00 Name Steve & Bonnie Heller 12/08/2021 120766 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Barbara Courey 12/08/2021 120768 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Douglas Spaulding 12/08/2021 120774 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Steven Shapiro 12/08/2021 120778 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Jerry Swenson 12/08/2021 120780 Kwiinikainen 1 25.00 0.00 0.00 25.00 Name Lynn and Mark Hochhauser 12/08/2021 120783 Kwiinikainen 1 75.00 0.00 0.00 75.00 Name Kathy A. Davis 12/08/2021 120785 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Delphine Arme 12/09/2021 120867 dostdiek 1 30.00 0.00 0.00 30.00 Name LuVerne Erickson 12/09/2021 120868 dostdiek 1 50.00 0.00 0.00 50.00 Name Joseph Leverone 12/09/2021 120869 dostdiek 1 50.00 0.00 0.00 50.00 Name Deborah Eisenstadt 12/09/2021 120870 dostdiek 1 20.00 0.00 0.00 20.00 Name Don & delores Schnack City of Golden Valley User: svansloun Run Date/Time: 12/17/2021 @ 8:40 am Page: 2 of 3 GVHSF Donations - Names only Service Item Date Receipt #User Quantity Fee Amt Disc Amt Tax Amt Net Fees GVHSF Donation 12/09/2021 120871 dostdiek 1 30.00 0.00 0.00 30.00 Name Gerald Martinson 12/09/2021 120874 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name Ellen Hughes 12/09/2021 120877 Kwiinikainen 1 1,000.00 0.00 0.00 1,000.00 Name Carolyn D. FIterman 12/09/2021 120879 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Martha Micks 12/09/2021 120884 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name Barbara Anderson 12/09/2021 120886 Kwiinikainen 1 15.00 0.00 0.00 15.00 Name Barbara and James French 12/09/2021 120888 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name Joan Dorman 12/09/2021 120891 Kwiinikainen 1 75.00 0.00 0.00 75.00 Name James B. Bernard 12/09/2021 120893 Kwiinikainen 1 10.00 0.00 0.00 10.00 Name Jean Rose 12/10/2021 120951 WWW 1 100.00 0.00 0.00 100.00 Name Jessica Swenson 12/10/2021 120954 Kwiinikainen 1 40.00 0.00 0.00 40.00 Name Janet and Gordon Beavers 12/10/2021 120956 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Gerald and Joellyn Laurie 12/13/2021 121092 dostdiek 1 25.00 0.00 0.00 25.00 Name Mariann Nelson 12/13/2021 121093 dostdiek 1 25.00 0.00 0.00 25.00 Name Pierre Girard 12/13/2021 121094 dostdiek 1 15.00 0.00 0.00 15.00 Name Catherine McIntire 12/13/2021 121095 dostdiek 1 200.00 0.00 0.00 200.00 Name James & Kathleen Johnson 12/13/2021 121096 dostdiek 1 30.00 0.00 0.00 30.00 Name Steven Schmidgall 12/13/2021 121097 dostdiek 1 20.00 0.00 0.00 20.00 Name Arlene Berus 12/13/2021 121115 dostdiek 1 10.00 0.00 0.00 10.00 Name Dennis Flom 12/13/2021 121116 dostdiek 1 30.00 0.00 0.00 30.00 Name Colleen Michals 12/13/2021 121118 dostdiek 1 20.00 0.00 0.00 20.00 City of Golden Valley User: svansloun Run Date/Time: 12/17/2021 @ 8:40 am Page: 3 of 3 GVHSF Donations - Names only Service Item Date Receipt #User Quantity Fee Amt Disc Amt Tax Amt Net Fees Name Joyce Mainerich GVHSF Donation 12/13/2021 121119 dostdiek 1 500.00 0.00 0.00 500.00 Name James Uttley 12/13/2021 121120 dostdiek 1 20.00 0.00 0.00 20.00 Name David & Debra Allen 12/13/2021 121121 dostdiek 1 30.00 0.00 0.00 30.00 Name Catherine Mamer 12/13/2021 121123 dostdiek 1 40.00 0.00 0.00 40.00 Name Lillian Berman 12/14/2021 121232 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Virginia Kukkola 12/14/2021 121234 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Roxy Benthin 12/15/2021 121302 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Heather Bjork 12/15/2021 121304 Kwiinikainen 1 10.00 0.00 0.00 10.00 Name Charles Ryan 12/15/2021 121306 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Jean and Allen Beach 12/16/2021 121355 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Bruce Anderson 3,770.00 0.00 0.00 52 3,770.00 Report Grand Totals 3,770.00 0.00 0.00 52 3,770.00 Report Summary Totals Total Transactions: 52 Service Items with a Transaction: 1 City of Golden Valley User: svansloun Run Date/Time: 12/17/2021 @ 8:40 am Page: 1 of 1 GVHSF Donations - Names only Service Item Date Receipt #User Quantity Fee Amt Disc Amt Tax Amt Net Fees Tax Deductible Donation For Noah Joynes 12/08/2020 111316 svansloun 1 100.00 0.00 0.00 100.00 Name Ann Klaas 12/30/2020 111474 svansloun 1 100.00 0.00 0.00 100.00 Name Rick Birno 07/16/2021 115147 dostdiek 1 100.00 0.00 0.00 100.00 Name Donald & Donna Taylor 10/15/2021 117797 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Rick Birno 10/22/2021 117977 WWW 1 50.00 0.00 0.00 50.00 Name David Kelly 450.00 0.00 0.00 5 450.00 Report Grand Totals 450.00 0.00 0.00 5 450.00 Report Summary Totals Total Transactions: 5 Service Items with a Transaction: 1 City of Golden Valley User: svansloun Run Date/Time: 12/17/2021 @ 8:54 am Page: 1 of 2 VSI - GL Distribution (Dynamic) - GV Tuesday, January 26th, 2021 GL Code Account #Name Rcpt #Mod Pay Code Txn Reference User Name DR Amt CR Amt 477200 2025.4772 Anne Burns 111663 AR VSI-Recei Receivables svansloun 0.00 150.00 Report Summary Totals Pay Code DR Amt CR Amt Net Amt VSI-Receivables 0.00 150.00 150.00 Pay Code Total 0.00 150.00 150.00 Module DR Amt CR Amt Net Amt AR 0.00 150.00 150.00 Module Total 0.00 150.00 150.00 Total Net Amount: 150.00 City of Golden Valley User: svansloun Run Date/Time: 12/17/2021 @ 8:52 am Page: 2 of 2 VSI - GL Distribution (Dynamic) - GV SELECTION CRITERIA GENERIC REPORT CRITERIA Output Template:VSI - GL Distribution (Dynamic) - GV Output Type:Detail Email Address:svirnig@goldenvalleymn.gov Email Subject:NJYRF Donations - Activity Registration PDF:Yes Email Report:yes Print Selection Criteria:Yes CSV Summary Option:Raw Data REPORT SPECIFIC CRITERIA Modules To Include (Blank = All):AR Service Items:Tax Deductible Donation For Noah Joynes Youth Recreation Fund Sections:Z108_A :Using the filters in this group may result in some records not being printed on your report. When using any of the GL Codes:477200 Pay Codes:VSI-System,VSI-Refund RecTrac,VSI-Refund Finance,VSI-Receivables,VSI-Accrual,1 - Cash,2 - Check,3 - Visa, Change Back Option:Exclude Begin PayCode: Begin Service Item: Begin UserName: Begin Inventory Item: Begin Facility: Begin Cost Center: Begin Pass: Begin Trip: Begin Locker: Begin Rental Item Code: Exclude Over/Short Postings:No Begin League: Begin Ticket: End UserName:zzzzzzzz End Inventory Item:ZZZZZZZZZ End PayCode:ZZZZZZ End Cost Center:ZZZZZZ End Pass:ZZZZZZ End Rental Item Code:ZZZZZZ End Ticket:ZZZZZZZZZ End Service Item:ZZZZZZZZZ End Locker:ZZZZZZ End League:ZZZZZZ End Trip:ZZZZZZZ End Facility:ZZZZZZZZZ Debit/Credit:Credit Begin Posting Date:12/08/2020 - Actual Date|12/08/2020 End Posting Date:12/16/2021 - Actual Date|12/16/2021 City of Golden Valley User: svansloun Run Date/Time: 12/17/2021 @ 8:52 am Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. E. 4. Approve Accepting Donations of $50 and two books from the LDI, Resolution No. 21-103 Prepared By Sue Virnig, Finance Director Summary The City of Golden Valley received two books and two checks for $25 each. It was a gratitude gift as they referred to it to acknowledge heroes around us. They wanted to show their appreciation with this donation to help in any way. A resolution will need to be approved per Minnesota Statute 465.03 which allows cities to accept grants and donations of real or personal property. Financial Or Budget Considerations The donation of $50 will help fund needs in the General Fund and the two books will be placed in the Noah Joynes Library at The Backyard. Recommended Action Motion to adopt Resolution No. 21-103 Accepting a Donation of $50 and two books from LDI. Supporting Documents • Resolution No. 21-103 Approve Accepting a Donation of $50 and two books (1 page) RESOLUTION NO. 21-103 RESOLUTION ACCEPTING THE DONATION OF $50 AND TWO BOOKS FROM THE LDI 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, and WHEREAS, the donation of monies to help further the need for hearo acts and two books to help share special acts of courage and hope. NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following donations on behalf of its citizens: • $50 • Two books Adopted by the City Council of Golden Valley, Minnesota this 21st day of December 2021. ___________________________________________________ Shepard M. Harris, Mayor ATTEST: _______________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. E. 5. Approve Resolution No. 21-104 Accepting the Redistribution of Unrequested Coronavirus Local Fiscal Recovery Fund Established under the American Rescue Plan Act (ARPA) Prepared By Sue Virnig, Finance Director Summary The City of Golden Valley was first awarded $2,315,911 from the American Rescue Plan Act Funds (ARPA). On November 22, Golden Valley received an additional amount of $37,919.86. Those monies were from the Minnesota cities that did not request grant monies from the program. The first half funds arrived July 27. The second half funds should arrive one year later or July 27, 2022. Unlike the CRF funds through the CARES Act, these funds are available through December 31, 2024. Staff will keep reviewing the US Treasury guidance because they do periodically add new items. Staff has attended many meetings where discussions on what can be funded by the monies received. Each project will be brought back to council and approved before the monies are spent. Financial Or Budget Considerations All projects spending over $10,000 in total will need to be approved by Council per federal guidelines. Recommended Action Approve Resolution No. 21-104 Accepting the Redistribution of Unrequested Coronavirus Local Fiscal Recovery Fund Established under the American Rescue Plan Act (ARPA) Supporting Documents • Resolution No. 21-104 Accepting the Redistribution of Unrequested Coronavirus Local Fiscal Recovery Fund Established under the American Rescue Plan Act (ARPA) (1 page) RESOLUTION NO. 21-104 RESOLUTION ACCEPTING THE REDISTRIBUTION OF UNREQUESTED CORONAVIRUS LOCAL FISCAL RECOVERY FUND ESTABLISHED UNDER THE AMERICAN RESCUE PLAN ACT (ARPA) WHEREAS, Congress adopted the American Rescue Plan Act in March 2021 (“ARPA”) which included $65 billion in recovery funds for cities across the country; and WHEREAS, ARPA funds are intended to provide support to state, local, and tribal governments in responding to the impact of COVID-19 and in their efforts to contain COVID-19 in their communities, residents, and businesses; and WHEREAS, The Fiscal Recovery Funds provides for $19.53 billion in payments to be made to States and territories which will distribute the funds to nonentitlement units of local government (NEUs); and WHEREAS, NEUs generally have populations below 50,000; and WHEREAS, The ARPA requires that States and territories allocate funding to NEUs in an amount that bears the same proportion as the population of the NEU bears to the total population of all NEUs in the State or territory; and WHEREAS, after the deadline of October 11, 2021, passed for NEUs to request ARPA funds, nearly $12 million of the $377 million available to Minnesota’s NEUs remained unrequested; and WHEREAS, as allowed by the U.S. Treasury, the State of Minnesota has redistributed these remaining funds amongst eligible local governments who requested ARPA funds; and WHEREAS, $37,919.86 has been allocated to the City of Golden Valley (“City”) pursuant to the ARPA (Redistribution); and WHEREAS, the Redistribution will be distributed in two tranches with half received in 2021 and the second half in 2022. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that grant funds will be used for those allowed expenditures by the US Treasury. Adopted by the City Council of Golden Valley, Minnesota this 21st day of December 2021. ______________________________ Shepard M. Harris, Mayor ATTEST: ______________________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. E. 6. Approve Resolution No. 21-105 Resolution Allocating American Rescue Plan Act (ARPA) Monies for Tourism Prepared By Sue Virnig, Finance Director Summary On September 21, 2021, the City Council reviewed a plan for its American Rescue Plan (ARPA) funds and supported two expenditures: $15,000 for Discover Saint Louis Park (DSLP) that promotes tourism to the City of Golden Valley. The City’s reduction in lodging tax created a decline in revenues to help support the business that promotes businesses and events that bring people into the City of Golden Valley. $5,000 for Golden Valley Historical Society that promotes find, preserve, and disseminate historical knowledge about Golden Valley. The museum was closed for several months and was unable to have events to help raise money for their expenses. Golden Valley’s history is very important to the livelihood of the community. Financial Or Budget Considerations The federal monies received from ARPA will be used for these expenditures. Recommended Action Approve Resolution No. 21-105 Allocating American Rescue Plan Act monies for those that help Tourism. Supporting Documents • Resolution No. 21-105 Allocating American Rescue Plan Act (ARPA) monies for those that help Tourism (1 page) RESOLUTION NO. 21-105 RESOLUTION ALLOCATING AMERICAN RESCUE PLAN ACT (ARPA) MONIES FOR THOSE THAT HELP TOURISM WHEREAS, the City of Golden Valley has been allocated American Rescue Plan Act (ARPA) Monies; and WHEREAS, ARPA funds are intended to provide support to state, local, and tribal governments in responding to the impact of COVID-19 and in their efforts to contain COVID-19 in their communities, residents, and businesses; and WHEREAS, aid to provided tourism, travel and hospitality industries impacted by the negative economic impacts of the pandemic; and WHEREAS, the City of Golden Valley, may allocate grant monies to the following places that help tourism: Discover Saint Louis Park (DSLP) $15,000 Golden Valley Historical Society (Museum) $5,000 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that grant funds will be used for those allowed expenditures by the US Treasury. Adopted by the City Council of Golden Valley, Minnesota this 21st day of December 2021. __________________________________ Shepard M. Harris, Mayor ATTEST: _______________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. E. 7. Resolution No. 21-106 Allocating American Rescue Plan Act (ARPA) funds to Brookview Facility Prepared By Sue Virnig, Finance Director Summary On July 27, 2021, the City of Golden Valley received the first half of the ARPA funds in the amount of $1,157,955, which is the first half of $2,319,911 in Coronavirus Local Fiscal Recovery Funds the City was allocated under the American Rescue Plan Act. In November the unallocated portion added $37,920 additional funds. The second half of the ARPA funds in July 2022 will be $1,195,875. The guidance for eligible uses includes: 1. Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control; 2. Replace lost public sector revenue to strengthen support for vital public services and help retain jobs; 3. Support immediate economic stabilization for households and businesses; and, 4. Address systemic public health and economic challenges that have contributed to the inequal impact of the pandemic on certain populations. As authorized by the Act, the City has utilized these funds for lost revenue, The formula for lost revenue is determined by Treasury guidance and is based on total city revenues (excluding utility revenues, federal grants, and bond proceeds). The formula considers a growth rate factor determined by the previous four years (2016, 2017, 2018, 2019) and applies it to the base year (2019) to calculate expected revenue and compares it to actual revenues for the calendar year’s 2020, 2021, 2022 and 2023. See attachment. The guidance provides a broad latitude to use funds for the provision of government services to the extent of reduction in revenue. Government services, however, does exclude debt payments, replenishing reserve funds or programs that require non-federal matching funds. Financial Or Budget Considerations ARPA Funds may be used by the Treasury Guidance criteria set by the Federal Government. With the loss revenue calculation calculated above the allowable minimum shows that Golden Valley has been impacted by the pandemic. 2 Recommended Action Motion to approve Resolution No. 21-106 Allocating American Rescue Plan Act (ARPA) funds to Brookview Facility. Supporting Documents • Resolution No. 21-106 Allocating American Rescue Plan Act (ARPA) Funds for Brookview Facility • American Rescue Plan Revenue Loss Calculation (1 page) RESOLUTION NO. 21-106 RESOLUTION ALLOCATING AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FOR BROOKVIEW FACILITY WHEREAS, the City of Golden Valley has been allocated American Rescue Plan Act (ARPA) Monies; and WHEREAS, ARPA funds are intended to provide support to state, local, and tribal governments in responding to the impact of COVID-19 and in their efforts to contain COVID-19 in their communities, residents, and businesses; and WHEREAS, in 2020 and through mid-2021 the Brookview Facility remained closed due to the pandemic; and WHEREAS, the need for future capital items such as technology upgrades to have hybrid meetings, play equipment, and items that need to be replaced would not be able to be purchased due to the closure; and WHEREAS, without this transfer from the American Rescue Plan Loss Calculation potential layoffs of staff and capital items that need to be replaced would not be able to be done; and WHEREAS, the transfer of $207,955 from the APRA Funds to the Brookview Facility would help meet the needs of the facility. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley to authorize the transfer of $207,955 from the APRA Fund to the Brookview Facility. Adopted by the City Council of Golden Valley, Minnesota this21st day of December 2021. _________________________________ Shepard M. Harris, Mayor ATTEST: _______________________ Theresa Schyma, City Clerk American Rescue Plan Revenue Loss Calculation 2016 2017 2018 2019 2020 2019 Adjusted Revenues $43,136,535 Revenues 33,811,667 $39,011,945 $40,790,404 $43,136,535 $41,053,175 Times Growth Rate (2) 8.56% Percent Change 15.38% 4.56% 5.75% 2020 Expected Revenues 46,830,541 8.56% 2020 Actual Revenues (3) 41,053,175 Revenue Loss: Yes Estimated Reduction in Revenue Revenue Reduction $5,777,365 Revenue Reduction % 12.34% Notes: (1) Represents the adjusted revenues after excluded revenues under the American Rescue Plan have been removed. (2) The Growth Rate is equal to the greater of the average annual percentage growth of the adjusted revenue from 2016 through 2019 or 4.1%. (3) Represents the 2020 adjusted revenues after excluded revenues under the American Rescue Plan have been removed Average Percent Change Estimated 2020 Revenues Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. E. 8. Adopt Resolution No. 21-107 to Execute Hennepin County Residential Recycling Grant Agreement Prepared By Drew Chirpich, Environmental Specialist Summary Hennepin County has presented a grant agreement to the City that will provide SCORE (Select Committee on Recycling and Environment) funds from the State to help fund the collection of curbside recycling and organics recycling. The original agreement ran from January 1, 2017 until December 31, 2020, and was amended to run through 2021. The 2022-2025 agreement is similar to previous agreements in that it identifies a funding formula and schedule for annual grant payments. In 2017 the County began a process of annually increasing the amount of SCORE funds directed towards organics collection. In 2020, and continuing in 2021, 50% of available SCORE funding was allocated based upon curbside recycling participation and 50% was allocated based upon curbside organics participation. The new 2022-2025 policy will allocate 40% of available SCORE funds for curbside recycling, 50% for curbside organics, and 10% for multifamily waste reduction and recycling. At this time, it is recommended that Council adopt the attached resolution so that SCORE funds can be received in 2022-2025. The City will be implementing curbside organics recycling for all 1-4 plex households in January of 2022. Financial Or Budget Considerations SCORE funding for 2022 through 2025 is anticipated to be approximately $75,000 per year. Recommended Action Motion to adopt Resolution No. 21-107 authorizing the Mayor and City Manager to execute the Residential Recycling Grant Agreement with Hennepin County in the form approved by the City Attorney. Supporting Documents • Residential Waste Reduction and Recycling Grant Agreement (13 Pages) • 2022-2025 Recycling Funding Policy (8 Pages) • Resolution No. 21-107 to adopt Agreement (1 Page) Contract No:_______________ RESIDENTIAL WASTE REDUCTION AND RECYCLING GRANT AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Environment and Energy Department, 701 Fourth Avenue South, Minneapolis, Minnesota 55415-1600 (“COUNTY”), and the CITY OF GOLDEN VALLEY, 7800 Golden Valley Road, Golden Valley, Minnesota, (“GRANTEE”), a Minnesota government entity. The parties agree as follows: 1. TERM AND AMOUNT OF GRANT GRANTEE shall complete all grant requirements (“Grant Requirements”), if any, commencing upon execution and expiring December 31, 2025, unless cancelled or terminated earlier in accordance with the provisions herein. Annual grant payments (“Grant Funds”) shall be calculated as set forth in Section 3. 2. GRANT REQUIREMENTS GRANTEE shall apply for annual grant funds and operate its Waste Reduction and Recycling Programs as more fully described in Attachment A, the Residential Waste Reduction and Recycling Funding Policy. 3. GRANT DISBURSEMENT The COUNTY will distribute SCORE funds that the COUNTY receives from the state to Hennepin County municipalities. SCORE funds will be dedicated to the following different purposes: 1) general funding for waste reduction and recycling programs, 2) curbside organics recycling programs, 3) organics drop-off sites, 4) multifamily waste reduction and recycling. SCORE funds are based on revenue received by the State of Minnesota from the solid waste management tax (SWMT) on garbage services and are subject to change based on the SWMT revenue received by the state and funds allocated by the legislature. Funds distributed to municipalities for the current calendar year will be based on SCORE funds received by the COUNTY in the state’s corresponding fiscal year. A. Waste reduction and recycling programs COUNTY will dedicate 40% of SCORE funds to provide funding for city waste reduction and recycling programs. The following formula will be used to calculate GRANTEE’s waste reduction and recycling grant amount. 1 2 Number of eligible households with curbside recycling in city -------------------------------------- Total number of eligible households with curbside recycling in county x 40% of SCORE funds available = Waste reduction and recycling grant amount available to the city Eligible households are defined as households in single family through fourplex residential buildings or other residential buildings where each household has its own recycling collection container to set out for curbside collection and receives recycling collection service through the city. In cities with open recycling collection, eligible households are defined as households in single family through fourplex residential buildings where each household has its own recycling collection container to set out for curbside collection. The number of eligible households will be determined by counting the number of eligible households on January 1 of each funding year. GRANTEE will report the number in its application for funding. B. Curbside organics recycling programs COUNTY will dedicate 50% of SCORE funds to provide funding for curbside organics recycling programs. Funds will be allocated using participation targets for each city. Funding is not contingent upon meeting the participation target. The following formula will be used to calculate GRANTEE’s curbside organics recycling grant amount. Target number of households with curbside organics recycling in city -------------------------------------- Total number of households with curbside organics recycling in county x 50% of SCORE funds available = Curbside organics recycling grant amount available to the city Initial participation targets (as a percent of households with curbside recycling service): • 50% for cities that contract for organics recycling service • 10% for cities that require haulers to offer organics recycling service C. Organics drop-off sites COUNTY will dedicate up to $3,300 per eligible city to provide funding for organics drop-off site expenses. Cities with a population of less than 10,000 are eligible. D. Multifamily waste reduction and recycling 3 COUNTY will take 10% of SCORE funds, subtract the amount allocated to organics drop-off sites, and dedicate the remainder to provide funding for multifamily waste reduction and recycling programs. For the purposes of this policy, city waste reduction and recycling programs include organics recycling. Funds will be allocated based on the number of multifamily households. The following formula will be used to calculate GRANTEE’s multifamily waste reduction and recycling grant amount. Number of multifamily households in city -------------------------------------- Total number of multifamily households in county x 10% of SCORE funds available minus organics drop-off funds = Multifamily waste reduction and recycling grant amount available to the city Multifamily households in cities with organized recycling collection are defined as 1) households in buildings where each household does not have its own recycling collection container to set out for curbside collection, or 2) households in buildings that do not receive recycling collection service through the city, including apartment buildings, condominiums, townhomes, and cooperative housing units where a property manager or association coordinates collection service. Multifamily households in cities with open recycling collection are defined as households in residential buildings larger than a fourplex. The COUNTY will make two equal payments to the GRANTEE. Those two payments will provide the sum of each city’s total grant amount for general waste reduction and recycling programs, curbside organics recycling programs, organics drop-off sites, and multifamily waste reduction and recycling. One payment will be made after COUNTY receives the applications for funding from GRANTEE. A second payment will be made after basic program requirements, education and outreach requirements, and performance have been confirmed and approved. If GRANTEE meets the requirements, both payments will be made during the same calendar year. 4. INDEPENDENT CONTRACTOR GRANTEE shall select the means, method, and manner of performing Grant Requirements, if any. Nothing is intended nor should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as constituting GRANTEE as the agent, representative, or employee of COUNTY for any purpose. GRANTEE is and shall remain an independent contractor under this Agreement. GRANTEE shall secure at its own expense all personnel required in completing Grant Requirements, if any, under this Agreement. GRANTEE’s personnel and/or subcontractors engaged to perform any work required by this Agreement will have no contractual relationship with COUNTY and will not be considered employees of COUNTY. COUNTY shall not be responsible for any claims related to or on behalf of any of GRANTEE’s personnel, including without limitation, claims that arise out of employment or alleged employment under the Minnesota Unemployment Insurance Law (Minnesota Statutes Chapter 268) or the Minnesota Workers’ Compensation Act 4 (Minnesota Statutes Chapter 176) or claims of discrimination arising out of state, local or federal law, against GRANTEE, its officers, agents, contractors, or employees. Such personnel or other persons shall neither accrue nor be entitled to any compensation, rights, or benefits of any kind from COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers’ compensation, unemployment compensation, disability, severance pay, and retirement benefits. 5. NON-DISCRIMINATION In accordance with COUNTY’s policies against discrimination, GRANTEE shall not exclude any person from full employment rights nor prohibit participation in or the benefits of any program, service or activity on the grounds of any protected status or class including but not limited to race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin. No person who is protected by applicable federal or state laws against discrimination shall be subjected to discrimination. 6. INTENTIONALLY OMITTED 7. INDEMNIFICATION GRANTEE shall defend, indemnify, and hold harmless COUNTY, its present and former officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including attorney’s fees, resulting directly or indirectly from any act or omission of GRANTEE, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of this Agreement, and against all loss by reason of the failure of GRANTEE to perform any obligation under this Agreement. For clarification and not limitation, this obligation to defend, indemnify and hold harmless includes but is not limited to any liability, claims or actions resulting directly or indirectly from alleged infringement of any copyright or any property right of another, the employment or alleged employment of GRANTEE personnel, the unlawful disclosure and/or use of protected data, or other noncompliance with the requirements of these provisions. 8. INSURANCE GRANTEE shall purchase insurance or utilize a self-insurance program sufficient to cover the maximum level of Minnesota tort liability limits under Minnesota Statute, Chapter 466. 9. DUTY TO NOTIFY GRANTEE shall promptly notify COUNTY of any demand, claim, action, cause of action or litigation brought against GRANTEE, its employees, officers, agents or subcontractors, which arises out of this Agreement. GRANTEE shall also notify 5 COUNTY whenever GRANTEE has a reasonable basis for believing that GRANTEE and/or its employees, officers, agents or subcontractors, and/or COUNTY, might become the subject of a demand, claim, action, cause of action, administrative action, criminal arrest, criminal charge or litigation arising out of this Agreement. 10. DATA PRIVACY AND SECURITY A. GRANTEE, its officers, agents, owners, partners, employees, volunteers and subcontractors shall, to the extent applicable, abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state and federal laws, rules, regulations and orders relating to data or the privacy, confidentiality or security of data, which may include the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (HIPAA). For clarification and not limitation, COUNTY hereby notifies GRANTEE that the requirements of Minnesota Statutes section 13.05, subd. 11, apply to this Agreement. GRANTEE shall promptly notify COUNTY if GRANTEE becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA or other data, data security, privacy or confidentiality laws, and shall also comply with the other requirements of this Section. Classification of data, including trade secret data, will be determined pursuant to applicable law and, accordingly, merely labeling data as “trade secret” by GRANTEE does not necessarily make the data protected as such under any applicable law. B. In addition to the foregoing MGDPA and other applicable law obligations, GRANTEE shall comply with the following duties and obligations regarding County Data and County Systems (as each term is defined herein). As used herein, “County Data” means any data or information, and any copies thereof, created by GRANTEE or acquired by GRANTEE from or through COUNTY pursuant to this Agreement, including but not limited to handwriting, typewriting, printing, photocopying, photographing, facsimile transmitting, and every other means of recording any form of communication or representation, including electronic media, email, letters, works, pictures, drawings, sounds, videos, or symbols, or combinations thereof. If GRANTEE has access to or possession/control of County Data, GRANTEE shall safeguard and protect the County Data in accordance with generally accepted industry standards, all laws, and all then applicable COUNTY policies, procedures, rules and directions. To the extent of any inconsistency between accepted industry standards and such COUNTY policies, procedures, rules and directions, GRANTEE shall notify COUNTY of the inconsistency and follow COUNTY direction. GRANTEE shall immediately notify COUNTY of any known or suspected security breach or unauthorized access to County Data, then comply with all responsive directions provided by COUNTY. The foregoing 6 shall not be construed as eliminating, limiting or otherwise modifying GRANTEE’s indemnification obligations herein. C. Upon expiration, cancellation or termination of this Agreement: (1) At the discretion of COUNTY and as specified in writing by the Contract Administrator, GRANTEE shall deliver to the Contract Administrator all County Data so specified by COUNTY. (2) COUNTY shall have full ownership and control of all such County Data. If COUNTY permits GRANTEE to retain copies of the County Data, GRANTEE shall not, without the prior written consent of COUNTY or unless required by law, use any of the County Data for any purpose or in any manner whatsoever; shall not assign, license, loan, sell, copyright, patent and/or transfer any or all of such County Data; and shall not do anything which in the opinion of COUNTY would affect COUNTY’s ownership and/or control of such County Data. (3) Except to the extent required by law or as agreed to by COUNTY, GRANTEE shall not retain any County Data that are confidential, protected, privileged, not public, nonpublic, or private, as those classifications are determined pursuant to applicable law. In addition, GRANTEE shall, upon COUNTY’s request, certify destruction of any County Data so specified by COUNTY. 11. RECORDS – AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, COUNTY, the State Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of GRANTEE and involve transactions relating to this Agreement. GRANTEE shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration, cancellation or termination. 12. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. GRANTEE binds itself, its partners, successors, assigns and legal representatives to COUNTY for all covenants, agreements and obligations herein. B. GRANTEE shall not assign, transfer or pledge this Agreement whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of COUNTY. A consent to assign shall be subject to such conditions and provisions as COUNTY may deem necessary, accomplished by execution of a form prepared by COUNTY and signed by GRANTEE, the assignee and COUNTY. Permission to assign, however, shall under no 7 circumstances relieve GRANTEE of its liabilities and obligations under the Agreement. C. GRANTEE shall not subcontract this Agreement whether in whole or in part, without the prior written consent of COUNTY. Permission to subcontract, however, shall under no circumstances relieve GRANTEE of its liabilities and obligations under the Agreement. Further, GRANTEE shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of any specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between GRANTEE and each subcontractor shall require that the subcontractor’s services be performed in accordance with this Agreement. GRANTEE shall make contracts between GRANTEE and subcontractors available upon request. For clarification and not limitation of the provisions herein, none of the following constitutes assent by COUNTY to a contract between GRANTEE and a subcontractor, or a waiver or release by COUNTY of GRANTEE’s full compliance with the requirements of this Section: (1) COUNTY’s request or lack of request for contracts between GRANTEE and subcontractors; (2) COUNTY’s review, extent of review or lack of review of any such contracts; or (3) COUNTY’s statements or actions or omissions regarding such contracts. D. As required by Minnesota Statutes section 471.425, subd. 4a, GRANTEE shall pay any subcontractor within ten (10) days of GRANTEE’s receipt of payment from COUNTY for undisputed services provided by the subcontractor, and GRANTEE shall comply with all other provisions of that statute. 13. MERGER, MODIFICATION AND SEVERABILITY A. The entire Agreement between the parties is contained herein and supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. GRANTEE and/or COUNTY are each bound by its own electronic signature(s) on this Agreement, and each agrees and accepts the electronic signature of the other party. B. Any alterations, variations or modifications of the provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. Except as expressly provided, the substantive legal terms contained in this Agreement including but not limited to Indemnification, Insurance, Merger, Modification and Severability, Default and Cancellation/Termination or Minnesota Law Governs may not be altered, varied, 8 modified or waived by any change order, implementation plan, scope of work, development specification or other development process or document. C. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 14. DEFAULT AND CANCELLATION/TERMINATION A. If GRANTEE fails to perform any of the provisions of this Agreement, fails to administer the work so as to endanger the performance of the Agreement or otherwise breaches or fails to comply with any of the terms of this Agreement, it shall be in default. Unless GRANTEE’s default is excused in writing by COUNTY, COUNTY may upon written notice immediately cancel or terminate this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for COUNTY to delay payment until GRANTEE’s compliance. In the event of a decision to withhold payment, COUNTY shall furnish prior written notice to GRANTEE. B. Notwithstanding any provision of this Agreement to the contrary, GRANTEE shall remain liable to COUNTY for damages sustained by COUNTY by virtue of any breach of this Agreement by GRANTEE. Upon notice to GRANTEE of the claimed breach and the amount of the claimed damage, COUNTY may withhold any payments to GRANTEE for the purpose of set-off until such time as the exact amount of damages due COUNTY from GRANTEE is determined. Following notice from COUNTY of the claimed breach and damage, GRANTEE and COUNTY shall attempt to resolve the dispute in good faith. C. The above remedies shall be in addition to any other right or remedy available to COUNTY under this Agreement, law, statute, rule, and/or equity. D. COUNTY’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. E. This Agreement may be canceled/terminated with or without cause by COUNTY upon thirty (30) days’ written notice. F. If this Agreement expires or is cancelled or terminated, with or without cause, by either party, at any time, GRANTEE shall not be entitled to any payment, fees or other monies except for payments duly invoiced for then-delivered and accepted deliverables/milestones pursuant to this Agreement. In the event GRANTEE has performed work toward a deliverable that COUNTY has not accepted at the time of expiration, cancellation or termination, GRANTEE shall not be entitled to any payment for said work including but not limited to incurred costs of performance, 9 termination expenses, profit on the work performed, other costs founded on termination for convenience theories or any other payments, fees, costs or expenses not expressly set forth in this Agreement. G. Upon written notice, COUNTY may immediately suspend or cancel/terminate this Agreement in the event any of the following occur: (i) COUNTY does not obtain anticipated funding from an outside source for this project; (ii) funding for this project from an outside source is withdrawn, frozen, shut down, is otherwise made unavailable or COUNTY loses the outside funding for any other reason; or (iii) COUNTY determines, in its sole discretion, that funding is, or has become, insufficient. COUNTY is not obligated to pay for any costs or expenses or obligations incurred or encumbered after the notice and effective date of the suspension or cancellation/termination. In the event COUNTY suspends, cancels or terminates this Agreement pursuant to this paragraph, COUNTY shall pay any amount due and payable prior to the notice of suspension or cancellation/termination except that COUNTY shall not be obligated to pay any amount as or for penalties, early termination fees, charges, time and materials for costs, expenses or profits on work done. H. GRANTEE has an affirmative obligation, upon written notice by COUNTY that this Agreement may be suspended or cancelled/terminated, to follow reasonable directions by COUNTY, or absent directions by COUNTY, to exercise a fiduciary obligation to COUNTY, before incurring or making further costs, expenses, obligations or encumbrances arising out of or related to this Agreement. 15. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: GRANT REQUIREMENTS; INDEPENDENT CONTRACTOR; INDEMNIFICATION; INSURANCE; DUTY TO NOTIFY; DATA PRIVACY AND SECURITY; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION; MEDIA OUTREACH; and MINNESOTA LAW GOVERNS. 16. GRANT ADMINISTRATION Kaitlin Steinberg/Kira Berglund, Waste Reduction and Recycling Specialist, or their successor (“Grant Administrator”), shall manage this Agreement on behalf of COUNTY and serve as liaison between COUNTY and GRANTEE. Marc Nevinski, Physical Development Director, mnevinski@goldenvalleymn.gov or shall manage the agreement on behalf of GRANTEE. GRANTEE may replace such person but shall immediately give written notice to COUNTY of the name, phone number and email/fax number (if available) of such substitute person and of any other subsequent substitute person.] 10 17. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. GRANTEE shall comply with all applicable federal, state and local statutes, funding sources, regulations, rules and ordinances currently in force or later enacted. B. GRANTEE certifies that it is not prohibited from doing business with either the federal government or the state of Minnesota as a result of debarment or suspension proceedings. C. If the source or partial source of funds for payment under this Agreement is from federal or state monies or from a federal, state or other grant source, GRANTEE is bound by and shall comply with applicable law, rules, regulations, applicable documentation or other COUNTY directives relating to the source and utilization of such funds. 18. RECYCLING COUNTY encourages GRANTEE to establish a recycling program for at least three materials, such as newsprint, office paper, glass, plastic, and metal. 19. NOTICES Unless the parties otherwise agree in writing, any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to COUNTY shall be sent to the County Administrator with a copy to the originating COUNTY department at the address given in the opening paragraph of this Agreement. Notice to GRANTEE shall be sent to the address stated in the opening paragraph of this Agreement or to the address stated in GRANTEE’s Form W-9 provided to COUNTY. 20. CONFLICT OF INTEREST GRANTEE affirms that to the best of GRANTEE’s knowledge, GRANTEE’s involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. Should any conflict or potential conflict of interest become known to GRANTEE, GRANTEE shall immediately notify COUNTY of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and advise COUNTY whether GRANTEE will or will not resign from the other engagement or representation. Unless waived by COUNTY, a conflict or potential conflict may, in COUNTY’s discretion, be cause for cancellation or termination of this Agreement. 11 21. MEDIA OUTREACH GRANTEE shall notify COUNTY, prior to publication, release or occurrence of any Outreach (as defined below). The parties shall coordinate to produce collaborative and mutually acceptable Outreach. For clarification and not limitation, all Outreach shall be approved by COUNTY, by and through the Public Relations Officer or his/her designee(s), prior to publication or release. As used herein, the term “Outreach” shall mean all media, social media, news releases, external facing communications, advertising, marketing, promotions, client lists, civic/community events or opportunities and/or other forms of outreach created by, or on behalf of, GRANTEE (i) that reference or otherwise use the term “Hennepin County,” or any derivative thereof; or (ii) that directly or indirectly relate to, reference or concern the County of Hennepin, this Agreement, the Grant Requirements performed hereunder or COUNTY personnel, including but not limited to COUNTY employees and elected officials. 22. MINNESOTA LAWS GOVERN The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the state of Minnesota. 23. HENNEPIN COUNTY PERSONAL PROPERTY TAX AND PROPERTY TAX GRANTEE affirms that it and its officers have paid all Hennepin County personal property taxes and property taxes due on all of its Hennepin County properties for taxes owed on or before the date of the execution of this contract. If the County finds that property taxes have not been paid by GRANTEE, GRANTEE’s owner and GRANTEE’s board of directors (if any), County may refuse to disburse funds or require the return of all or part of the funds already disbursed. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 12 COUNTY BOARD AUTHORIZATION Reviewed for COUNTY by the County Attorney's Office: By: Reviewed for COUNTY by: Board Resolution No: Document Assembled by: {{Exh_es_:signer1:attachment:label("Attachments")}} COUNTY OF HENNEPIN STATE OF MINNESOTA By: ATTEST: By: 13 GRANTEE GRANTEE warrants that the person who executed this Agreement is authorized to do so on behalf of GRANTEE as required by applicable articles, bylaws, resolutions or ordinances.* By: CITY OF GODLEN VALLEY ___________________________________ Shepard M. Harris, Mayor ____________________________________ Timothy J. Cruikshank, City Manager DATE: DECEMBER 21, 2021 *GRANTEE represents and warrants that it has submitted to COUNTY all applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. Documentation is not required for a sole proprietorship. Residential Waste Reduction and Recycling Funding Policy January 1, 2022 – December 31, 2025 Department communication to the Hennepin County Board of Commissioners on October 5, 2021 Communicated October 5, 2021 1 I. Policy Overview A. Background The Hennepin County Board of Commissioners has determined that residential waste reduction and recycling programs support county goals to make progress toward zero waste, reduce greenhouse gas emissions, and reduce disparities associated with waste disposal. The county has adopted the goals established in State Statute and by the Minnesota Pollution Control Agency (MPCA) in its Metropolitan Solid Waste Management Policy Plan and developed a Residential Waste Reduction and Recycling Funding Policy to help reach a 75% recycling rate by 2030. B. SCORE funds The county receives funding from the state’s Select Committee on Recycling and the Environment (SCORE) for the development and implementation of waste reduction and recycling programs. SCORE funds are based on revenue received by the State of Minnesota from the solid waste management tax (SWMT) on garbage services and are subject to change based on the SWMT revenue received by the state and funds allocated by the legislature. C. Support for city programs City recycling programs play an important role in the solid waste management system. The county has funded city programs for over 30 years and will use this policy to make available all SCORE funds to cities for residential waste reduction and recycling programs. SCORE funds will be dedicated to four different purposes: 1) general funding for waste reduction and recycling programs, 2) curbside organics recycling programs, 3) organics drop-off sites, and 4) multifamily waste reduction and recycling. Funds distributed to cities for a calendar year will be based on SCORE funds received by the county in the state’s corresponding fiscal year. D. Term of the policy Hennepin County is committed to implementing this policy from January 1, 2022 through December 31, 2025. The county may revise this policy to align with strategic priorities developed in the zero waste plan or solid waste management master plan. In addition, the county may revise this policy if it determines changes are needed to assure compliance with state law and MPCA goals established for metropolitan counties. If SCORE funds are eliminated from the state budget or significantly reduced, the county will consult with cities at that time and develop a recommendation to the board on future funding for residential waste reduction and recycling programs. Communicated October 5, 2021 2 E. Grant agreements Each city seeking funding under the terms of the Residential Waste Reduction and Recycling Funding Policy must enter into a grant agreement with the county for a term concurrent with the expiration of this policy, December 31, 2025. The grant agreement must be accompanied by a resolution authorizing the city to enter into such an agreement. If cities form a joint powers organization responsible for waste reduction and recycling programs, the county will enter into a grant agreement with that entity and distribute funds to that organization. II. Allocation of Funds SCORE funds will be dedicated to the following purposes:  General funding for waste reduction and recycling programs  Curbside organics recycling programs  Organics drop-off sites  Multifamily waste reduction and recycling A. Waste reduction and recycling programs The county will dedicate 40% of SCORE funds to provide funding for city waste reduction and recycling programs. For the purposes of this policy, city waste reduction and recycling programs include organics recycling. Funds will be allocated based on number of eligible households with curbside recycling service. The following formula will be used to calculate a city’s grant amount. Number of eligible households with curbside recycling in city ------------------------------- Total number of eligible households with curbside recycling in county x 40% of SCORE funds available = Waste reduction and recycling grant amount available to the city Eligible households are defined as households in single family through fourplex residential buildings or other residential buildings where each household has its own recycling collection container to set out for curbside collection and receives recycling collection service through the city. In cities with open recycling collection, eligible households are defined as households in single family through fourplex residential buildings where each household has its own recycling collection container to set out for curbside collection. The number of eligible households will be determined by counting the number of eligible households on January 1 of each funding year. The city will report the number in its application for funding. Communicated October 5, 2021 3 B. Curbside organics recycling programs The county will dedicate 50% of SCORE funds to provide funding for curbside organics recycling programs. Funds will be allocated using participation targets for each city. Funding is not contingent upon meeting the participation target. The following formula will be used to calculate a city’s grant amount. Target number of households with curbside organics recycling in city ------------------------------- Total target number of households with curbside organics recycling in county x 50% of SCORE funds available = Curbside organics recycling amount available to the city Initial participation targets (as a percent of households with curbside recycling service):  50% for cities that contract for organics recycling service  10% for cities that require haulers to offer organics recycling service C. Organics drop-off sites The county will dedicate up to $3,300 per eligible city to provide funding for organics drop-off site expenses. Cities with a population of less than 10,000 are eligible. E. Multifamily waste reduction and recycling The county will take 10% of SCORE funds, subtract the amount allocated to organics drop-off sites, and dedicate the remainder to provide funding for multifamily waste reduction and recycling programs. For the purposes of this policy, city waste reduction and recycling programs include organics recycling. Funds will be allocated based on the number of multifamily households. The following formula will be used to calculate a city’s grant amount. Number of multifamily households in city ------------------------------- Total number of multifamily households in county x 10% of SCORE funds available minus organics drop-off funds = Multifamily waste reduction and recycling amount available to the city Communicated October 5, 2021 4 Multifamily households in cities with organized recycling collection are defined as 1) households in buildings where each household does not have its own recycling collection container to set out for curbside collection, or 2) households in buildings that do not receive recycling collection service through the city, including apartment buildings, condominiums, townhomes, and cooperative housing units where a property manager or association coordinates collection service. Multifamily households in cities with open recycling collection are defined as households in residential buildings larger than a fourplex. III. Application for Funding A. General program and curbside organics application To receive funding for waste reduction and recycling programs and curbside organics recycling, each city must complete an annual grant application by February 15 of that year. The application consists of a web-based report that requests the following: contract, program, tonnage, and financial information. The participation rate for the curbside recycling program must also be included in the web-based report. The city must calculate its participation rate during the month of October. The methodology for measuring participation must be provided to the county upon request. The county may request additional information, such as a planning document with a description of activities the city will implement to increase recycling and make progress toward county objectives. B. Organics drop-off sites and multifamily supplementary application To receive funding for organics drop-off sites and multifamily waste reduction and recycling, each city must submit a supplementary grant application form annually. The county will provide this form by February 15 and the city must complete it by March 15 of that year. IV. Use of Funds A. Conditions applying to all funds The following requirements apply to the use of all funds: 1. Funds must be expended on eligible activities per Minnesota Statutes §115A.557. 2. All grant funds accepted from the county must be used in the year granted unless the county agrees to an exception. The county will not provide any funds in excess of actual expenses. Funds not spent must be returned to the county. Communicated October 5, 2021 5 3. A city or joint powers organization may not charge its residents through property tax, utility fees, waste fees, environmental fees, or any other method for the portion of its waste reduction and recycling program costs that are funded by county grant funds. 4. Cities must track expenditures for waste reduction and recycling programs, curbside organics recycling, organics drop-off sites, and multifamily waste reduction and recycling and establish accounting mechanisms to provide the information requested in the financial section of the annual grant application. 5. Waste reduction and recycling activities, revenues, and expenditures are subject to audit. B. Curbside organics use of funds Curbside organics grant funds may be used for program expenses, including the following: • Incentives for participation (service discounts, countertop pails, compostable bags) • City contract costs • Education and outreach • Carts • Other expenses approved by the county Yard waste expenses are not eligible. If organics are co-collected with other waste, the organics expenses must be tracked separately. If a city passes funds through to a hauler, 100% of those funds must be credited to residents’ bills. C. Organics drop-off sites use of funds Organics drop-off site grant funds may be used for program expenses, including the following: • Hauling and disposal • Dumpsters or carts • Site construction • Education and outreach • Incentives for participation (countertop pails, compostable bags) • Other expenses approved by the county D. Multifamily waste reduction and recycling use of funds Cities that choose to apply for multifamily waste reduction and recycling funding will work with the county to identify eligible activities that are customized to the city’s goals and needs. These activities will be determined through the supplementary grant application process. Communicated October 5, 2021 6 Unused funds will be used by the county to provide multifamily waste reduction and recycling program services. Multifamily resources provided by the county, including reusable tote bags/baskets and multifamily specific signs and labels, are not eligible expenses. V. City Requirements A. Materials accepted A city’s curbside collection program must accept a list of mixed recyclables as selected by the county in consultation with haulers, local material recovery facilities, and end markets. The county will update the list of materials as needed, distribute the list to city recycling coordinators, and post the list on the county’s website. B. Education and outreach The partnership between the county and municipalities has been highly effective in educating residents and motivating behavior change. To continue this partnership and increase these efforts, city waste reduction, recycling and organics recycling activities must be coordinated with county and regional efforts. Municipalities must adhere to the following requirements: 1. Use county terminology on promotional and educational materials when describing recycling and organics recycling guidelines, including the description of materials accepted and not accepted, as well as when describing preparation guidelines. 2. Use images approved by the county if using images of mixed recyclables and organic materials. 3. Provide the following information on the city’s website;  Recycling and organics recycling materials accepted and not accepted  Curbside collection calendar  Organics drop-off site(s) information  Links to county resources and programs 4. Provide a guide on recycling and organics recycling to residents each year. The guide shall contain information on curbside collection, materials accepted and not accepted, organics drop off site information (if applicable), and a curbside collection calendar. 5. Complete two or more waste reduction, recycling and organics recycling educational activities annually that include the promotion of curbside collection. The county will provide a list of activities to city recycling coordinators. These activities are in addition to the provision of an annual guide. Communicated October 5, 2021 7 6. If a city develops its own educational materials, does not use a template produced by the county, does not utilize design services offered by the county, or relies on a hauler to provide an annual guide, then the city must submit the materials to the county for approval. C. Waste reduction and recycling performance On an annual basis, cities must demonstrate that a reasonable effort has been made to improve waste reduction and recycling programs. If a city does not demonstrate measurable progress, a waste reduction and recycling improvement plan must be submitted by the city within 90 days of being notified by the county. The waste reduction and recycling improvement plan must be negotiated with the county and specify the efforts that will be undertaken by the municipality to improve its program to yield the results necessary to achieve county objectives. In cooperation with the county, the city may be required to participate in waste sorts and community engagement to identify strategies to improve waste reduction and recycling outcomes. VI. Grant Payments The county will make two equal payments to the city. Those two payments will provide the sum of each city’s total grant amount for general waste reduction and recycling programs, curbside organics recycling programs, organics drop-off sites, and multifamily waste reduction and recycling. One payment will be made after the county receives the applications for funding. A second payment will be made after basic program requirements, education and outreach requirements, and performance have been confirmed and approved. If the city meets the county requirements, both payments will be made during the same calendar year. Cities are expected to fulfill the conditions of this policy and the requirements of Ordinance 13. It is the responsibility of each city to meet the requirements of Ordinance 13. The implementation of the county requirements for cities shall be the responsibility of each respective city. If any city fails to establish or implement any or all of the city requirements in Ordinance 13, all SCORE funding will be withheld until the city meets the requirements or a waste reduction and recycling improvement plan is negotiated with the county. RESOLUTION NO. 21-107 RESOLUTION TO APPROVE THE 2022-2-25 RESIDENTIAL WASTE REDUCTION AND RECYCLING GRANT AGREEMENT WITH HENNEPIN COUNTY WHEREAS, pursuant to Minnesota Statutes, Chapter 115A.552, Counties shall ensure that residents have an opportunity to recycle; and WHEREAS, Hennepin County Ordinance 13 requires that each city implement and maintain a recycling and organics recycling program; and WHEREAS, the Hennepin County Board at its October 26, 2021 meeting adopted a funding policy to continue to fund cities within Hennepin County for the contract period of January 1, 2022 through December 31, 2025; and WHEREAS, the City wishes to receive these grant funds each year; and WHEREAS, in order to receive grant funds, the City must sign the agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that the City Council accepts the agreement as proposed. BE IT FURTHER RESOLVED, that the City Council authorizes the Mayor, City Manager or their designee to execute such Residential Waste Reduction and Recycling Grant Agreement with the County. Adopted by the City Council of Golden Valley, Minnesota this 21st day of December 2021. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. F. Approve 2022 City Calendar and Meeting Dates Prepared By Tara Olmo, Assistant to the City Manager’s Office Summary Annually, the City Council approves the calendar for the upcoming year. Listed below are the meeting and work sessions that have been moved to accommodate conflicts:  Tue, Feb 1 City Council Meeting moved to Wed, Feb 2 (Precinct Caucuses)  Tue, Aug 2 City Council Meeting moved to Wed, Aug 3 (MN Night to Unite)  Tue, Aug 9 HRA Work Session moved to Wed, Aug 10 (Primary Election Day)  Tue, Aug 9 City Council Work Session moved to Wed, Aug 10 (Primary Election Day)  Tue, Oct 4 City Council Meeting moved to Thu, Oct 6 (Yom Kippur)  Tue, Nov 8 City Council Work Session moved to Wed, Nov 9 (Election Day)  Tue, Nov 8 HRA Work Session moved to Wed, Nov 9 (Election Day) Financial Or Budget Considerations Not applicable Recommended Action Motion to approve the 2022 City calendar and Meeting Dates. Supporting Documents • 2022 City Calendar (1 page) 2022 CITY CALENDAR January 2022 4 Council Meeting 11 Council Work Session 17 Offices are closed (MLK Day) 18 Council Meeting 25 Council Strategic Planning Session February 2022 2 8 8 15 21 22 Council Meeting HRA Work Session Council Work Session Council Meeting Offices are closed (President's Day) Annual Joint Council/Board Meeting March 2022 1 Council Meeting 8 Council Work Session 15 HRA Meeting 15 Council Meeting April 2022 5 12 19 Council Meeting Council Work Session Council Meeting May 2022 3 Council Meeting 10 HRA Work Session 10 Council Work Session 17 Council Meeting 30 Offices are closed (Memorial Day) June 2022 7 Council Meeting 14 Council Work Session 21 HRA Meeting 21 Council Meeting July 2022 4 Offices are closed (Indep Day) 5 Council Meeting 12 Council Work Session 19 Council Meeting August 2022 3 Council Meeting 10 HRA Work Session 10 Council Work Session 16 Council Meeting September 2022 5 Offices are closed (Labor Day) 6 Council Meeting 13 Council Work Session 20 HRA Meeting 20 Council Meeting October 2022 6 Council Meeting 11 Council Work Session 18 Council Meeting November 2022 1 Council Meeting 9 HRA Work Session 9 Council Work Session 11 Offices are closed (Veteran’s Day) 15 Council Meeting 24-25 Offices are closed (Thanksgiving) December 2022 6 6 13 20 23 26 HRA Meeting Council Meeting Council Work Session Council Meeting Offices are closed (C'mas eve observed) Offices are closed (C'mas observed) Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. G. Receive and File Municipal Facilities Study Report Prepared By Marc Nevinski, Physical Development Director Summary Last year, following a study in 2016 of the Fire Department operations and the recommendations in phase II of the Downtown Study, the City initiated a comprehensive analysis of its facilities in order to develop a long-term, phased approached to planning, financing and addressing its facilities needs. BKV Group was selected to lead the study process. Additionally, the City assembled a task force of residents and business representatives to provide insight and perspective of community priorities. A steering committee comprised of City staff provided procedural guidance and information on facilities and operations. Community engagement was prioritized early in the study process. Staff and BKV held numerous stakeholder meetings to understand the importance, relationship, and use of City facilities in the community. Three events were held to inform the broader community of the study and solicit input on priorities and options. The guiding principles discussed in the report and outlined below significantly influenced the development of the recommendations in the study. • Develop a long-term plan for phased investment • Balance implementation and debt management • Address critical space needs and plan for future needs • Build on the guidance of the Downtown Study • Explore co-location for value, efficiency, and impact • Use community engagement to develop a vision and recommendations The attached Executive Summary and Critical Needs analysis details the findings of the facilities study and provides recommendations to be used as a framework and baseline to guide decisions regarding future facilities. The summary references several appendices with more detail that informed the process and the recommendations. The complete study can be found on the Facilities Study Task Force Webpage or https://mn-goldenvalley.civicplus.com/314/Facilities-Study-Task-Force. Council Regular Meeting Executive Summary City of Golden Valley December 21, 2021 2 Conclusions and Recommendations of Study Strategies. The study articulates and reinforces several general strategies for future City facilities and development that had previously been identified in prior studies or discussions: • Transition to a two-station, duty crew fire department staffing model • Renovate Police Station to enhance community policing and officer trainings, as well as address space needs that affect efficiency and recruitment. • Consolidate Public Works outside of the downtown area • Redevelopment of portions of the block to support economic activity in the downtown Scenarios. The study recommends two similar scenarios for the redevelopment of the City campus. Both options show a Public Safety facility in the center of the campus, where building and vehicle requirements can be met. Option “B” includes co-location of a city hall facility with a multi-family development in the southeast corner of the campus. This option leaves open the opportunity for private development on the northeast corner of the block where the Utilities building currently sits. Option “C” shows a city hall facility located on the northeast corner of the block facing the library. This option creates some synergy between a city hall and library but avoids complexities of co-located facilities shown in Option “B”. An Alternative Option “C” shows how co-location of the two functions could occur on the northern portion of the block. Building off of the downtown study, both options show east-west connections through the City campus block and a north-south trail connecting the Luce Line with downtown. Community gathering spaces are also shown in both options. Under either option, the logistics of constructing a new Public Safety facility requires first relocating Public Works operations. Projected Costs and Schedule. To develop construction cost projections and help to establish a potential schedule and framework from which to plan and budget for new facilities, the following schedule was established to understand the potential financial impact to the City. Remote Fire Station 2024 $ 9.2M Public Works/Demo 2030 $ 56.3M Public Safety 2040 $ 61.5M City Hall 2050 $ 33.8M Total $160.8M The costs do not include land acquisition but do reflect expected construction inflation costs over time. To manage costs and debt, the study contemplates a long-term, phased approach to the construction of new facilities. Using the projected timeframe and construction cost estimates, Baker-Tilly developed a model to project over twenty-five years the financial impact of the proposed facilities on the City. A summary is included as an appendix to the report. Council Regular Meeting Executive Summary City of Golden Valley December 21, 2021 3 Interim Improvements. The study also identifies of several critical issues in each functional area (Police, Fire, Public Works, Administration) that should be addressed in new facilities. However, given the long-range, phased approach to new facilities, some critical issues, perhaps most notably in the Police Department, need to be addressed through interim improvements. Since the Council Worksession on October 9th, BKV has completed a summary of critical building issues in the police department and documented how they could be addressed through remodeling and small additions to the current building to bridge the department to 2040 when a new public safety building would be constructed. This include: • Increased and better locker room space for men and woman • Interview rooms – a minimum of 2 off the lobby • Rework open office area for additional workstations, with the copy / work located near by • Public conference room off the lobby • Better evidence intake and storage areas • Improved report writing stations These interim improvements are shown in the report (Figure 6, p.18) to occur around the same time as a new remote fire station and are included in the projected costs for 2024. The improvements are described further in Appendix 04 – Near-Term Police Station Plan Concept (attached). October Council Worksession. A presentation was provided to Council in October of the draft report. Council members generally liked the scenarios presented. Discussion occurred about keeping City Hall prominent on the site, being flexible with the plan, and a desire to collaborate with the County regarding the Library. Council also agreed on the priority of establishing a new remote fire station, but was clear about not having interest in locating the station at Scheid Park. The need for interim improvements, particularly for the Police Department was also discussed in light of the projected timeframe for new facilities. Council raised the idea of exploring ways to expedite the schedule and identifying alternative or additional funding sources, such a local option sales tax and bonding dollars. Next Steps. Staff recommends beginning the site selection process to locate a remote fire station on the east side of Highway 100, and to identify for a new public works location. Staff will continue to pursue state bonding dollars in 2022 for land acquisition and design work for the remote fire station, as well as bonding dollars in 2024 for construction of the remote station. Financial Or Budget Considerations Financial considerations are discussed above. Recommended Action Motion to receive and file the Municipal Facilities Study. Supporting Documents • Municipal Facilities Study Report – The complete study can be found on the Facilities Study Task Force Webpage or https://mn-goldenvalley.civicplus.com/314/Facilities-Study-Task-Force • Appendix 4 – Near-Term Police Station Plan Concept (5 pages) CITY OF GOLDEN VALLEY MUNICIPAL FACILITIES STUDY DECEMBER 2021 - This Page Left Blank Intentionally - CITY OF GOLDEN VALLEY, MN Marc Nevinski, Physical Development Director Sue Schwalbe, Physical Development Assistant Sue Virnig, Finance Director Cheryl Weiler, Communications Director Jason Sturgis, Police Chief John Crelly, Fire Chief Ted Massicotte, Assistant Fire Chief Tim Kieffer, Public Works Director Gillian Rosenquist, City Council Member, Task Force Chair Andy Johnson, Planning Commissioner Becky Sanders, Brian Smith Cameron Selmer Gary Cohen Karen Boehne Kathryn Simpson Lucy Smith-Williams Marc Meirovitz Sara Barrow Tierre Webster CONSULTANT TEAM Bruce Schwartzman, AIA Partner-in-Charge Susan Morgan, AIA Project Manager Kelly Naylor & Margaret Lafferty City Hall Planners Craig Carter, AIA Fire Station Planner Michael Healy, AIA Police Planner Ben Janes Designer Dustin Phillips Pre-Construction Strategy, Cost Estimation Audie Miller Pre-Construction Strategy, Cost Estimation Andrew Cooper, AIA Public Works Planner Oertel Architects BKV Group Steering Committee Task Force Kraus-Anderson Bryan Harjes Public Engagement Lead Aimee Hackett Designer Jeff Miller Urban Planner, Downtown Study Liaison HKGI PLANNING COMMITTEE - This Page Left Blank Intentionally - 6 .............. 22 .............. 27 .............. 32 .............. 36 .............. Executive Summary Critical Needs Fire Department Police Department Public Works City Hall Appendices Space Needs Programs Space Standards Building Audit Preliminary Master Plan Concepts Near-term Police Station Plan Concept Community Feedback Budget Detail TABLE OF CONTENTS BKV Project No. 2405.01 Project Contact: Bruce Schwartzman, AIA BKV Group, Partner 612-373-9104 bschwartzman@bkvgroup.com BKV GROUP | OERTEL ARCHITECTS6 EXECUTIVE SUMMARY BKV GROUP | OERTEL ARCHITECTS6 SECTION TITLE Project Goals A. Develop a long-term plan with clear thresholds for phased investment and implementation. B. Balance implementation with debt management. C. Address critical space deficiencies, accommodate projected evolutions in operations and service delivery: i. Facilitate Fire Department transition from paid-on-call 3- station model to 24/7 duty crew 2-Station model. ii.Provide support and training spaces to enhance Police Department processing, operations, preparedness, and Community Outreach.* iii. Consolidate Public Works into a single location off-site from the civic campus to improve service efficiency and accommodate contemporary equipment. D. Build on the guidance of the Downtown Study for the NE quadrant and overall downtown planning goals. E. Explore co-locations for efficiency, value, and impact. F. Utilize transparent, well- documented community and stakeholder outreach in project visioning and development. Project Objectives I. Demonstrate to the public the value of each of the key city services. II. Integrate Golden Valley vision, values, and mission into project planning principles. III. Increase equity in service delivery and in Golden Valley civic workplaces. IV. Demonstrate planning that fulfills city goals for sustainability, resilience, water and energy efficiency. Figure 1 Existing NE Quadrant Site Plan. Golden dashed line indicates City of Golden Valley property line. *Project Goals Note: Storage and training facilities are insufficient for Police, Fire, and Public Works, and are addressed in program recommendations for each department. BKV GROUP | OERTEL ARCHITECTS 7 GOLDEN VALLEY MUNICIPAL FACILITIES STUDY BKV GROUP | OERTEL ARCHITECTS 7 GOLDEN VALLEY MUNICIPAL FACILITIES STUDY OVERVIEW The City of Golden Valley provides a consistently high level of service to residents from facilities designed for operational and space requirements more than four decades old. Deficiencies in the size of facilities, workflow of spaces, and accommodations for staff currently impact hiring and retention, operational efficiency, safety, accessibility, and adaptability for continued evolution in equipment and practices. To appropriately address concerns for the City’s key operating facilities: Public Works, Fire, Police, and City Administration, a long-range plan is critical to comprehensively define needs, to objectively establish priorities, and to provide a framework for investment, planning, and phased implementation in City facilities that also responsibly manages debt. Building on the City’s 2040 Comprehensive Plan, guidance from the Urban Land Institute, and the 3- phase Downtown Study, this Municipal Facilities Study is a tool that combines long-term vision and goals for Golden Valley’s future with objective assessment of City facilities and operations to establish an informed and objective planning framework for the NE quadrant of Downtown Golden Valley, for Downtown City facilities and those to be located at new sites in the future. IMPACTED SITES Within Downtown Golden Valley, the block NE of the intersection of Winnetka Avenue and Golden Valley Road is home to the City of Golden Valley’s Public Works (3 buildings including surface parking and a work yard), Public Safety (Police and Fire co-located in a single building, with an additional adjacent police squad garage), and City Hall (home to Administrative Offices and the City Council chamber), a McDonald’s franchise, and the Golden Valley branch of the Hennepin Figure 2 Map of Impacted City of Golden Valley Municipal Facilities Sites BKV GROUP | OERTEL ARCHITECTS8 EXECUTIVE SUMMARY BKV GROUP | OERTEL ARCHITECTS8 SECTION TITLE County Library. This plan is also based around the existing water tower remaining in-place. The block is currently a mix of buildings and surface parking lots, with some components of pedestrian pathways criss-crossing the block. Basset Creek bisects the NW corner of the site, and immediately north across Rhode Island Avenue is the Luce Line Trail. The Downtown Study (2018-2021) by Hoisington Koegler Group Inc. (HKGi), identified the NE Quadrant as a specific area of redevelopment “envisioned as a consolidated civic institutional area on the northern portion with a mix of commercial and residential on the southern portion with a signature bike/walk pathway and public outdoor gathering spaces running through the middle of the site.” (Downtown Study Phase II Interim Report, January 2020, page 7). In addition to the Downtown site, the City currently operates out of additional Public Works buildings and yards at 10th Avenue and Highway 169, and out of Fire Stations #2 and #3 (400 Turners Crossroads and 3700 Golden Valley Road, respectively). Brookview facilities are not a part of this study. CRITICAL NEEDS This project supports City response to two related needs: outstanding issues with City facilities that impact current operating conditions and costs, and doing so with a planning approach that also integrates response to the vision and planning for the enriched and revitalized future of Downtown Golden Valley. The City utilizes a Capital Improvement Program (CIP), a ten-year plan updated annually, to schedule construction projects and purchases that cannot be financed within a single year. Earlier facilities and operations studies identified issues with building infrastructure, capacity and accessibility (2007 Facility Analysis Report, Wold Architects and Engineers), as well as specific issues related to Fire Service (2016 Review of Fire/Rescue Services, Fire Rescue Analytics and Five Bugles Design); this study confirmed those findings and augmented them with current visual and analytic assessments of buildings, review of operational workflows, and dialogue with facilities managers and department heads. While the City has maintained its facilities very well, primary building systems (mechanical and electrical) are at end-of-life; there are accessibility issues with features and elements non- compliant with current regulations, including split-level conditions at all three Public Works buildings (without elevators), and most significantly, facilities designed for equipment and vehicles that were significantly smaller than current units, leading to challenges of movement, mobilization, safety and access. Public Works and Public Safety have masonry load-bearing structures, which limit the ease and value of significant renovations, and City Hall is an amalgamation of older structures, with limiting floor-to-floor heights and relatively tight structural grid spacing leading to closely-spaced columns that limit flexibility. These structures would require significant and costly rework to provide the necessary reconfigurations required to accommodate current and future operations and equipment. BKV GROUP | OERTEL ARCHITECTS 9 GOLDEN VALLEY MUNICIPAL FACILITIES STUDY BKV GROUP | OERTEL ARCHITECTS 9 GOLDEN VALLEY MUNICIPAL FACILITIES STUDY The 2016 review of Fire Department operations and facilities identified a need for the department to transition from a paid-on-call model to a 24/7 duty-crew model, to provide “13-15 personnel arriving on scene at a structure fire within eight minutes, as recommended by the National Fire Protection Association [NFPA],”(Review of Fire/Rescue Services, 2016, page ii), and also given ever- increasing challenges to consistently staffing departments through the paid-on-call model, an issue common across the nation. Both the 2016 study and this project’s review affirmed the need for this operational transition, and the accompanying requirement for facilities that provide the necessary accommodations for duty-crew service. The 2016 Fire/Rescue Study also identified that the City can most effectively operate out of two stations rather than three once a duty-crew model is in place, with a new remote station geographically located to complement the downtown station to meet NFPA requirements for response times; existing Fire Stations #2 and #3 were not efficiently located originally, have experienced reduced access given development around the stations since their construction, and a significant part of the coverage radius for each station overlaps service areas in adjacent cities. Evolutions in the Police Department over the life of the building - both in the nature of service delivery and staffing makeup - have resulted in a facility at capacity in critical areas that currently hinder operations and have a direct impact on present-day hiring and retention. A key example is the staff locker areas: undersized for contemporary equipment and gear, with a women’s locker room at capacity without resources for all current female staff, without any spare capacity for new hires. These are located at the basement level, alongside the facility’s single training room, shared by police, fire, and community events, which precludes meeting current industry best practices for dedicated police training spaces for the distinct key types of training officers must participate in regularly. Within the shared Public Safety building, both Police and Fire are at capacity, with no room to address inadequacies of operations, including the Police Department’s insufficient amount of public interview rooms, undersized sergeant's work area, and inefficient workflow between key program spaces such as the sally port and evidence processing. PROJECT PROCESS The work of the project team was informed by regular sessions with two groups: a Steering Committee including most City Department heads, and a citizens Task Force bringing together residents and business leaders with representatives from both the City Council and Planning Commission. From project onset through community engagement and into development of recommendations, these two groups provided objective insights through their respective lenses - whether operational and functional through the Steering Committee or value and community- based from the Task Force. The project followed a process of information-gathering in advance of developing planning options and priority timelines, including tasks to: • Understand the Buildings: Review of prior assessments, studies, capital improvement plans, and deferred maintenance logs. On site review of building and systems by architects, engineers, interior BKV GROUP | OERTEL ARCHITECTS10 EXECUTIVE SUMMARY BKV GROUP | OERTEL ARCHITECTS10 SECTION TITLE designers and department-specific planners led by department heads and facility managers. • Understand the Operations: Dialogue with department heads and staff about current operations and the impact of facilities on workflow, safety, service, and staffing. Included discussion of mobilization from buildings to services provided within the community, collaboration between departments, issues impacting resident access to facilities and services, and issues where current regulations, requirements, and best practices cannot be accommodated within existing facilities. • Engage the Community: Intentional touchpoints with ten key community stakeholders and the Golden Valley community at-large to inform project priorities, to share project progress, and to gain input on planning recommendations. As this work was completed during the COVID-19 pandemic, most of these efforts utilized digital technology - digital meetings, live interactive forums, and interactive websites - in addition to providing physical resources available for resident use. Beginning with invitations and outreach via social media and physical mailers, this process included two rounds of multi-lingual surveying (both digital and physical), a preliminary fact-sharing open house video of existing facilities distributed through multiple channels, and a live public forum with department heads available for Q&A. A full summary and raw data are available in this report’s appendices. • Explore the Options: Working from our analysis of available data, the project team developed a series of planning options for the downtown campus that encompassed a range of building and site configurations to address project priorities in different ways, as well as the creation of recommended configurations for the two offsite facilities (Public Works and the Remote Fire Station) to inform future site selection. Options were presented to the Steering Committee, Task Force, City Manager, and City Council for review and input, before refinement into two recommended scenarios for public input. • Establish Recommendations, Phasing & Costs: Final recommendations reflect cycles of review with the public and key project stakeholders to fully embody the goals and priorities of this project and the related long- term civic vision. Planning scenarios reflect an understanding of efficient phasing to allow departments to continue operating out of existing buildings without needing to move to temporary locations during construction of new facilities. Working with Kraus Anderson for insights into construction phasing and costs, the recommendations include a timeline for phased implementation of projects intended to apportion project costs across a thirty-year timeline to allow the City to manage their debt and responsibly plan implementation. For City Hall and the Police Department, which fall at the end of this phasing, near-term renovations of existing facilities are recommended to address current critical needs. BKV GROUP | OERTEL ARCHITECTS 11 GOLDEN VALLEY MUNICIPAL FACILITIES STUDY BKV GROUP | OERTEL ARCHITECTS 11 GOLDEN VALLEY MUNICIPAL FACILITIES STUDY SPACE PROGRAM REQUIREMENTS To help determine current and long-range department operational space requirements, the planning team used a number of strategies to assess and project these needs including: onsite evaluation of existing operational spaces, reviewing operational and equipment changes since each facility’s construction or latest renovation, understanding planned and projected staffing and operational changes, and an assessment of each department and facility against current industry standards, requirements, and trends. The following table summarizes program (space needs) requirements developed during this study, reflecting existing operations, industry standards, benchmarks, and regulations, and projected in five year increments. Detailed program matrices for each department and facility are including in this report’s appendix. While some facilities such as City Hall do not require a significant increase in square footage, it should be noted that the recommendation to build new is based on the ability to be more efficient with space, to provide greater long-term flexibility, in a facility that can provide more area devoted to net assignable uses and less for circulation. EXISTING 2021 5-YR.10-YR.15-YR.20-YR. AREA PROGRAM PROJECTED PROJECTED PROJECTED PROJECTED City Hall Department Spaces 14,522 15,192 15,948 15,948 16,395 Support Spaces 10,818 10,818 10,818 10,818 10,818 24,409 25,340 26,010 26,766 26,766 27,213 TOTAL GROSS SQUARE FOOTAGE 25,341 27,874 28,611 29,443 29,443 29,934 Public Safety Building Police Department Department Spaces 21,939 22,178 22,417 22,651 22,878 Support Spaces 11,405 11,405 11,405 11,405 11,405 15,147 33,343 33,583 33,822 34,056 34,283 Fire Department:Station #1 23,062 3,140 9,544 26,202 ---- TOTAL GROSS SQUARE FOOTAGE 26,979 65,500 ---- Fire Department -Remote Fire Station new 13,688 new 2,400 16,088 ---- TOTAL GROSS SQUARE FOOTAGE 19,627 ---- Public Works Department 2021 10 YEAR 20 YEAR 50 YEAR Buildings &Conditioned Spaces 59,425 111,865 123,552 129,881 137,327 Site Features &Unconditioned Storage 281,433 375,086 403,122 414,895 428,219 TOTAL GROSS SQUARE FOOTAGE 340,858 486,951 526,674 544,776 565,546 Program recommendations address department's projected staffing and operations for 20+years Usable SF Subtotal Remote Station Department Spaces Remote Station Support Spaces Usable SF Subtotal Station No.1 Department Spaces Station No.1 Support Spaces Usable SF Subtotal USABLE AREA REQUIRED Program recommendations address department's projected staffing and operations for 20+years Usable SF Subtotal BKV GROUP | OERTEL ARCHITECTS12 EXECUTIVE SUMMARY BKV GROUP | OERTEL ARCHITECTS12 SECTION TITLE PLANNING STRATEGIES NE Quadrant Planning Strategies: Proposed planning addresses project requirements, site capacity, and long-term vision for this block identified in the Downtown Study. • Utilize Center of the Block for Public Safety Maintaining co-location of the Police and Fire Departments within a single Public Safety building ensures departmental relationships proven invaluable for providing service in the field while also providing an efficiency of physical resources. Right-sized for the equipment, operations, and requirements of today and the future, the new Public Safety facility including related access drives, aisles, and parking, is most efficiently sited at the center of the NE quadrant block. • Provide North-South Pedestrian + Bike Path Connecting to Luce Line Trail Holistic redevelopment of the NE quadrant allows for intentional integration of a new pedestrian and bike corridor running North-South through the site connecting to the Luce Line Trail. This element brings additional green space to the block and encourages safe pedestrian access. • Create New East-West Connecting Drives for Access and Parcels Adding two new east-west connecting drives between Winnetka Ave and Rhode Island Ave: one south of the McDonald’s, and one, an extension of the current drive into the Hennepin County library, will increase and manage access into the site, increase pedestrian safety with new crosswalks, facilitate movement of Public Safety vehicles, and help define new parcels for development by the City and for release to developers. The design of the south drive as a multi-use pedestrian-friendly design will allow the new street to serve as expanded event and gathering space when closed to vehicular traffic. • Integrate Outdoor Public Event Space With a history of hosting larger community-wide events such as Market in the Valley, a seasonal farmer’s market, including space for outdoor gathering and events is a critical component of the project’s program. Planning includes a 1,000 person gathering space and a building for public restrooms, catering support kitchen and administration. Planning approaches also utilize the south access drive as a pedestrian-friendly road designed to be used as shared space for additional gathering and events. • Release Parcels for Redevelopment A key opportunity identified by previous visioning studies and community input is to release portions of the City’s current property for mixed-use redevelopment to provide more residential properties and more spaces for businesses. This is achieved through the relocation of Public Works offsite, and through relocation of Public Safety and City Hall. The proposed planning yields parcels of a size attractive to developers, with key frontages and access. BKV GROUP | OERTEL ARCHITECTS 13 GOLDEN VALLEY MUNICIPAL FACILITIES STUDY BKV GROUP | OERTEL ARCHITECTS 13 GOLDEN VALLEY MUNICIPAL FACILITIES STUDY RHODE ISLAND AVE N.WINNETKA AVE N.10TH AVE N. BASSET C REE K BASSETT C R E E K CENTER PARCEL(4.19 ACRES) SOUTHWEST PARCEL (1.95 ACRES) SOUTHEAST PARCEL (1.70 ACRES) NORTHEASTPARCEL (1.14 ACRES) NEW LIMI T E D A C C E S S S T R E E T / COMMM O N S P A C E NEW ACCESS DRIVE McDONALD'SPARCEL(1.32 ACRES) WATER TOWER GOLDEN V A L L E Y R O A D LUCE LINE TRAIL 200' - 0"N NORTHWEST PARCEL (2.48 ACRES) *CURRENTLY OWNED BY HENNEPIN COUNTY 01 CITY HALL FIRE STATION No. 1 POLICE DEPARTMENT HENNEPIN COUNTY LIBRARY PUBLIC EVENT SPACE GREEN SPACE NEW DEVELOPMENT 02 03 04 05 06 07 01 04 07 01 04 06 02 03 01 07 01 07 07 05 Figure 3 NE Quadrant Site Strategy showing (2) new E-W connectors between Winnetka Ave N and Rhode Island Ave N. This approach to the overall use of this site is based on principles and recommendations developed in the 2018-2021 Downtown Study related to redevelopment of downtown Golden Valley while also reflecting this project’s review of program and operational space needs and access requirements.The proposed approach to site parcelization for release for development and use by the city also allows a phased approach to demolition of existing buildings, reconfiguration of the site, and construction of new structures. BKV GROUP | OERTEL ARCHITECTS14 EXECUTIVE SUMMARY PLANNING RECOMMENDATIONS Preliminary planning options explored a range of options for the NE quadrant block, each maintaining the existing structures to remain (Library, McDonald’s, water tower) and offering different locations for development and municipal facilities. These options included the common elements already identified (north-south pedestrian/bike path, east-west access drives, integrated stormwater management). Option A retained and expanded City Hall in its existing location, and provided new development only on the corner of Rhode Island Ave and Golden Valley Rd. A series of Option D’s - D, D2, and D3, maximized land for development, with the south third of the site along Golden Valley Rd dedicated to new multi-use development, achieved by relocating City Hall to the north side of the site, either standalone or co-located with a Golden Valley branch library. Following dialogue with project stakeholders about preliminary planning options, two schemes were identified as most fully incorporating project goals and objectives: Option B and Option C. Both schemes reflect the goals of the Downtown Study, the recommendations for overarching changes and NE Quadrant planning strategies identified during this study while also offering two different approaches to maximizing redevelopment. In both schemes, public entries to City Hall and Public Safety face one another, to allow for easy navigation between facilities and to create a stronger sense of identity. • Option B: Maximize Parcels Available for Redevelopment In this scheme, Golden Valley City Hall would relocate to the corner of Rhode Island and Golden Valley Road located at the first floor of a combined development with multi-family housing above. This approach preserves the visible presence of City Hall along Golden Valley Road and leaves the NE parcel of the block for low to mid-rise redevelopment. Co-location of City Hall with residential is an emerging technique that offers economic, cultural, and social benefits, although it also requires forethought and planning in regards to the arrangement between developer and municipality. Per the Downtown Study, it is intended that redevelopment along Winnetka and Golden Valley contain retail and commercial opportunities at street level alongside City Hall, with housing above and parking below. • Option C: Separate Municipal Facilities and Development Parcels In this scheme, Golden Valley City Hall relocates to the NE parcel on the block directly opposite the Golden Valley branch library. This scheme provides an opportunity to develop shared exterior resources between both facilities to allow for public events and gathering, and with shared surface parking and below City Hall, encouraging “one-stop” visits to both resources. In this scheme, City Hall, Public Safety and the Library all face one another, establishing a strong civic presence. The south side of the block, two independent parcels, is entirely available for multi-story redevelopment, intended to have commercial and retail at grade, with housing above. This project and the Downtown Study both identified the opportunity of potential co-location of Golden Valley City Hall with the Golden Valley branch of the BKV GROUP | OERTEL ARCHITECTS 15 GOLDEN VALLEY MUNICIPAL FACILITIES STUDY Figure 4 Option B: Maximize Parcels for Redevelopment Entries to the relocated City Hall and Public Safety buildings face inward to the new shared-use street, with surface parking and additional public parking available below the multi-family housing. Subject to future design, the form of City Hall could intentionally be expressed as somewhat distinct from the housing above, to preserve a sense of identity. NOTE: Massings shown for multi-use development are representative only, and align with Downtown Study recommendations for frontages and industry best practices for floorplate depth re: double-loaded corridor and unit sizes. Hennepin County Library; dialogue with the County and Library indicates that this may be beneficial, although neither entity was prepared to make a commitment at this time. In this scheme, should a partnership be desired and defined, City Hall and the Library could co-locate on the NE or the NW portion of the site, utilizing the site topography for a multi-level structure that would be more efficient, could utilize shared resources such as restrooms, meeting rooms, and parking, while providing more space for shared outdoor amenities and potentially providing an area of land for release to developers. BKV GROUP | OERTEL ARCHITECTS16 EXECUTIVE SUMMARY Figure 5 Option C: Separate Municipal Facilities and Development Parcels In this scheme, City Hall and Public Safety are oriented towards the Library and Basset Creek, providing easy pedestrian access between buildings. Given the topography of the north side of the site, City Hall is a two-story structure with public functions consolidated to a single floor, with staff functions on the other, and a parking garage beneath. The two south parcels are available for development, fronting both Golden Valley and the new shared-use street, with a centralized outdoor event space flanked by stormwater management features that become landscape amenities. Figure 6 Alternate for City Hall and Library Co-Location Leveraging the site topography would allow for at-grade access to City Hall at street level, and at-grade access to the library at the level of basset Creek and a new civic promenade. As shown here, this scheme could include another parcel for multi-family development, or that portion of the site could be left open as public outdoor space. GOLDEN V A L L E Y R O A D RHODE ISLAND AVE N.WINNETKA AVE N.10TH AVE N. LUCE LINE TRAIL BASSET C REEK PROMENADEPROMENADE SECURE STAFFPARKINGPROMENADE04 11 0201 05 09 TO SQUADGARAGE 06 07 P S P P 08 S S S BASSETT C R E E K 01 PUBLIC ENTRANCE1 FLOOR CITY HALL EVENT SUPPORT 1 FLOOR POLICE DEPARTMENT2 FLOORSSQUAD GARAGE + SUPPORTSPACES BELOW FIRE DEPARTMENT2 FLOORS OUTDOOR EVENT SPACE1,000 PERSON CAPACITY S P SECURE PRIVATE PARKING LOT PUBLIC PARKING LOT 02 07 04 03 06 2 FLOORS, SUBSURFACE PARKING MULTI-FAMILY HOUSING190,000 - 215,000 SF5-6 FLOORSSUBSURFACE PARKING, GROUNDLEVEL RETAIL, HOUSING ABOVE 09 MULTI-FAMILY HOUSING220,000 - 235,000 SF5-6 FLOORSSUBSURFACE PARKING, GROUNDLEVEL RETAIL, HOUSING ABOVE 10 HENNEPIN COUNTY LIBRARY051 FLOOR STORMWATER MANAGEMENT+ BERMS08 MULTI-FAMILY HOUSING70,000 - 75,000 SF4 FLOORSSUBSURFACE PARKING 11 10 01 03 200' - 0"N WATER TOWER SHARED USE S TREE T [PED ./B IKE /AU TO ] NEW ACCESS DRIVE FIREENGINEBAY GOLDEN V A L L E Y R O A D RHODE ISLAND AVE N.WINNETKA AVE N.10TH AVE N. LUCE LINE TRAIL BASSET C REE K PROMENADEPROMENADESECURE STAFFPARKINGPROMENADE04 11 0201 05 09 TO SQUADGARAGE 06 07 P S P P 08 S S S BASSETT C R E E K 01 PUBLIC ENTRANCE1 FLOOR CITY HALL EVENT SUPPORT 1 FLOOR POLICE DEPARTMENT2 FLOORSSQUAD GARAGE + SUPPORTSPACES BELOW FIRE DEPARTMENT2 FLOORS OUTDOOR EVENT SPACE1,000 PERSON CAPACITY S P SECURE PRIVATE PARKING LOT PUBLIC PARKING LOT 02 07 04 03 06 2 FLOORS, SUBSURFACE PARKING MULTI-FAMILY HOUSING190,000 - 215,000 SF5-6 FLOORSSUBSURFACE PARKING, GROUNDLEVEL RETAIL, HOUSING ABOVE 09 MULTI-FAMILY HOUSING220,000 - 235,000 SF5-6 FLOORSSUBSURFACE PARKING, GROUNDLEVEL RETAIL, HOUSING ABOVE 10 HENNEPIN COUNTY LIBRARY051 FLOOR STORMWATER MANAGEMENT+ BERMS08 MULTI-FAMILY HOUSING70,000 - 75,000 SF4 FLOORSSUBSURFACE PARKING 11 10 01 03 200' - 0"N WATER TOWER SHARED USE S TREE T [PED ./B IKE /AU TO ] NEW ACCESS DRIVE FIREENGINEBAY GOLDEN V A L L E Y R O A D RHODE ISLAND AVE N.WINNETKA AVE N.10TH AVE N. LUCE LINE TRAIL BASSET C REE K PROMENADEPROMENADESECURE STAFFPARKINGPROMENADE04 11 0201 05 09 TO SQUADGARAGE 06 07 P S P P 08 S S S BASSETT C R E E K 01 PUBLIC ENTRANCE1 FLOOR CITY HALL EVENT SUPPORT 1 FLOOR POLICE DEPARTMENT2 FLOORSSQUAD GARAGE + SUPPORTSPACES BELOW FIRE DEPARTMENT2 FLOORS OUTDOOR EVENT SPACE1,000 PERSON CAPACITY S P SECURE PRIVATE PARKING LOT PUBLIC PARKING LOT 02 07 04 03 06 2 FLOORS, SUBSURFACE PARKING MULTI-FAMILY HOUSING190,000 - 215,000 SF5-6 FLOORSSUBSURFACE PARKING, GROUNDLEVEL RETAIL, HOUSING ABOVE 09 MULTI-FAMILY HOUSING220,000 - 235,000 SF5-6 FLOORSSUBSURFACE PARKING, GROUNDLEVEL RETAIL, HOUSING ABOVE 10 HENNEPIN COUNTY LIBRARY051 FLOOR STORMWATER MANAGEMENT+ BERMS08 MULTI-FAMILY HOUSING70,000 - 75,000 SF4 FLOORSSUBSURFACE PARKING 11 10 01 03 200' - 0"N WATER TOWER SHARED USE STREE T [PED . /B IKE/AU TO ] NEW ACCESS DRIVE FIREENGINEBAY GOLDEN V A L L E Y R O A D RHODE ISLAND AVE N.WINNETKA AVE N.10TH AVE N. LUCE LINE TRAIL BASSET C REE K PROMENADEPROMENADESECURE STAFFPARKINGPROMENADE04 11 0201 05 09 TO SQUADGARAGE 06 07 P S P P 08 S S S BASSETT C R E E K 01 PUBLIC ENTRANCE1 FLOOR CITY HALL EVENT SUPPORT 1 FLOOR POLICE DEPARTMENT2 FLOORSSQUAD GARAGE + SUPPORTSPACES BELOW FIRE DEPARTMENT2 FLOORS OUTDOOR EVENT SPACE1,000 PERSON CAPACITY S P SECURE PRIVATE PARKING LOT PUBLIC PARKING LOT 02 07 04 03 06 2 FLOORS, SUBSURFACE PARKING MULTI-FAMILY HOUSING190,000 - 215,000 SF5-6 FLOORSSUBSURFACE PARKING, GROUNDLEVEL RETAIL, HOUSING ABOVE 09 MULTI-FAMILY HOUSING220,000 - 235,000 SF5-6 FLOORSSUBSURFACE PARKING, GROUNDLEVEL RETAIL, HOUSING ABOVE 10 HENNEPIN COUNTY LIBRARY051 FLOOR STORMWATER MANAGEMENT+ BERMS08 MULTI-FAMILY HOUSING70,000 - 75,000 SF4 FLOORSSUBSURFACE PARKING 11 10 01 03 200' - 0"N WATER TOWER SHARED USE S TREE T [PED . /B IKE/AUTO ] NEW ACCESS DRIVE FIREENGINEBAY BKV GROUP | OERTEL ARCHITECTS 17 GOLDEN VALLEY MUNICIPAL FACILITIES STUDY PRIORITY RECOMMENDATIONS, PHASING & COST ESTIMATES As an outgrowth of project assessment, analysis, and dialogue, the team has developed recommendations that address investments into City property and facilities to address known operational and infrastructure issues and to ensure long-term adaptability for the City to continue providing high levels of service across all departments for the next 50 years and beyond. Project recommendations can be defined into two categories: overarching changes, and NE quadrant planning strategies. Overarching Changes: The following changes are critical, regardless of planning strategy or phasing timeline. • Near-Term Transition of Fire Department Operational Model Invest in an operational transition from paid-on-call three station model to a 24/7 duty-crew two station model. This transition will ensure long-term consistency of fire department personnel and operations. In order to make this operational change, facilities that support and accommodate this model; this project proposes investment in a new remote fire station that meets these needs and can allow the operational transition to occur while the department continues to operate out of the Downtown Fire Station (Public Safety Building) until it is relocated as part of long-term planning. • Near-Term Investment in Public Safety Building for Police Operations Perform strategic renovation and expansion of the existing public safety building to address critical facilities issues with direct impact on current police department operations: expand locker space including sufficient capacity for staff growth; provide an additional public interview room and conference room adjacent to the building entry, accessible from the public lobby; rework office space for workflow and efficiency; improve evidence intake and storage areas; and address issues with sergeant's work area and report writing stations. Improvements will focus around providing the necessary operational and support spaces to strengthen the city’s ability to recruit and retain high-quality law enforcement personnel. • Relocate Public Works from Downtown and Consolidate to A Single Site Relocating Public Works to a site zoned for Industrial uses will allow consolidation of resources to a single site, reducing operating costs and seasonal mobilization, while also freeing up the NE quadrant for redevelopment and eliminating existing issues with equipment and vehicle traffic downtown. • Redevelop NE Quadrant to Meet Downtown Planning Goals Investment in the NE Quadrant will contribute to long-term goals for civic redevelopment by increasing development density, providing expanded housing, commercial, and retail space, and enriching the outdoor spaces and amenities available to residents and visitors. Relocation of City Hall and Public Safety into new facilities meets two broad goals: providing more efficient and adaptable space for long-term service and freeing up two parcels most valuable for multi-use . BKV GROUP | OERTEL ARCHITECTS18 SECTION TITLE Figure 6 Proposed Project Priority Timeline This diagram is intended to communicate critical project priorities - such as creation of the new remote fire station to enable the fire department operational transition - as well as to define the critical path projects: relocation of public works to a new site to free up the downtown NE quadrant for phased redevelopment over time. This diagrams was developed in dialogue with each department, reflecting conversations with the Steering Committee and Task Force, and utilizing the advice of the project’s Construction Manger relative to project sequencing and phasing. This is only intended as a guide, and is subject to the City’s final financial strategy for project funding. Prioritizing Project Phasing The breadth of work included in this project requires a strategy for implementation that allows work to proceed in phases. This allows debt to be managed over time with allocation of funds for discrete facilities in sequence prioritized by existing building limitations and challenges. Following a review of critical issues, construction sequencing, and projects that enable other work, the project team has proposed the following prioritized sequencing for project phasing: a timeline intentionally silent on specific years and organized instead into general timing over the proposed 30 year life span of implementation, with prioritized projects and investments within ten years, larger-scale projects executed in ten to twenty years as budget allows and to facilitate the long- term projects, which may be executed in a twenty to thirty year time frame. As indicated in this sequence, focused renovations within Public Safety and City Hall’s existing facilities are strongly recommended in the near term to address critical issues and to ensure smooth operations until departments move to new structures in 2040 and 2050. BKV GROUP | OERTEL ARCHITECTS 19 GOLDEN VALLEY MUNICIPAL FACILITIES STUDY PROJECT COST PROJECTIONS Following development of program recommendations and a strategic long-term phased implementation plan, cost estimates were prepared drawing on benchmark cost data for projects of similar sizes and types within the Twin Cities Metropolitan area. The costs listed below are identified by proposed timeline for construction; planning and design work would precede these dates by 12 to 24+ months. Cost projections include two primary components: construction costs (“hard” costs) related to physical development of a building site and construction or renovation of a structure, and “soft” costs that encompass professional design and engineering services, furniture, fixtures and equipment (FF&E), security and low-voltage technology (AV/IT), moving costs, permitting, and special inspections (as required by building code). When costs are developed in a preliminary planning phase such as this, there is much that is as yet unknown about project scope and requirements, so each contain a line item for contingencies - or the unknowns of a project: in construction costs there is both a design contingency (to address changing scope and design requirements identified through the design phases) and a construction contingency (to address unforeseen conditions that arise during construction), and it is highly recommended for an owner to carry their own owner’s contingency within their “soft costs” of the project, as a protection of overall project budgeting. The proposed project phasing disperses work across a potential timeline of thirty years, to address the city’s goal of controlling debt management and impact to residents. Project costs have been provided in 2021 dollars, with a separate line item for escalation (or inflation) of projected costs to the midpoint of construction, using a national and industry benchmark of 3.5% per year, on average. It should be noted that as a result of the COVID-19 pandemic, actual inflation rates experienced between 2019 and 2021 have been more than double (varying by specific labor market and materials). We recommend that the city re-evaluate the proposed project phasing annually, to explore financial strategies that could move projects forward sooner. Completing the full recommended scope within a shorter overall duration will result in long-term savings to the community. Lower overall project costs could be achieved with the reduction of compounded inflation for individual facilities, with potentially reduced interest rate impacts, and the ability to realize the annual operational savings of more efficient, consolidated city services. BKV GROUP | OERTEL ARCHITECTS20 EXECUTIVE SUMMARY GOLDEN VALLEY MUNICIPAL FACILITIES MASTER PLAN BKV GROUP | OERTEL ARCHITECTS 21 GOLDEN VALLEY MUNICIPAL FACILITIES STUDY CRITICAL NEEDS BKV GROUP | OERTEL ARCHITECTS 21 FIRE DEPARTMENT BACKGROUND: EVOLUTION IN OPERATING MODELS In 1943, the city of Golden Valley authorized mobilization of a 39-member volunteer fire department which operated out of two fire stations until the 1970s, when the city closed its oldest station and built Fire Stations #2 and #3. The department’s current operating model is paid-on-call, wherein volunteers with full-time jobs are ‘on call’ part time and respond to notifications when received. In this model, all firefighters on call during a shift must report to their station, with those arriving first reporting out to a call unless it is significant enough to warrant a larger crew. This has two outcomes that impact current critical issues: 1.Response times (the time it takes between an incoming call and the fire department reporting to that location) currently include the time it takes firefighters to travel from work or home to the station, and then from the station to the location of a call. This can be challenging when firefighters work or live at a distance from the stations. 2.All on-call firefighters in a given shift must report to the station when a call comes in. This means firefighters may report to the station only to find out they are not needed, which is both a loss of time and also a missed opportunity to engage in the act of firefighting. The current paid-on-call operating model relies on volunteers that are willing and able to accommodate the unpredictability of on-call work, and must have work and home structures that support unpredictable departures, a specific challenge when both parents work outside the home, which is an increasing number of households. Across the country, there has been a decline in paid- on-call service, as work and life commitments take precedence. Even as early as 2007, the U.S. Fire Administration summarized this shift: Fire departments can no longer count on the children of current members following in their parent’s footsteps. Nor can they count on a continuous stream of community people eager to donate their time and energy to their local volunteer fire department. Adding to the problem, departments cannot rely on members staying active in the volunteer fire service for long periods of time. “U.S. Fire Administration, Retention and Recruitment for the Volunteer Fire Services.” FEMA FA-310, May 2007. Since late mid-1990’s the City of Golden Valley has committed to recruitment and retention, with outcomes eroded by the transition of nearby St.Louis Park, Eden Prairie, Plymouth and Minnetonka to a majority of duty crew firefighters. In a 24/7 duty crew model, volunteer firefighters are scheduled in shifts providing active service 24 hours a day, with firefighters based in a fire station during their shift. BKV GROUP | OERTEL ARCHITECTS22 CRITICAL NEEDS A 24/7 duty crew model offers key benefits and consistency: 1.Response times are more efficient, with firefighters reporting directly from a station to a call. 2.Within each shift, firefighters based out of a station are available for calls, can complete required training, and can contribute to equipment maintenance. BKV GROUP | OERTEL ARCHITECTS 23 GOLDEN VALLEY MUNICIPAL FACILITIES STUDY Fire Department: Figures 1-3 Fire Trucks (Apparatus) (Left to Right): Golden Valley ‘Old Number One,’ a 1923 Oshkosh used by the department and currently in storage at Fire Station #2. This valuable piece of history is not currently on public display due to lack of space. Golden Valley No. 8, historic photo circa 1960s; note the automobile-width truck. Golden Valley Ladder 11 as housed in Fire Station #1 (combined Public Safety building), 2020. Apparatus are wider, longer, taller, and heavier than in the past. BKV GROUP | OERTEL ARCHITECTS24 CRITICAL NEEDS 3.Shifts are scheduled and known, and can be coordinated and planned in advance with other work and life commitments. BACKGROUND: 2016 STUDY In 2016, the City of Golden Valley invested in a Review of Fire/Rescue Services, a study and report on fire service facilities and operations led by Fire Rescue Analytics LLC and Five Bugles Design. The purpose of the study was to assess the “sustainability, effectiveness, and efficiency” of GVFD operations, to provide recommendations for improvements, and to “assess the location of the city’s three fire stations and consider alternative options, if any.” (Review of Fire/Rescue Services, 2016, page ii). Key observations and recommendations within this study that were reaffirmed as part of this current municipal facilities study include: A.While the current three fire stations provide adequate coverage of the city, a majority of the effective service area for Fire Stations #2 and #3 are outside of the city’s boundaries. i. Consolidation to two facilities makes staffing, operations, and maintenance more efficient, and can allow GFVD to reduce the total amount of equipment while providing equal or greater levels of service. B. Transitioning from a three station paid-on-call model to a two station duty crew model is critical for consistent staffing and will increase operational efficiency by improving response times by two and a half minutes to four minutes overall. i. Transitioning to a duty crew model provides a more attractive working model for firefighters, reduces response times, and provides a more viable long-term operating model for GVFD. C.None of the existing three stations have the physical capacity (in site size or building construction) to accommodate the necessary facilities for 24/7 duty crew operations, and each was designed for equipment and apparatus of yesterday significantly smaller than today’s equivalents. i. Returning Golden Valley to a two station model is more cost effective long-term, and investment in new facilities will provide staff and equipment spaces of a type and size required by today’s operations. Fire Department: Figure 4 Building Limitations Fire Station #2 with Engine 21: the existing garage bays were designed at a time when apparatus were smaller. As shown in the photograph, current bays are not sufficiently wide enough, causing issues with back-in parking (potential vehicle and structural damage) and with turn-out after firefighters return to the station - i.e. removal of firefighting gear and equipment. BKV GROUP | OERTEL ARCHITECTS 25 GOLDEN VALLEY MUNICIPAL FACILITIES STUDY GOLDEN VALLEY FIRE DEPARTMENT CRITICAL ISSUES: • Critical Issue #1: Urgent Need for Operating Model Transition GFVD continues to face challenges with recruiting and retention, with personnel committing to duty crew service with adjacent communities. As identified in 2016, a transition from paid- on-call to 24/7 duty crew will provide the scheduling consistency valued by current and prospective firefighters while also providing shorter response times. This operational transition requires investment in new physical facilities in order to provide the space types required, as existing facilities do not have the capacity for such changes. - See item #2 below. A duty crew model will still allow Golden Valley to utilize volunteer firefighters, which is more cost- effective than a force entirely staffed by career firefighters. • Critical Issue #2: Facilities that Support Needs & Requirements: • Duty Crew Operations With a duty crew model, staff are based out of a station during their shift within a 24-hour period, which requires facilities to include living facilities such as a kitchen, day room, bunk rooms, and shower/changing/locker areas, as well as on site training facilities. Existing facilities do not have any extra space to incorporate the full complement of space types required to support this recommended operational model. • Accommodating Equipment and Apparatus Since the original fire stations were constructed nearly fifty years ago, the size of equipment and apparatus have increased: vehicles are wider and longer, and each firefighter carries additional gear and apparatus. Currently, in all three stations, firefighter lockers are located within vehicle bays, no longer considered a best practice - see next item. Fire Stations #2 and #3 require backing in trucks when returning from a call, which increases opportunities for vehicle and building damage; Fire Station #1 is designed as pull-through, but as vehicle bays are shared with the Police Department, the facility largely functions as pull-in/pull-out. The physical structure of existing facilities was based on older, smaller vehicles and equipment; “up-sizing” facilities for current equipment sizes would be a costly enterprise when the primary structural systems of the building are impacted. Fire Department: Figure 5 Lack of Zoning Fire Station #1. Firefighter lockers and gear are currently located within the apparatus bays (at all three fire stations). This places clean gear and equipment adjacent to vehicles, an issue related to proper zoning of uses. Current best practices use zoning to separate out different spaces and functions in a fire station related to potential contaminant exposure: hot zones for highest hazard, yellow zones for transition, and green zones for low hazard. Ideally, fire apparatus and returning gear (exposed to contaminants at a fire) are separated from areas of cleaning and drying, and from areas where clean gear is stored and personnel are working at the station. BKV GROUP | OERTEL ARCHITECTS26 CRITICAL NEEDS Fire Department: Figure 6 Response Times Top: 2016 Response time map of current 3- Station Model by Five Bugles. This model provides adequate coverage to Golden Valley, with Fire Stations #2 and #3 providing coverage beyond Golden Valley. At left: 2021 response time map of service from Fire Station #1 (only), indicating sufficient coverage of central and west Golden Valley. A future remote fire station should be located to provide complimentary coverage of the City’s east side with a comparable level of response time, leveraging access to Highway 100 and Highway 55. Fire Chief John Crelly has noted departmental analysis indicates a transition to a paid-on-call 2-station model will reduce overall response times by ensuring staff are at stations when calls are received. BKV GROUP | OERTEL ARCHITECTS 27 GOLDEN VALLEY MUNICIPAL FACILITIES STUDY POLICE DEPARTMENT BACKGROUND Golden Valley’s Police Department currently operates with a community policing model: one centered on relationship-building with the community including positive connections and partnerships, early intervention, and prevention. Through this model, the department provides progressive community service and law enforcement, including crime prevention, patrol, investigation, and prosecution. As noted by the International Association of Chiefs of Police: “Well-designed police facilities enable staff to perform their duties efficiently, effectively, and securely. As a facility ages, it may no longer meet the needs of an evolving department, thus, negatively affecting morale, efficiency, safety, security, technology, and overall delivery of police services.” (https://www.theiacp.org/sites/ default/files/2019-10/Police_Facilities_Planning_Guidelines.pdf). More than five decades have passed since the design and construction of the current facility: operational changes during that time, and ongoing at present, shape needs that the current facility cannot accommodate. With this, the Golden Valley Police Department has struggled to recruit and retain staff as the facility lacks appropriate operational and staff support spaces, losing quality officers to neighboring communities. When Golden Valley’s police facility was originally constructed in 1966 as a one story structure plus lower level, it was a standalone building designed around an older model of service and operations and a very different understanding of gender balance in staffing. The building was originally expanded in 1973, partially renovated in 1989, expanded in 1995 when Fire Station #1 was attached to the back (east) of the building, and underwent a focused interior renovation in 2005. These updates to the facility offered incremental improvements in functionality, while also introducing complexity as additional program spaces and uses were added. Police Department: Figures 1 & 2 Public Lobby and Interview Room The existing lobby is modest, with a single two-person interview room as the extent of unsecure space where the Police Department can meet with the public. To meet with the Fire Department, visitors must be escorted through secure areas. 28 BKV GROUP | OERTEL ARCHITECTS CRITICAL NEEDS Two aspects of the facility continue to impact Police Department operations: • The existing building is of masonry load-bearing walls at both the exterior and the interior. This type of construction, while extremely durable, is also extremely limiting, as adjustments to individual walls, rooms, or areas, requires significant demolition and construction rework. This makes otherwise achievable renovations within an occupied structure largely infeasible for cost and operational impact. • The Police and Fire Department share a single training room for staff training and for community training and outreach; scheduling conflicts and lack of specialized training space often required the Police Department to utilize offsite training facilities, which has added direct costs as well as personnel costs for off-shift training as well as travel time. GOLDEN VALLEY POLICE DEPARTMENT CRITICAL ISSUES: • Critical Issue #1: Facilities that Support Gender-Equitable Hiring and Retention As of this report, the Golden Valley Police Department employs more female staff, including officers, CSOs and Community Response Officers (CSRs) than it can provide dedicated lockers for, as the women’s locker room is half the size and capacity of the men’s locker room and is fully assigned. This is a significant issue, as it impacts equitable and safe resources that are due to each employee, regardless of gender. Within the process of this study, this limitation has impacted the department’s hiring process. The Police Department also shares its shower facilities with the Fire Department, as there are no dedicated Fire Department locker rooms. Beyond the limited locker room space and overall number of lockers, the lockers provided are not adequately sized, nor designed for law enforcement needs. The limited space within the lockers and lack of proper ventilation requires individuals to store items outside of their assigned locker units. 29BKV GROUP | OERTEL ARCHITECTS GOLDEN VALLEY MUNICIPAL FACILITIES STUDY • Critical Issue #2: Sufficient, Secure Space for Vehicles and Equipment Currently the Police Department has a single-bay sally port (secure entrance for transporting those under arrest) and a three-bay garage that are directly connected to the police station, with an additional multi-bay garage across the driveway that is attached to the Public Works Parks and Recreation building. These garages are designed for passenger vehicles only without additional space for work, supplies, or indoor storage of impounded vehicles, with the multi-bay garage so shallow that a squad vehicle pulled in touches the face of a workbench, preventing it from being used when vehicles are parked. The department utilizes a portion of the Fire Department’s apparatus bay to park a larger tactical van, and has to park an additional equipment truck in the open parking lot shared by Police and Fire because of a lack of indoor space. The open, un-secured lot shared by both departments is challenging: there are 26 spaces utilized for both department vehicles as well as for staff vehicles for both departments. There are regular and frequent issues when paid-on-call firefighters respond to a fire and double- park their vehicles because of a lack of spaces, leaving police staff blocked in. Current best practices would provide a gated, fenced parking lot for Police Department use, and would provide heated garage space for all departmental vehicles to protect sensitive equipment and supplies such as defibrillators, laptops, and narcan, which otherwise need to be removed from vehicles when they are parked, which increases the number of steps an officer must take before responding to a call. • Critical Issue #3: Meeting Space for the Public Outside of Secure Areas Space for the public within the existing building is severely limited: there are two small benches in the lobby, a single two-person interview room accessible from the lobby, with two spaces requiring a police escort: an additional interview room located within the department’s office space, and community events held in the shared training room on the building’s lower level. This lack of space, and location of public areas within spaces otherwise Police Department: Figures 3, 4, and 5 Women’s Locker Room, Vehicles Stored in Fire Department Garage, and Shared Training Room. Women’s locker space is at capacity without providing enough lockers for current staff or for future hires. Both men’s and women’s locker rooms are too small for current gear and equipment. Subject to availability, the Police Department parks one of their two vans within the Fire Department’s apparatus bay, which prevents the bay from being used as pull-through access (which would be more efficient and safe). The training room serves three purposes: Fire Department and Police Department training, as well as community training and events. There is no furniture storage, so reconfiguration of the room for different types of Police training is severely limited. The room is undersized for current department sizes. BKV GROUP | OERTEL ARCHITECTS30 CRITICAL NEEDS considered secure impacts workflow, projects more of a sense of fortification than welcome, and requires additional procedures for staff to engage with the public. Visitor arrival at a police department impacts perception and response: visitor-friendly public spaces typically include a safe, comfortable waiting area, multiple meeting rooms for use by staff as well as custody exchanges and connection with social services, and direct access to a community meeting room for training and events. The building’s existing layout limits the ability to renovate to provide such accommodations. • Critical Issue #4: Work Space for Evolving Operations Since the last interior renovation in 1995, operations of the Golden Valley Police Department have continued to evolve with that of the discipline nationwide. With a focus on community policing and overall public safety, the department continues to augment its staff of sworn police officers with non-sworn Community Service Officers (CSOs), Community Response Officers (CSRs), with a goal of adding social services staff as budget allows. The Department of Justice recommends: “Changing the climate and culture means supporting a proactive orientation that values systematic problem solving and partnerships. Formal organizational changes should support the informal networks and communication that take place within agencies to support this orientation.” (https://cops.usdoj.gov/RIC/Publications/cops-p157- pub.pdf) Currently staff space is at a premium throughout the department, with single-use offices shared by two staff or more, a sergeant's work area that is undersized and separated, and no dedicated space for CSOs, CSRs, and social services, ideally located adjacent to the building entry for easier and more fluid engagement with the public. • Critical Issue #5: Dedicated Training Space Regular training is a state and local requirement for police officers, within a system that begins with basic training, includes field training, and relies on in-service training throughout the year. The Golden Valley Police Department currently shares a single training room with the Golden Valley Fire Department, a limiting factor for both departments: • Competing demands for scheduling: As it is the only space sufficiently large enough in the building for each department to meet as a group both Police and Fire must coordinate use of the training room for departmental meetings, for planned training, and for use with each department’s community outreach and community training events. While the City’s nearby Brookview complex has capacity for such events, it is so popular that it is typically not available for City use. The current training room is most often set up in “classroom” mode, with rows of tables facing two front screens and boards; this type of setup applies to a minority of in- service training, which also includes a broad application of scenario-based training, where officers practice de-escalation, and the five levels of force: presence, verbal response, empty-hand techniques, non-lethal weapons use, and lethal weapons use. Newly constructed and renovated police facilities typically provide two separate BKV GROUP | OERTEL ARCHITECTS 31 GOLDEN VALLEY MUNICIPAL FACILITIES STUDY training spaces, one for classroom-style learning, and one for ‘use of force’ training; this facilitates department’s investment in practicing methods of engagement and building skills that align with the department’s focus on progressive community service. • Offsite training: GVPD utilizes offsite training locations for two reasons: when space is not available within the building, and when specialized training resources are required. Offsite training brings added costs: rental and usage costs, labor costs associated with staff traveling from the station, and for training that brings staff together outside of normal shift hours. When in-service training can be provided within a station, these costs of money and time are greatly reduced. For example, the current indoor 2-lane firing range does not provide sufficient space for GVPD training activities. Training is typically completed in groups of 4 or more at a time, which the current facility can not accommodate. In addition, scenario-based training can not be completed within the current space and requires off-site training. Existing site constraints: the load-bearing masonry structure with small structural bays, the shared facility with two departments at capacity for staff, equipment, and vehicles, and a site already overly full with undersized spaces for vehicles, make it impossible to address all of the existing facility deficiencies. This project’s recommended near-term renovations and focused expansion will alleviate some of the critical issues of today, allowing the Police Department to function more fully until a new public safety facility can be constructed. BKV GROUP | OERTEL ARCHITECTS32 SECTION TITLE PUBLIC WORKS DEPARTMENT BACKGROUND Golden Valley’s Public Works department encompasses four divisions: Park Maintenance, Street Maintenance, Utility Maintenance, and Vehicle Maintenance, and utilizes both full-time and seasonal staff to maintain the City’s infrastructure, parks, and municipal vehicles and buildings. Work includes planned maintenance projects throughout the year, seasonal maintenance and response, and emergency repairs. Public Works currently operates out of four primary buildings on two different sites: Parks & Streets, Utilities, and Vehicle Maintenance located within the civic campus on the NE quadrant in downtown Golden Valley, and Cold Storage located at 10th Avenue N, approximately 1.7 miles away. Since the construction of Public Works’ facilities between fifty and thirty years ago, there have been two key evolutions in the field: an overall increase in equipment and vehicle sizing, and a trend towards specialization of vehicles, with features that are unique to key maintenance tasks. The two main vehicle buildings: the combined Parks and Streets Maintenance and Utility Maintenance, are beyond capacity, so additional and specialty seasonal vehicles and equipment are stored offsite at 10th Avenue. When those items are needed, two staff at a time must drive over - one acting as a shuttle, and the second to pick up the required equipment. In addition to Public Works Figure 1 Map of Golden Valley Streets, Trails and Sidewalks Public Works maintains the City’s 34.4 miles of sidewalks and 14.6 miles of asphalt trails, more than 1,035 acres of parks and open space, in addition to the city’s sanitary sewer, water, and storm sewer systems. BKV GROUP | OERTEL ARCHITECTS 33 GOLDEN VALLEY MUNICIPAL FACILITIES STUDY Public Works Figures 2 and 3 1969 Site Plan and 2021 Site Plan The City Hall Campus has evolved greatly over time, with unpaved land identified as a home for locating Public Works just after this photo was taken. Public Works’ three facilities and related parking and yard occupy a majority of the City’s available land on a block identified for greater density and a balance of municipal functions and multi-use development. equipment storage, the 10th Avenue site is also home to the city’s primary yard storage: salt, sand, bulk materials storage, site collection areas for yard waste, and miscellaneous un-conditioned (“cold”) storage for Public Works as well as the Police Department. With salt and sand offsite, additional time and planned mobilization is required before and after snow events. Public works departments are not typically located in the heart of a municipal civic center, as public works is a high-traffic often high-noise endeavor, with space use requirements for both buildings and grounds that are expansive, given the nature of the work. With development and increasing density of Golden Valley that has emerged over the last fifty years, public works was initially placed on what was at the time an under-utilized area of cleared land in proximity to City Hall and the Police Department. While the department provides a consistent and high level of service, this is achieved with mobilization that disrupts traffic in the heart of downtown Golden Valley, and on a currently open campus where pedestrians cross from the Calvary Center BKV GROUP | OERTEL ARCHITECTS34 CRITICAL NEEDS Cooperative through Public Works vehicle driveways to McDonald’s, and where visitors to City Hall cross paths with Public Works use of the drive aisles in the main public parking lot. GOLDEN VALLEY PUBLIC WORKS DEPARTMENT CRITICAL ISSUES: • Critical Issue #1: Address Operational Space Deficiencies The size - both in footprint and in vertical height - of equipment and vehicles has increased significantly since the city’s public works facilities were first constructed. As an example, the existing facilities provide a 392 SF parking stall for snow plows; current industry standards given equipment sizing are now 810 SF, more than double in size. With buildings originally constructed out of concrete - i.e. not easily or cost-effectively modified - public works operations require additional time and care to move vehicles and equipment in and out of the garages, as parking stalls are too small, with vehicles using portions of shared center drive aisles for parking. It is not uncommon for additional vehicles to be moved in order to allow others to be accessed or parked, and multi-point turns, requiring more than a half a dozen adjustments, are commonplace for most of the fleet’s larger vehicles. These requirements are not simply an inconvenience of time for drivers and staff who must assist with parking, they also increase the likelihood of vehicle damage, structural damage to garage facilities, personnel injuries or combinations thereof. • Critical Issue #2: Consolidate Resources & Relocate from Downtown The challenges of a two-site Public Works Department add to annual labor and operating costs, and consolidation of primary facilities would be beneficial while providing greater adaptability long-term. With a lack of conditioned storage for all key vehicles, seasonal equipment is currently housed offsite at 10th Avenue Cold Storage; when it is time to transition from summer to winter service, the relocation of vehicles from downtown to 10th Avenue takes one month. Fall/Winter 2020 offered an example of this complexity: with an early snowfall that required mobilization of plows, and a few weeks later a significant warm period requiring lawn movers to be remoblized. The ability to house all major equipment in a single location would allow Public Works to be more nimble in responding to whatever conditions are required throughout each year. Public Works’ current configuration: both over-full facilities and a two-site setup, cause daily impacts to operations and efficiency, as staff have to coordinate access to tools, materials, and storage that are either located behind other elements or equipment, or located at the other facility. Independently, these are managed conditions; in the aggregate this increases time diverted away from service delivery and work. The Downtown Study identified the NE quadrant as a key component of long-term vitality and use for Golden Valley. Relocating Public Works from the NE quadrant to a new location in the city properly zoned for Commercial/Industrial use both benefits Public Works operations with a consolidated location, and also is the ‘key” to unlocking long-term redevelopment of the NE quadrant to meet the City’s Comprehensive Plan and Downtown Study goals for increased development, density, and resources in the heart of downtown. BKV GROUP | OERTEL ARCHITECTS 35 GOLDEN VALLEY MUNICIPAL FACILITIES STUDY • Critical Issue #3: Meet Industry Standards, Regulations, and Applicable Codes Each of the three main Public Work's buildings on the NE Quadrant were built at a time of different standards and regulations, and investment in new facilities will allow the department to comply with current requirements and best practices: • Equitable locker and restroom facilities for both male and female employees. Some of the existing buildings lack any female restrooms. • Separate of equipment bays from office space for acoustics and air quality management. • Provide sufficient space for vehicle and equipment, access, and maneuvering. • Ensure accessible facilities for staff and visitors. Parks and Streets and Utility Maintenance are both split level buildings without elevators. Vehicle Maintenance is accessible at grade but lacks an elevator to access second floor office space. BKV GROUP | OERTEL ARCHITECTS36 CRITICAL NEEDS CITY HALL / ADMINISTRATIVE DEPARTMENTS BACKGROUND Golden Valley’s City Hall is home to the City’s administrative functions: those related to customer service such as the DMV and general services (billing and assessments), those that have both administrative and service functions such as elections and the physical development department, responsible for engineering, planning and inspections, and those departments which are focused on municipal operations: finance, information technology, communications, human resources, and legal. The distinct functions of a City Hall - service, administrative, and council - have distinct spatial requirements that the current building does not accommodate: • Service functions benefit from being visible and easily accessible. Clear wayfinding should allow all visitors - those new to the building, and those who have visited before - to navigate to their destination without confusing or complex directions. • Administrative offices should support completion of focused tasks, while leveraging adjacency of departments to foster collaboration and dialogue. Proximity rather than distribution of administrative offices throughout a city hall also allow for greater spatial efficiency by reducing duplicate amenities and more flexibility and adaptability as department operations and staffing change over time. • Council chambers and associated meeting and waiting areas are the core spaces that communicate the transparency and connection between residents and their government. These spaces should also be visible and easily accessible, while providing sufficient safety measures and acoustic privacy. Traditionally, City Halls have been located in an easily accessible, visible, and central location within a community to provide direct access to key resources and as a physical gesture of the transparency and accountability of government. Golden Valley’s current City Hall includes portions of structures from past decades, including the oldest portion which dates to 1957 and establishes the building’s current position at the corner of Golden Valley Rd and Winnetka Avenue. Over time, additions and renovations have adjusted the front of the building, most recently in the 1980s relocating the front entry from facing south onto Golden Valley Road to facing east towards Public Safety, and inwards on the NE Quadrant block. City Hall and Golden Valley’s administrative departments do not face the same level of issues with the current physical facility - i.e. none related to operational safety or overall building accessibility: critical issues listed would enhance visitor experience and service delivery, streamline operations, and ensure longer-term adaptability. Most critically, this study has affirmed the recommendation of the Downtown Study to relocate City Hall from the southwest corner of the block in order to leverage this prime site for multi-use and multi-story redevelopment at the key crossroads of Golden Valley Road and Winnetka Avenue. BKV GROUP | OERTEL ARCHITECTS 37 GOLDEN VALLEY MUNICIPAL FACILITIES STUDY GOLDEN VALLEY CITY HALL / ADMINISTRATIVE DEPARTMENT CRITICAL ISSUES: Retaining City Hall in its present location has been identified as a block to long-term development opportunities for the NE Quadrant; at the same time, departments within the facility are largely “making do” with the nearly fifty year old facility. The critical issues outlined in this section would be resolved in any new facility that employs industry best practices for city hall space planning. As part of overall project phasing, investment in a focused renovation of the existing building would enhance the visitor experience and improve operations as the building remains in use until such time as a new structure is built (currently targeted for 2050 in this project’s recommendations). • Critical Issue #1: Provide Clear Welcome & Wayfinding The 1980’s renovation and addition re-oriented the building’s entry so that City Hall and Public Safety entries face one another. While this gesture is successful in establishing a connection between these two municipal buildings, it has created two key challenges: • City Hall turns its back to the key intersection of Winnetka Avenue and Golden Valley Road. In addition to no visible building entry from these streets, the landscape also rises and shields the building from view. • Arrival from the building’s main entry is confusing, as there is no welcome desk or main lobby and waiting area: visitors open the door to the building and immediately meet the frequently large waiting lines of the Department of Motor Vehicles (DMV), located immediately adjacent to the entry vestibule. With limited overhead signage, and no other service areas in sight, visitors often wait in line at the DMV believing it is the information desk. Continued wayfinding within the building is also complex and confusing: at the entry level, visitors must find their own way through two changes of direction to reach the service desk for the Physical Development Department or the public restrooms, and at the second floor three turns are required from the stairs and elevator to reach the City Council chambers and the main administration service desk. City Hall Figures 1 and 2 Main Entry & DMV Waiting and Second Floor Hall to Council Chambers The modest space available for overall building arrival is evident in this photo, taken in October of 2020, when temporary COVID-19 protocols included a small staff desk immediately in front of the DMV waiting area. On the second floor, the challenge of blind corridors is evident, with no visual connection into the Cit Council chambers (immediately behind the empty display cases at left) In both photos note the small directional signage placed out of immediate line of sight. BKV GROUP | OERTEL ARCHITECTS38 CRITICAL NEEDS • Critical Issue #2: Address DMV Visitor Volume & Flow As noted above, there are currently regular conflicts between the waiting lines for the DMV, which occur within a main corridor and access to Physical Development and public restrooms. This high volume service department is also a source of revenue. Investing in additional space to provide for onsite driver’s license pictures would expand services and would also be an opportunity to separate the waiting area for DMV with overall access and circulation for visitors to City Hall. • Critical Issue #3: Provide Sufficient Space for Public Functions Given the limitations of the existing building, with remnants of structural bearing walls and relatively tight column spacing, the layout is based on corridors used largely for movement and enclosed department suites fronted by service counters. This means there is extremely limited waiting space: none at the building entry, limited benches and seating at each of the key service windows (DMV, Physical Development, and General Services), and none outside of the City Council chambers at all. This lack of space impacts visitor comfort, leads to crowded lines during times of high usage, and is a limiting factor when the building is more heavily used. In addition to a lack of waiting space, the building does not have sufficient public meeting rooms, i.e. rooms that are directly accessible from public corridors. These are useful for staff to meet with the public without having to bring them into staff work areas, can be used by community partners to connect with residents, and can be available for use by residents. • Critical Issue #4: Relocate City Hall for New Development at Key Intersection Critical to the fulfilling some of the goals set forth in the City’s 2040 Comprehensive Plan and explored further in the Downtown Study, it is highly recommended to relocate City Hall from the highly desirable corner of the intersection of Golden Valley Road and Winnetka Avenue. This parcel would be extremely attractive to developers, and consistent with the vision of the City Hall Figures 3 and 4 Council Chamber Hallway/Waiting and Physical Development Waiting Area While the corridor immediately adjacent to the City Council Chambers is wider than average, there is no seating, and gatherings in the hallway are both visually and acoustically distracting through the full-height non-acoustic glass partitions into the chambers. A 2019 renovation reconfigured the service counters at Physical Development, providing a modest waiting area where there was previously none. Photo taken October 2020 when City Hall was largely closed to the public. BKV GROUP | OERTEL ARCHITECTS 39 GOLDEN VALLEY MUNICIPAL FACILITIES STUDY Downtown Study, would help establish a more strong visual presence at this key intersection, with multi-use, multi-story development. Proposed planning recommendations offer alternatives that either allow City Hall to maintain a street presence along Golden Valley Road, or to relocate to the NE corner of the block, where it can have a different sort of visibility and prominence in relation to Basset Creek and the Library. City Hall Figure 5 July 2019 Street View of the Intersection of Golden Valley Road (right) and Winnetka Avenue N (left) City Hall is located behind the pergola, trees, and landscape berm which faces this key intersection. With prominent visibility, this corner of the block would be significant in establishing a new sense of arrival and destination within the heart of downtown Golden Valley. 40 BKV GROUP | OERTEL ARCHITECTS CRITICAL NEEDS - This Page Left Blank Intentionally - APPENDICES 41BKV GROUP | OERTEL ARCHITECTS GOLDEN VALLEY MUNICIPAL FACILITIES STUDY BKV GROUP | OERTEL ARCHITECTS GOLDEN VALLEY MUNICIPAL FACILITIES STUDY 04 NEAR-TERM POLICE STATION PLAN CONCEPT BKV GROUP | OERTEL ARCHITECTS GOLDEN VALLEY MUNICIPAL FACILITIES STUDY NEAR-TERM POLICE STATION PLAN CONCEPT BACKGROUND Throughout the early assessment and programming phases of this project, the police department identified issues with the existing facilities that presented challenges to efficient operations aligned with current operating standards. Early considerations of prioritization between other facilities and departments including police suggested that it might be possible for the department to continue operating out of the existing facility with only modest investment in capital improvements to the facility before a new one was constructed to address issues holistically as part of the overall campus improvements and reconfiguration. As financing projections and recommendations expanded the overall timeline of implementation for campus improvements and a future consolidated Public Safety building shifted outwards further in time, it became necessary to acknowledge how pressing current issues with the facilities are, relating to day-to-day operations, hiring, and retention, since staff departures continued throughout the time of this projection and completion of final recommendations. Following completion of project financing and phasing timelines, the design team reconnected with City representatives, including Physical Development Director Marc Nevinski, interim Police Chief Scott Nadeau and Fire Chief Crelly (re: shared existing Public Safety building), to review concerns and insights to inform recommendations to enable continuity of service and quality of service for the period in which the Police Department continues to operate out of the existing Public Safety facility. Immediate needs identified by the department focused on critical needs such as lockers, open workspaces, shared workspaces, and the public lobby. The design team, including dialogue with Kraus Anderson relating to phased renovations within an operating facility, developed a focused renovation and addition to address the current space deficiencies and workflow issues. This concept includes an addition to provide expanded and renovated locker rooms in the lower level along with additional office and workspace to support the growing department. Interior renovation is needed to improve the sergeants’ offices and provide additional interview space adjacent to the public lobby. A second addition is planned at the rear of the facility to provide suitable evidence processing and storage space, as well as storage for duty bags and appropriate report writing space for patrol. Additionally, relocating evidence processing and storage from the lower level not only improves operational workflow, but also provides opportunity to repurpose the existing space for specialized police specific training. These alterations are intended to support the department’s immediate needs, addressing the most pressing issues while anticipating a new public safety facility in the future. Golden Valley Police Department Facility Needs Assessment - Space Planning Site Plan 1 inch = 1 00 fee t 700 SF BUILDING ADDITION GOLDEN VALLEY PUBLIC SAFETY BUILDING 1,380 SF BUILDING ADDITION FIRE STATION AREA Reports 5 Sgts WS 64 sf COUNTER 95 sf WORK RM 173 sf INTRV 71 sf INTRV 93 sf SOC WRK 135 sf OFFICE 128 sf CONF RM 249 sf DEPUTY CHEIF 167 sf CHEIF OFFICE 219 sf OFFICE MGR 132 sf AFTER-HOURS VESTIBULE reception OFFICE 124 sf REPORTS 194 sf SGT OFFICE 308 sf SGT OFFICE 187 sf OFFICE 100 sf EVIDENCE 599 sf EVID PROC 172 sfGENERATOR 71 sf ROLL CALL 398 sf DUTY BAGS106 sfPARKING STALLS 1,246 sf STORAGE54 sf19'-0"STORAGE 97 sf VESTIBULE59 sfOFFICE 144 sf OFFICE 128 sf OFFICE 82 sf OFFICE 86 sf OFFICE 86 sf OFFICE 86 sf OFFICE 86 sf OFFICE 124 sf PUBLIC AREA WS 64 sf WS 64 sf WS 64 sf SUPPLIES 13 sf 1,380 SF BUILDING ADDITION RELOCATE GENERATOR 700 SF BUILDING ADDITION Golden Valley Police Department Facility Needs Assessment - Space Planning Main Level PUBLIC ENTRANCE PD TRAINING 616 sf ARMORY 111 sf SWAT STORAGE 176 sf MOTHERS RM 72 sf STOR. STORAGE 62 sf 700 SF BUILDING ADDITION SHARED TRAINING RM. MENS LOCKERS 586 sf WOMENS LOCKERS 393 sf Golden Valley Police Department Facility Needs Assessment - Space Planning Lower Level Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. H. Safe Tenant and Renter (STAR) Program 2021 COVID-19 Participation Requirements and Fee Reductions, Resolution No. 21-108 Prepared By Cherie Shoquist, Housing and Economic Development Manager Summary An owner or property manager that owns or manages more than one rental dwelling in the city may qualify for a discounted license fee by participating in the Safer Tenant and Rental (STAR) program (or similar program) approved by the City Council. Based on the COVID-19 pandemic related impacts on the STAR program for multifamily rental properties, in 2020 the program honored 2019 participation rates. With increased participation in 2021, staff recommends the 2021 STAR Program per unit license fee reductions and participation requirements take the COVID-19 pandemic into account and award increased participation. Background The staff recommended 2021 STAR Program per unit license fee reductions and participation requirements to take the impacts of the COVID-19 pandemic into account: There were three, not four meetings held online or hybrid online and in person; COVID-19 related responsibilities challenged property owners and managers to participate in all three offered meetings; a Night to Unite or similar gathering, even outdoors, was not encouraged by CDC Guidelines; and, property management continuing education classes have been available virtually throughout the pandemic. The current participation requirements and fee reductions are: Level 1: Participate in one meeting; fee reduced to $20 Level 2: Participate in two meetings and host a Night to Unite or similar gathering to engage community; fee reduced to $12 Level 3: Participate in three meetings; fee reduced to $8 Level 4: Participate in 5 hours of multi-housing or property management continuing education (provided through the Minnesota Multi Housing Association or similar); fee reduced to $0 Recommended 2021 COVID-19 impact related participation requirements and fee reductions include: City Council Meeting Executive Summary City of Golden Valley December 21, 2021 2 Level 1: Participate in one meeting; fee reduced to $20 per unit Level 2: Participate in two meetings; fee reduced to $12 per unit Level 3: Participate in three meetings; fee reduced to $8 per unit Level 4: Achieve Level 2 or Level 3 and participate in 5 hours of multi-housing or property management continuing education (provided through the Minnesota Multi Housing Association or similar program); fee reduced to $0 per unit Financial or Budget Considerations The rental licensing fee per unit is $35. There are 2,374 multi-family rental units in the city in 30 complexes. Without fee reductions through property owner or manager participation in the STAR Program, the total per unit rental license fees are $83,090. Recommended Action Motion to Adopt the Stable Tenant and Renter (STAR) Program 2021 COVID-19 Participation Requirements and Fee Reductions Resolution No. 21-108 Supporting Documents • Resolution No. 21-108 Adopting the Safer Tenants and Renters (STAR) Program 2021 COVID-19 Participation Requirements and Fee Reductions (1 page) • STAR Program Status Form 2021 (1 page) RESOLUTION NO. 21-108 RESOLUTION ADOPTING THE SAFER TENANTS AND RENTERS (STAR) PROGRAM 2021 COVID-19 PARTICIPATION REQUIREMENTS AND FEE REDUCTIONS WHEREAS the COVID-19 pandemic has impacted residents of Golden Valley through job loss and illnesses, placing extraordinary financial and emotional demands on households and businesses, including renters and owners and managers of multifamily rental properties; and WHEREAS The STAR Program (part of the multi-family rental licensing program) advances the City's goals of preserving and promoting economically diverse multifamily rental housing options in our community by assisting property owners and managers in maintaining high quality multifamily rental housing in Golden Valley for households with a variety of income levels, ages, and sizes; and WHEREAS An owner or property manager that owns or manages more than one rental dwelling in the city may qualify for a discounted license fee by participating in the (STAR) program (or similar program) approved by the City Council. WHEREAS The City recognizes the need to provide flexibility in the STAR Program participation requirements due to the impacts of the COVID-19 pandemic regarding meeting attendance and community gatherings. WHEREAS The City is adopting this Resolution to encourage participation in the STAR Program for the maintenance and stability of multifamily rental property, and to support property owners and managers in safely participating. NOW, THEREFORE, BE IT RESOLVED by the Golden Valley City Council to adopt the Safer Tenants and Renters (STAR) Program 2021 COVID-19 Participation Requirements and Fee Reductions as identified in the 2021 STAR Status Form. Adopted by the City Council of Golden Valley, Minnesota this 21st day of December 2021. ____________________________________ Shepard M. Harris, Mayor ATTEST: _______________________ Theresa Schyma, City Clerk Property Name/Address: «PROPERTY» Date: Level 1 ☐ Attend 1 meeting of the Golden Valley multi- housing owners and managers. Level 2 Achieve Level 1 and: ☐ Attend 2 meetings of the Golden Valley multi- housing owners and managers. Level 3 Achieve Level 2 and: ☐ Due to the impacts of the COVID-19 pandemic, 3 meetings were held instead of 4 in 2021. Attending 3 meetings in 2021 achieves Level 4 status. Level 4 Achieve Level 3 and: ☐ Attend 3 meetings of the Golden Valley multi- housing owners and managers OR ☐ Attend 2 meetings of the Golden Valley multi- housing owners and managers AND ☐ Property manager(s) complete an additional 5 hours per year of multi-housing or property management continuing education (file a copy of MMHA or similar certificate). $ 20 per unit $ 12 per unit $ 8 per unit $0 per unit Your STAR participation level as of December of each calendar year will determine what your rental unit licensing fee will be for the following year. If you choose to not participate in the STAR Program, the rental unit licensing fee is $35 per unit. (Timeline: Inspections Sep-Nov, Status Dec, renewal letter and application letter w license fees Jan, fee due prior to March 1 when license expires) Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. I. Safe Tenant and Renter (STAR) Program Policy, Resolution No. 21-109 Prepared By Cherie Shoquist, Housing and Economic Development Manager Summary An owner or property manager that owns or manages more than one rental dwelling in the city may qualify for a discounted license fee by participating in the Safer Tenant and Rental (STAR) program (or similar program) approved by the City Council. Based on recent changes to the City’s “crime free housing ordinances,” staff recommends additional changes to the STAR program for multifamily rental properties: 1. Change the name of the STAR program from “Safe” to “Stable” Tenant and Renter program. 2. Revise the participation requirements to better reflect the City’s commitment to fair housing and to advance the City’s mixed income housing goals. 3. Cap the per unit discount at 150 units for market rate rental properties. These changes will be incorporated into the Stable Tenants and Renters (STAR) Program Policy, if approved. The STAR Program (part of the multi-family rental licensing program) advances the City's goals of preserving and promoting economically diverse multifamily rental housing options in our community by assisting property owners and managers in maintaining high quality multifamily rental housing in Golden Valley for households with a variety of income levels, ages, and sizes. The STAR Program reflects the City’s commitment to fair housing. Background On November 4, 2020, the City Council amended the City Code relating to the Crime Free and Disorderly Conduct Sections of Chapter 16, Article III, Rental Housing Licensing or Ordinance No. 694. On October 7, 2020, at the Council/Manager meeting, Council requested that staff proceed with changes to the City’s “crime free housing ordinances.” These changes included: removing references to the City’s disorderly conduct ordinance; clarifying that multifamily property owners are eligible for a discounted license if they participate in the Safer Tenant and Rental (STAR) program; no longer requiring property owners to attend crime-free training, include a crime-free/drug-free addendum in private rental agreements, or take action against tenants should they or their guests be recognized for City Council Meeting Executive Summary City of Golden Valley December 21, 2021 2 disorderly conduct; and, the city will no longer be able to take action against landlords based on their tenants’ conduct. On July 13, 2021, at the Council/Manager meeting, Council requested that staff pursue changes to the STAR program to reflect the City’s Fair Housing and Mixed Income Housing policies. On October 12, 2021, at the Council/Manager meeting, Council directed staff to develop a STAR Program Policy to incorporate the proposed changes. Staff from the Police, Fire (including Rental Property Inspections), and Physical Development Departments as well as the City Attorney and the City Manager met to review the STAR program between April and October 2021. The STAR program was also reviewed by property owners and managers at the June 10, September 9, and December 9 STAR program meetings. General recommendations include that the STAR program will meet quarterly, information will be shared by City Departments, and a wide variety of education and training will be provided. The recommendations to change the name, participation requirements, and fee reduction cap for 150 units was discussed with property owners and managers at the September 9 and December 9, 2021, STAR Program meetings and individually with interested property owners and managers. 1. Change the name of the STAR program from “Safe” to “Stable” Tenant and Renter program. The change to “Stable” Tenant and Renter Program Stable encompasses safe, secure, steady, well- built, and balanced. This definition includes safety and is more in line with City's goal of preserving and promoting economically diverse housing options in our community by creating high quality housing in Golden Valley for households with a variety of income levels, ages, and sizes. 2. Revise the participation requirements to better reflect the City’s commitment to fair housing and to advance the City’s mixed income housing goals. In addition to the above, staff recommends consideration of revisions to the participation requirements at each level of fee reduction. The fee is $35 per rental unit with no STAR participation. The more participation in the STAR program, the lower the fees. The current participation requirements and fee reductions are: Level 1: Participate in one meeting; fee reduced to $20 Level 2: Participate in two meetings and host a Night to Unite or similar gathering to engage community; fee reduced to $12 Level 3: Participate in three meetings; fee reduced to $8 Level 4: Participate in 5 hours of multi-housing or property management continuing education (provided through the Minnesota Multi Housing Association); fee reduced to $0 Recommended participation requirements in addition to meeting participation for the existing levels and fee reductions for consideration include (additions underlined): Level 1: Commit to fair housing practices under the City’s Fair Housing Policy and commit to not discriminating against Section 8 program participants City Council Meeting Executive Summary City of Golden Valley December 21, 2021 3 Level 2: Host a Night to Unite or similar gathering to engage community Level 3: Property managers complete an additional 5 hours per year of multi-housing or property management continuing education (file a copy of Minnesota Multi Housing Association or similar certificate); including a minimum of 3 hours of fair housing training Level 4: Provide or preserve affordable housing under the City’s Mixed Income Housing Policy or Provide NOAH rents at up to 60% AMI for 50% of the rental units in the building or Provide subsidized affordable housing at up to 60% AMI for 100% of the rental units in the building as a non-profit organization and Complete Rental Housing Rates Form The Level 1 commitments to fair housing and Section 8 anti-discrimination reinforce City policies to advance diversity, equity, inclusion, and fair housing. The Level 2 requirements remain the same. The Level 3 requirement of multi-housing or property management continuing education including 3 hours of fair housing education furthers the commitment to fair housing. The Minnesota Multi Housing Association’s annually required fair housing curriculum is 3 hours. Many of our property management companies have their own annual fair housing education that may also be considered. The Level 4 requirements advance City policies to encourage the development and preservation of mixed income housing. The completion of the rental housing rates form will validate the participation level and provide affordable rent information on an annual basis. 3. Cap the per unit discount at 150 units for market rate rental properties. The 150 per unit discount only applies to market rate rental properties; not to mixed income, Naturally Occurring Affordable Housing, or subsidized affordable rental properties. Market rate multifamily rental properties with up to 150 units will receive a discount on the $35 per unit license fee based on level of participation and will not receive a discount on the $35 per unit license fee on additional units of 151 or more. Financial or Budget Considerations The rental licensing fee per unit is $35. There are 2,374 multi-family rental units in the city in 30 complexes. Without fee reductions through property owner or manager participation in the STAR Program, the total per unit rental license fees are $83,090. Recommended Action • Motion to approve Resolution No. 21-109 Adopting the Stable Tenants and Renters (STAR) Program Policy • Motion to Adopt the Stable Tenant and Renter (STAR) Program Policy. City Council Meeting Executive Summary City of Golden Valley December 21, 2021 4 Supporting Documents • Resolution No. No. 21-109 Adopting the Stable Tenants and Renters (STAR) Program Policy Stable Tenant and Renter (STAR) Program Policy (2 pages) • STAR Program Policy (3 pages) • STAR Program Status Form (1 page) RESOLUTION NO. 21-109 RESOLUTION ADOPTING THE STABLE TENANTS AND RENTERS (STAR) PROGRAM POLICY WHEREAS, The STAR Program (part of the multi-family rental licensing program) advances the City's goals of preserving and promoting economically diverse multifamily rental housing options in our community by assisting property owners and managers in maintaining high quality multifamily rental housing in Golden Valley for households with a variety of income levels, ages, and sizes; and WHEREAS, The STAR Program reflects the City’s commitment to fair housing; and WHEREAS, The City recognizes the need to provide stable rental housing to households of a broad range of income levels in order to maintain a diverse population and to provide housing for those who live or work in the City; and WHEREAS, The City is adopting this Policy to encourage the maintenance and stability of multifamily rental property; and WHEREAS, The requirements set forth in this Policy further the housing goals in the City’s Comprehensive Plan to advance equity in housing and to create, preserve, and maintain a variety of housing opportunities; and WHEREAS, The requirements are intended to provide a structure for participation in the STAR Program by multifamily rental property owners and managers. NOW, THEREFORE, BE IT RESOLVED by the Golden Valley City Council to adopt the Stable Tenants and Renters (STAR) Program Policy. Adopted by the City Council of Golden Valley, Minnesota this 21st day of December 2021. ____________________________________ Shepard M. Harris, Mayor ATTEST: ______________________ Theresa Schyma, City Clerk 1 ____________________________________________________________________________________ City of Golden Valley Stable Tenants and Renters (STAR) Program Policy The purpose of this Policy is to provide incentives for property owners and managers to participate in training and regular meetings with the City in order to build strong relationships with City staff and better serve their tenants. An owner or manager that participates in the Stable Tenants and Renters (STAR) Program may qualify for a discounted license fee. The greater the participation, the lower the fee. The STAR Program (part of the multi-family rental licensing program) advances the City's goals of preserving and promoting economically diverse multifamily rental housing options in our community by assisting property owners and managers in maintaining high quality multifamily rental housing in Golden Valley for households with a variety of income levels, ages, and sizes. The STAR Program reflects the City’s commitment to fair housing. The City recognizes the need to provide stable rental housing to households of a broad range of income levels in order to maintain a diverse population and to provide housing for those who live or work in the City. The City is adopting this Policy to encourage the maintenance and stability of multifamily rental property. The requirements set forth in this Policy further the housing goals in the City’s Comprehensive Plan to advance equity in housing and to create, preserve, and maintain a variety of housing opportunities. These requirements are intended to provide a structure for participation in the STAR Program by multifamily rental property owners and managers. I. STAR Program Purpose and Goals A. Provide a forum to engage multifamily rental property owners and managers to build stronger relationships of trust and share common goals: 1. Offer a mix of housing options in the City 2. Advance equitable and inclusive access to rental housing serving BIPOC and vulnerable individuals, families, youth, and seniors 3. Serve a range of incomes from extremely, very, low and moderate income to market rate 4. Expand communication between multifamily communities and the City 5. Add value by preserving and building rental housing assets in the City 6. Encourage continuing education for property managers 7. Promote professionalism among members 8. Share solutions to common problems 9. Bring the highest standard of leadership and integrity to the profession 10. Support well maintained units, stable renters and thriving communities 2 B. Provide further incentives for increased participation by reducing the multifamily rental property per unit rental license fee. II. STAR Program Meetings A. Quarterly Meetings: Will be held the second Thursday in March, June, September and December from 11:00 am - 12:30 pm at Brookview Golden Valley (subject to change) B. Program Staff include: 1. Fire Department (provides licensing and inspections, code compliance, and fire safety services and information) 2. Police Department (provides safety and crime reduction services and information) 3. Physical Development Department (provides housing and other resources and information, coordinates meetings, tracks attendance and monitors participation) C. Meeting Topics include (but are not limited to): 1. Licensing and Inspections 2. Code Compliance 3. Tenant Safety 4. Maintenance, Repairs and Rehabilitation 5. Re/Development 6. Fair Housing 7. Tenant Protection Ordinance 8. Tenant Screening 9. Naturally Occurring Affordable Housing (NOAH) Preservation 10. Environmental Sustainability 11. Energy Efficiency 12. Recycling and Organics 13. Housing and Economic Development Projects 14. Metro Rental Housing Market 15. Multifamily Rental Housing Resources III. Applicability This Policy applies to multifamily rental property (three or more housing units) in the City of Golden Valley. IV. Requirements and Fee Reductions A. Fee Reductions by Level: The per unit rental license fee is $35 with no STAR participation. The more participation in the STAR program, the lower the fees. 1. Level 1: $20 per unit fee a. Attend 1 STAR property owners and managers meeting b. Fair Housing commitment c. Section 8 Anti-Discrimination commitment 3 2. Level 2: $12 per unit fee a. Achieve Level 1 b. Attend 2 STAR property owners and managers meetings c. Host a Night to Unite or similar gathering to engage community (1 per year) 3. Level 3: $8 per unit fee a. Achieve Level 2 b. Attend 3 STAR property owners and managers meetings c. Complete an additional 5 hours per year of multi-housing or property management continuing education (file a copy of MMHA or similar certificate); including a minimum of 3 hours of fair housing training 4. Level 4: $0 per unit fee a. Achieve Level 3 b. Provide affordable housing under the City’s Mixed-Income Housing Policy; or c. Provide Naturally Occurring Affordable Housing (NOAH) with rents at up to 60% of Area Median Income for 20% of the rental units; or d. Provide subsidized affordable housing at up to 60% of Area Median Income for 20%-100% of the rental units in the building as an affordable housing non- profit organization; and e. Complete a Rental Housing Rates Form f. Note: Area Median Income affordable housing limits are calculated annually by the Metropolitan Council B. Cap on Fee Reductions: The multifamily rental license per unit fee reduction is capped at 150 units for market rate rental properties. Market rate multifamily rental properties with 151 units or more: 1. Will receive a discount on the $35 per unit license fee based on level of participation for 150 units 2. Will not receive a discount on the $35 per unit license fee on additional units of 151 or more Property Name/Address: «PROPERTY» Date: Level 1 ☐ Attend 1 meeting of the Golden Valley multi- housing owners and managers ☐ Commit to fair housing practices under the City’s Fair Housing Policy ☐ Commit to not discriminating against Section 8 program participants Level 2 Achieve Level 1 and: ☐ Attend 2 meetings of the Golden Valley multi- housing owners and managers ☐ Host a Night to Unite or similar gathering to engage community (1 party per year) Level 3 Achieve Level 2 and: ☐ Attend 3 meetings of the Golden Valley multi- housing owners and managers ☐ Property manager(s) complete an additional 5 hours per year of multi- housing or property management continuing education (file a copy of MMHA or similar certificate); including a minimum of 3 hours of fair housing training Level 4 Achieve Level 3 and: ☐ Provide or preserve affordable housing under the City’s Mixed Income Housing Policy at up to 60% AMI for 15% of the rental units in the building or at up to 50% AMI for 10% of the units in the building OR ☐ Provide NOAH rents at up to 60% AMI for 20% of the rental units in the building OR ☐ Provide subsidized affordable housing at up to 60% AMI for 20%- 100% of the rental units in the building as an affordable housing non-profit organization ☐ Complete Rental Housing Rates Form $ 20 per unit $ 12 per unit $ 8 per unit $0 per unit Your STAR participation level as of December 31 of each calendar year will determine what your rental unit licensing fee will be for the following year. If you choose to not participate in the STAR Program, the rental unit licensing fee is $35 per unit. Note: The STAR Program per unit discount is capped at 150 units for market rate rental properties. (Timeline: Inspections Sep-Nov, Status Dec, Renewal Letter and application letter w license fees Jan, fee due prior to March 1 when license expires) Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. J. Approve Resolution No. 21-110 Allocation of Contingencies Prepared By Sue Virnig, Finance Director Summary In 2020, the need for a compensation study was approved by the City Council. In 2021, monies were added to a contingency budget to be allocated at the end of 2021. Those monies were allocated based on budgeted amounts. If the amounts allocated are not used by the end of 2021, those monies will be added to fund balance. Financial Or Budget Considerations In 2021, a budget was set up in contingencies for a compensation study. The $280,000 was allocated to the departments based on total wages and salaries. Those monies not used will remain in fund balance at the end of the year. Recommended Action Motion to approve Resolution No. 21-110 Allocation of Contingencies. Supporting Documents • Resolution No. 21-110 Allocation of Contingency Budget (1 page) RESOLUTION NO. 21-110 APPROVING ALLOCATION OF CONTIGENCY BUDGET WHEREAS, in 2020, the need to conduct a compensation study to evaluate positions and salaries from 10 surrounding cities; and WHEREAS, in 2021, monies were allocated to a contingency budget until the study was complete; and WHEREAS, this amendment allocates the budgeted amount to the following departments in the general fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that the 2021 Amended General Fund Budget are hereby given final approval. PROGRAM DESCRIPTION AMOUNT 1001 Council 4,945 1030 1101 1102 1105 1121 1180 1166 1162 1300 1320 1346 1400 1420 1440 1448 1600 1620 1646 Managers General Services Accounting Computer Services Legal Buildings Planning Inspections Police Administration Patrol Fire Physical Development Engineering Streets Snow & Ice Park & Rec Park Maintenance Tree Disease 23,240 7,460 5,310 4,975 3,530 1,100 6,065 11,900 20,725 73,870 14,660 5,275 13,040 13,855 1,970 12,760 13,580 1,740 1900 Contingencies -240.000 Fund Balance $0 TOTAL 2021 BUDGET Adopted by the City Council of Golden Valley, Minnesota this 21st day of December 2021. ____________________________________ Shepard M. Harris, Mayor ATTEST: _______________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. K. National Opioid Case Settlement and Minnesota State Subdivision Agreement, Resolution No. 21-111 Prepared By Maria Cisneros, City Attorney Summary For several years, state and local governments have been in civil litigation with manufacturers and distributors of prescription opioids related to the opioid crisis. The lawsuits allege that the pharmaceutical industry has promoted opioid use to treat acute and chronic pain at unprecedented rates, while ignoring or downplaying the addictive properties of opioids and ignoring evidence of over- prescription and misuse. The lawsuits allege that this activity resulted in mass addiction in opioid use and other illegal drugs, crime, rising health care and insurance premiums, and other costs borne by public entities, including cities. While impacts are unique to each jurisdiction, counties have largely experienced severe impacts on social services (such as child protection) and public health programming and cities have experienced impacts in public safety. While Golden Valley is not a direct litigant in these cases, the Minnesota Attorney General’s Office joined the litigation, thus allowing a settlement that has statewide applicability. The State is asking all local governments with populations over 10,000 to opt-in to the settlements by signing on the two national settlements and the State-Subdivision Agreement summarized below. Summary of Settlement Agreements A. Distributor and Manufacturer Proposed Settlements There are currently two proposed nationwide settlements intended to resolve all litigation brought by state and local governments against AmerisourceBergen, Cardinal Health, McKesson, and Johnson & Johnson (collectively, the “Settling Parties”). If the settlements are fully adopted nationally, the Distributors will pay $21 billion over 18 years and Johnson & Johnson will pay $5 billion over 10 years. Most states have already joined the settlements, but for the agreements to become effective, a critical mass of cities and counties must sign onto the settlements by January 2, 2022. These Settlements resolve investigations and lawsuits against the Settling Parties. If the settlements become effective, Minnesota will receive more than $250 million over 18 years. The total amount of payments to Minnesota will be determined by the overall degree of participation by cities and City Council Meeting Executive Summary City of Golden Valley December 21, 2021 2 counties. The more cities and counties that join, the more money Minnesota will receive. If the state achieves maximum participation, the settlement amount could be as large as $296 million. Payments will begin to flow to the states as soon as April 2020. Distribution of the funds is explained in the Minnesota Opioids State-Subdivision Memorandum of Agreement discussed below. If the City participates in the settlements, it will be releasing all potential claims against the Settling Parties. Under the terms of the settlement agreements, the funds must be used to support any of a wide variety of strategies to fight the opioid crisis. The list of eligible abatement and remediation programs was determined by an expert panel convened by the Attorney General’s Office. In addition to the financial components, the settlements also require the companies to make changes in how opioids are distributed and sold. The companies will be subject to more oversight and accountability to prevent deliveries of opioids to pharmacies where diversion and misuse occur. The Settling Parties will be required to establish and fund a centralized, independent clearinghouse using detailed data analytics to keep close track of opioid distribution throughout the country and raise red flags for suspicious orders. Johnson & Johnson will be prohibited from selling or promoting opioids for ten years. B. Minnesota Opioids State-Subdivision Memorandum of Agreement Under the Distributor and Manufacturer proposed settlements, each state has the option to create a statewide agreement to govern the distribution of settlement funds across the state. Over the last month or so, State and political subdivisions have worked through the allocation that will occur when settlement money flows to the state. The Attorney General’s office has consulted with various stakeholders, including litigating entities, public health officials, the League of Minnesota Cities, the Coalition of Greater Minnesota Cities, and the Association of Minnesota Counties. All stakeholders worked cooperatively to create a framework that fosters collaboration and accountability, and focuses the funds on the areas where the most harm is occurring. The agreed upon framework will be memorialized in the proposed Minnesota Opioids State-Subdivision Memorandum of Agreement (“State-Subdivision Agreement” or “MOA”). Some Key features of this MOA are as follows: 1. Financial Allocation • 75% of funds will go to Local Government Units (“LGU”) and 25% to the State. Of the LGU share, 81% will go to counties, 12.11% to Litigation Cities/Health Department Cities; 6.74% to cities with populations over 30,000 that have not litigated. • If the State gets full bonuses for maximum participation, this will be approximately $222,192,831 for LGUs. • As a City with a population under 30,000, under the State-Subdivision Agreement, the City of Golden Valley will not receive a direct distribution of settlement funds. Instead, the portion intended to benefit Golden Valley residents will go to Hennepin County. The MOA requires the County to consult annually with the City of Golden Valley regarding the use of the settlement funds. City staff supports this approach for two reasons. First, Hennepin County serves as the City’s public health department and is well positioned to understand and respond to the opioid related health needs of the City’s public. This is especially true considering the Police Department’s growing partnership with social workers at Hennepin City Council Meeting Executive Summary City of Golden Valley December 21, 2021 3 County through the embedded social worker program. Second, there is an administrative burden associated with administering and tracking the use of funds in a manner consistent with the settlement agreements. Relying on the County to distribute funds for the benefit of Golden Valley residents relieves the City of that administrative burden. 2. Up to 7% of the local government share will be reserved for private attorneys’ fees. Attorneys will be required to seek reimbursement through the federal settlement first. Unused funds will be returned to local governments for redistribution. Next Steps In order for staff to initiate formal settlement approval, the Council must approve participation in the Opioid Litigation Settlements and the State-Subdivision Agreement. The City Manager and City Attorney recommend approval of the settlement and adopting the attached Resolution, which will maximize funds for the City, County, and the State. If the City does not approve the settlement, it will not receive any allocation and Hennepin County’s allocation could be lowered. Moreover, it could jeopardize Minnesota’s participation in the nationwide settlement agreement and the settlement as a whole. It could also negatively impact the amount of money received by the state and, therefore, other local governments under the settlement. Financial or Budget Considerations No direct financial or budget impact to the City. Golden Valley resident will receive additional support and resources in response to the opioid crisis through Hennepin County. Recommended Action Adopt resolution No. 21-111 Approving Participation in Opioid Litigation Settlements Supporting Documents • More information available from the League of Minnesota Cities here. • Resolution No. 21-111 Approving Participation in Opioid Litigation Settlements Page 1 RESOLUTION NO. 21-111 APPROVING PARTICIPATION IN OPIOID LITIGATION SETTLEMENTS WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people, have been harmed by misconduct committed by certain entities that engage in the manufacture, marketing, promotion, distribution, or dispensing of opioids; and WHEREAS, the State of Minnesota and numerous Minnesota cities and counties joined with thousands of local governments across the country to file lawsuits against opioid manufacturer and pharmaceutical distribution companies and hold those companies accountable for their misconduct; and WHEREAS, representatives of local Minnesota governments, the League of Minnesota Cities, the Association of Minnesota Counties, the Coalition of Greater Minnesota Cities, the State of Minnesota, and the Minnesota Attorney General’s Office have negotiated and prepared a Memorandum of Agreement (MOA) to provide for the equitable distribution of proceeds to the State of Minnesota and to individual local governments from recent settlements in the national opioid litigation; and WHEREAS, by signing onto the MOA, the state and local governments maximize Minnesota’s share of opioid settlement funds, demonstrate solidarity in response to the opioid epidemic, and ensure needed resources reach the most impacted communities; and WHEREAS, it is in the best interests of the State of Minnesota and the residents of the City of Golden Valley, and the County of Hennepin, that the City participate in the national opioid litigation settlements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA AS FOLLOWS: 1. Participation in the opioid litigation settlements promotes the public health, safety, and welfare of the residents of the City of Golden Valley. 2. The City of Golden Valley supports and opts-in to the national opioid litigation settlements with the Distributors McKesson, Cardinal Health, and Amerisource Bergen, and with the Manufacturer Johnson & Johnson. 3. The Memorandum of Agreement (MOA) between the State of Minnesota and Local Governments relating to the distribution of settlement funds is hereby approved by the City of Golden Valley. Page 2 4. City Staff is hereby authorized to take such measures as necessary to sign the MOA and otherwise participate in the national opioid settlements, including executing the Participation Agreement and accompanying Release. Adopted by the City Council of Golden Valley, Minnesota this 21st day of December 2021. _________________________________ Shepard M. Harris, Mayor ATTEST: _______________________ Theresa Schyma, City Clerk Agenda Item: 3. L. License Reinstatement Diversion Program Policy and Program Services Agreement with Diversion Solutions, LLC Prepared By: Nicole Appelbaum, Esq., Chestnut Cambronne, PA. Summary: Several years ago, the Judicial Council developed a payable program wherein certain misdemeanor driving offenses have been deemed payable. If an individual fails to respond to a citation, a fine is imposed and their driving privileges are suspended until the fine is paid. This is done in lieu of a warrant, or any requirement that they appear in court. Diversion Solutions operates a program called Driver Diversion Program (DDP). This program was developed to support participants in paying any outstanding citations and to fulfill stated designated requirements necessary to reinstate a participants driver’s license. This is a State sanctioned program that allows individuals to obtain valid driving privileges while making payment towards unpaid fines or a path toward helping individuals who never obtained a license to obtain a valid license. The program requires individuals to take a driving course, maintain valid insurance, have no new driving offenses, and make monthly payments to the unpaid fines and fees until they are satisfied in full. The City of Golden Valley receives the benefit of increasing the number of licensed and insured drivers on the roadway, thereby enhancing public safety, and increased payment of the outstanding fines and fees owed by these individuals. Since 2009, the program has had over 12,000 participants legally reinstated. Financial or Budget Considerations: There is no cost to the City of Golden Valley to be a participating jurisdiction. The program will provide the City Attorney’s Office with the necessary paperwork and training needed it implement the program. Many neighboring cities are already utilizing this program. In lieu of the normal fine, the City of Golden Valley would receive from the citation, the City may, under certain circumstances, receive a portion of the Program Fee. The amount of the Program Fee is determined based on the amount of fines owned according to the fee schedule. If the Program Fee paid by a participant is less than $350, the city will not receive a portion of the fees collected. If the fee paid by the participant is $350, Diversion Solutions will pay the City $100 of the fee and retain the remaining $250. Recommended Action: MOTION to approve Resolution No. 21-112 adopting City of Golden Valley License Reinstatement Diversion Program Policy. MOTION to approve Driving Diversion Program Services Agreement for the City of Golden Valley with Diversion Solutions, LLC in the form approved by the City Attorney. Supporting Documents: • Resolution No. 21-112 and License Reinstatement Diversion Program Policy (3 pages) • Driving Diversion Program Services Agreement (5 pages) • Minnesota Statutes, section 171.2405 (3 pages) RESOLUTION NO. 21-112 RESOLUTION ADOPTING CITY OF GOLDEN VALLEY LICENSE REINSTATEMENT DIVERSION PROGRAM POLICY WHEREAS, driving without a valid driver’s license can present a threat to public safety and present a barrier to employment; and WHEREAS, staff recommends implementing a license reinstatement diversion program to allow individuals to obtain valid driving privileges and insurance while making payment towards unpaid fines and to create a path toward helping individuals who never obtained a license to obtain a valid license; and WHEREAS, the City Council wishes to implement the staff recommended diversion program. NOW THEREFORE BE IT RESOLVED, that the City Council for the City of Golden Valley adopts the City of Golden Valley License Reinstatement Diversion Program Policy attached hereto as Exhibit A. Adopted by the City Council of Golden Valley, Minnesota this 21st day of December, 2021. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Resolution No. 21-112 -2- December 21, 2021 EXHIBIT A City of Golden Valley License Reinstatement Diversion Program Policy Purpose This License Reinstatement Diversion Program Policy sets forth the purpose, eligibility, and requirements of the City of Golden Valley License Reinstatement Diversion Program (the “Program”). Through the Program, the City seeks to assist individuals who have been charged with driving without a valid license to earn back their valid license status through a supervised payment plan, a mandatory financial management and life skills course, and the issuance of a temporary diversion license. The City is pleased to offer this program pursuant to and in accordance with Minnesota Statutes, section 171.2405. Eligibility Individuals may be eligible for the Program if: 1. They received a citation for Driving after Suspension or Driving after Revocation; 2. The offence took place in the City of Golden Valley; 3. The case is still pending (i.e. the individual has not yet paid the fine for that citation and has not yet pled guilty to the offense); and 4. The individual has a Class D driver’s license. The prosecuting attorney for the City of Golden Valley shall determine whether to accept an individual for diversion under the Program. When making the determination, the prosecutor shall consider: 1. Whether the individual has a record of driving without a valid license or other criminal record, or has previously participated in a diversion program; 2. The strength of the evidence against the individual, along with any mitigating factors; and 3. The apparent ability and willingness of the individual to participate in the Program and comply with Program requirements. Program Requirements The City may contract with a third party to administer the Program (the “Administrator”). The Administrator may determine the specific Program requirements. At a minimum, the Program must require individuals to: 1. Successfully attend and complete, at the individual's expense, educational classes that provide, among other things, information on driver's licensure; 2. Pay to the administrator, under a schedule approved by the city prosecutor, all required related fees, fines, and charges, including applicable statutory license reinstatement fees and costs of participation in the Program; 3. Comply with all traffic laws; and 4. Demonstrate compliance with motor vehicle insurance requirements. Resolution No. 21-112 -3- December 21, 2021 Benefits of Successful Completion If an individual satisfies all requirements of the Program, the Administrator shall inform the City Prosecutor, the Court and the Minnesota Commissioner of Public Safety (the “Commissioner”). Upon notice of successful completion, the City Prosecutor must decline to prosecute the individual or ensure the Court dismisses the charge. The City Prosecutor shall also ensure the Administrator informed the Commissioner so that the Commissioner may reinstate the individual’s driver’s license. Termination An individual's participation in the Program must be terminated if: 1. The individual is found guilty of a moving traffic violation; 2. The individual fails to provide proof of vehicle insurance; or 3. The administrator of the Program informs the commissioner that the individual is no longer satisfying the conditions of the Program. The Administrator may determine additional reasons for terminating an individual’s participation in the Program. Fees Participation fees charged to Program participants shall be determined by the third party administrator of the Program and must comply with all requirements of Minnesota Statutes, section 171.2405. Reporting By February 1 of each even-numbered year, the Administrator shall provide a report to the City concerning the results of the Program. The report must include, without limitation, the effect of the Program on: 1. Recidivism rates for participants in the Program; 2. The number of participants who successfully completed the Program; 3. The amount charged to individuals for Program fees; 4. Payment of the fees and fines collected in the Program to cities, counties, and the state; 5. The total amount of money collected from participants in the Program; 6. The total amount of money, by category, paid or applied to reinstatement; 7. Educational support provided to participants in the Program; 8. The total number of participants in the Program; 9. The total number of participants terminated from the Program; 10. The reimbursement policy for all payments listed under clause (4) above; and 11. The amount of all payments listed under clause (4) above retained from participants who were terminated from the Program; and 12. All recommendations made by all cities and counties for which the Administrator administers the same or similar programs regarding the future of the Program and any necessary or suggested legislative changes. DRIVING DIVERSION PROGRAM SERVICES AGREEMENT FOR THE CITY OF GOLDEN VALLEY 1. Contractual Agreement. This Agreement is made and entered into this ____ day of December, 2021, by and between the City of Golden Valley, a Minnesota municipal corporation with its principal office at 7800 Golden Valley Road, Golden Valley, Minnesota 55427, (“City”) and Diversion Solutions, LLC, a Minnesota limited liability company with its principal office at 415 Main Street, Red Wing, Minnesota 55066 (“Diversion Solutions”). 2. Purpose. The purpose of this Agreement is to implement the City’s License Reinstatement Program authorized by Minnesota Statutes, section 171.2405 and approved by the Golden Valley City Council on December 21, 2021 (the “Program”) attached hereto as Exhibit A. 3. Contract Terms. This Agreement shall be in force until either party exercises the termination clause provided in Section 10. 4. Definitions: A. Participant – an individual who has enrolled in the Program voluntarily or has otherwise been ordered by the Court or prosecutor to complete the program. B. Restitution Recovery – Fines, reinstatement fees, and diversion fees payable by a Participant. 5. City Duties – The following is needed for the implementation of the Program: A. The City, or its designee, will conduct, as needed, authorization of applicants, meet with key Diversion Solutions staff to offer procedural guidance, evaluate Program performance, and provide support and direction to Diversion Solutions. 6. Diversion Solutions Duties - Diversion Solutions will provide the following services to the City in a timely and efficient manner: A. Operation and management of the Program for Participants who would otherwise be involved in the court legal system B. Perform daily operations and management of all clerical and accounting functions related to individual Participant files. C. Manage the collection and disbursement of Restitution Recovery Fees, Participant fees and other fees as appropriate. D. Provide necessary responses, correspondence, and follow-up of telephone inquiries to address issues or questions of Participants. E. Properly maintain all physical files, financial records, documentation, reports, computer files, etc. as required by law or requested by the City. F. Conduct classes designed to teach and provide meaningful information and lessons to Participants on licensure, criminal consequences, and other appropriate topics. G. Schedule and conduct all classes necessary for the program, which shall include but not be limited to development of curriculum, provision of appropriate materials, and provision of appropriate space/locations for the classes. 7. Reports. Maintain and provide to the City all records and reports required by Minnesota Statutes, section 171.2405. 8. Program Operational Fees/Revenue. Diversion Solutions shall collect fees from Participants according to the fee schedule below. Each Participant shall be charged a fee to participate in the Program (“Program Fee”). The amount of the Program Fee shall be determined based on the amount of fines owned according to the fee schedule below. If the Program Fee paid by a Participant is less than $350, the city will not receive a portion of the participation. If the fee paid by the Participant is $350, Diversion Solutions will pay the City $100 of the fee and retain the remaining $250. In addition to Program Fees, Diversion Solutions may collect the additional fees listed below and shall not be required to share any portion of the additional fees with the City. Program Fees Amount Owed in Fines Program Fee Due $250 of less $ 140.00 $251-$500 $ 210.00 $501 or more $ 350.00 Other Fees Fee Amount Failure to attend Class $ 30 rescheduling fee Reentry if FMR 90 $ 35 (accepted but did not start program) Reentry if FMR 2 $ 150 (post-class citation, failure to make payment, attorney/judge reentry) CC processing fee $ 7 per transaction 9. CITY has no Financial Liability - It is understood and agreed by and between the parties that Diversion Solutions will bear all financial liability for all aspects of its operations under this Agreement. 10. Termination of this Agreement: A. This Agreement may be terminated at any time, without cause, by either party upon 30 days written notice to the authorized agent of the City or Diversion Solutions. B. This Agreement may be immediately terminated by the City at any time if the City determines that Diversion Solutions is acting, or has acted at any time during the term of this Agreement, in violation of state or federal law. 11. Amendments or Material Modifications - All amendments or modifications to this Agreement must be in writing and approved by both parties. 12. No CITY Obligation - Diversion Solutions and Participant(s) who participate in the Program fully understand that the program is a public service, and the City is held harmless and has no liability to make recovery or obligation to take criminal action against Participant(s). 13. Criminal Action – Diversion Solutions acknowledges and will advise all Participants that the City Attorney’s Office may reinstate prosecution, file a probation violation, or otherwise pursue prosecution of the citation which brought the Participant(s) to the program if the Participant fails to participate, complete the program, fails to attend court appearances, fails to remain law abiding, or the prosecutor exercises discretion and revokes the offer for diversion. 14. Hold Harmless and Indemnification: A. Indemnification. To the fullest extent permitted by law, Diversion Solutions, and Diversion Solutions’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; or costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Diversion Solutions’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Diversion Solutions, or arising out of Diversion Solutions’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 15. Independent Contractor: A. Nothing contained in this Agreement is intended to or shall be construed in any manner as creating or establishing the relationship of employer/employee between the parties. Diversion Solutions shall at all times remain an independent contractor with respect to the services to be provided under this agreement. B. The City shall be exempt from payment of all unemployment insurance, FICA, retirement, life and medical insurance, and workers' compensation insurance for any and all of Diversion Solutions employees and agents. Payment of insurance premiums, tax withholding, and all other benefits are strictly Diversion Solutions’ responsibility. 16. Subcontractor - Diversion Solutions shall not subcontract any portion of the work to be performed under this Agreement without prior written approval of City. Diversion Solutions reserves the right to assign this agreement with written City approval. 17. Data Practice - Diversion Solutions agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. Diversion Solutions will immediately report to the department head signing this agreement any request from a third party for information relating to this agreement. The City agrees to promptly respond to inquiries from Diversion Solutions concerning data request. Diversion Solutions agrees to hold the City, its officers and employees harmless from any claims resulting from the Diversion Solutions’s unlawful disclosure or use of data protected under state and federal laws. 18. Compliance with the Law - Diversion Solutions agrees to abide by the requirements and regulations of The Americans with Disabilities Act of 1990 (ADA), the Minnesota Human Rights Act (Minn. Stat. C.363), the City Civil Rights Ordinance (Ch. 139), and Title VII of the Civil Rights Act of 1964. These laws deal with discrimination based on race, gender, disabilities, religion, and with sexual harassment. Violation of any of the above can lead to the termination of this Agreement. 19. Entire Agreement - This entire Agreement supersedes any and all other Agreements, either oral or written, between the parties hereto with respect to the subject matter hereof, and contains all of the Agreements between the parties with respect to said matter. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by either party which are not embodied herein, and that no other agreements, statements, or promises not contained within this Agreement shall be valid or binding. All provisions contained within this Agreement shall be valid or binding. The laws of Minnesota and the United States of America shall govern all provisions within this Agreement. 20. Audits and Inspections - The City or other governmental agency exercising regulatory function over the City’s business activities, while exercising reasonable, non-disruptive procedures, may inspect Diversion Solutions records at any time at City expense. 21. Notice – Any notice to be given hereafter by either party to the other, shall be in writing and may be affected by personal delivery, or by registered mail, return receipt requested, addressed to the proper party, to each of the parties’ respective address. 22. Insurance - Diversion Solutions and or its subcontractors agree to provide and maintain, at its own cost and at all times during its performance under this contract until completion of the work, such liability insurance coverage as is set forth below, and to otherwise comply with the provisions that follow: A. Workers’ Compensation: Workers’ Compensation insurance in compliance with all applicable statutes. B. Auto Insurance – Owned and unowned C. General Liability: “Commercial General Liability Insurance” (Insurance Service Office policy form title), or equivalent policy form, providing coverage on an “occurrence,” rather than on a claims made basis, the policy for which shall include, but not limited to, coverage for bodily injury, property damage, personal injury, contractual liability (applying to this contract), Independent Contractors, and Products-Completed Operations Liability. Coverage for explosions, collapse and underground hazards shall not be included. Such a policy shall name the City as an additional insured thereunder, and shall apply on a primary basis with respect to any similar insurance maintained by the City, which other insurance of the City, if any, shall apply in excess of Diversion Solutions insurance and not contributed therewith. Diversion Solutions agrees to maintain Products-Complete Operations coverage on a continuing basis for a period of at least two years after date of completion. Such Commercial General Liability insurance policy shall provide a combined single limit in the amount of at least $2,000,000 (two million) Each Occurrence, applying to liability for bodily injury and property damage, and a combined single limit of at least the same amount applying to liability for Personal Injury and Advertising Injury. Such minimum limits may be satisfied by the limit afforded under Firm’s Commercial General Liability Insurance Policy, or by such Policy in combination with limits afforded by an Umbrella or Excess Liability Policy (or policies), provided that the coverage afforded under any such Umbrella or Excess Policy is at least in all material respects as broad as that afforded by the underlying Commercial Liability Policy, and further that the CITY is included as an additional insured thereunder. Such Commercial General Liability Policy and Umbrella or Excess Liability Policy (or policies) may provide aggregate limits for some or all of the coverage afforded thereunder, so long as such aggregated limits are not at any time during which such coverage is required to be maintained hereunder reduced to less than the required Each Occurrence limit stated above, and further, that the Umbrella or Excess Liability provides from the point that such aggregate limits in the underlying Commercial General Liability Policy become reduced or exhausted. An Umbrella or Excess Liability Policy which “drops down” to respond immediately over reduced underlying limits, or in place of exhausted underlying limits, but subject to a deductible or “retention” amount, shall be acceptable in this regard so long as such deductible or retention amount does not cause the firm total deductibles or retention for Each Occurrence to exceed $10,000. D. Professional Liability: Liability Insurance in the amount of at least $1,000,000 Each Occurrence (or “Wrongful Act” or equivalent) and if applicable, Aggregate, covering Diversion Solutions Liability for negligent acts, errors, or omissions in the performance of professional services in connection with this Agreement. Diversion Solutions Professional Liability Insurance may afford coverage on an occurrence basis or on a claim’s basis. It is, however, acknowledged and agreed by Diversion Solutions, that under claims-made coverage, changes in insurers or in insurance policy forms could result in the impairment of the liability insurance protection intended for the City hereunder. Diversion Solutions therefore agrees that it will not seek or voluntarily accept any such change in its Professional Liability Insurance coverage if such impairment of the protection for the City could result; and further, that it will exercise its right under any Extended Reporting Period (“tail coverage”) or similar claims-made policy option if necessary or appropriate to avoiding impairment of such protection. Diversion Solutions further agrees that it will, keep this required coverage and for an additional period of two (2) years following cancellation of this agreement, immediately: (a) advise the City of any intended or pending change in Professional Liability insurance or in policy forms, and provide the City with all pertinent information that the City may reasonably request to determine compliance with this paragraph; and (b) advise the City of any claims or threat of claims that might reasonably be expected to reduce the amount of such insurance remaining available for the protection of the City. 23. Publicity. At the City’s request, the City and Diversion Solutions shall develop language to use when discussing the Services. Diversion Solutions agrees that it shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Diversion Solutions shall not use the City’s logo or state that the City endorses its services without the City’s advanced written approval. 24. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 25. No Discrimination. Diversion Solutions 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. Diversion Solutions agrees to comply with the Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Diversion Solutions agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Diversion Solutions or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Diversion Solutions shall provide accommodation to allow individuals with disabilities to participate in all Services under this Agreement. Diversion Solutions agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 26. 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. 27. 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 Diversion Solutions did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Diversion Solutions, described in this Agreement, personally. 28. Counterparts and Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as original signatures. IN WITNESS WHEREOF, the parties have executed the Agreement as of the date first written above DIVERSION SOLUTIONS, LLC CITY OF GOLDEN VALLEY By: _____________________________________ Scott Adkisson, CEO By: ___________________________________ Shepard M. Harris, Mayor By: ___________________________________ Timothy J. Cruikshank, City Manager Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. M. Actions for Olin parcels: 1. Approve Resolution No. 21-113 to Accept Donation of Deed for Basin (6920 Glenwood Ave) 2. Approve Amended Subdivision Agreement Relocation Trail Easement 3. Approve New Trail Easement Lot 3 Prepared By Marc Nevinski, Physical Development Director Summary In June of 2017, Paul Olin sued the City alleging the City was discharging stormwater onto a lot he owned at 6920 Glenwood Ave with a natural basin, thereby making it unbuildable. The City asserted it had done nothing to increase stormwater flow and that runoff had actually been reduced. The City sought summary judgement in the case but the judge directed the City and Dr. Olin to negotiate a settlement. A settlement agreement was eventually reached and identified a number of actions that both parties agreed to in order to resolve the lawsuit. Council approved the settlement agreement (attached) on September 4, 2018. Council is asked to consider the following actions to fulfill the terms in the settlement agreements: a. Dr. Olin donates the Basin Lot to the City of Golden Valley The Olin’s have submitted to the City a quit claim deed for Lot 2, Block 1 Fahrendorff Addition. There are no restrictions being placed on the lot but is unbuildable and will become part of the City’s stormwater system. It is also planned to include a portion of the relocated trail from Harold Avenue to Glenwood Ave, as discussed below. A two-thirds majority of the Council must approve the donation. b. The Development Agreement to be amended to reflect the new location of the trail easement. Under the terms of the settlement agreement, the City agreed to the relocation of the existing trail easement located between Lots 1 & 2 of the subdivision and to Lot 3. The Olin’s have provided a new trail easement agreement to locate the easement on Lot 3. The Council will consider vacating the existing trail easement between Lots 1 & 2 in a separate agenda item following a public hearing. To reflect the new location of the trail easement, the development agreement must be amended to strike section 5. (f) in its entirety. This section currently states: 5. (f) Signage identifying the Walkway Easement area as “Future Sidewalk” between Lot 1 and Lot 2 prior to construction of both dwellings. City Council Regular Meeting Executive Summary City of Golden Valley December 21, 2021 2 Financial Or Budget Considerations There are no immediate or direct budget implications resulting from these actions. However, the settlement agreement obligates the eventual cost of the trail improvement and maintenance to the City, as well as some improvements to the storm water pipes on the lot as part of a future and currently undefined public improvement project. Recommended Action • Motion to approve Resolution No. 21-113 accepting the donation of Lot 2, Block 1 Fahrendorff Addition. • Motion to Authorize the Mayor and City Manager to execute the First Amendment to Development Agreement, Olin Woods Addition, in a form approved by the City Attorney. • Motion to Approve New Trail Easement, Lot 3. Supporting Documents • Location Map (1 page) • Resolution No. 21-113 accepting the donation of the Basin Lot (3 pages) • First Amendment to the subdivision Development Agreement, Olin Woods Addition (4 pages) • Subdivision Development Agreement, Olin Woods Addition – 2013 (7 pages) • Full and Final Settlement Agreement and Release - Dr. Paul Olin vs. the City of Golden Valley (4 pages) Approve amendment todevelopment agreement New Trail EasementLocation Approve ResolutionAccepting Donation of Lot Lot 2, Block 1Fahrendorff Addn Lot 3, Block 1Olin Woods Addn Lot 1, Block 1Olin Woods Addn Lot 2, Block 1Olin Woods Addn Glenwood Ave Harold Ave H a ro ldAve6860 6900 6855 6929 6941 6945 0 50 10025Feetby the City of Golden Valley, 12/13/2021 I RESOLUTION NO. 21-113 RESOLUTION ACCEPTING A DONATION OF LAND FROM PAUL OLIN AND MARY KATHRYN OLIN WHEREAS, the City Council, on September 4, 2018, approved a settlement agreement regarding a civil action captioned Dr. Paul Olin v. City of Golden Valley, and WHEREAS, the settlement agreement stipulated that Dr. Paul Olin would donate to the City of Golden Valley the parcel of land referred to as the "basin lot" and legally described as Lot 2, Block 1, Fahrendorff Addition; and WHEREAS, Paul Olin and Mary Kathryn Olin have provided the City of Golden Valley a Quit Claim deed for the "basin lot"; and WHEREAS, the Resolution and Minnesota Statutes, section 465.03 state that a grant or gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the attached quit claim deed for the "basin lot" legally described as Lot 2, Block 1, Fahrendorff Addition in Golden Valley, Minnesota. Adopted by the City Council of Golden Valley, Minnesota this 21st day of December 2021. Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk THE CITY OF GOLDEN VALLEY · STATE OF MINNESOTA } ss COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this 14th day of December 2021, by Shepard M. Harris, Mayor, and Timothy J. Cruikshank, City Manager, of The City of Golden Valley, a Minnesota municipal corporation, on behalf of the organization. DRAFTED BY: City of Golden Valley (MTC) 7800 Golden Valley Road Golden Valley, MN 55427 (763)590-8000 Notary Public ______________________________ Shepard M. Harris, Mayor ______________________________ Timothy J. Cruikshank, City Manager SUBDIVISION DEVELOPMENT AGREEMENT Olin Woods Addition AGREEMENT dated this 15th day of January, 2013, by and between the City of Golden Valley, a Minnesota municipal corporation (the "City"), and Dr. Paul Olin (the "Developer"). 1.Reauest for Plat Approval. The Developer has asked the City to approve the subdivision of land and a plat of land to be known as Olin Woods Addition, which land is legally described on Attachment One, attached hereto and hereby made a part hereof hereinafter referred to as the "subject property"). 2.Conditions of Plat Approval. The City has approved the subdivision and the plat on the following conditions: a. Conformance to, and inclusion of, all provisions of the Final Plans for Olin Woods Addition dated January 15, 2013, prepared by Brandt Engineering & Surveying . d. Payment of all applicable fees including a Park Dedication fee of$850.00 and other fees identified in the current fee schedule. e. Incorporation of any easements necessary to accommodate trails and walkways, drainage, wetlands, floodplain, streets and utilities. f. Marketable title in the Developer, if the City attorney determines a title review is necessary before final plat approval. g. It is the present intention of the City Council not to grant to the Developer any variances for the subdivision except a waiver to Section 12:20, Subdivision 5(A) of City Code allowing Lot 1 to measure 62.6 feet in width at the northeast front setback and Lot 2 to measure 66.6 feet in width at the northeast front setback. h. Removal of the gravel driveway onto Glenwood Avenue and the gravel turnaround/parking area along Glenwood Avenue adjacent to the development upon construction of the new homes. No new driveways are allowed to be constructed onto Glenwood Avenue. 3.Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Guide Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. 4.Development Plans. The subject property shall be developed in accordance with the approved plans, original copies of which are on file with the City Department of Public Works. If the plans vary from the written terms of this Agreement, the written terms shall control. 1 5.Installation bv Developer. The Developer shall install or cause to be installed and pay for the following, hereinafter referred to as the "Developer Improvements." The grading, erosion control and landscaping shall all be made in accordance with City approved plans. a. Setting of Lot and Block Monum nts b. Surveying and staking of work required to be performed by the Developer. c. Gas, electric, telephone, and cable lines prior to building occupancy d. One set of sewer and water services per dwelling prior to building occupancy e. Installation of driveway aprons f. Signage identifying the Walkway Easement area as "Future Sidewalk" between Lot 1 and Lot 2 prior to construction of both dwellings. g. Other items as necessary to complete the development as stipulated herein or in other agreements 6.Grading, Draina e/Site Gradin/Erosion Control and Clean up. Site grading for each lot shall be completed by the Developer, or his assignee, at its cost in accordance with the Stormwater Management Permit for each lot issued and approved by the City at the time of home construction. If required, such activities shall also be approved by the Bassett Creek Watershed Management Commission and be in accordance with an NPDES permit. The Developer or its assigns shall comply with the terms of the Stormwater Management Permit issued for each home. The Developer, or his assignee, shall obtain a tree preservation permit for each lot. 7.Permit. The Developer hereby grants the City, its agents, employees, officers and contractors a permit to enter the Subject Property to perform all work and inspections deemed appropriate by the City during the site development including home construction. 8.Assessment for Public Works Costs. a. The Developer shall obtain the appropriate permits for and install sewer and water services to said Lots 1, 2 and 3 & driveway aprons for said Lots 1, 2 and 3 as determined by the City Engineer. The Developer is required to obtain necessary Right of Way (ROW) permits and utility permits from the City and Hennepin County. b. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat or subdivision approval and development of the Subject Property. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. 2 9.Park Dedication. The Developer agrees to pay a park dedication fee in the amount of 850 at or before the time of execution of any plat by the City. 10. Propertv Fees, Char es and Assessments. The Developer understands that builders will be required to pay for the Subject Property fees, charges and assessments in effect at the time of issuance of building permits. The rates for each of these items will be set according to the current rate structure at the time the building permit is received. 11. Developer's Default. In the event of default by the Developer as to any of the work to be performed by its hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, Section 429.081. 12. Miscellaneous. a. The Developer represents to the City that the development of the Subject Property, the subdivision and the plat comply with all city, county, metropolitan, state and federal laws and regulations including, but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. b. Third parties shall have no recourse against the City under this Agreement. c. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. d. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. e. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. f. This Agreement shall run with the land and may be recorded against the title to the property. The Developer agrees to provide the execution of amendments to this Agreement, as are necessary to effect the recording hereof. After the Developer has completed the wark required of it under this Contract, at the Developer's request, the City will execute and deliver to the Developer a release. 3 g. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so exciting may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. h. The Developer may not assign this Agreement without the written permission of the City Council, i. It is the present intention of the Council not to grant to the developer variances for this subdivision. 13. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Dr. Paul Olin 6900 Harold Ave. Golden Valley, MN 55422 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: City Manager City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF GO DEN VALLEY By: She ard M. Harris, M yor By: Thomas D. Burt, Cit ager DEVELOPER By. 7 (. Its l/w `^'r' 4 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of`l(_ , 2013, by Shepard M. Harris, Mayor, and Thomas D. Burt, City Manager, of the City of Golden Valley, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. E JU II"i A, JALL' a ta Public rh b. c aa.t,2ote s STATE OF MINNESOTA ) ss. COUNTY OF L VL 7fh ) G 'The foregoing instrument was acknowledged before me this day of 20, by Dr. Paul Olin, on behalf of the said Developer. 1 ` w wM, m N ry Public JUpITH A. NALLY NOTARY PUB.I•IMNINIE.'SOTI1 h MIIO 6*Yr MR af.2018 5 ATTACHMENT 1 Olin Woods Addition, Hennepin County, Minnesota. m ,, r as z s 7 os r 7oa 055 7d35 6931 6909 6839 70211 - ,,, 7 A0 r... 555 Sk5 ^ 8236$Q9 $74 aao -s s raafl ' T 7q28 7030 5d5 `` 5 U 537 5+44 ti,714d1 i s,r 4` 7218 p r ! 521 S a2 51D r ."525 530 I \ ' .t" _i 7t131 w i t3 r- 4 n 7151 `. ' 71UD 70d0 7Q20 5 1 B93fl $3 4 _. 72fl1 i s i S t J sN,MY 0.56., . 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To ensure consistency within its compensation and classification structure, the City continues to engage its consultant David Drown and Associates (DDA) to review each new position and grade them accordingly. The attached resolution includes the current classification and compensation for all full-time/part-time regular and seasonal/temporary/variable hour/intern positions. The following positions are currently under review with DDA: Accountant Brookview Events Coordinator (moving from .75 to 1.0) Community Service Officer I Community Service Officer II Deputy Fire Marshal Recreation Coordinator (moving from .50 to 1.0) Once graded by DDA, these positions will be updated in the Classification Grid. All of these positions have been discussed with City Council and were approved through the 2022 budget process. Financial Or Budget Considerations Updated classification and compensation are all reflected in the 2022 budget. Recommended Action Motion to approve Resolution No. 21-114 adopting the Implementation of the 2020 Compensation Stud and Establishing the Compensation Grid and Classification Table. Supporting Documents • Resolution No. 21-114 Approving Implementation of 2020 Compensation Study and Establishing Compensation Grid and Classification Table (5 pages) RESOLUTION NO. 21-114 RESOLUTION APPROVING IMPLEMENTATION OF 2020 COMPENSATION STUDY AND ESTABLISHING COMPENSATION GRID AND CLASSIFICATION TABLE WHEREAS, in 2020, the City conducted a full compensation and classification study (the “Study”) to ensure the City is paying competitive and fair wages to its employees; and WHEREAS, on December 15, 2020 the City Council approved implementation of the Study; and adopted the compensation grid for the City; and WHEREAS, on December 15, 2020 the City also adopted a Classification Table that assigned a grade to each position within the City; and WHEREAS, positions are routinely reviewed and reclassified according to position responsibilities; and the Council approved changes to the classification table by Resolution 21-13 on March 16, 2021; and by Resolution 21-38 on May 18, 2021; and WHEREAS, in alignment with the City’s values of communication and accountability, it is the City’s practice for the City Council to review and adopt the Compensation Grid and Classification Table annually. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that: 1. The City hereby adopts the following 2022 Full-Time & Part-Time Regular Compensation Grid effective January 1, 2022: Grade Compensation Grid-2022 4.90% 4.90% 4.90% 4.90% 4.90% 4.90% 1 2 3 4 5 6 7 1 $19.23 $20.17 $21.16 $22.20 $23.29 $24.43 $25.62 2 $20.38 $21.38 $22.43 $23.53 $24.68 $25.89 $27.15 3 $21.60 $22.66 $23.77 $24.93 $26.15 $27.44 $28.78 4 $22.90 $24.02 $25.20 $26.43 $27.73 $29.08 $30.51 5 $24.50 $25.70 $26.96 $28.29 $29.67 $31.12 $32.64 6 $26.21 $27.50 $28.85 $30.26 $31.74 $33.30 $34.93 7 $27.52 $28.87 $30.28 $31.77 $33.33 $34.96 $36.68 8 $28.62 $30.03 $31.50 $33.04 $34.66 $36.36 $38.14 9 $29.78 $31.24 $32.77 $34.37 $36.06 $37.82 $39.67 10 $31.26 $32.79 $34.40 $36.08 $37.85 $39.71 $41.65 11 $35.33 $37.06 $38.88 $40.78 $42.78 $44.88 $47.07 12 $37.44 $39.28 $41.20 $43.22 $45.34 $47.56 $49.89 13 $39.32 $41.24 $43.26 $45.38 $47.61 $49.94 $52.39 14 $40.89 $42.89 $45.00 $47.20 $49.51 $51.94 $54.49 15 $42.93 $45.03 $47.24 $49.56 $51.98 $54.53 $57.21 16 $45.51 $47.74 $50.07 $52.53 $55.10 $57.80 $60.64 17 $48.25 $50.61 $53.09 $55.69 $58.42 $61.28 $64.28 18 $52.58 $55.16 $57.86 $60.70 $63.67 $66.79 $70.06 19 $55.21 $57.91 $60.75 $63.73 $66.85 $70.13 $73.56 20 $57.97 $60.81 $63.79 $66.91 $70.19 $73.63 $77.24 21 $60.87 $63.86 $66.98 $70.27 $73.71 $77.32 $81.10 22 $64.52 $67.68 $71.00 $74.48 $78.13 $81.95 $85.97 23 $68.39 $71.74 $75.26 $78.95 $82.81 $86.87 $91.13 2. The City hereby adopts the following updated Full-Time & Part-Time Regular Classification Table: New Grade Title 1 2 Community Service Officer Guest Services Specialist Recreation Coordinator 3 Administrative Assistant – Fire Department Brookview Events Coordinator Lead Community Service Officer Police Department Office Assistant 4 Administrative Assistant – Inspections Administrative Assistant – Parks And Recreation Engineering Assistant Inspections & Development Assistant Lead Cook Turf Maintenance Assistant 5 Accounting Technician Assessments/Accounts Payable Technician Motor Vehicle License Clerk Planning Assistant Police Assistant Public Works Assistant 6 Facilities Maintenance Specialist Executive Assistant - City Manager’s Office Inspections Administrative Specialist Physical Development Assistant/Deputy City Clerk Utility Billing Specialist 7 Communications Specialist Golf Operations Coordinator Maintenance Worker/Mechanic Park Maintenance Worker Street Maintenance Worker Turf Equip Technician /Mechanic Utilities Maintenance Worker Web/Graphic Designer 8 Community Connection and Outreach Specialist Environmental Specialist Fire Inspector I Head Chef/Kitchen Supervisor Information Technology Technician Public Works Inspector Restaurant and Catering Supervisor Utilities Specialist Vehicle Maintenance Worker/Mechanic 9 City Forester Engineering Technician II Water Distribution Specialist Park Maintenance Field Supervisor Street Maintenance Field Supervisor Utilities Maintenance Field Supervisor Vehicle Maintenance Field Supervisor 10 Assistant Golf Operations Manager Engineering Technician III GIS Specialist Planner Police Operations Supervisor 11 Accountant Accounting Coordinator Building Inspector Crime Analyst Supervisor Deputy Registrar Supervisor Greens & Turf Specialist Information Technology Specialist Patrol Officer Recreation & Facilities Supervisor Recreation Supervisor 12 Golf Maintenance Supervisor Restaurant & Catering Manager 13 City Clerk Equity and Inclusion Manager 14 Accounting Supervisor Assistant City Engineer Environmental Resources Supervisor Golf Operations Manager Park Superintendent Street And Vehicle Maintenance Superintendent Utilities Superintendent 15 Assistant Fire Chief Building Official Sergeant 16 Housing and Economic Development Manager Information Technology Supervisor Planning Manager 17 Police Commander 18 City Engineer Communications Director 19 Finance Director Fire Chief Parks & Recreation Director Physical Development Director Public Works Director 20 21 City Attorney Deputy City Manager/Human Resources Director Police Chief 22 23 City Manager 3. The City hereby adopts the following 2022 Seasonal, Variable Hour, Temporary and Intern Positions Compensation Grid, effective March 1, 2022: Steps 1 2 3 4 5 6 7 Grade 1 11.47 12.06 12.63 0.00 0.00 0.00 0.00 2 12.26 12.89 13.51 14.15 14.76 15.38 15.83 3 12.78 13.42 14.06 14.74 15.38 16.03 16.47 4 13.23 14.03 14.72 15.39 16.09 16.77 17.21 5 13.47 14.54 15.25 15.97 16.68 17.46 17.92 6 14.66 15.08 16.28 16.83 17.54 18.42 18.87 7 17.20 18.00 18.70 19.38 20.15 20.88 21.34 4. The City hereby adopts the following 2022 Seasonal, Variable Hour, Temporary and Intern Positions Classification Table: Grade Position 1 Starter/Ranger Warming House 2 316 Restaurant Positions: • Bartender • Server • Dishwasher/Bar‐Back Election Judge (Step 6) Indoor Playground Attendant Park & Reaction Seasonal Athletics: • Playground Leader • Field Attendant • Sports Instructor Golf Operations: • Beverage Cart Attendant • Par 3 Cashier • Range Supervisor 3 Election Captain (Step 6) Pro Shop Cashier 4 Community Center Attendant Golf Maintenance Operator Parks and Recreation Program Specialist Seasonal Public Works Worker 5 Golf Office Assistant Pathways Intern 6 Community Health Worker Intern Golf Maintenance Technician Lead Pro Shop Cashier Park and Recreation Intern 7 Assistant Senior Program Coordinator Banquet and Restaurant Staff Coordinator Cook Community Development Intern Engineering Intern Water Resources Intern Golf Staff Coordinator Guest Services Lead 5. The City hereby adopts the following paid on-call firefighter compensation, effective January 1, 2022: Position Hourly Rate Battalion Chief $24.60 Captain $22.79 Lieutenant $21.14 Firefighter $18.36 Firefighter-Apprentice $15.60 Firefighter in Training $12.55 6. The Council shall approve all classification changes that increase the budget. Changes to job title and other modifications that do not increase the budget shall not require Council approval. The most current Job Classification Grid shall be kept on file with the Human Resources Department. Adopted by the City Council of Golden Valley, Minnesota this 21st day of December, 2021. ______________________ Shepard M. Harris, Mayor ATTEST: _______________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. O. Approval of Final Plat – Spire Golden Valley, Resolution No. 21-115 Prepared By Myles Campbell, Planner Summary At the November 16, 2021, City Council meeting, the Council held a public hearing on the Preliminary Plat for the minor subdivision at 6440 Wayzata Boulevard. After the hearing, the Council approved the Preliminary Plat which would split the existing parcel into two lots. The Final Plat has now been presented to the City. Staff has reviewed the Final Plat and finds it consistent with the approved Preliminary Plat and the requirements of City Code. Financial Or Budget Considerations None Recommended Action Motion to adopt Resolution No. 21-115 Approval of Plat – Spire Golden Valley Addition Supporting Documents • Resolution No. 21-115 for Approval of Plat – Spire Golden Valley (1 page) • Final Plat of Spire Golden Valley (1 page) RESOLUTION NO. 21-115 RESOLUTION FOR APPROVAL OF PLAT – SPIRE GOLDEN VALLEY WHEREAS, the City Council for the City of Golden Valley, pursuant to due notice, has heretofore conducted a public hearing on the proposed plat to be known as Spire Golden Valley covering the following described tracts of land: Lot 1, Block 1, FLORIDA RESTAURANTS ADDITION except that part which lies Southerly of a line run parallel with and distant 30 feet Northerly of Line 1 described below: Line 1: Beginning at a point on the East line of Section 5, Township 117 North, Range 21 West, distant 49.18 North of the East Quarter corner thereof; thence run Westerly at an angle of 78 degrees 53 minutes 53 seconds from said East section line (measured from North to West) for 178.86 feet; thence deflect to the left on a tangential curve having a radius of 11,455.16 feet and a delta angle of 1 degree 31 minutes 00 seconds for 303.2 feet; thence on a tangent to said curve for 200 feet and there terminating, according to the recorded plat thereof, Hennepin County, Minnesota. WHEREAS, all persons present were given the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that said proposed plat be, and the same hereby is, accepted and approved, and the proper officers of the City are hereby authorized and instructed to sign the original of said plat and to do all other things necessary and proper in the premises. Adopted by the City Council this 21st day of December, 2021. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Anderson Engineering of Minnesota, LLC13605 1st Avenue North,Suite 100Plymouth, MN 55441763-412-4000 (o) 763-412-4090 (f)www.ae-mn.comENGINEERINGARCHITECTURELAND SURVEYINGENVIRONMENTAL SERVICESLANDSCAPE ARCHITECTURESPIRE GOLDEN VALLEY Golden Valley City Council Meeting December 21, 2021 Agenda Item 3. P. Approve Resolution No. 21-116 Adopting Amendment to Employee Handbook Prepared By Kirsten Santelices, Deputy City Manager/Human Resources Director Summary At the Council Work Session on December 14, 2021, the City Council reviewed proposed changes to the Employee Handbook. Staff shared with the City Council that periodic changes to the handbook are important to ensure compliance with state and federal laws and equitable and inclusive policy practices. At the Work Session the City Council and staff reviewed the following policy updates: • Respectful Workplace: Accommodations for Pregnancy and Nursing Mothers • Workplace Rules: Appearance and Dress • Technology Use Policy: Security • Benefits: Benefit Eligibility • Benefits: Miscellaneous • Time Away from Work: Leave Donation • Safety: Alternative Duty as a Reasonable Accommodation Additionally, City Attorney Cisneros shared changes in legislation which impacts the City’s remote working policy. As such, an additional policy change was recommended under Hours of Work and Time Tracking: Flexible Work Arrangement. Staff proposes that Council adopt the updated policies into the handbook. The approved changes will go into effect January 1, 2022. Financial Or Budget Considerations None. Recommended Action Motion to adopt Resolution No. 21-116 amending the employee handbook. Supporting Documents • Resolution No. 21-116 Adopting Amendment to Employee Handbook (1 page) RESOLUTION NO. 21-116 RESOLUTION ADOPTING AMENDMENT TO EMPLOYEE HANDBOOK WHEREAS, a completely revised Employee Handbook was adopted by Resolution 11-81 on December 20, 2011 and dated January 1, 2012; amended by Resolution 12-24 on March 20, 2012; amended by Resolution 12-100 on December 18, 2012; amended by Resolution 13-65 on July 16, 2013; and amended by Resolution 17-19 on April 20, 2017; and amended by Resolution 17-85 on December 17, 2017; and amended by Resolution 18-87 on December 18, 2018; and amended by Resolution 19-75 on December 17, 2019; and amended by Resolution 20-81 on December 15, 2020; and Amended by Resolution 21-17 on April 6, 2021; and Amended by Resolution 21-46 on June 15, 2021, and WHEREAS, the Employee Handbook has been revised to include updated policies and procedures, including employee benefits, complying with state and federal laws, and updated language to reflect advice of legal counsel in a manner that involves providing employees with an updated handbook; and WHEREAS, the above-referenced amendments will become effective as of January 1, 2022. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that the amendments to the “City of Golden Valley Employee Handbook” dated January 1, 2022 is hereby adopted, and the revised policies supersede all previously adopted policies and procedures except those contained in approved union contracts. Adopted by the City Council of Golden Valley, Minnesota this 21st day of December, 2021. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa J. Schyma, City Clerk Golden Valley City Council Meeting December 21, 2021 Agenda Item 4. A. Public Hearing - Approving Vacation of Trail Easement in Olin Woods Addition, Resolution No. 21-117 Prepared By Marc Nevinski, Physical Development Director Summary In June of 2017, Paul Olin sued the City alleging the City was discharging stormwater onto a lot (i.e. the Basin Lot) with a natural basin thereby making it unbuildable. The City asserted it had done nothing to increase stormwater flow and that runoff had actually been reduced. The City sought summary judgement in the case but the judge directed the City and Dr. Olin to negotiate a settlement. Following some negotiation, a settlement agreement was reached where the City agreed to relocate the existing trail easement established as part of the original subdivision from lots 1 and 2 to Lot 3. Earlier on its agenda, Council considered an amendment to the development agreement regarding the trail easement signage. The Olin’s have already provided a new trail easement agreement to locate the easement on Lot 3. A notice of public hearing regarding the proposed easement vacation was published and posted and letter were sent to the affected property owners. Staff also sent a letter to all private utility companies requesting their review and comment, and there been no objection to this easement vacation. As the easement is not adjacent to public waters, notice the Commissioner of Natural Resources is not required. In accordance with state statutes, a four-fifths majority vote in favor of the resolution is required to approve the easement vacation. Financial Or Budget Considerations There are no immediate or direct budget implications resulting from these actions. However, the settlement agreement obligates the eventual cost of the trail improvement and maintenance to the City, as well as some improvements to the storm water pipes on the lot as part of a future and undefined public improvement project. Recommended Action Motion to adopt Resolution No. 21-117 Vacating the Trail Easement between Lots 1 and 2, Olin Woods Addition. Supporting Documents • Easement Vacation Exhibit (1 page) • Resolution No. 21-117 Vacating the Trail Easement between Lots 1 and 2, Olin Woods Addition (2 pages) Vacate TrailwayEasementLot 1, Block 1Olin Woods Addn Lot 2, Block 1Olin Woods Addn GlenwoodAve HaroldAve H a ro ld A v e 6900 6945 0 40 8020Feetby the City of Golden Valley, 12/13/2021 I RESOLUTION NO. 21-117 RESOLUTION VACATING TRAIL EASEMENT BETWEEN LOTS 1 AND 2, BLOCK 1, OLIN WOODS ADDITION WHEREAS, Paul S. Olin and Mary Kathryn Olin granted a trailway easement to the City of Golden Valley between Lots 1 and 2, Block 1, Olin Woods Addition in an easement agreement dated April 21, 2014 (Doc No T05339834); and WHEREAS, the City and Paul Olin entered into a settlement agreement on September 4, 2018 in the case of Dr. Paul Olin v City of Golden Valley; and WHEREAS, the settlement agreement stated the City would vacate the permanent trail easement described as: Lots 1 and 2, Block 1, OLIN WOODS ADDITION, according to the proposed plat thereof, Hennepin County, Minnesota. A permanent easement for trailway purposes being that part of the above described parcels which lies within a 12.00-foot-wide strip of land being 6.00 feet wide on each side of the property line between Lots 1 and 2, Block 1, OLIN WOODS ADDITION. WHEREAS, Paul Olin and the City have agreed to a new location for the trailway easement with in the OLIN WOODS ADDITION, and Paul Olin and Mary Kathryn Olin have provided the City a signed agreement for the new location of the trailway easement; and WHEREAS, the City initiated the vacation of the existing trailway easement in conformance of the terms of the settlement agreement; and WHEREAS, the City Engineer reviewed and examined City records related to the easement and determined that no public utilities exist within the area proposed for vacation; and WHEREAS, a public hearing to consider the vacation of such easement was held on December 21, 2021 before the City Council in the City Hall located at 7800 Golden Valley Road, Golden Valley, MN at 6:30 p.m. after due published and posted notice had been given twice on December 9, 2021 and December 16, 2021, as well as personal mailed notice to all affected property owners mailed on December 10, 2021 by the City Clerk and all interested and affected persons were given an opportunity to voice their concerns and be heard; and WHEREAS, the Council has evaluated its interest and use of the trailway easement and has determined and found the new trailway easement location to be acceptable. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley that: 1. The petition for vacation is hereby granted and the trailway easement described above is hereby vacated: Adopted by the City Council of Golden Valley, Minnesota this 21st day of December 2021. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting December 21, 2021 Agenda Item 4. B. Public Hearing – Zoning Text Amendments – Use Table Updates, Ordinance No. 728 and Approving Resolution No. 21-118 Authorizing Summary Publication of the Ordinance Prepared By Myles Campbell, Planner Jason Zimmerman, Planning Manager Summary Over the last year, staff and Commissioners have been reviewing various aspects of the lists of permitted, conditional, and restricted uses in the Zoning Chapter with the intention of proposing Zoning Text Amendments to better align these sections of code with the Comprehensive Plan and to streamline the language and layout to be more easily interpreted by residents, businesses, and other users. The revisions to code include: • Providing summary tables for all of the uses in each zoning district in an easy to read format and including this in the Zoning Chapter. • Updating and refining the listed uses for each zoning district via consolidation, elimination, consistent language, etc. • Reorganizing the Sub-Districts of the Institutional zoning district to match what was included in the Comprehensive Plan. • Expand where Places of Worship can be located and how they can be permitted in order to comply with RLUIPA. • Modify the uses accommodated in multi-family zoning districts to include manufactured home parks as a conditional use. This is a requirement laid out in State statute. Use Tables The City Code’s current handling of allowed land uses by zoning district was the original impetus for this larger review. While not as much of an issue in zoning districts such as R-1 (Single-Family Residential) because of the relatively small number of uses, in zoning districts with many uses, the current code is not user-friendly. For example, in the Industrial zoning district there are listed 13 unique permitted uses and 17 unique conditional uses. This code section also refers readers to the Light Industrial zoning district chapter, as it allows all 14 permitted, 26 conditional, and one restricted uses from that district. City Council Regular Meeting Executive Summary City of Golden Valley December 21, 2021 2 While there is a need to delineate between these uses, the list format and the need to flip between different zoning chapters contributes to poor accessibility for the code. As an alternative, Planning Commission and Staff began researching the potential to reformat these land use restrictions into a table format. Use tables are a common tool used by communities both in the metro and nationally in order to make sense of what types of land uses are allowed or prohibited in certain zoning districts. At a glance, users should be able to get a better idea of in which districts a particular use is allowed, and whether that use is permitted by-right or if City approvals are necessary. This is especially salient for a business-user who may be comparing and contrasting further between different Cities when searching for a location. From 2020 into 2021, the Planning Commission and staff went through the code for each zoning district to examine its allowed land uses. In addition to the table reorganization, the Planning Commission also examined where these land uses could be streamlined and updated. For example, the Commercial Zoning District called out a number of one-off retail uses despite also including a broader “general retail” catch-all category. The body saw no reason why a “plumbing shop” or “shoe repair store” would need to be singled out from general retail, and so these uses could be removed. Other uses were examined based on their level of review. A conditional use requires appearance at two public hearings, costs associated with site planning and other checks that must be met before commencing a use. While these are often necessary to prevent negative impacts on adjacent properties, the Planning Commission did identify some uses that could be addressed as “restricted uses.” This category has been used for other land uses like tobacco retailers and lays out established restrictions all such uses must meet. As a fully administrative review, the timeline of approval is shortened significantly. Revised Institutional Sub-Districts This item is covered more in depth in the accompanying memo on the Zoning Map amendment. RLUIPA Compliance During review of land uses, staff took the opportunity to update the code’s handling of religious institutions to reflect recent case law updates towards the Religious Land Use and Institutionalized Persons Act (RLUIPA). The requirements for compliance can be summarized into two main areas: treatment of religious places of assembly equivalent to non-religious counterparts (equal terms violations), and the provision of sufficient opportunities for religious institutions without illegitimate restriction (substantial burden violations). RLUIPA is far from settled case law and different Federal Court Circuits have adopted different standards of review specifically for the “equal terms violations” which refer to cases where places of worship are treated inequitably compared to non-religious uses. The Federal Eighth Circuit (which Minnesota falls in) has not yet adopted a standard, meaning that this will likely need to be updated and addressed in the future as new rulings come out. Given staff and Planning Commission’s review of guidance around RLUIPA, the following amendments to the zoning code have been proposed: City Council Regular Meeting Executive Summary City of Golden Valley December 21, 2021 3 a. Remove Recreational Uses from the Industrial zoning district (they are currently allowed as conditional uses). b. Rely on an updated economic purpose statement for the Commercial zoning district as a way to justifying the exclusion of Places of Worship from those areas. c. Include the new Indoor Entertainment use as a conditional use in the Light Industrial zoning district (it had been discussed as a permitted use). d. Add Places of Worship to the Light Industrial zoning district as a conditional use. e. Add Places of Worship to the list of uses in the Light Industrial zoning district from which a firearms dealer must remain 750 feet away. Working with the City Attorney, staff believes these changes should allow the Zoning Chapter to adequately meet the RLUIPA provisions. Manufactured Homes Finally, staff has determined that Golden Valley’s zoning requirements are currently not compliant in terms of addressing manufactured homes. While individual manufactured homes are allowed as single-family dwellings in the R-1 and R-2 zoning districts, State statute requires that manufactured home parks be allowed as conditional uses in any zoning district that allows homes or buildings to be used by two or more families. This means that in order to comply, manufactured home parks need to be added as a conditional use in the R-2, R-3, R-4, and Neighborhood and Community Mixed Use zoning districts. Given the demand for housing in Golden Valley, and the high cost of land, it is extremely unlikely that even with this new allowance for manufactured home parks it would ever make financial sense for a developer to construct with within the city. However, in order to provide some basic standards, staff has drafted a definition of a manufactured home park as well as general regulations to govern the layout and placement of individual manufactured homes and other structures. Discussion at Planning Commission The Planning Commission had relatively few comments/corrections on these items at their informal public hearing in November – likely due to their familiarity with the topic, having had at least a dozen discussions on it over the past year. Commissioners were optimistic about the impact these changes would have on code by making it generally more accessible to the average user. While the meeting was attended by a handful of residents, only one resident called in to the meeting to comment, wondering if the changes would impact the value of homes within the City. Commissioners and staff agreed that the switch in organization from lists to tables for land uses would not effect a significant property value impact. In addition, Commissioners requested that cemeteries be added as a conditional use to the Institutional – Assembly subdistrict, in order to provide the City with some degree of oversight. Summary Overall these changes represent a very significant text modification to the Zoning Chapter, while having a lesser impact on the actual content/regulations of that code. These housekeeping items City Council Regular Meeting Executive Summary City of Golden Valley December 21, 2021 4 incorporate amendments to many sections of code, and given the complexity staff has included a copy of underlined/overstruck text in addition to the ordinance language itself. Given the goal and purpose of this review to modernize the code and make it more accessible to the average reader, staff feels that the amendment represents a significant improvement over the existing language. Financial Or Budget Considerations This proposed ordinance is not anticipated to have any significant financial impacts, although including Places of Worship as a conditional use in the Light Industrial district presents some new potential for tax-exempt properties. Recommended Action • Motion to adopt Ordinance No. 728, Amending Chapter 113: Zoning in order to Establish the Allowed Uses by Zoning District in a Summary Table Format for Ease of Use • Motion to adopt Resolution No. 21-118, Authorizing Summary Publication of Ordinance No. 728 Supporting Documents • Planning Commission memo dated November 22, 2021 (4 pages) • Minutes from Planning Commission meeting of November 22, 2021 (4 pages) • Underlined/Overstruck text (28 pages) • Ordinance No. 728 (16 pages) • Resolution No. 21-118 Summary Ordinance (1 page) 1 Date: November 22, 2021 To: Golden Valley Planning Commission From: Myles Campbell, Planner Jason Zimmerman, Planning Manager Subject: Zoning Text Amendments - Use Tables Summary Over the last year, staff and Commissioners have been reviewing various aspects of the lists of permitted, conditional, and restricted uses in the Zoning Chapter with the intention of proposing Zoning Text Amendments to better align these sections of code with the Comprehensive Plan and to streamline the language and layout to be more easily interpreted by residents, businesses, and other users. This memo summarizes the main initiatives that led to the proposed changes to be considered at the public hearing. Background The work can be roughly grouped within the following four areas: 1. Providing summary tables for all of the uses in each zoning district in an easy to read format and including this in the Zoning Chapter. 2. Updating and refining the listed uses for each zoning district via consolidation, elimination, consistent language, etc. 3. Reorganizing the subdistricts of the Institutional zoning district to match what was included in the Comprehensive Plan. 4. Expand where Places of Worship can be located and how they can be permitted in order to comply with RLUIPA. 5. Modify the uses accommodated in multi-family zoning districts to include manufactured home parks as a conditional use. This is a requirement laid out in State statute. Summary Tables Staff has worked with the Planning Commission to create summary tables that highlight if a use is permitted, restricted, conditional, or prohibited within each zoning district. Each 2 of these tables includes multiple individual zoning districts, which helps a user compare and contrast what is allowed. The current summary tables are labeled Residential, Economic and Business, and Institutional. The Zoning Chapter already includes Mixed Use summary tables. Refined Lists of Uses Staff also worked with the Planning Commission to update the language around these uses to make them clearer, remove unneeded categories, and make language consistent between zoning districts. In addition, staff revisited the level of review associated with each individual use, and recommended some uses be shifted from conditional to permitted, conditional to restricted, permitted to conditional, etc. The updated summary tables provide the most current proposals in terms of language and level of review. After the previous meeting, staff made the changes to Restaurant uses to reflect the division between restaurants that can serve alcohol and those that also include a bar element in addition to seated service. Another modification made was in response to a comment from the Planning Commission made during the initial review of commercial uses. It was suggested that a combined cosmetology use be included that would be more inclusive than the existing “barbershops and/or beauty parlors.” Given recent trends of similar uses such as aestheticians, which are more closely aligned as cosmetology uses than something like a medical clinic, staff has included a new definition for the use, and made it permitted in the Commercial Zoning District. At the prior meeting a Commissioner had requested that schools and educational facilities be included in more zoning districts than Institutional–Assembly, as was listed in the staff report. While staff is open to the idea of more opportunities for educational facilities to locate within the city, this does have its pros and cons. As it relates to RLUIPA, staff believes that including schools as an allowed use in a zoning district which does not also include places of assembly would be grounds for a potential RLUIPA complaint, based on similarities between the uses. In cases where both schools and places of assembly might be allowed, for example in the Light Industrial zoning district, an additional consideration would need to be that such uses would need to have similar standards of review (in this case as conditional uses). Revised Institutional Subdistricts The current zoning language for the Institutional zoning district utilizes five subdistricts, distinguished only by number (1 through 5). Some subdistricts have very few properties included – the I-5 subdistrict has exactly one (the Golden Valley Cemetery). The City’s 2040 Comprehensive Plan reorganized the Institutional land uses into four subdistricts with more descriptive names: Assembly, Civic, Medical, and Parks and Natural 3 Areas. Staff have drafted a reorganization of the Institutional uses in the Zoning Chapter to align in a similar fashion. While mostly a semantic change, the reorganization did trigger a rezoning action for almost all Institutionally zoned properties. In accordance with State statute, staff prepared a notice for all properties within 500 feet of the affected sites – around 5,310 notices altogether. An accompanying website was produced for the notice, using ArcGIS mapping software to illustrate the exact changes for these properties, which is available to all members of the public at https://arcg.is/eXvqi0. RLUIPA Compliance In order to bring the City’s regulations around religious uses into compliance with the Religious Land Use and Institutionalized Persons Act (RLUIPA), staff worked with the Planning Commission to expand the number of zoning districts where religious land uses could be located, and to make consistent the level of review/approval between religious and non-religious uses. The primary results were to add places of worship to the Light Industrial zoning district as a conditional use and to remove from some other zoning districts non-religious assembly uses that would have raised concerns with respect to RLUIPA. To reach RLUIPA compliance, staff has taken the following steps: a. Remove Recreational Uses from the Industrial zoning district (they are currently allowed as conditional uses). b. Rely on an updated economic purpose statement for the Commercial zoning district as a way to justifying the exclusion of Places of Worship from those areas. c. Include the new Indoor Entertainment use as a conditional use in the Light Industrial zoning district (it had been discussed as a permitted use). d. Add Places of Worship to the Light Industrial zoning district as a conditional use. e. Add Places of Worship to the list of uses in the Light Industrial zoning district from which a firearms dealer must remain 750 feet away. Manufactured Homes Finally, staff has determined that Golden Valley’s zoning requirements are currently not compliant in terms of addressing manufactured homes. While individual manufactured homes are allowed as single-family dwellings in the R-1 and R-2 zoning districts, State statute requires that manufactured home parks be allowed as conditional uses in any zoning district that allows homes or buildings to be used by two or more families. This means that in order to comply, manufactured home parks need to be added as a conditional use in the R-2, R-3, R-4, and Neighborhood and Community Mixed Use zoning districts. Given the demand for housing in Golden Valley, and the high cost of land, it is extremely unlikely that even with this new allowance for manufactured home parks it would ever 4 make financial sense for a developer to construct with within the city. However, in order to provide some basic standards, staff has drafted a definition of a manufactured home park as well as general regulations to govern the layout and placement of individual manufactured homes and other structures. Staff Request Staff recommends approval of the Zoning Text Amendments, providing for new summary land use tables and general reorganization of allowed land uses in each zoning district. Attachments Proposed Zoning Text (Underlined/Overstruck) (28 pages)         REGULAR MEETING MINUTES    This meeting was conducted in a hybrid format with in‐person and remote options for  attending, participating, and commenting. The City used Webex to conduct this meeting and  members of the public were able to monitor the meetings by watching it on Comcast cable  channel 16, by streaming it on CCXmedia.org, or by dialing in to the public call‐in line.     1. Call to Order  The meeting was called to order at 7:00 by Chair Pockl.     Roll Call  Commissioners in person: Adam Brookins, Sophia Ginis, Andy Johnson, Lauren Pockl,  Mike  Ruby, Chuck Segelbaum  Commissioners absent:    Rich Baker  Staff present:     Myles Campbell – Planner, Jason Zimmerman – Planning Manager  Council Liaison absent:   Gillian Rosenquist    2. Approval of Agenda    Chair Pockl asked for a motion to approve the agenda.  MOTION made by Commissioner Ruby, seconded by Commissioner Brookins, to approve the agenda  of November 22, 2021. Motion carried.    3. Approval of Minutes  Chair Pockl asked for a motion to approve the minutes from November 8, 2021.  Commissioner Brookins noted an error on page 5, staff made changes.  Commissioner Segelbaum noted edits on page 1, staff made changes.  MOTION made by Commissioner Brookins, seconded by Commissioner Johnson to approve the  minutes with the noted edits.   Motion carried.    4. Informal Public Hearing – Zoning Text Amendments ‐ Use Tables   Applicant: City of Golden Valley    Jason Zimmerman, Planning Manager and Myles Campbell, City Planner, introduced both informal  hearings as they’re related. The first hearing, text amendments, is to address uses and the second,  map amendments, is to update Institutional Subdistricts.       November 22, 2021 – 7 pm    City of Golden Valley    Planning Commission Regular Meeting  November 22, 2021, 2021 – 7 pm       2  Areas of Work:   Creation of summary Use Tables for each zoning district  o Consolidated uses across zoning districts for quick comparisons  o Easy confirmation of Permitted, Conditional, Restricted, or Prohibited uses   Updated and refined lists of uses via consolidation, elimination, consistent language, etc.  o Clarified/updated language and removed unnecessary/outdated categories  o Reviewed appropriate level of review for uses  o This consolidation into tables allowed staff to remove pages of code   Reorganization of Institutional subdistricts to match the Comprehensive Plan  o Primary focus was changing numerical designations to descriptive ones  o Realignment of some uses between subdistricts triggered a formal map amendment  process   RLUIPA modifications for Places of Worship  o Ensures religious uses are treated with no more scrutiny than other non‐religious  assembly uses  o Requires a handful of text modifications:   Remove Recreational Uses from Industrial district   Amend purpose of Commercial district to include language re. business activity   Add Indoor Entertainment to Light Industrial district as a conditional use   Add Places of Worship to Light Industrial distract as a conditional use   Require firearms dealers to locate at least 750 feet from a Place of Worship   Addition of Manufactured Home Park requirements  o State statute requires manufactured home parks be listed as a conditional use in any  zoning district that allows multifamily buildings   R‐2, R‐3, R‐4, Neighborhood Mixed Use, Community Mixed Use  o Staff included general site requirements to govern layout and placement of individual  manufactured homes and other structures    Recommendation   Approval of the Zoning Text Amendments, providing for new summary land use tables and a  general reorganization of allowed land uses in each zoning district.   Approval of the Zoning Map Amendments, reorganizing those properties zoned Institutional into  subdistricts of Assembly, Civic, Medical, and Parks and Natural Areas.    Commissioner Ruby discussed the need for a legend for clarity. Zimmerman pointed out the text prior  to the tables and the language used, then went on to elaborate on ease of viewing on the website and  how formatting will change.   Commissioner Johnson mentioned the places of worship definition and asked about qualifying  “ceremonies and events” as religious institutions and if other locations like a lodge hall would be  included. Staff discussed complying with RLUIPA stating if lodge halls were included then religious  institutions would need to be, however since it’s the reverse‐there is no requirement to add secular  assembly areas.  City of Golden Valley    Planning Commission Regular Meeting  November 22, 2021, 2021 – 7 pm       3  Commissioners and staff discussed the details around prohibiting firearms dealers 750 ft from a Place  of Worship and only 350 ft from a residential area. Being that Golden Valley is primarily residential,  anything greater than 350 ft buffer would essential “out zone” a firearms dealer.     Chair Pockl opened the public hearing at 7:26pm and invited in person commenters to speak first.   Susan Thompson  1031 Orkla  Are group homes currently located in residential areas and if they are, will that change as a part of  this process.   Staff responded they are currently zoned residential and that will not change.     Chair Pockl invited call in commenters to speak.     Jason Ostenson  100 Florida Ct   I’m concerned with creating the subdistrict names versus keeping the numbers as I think it will impact  my property to have it listed as a specific subdistrict versus A‐1, A‐3 or something like that. I think this  will cause changes in property value and will cause ill effects for some and tell folks where they can  and can’t live.       Paula Beugen  1784 Maryland Ave N  I would first like better understanding of the timeline of this process.   I’m concerned with cemeteries in the same category as schools, especially because, for example, the  school in my neighborhood is in a residential area and that would not be an appropriate placement  for a cemetery. This may apply elsewhere.      Staff responded to the first caller: everyone’s home will remain R‐1, or R‐2, it’s the zoning of the areas  nearby that would change. For example, a park currently zoned I‐4 would be zoned Parks and Natural  Areas. The resident’s zoning won’t change, but now anyone looking at the zoning map would see  there’s a park nearby, and not left wondering what an I‐4 zoning is and need to call staff or look in the  zoning code to find out.     Staff responded to the second caller that the notices sent out displayed both the informal and formal  meeting dates. The formal hearing at the 12/21 City Council will be when the proposed changes would  be approved, assuming Planning Commission makes the recommendation to do so.   Cemeteries are currently in a zoning district all by themselves and there is currently one cemetery in  Golden Valley. Staff felt it was an inefficient use of an entire category, allowing a cemetery in the same  zoning area as a place of worship seems to make sense. If a school were to sell, they could sell to a  group wanting to put in a cemetery, or a library, museum, or place of worship. Those uses would all be  allowed in this scenario. Utilizing the use tables, staff discussed what uses would be by right and what  would be conditional.     City of Golden Valley    Planning Commission Regular Meeting  November 22, 2021, 2021 – 7 pm       4  Chair Pockl closed the public hearing at 7:40pm    Chair Pockl opened the discussion.     Chair Pockl asked why the cemetery use was permitted and not conditional, staff responded that they  never recommended the change to conditional and so it wasn’t discussed. Members need to come up  with items they’d like mitigated by a CUP, like traffic or noise. Ruby asked if there are other regulations  on cemetery locations, staff responded that if a proposal took place then a county or state jurisdiction  would need to have their requirements met. Golden Valley making it a permitted use doesn’t  determine its inherent allowance.   Commissioner Ginis mentioned considering conditional being that a cemetery may impact the City’s  long‐term planning as cemeteries often lose funding and thus cannot maintain their facilities. Staff  noted that’s how the City obtained the current cemetery. Staff and Commissioners discussed  conditional or restricted use and Brookins mentioned the idea of making it prohibited but making the  current cemetery legally non‐conforming.     Chair Pockl stated comfort with recommending approval and adding cemeteries as conditional,  Brookins stated he believes they should be prohibited. Members and staff discussed this item and  potential conditions as well as how a condition/prohibition would differ from the current zoning.  Johnson suggested that light industrial allow conditional use for lodges or private halls.      MOTION made by Commissioner Ruby, seconded by Commissioner Johnson, to recommend approval  with the changes as recommended by Commissioners of the zoning text amendments.   Motion passed unanimously.     5. Informal Public Hearing – Zoning Map Amendment ‐ Reorganization of Institutional Subdistricts  Applicant: City of Golden Valley    Myles Campbell, Planner, restated a few items that were mentioned in the previous presentation.  Campbell displayed maps listed on the website that were in the notice sent out to residents of Golden  Valley. Staff reviewed uses and stated there are no development plans in the Institutional Subdistricts,  this change is the colors on the map and the names of the districts. Staff is moving from the ambiguous  number categories to clearly named subdistricts.     Recommendation  Staff recommends approval of the Zoning Map Amendment, reorganizing those properties zoned  Institutional into subdistricts of Assembly, Civic, Medical, and Parks and Natural Areas.     Chair Pockl opened the public hearing at 8:21pm.    No in person commenters.  No call‐in commenters.   Chapter 113 ZONING Sec. 113-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Cosmetology Services: Any facility providing retail goods or services related to personal care and beauty products. This includes but is not limited to barbershops, hair and nail salons, estheticians, and tanning facilities. Indoor Entertainment and Amusement: An establishment primarily engaged in activities intended to provide personal entertainment or amusement and where food and refreshments may be provided as an incidental service, including such uses as bowling alleys, video and virtual reality arcades, escape rooms, and indoor theaters (live or motion picture). Manufactured Home Park: A site, lot, field, or tract of land upon which two or more manufactured homes are located, including any building, structure, vehicle, or enclosure used or intended for use as part of the equipment of the manufactured home park. Place of Worship: A structure maintained and operated by an organized group for religious purposes, including, without limitation, a church, synagogue, mosque, rectory, parish house or similar building, with religious gathering or worship being its principal use. A building or portion thereof, together with its accessory buildings and uses, of which the principal use is the regular assembly of a group of individuals for religious worship, religious ceremonies, or religious events. Sec. 113-87. Summary Use Tables. (a) Residential Land Uses. (1) In general. Table 87-1, Residential Land Uses, lists all permitted, conditional, restricted, and prohibited uses in the Residential Zoning Districts. (2) Permitted uses. Uses specified with a "P" are permitted as of right in the district or districts where designated, provided that the use complies with all other applicable provisions of this Code. (3) Conditional uses. Uses specified with a "C" are allowed as a conditional use in the district or districts where designated, provided that the use complies with all other applicable provisions of this Code. Persons wishing to establish or amend a conditional use shall obtain a conditional use permit, as specified in Sec. 113-30, Conditional Uses. (4) Restricted uses. Uses specified with an “R” are permitted as of right in the district or districts where designated, provided they comply with additional standards detailed in the corresponding text of this Chapter. (5) Prohibited uses. Any use specified with an “X” or not listed in a particular district or any use not determined by the City Manager or their designee to be substantially similar to a use listed as permitted, conditional, or restricted shall be prohibited in that district. (6) District key. The notations in Table 87-1 represent the zoning districts listed below: R-1: Single-Family Residential R-2: Moderate Density Residential R-3: Medium Density Residential R-4: High Density Residential Table 87-1 Residential Land Uses Land Use Description R-1 R-2 R-3 R-4 Low to Moderate Density Housing Single-family dwellings P P X X Two-family dwellings X P P X Rowhouses with up to four attached units X P X X Townhouses X X P X Multifamily Housing Multifamily dwellings of up to 12 units per acre X X P P Multifamily dwellings to a density of 17 units per acre X X C P Multifamily dwellings to a density of 50 units per acre X X X P Multifamily dwellings to a density of 100 units per acre X X X C Senior and disability housing to a density of 20 units per acre X X P P Senior and disability housing to a density of 25 units per acre X X C P Senior and disability housing to a density of 70 units per acre X X X P Senior and disability housing to a density of 100 units per acre X X X C Multifamily Conditional Allowances Senior and disability housing up to five stories or 60 feet in height X X C C Principal structures in excess of five stories or 60 feet in height X X X C Retail sales, Class I and II restaurants, and professional offices* X X C C Manufactured home parks X C C C *These uses must be within principal structures containing at least 20 dwelling units when located upon any minor arterial or major collector street. Any such sales, restaurant, or office shall be located only on the ground floor and have direct access to the street. Residential Facilities, Foster Homes, and Essential Services Residential facilities serving six or fewer persons P P P P Residential facilities serving up to 25 persons C C P P Foster family homes P P P P Group foster family homes C C P P Essential services, Class I P P P P Mobile food vending R R R R (b) Economic and Business Land Uses. (1) In general. Table 87-2, Economic and Business Land Uses, lists all permitted, conditional, restricted, and prohibited uses in the Commercial, Light Industrial, Industrial, and Office Zoning Districts. (2) Permitted uses. Uses specified with a "P" are permitted as of right in the district or districts where designated, provided that the use complies with all other applicable provisions of this Code. (3) Conditional uses. Uses specified with a "C" are allowed as a conditional use in the district or districts where designated, provided that the use complies with all other applicable provisions of this Code. Persons wishing to establish or amend a conditional use shall obtain a conditional use permit, as specified in Sec. 113-30, Conditional Uses. (4) Restricted uses. Uses specified with an “R” are permitted as of right in the district or districts where designated, provided they comply with additional standards detailed in the corresponding text of this Chapter. (5) Prohibited uses. Any use specified with an “X” or not listed in a particular district or any use not determined by the City Manager or their designee to be substantially similar to a use listed as permitted, conditional, or restricted shall be prohibited in that district. (6) District key. The notations in Table 87-2 represent the zoning districts listed below: C: Commercial LI: Light Industrial I: Industrial O: Office Table 87-2 Economic and Business Land Uses Land Use Description C LI I O General retail services and/or sales that are consistent with the purpose of the Commercial Zoning District and not otherwise listed P X X X Food, Entertainment, and Retail Adult-oriented services that require City licensing P P P X Breweries X P P X Brewpubs C X X X Catering establishments P X X X Class I restaurants P X X X Class II restaurants C X X X Class III restaurants C X X X Cocktail rooms that occupy up to 50 percent of the gross floor area of the microdistillery X P P X Cocktail rooms that occupy 50 percent or more of the gross floor area of the microdistillery X C C X Distilleries X X P X Drive-through retail establishments C X X X Hotels/motels P X X X Indoor entertainment and amusement P C X X Private clubs X C X X Micro-distilleries (limited and associated retail use such as merchandise related to the microdistillery may be sold) X P P X Mobile food vending R R R R Recreational uses (public and private), including gyms, skating rinks, etc. P C X X Retail establishments that sell tobacco R X X X Sale or repair of firearms X R R X Seasonal farm produce sales R X X X Taprooms that occupy up to 50 percent of the gross floor area of the brewery X P P X Taprooms that occupy 50 percent or more of the gross floor area of the brewery X C C X Temporary retail sales R R R X Care Services Adult day care center C C C C Animal hospitals, veterinary clinics, and/or pet grooming facilities R C C X Animal kennels X X P X Child care centers C C C C Clinics (medical and dental) X C C P Cosmetology services P X X X Daytime activity centers or other facilities providing school and/or training for disabled people X X X C Mortuaries C X C X Trade schools or training centers C C C X Offices and Financial Institutions Consumer small loan lender R X X X Currency exchange R X X X Financial institutions, with drive-through facilities C C C C Financial institutions, without drive-through facilities P X X P Laboratories (medical, dental, or research and development) X C C C Medical and dental offices P X X P Offices, excluding medical and dental P P P P Automotive Automobile repair shops, auto body repair and/or painting, and auto cleaning and reconditioning X X C X Automobile repair shops, including tire, battery, and auto accessory repair and installation C X P X Building materials yards, including inside and outside storage X C P X Bulk storage of gas, fuel oil, chemicals, and other liquid or solid materials which may be considered hazardous or toxic X X C X Car washes C X C X Sales or show rooms (auto, machinery, boats, etc.) C X C X Service stations C X C X Surface lot storage of automobile sales inventory X C C X Manufacturing Assembly and/or fabricating, foundries, and similar uses X P P X Bakeries (commercial/wholesale) X C C X Blacksmith, repair, machine, or tin shops X X P X Electronics manufacturing X P P X Food packaging and processing that does not involve cooking, heating, smoking, soaking, or marinating procedures X P P X Food packaging and processing that involves cooking, heating, smoking, soaking, or marinating procedures X C C X General manufacturing uses, including the compounding, assembly, or treatment of articles or materials X X P X Metal fabrication and assembly X X P X Other light manufacturing uses that would not constitute a nuisance or health hazard to surrounding or adjacent residential or commercial districts X P P X Packaging and/or bottling of soft drinks or dairy products X C C X Warehousing and Wholesale Greenhouses X P P X Outdoor sales, including car lots, nurseries, and equipment rentals C X C X Recycling drop-off facilities X C P X Recycling facilities X C C X Laundries and dry-cleaning plants X C C X Lumber yards, including outside storage X X P X Warehouses X P P X Wholesale-retail distribution centers X P P X Transportation and Parking Heliports X C C X Off-street parking for adjacent commercial or industrial uses C X C X Public garages P C C X Railroad infrastructure outside of railroad right-of-way X X C X Truck/van terminals X C C X Other Allowances Accessory retail services and/or sales incidental to a permitted use, conducted in an area less than 10 percent of the building's gross floor area X C C X Buildings greater than three stories in height C X X C Buildings greater than four stories in height X C C X Essential services, Class I P P P P Essential services, Class III, except for peaking stations and substations C P P X Firing ranges X X X X Places of worship X C X X Temporary structures such as tents or air-supported structures X X C X (c) Institutional Land Uses. (1) In general. Table 87-3, Institutional Land Uses, lists all permitted, conditional, restricted, and prohibited uses in the Institutional Zoning District. (2) Permitted uses. Uses specified with a "P" are permitted as of right in the district or districts where designated, provided that the use complies with all other applicable provisions of this Code. (3) Conditional uses. Uses specified with a "C" are allowed as a conditional use in the district or districts where designated, provided that the use complies with all other applicable provisions of this Code. Persons wishing to establish or amend a conditional use shall obtain a conditional use permit, as specified in Sec. 113-30, Conditional Uses. (4) Restricted uses. Uses specified with an “R” are permitted as of right in the district or districts where designated, provided they comply with additional standards detailed in the corresponding text of this Chapter. (5) Prohibited uses. Any use specified with an “X” or not listed in a particular district or any use not determined by the City Manager or their designee to be substantially similar to a use listed as permitted, conditional, or restricted shall be prohibited in that district. (6) District key. The notations in Table 87-3 represent the zoning districts listed below: I-A: Institutional - Assembly I-M: Institutional - Medical I-C: Institutional - Civic I-P: Institutional - Parks and Natural Areas Table 87-3 Institutional Land Uses Land Use Description I-A I-C I-M I-P Adult day care centers C X X X Cemeteries C X X X Child care centers C X X X City offices, County and State facilities, fire stations, and other lands incidental to governmental operations X P X X Congregate housing X X P X Convalescent homes, nursing homes, clinics, and other buildings incidental to the operation thereof X X P X Golf courses, country clubs, and other recreational facilities X X X P Hospitals and out-patient surgical facilities X X C X Libraries P X X X Mobile food vending R R R R Museums P X X X Parks and playgrounds X X X P Places of worship P X X X Post offices X P X X Private clubs P X X X Public and private schools P X X X Residential facilities X X C X Seasonal farm produce sales R R X X Senior and disability housing X X C X Essential services, Class I P P P P (d) Mixed Use Land Uses. (1) In general. Table 87-4, Mixed Use Land Uses, lists all permitted, conditional, restricted, and prohibited uses in the Mixed Use Zoning District. (2) Permitted uses. Uses specified with a "P" are permitted as of right in the district or districts where designated, provided that the use complies with all other applicable provisions of this Code. (3) Conditional uses. Uses specified with a "C" are allowed as a conditional use in the district or districts where designated, provided that the use complies with all other applicable provisions of this Code. Persons wishing to establish or amend a conditional use shall obtain a conditional use permit, as specified in Sec. 113-30, Conditional Uses. (4) Restricted uses. Uses specified with an “R” are permitted as of right in the district or districts where designated, provided they comply with additional standards detailed in the corresponding text of this Chapter. (5) Prohibited uses. Any use specified with an “X” or not listed in a particular district or any use not determined by the City Manager or their designee to be substantially similar to a use listed as permitted, conditional, or restricted shall be prohibited in that district. (6) District key. The notations in Table 87-4 represent the zoning districts listed below: MU-N: Neighborhood Mixed Use MU-C: Community Mixed Use MU-E: Employment Mixed Use Table 87-4 Mixed Use Land Uses Land Use Description MU-N MU-C MU-E Residential Units within a mixed use building P P X Multifamily dwellings (three or more units) P P X Senior and disability housing P P X Home occupations R R X Single-family dwellings X X X Manufactured home parks C C C Commercial Medical clinics P P P Hotels X P P Restaurants, brewpubs P P P General retail/service R R R Breweries P P P Taprooms C C C Micro-distilleries P P P Mobile food vending R R R Cocktail rooms C C C Parking R R R Child care C C C Drive-thru facilities C C C Gasoline sales and automotive repair X X X Self storage X X X Outdoor storage X X X Sale or repair of firearms X X X Firing range X X X Office Financial institutions without drive-thru facilities P P P Financial institutions with drive-thru facilities C C C Offices up to 5,000 gross square feet per floor P P P Offices more than 5,000 gross square feet per floor C C C Institutional Civic R R R Medical R R R Assembly R R R Light Industrial Light manufacturing, R&D, or collaborative work spaces that do not constitute a nuisance or health hazard to adjacent properties X X P Warehouses X X C Sec. 113-88. Single-Family Residential (R-1) Zoning District. (c) Principal Uses. The following principal uses shall be permitted in the R-1 Zoning District: Permitted, conditional, restricted, and prohibited uses in the R-1 Zoning District shall be as specified in Section 113-87 (a) and Table 87-1, Residential Land Uses. (1) Single-family dwellings, consistent with the City's Mixed-Income Housing Policy (2) Residential facilities serving six or fewer persons (3) Foster family homes; and (4) Essential services, Class I. (e) Conditional Uses. The following conditional uses may be allowed after review by the Planning Commission and approval by the City Council in accordance with the standards and procedures set forth in this chapter: (1) Residential facilities serving from seven to 25 persons; and (2) Group foster family homes. Sec. 113-89. Moderate Density Residential (R-2) Zoning District. (c) Principal Uses. The following principal uses shall be permitted in the R-2 Zoning District: Permitted, conditional, restricted, and prohibited uses in the R-2 Zoning District shall be as specified in Section 113-87 (a) and Table 87-1, Residential Land Uses. (1) Single-family dwellings, consistent with the City's Mixed-Income Housing Policy (2) Two-family dwellings, consistent with the City's Mixed-Income Housing Policy (3) Rowhouses with up to four attached units, consistent with the City's Mixed-Income Housing Policy (4) Foster family homes (5) Residential facilities serving six or fewer persons; and (6) Essential services, Class I. (e) Conditional Uses. The following conditional uses may be allowed after review by the Planning Commission and approval by the City Council in accordance with the standards and procedures set forth in this chapter: (1) Residential facilities serving from seven to 25 persons; and (2) Group foster family homes. Sec. 113-90. Medium Density Residential (R-3) Zoning District. (c) Principal Uses. The following principal uses shall be permitted in the R-3 Zoning District: Permitted, conditional, restricted, and prohibited uses in the R-3 Zoning District shall be as specified in Section 113-87 (a) and Table 87-1, Residential Land Uses. (1) Townhouses, consistent with the City's Mixed-Income Housing Policy (2) Two-family dwellings, consistent with the City's Mixed-Income Housing Policy (3) Multifamily dwellings of up to 12 units per acre, consistent with the City's Mixed- Income Housing Policy (4) Senior and disability housing up to 20 units per acre, consistent with the City's Mixed- Income Housing Policy (5) Foster family homes (6) Group foster family homes (7) Residential facilities serving up to 25 persons; and (8) Essential services, Class I. (e) Conditional Uses. The following conditional uses may be allowed after review by the Planning Commission and approval by the City Council in accordance with the standards and procedures set forth in this chapter: (1) Multifamily dwellings to a density of 17 units per acre, consistent with the City's Mixed-income Housing Policy (2) Senior and physical disability housing to a density of 25 units per acre, consistent with the City's Mixed-Income Housing Policy (3) Senior and physical disability housing up to five stories or 60 feet in height (4) Reserved. (5) Retail sales, Class I and II restaurants, and professional offices within principal structures containing at least 20 dwelling units when located upon any minor arterial or major collector street. Any such sales, restaurant, or office shall be located only on the ground floor and have direct access to the street. Sec. 113-91. High Density Residential (R-4) Zoning District. (c) Principal Uses. The following principal uses shall be permitted in the R-4 Zoning District: Permitted, conditional, restricted, and prohibited uses in the R-4 Zoning District shall be as specified in Section 113-87 (a) and Table 87-1, Residential Land Uses. (1) Multiple-family dwellings, consistent with the City's Mixed-Income Housing Policy (2) Senior and physical disability housing, consistent with the City's Mixed-Income Housing Policy (3) Foster family homes (4) Group foster family homes (5) Residential facilities serving up to 25 persons; and (6) Essential services, Class I and II. (e) Conditional Uses. The following conditional uses may be allowed after review by the Planning Commission and approval by the City Council in accordance with the standards and procedures set forth in this chapter: (1) Multifamily dwellings to a density of 100 units per acre, consistent with the City's Mixed-Income Housing Policy (2) Senior and disability housing to a density of 100 units per acre, consistent with the City's Mixed-Income Housing Policy (3) Principal structures in excess of five stories or 60 feet in height (4) Residential facilities serving more than 25 persons; and (5) Retail sales, Class I and II restaurants, and professional offices within principal structures containing 20 or more dwelling units when located upon any minor arterial or major collector street. Any such sales, restaurant, or office shall be located only on the ground floor and have direct access to the street. Sec. 113-92. Commercial Zoning District. (a) Purpose. The purpose of the Commercial Zoning District is to provide for the establishment of commercial and service activities which draw from and serve customers in the community and are located in areas which are well served by collector and arterial streets. The district and its regulations should encourage business activity and vitality in support of the City's Economic Competitiveness goals and policies. (c) Principal Uses. The following principal uses shall be permitted in the Commercial Zoning District: Permitted, conditional, restricted, and prohibited uses in the Commercial Zoning District shall be as specified in Section 113-87 (b) and Table 87-2, Economic and Business Land Uses. (1) Bakeries (2) Barbershops and/or beauty parlors (3) Catering establishments (4) Comfort stations (5) Delicatessens (6) Dressmaking and tailoring establishments, including retail sales of clothing (7) Clothing, shoes and/or accessories sales (retail) (8) Electric repair shops (9) Electronic equipment sales (10) Financial institutions (11) Floral shops (not to include nurseries) (12) Furniture sales and repair (13) Hardware, paint, and decorating stores (14) Hotels/motels (15) Lodge halls (16) Messenger and telegraph services (17) Offices, including medical and dental (18) Pharmacies (19) Photograph supplies and/or galleries (20) Plumbing shops (21) Post offices (22) Printing shops (23) Public garages (24) Recreation buildings and structures (public and private), including gymnasium, racquetball, etc. (25) Class I restaurants (26) Seasonal farm produce sales (27) Shoe repair shops (28) Skating rinks (ice or roller) privately owned and operated for profit (29) Shopping centers (general retail - convenience shopping) (30) Tanning parlors (31) Theaters (32) Trade school or training centers, both public and private (33) General retail services and/or sales that are consistent with the purpose of the Commercial Zoning District and not otherwise listed as a conditional use in Subsection (e) of this section (34) Adult-oriented services that require City licensing pursuant to other provisions of the City Code; and (35) Essential services, Class I. (e) Restricted Uses. The following restricted uses shall be permitted within the Commercial Zoning District: (1) Retail establishments that sell tobacco, as defined in City Code, Section 16-158, provided the following restrictions are observed: a. The retail establishment shall be located not less than 500 feet from all youth- oriented facilities, as measured at the lot line. b. In the case of a multi-use building, distances from the retail establishment shall be measured from the portion of the structure occupied by the retailer. (2) Animal hospitals, veterinary clinics, and/or pet grooming facilities: a. No animals or pens shall be kept outside the building or cause offensive odor or noise discernible at the property line of the lot on which the activity is conducted. b. The principal structure shall be located not less than 100 feet from any property zoned R-Medium Density Residential, High Density Residential, or Institutional. (f) Conditional Uses. The following conditional uses may be allowed after review by the Planning Commission and approval by the City Council in accordance with the standards and procedures set forth in this chapter: (1) Animal hospitals, veterinary clinics, and/or pet grooming facilities (2) Auto repair shops, including tire and auto accessory repair and installation (3) Car washes (4) Convenience food stores (5) Drive-through retail establishments, such as banks, cleaners, Class II restaurants, and similar uses (6) Mortuaries (7) Off-street parking for adjacent commercial or industrial uses (8) Outdoor sales, including car lots, auto, and equipment rentals (9) Outdoor storage and/or sales of horticultural nursery sites, temporary farmers market, and itinerant sales (10) Pool halls (11) Class III restaurants, bars, night clubs, etc. (12) Sales or show rooms (auto, machinery, boats, etc.) (13) Service stations (14) Unattended business operations, such as vending machines, coin- or token-operated machines and equipment, and similar uses (15) Heliports (16) Child care centers (17) Marine engine repair (18) Adult day care center (19) Essential services, Class III, except for peaking stations and substations (20) Brewpubs; and (21) Principal or conditional uses in buildings greater than three stories in height. (g) Prohibited Uses. The following uses shall be prohibited within the Commercial Zoning District: (1) Sale or repair of firearms; and (2) Firing ranges. Sec. 113-93. Light Industrial Zoning District. (c) Principal Uses. The following principal uses shall be permitted within the Light Industrial Zoning District: Permitted, conditional, restricted, and prohibited uses in the Light Industrial Zoning District shall be as specified in Section 113-87 (b) and Table 87-2, Economic and Business Land Uses. (1) Offices (2) Warehouses (3) Wholesale-retail distribution centers (4) Electronics manufacturing (5) Food packaging and processing; provided, however, that no processing shall involve any cooking, heating, smoking, soaking, or marinating procedures (6) Assembly and/or fabricating exclusive of sheet metal or steel fabricating, foundries, and similar uses except for the fabricating of sheet metal as it is used for the heating, ventilation, and air conditioning business (7) Other light manufacturing uses that would not constitute a nuisance or health hazard to surrounding or adjacent residential or commercial districts (8) Essential services, Class I and Class III (9) Temporary retail sales in accordance with this section (10) Sexually oriented businesses (11) Breweries (limited and associated retail use such as merchandise related to the brewery may be sold) (12) Taprooms that occupy up to 50 percent of the gross floor area of the brewery (limited and associated retail use such as merchandise related to the brewery may be sold in the taproom) (13) Micro-distilleries (limited and associated retail use such as merchandise related to the microdistillery may be sold); and (14) Cocktail rooms that occupy up to 50 percent of the gross floor area of the microdistillery (limited and associated retail use such as merchandise related to the microdistillery may be sold in the cocktail room). (e) Restricted Uses. The following restricted uses shall be permitted within the Light Industrial Zoning District: (1) Sale or repair of firearms, provided the following restrictions are observed: a. The facility shall be located not less than 750 feet from any property zoned Institutional or any property zoned Mixed Use that allows Institutional uses, as measured at the lot line. The facility shall be located not less than 750 feet from any property zoned Institutional in any city adjoining Golden Valley, as measured at the lot line. b. The facility shall be located not less than 375 feet from any property zoned Residential or any property zoned Mixed Use that allows Residential uses, as measured at the lot line. The facility shall be located not less than 750 feet from any property zoned Residential in any city adjoining Golden Valley, as measured at the lot line. c. The facility shall be located not less than 750 feet from any of the following conditional uses: i. Ball fields and other recreational facilities ii. Child care centers iii. Health, fitness, and/or exercise facilities, include dance studios, gymnastics training, weight lifting studios, aerobic exercise, and gymnasiums iv. Trade schools or training centers; and v. Adult day care centers; and vi. Places of worship. d. The facility shall be located not less than 1,000 feet from another firearm facility, as measured at the lot line. e. In the case of a multi-use building, distances from the firearm facility shall be measured from the portion of the structure occupied by the facility. f. All facilities shall meet applicable federal and state security standards including, but not limited to, Minn. Stats. § 624.7161 and Minnesota Rules Chapter 7504 as amended from time to time. g. No firearms or ammunition shall be displayed in windows. Windows must be of clear, transparent glass and be free of obstructions for at least three feet into the facility. h. In-vehicle sales or repair are prohibited and no firearm-related uses shall be allowed in a trailer or other nonpermanent building. (f) Conditional Uses. The following uses may be allowed as conditional uses after review by the Planning Commission and approval by the City Council in accordance with the standards and procedures set forth in this chapter: (1) Building materials yards (including inside and outside storage) (2) Public garages for repairing and storing motor vehicles (3) Laundries and dry-cleaning plants (4) Animal hospitals where domestic animals are received for treatment, care, and cure by a duly licensed veterinarian (5) Ball fields and other recreation facilities (6) Research and development laboratories and pilot plant operations incidental thereto (7) Greenhouses with no outside storage, including an outside growing area no larger than the greenhouse building area. Retail sales may be permitted only where located inside and incidental to a wholesale business (8) Packaging and/or bottling of soft drinks or dairy products (9) Bakeries (commercial-wholesale) (10) Child care centers, provided that said facilities serve only dependents of persons employed on the same premises as are otherwise permitted by this chapter (11) Health, fitness, and/or exercise facilities, including dance studios, gymnastics training, weight lifting studios, aerobic exercise, and gymnasiums (12) Heliports (13) Food packaging and processing that involves cooking, heating, smoking, soaking, or marinating procedures (14) Child care centers (15) Truck/van terminals (16) Medical clinics (17) Trade schools or training centers (18) Adult day care center (19) Drive-through bank facilities with frontage on a collector or minor arterial street (20) Accessory retail services and/or sales incidental to a permitted use, conducted in an area less than 10 percent of the building's gross floor area (21) Recycling drop-off facilities (22) Recycling facilities (23) Taprooms that occupy 50 percent or more of the gross floor area of the brewery (limited and associated retail use such as merchandise related to the brewery may be sold in the taproom) (24) Cocktail rooms that occupy 50 percent or more of the gross floor area of the microdistillery (limited and associated retail use such as merchandise related to the microdistillery may be sold in the cocktail room) (25) Principal or conditional uses in buildings taller than 45 feet in height; and (26) Surface lot storage of automobile sales inventory. (g) Prohibited Uses. The following uses shall be prohibited within the Light Industrial Zoning District: (1) Firing ranges. Sec. 113-94. Industrial Zoning District. (c) Principal Uses. The following principal uses shall be permitted in the Industrial Zoning District: Permitted, conditional, restricted, and prohibited uses in the Industrial Zoning District shall be as specified in Section 113-87 (b) and Table 87-2, Economic and Business Land Uses. (1) All permitted uses in the Light Industrial Zoning District (2) Lumber yards, including outside storage (3) Building material yards, including outside storage (4) Automobile accessory services, including battery and tire repair and replacement services (5) Blacksmith, repair, machine, or tin shops (6) Animal kennels where animals are customarily kept, boarded, cared for, trained, fed, or bought and sold, as a business (7) General manufacturing uses, including the compounding, assembly, or treatment of articles or materials (8) Hotels and motels (9) Class I restaurants (10) Metal fabrication and assembly (11) Temporary retail sales in accordance with this section (12) Sexually oriented businesses (13) Recycling drop-off facilities; and (14) Distilleries. (e) Restricted Uses. The following restricted uses shall be permitted within the Industrial Zoning District: (1) All restricted uses as provided for in the Light Industrial Zoning District. (1) Sale or repair of firearms, provided the following restrictions are observed: a. The facility shall be located not less than 750 feet from any property zoned Institutional or any property zoned Mixed Use that allows Institutional uses, as measured at the lot line. The facility shall be located not less than 750 feet from any property zoned Institutional in any city adjoining Golden Valley, as measured at the lot line. b. The facility shall be located not less than 375 feet from any property zoned Residential or any property zoned Mixed Use that allows Residential uses, as measured at the lot line. The facility shall be located not less than 750 feet from any property zoned Residential in any city adjoining Golden Valley, as measured at the lot line. c. The facility shall be located not less than 750 feet from any of the following uses: i. Ball fields and other recreational facilities ii. Child care centers iii. Health, fitness, and/or exercise facilities, include dance studios, gymnastics training, weight lifting studios, aerobic exercise, and gymnasiums iv. Trade schools or training centers v. Adult day care centers; and vi. Places of worship. d. The facility shall be located not less than 1,000 feet from another firearm facility, as measured at the lot line. e. In the case of a multi-use building, distances from the firearm facility shall be measured from the portion of the structure occupied by the facility. f. All facilities shall meet applicable federal and state security standards including, but not limited to, Minn. Stats. § 624.7161 and Minnesota Rules Chapter 7504 as amended from time to time. g. No firearms or ammunition shall be displayed in windows. Windows must be of clear, transparent glass and be free of obstructions for at least three feet into the facility. h. In-vehicle sales or repair are prohibited and no firearm-related uses shall be allowed in a trailer or other nonpermanent building. (f) Conditional Uses. The following conditional uses may be allowed after review by the Planning Commission and approval by the City Council in accordance with the standards and procedures set forth in this chapter: (1) All conditional uses as provided for in the Light Industrial Zoning District (2) Car washes (3) Structures and premises for automobile or other motor vehicle sales and showrooms, with incidental accessory service and repair facilities (4) Service stations (5) Bulk storage of gas, fuel oil, chemicals, and other liquid or solid materials which may be considered hazardous or toxic (6) Mortuaries (7) Off-street parking lots for adjacent commercial, light industrial, or industrial uses (8) Outdoor sales including motor vehicle and equipment rental (9) Drive-through retail establishments, such as banks, cleaners, Class II restaurants, and similar uses (10) Unattended business operations, such as vending machines and equipment (11) Temporary structures such as tents or air-supported structures (12) Railroad yards, railroad tracks, and rights-of-way in such yards, railroad shops, round houses, and any other use which shall be for railroads (13) Automobile repair shops, auto body repair and/or painting, and auto cleaning and reconditioning (14) Heliports (15) Child care centers (16) Trade schools or training centers (17) Adult day care centers; and (18) Principal or conditional uses in buildings taller than 45 feet in height. (g) Prohibited Uses. The following uses shall be prohibited within the Industrial Zoning District: (1) Firing ranges. Sec. 113-95. Office Zoning District. (a) Purpose. The purpose of the Office Zoning District is to provide areas for the offices, clinics, day care centers, financial institutions, and other compatible uses that serve local and regional needs. The District fosters employment opportunities and encourages transitions between land uses. The District is not intended to serve as an area for the sale of or handling of goods, wares, merchandise, or commodities. (b) District Established. Lots shall be established within the Office Zoning District in the manner provided for in Section 113-29. The district established and/or any subsequent changes to such district shall be reflected in the Official Zoning Map of the City as provided in Section 113-56. (c) Principal Uses. The following principal uses shall be permitted in the Office Zoning District: Permitted, conditional, restricted, and prohibited uses in the Office Zoning District shall be as specified in Section 113-87 (b) and Table 87-2, Economic and Business Land Uses. (1) Offices; (2) Clinics - medical, dental; or optical, (3) Financial institutions; and, (4) Essential services, Class I. (d) Accessory Uses. The following accessory uses shall be permitted in the Office Zoning District: (1) Essential services, Class I. (e) Conditional Uses. The following conditional uses may be allowed after review by the Planning Commission and approval by the City Council in accordance with the standards and procedures set forth in this chapter: (1) Adult day care centers (2) Child care centers (3) Daytime activity centers or other facilities providing school and/or training for disabled people (4) Drive-through facilities for Financial institutions. (5) Heliports accessory to an office. (6) Limited retail services accessory to an office and within an office building. (7) Recreational facilities accessory to an office; and (8) Laboratories - medical, dental, or research and development. Sec. 113-96. Institutional Zoning District. (a) Purpose. The purpose of the Institutional Zoning District is to establish areas where both public and private institutional uses such as schools, places of worship, hospitals, parks, golf courses, nursing homes, and public buildings may be located. (c) Subdistrict Descriptions. The subdistricts of the Institutional Zoning District shall be as follows: Assembly Subdistrict (I-A)—This subdistrict includes educational facilities at all levels, cemeteries, places of worship for all denominations, and miscellaneous religious installations. Civic Subdistrict (I-C)—This subdistrict includes administrative or service facilities (except those otherwise classified) at all levels of government. Medical Subdistrict (I-M)—This subdistrict includes hospitals, surgical centers, nursing homes, and rehabilitation facilities. Parks and Natural Areas Subdistrict (I-P)—This subdistrict includes open spaces used as golf courses, ball fields, playgrounds, parks, nature areas, stormwater ponding areas, and other undeveloped remnants. (d) Principal Uses. Permitted, conditional, restricted, and prohibited uses in the Institutional Zoning District shall be as specified in Section 113-87 (c) and Table 87-3, Institutional Land Uses. (1) The following principal uses shall be permitted in the I-1 Institutional Zoning Sub- District: a. Places of worship b. Schools, public and parochial, excepting colleges, seminaries, and other institutes of higher education c. Essential services, Class I; and d. Seasonal farm produce sales. (2) The following principal uses shall be permitted in the I-2 Institutional Zoning Sub- District: a. Public and private libraries b. Museums c. Colleges, seminaries, and other institutes of higher education; and d. Essential services, Class I. (3) The following principal uses shall be permitted in the I-3 Institutional Zoning Sub- District: a. Convalescent homes, nursing homes, clinics, and other buildings incidental to the operation thereof b. Essential services, Class I. (4) The following principal uses shall be permitted in the I-4 Institutional Zoning Sub- District: a. Golf courses, country clubs, and polo fields, excepting those carried on as a business such as miniature golf courses b. Parks, playgrounds, City offices, fire stations, and other lands incidental to the operation of the City; and c. Essential services, Class I. (5) The following principal uses shall be permitted in the I-5 Institutional Zoning Sub- District: a. Cemeteries; and b. Essential services, Class I. (e) Conditional Uses. (1) The following conditional uses may be allowed in the I-1 Institutional Zoning Sub- District after review by the Planning Commission and approval by the City Council in accordance with the standards and procedures set forth in this chapter: a. Adult day care centers b. Child care centers; and c. Heliports. (2) The following conditional uses may be allowed in the I-2 Institutional Zoning Sub- District after review by the Planning Commission and approval by the City Council in accordance with the standards and procedures set forth in this chapter: a. Adult day care centers; and b. Child care centers. (3) The following conditional uses may be allowed in the I-3 Institutional Zoning Sub- District after review by the Planning Commission and approval by the City Council in accordance with the standards and procedures set forth in this chapter: a. Adult day care centers b. Child care centers c. Congregate housing d. Heliports e. Hospitals and outpatient surgical facilities f. Lodge halls and private clubs g. Residential facilities; and h. Senior and disability housing. (4) The following conditional uses may be allowed in the I-4 Institutional Zoning Sub- District after review by the Planning Commission and approval by the City Council in accordance with the standards and procedures set forth in this chapter: a. Adult day care centers b. Child care centers; and c. Heliports. (5) Such other uses which, in the opinion of the City Council, are reasonably compatible with the uses specifically described above, may be permitted as a conditional use in Institutional Zoning Sub-Districts I-1 through I-4. Sec. 113-97. Mixed Use Zoning District. (f) Subdistrict Standards. (1) Neighborhood Mixed Use (MU-N) Subdistrict. f. Principal Uses. Permitted, conditional, restricted, and prohibited uses in the Mixed Use Zoning District shall be as specified in Section 113-87 (d) and Table 87-4, Mixed Use Land Uses. g. Restricted Uses. The following restricted uses shall be permitted within the Neighborhood Mixed Use Zoning District: i. Home occupations, provided they comply with the ?? of Subsection (e)(2) above. ii. General retail/services shall be limited to a maximum of 20,000 square feet of gross floor area. iii. Parking as an accessory to a principal use. iv. Institutional assembly, civic, and medical uses shall be limited to a maximum of 50 surface parking spaces. Restrictions RESIDENTIAL Units within a mixed use building P Multifamily dwellings (three or more units) P Senior and disability housing P Home occupations R See Subsection (e)(2) above Single-family dwellings N COMMERCIAL Medical clinics P Restaurants, brewpubs P General retail/service R 20,000 square feet maximum gross floor area Breweries P Taprooms C Micro-distilleries P Cocktail rooms C Parking R Only as accessory to principal use Child care C Drive-thru facilities C Must follow the requirements of Subsection (g)(3) below Gasoline sales and automotive repair N Self-storage N Outdoor storage N Sale or repair of firearms N Firing range N OFFICE Financial institutions without drive-thru facilities P Financial institutions with drive-thru facilities C Offices up to 5,000 gross square feet per floor P Offices more than 5,000 gross square feet per floor C INSTITUTIONAL Civic R 50 surface lot parking spaces maximum Medical R 50 surface lot parking spaces maximum Assembly R 50 surface lot parking spaces maximum (2) Community Mixed Use (MU-C) Subdistrict. f. Principal Uses. Permitted, conditional, restricted, and prohibited uses in the Mixed Use Zoning District shall be as specified in Section 113-87 (d) and Table 87-4, Mixed Use Land Uses. g. Restricted Uses. The following restricted uses shall be permitted within the Neighborhood Mixed Use Zoning District: i. Home occupations, provided they comply with the requirements of Subsection (e)(2) above. ii. General retail/services shall be limited to a maximum of 30,000 square feet of gross floor area. iii. Parking as an accessory to a principal use. iv. Drive-thru facilities, provide they comply with the requirements of Subsection (g)(3) below v. Institutional assembly, civic, and medical uses shall be limited to a maximum of 50 surface parking spaces. Restrictions RESIDENTIAL Units within a mixed use building P Multifamily dwellings (three or more units) P Senior and disability housing P Home occupations R See Subsection (e)(2) above Single-family dwellings N COMMERCIAL Medical clinics P Hotels P Restaurants, brewpubs P General retail/service R 30,000 square feet maximum gross floor area Breweries P Taprooms C Micro-distilleries P Cocktail rooms C Parking R Only as accessory to principal use Child care C Drive-thru facilities C Must follow the requirements of Subsection (g)(3) below Gasoline sales and automotive repair N Self-storage N Outdoor storage N Sale or repair of firearms N Firing range N OFFICE Financial institutions without drive-thru facilities P Financial institutions with drive-thru facilities C Offices up to 7,000 gross square feet per floor P Offices more than 7,000 gross square feet per floor C INSTITUTIONAL Civic R 50 surface lot parking spaces maximum Medical R 50 surface lot parking spaces maximum Assembly R 50 surface lot parking spaces maximum (3) Employment Mixed Use (MU-E) Subdistrict. f. Principal Uses. Permitted, conditional, restricted, and prohibited uses in the Mixed Use Zoning District shall be as specified in Section 113-87 (d) and Table 87-4, Mixed Use Land Uses. g. Restricted Uses. The following restricted uses shall be permitted within the Neighborhood Mixed Use Zoning District: i. General retail/services shall be limited to a maximum of 30,000 square feet of gross floor area. ii. Parking as an accessory to a principal use. iii. Drive-thru facilities, provide they comply with the requirements of Subsection (g)(3) below iv. Institutional assembly, civic, and medical uses shall be limited to a maximum of 50 surface parking spaces. Restrictions COMMERCIAL Medical clinics P Hotels P Restaurants, brewpubs P General retail/service R 30,000 square feet maximum gross floor area Breweries P Taprooms C Micro-distilleries P Cocktail rooms C Parking R Only as accessory to principal use Child care C Drive-thru facilities C Must follow the requirements of Subsection (g)(3) below Gasoline sales and automotive repair N Self-storage N Outdoor storage N Sale or repair of firearms N Firing range N OFFICE Financial institutions without drive-thru facilities P Financial institutions with drive-thru facilities C Offices up to 10,000 gross square feet per floor P Offices more than 10,000 gross square feet per floor C INSTITUTIONAL Civic R 50 surface lot parking spaces maximum Medical R 50 surface lot parking spaces maximum Assembly R 50 surface lot parking spaces maximum LIGHT INDUSTRIAL Light manufacturing, R&D, or collaborative work spaces that do not constitute a nuisance or health hazard to adjacent properties P Warehouses C Sec. 113-158. Manufactured Home Parks. (a) The purpose of these regulations is to create general standards for the layout and placement of individual manufactured homes and other structures within a manufactured home park, to ensure the health, safety, and general welfare of its residents, and to minimize impacts to adjacent properties. (b) General Regulations. (1) Park Size. The minimum area required for a manufactured home park designation shall be 10 acres. (2) Emergency Storm Protections. Manufactured home parks shall have storm shelters in compliance with State statutes. Any manufactured home park shall submit emergency storm protection measures for review and approval of the City Manager or their designee. (3) Setbacks. a. No manufactured home shall be located closer than 15 feet to a side or rear lot line. The minimum front yard setback shall be 25 feet from the front lot line. On corner lots, the secondary front yard setback shall be at least 15 feet from the lot line. b. There shall be a space of at least 15 feet between the sides of adjacent manufactured homes and at least 10 feet between manufactured homes when parked end to end. (4) Permitted Encroachments. a. Stairs and stair landings up to 25 square feet in size and accessible ramps may encroach up to five feet into the interior setback, provided that they do not extend closer than 10 feet to an adjacent structure. b. Cornices and eaves may extend outside the building envelope by no more than 30 inches. (5) Foundation. The area beneath a manufactured home shall be enclosed except that such enclosure must have access for inspection. (6) Building Height Requirements. No structure shall exceed one story or 15 feet above grade, whichever is less. (7) Parking. a. Each manufactured home site shall have off-street parking spaces for two vehicles. b. All parking spaces shall be paved. (8) Accessory Buildings. a. Accessory structures shall be limited to one per manufactured home. No accessory structure may be larger than 400 square feet in area. b. No accessory structure shall be erected with a height in excess of one story, which is 10 feet from the floor to the top horizontal component of a frame building to which the rafters are fastened (known as the "top plate"). For the purposes of this regulation, the height of a shed roof shall be measured to the top plate. c. The manufactured home park site plan shall designate the locations proposed for garages and/or accessory structures for each manufactured home. These shall comply with the following setback requirements: 1. Accessory buildings shall not be located within a front yard setback. 2. Accessory buildings shall not be located closer than five feet from a side or rear property line. 3. Accessory buildings shall not be located within any utility easements. 4. All accessory buildings shall be owned, constructed, and maintained by the manufactured home park owner. All accessory structures shall be established as part of an approved site plan. (9) Recreation. All manufactured home parks shall have at least 10 percent of the land area developed for recreational use by its residents. The recreational use shall be developed and maintained at the expense of the owner/operator. ORDINANCE NO. 728 AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 113: Zoning in order to Establish the Allowed Uses by Zoning District in a Summary Table Format for Ease of Use The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 113-1, Article I, is amended to include the following Subdivisions: Cosmetology Services: Any facility providing retail goods or services related to personal care and beauty products. This includes but is not limited to barbershops, hair and nail salons, estheticians, and tanning facilities. Indoor Entertainment and Amusement: An establishment primarily engaged in activities intended to provide personal entertainment or amusement and where food and refreshments may be provided as an incidental service, including such uses as bowling alleys, video and virtual reality arcades, escape rooms, and indoor theaters (live or motion picture). Manufactured Home Park: A site, lot, field, or tract of land upon which two or more manufactured homes are located, including any building, structure, vehicle, or enclosure used or intended for use as part of the equipment of the manufactured home park. Place of Worship: A building or portion thereof, together with its accessory buildings and uses, of which the principal use is the regular assembly of a group of individuals for religious worship, ceremonies, or events. Section 2. City Code Section 113-87, Article III, Division 2, Subdivision is added to the code to read as follows: Sec. 113-87. Summary Use Tables. (a) Residential Land Uses. (1) In general. Table 87-1, Residential Land Uses, lists all permitted, conditional, restricted, and prohibited uses in the Residential Zoning Districts. (2) Permitted uses. Uses specified with a "P" are permitted as of right in the district or districts where designated, provided that the use complies with all other applicable provisions of this Code. (3) Conditional uses. Uses specified with a "C" are allowed as a conditional use in the district or districts where designated, provided that the use complies with all other applicable provisions of this Code. Persons wishing to establish or amend a conditional use shall obtain a conditional use permit, as specified in Sec. 113-30, Conditional Uses. (4) Restricted uses. Uses specified with an “R” are permitted as of right in the district or districts where designated, provided they comply with additional standards detailed in the corresponding text of this Chapter. (5) Prohibited uses. Any use specified with an “X” or not listed in a particular district or any use not determined by the City Manager or their designee to be substantially similar to a use listed as permitted, conditional, or restricted shall be prohibited in that district. (6) District key. The notations in Table 87-1 represent the zoning districts listed below: R-1: Single-Family Residential Ordinance No. 728 -2- December 21, 2021 R-2: Moderate Density Residential R-3: Medium Density Residential R-4: High Density Residential Table 87-1 Residential Land Uses Land Use Description R-1 R-2 R-3 R-4 Low to Moderate Density Housing Single-family dwellings P P X X Two-family dwellings X P P X Rowhouses with up to four attached units X P X X Townhouses X X P X Multifamily Housing Multifamily dwellings of up to 12 units per acre X X P P Multifamily dwellings to a density of 17 units per acre X X C P Multifamily dwellings to a density of 50 units per acre X X X P Multifamily dwellings to a density of 100 units per acre X X X C Senior and disability housing to a density of 20 units per acre X X P P Senior and disability housing to a density of 25 units per acre X X C P Senior and disability housing to a density of 70 units per acre X X X P Senior and disability housing to a density of 100 units per acre X X X C Multifamily Conditional Allowances Senior and disability housing up to five stories or 60 feet in height X X C C Principal structures in excess of five stories or 60 feet in height X X X C Retail sales, Class I and II restaurants, and professional offices* X X C C Manufactured home parks X C C C *These uses must be within principal structures containing at least 20 dwelling units when located upon any minor arterial or major collector street. Any such sales, restaurant, or office shall be located only on the ground floor and have direct access to the street. Residential Facilities, Foster Homes, and Essential Services Residential facilities serving six or fewer persons P P P P Residential facilities serving up to 25 persons C C P P Foster family homes P P P P Group foster family homes C C P P Essential services, Class I P P P P Mobile food vending R R R R (b) Economic and Business Land Uses. (1) In general. Table 87-2, Economic and Business Land Uses, lists all permitted, conditional, restricted, and prohibited uses in the Commercial, Light Industrial, Industrial, and Office Zoning Districts. (2) Permitted uses. Uses specified with a "P" are permitted as of right in the district or districts where designated, provided that the use complies with all other applicable provisions of this Code. (3) Conditional uses. Uses specified with a "C" are allowed as a conditional use in the district or districts where designated, provided that the use complies with all other applicable provisions Ordinance No. 728 -3- December 21, 2021 of this Code. Persons wishing to establish or amend a conditional use shall obtain a conditional use permit, as specified in Sec. 113-30, Conditional Uses. (4) Restricted uses. Uses specified with an “R” are permitted as of right in the district or districts where designated, provided they comply with additional standards detailed in the corresponding text of this Chapter. (5) Prohibited uses. Any use specified with an “X” or not listed in a particular district or any use not determined by the City Manager or their designee to be substantially similar to a use listed as permitted, conditional, or restricted shall be prohibited in that district. (6) District key. The notations in Table 87-2 represent the zoning districts listed below: C: Commercial LI: Light Industrial I: Industrial O: Office Table 87-2 Economic and Business Land Uses Land Use Description C LI I O General retail services and/or sales that are consistent with the purpose of the Commercial Zoning District and not otherwise listed P X X X Food, Entertainment, and Retail Adult-oriented services that require City licensing P P P X Breweries X P P X Brewpubs C X X X Catering establishments P X X X Class I restaurants P X X X Class II restaurants C X X X Class III restaurants C X X X Cocktail rooms that occupy up to 50 percent of the gross floor area of the microdistillery X P P X Cocktail rooms that occupy 50 percent or more of the gross floor area of the microdistillery X C C X Distilleries X X P X Drive-through retail establishments C X X X Hotels/motels P X X X Indoor entertainment and amusement P C X X Lodge halls and private clubs P X X X Micro-distilleries (limited and associated retail use such as merchandise related to the microdistillery may be sold) X P P X Mobile food vending R R R R Recreational uses (public and private), including gyms, skating rinks, etc. P C X X Retail establishments that sell tobacco R X X X Sale or repair of firearms X R R X Seasonal farm produce sales R X X X Taprooms that occupy up to 50 percent of the gross floor area of the brewery X P P X Ordinance No. 728 -4- December 21, 2021 Taprooms that occupy 50 percent or more of the gross floor area of the brewery X C C X Temporary retail sales R R R X Care Services Adult day care center C C C C Animal hospitals, veterinary clinics, and/or pet grooming facilities R C C X Animal kennels X X P X Child care centers C C C C Clinics (medical and dental) X C C P Cosmetology services P X X X Daytime activity centers or other facilities providing school and/or training for disabled people X X X C Mortuaries C X C X Trade schools or training centers C C C X Offices and Financial Institutions Consumer small loan lender R X X X Currency exchange R X X X Financial institutions, with drive-through facilities C C C C Financial institutions, without drive-through facilities P X X P Laboratories (medical, dental, or research and development) X C C C Medical and dental offices P X X P Offices, excluding medical and dental P P P P Automotive Automobile repair shops, auto body repair and/or painting, and auto cleaning and reconditioning X X C X Automobile repair shops, including tire, battery, and auto accessory repair and installation C X P X Building materials yards, including inside and outside storage X C P X Bulk storage of gas, fuel oil, chemicals, and other liquid or solid materials which may be considered hazardous or toxic X X C X Car washes C X C X Sales or show rooms (auto, machinery, boats, etc.) C X C X Service stations C X C X Surface lot storage of automobile sales inventory X C C X Manufacturing Assembly and/or fabricating, foundries, and similar uses X P P X Bakeries (commercial/wholesale) X C C X Blacksmith, repair, machine, or tin shops X X P X Electronics manufacturing X P P X Food packaging and processing that does not involve cooking, heating, smoking, soaking, or marinating procedures X P P X Food packaging and processing that involves cooking, heating, smoking, soaking, or marinating procedures X C C X Ordinance No. 728 -5- December 21, 2021 General manufacturing uses, including the compounding, assembly, or treatment of articles or materials X X P X Metal fabrication and assembly X X P X Other light manufacturing uses that would not constitute a nuisance or health hazard to surrounding or adjacent residential or commercial districts X P P X Packaging and/or bottling of soft drinks or dairy products X C C X Warehousing and Wholesale Greenhouses X P P X Outdoor sales, including car lots, nurseries, and equipment rentals C X C X Recycling drop-off facilities X C P X Recycling facilities X C C X Laundries and dry-cleaning plants X C C X Lumber yards, including outside storage X X P X Warehouses X P P X Wholesale-retail distribution centers X P P X Transportation and Parking Heliports X C C X Off-street parking for adjacent commercial or industrial uses C X C X Public garages P C C X Railroad infrastructure outside of railroad right-of-way X X C X Truck/van terminals X C C X Other Allowances Accessory retail services and/or sales incidental to a permitted use, conducted in an area less than 10 percent of the building's gross floor area X C C X Buildings greater than three stories in height C X X C Buildings greater than four stories in height X C C X Essential services, Class I P P P P Essential services, Class III, except for peaking stations and substations C P P X Firing ranges X X X X Places of worship X C X X Temporary structures such as tents or air-supported structures X X C X (c) Institutional Land Uses. (1) In general. Table 87-3, Institutional Land Uses, lists all permitted, conditional, restricted, and prohibited uses in the Institutional Zoning District. (2) Permitted uses. Uses specified with a "P" are permitted as of right in the district or districts where designated, provided that the use complies with all other applicable provisions of this Code. (3) Conditional uses. Uses specified with a "C" are allowed as a conditional use in the district or districts where designated, provided that the use complies with all other applicable provisions of this Code. Persons wishing to establish or amend a conditional use shall obtain a conditional use permit, as specified in Sec. 113-30, Conditional Uses. Ordinance No. 728 -6- December 21, 2021 (4) Restricted uses. Uses specified with an “R” are permitted as of right in the district or districts where designated, provided they comply with additional standards detailed in the corresponding text of this Chapter. (5) Prohibited uses. Any use specified with an “X” or not listed in a particular district or any use not determined by the City Manager or their designee to be substantially similar to a use listed as permitted, conditional, or restricted shall be prohibited in that district. (6) District key. The notations in Table 87-3 represent the zoning districts listed below: I-A: Institutional - Assembly I-M: Institutional - Medical I-C: Institutional - Civic I-P: Institutional - Parks and Natural Areas Table 87-3 Institutional Land Uses Land Use Description I-A I-M I-C I-P Adult day care centers C X X X Cemeteries C X X X Child care centers C X X X City offices, County and State facilities, fire stations, and other lands incidental to governmental operations X X P X Congregate housing X P X X Convalescent homes, nursing homes, clinics, and other buildings incidental to the operation thereof X P X X Golf courses, country clubs, and other recreational facilities X X X P Hospitals and out-patient surgical facilities X C X X Libraries P X X X Mobile food vending R R R R Museums P X X X Parks and playgrounds X X X P Places of worship P X X X Post offices X X P X Private clubs P X X X Public and private schools P X X X Residential facilities X C X X Seasonal farm produce sales R X R X Senior and disability housing X C X X Essential services, Class I P P P P (d) Mixed Use Land Uses. (1) In general. Table 87-4, Mixed Use Land Uses, lists all permitted, conditional, restricted, and prohibited uses in the Mixed Use Zoning District. (2) Permitted uses. Uses specified with a "P" are permitted as of right in the district or districts where designated, provided that the use complies with all other applicable provisions of this Code. (3) Conditional uses. Uses specified with a "C" are allowed as a conditional use in the district or districts where designated, provided that the use complies with all other applicable provisions of this Code. Persons wishing to establish or amend a conditional use shall obtain a conditional use permit, as specified in Sec. 113-30, Conditional Uses. Ordinance No. 728 -7- December 21, 2021 (4) Restricted uses. Uses specified with an “R” are permitted as of right in the district or districts where designated, provided they comply with additional standards detailed in the corresponding text of this Chapter. (5) Prohibited uses. Any use specified with an “X” or not listed in a particular district or any use not determined by the City Manager or their designee to be substantially similar to a use listed as permitted, conditional, or restricted shall be prohibited in that district. (6) District key. The notations in Table 87-4 represent the zoning districts listed below: MU-N: Neighborhood Mixed Use MU-C: Community Mixed Use MU-E: Employment Mixed Use Table 87-4 Mixed Use Land Uses Land Use Description MU-N MU-C MU-E Residential Units within a mixed use building P P X Multifamily dwellings (three or more units) P P X Senior and disability housing P P X Home occupations R R X Single-family dwellings X X X Manufactured home parks C C C Commercial Medical clinics P P P Hotels X P P Restaurants, brewpubs P P P General retail/service R R R Breweries P P P Taprooms C C C Micro-distilleries P P P Mobile food vending R R R Cocktail rooms C C C Parking R R R Child care C C C Drive-thru facilities C C C Gasoline sales and automotive repair X X X Self storage X X X Outdoor storage X X X Sale or repair of firearms X X X Firing range X X X Office Financial institutions without drive-thru facilities P P P Financial institutions with drive-thru facilities C C C Offices up to 5,000 gross square feet per floor P P P Offices more than 5,000 gross square feet per floor C C C Institutional Civic R R R Ordinance No. 728 -8- December 21, 2021 Medical R R R Assembly R R R Light Industrial Light manufacturing, R&D, or collaborative work spaces that do not constitute a nuisance or health hazard to adjacent properties X X P Warehouses X X C Section 3. City Code Section 113-88, Article III, Division 2, Subdivision (c) is amended to read as follows: (c) Principal Uses. Permitted, conditional, restricted, and prohibited uses in the R-1 Zoning District shall be as specified in Section 113-87 (a) and Table 87-1, Residential Land Uses. Section 4. City Code Section 13-88, Article III, Division 2, Subdivision (e) “Conditional Uses” is removed in its entirety, and all subsequent sections are retitled accordingly. Section 5. City Code Section 113-89, Article III, Division 2, Subdivision (c) is amended to read as follows: (c) Principal Uses. Permitted, conditional, restricted, and prohibited uses in the R-2 Zoning District shall be as specified in Section 113-87 (a) and Table 87-1, Residential Land Uses. Section 6. City Code Section 13-89, Article III, Division 2, Subdivision (e) “Conditional Uses” is removed in its entirety, and all subsequent sections are retitled accordingly. Section 7. City Code Section 113-90, Article III, Division 2, Subdivision (c) is amended to read as follows: (c) Principal Uses. Permitted, conditional, restricted, and prohibited uses in the R-3 Zoning District shall be as specified in Section 113-87 (a) and Table 87-1, Residential Land Uses. Section 8. City Code Section 113-90, Article III, Division 2, Subdivision (e) “Conditional Uses” is removed in its entirety, and all subsequent sections are retitled accordingly. Section 9. City Code Section 113-91, Article III, Division 2, Subdivision (c) is amended to read as follows: (c) Principal Uses. Permitted, conditional, restricted, and prohibited uses in the R-4 Zoning District shall be as specified in Section 113-87 (a) and Table 87-1, Residential Land Uses. Section 10. City Code Section 113-91, Article III, Division 2, Subdivision (e) “conditional Uses” is removed in its entirety, and all subsequent sections are retitled accordingly. Ordinance No. 728 -9- December 21, 2021 Section 11. City Code Section 113-92, Article III, Division 2, Subdivision (a) is amended to read as follows: (a) Purpose. The purpose of the Commercial Zoning District is to provide for the establishment of commercial and service activities which draw from and serve customers in the community and are located in areas which are well served by collector and arterial streets. The district and its regulations should encourage business activity and vitality in support of the City's Economic Competitiveness goals and policies. Section 12. City Code Section 113-92, Article III, Division 2, Subdivision (c) is amended to read as follows: (c) Principal Uses. Permitted, conditional, restricted, and prohibited uses in the Commercial Zoning District shall be as specified in Section 113-87 (b) and Table 87-2, Economic and Business Land Uses. Section 13. City Code Section 113-92, Article III, Division 2, Subdivision (e) is amended to include the following: (e) Restricted Uses. The following restricted uses shall be permitted within the Commercial Zoning District: …. (2) Animal hospitals, veterinary clinics, and/or pet grooming facilities: a. No animals or pens shall be kept outside the building or cause offensive odor or noise discernible at the property line of the lot on which the activity is conducted. b. The principal structure shall be located not less than 100 feet from any property zoned R-Medium Density Residential, High Density Residential, or Institutional. Section 14. City Code Section 113-92, Article III, Division 2, Subdivision (f) “Conditional Uses” is removed in its entirety. Section 15. City Code Section 113-92, Article III, Division 2, Subdivision (g) “Prohibited Uses” is removed in its entirety, and all subsequent sections are retitled accordingly. Section 16. City Code Section 113-93, Article III, Division 2, Subdivision (c) is amended to read as follows: (c) Principal Uses. Permitted, conditional, restricted, and prohibited uses in the Light Industrial Zoning District shall be as specified in Section 113-87 (b) and Table 87-2, Economic and Business Land Uses. Section 17. City Code Section 113-93, Article III, Division 2, Subdivision (e) is amended to read as follows: Ordinance No. 728 -10- December 21, 2021 (e) Restricted Uses. The following restricted uses shall be permitted within the Commercial Zoning District: (1) Sale or repair of firearms, provided the following restrictions are observed: a. The facility shall be located not less than 750 feet from any property zoned Institutional or any property zoned Mixed Use that allows Institutional uses, as measured at the lot line. The facility shall be located not less than 750 feet from any property zoned Institutional in any city adjoining Golden Valley, as measured at the lot line. b. The facility shall be located not less than 375 feet from any property zoned Residential or any property zoned Mixed Use that allows Residential uses, as measured at the lot line. The facility shall be located not less than 750 feet from any property zoned Residential in any city adjoining Golden Valley, as measured at the lot line. c. The facility shall be located not less than 750 feet from any of the following conditional uses: i. Ball fields and other recreational facilities ii. Child care centers iii. Health, fitness, and/or exercise facilities, include dance studios, gymnastics training, weight lifting studios, aerobic exercise, and gymnasiums iv. Trade schools or training centers; v. Adult day care centers; and vi. Places of worship. d. The facility shall be located not less than 1,000 feet from another firearm facility, as measured at the lot line. e. In the case of a multi-use building, distances from the firearm facility shall be measured from the portion of the structure occupied by the facility. f. All facilities shall meet applicable federal and state security standards including, but not limited to, Minn. Stats. § 624.7161 and Minnesota Rules Chapter 7504 as amended from time to time. g. No firearms or ammunition shall be displayed in windows. Windows must be of clear, transparent glass and be free of obstructions for at least three feet into the facility. h. In-vehicle sales or repair are prohibited and no firearm-related uses shall be allowed in a trailer or other nonpermanent building. Section 18. City Code Section 113-93, Article III, Division 2, Subdivision (f) “Conditional Uses” is removed in its entirety. Section 19. City Code Section 113-93, Article III, Division 2, Subdivision (g) “Prohibited Uses” is removed in its entirety, and all subsequent sections are retitled accordingly. Ordinance No. 728 -11- December 21, 2021 Section 20. City Code Section 113-94, Article III, Division 2, Subdivision (c) is amended to read as follows: (c) Principal Uses. Permitted, conditional, restricted, and prohibited uses in the Industrial Zoning District shall be as specified in Section 113-87 (b) and Table 87-2, Economic and Business Land Uses. Section 17. City Code Section 113-94, Article III, Division 2, Subdivision (e) is amended to read as follows: (e) Restricted Uses. The following restricted uses shall be permitted within the Commercial Zoning District: (1) Sale or repair of firearms, provided the following restrictions are observed: a. The facility shall be located not less than 750 feet from any property zoned Institutional or any property zoned Mixed Use that allows Institutional uses, as measured at the lot line. The facility shall be located not less than 750 feet from any property zoned Institutional in any city adjoining Golden Valley, as measured at the lot line. b. The facility shall be located not less than 375 feet from any property zoned Residential or any property zoned Mixed Use that allows Residential uses, as measured at the lot line. The facility shall be located not less than 750 feet from any property zoned Residential in any city adjoining Golden Valley, as measured at the lot line. c. The facility shall be located not less than 750 feet from any of the following conditional uses: i. Ball fields and other recreational facilities ii. Child care centers iii. Health, fitness, and/or exercise facilities, include dance studios, gymnastics training, weight lifting studios, aerobic exercise, and gymnasiums iv. Trade schools or training centers; v. Adult day care centers; and vi. Places of worship. d. The facility shall be located not less than 1,000 feet from another firearm facility, as measured at the lot line. e. In the case of a multi-use building, distances from the firearm facility shall be measured from the portion of the structure occupied by the facility. f. All facilities shall meet applicable federal and state security standards including, but not limited to, Minn. Stats. § 624.7161 and Minnesota Rules Chapter 7504 as amended from time to time. g. No firearms or ammunition shall be displayed in windows. Windows must be of clear, transparent glass and be free of obstructions for at least three feet into the facility. Ordinance No. 728 -12- December 21, 2021 h. In-vehicle sales or repair are prohibited and no firearm-related uses shall be allowed in a trailer or other nonpermanent building. Section 18. City Code Section 113-94, Article III, Division 2, Subdivision (f) “Conditional Uses” is removed in its entirety. Section 19. City Code Section 113-94, Article III, Division 2, Subdivision (g) “Prohibited Uses” is removed in its entirety, and all subsequent sections are retitled accordingly. Section 20. City Code Section 113-95, Article III, Division 2, Subdivision (c) is amended to read as follows: (c) Principal Uses. Permitted, conditional, restricted, and prohibited uses in the Office Zoning District shall be as specified in Section 113-87 (b) and Table 87-2, Economic and Business Land Uses. Section 21. City Code Section 13-95, Article III, Division 2, Subdivision (e) “Conditional Uses” is removed in its entirety, and all subsequent sections are retitled accordingly. Section 22. City Code Section 113-96, Article III, Division 2, Subdivision (a) is amended to read as follows: (a) Purpose. The purpose of the Institutional Zoning District is to establish areas where both public and private institutional uses such as schools, places of worship, hospitals, parks, golf courses, nursing homes, and public buildings may be located. Section 23. City Code Section 113-96, Article III, Division 2, Subdivision (c) is amended to read as follows: (c) Subdistrict Descriptions. The subdistricts of the Institutional Zoning District shall be as follows: Assembly Subdistrict (I-A)—This subdistrict includes educational facilities at all levels, cemeteries, places of worship for all denominations, and miscellaneous religious installations. Civic Subdistrict (I-C)—This subdistrict includes administrative or service facilities (except those otherwise classified) at all levels of government. Medical Subdistrict (I-M)—This subdistrict includes hospitals, surgical centers, nursing homes, and rehabilitation facilities. Parks and Natural Areas Subdistrict (I-P)—This subdistrict includes open spaces used as golf courses, ball fields, playgrounds, parks, nature areas, stormwater ponding areas, and other undeveloped remnants. Section 24. City Code Section 113-96, Article III, Division 2, Subdivision (c) is amended to read as follows: Ordinance No. 728 -13- December 21, 2021 (c) Principal Uses. Permitted, conditional, restricted, and prohibited uses in the Institutional Zoning District shall be as specified in Section 113-87 (c) and Table 87-3, Institutional Land Uses. Section 25. City Code Section 113-96, Article III, Division 2, Subdivision (f) “Conditional Uses” is removed in its entirety, and all subsequent sections are retitled accordingly. Section 26. City Code Section 113-97, Article III, Division 2, Subdivision (f)(1)(f) is amended to read as follows: (f) Principal Uses. Permitted, conditional, restricted, and prohibited uses in the Neighborhood Mixed Use Zoning District shall be as specified in Section 113-87 (d) and Table 87-4, Mixed Use Land Uses. Section 27. City Code Section 113-97, Article III, Division 2, Subdivision (f)(1)(g) is added to code and to read as follows: (g) Restricted Uses. The following restricted uses shall be permitted within the Neighborhood Mixed Use Zoning District: i. Home occupations, provided they comply with the requirements of Subsection (e)(2) above. ii. General retail/services shall be limited to a maximum of 20,000 square feet of gross floor area. iii. Parking as an accessory to a principal use. iv. Institutional assembly, civic, and medical uses shall be limited to a maximum of 50 surface parking spaces. Section 28. City Code Section 113-97, Article III, Division 2, Subdivision (f)(2)(f) is amended to read as follows: (f) Principal Uses. Permitted, conditional, restricted, and prohibited uses in the Community Mixed Use Zoning District shall be as specified in Section 113-87 (d) and Table 87-4, Mixed Use Land Uses. Section 29. City Code Section 113-97, Article III, Division 2, Subdivision (f)(2)(g) is added to code and to read as follows: (g) Restricted Uses. The following restricted uses shall be permitted within the Community Mixed Use Zoning District: i. Home occupations, provided they comply with the requirements of Subsection (e)(2) above. ii. General retail/services shall be limited to a maximum of 30,000 square feet of gross floor area. Ordinance No. 728 -14- December 21, 2021 iii. Parking as an accessory to a principal use. iv. Drive-thru facilities, provide they comply with the requirements of Subsection (g)(3) below v. Institutional assembly, civic, and medical uses shall be limited to a maximum of 50 surface parking spaces. Section 30. City Code Section 113-97, Article III, Division 2, Subdivision (f)(3)(f) is amended to read as follows: (f) Principal Uses. Permitted, conditional, restricted, and prohibited uses in the Employment Mixed Use Zoning District shall be as specified in Section 113-87 (d) and Table 87-4, Mixed Use Land Uses. Section 31. City Code Section 113-97, Article III, Division 2, Subdivision (f)(3)(g) is added to code and to read as follows: (g) Restricted Uses. The following restricted uses shall be permitted within the Employment Mixed Use Zoning District: i. General retail/services shall be limited to a maximum of 30,000 square feet of gross floor area. ii. Parking as an accessory to a principal use. iii. Drive-thru facilities, provide they comply with the requirements of Subsection (g)(3) below iv. Institutional assembly, civic, and medical uses shall be limited to a maximum of 50 surface parking spaces. Section 32. City Code Section 113-158, Article IV, Division 2, is added to code and to read as follows: Sec. 113-158. Manufactured Home Parks. (a) The purpose of these regulations is to create general standards for the layout and placement of individual manufactured homes and other structures within a manufactured home park, to ensure the health, safety, and general welfare of its residents, and to minimize impacts to adjacent properties. (b) General Regulations. (1) Park Size. The minimum area required for a manufactured home park designation shall be 10 acres. Ordinance No. 728 -15- December 21, 2021 (2) Emergency Storm Protections. Manufactured home parks shall have storm shelters in compliance with State statutes. Any manufactured home park shall submit emergency storm protection measures for review and approval of the City Manager or their designee. (3) Setbacks. a. No manufactured home shall be located closer than 15 feet to a side or rear lot line. The minimum front yard setback shall be 25 feet from the front lot line. On corner lots, the secondary front yard setback shall be at least 15 feet from the lot line. b. There shall be a space of at least 15 feet between the sides of adjacent manufactured homes and at least 10 feet between manufactured homes when parked end to end. (4) Permitted Encroachments. a. Stairs and stair landings up to 25 square feet in size and accessible ramps may encroach up to five feet into the interior setback, provided that they do not extend closer than 10 feet to an adjacent structure. b. Cornices and eaves may extend outside the building envelope by no more than 30 inches. (5) Foundation. The area beneath a manufactured home shall be enclosed except that such enclosure must have access for inspection. (6) Building Height Requirements. No structure shall exceed one story or 15 feet above grade, whichever is less. (7) Parking. a. Each manufactured home site shall have off-street parking spaces for two vehicles. b. All parking spaces shall be paved. (8) Accessory Buildings. a. Accessory structures shall be limited to one per manufactured home. No accessory structure may be larger than 400 square feet in area. b. No accessory structure shall be erected with a height in excess of one story, which is 10 feet from the floor to the top horizontal component of a frame building to which the rafters are fastened (known as the "top plate"). For the purposes of this regulation, the height of a shed roof shall be measured to the top plate. c. The manufactured home park site plan shall designate the locations proposed for garages and/or accessory structures for each manufactured home. These shall comply with the following setback requirements: Ordinance No. 728 -16- December 21, 2021 1. Accessory buildings shall not be located within a front yard setback. 2. Accessory buildings shall not be located closer than five feet from a side or rear property line. 3. Accessory buildings shall not be located within any utility easements. 4. All accessory buildings shall be owned, constructed, and maintained by the manufactured home park owner. All accessory structures shall be established as part of an approved site plan. (9) Recreation. All manufactured home parks shall have at least 10 percent of the land area developed for recreational use by its residents. The recreational use shall be developed and maintained at the expense of the owner/operator. Section 33. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 21st day of December, 2021. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/ Theresa J. Schyma Theresa J. Schyma, City Clerk RESOLUTION NO. 21-118 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 728 AN ORDINANCE AMENDING THE CITY CODE AMENDING CHAPTER 113: ZONING IN ORDER TO ESTABLISH THE ALLOWED USES BY ZONING DISTRICT IN A SUMMARY TABLE FORMAT FOR EASE OF USE WHEREAS, the City has adopted the above referenced amendment of the Golden Valley City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of the publication of the complete text is not justified. NOT THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that the following summary is hereby approved for official publication: SUMMARY PUBLICATION ORDINANCE NO. 728 AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 113: Zoning in order to Establish the Allowed Uses by Zoning District in a Summary Table Format for Ease of Use This is a summary of the provisions of the above Ordinance which has been approved for publication by the City Council. At the December 21, 2021 City Council meeting, the Golden Valley City Council enacted Ordinance No. 728 Amending City Code, Chapter 113: Zoning in order to Establish the Allowed Uses by Zoning District in a Summary Table Format for Ease of Use. The full ordinance is available to the public at the City Clerk’s Office, 7800 Golden Valley Road during normal business hours and online at www.goldenvalleymn.gov/code/. A copy of the full text of this Ordinance is available from the City Clerk’s Office. Adopted by the City Council this 21st day of December, 2021. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/ Theresa J. Schyma Theresa J. Schyma, City Clerk Golden Valley City Council Meeting December 21, 2021 Agenda Item 4. C. Public Hearing – Zoning Map Amendments – Institutional Subdistricts, Ordinance No. 729 and Adopting Resolution No. 21-119, Authorizing Summary Publication of the Ordinance Prepared By Myles Campbell, Planner Jason Zimmerman, Planning Manager Summary Over the last year, staff and Commissioners have been reviewing various aspects of the Zoning Code, with the goal improving its accessibility for residents, businesses and other users. This review has largely focused on the organization of permitted land uses per zoning district, however staff also used this opportunity for reflection on others areas of code needing updates. This included revisions relating to the Religious Land Use and Institutionalized Persons Act, updates to how manufactured home parks are regulated, and also to the method of organization for the Institutional Zoning District. The Planning Commission and Staff are recommending the Institutional Subdistricts be renamed for two main purposes: • To align with the land use categories laid out in the 2040 Comprehensive Plan • To improve the accessibility of useful information over the current titling Existing Code The City currently has five subdistricts listed under the Institutional Zoning classification. All subdistricts share the same requirements and standards for setbacks/height/allowed signage/etc., though they allow different permitted and conditional uses. Upon examination of individual uses, it’s clear these subdistricts have themes; however, this is not immediately recognizable from the organization and (lack of) naming for subdistricts. Existing Subdistricts Permitted and Conditional Uses I-1 Institutional Subdistrict Places of Worship, Schools, Adult and Child Care Centers I-2 Institutional Subdistrict Libraries, Museums, Colleges, Adult and Child Care Centers I-3 Institutional Subdistrict Convalescent Homes, Nursing Homes, Hospitals, Adult and Child Care Centers, Heliports, Private Clubs I-4 Institutional Subdistrict Golf Courses, Parks, Playgrounds; City, County, and State Facilities; Adult and Child Care Centers City Council Regular Meeting Executive Summary City of Golden Valley December 21, 2021 2 I-5 Institutional Subdistrict Cemeteries Revised Institutional Subdistricts The City’s 2040 Comprehensive Plan reorganized the Institutional land uses into four categories with more descriptive names: Assembly, Civic, Medical, and Parks and Natural Areas. Given this shift in long-term land use planning, staff saw a major benefit in aligning the existing zoning categories with these. This is beneficial from a planning perspective, simplifying future zoning updates, and references between code and the Comprehensive Plan. A second benefit is that the addition of descriptive categories versus a numbering system also provides more information up front to a user of the zoning code who does not interact with it on a regular basis. While mostly a semantic change, renaming the subdistricts did trigger a rezoning action for almost all Institutionally zoned properties, as the new categories would need to be reflected within the zoning map itself. In accordance with State statute, staff prepared a notice for all properties within 500 feet of the affected sites – around 5,310 notices altogether. An accompanying website was produced for the notice, using ArcGIS mapping software to illustrate the exact changes for these properties, which is available to all members of the public at https://arcg.is/eXvqi0. Following this zoning amendment, the number of overall subdistricts would be reduced to four instead of five. With the accompanying revisions to the zoning text around permitted uses, these four subdistricts would be organized as follows: Proposed Subdistricts Permitted and Conditional Uses Institutional Assembly (I-A) Places of Worship, Schools, Libraries, Museums, Cemeteries, Adult and Child Care Centers, Private Clubs Institutional Civic (I-C) City, County, and State Facilities Institutional Medical (I-M) Convalescent Homes, Nursing Homes, Hospitals, Residential Facilities Institutional Parks and Natural Areas (I-P) Parks, Playgrounds, Golf Courses, Natural Areas Staff will note that outside of allowed uses, there have been no changes made to the actual site requirements for institutional properties being proposed at this time. As such, any planned additions or improvements at any of the sites being rezoned should not be impacted by this simple reorganization action. Financial Or Budget Considerations This proposed ordinance is not anticipated to have any significant financial impacts. Recommended Action • Motion to adopt Ordinance No. 729, rezoning Certain Properties in the Institutional Zoning District to Reflect New Sub-classification • Motion to adopt Resolution No. 21-119, Authorizing Summary Publication of Ordinance No. 729 City Council Regular Meeting Executive Summary City of Golden Valley December 21, 2021 3 Supporting Documents • Planning Commission memo dated November 22, 2021 (4 pages) • Minutes from Planning Commission meeting of November 22, 2021 (2 pages) • Maps (6 pages) • Ordinance No. 729 (5 pages) • Resolution No. 21-119 (1 page)   1      Date:  November 22, 2021  To:  Golden Valley Planning Commission  From:  Myles Campbell, Planner    Jason Zimmerman, Planning Manager  Subject:    Zoning Map Amendment ‐ Reorganization of Institutional Subdistricts      Summary  Over the last year, staff and Commissioners have been reviewing various aspects of the lists of  permitted, conditional, and restricted uses in the Zoning Chapter with the intention of proposing  Zoning Text Amendments to better align these sections of code with the Comprehensive Plan and  to streamline the language and layout to be more easily interpreted by residents, businesses, and  other users.    As a part of this process, staff also saw an opportunity to update the City’s Institutional  Subdistricts to:   Align with the land use categories laid out in the 2040 Comprehensive Plan   Provide greater clarity and description for the uses they include versus the current  subdistrict organization    Background  The City currently has five subdistricts under the Institutional Zoning classification. All  subdistricts share the same requirements and standards for setbacks/height/allowed  signage/etc., though they allow different permitted and conditional uses. Upon  examination, these subdistricts have clear themes; however, this is not immediately clear  from the organization and (lack of) naming for subdistricts.    Existing Subdistricts    Permitted and Conditional Uses  I‐1 Institutional Subdistrict Places of Worship, Schools, Adult and Child Care  Centers  I‐2 Institutional Subdistrict Libraries, Museums, Colleges, Adult and Child Care  Centers  2    I‐3 Institutional Subdistrict Convalescent Homes, Nursing Homes, Hospitals,  Adult and Child Care Centers, Heliports, Private  Clubs  I‐4 Institutional Subdistrict Golf Courses, Parks, Playgrounds; City, County, and  State Facilities; Adult and Child Care Centers  I‐5 Institutional Subdistrict Cemeteries    Revised Institutional Subdistricts  The City’s 2040 Comprehensive Plan reorganized the Institutional land uses into four  categories with more descriptive names: Assembly, Civic, Medical, and Parks and Natural  Areas. Given this shift in long‐term land use planning, staff saw a major benefit in aligning  the existing zoning categories with these. This is beneficial from a planning perspective,  but the addition of descriptive categories versus a numbering system also provides more  information to a user of the zoning code who does not interact with it on a regular basis.     While mostly a semantic change, the reorganization did trigger a rezoning action for  almost all Institutionally zoned properties, as the new categories would need to be  reflected in the zoning map itself. In accordance with State statute, staff prepared a notice  for all properties within 500 feet of the affected sites – around 5,310 notices altogether.  An accompanying website was produced for the notice, using ArcGIS mapping software to  illustrate the exact changes for these properties, which is available to all members of the  public at https://arcg.is/eXvqi0.     Following this zoning amendment, the number of overall subdistricts would be reduced to  four instead of five. These four subdistricts would be organized as follows:    Proposed Subdistricts    Permitted and Conditional Uses  Institutional Assembly (I‐A) Places of Worship, Schools, Libraries, Museums,  Cemeteries, Adult and Child Care Centers, Private Clubs  Institutional Civic (I‐C) City, County, and State Facilities  Institutional Medical (I‐M) Convalescent Homes, Nursing Homes, Hospitals,  Residential Facilities  Institutional Parks and  Natural Areas (I‐P)  Parks, Playgrounds, Golf Courses, Natural Areas    Some uses have been combined, however no other changes to the actual site  requirements for institutional properties is being proposed at this time. As such, any  planned additions or improvements at any of the sites being rezoned should not be  impacted by this simple reorganization action.    Staff Request  Staff recommends approval of the Zoning Map Amendment, reorganizing those properties zoned  Institutional into subdistricts of Assembly, Civic, Medical, and Parks and Natural Areas.  3      Attachments  Copy of Hearing Notice sent November 10, 2021 (2 pages)  Map sets (6 pages)    City of Golden Valley    Planning Commission Regular Meeting  November 22, 2021, 2021 – 7 pm       4  Chair Pockl closed the public hearing at 7:40pm    Chair Pockl opened the discussion.     Chair Pockl asked why the cemetery use was permitted and not conditional, staff responded that they  never recommended the change to conditional and so it wasn’t discussed. Members need to come up  with items they’d like mitigated by a CUP, like traffic or noise. Ruby asked if there are other regulations  on cemetery locations, staff responded that if a proposal took place then a county or state jurisdiction  would need to have their requirements met. Golden Valley making it a permitted use doesn’t  determine its inherent allowance.   Commissioner Ginis mentioned considering conditional being that a cemetery may impact the City’s  long‐term planning as cemeteries often lose funding and thus cannot maintain their facilities. Staff  noted that’s how the City obtained the current cemetery. Staff and Commissioners discussed  conditional or restricted use and Brookins mentioned the idea of making it prohibited but making the  current cemetery legally non‐conforming.     Chair Pockl stated comfort with recommending approval and adding cemeteries as conditional,  Brookins stated he believes they should be prohibited. Members and staff discussed this item and  potential conditions as well as how a condition/prohibition would differ from the current zoning.  Johnson suggested that light industrial allow conditional use for lodges or private halls.      MOTION made by Commissioner Ruby, seconded by Commissioner Johnson, to recommend approval  with the changes as recommended by Commissioners of the zoning text amendments.   Motion passed unanimously.     5. Informal Public Hearing – Zoning Map Amendment ‐ Reorganization of Institutional Subdistricts  Applicant: City of Golden Valley    Myles Campbell, Planner, restated a few items that were mentioned in the previous presentation.  Campbell displayed maps listed on the website that were in the notice sent out to residents of Golden  Valley. Staff reviewed uses and stated there are no development plans in the Institutional Subdistricts,  this change is the colors on the map and the names of the districts. Staff is moving from the ambiguous  number categories to clearly named subdistricts.     Recommendation  Staff recommends approval of the Zoning Map Amendment, reorganizing those properties zoned  Institutional into subdistricts of Assembly, Civic, Medical, and Parks and Natural Areas.     Chair Pockl opened the public hearing at 8:21pm.    No in person commenters.  No call‐in commenters.   City of Golden Valley    Planning Commission Regular Meeting  November 22, 2021, 2021 – 7 pm       5    Chair Pockl closed the public hearing at 8:24pm  Chair Pockl opened the discussion.   Commissioner Ruby asked if there are modifications needed on this recommendation based on the  previous conversation. Staff responded that the map amendment is related to Institutional districts,  not Industrial or Light Industrial.     MOTION made by Commissioner Brookins, seconded by Commissioner Ruby, to follow staff  recommendation and recommend approval.    Motion passed unanimously.    Chair Pockl ended the televised portion of the meeting at 8:27pm.    6. Council Liaison Report   Planning Manager Zimmerman reported on behalf of Council Member Rosenquist that Council had  tabled the proposal for 6300 Olson Memorial Highway in order to allow a representative for the  property owner to attend the next regular meeting on December 7. The Council approved the lot  subdivision and Conditional Use Permit for Spire Credit Union.    7. Other Business  Commissioner Johnson applauded staff for devising a hearing notice, accompanied by a web page,  that attempted to explain a complicated issue in simple, easy to understand, language.    8. Adjournment  MOTION by Commissioner Ginis to adjourn, seconded by Commissioner Johnson, and approved  unanimously. Meeting adjourned at 8:35 pm.                                                                                                          ________________________________                                                                                                  Andy Johnson, Secretary  ________________________________  Amie Kolesar, Planning Assistant  !!!!! !!!!! ! ! !!!!!! !!!! !!!!!!!!!!!!!! ! ! !!!! ! ! ! !!!!!!!! ! !!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!! ! ! ! !!!!!! !!!!!!!!!!!!!!! !!!!!!!!!! ! !!!!C I T Y O F C R Y S T A L C I T Y O F R O B B I N S D A L E CITY OF MINNEAPOLISC I T Y O F S T . L O U I S P A R K CITY OF MINNEAPOLISCITY OFST. LOUIS PARKCITY OF ROBBINSDALECITY OF CRYSTAL CITY OF ST. LOUIS PARK C I T Y O F N E W H O P E CITY OF PLYMOUTHCITY OF MINNEAPOLISC I T Y O F S T . L O U I S P A R KCITY OFPLYMOUTH456766 456770 456766 456740 456740 4567156 4567102 §¨¦394 §¨¦394 Æÿ55 Æÿ55 Æÿ100 Æÿ100 £¤169 £¤169 Laurel Ave Duluth St 10th Ave N Regent Ave NNoble Ave NOlympia St Western Ave Culver Rd 23rd Ave N Kelly DrWayzata Blvd Knoll St Plym ou th Ave N Sumter Ave NPennsylvania Ave NN Frontage Rd S cottQuebec Ave NValders Ave NCountry Club Dr 26th Ave N Sandburg Rd Zane Ave NManor DrWinsdale St Brunswick Ave N34th Ave N Boone Ave NEarl St Rd A veNBridgewaterRdTryol T railFlorida Ave NHanley RdGolden Hills Dr Lowry Ter Winnetka Ave SXerxes Ave NIndependence Ave NMajorDrZenith Ave NFlag Ave NWestwood Dr SWestbend Rd Sumter Ave SHampshire L nOrchard Ave NCircle Down Lindsay St NobleDrPoplar DrAve Heights Dr Heights Dr S Frontage R d Dres d e n L n Leg e ndDrFrontage RdBrookridgeAveNWinnetka Ave NLawn TerNatchez Ave SGettysburg Ave NMarket St Naper St Decatur Ave N Oregon Ave NKewanee W ay Pennsylvania Ave SDona Ln ArdmoreDrGlenwoodP k w y Tryol TrailWestbrook Rd M cN air Dr Phoenix St Ottawa Ave NThotland Rd Wisconsin Ave NUtah Ave SJersey Ave SBies DrWills PlColon i al DrEdgewood Ave NBassettCree k DrAdair Ave NJune Ave SNevada Ave NHarold Ave BrookviewPkwyNWynnwood Rd Lee Ave NTurners Cr ossroadNAquil aAveNMendelssohn Ave NBrookview Pkwy SE lm daleRd M ea nderRd Jersey Ave NSorell Ave Dakota Ave SVista DrKyleAveNWindsorWayAve SGoldenValley R o ad/CountyR o ad 66Highway 100Ros eMaryland Ave NAlfred Rd Cortlawn Cir SIdaho Ave NIndianaAve N7th Ave N Rhode Island Ave NBrunswick Ave SZ a n e Av e NBurntsideDrRoanokeRd WoodstockAve PerryAveNAve NTrailMedle y L n Georgia Ave NWally St Cutacross Rd Xenia Ave NHampshireKillarney DrKentucky Ave SJune Ave NZephyr PlLouisiana Ave SCloverLnC loverleafDr Clo v erleafDrLilacLoop MaryHillsDrFloridaAveSXylonAveNDecaturAveNKent uckyAveNTopelRd YorkAve NGreenValley Rd Chatelain T e r N o r m a n d y Bo n n i e L n Elgin Pl MerribeeDr Louisiana Ave NDuluthLn Marie Ln E Kalt ernLnOrkla DrLilacDrNToledoAveNM a rkayRidge WestbendRd FairlawnWayG o ldenValley R d Nevada Ave SMarieLn W WestmoreWay WolfberryLn HamptonRd YukonCtHampshireAve NKentleyAve Cortlawn Cir WWinnetka OregonAve SPlUnityAveNB a s s e t t C reek Dr BassettCreek Ln M innaq u aD rToledoA v e NWinfieldAveUnity Ave NB re n n er P a s s FaribaultSt ArcherAve N AdelineLn K in g s t o n C ir G o ld e n V a lle y D rVarnerCirValders Ct G reenview LnHampshire Ave NWinnetka Phoenix St Duluth St Wayzata BlvdWisconsinAveN Adell A v e MajorAveNZealandAveNEnsignAveNKelly DrXerxes Ave NKnoll St Lilac Dr NFlag Ave NRhode Island Ave NPlymouth Ave N Wayzata Blvd G o lden Valley R d Orkla DrWayzata BlvdAve NZealandAveNStCroixCirLeeAveNLamplighterLnSandburg LnMadisonAve W Lewis RdLilac Dr NHamptonRd Elgin Pl Boone Ave NCircleDownJersey Ave NWinsdale St OttawaAve NOlympia St Winnetka Heights Dr LilacDrNLouisiana Ave NKyleAveNNoble AveManor 10th Ave N RhodeIslandAveSHalfMoonDr OrdwayLaurel Pt Lo rin g L n Winsdale StZane Ave NHarold Ave FloridaAve NJerseyAve NParkview TerPh o en ix StWisconsin Ave NW a y zataBlvd FranceAve NHiddenL akesP k wyIsland DrTryolTrail Maryla ndAveNMedicine Lake Road / County Road 70 B e t t y CrockerDr RidgewayRdRhodeIslandAveNTerrace LnCastle CtFieldIndiana Ave NSchaper Rd Colonial Rd 24th Ave N 27th Ave N SussexRdKing Hill RdConstance Dr W25th Ave N SpringValley CirFrontena cAve SkylineDrSkyline DrHampshirePlCavellAveN Laurel Ave Ski Hill R d Me ridia n D r WesternTerLouisianaAve NColoradoS t M a rg a re t D rRoanoke CirCherokeeOak GroveQu e b e cAv e SKennethWay WasatchLnWelcomeTyrolCrest CortlawnCir N NatchezAveNBu r n t s id e DrG oldenV alleyRdGeneralMillsBlvdEdge w ood Ave SEdgewood Ave SEllis LnJonellen Ln WestwoodLn Gregory Cr est vi ewAveColoradoWis c o n si n A v e S Valley-woodCir Maryland Ave SMedicine Lake Road / County Road 70 SchullerGettysburgCt Vermont Ave SFloridaCtMajorCir PrincetonAve SValery RdBrogger CirGardenPark QuailAve NOrchardLouisiana Ave SWestern Ave Perry Ave NIdaho Ave NWayzata BlvdValders Ave NValders Ave NYosemiteAve NWinsdale St Decatur Ave NNatchezAve SG len w o o d P kw yOttawaAve SEdgewoodAve NSpringValleyRdSt Croix AveN Wat erfordDrMendelssohn Ave NManches te r Dr HeritageCir StCroix Ave N W el comeWinnetka Avenue North / County Road 156Douglas Drive / County Road 1021 Highway 1693 S F r o ntage Rd DuluthStreet /Count y R o ad 66 LaurelCurvEnsign Ave NOrchardAve NIdaho Ave NKnoll WestbrookRd Winsdale St BrunswickScott Ave NWynnwood Rd HillsboroAve NSunsetRid g e Dr Quebec St OttawaA v eSAngeloDrWoodlandTrailHiddenLakes P kwyWinsdaleSt AlpinePas sAvondaleRd Dou glasA ve QuentinAveSRavineMaddausLn LnKyle PlUnity Ave NToledoAveNSpruce TrWes tchesterCirCirCt WaterfordScottAveNDawnview Ter Dawnview Ter ConstanceDrELilac Dr NPlymouth Ave NWisconsinAveNMedley Rd 6 PaisleyLnGlendenTer P l Noble Ave NTer Byrd Ave N Parkvie w B lv dYork AveNMeadowLnSLilac Dr NAve NDuluth St Patsy Ln 2 3 H illsboroINDEX1 - English Cir2 - Kings Valley Rd3 - Kings Valley Rd E4 - Kings Valley Rd W5 - Marquis Rd6 - Mayfair Rd7 - Stroden Cir8 - Tamarin Tr CarriagePath M endelssohnLn N ValeCrestRdCir Cir TyrolTrail Janalyn Cir Glencrest RdJanalynCir StrawberryLn WestwoodDrNBe verly A v e Leber SunnyridgeLnMeadow Ln NMeadowLnN DahlbergD rWoodstock Ave Lilac DrNN Frontage R dHeath-brookeCir Le ge n dLn Bassett CreekD r Glenwood Avenue /Co u n tyRoad40WelcomeAveNWesleyCommons DrTheodo r e W i r thPkwyQuailAveNPerryAveNQuailAveNRegentAveNScottA v eN33rd Ave N L o wry Drake R d Trit onDr GlenwoodAvePennsylvania Ave NG oldenValleyRdJulianne Ter WesleyDr 4 5 6 7 8 8 2 2AveN ZealandAve NZealandAveNAquilaAveN Aquila Ave NMa ndanAv eNPlymouth Ave N OrklaDrKnol l S t Orkla DrValders Ave NMedley Cir AveS EwaldT e rK ingCreekRdH aroldAve LoringLn Woodstoc k A v e Yosemite CirYosemiteAveNXeniaAveSTurners Crossroad SRadissonRd Turnp i keRdTurnpikeRd B as s e tt Cre ekB l vdPaisleyLnPaisleyLn Alley AlleyH ig h w a y 1 0 0Highway 169I n t e r s t a t e -3 9 4 / H i g h w a y 1 2 In ters ta te-3 9 4 / H ig h w ay 1 2 Highway 55 / Olson Memorial HighwayHighway 55 / Olson Memorial Highway H ig h w a y 5 5 / O ls o n M e m o r ia l H ig h w a y 0 1,800 3,600900Feet IPrint Date: 11/18/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021).-City of Golden Valley for all other layers. InstitutionalZoning Current (to be modified) Subdistricts (I-1) Places of Worship,Schools (I-2) Libraries, Museums,Collegess (I-3) Convalescent Homes,Nursing Homes, Hospitals[uses will not be modified – aname change only] (I-4) Golf Courses, Parks,Playgrounds; City, County, andState Facilities (I-5) Cemeteries !!!!! !!!!! ! ! !!!!!! !!!! !!!!!!!!!!!!!! ! ! !!!! ! ! ! !!!!!!!! ! !!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!! ! ! ! !!!!!! !!!!!!!!!!!!!!! !!!!!!!!!! ! !!!!C I T Y O F C R Y S T A L C I T Y O F R O B B I N S D A L E CITY OF MINNEAPOLISC I T Y O F S T . L O U I S P A R K CITY OF MINNEAPOLISCITY OFST. LOUIS PARKCITY OF ROBBINSDALECITY OF CRYSTAL CITY OF ST. LOUIS PARK C I T Y O F N E W H O P E CITY OF PLYMOUTHCITY OF MINNEAPOLISC I T Y O F S T . L O U I S P A R KCITY OFPLYMOUTH456766 456770 456766 456740 456740 4567156 4567102 §¨¦394 §¨¦394 Æÿ55 Æÿ55 Æÿ100 Æÿ100 £¤169 £¤169 Laurel Ave Duluth St 10th Ave N Regent Ave NNoble Ave NOlympia St Western Ave Culver Rd 23rd Ave N Kelly DrWayzata Blvd Knoll St Plym outh Ave N Sumter Ave NPennsylvania Ave NN Frontage Rd S cottQuebec Ave NValders Ave NCountry Club Dr 26th Ave N Sandburg Rd Zane Ave NM anor D rWinsdale St Brunswick Ave N34th Ave N Boone Ave NEarl St Rd A veNBridgewaterRdTryo l T ra ilFlorida Ave NHanley RdGolden Hills Dr Lowry Ter Winnetka Ave SXerxes Ave NIndependence Ave NMajorDrZenith Ave NFlag Ave NWestwood Dr SWestbend Rd Sumter Ave SHampshire L nOrchard Ave NCircle Down Lindsay St NobleDrPoplar DrAve Heights Dr Heights Dr S Frontage R d DresdenLnLeg endDrFrontage RdBrookridgeAveNWinnetka Ave NLawn TerNatchez Ave SGettysburg Ave NMarket St Naper St Decatur Ave N Oregon Ave NK e w a n e e Wa y Pennsylvania Ave SDona Ln ArdmoreDrGlenwo o d P k w y Tryol T railWestbrook Rd Mc N air D r Phoenix St Ottawa Ave NThotland Rd Wisconsin Ave NUtah Ave SJersey Ave SBies DrWills PlColo n ial DrEdgewood Ave NB a ss ett C re e k DrAdair Ave NJune Ave SNevada Ave NHarold Ave BrookviewPkwyN Wynnwood Rd Lee Ave NT urners CrossroadNAquil aAveNMendelssohn Ave NBrookview Pkwy SE l m daleRd M e a nderRd Jersey Ave NSorell Ave Dakota Ave SVista DrKyleAveNWindsorWayAve SGoldenValley R o a d /C oun ty R o ad 66Highway 100Ros eMaryland Ave NAlfred Rd Cortlawn Cir SIdaho Ave NIndianaAve N7th Ave N Rhode Island Ave NBrunswick Ave SZane Ave NBurntsideDrRoanokeRd WoodstockAve PerryAveNAve NTrailMedl e y L n Georgia Ave NWally St C utacross R d Xenia Ave NHampshireKillarney DrKentucky Ave SJune Ave NZephyr PlLouisiana Ave SCloverLnCl o verlea fDr Clo v e rle afDrLil acLoop MaryHillsDrFloridaAveSXylonAveNDecaturAveNKent uckyAveNTopelRd YorkAve NGreenValley Rd Chatela in T er N o r m a n d y Bonni e LnElgin Pl MerribeeDr Louisiana Ave NDuluthLn Marie Ln E Kalt ern LnOrkla DrLilacDrNToledoAveNM a rkayRidge Westbend Rd FairlawnWayG o ld enValle y R d Nevada Ave SMarieLn W WestmoreWay WolfberryLn HamptonRd YukonCtHampshireAve NKentleyAve Cortlawn Cir WWinnetka OregonAve SPlUnityAveNB a s s e t t C reek Dr BassettCreek Ln M i nnaq u a D rToledoA v e NWinfieldAveUnity Ave NBr e n n e rPa s s FaribaultSt ArcherAve N AdelineLn K i n g s t o n C i r G o ld e n V a lle y D r VarnerCirValders Ct G re e n v ie wL n Hampshire Ave NWinnetka Phoenix St Duluth St Wayzata BlvdWisconsinAveN Adell A v e MajorAveNZealandAveNEnsignAveNKelly DrXerxes Ave NKnoll St Lilac Dr NFlag Ave NRhode Island Ave NPlymouth Ave N Wayzata Blvd G o lden Valley R d Orkla DrWayzata BlvdAve NZealandAveNS tCroixCirLeeAveNLamplighterLnSandbur g LnMadisonAve W Lewis RdLilac Dr NHampton Rd Elgin Pl Boone Ave NCircleDownJersey Ave NWinsdale St OttawaAve NOlympia St Winnetka Heights Dr Lila c Dr NLouisiana Ave NKyleAveNNoble AveManor 1 0th A v e N RhodeIslandAveSHalfMoonDr OrdwayLaurel Pt Loring Ln Winsdale StZane Ave NHarold Ave FloridaAve NJerseyAve NParkview TerPhoenix StWisconsin Ave NW a y z ataBlvd FranceAve NHiddenLakes P k wyIsland DrTryol Trail Maryla n dAveNMedicine Lake Road / County Road 70 B e t t y CrockerDr RidgewayRdRhodeIslandAveNTerrace LnCastle CtFieldIndiana Ave NSchaper Rd Colonial Rd 24th Ave N 27th Ave N SussexRdKing Hill RdConstance Dr W25th Ave N SpringValley CirFrontena cAve SkylineDrSkyline DrHampshirePlCavellAveN Laurel Ave S ki H ill R d Me ri di a nDr WesternTerLouisianaAve NColoradoS t M a rg a re t D rRoanoke CirCherokeeOak GroveQuebecAve SKennethWay WasatchLnWelcomeTyrolCrest CortlawnCir N NatchezAveNBu r n t s i d e DrG o ld e n V a lle yRdGeneralMillsBlvdE d g e w o o d A v e SEdgewood Ave SEllis LnJonellen Ln WestwoodLn Gregory Crestvi ewAveColoradoWi s c ons i n Ave SValley-woodCir Maryland Ave SMedicine Lake Road / County Road 70 SchullerGettysburgCt Vermont Ave SFloridaCtMajorCir PrincetonAve SValery RdBrogger CirGardenPark QuailAve NOrchardLouisiana Ave SWestern Ave Perry Ave NIdaho Ave NWayzata BlvdValders Ave NValders Ave NYosemiteAve NWinsdale St Decatur Ave NNatchezAve SG le n w o o d P k w y OttawaAve SEdgewoodAve NSpringValleyRdSt Croix AveN WaterfordDrMendelssohn Ave NManches te r Dr HeritageCir StCroix Ave N W el comeWinnetka Avenue North / County Road 156Douglas Drive / County Road 1021 Highway 1693 S F r ontage Rd DuluthStreet /Count y R o ad 66 LaurelCurvEnsign Ave NOrchardAve NIdaho Ave NKnoll WestbrookRd Winsdale St BrunswickScott Ave NWynnwood Rd HillsboroAve NSunsetRid g e Dr Que bec St OttawaAveSAngeloDrWoodlandTrailHiddenLakes P k wyWinsdale St AlpinePas sAvondale Rd Dou glasAve QuentinAveSRavineMaddausLn LnKyle PlUnity Ave NToledoAveNSpruce TrWes t chesterCirC irCt WaterfordScottAveNDawnviewTerDawnview Ter C onstanceDrELilac Dr NPlymouth Ave NWisconsinAveNMedley Rd 6 PaisleyLnGl e ndenTer P l Noble Ave NTer B yrd A v e N P ark vie wBl v dY ork AveNMeadowLnSLilac Dr NAve NDuluth St Patsy Ln 2 3 H illsboroINDEX 1 - English Cir 2 - Kings Valley Rd 3 - Kings Valley Rd E 4 - Kings Valley Rd W 5 - Marquis Rd 6 - Mayfair Rd 7 - Stroden Cir 8 - Tamarin Tr CarriagePath M e n d e ls s o h n L n N ValeCrestRdCir Cir TyrolTrail Janalyn Cir Glencrest RdJanalynCir StrawberryLn WestwoodDrNBe verly A v e Leber SunnyridgeLnMeadow Ln NMeadowLn N Dahlberg D r Woodstock Ave Lilac DrNN Frontage R dHeath-brookeCir Legend Ln Bassett C reekD r Glenwood Avenue /Co u n ty R oad40WelcomeAveNWesleyCommons DrTheod o r e W i r th PkwyQuailAveNPerryAveNQuailAveNRegentAveNScottA v eN33rd Ave N L o wry Drake R d T r it on Dr GlenwoodAvePennsylvania Ave NG o ldenV alleyR dJulianne Ter WesleyDr 4 5 6 7 8 8 2 2AveN ZealandAve NZealandAveNAquilaAveN Aquila Ave NM a ndanA v eNPlymouth Ave N OrklaDrKnol l S t Orkl a DrValders Ave NMedley Cir AveS Ewald T e rK in g CreekRdH aroldAve LoringLn Woodstoc k A v e Yosemite CirYosemiteAveNXeniaAveSTurners Crossroad SRadisson Rd Turnp i keRdTurnpikeRd B a s s ett Cre ekB l vdP a isleyLnPaisleyLn Alley AlleyHi ghway 100Highway 169I n t e r s t a t e -3 9 4 / H i g h w a y 1 2 In ters ta te-3 9 4 / Hig h way 1 2 Highway 55 / Olson Memorial Highway Highway 55 / Olson M emorial Highway H ig h w a y 5 5 / O l s o n M e m o r ia l H ig h w a y 0 1,800 3,600900 Feet IPrint Date: 11/18/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021).-City of Golden Valley for all other layers. InstitutionalZoning Proposed Subdistricts (I-A) Assembly: Places of Worship, Schools, Libraries, Museums, Cemeteries: Assembly (I-C) Civic: City, County, and State Facilities (I-M) Medical: Convalescent Homes, Nursing Homes, Hospitals (I-P) Parks & Natural Areas: Parks, Playgrounds, Natural Areas, Golf Courses !!!!! !!!!! ! ! !!!!!! !!!! !!!!!!!!!!!!!! ! ! !!!! ! ! ! !!!!!!!! ! !!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!! ! ! ! !!!!!! !!!!!!!!!!!!!!! !!!!!!!!!! ! !!!!C I T Y O F C R Y S T A L C I T Y O F R O B B I N S D A L E CITY OF MINNEAPOLISC I T Y O F S T . L O U I S P A R K CITY OF MINNEAPOLISCITY OFST. LOUIS PARKCITY OF ROBBINSDALECITY OF CRYSTAL CITY OF ST. LOUIS PARK C I T Y O F N E W H O P E CITY OF PLYMOUTHCITY OF MINNEAPOLISC I T Y O F S T . L O U I S P A R KCITY OFPLYMOUTH456766 456770 456766 456740 456740 4567156 4567102 §¨¦394 §¨¦394 Æÿ55 Æÿ55 Æÿ100 Æÿ100 £¤169 £¤169 Laurel Ave Duluth St 10th Ave N Regent Ave NNoble Ave NOlympia St Western Ave Culver Rd 23rd Ave N Kelly DrWayzata Blvd Knoll St Plym outh Ave N Sumter Ave NPennsylvania Ave NN Frontage Rd S cottQuebec Ave NValders Ave NCountry Club Dr 26th Ave N Sandburg Rd Zane Ave NM anor D rWinsdale St Brunswick Ave N34th Ave N Boone Ave NEarl St Rd A veNBridgewaterRdTryo l T ra ilFlorida Ave NHanley RdGolden Hills Dr Lowry Ter Winnetka Ave SXerxes Ave NIndependence Ave NMajorDrZenith Ave NFlag Ave NWestwood Dr SWestbend Rd Sumter Ave SHampshire L nOrchard Ave NCircle Down Lindsay St NobleDrPoplar DrAve Heights Dr Heights Dr S Frontage R d DresdenLnLeg endDrFrontage RdBrookridgeAveNWinnetka Ave NLawn TerNatchez Ave SGettysburg Ave NMarket St Naper St Decatur Ave N Oregon Ave NK e w a n e e Wa y Pennsylvania Ave SDona Ln ArdmoreDrGlenwo o d P k w y Tryol T railWestbrook Rd Mc N air D r Phoenix St Ottawa Ave NThotland Rd Wisconsin Ave NUtah Ave SJersey Ave SBies DrWills PlColo n ial DrEdgewood Ave NB a ss ett C re e k DrAdair Ave NJune Ave SNevada Ave NHarold Ave BrookviewPkwyN Wynnwood Rd Lee Ave NT urners CrossroadNAquil aAveNMendelssohn Ave NBrookview Pkwy SE l m daleRd M e a nderRd Jersey Ave NSorell Ave Dakota Ave SVista DrKyleAveNWindsorWayAve SGoldenValley R o a d /C oun ty R o ad 66Highway 100Ros eMaryland Ave NAlfred Rd Cortlawn Cir SIdaho Ave NIndianaAve N7th Ave N Rhode Island Ave NBrunswick Ave SZane Ave NBurntsideDrRoanokeRd WoodstockAve PerryAveNAve NTrailMedl e y L n Georgia Ave NWally St C utacross R d Xenia Ave NHampshireKillarney DrKentucky Ave SJune Ave NZephyr PlLouisiana Ave SCloverLnCl o verlea fDr Clo v e rle afDrLil acLoop MaryHillsDrFloridaAveSXylonAveNDecaturAveNKent uckyAveNTopelRd YorkAve NGreenValley Rd Chatela in T er N o r m a n d y Bonni e LnElgin Pl MerribeeDr Louisiana Ave NDuluthLn Marie Ln E Kalt ern LnOrkla DrLilacDrNToledoAveNM a rkayRidge Westbend Rd FairlawnWayG o ld enValle y R d Nevada Ave SMarieLn W WestmoreWay WolfberryLn HamptonRd YukonCtHampshireAve NKentleyAve Cortlawn Cir WWinnetka OregonAve SPlUnityAveNB a s s e t t C reek Dr BassettCreek Ln M i nnaq u a D rToledoA v e NWinfieldAveUnity Ave NBr e n n e rPa s s FaribaultSt ArcherAve N AdelineLn K i n g s t o n C i r G o ld e n V a lle y D r VarnerCirValders Ct G re e n v ie wL n Hampshire Ave NWinnetka Phoenix St Duluth St Wayzata BlvdWisconsinAveN Adell A v e MajorAveNZealandAveNEnsignAveNKelly DrXerxes Ave NKnoll St Lilac Dr NFlag Ave NRhode Island Ave NPlymouth Ave N Wayzata Blvd G o lden Valley R d Orkla DrWayzata BlvdAve NZealandAveNS tCroixCirLeeAveNLamplighterLnSandbur g LnMadisonAve W Lewis RdLilac Dr NHampton Rd Elgin Pl Boone Ave NCircleDownJersey Ave NWinsdale St OttawaAve NOlympia St Winnetka Heights Dr Lila c Dr NLouisiana Ave NKyleAveNNoble AveManor 1 0th A v e N RhodeIslandAveSHalfMoonDr OrdwayLaurel Pt Loring Ln Winsdale StZane Ave NHarold Ave FloridaAve NJerseyAve NParkview TerPhoenix StWisconsin Ave NW a y z ataBlvd FranceAve NHiddenLakes P k wyIsland DrTryol Trail Maryla n dAveNMedicine Lake Road / County Road 70 B e t t y CrockerDr RidgewayRdRhodeIslandAveNTerrace LnCastle CtFieldIndiana Ave NSchaper Rd Colonial Rd 24th Ave N 27th Ave N SussexRdKing Hill RdConstance Dr W25th Ave N SpringValley CirFrontena cAve SkylineDrSkyline DrHampshirePlCavellAveN Laurel Ave S ki H ill R d Me ri di a nDr WesternTerLouisianaAve NColoradoS t M a rg a re t D rRoanoke CirCherokeeOak GroveQuebecAve SKennethWay WasatchLnWelcomeTyrolCrest CortlawnCir N NatchezAveNBu r n t s i d e DrG o ld e n V a lle yRdGeneralMillsBlvdE d g e w o o d A v e SEdgewood Ave SEllis LnJonellen Ln WestwoodLn Gregory Crestvi ewAveColoradoWi s c ons i n Ave SValley-woodCir Maryland Ave SMedicine Lake Road / County Road 70 SchullerGettysburgCt Vermont Ave SFloridaCtMajorCir PrincetonAve SValery RdBrogger CirGardenPark QuailAve NOrchardLouisiana Ave SWestern Ave Perry Ave NIdaho Ave NWayzata BlvdValders Ave NValders Ave NYosemiteAve NWinsdale St Decatur Ave NNatchezAve SG le n w o o d P k w y OttawaAve SEdgewoodAve NSpringValleyRdSt Croix AveN WaterfordDrMendelssohn Ave NManches te r Dr HeritageCir StCroix Ave N W el comeWinnetka Avenue North / County Road 156Douglas Drive / County Road 1021 Highway 1693 S F r ontage Rd DuluthStreet /Count y R o ad 66 LaurelCurvEnsign Ave NOrchardAve NIdaho Ave NKnoll WestbrookRd Winsdale St BrunswickScott Ave NWynnwood Rd HillsboroAve NSunsetRid g e Dr Que bec St OttawaAveSAngeloDrWoodlandTrailHiddenLakes P k wyWinsdale St AlpinePas sAvondale Rd Dou glasAve QuentinAveSRavineMaddausLn LnKyle PlUnity Ave NToledoAveNSpruce TrWes t chesterCirC irCt WaterfordScottAveNDawnviewTerDawnview Ter C onstanceDrELilac Dr NPlymouth Ave NWisconsinAveNMedley Rd 6 PaisleyLnGl e ndenTer P l Noble Ave NTer B yrd A v e N P ark vie wBl v dY ork AveNMeadowLnSLilac Dr NAve NDuluth St Patsy Ln 2 3 H illsboroINDEX 1 - English Cir 2 - Kings Valley Rd 3 - Kings Valley Rd E 4 - Kings Valley Rd W 5 - Marquis Rd 6 - Mayfair Rd 7 - Stroden Cir 8 - Tamarin Tr CarriagePath M e n d e ls s o h n L n N ValeCrestRdCir Cir TyrolTrail Janalyn Cir Glencrest RdJanalynCir StrawberryLn WestwoodDrNBe verly A v e Leber SunnyridgeLnMeadow Ln NMeadowLn N Dahlberg D r Woodstock Ave Lilac DrNN Frontage R dHeath-brookeCir Legend Ln Bassett C reekD r Glenwood Avenue /Co u n ty R oad40WelcomeAveNWesleyCommons DrTheod o r e W i r th PkwyQuailAveNPerryAveNQuailAveNRegentAveNScottA v eN33rd Ave N L o wry Drake R d T r it on Dr GlenwoodAvePennsylvania Ave NG o ldenV alleyR dJulianne Ter WesleyDr 4 5 6 7 8 8 2 2AveN ZealandAve NZealandAveNAquilaAveN Aquila Ave NM a ndanA v eNPlymouth Ave N OrklaDrKnol l S t Orkl a DrValders Ave NMedley Cir AveS Ewald T e rK in g CreekRdH aroldAve LoringLn Woodstoc k A v e Yosemite CirYosemiteAveNXeniaAveSTurners Crossroad SRadisson Rd Turnp i keRdTurnpikeRd B a s s ett Cre ekB l vdP a isleyLnPaisleyLn Alley AlleyHi ghway 100Highway 169I n t e r s t a t e -3 9 4 / H i g h w a y 1 2 In ters ta te-3 9 4 / Hig h way 1 2 Highway 55 / Olson Memorial Highway Highway 55 / Olson M emorial Highway H ig h w a y 5 5 / O l s o n M e m o r ia l H ig h w a y 0 1,800 3,600900 Feet IPrint Date: 11/18/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021).-City of Golden Valley for all other layers. Assembly Institutional Zoning Proposed Subdistrict (I-A) Assembly: Places of Worship, Schools, Libraries, Museums, Cemeteries: Assembly !!!!! !!!!! ! ! !!!!!! !!!! !!!!!!!!!!!!!! ! ! !!!! ! ! ! !!!!!!!! ! !!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!! ! ! ! !!!!!! !!!!!!!!!!!!!!! !!!!!!!!!! ! !!!!C I T Y O F C R Y S T A L C I T Y O F R O B B I N S D A L E CITY OF MINNEAPOLISC I T Y O F S T . L O U I S P A R K CITY OF MINNEAPOLISCITY OFST. LOUIS PARKCITY OF ROBBINSDALECITY OF CRYSTAL CITY OF ST. LOUIS PARK C I T Y O F N E W H O P E CITY OF PLYMOUTHCITY OF MINNEAPOLISC I T Y O F S T . L O U I S P A R KCITY OFPLYMOUTH456766 456770 456766 456740 456740 4567156 4567102 §¨¦394 §¨¦394 Æÿ55 Æÿ55 Æÿ100 Æÿ100 £¤169 £¤169 Laurel Ave Duluth St 10th Ave N Regent Ave NNoble Ave NOlympia St Western Ave Culver Rd 23rd Ave N Kelly DrWayzata Blvd Knoll St Plym outh Ave N Sumter Ave NPennsylvania Ave NN Frontage Rd S cottQuebec Ave NValders Ave NCountry Club Dr 26th Ave N Sandburg Rd Zane Ave NM anor D rWinsdale St Brunswick Ave N34th Ave N Boone Ave NEarl St Rd A veNBridgewaterRdTryo l T ra ilFlorida Ave NHanley RdGolden Hills Dr Lowry Ter Winnetka Ave SXerxes Ave NIndependence Ave NMajorDrZenith Ave NFlag Ave NWestwood Dr SWestbend Rd Sumter Ave SHampshire L nOrchard Ave NCircle Down Lindsay St NobleDrPoplar DrAve Heights Dr Heights Dr S Frontage R d DresdenLnLeg endDrFrontage RdBrookridgeAveNWinnetka Ave NLawn TerNatchez Ave SGettysburg Ave NMarket St Naper St Decatur Ave N Oregon Ave NK e w a n e e Wa y Pennsylvania Ave SDona Ln ArdmoreDrGlenwo o d P k w y Tryol T railWestbrook Rd Mc N air D r Phoenix St Ottawa Ave NThotland Rd Wisconsin Ave NUtah Ave SJersey Ave SBies DrWills PlColo n ial DrEdgewood Ave NB a ss ett C re e k DrAdair Ave NJune Ave SNevada Ave NHarold Ave BrookviewPkwyN Wynnwood Rd Lee Ave NT urners CrossroadNAquil aAveNMendelssohn Ave NBrookview Pkwy SE l m daleRd M e a nderRd Jersey Ave NSorell Ave Dakota Ave SVista DrKyleAveNWindsorWayAve SGoldenValley R o a d /C oun ty R o ad 66Highway 100Ros eMaryland Ave NAlfred Rd Cortlawn Cir SIdaho Ave NIndianaAve N7th Ave N Rhode Island Ave NBrunswick Ave SZane Ave NBurntsideDrRoanokeRd WoodstockAve PerryAveNAve NTrailMedl e y L n Georgia Ave NWally St C utacross R d Xenia Ave NHampshireKillarney DrKentucky Ave SJune Ave NZephyr PlLouisiana Ave SCloverLnCl o verlea fDr Clo v e rle afDrLil acLoop MaryHillsDrFloridaAveSXylonAveNDecaturAveNKent uckyAveNTopelRd YorkAve NGreenValley Rd Chatela in T er N o r m a n d y Bonni e LnElgin Pl MerribeeDr Louisiana Ave NDuluthLn Marie Ln E Kalt ern LnOrkla DrLilacDrNToledoAveNM a rkayRidge Westbend Rd FairlawnWayG o ld enValle y R d Nevada Ave SMarieLn W WestmoreWay WolfberryLn HamptonRd YukonCtHampshireAve NKentleyAve Cortlawn Cir WWinnetka OregonAve SPlUnityAveNB a s s e t t C reek Dr BassettCreek Ln M i nnaq u a D rToledoA v e NWinfieldAveUnity Ave NBr e n n e rPa s s FaribaultSt ArcherAve N AdelineLn K i n g s t o n C i r G o ld e n V a lle y D r VarnerCirValders Ct G re e n v ie wL n Hampshire Ave NWinnetka Phoenix St Duluth St Wayzata BlvdWisconsinAveN Adell A v e MajorAveNZealandAveNEnsignAveNKelly DrXerxes Ave NKnoll St Lilac Dr NFlag Ave NRhode Island Ave NPlymouth Ave N Wayzata Blvd G o lden Valley R d Orkla DrWayzata BlvdAve NZealandAveNS tCroixCirLeeAveNLamplighterLnSandbur g LnMadisonAve W Lewis RdLilac Dr NHampton Rd Elgin Pl Boone Ave NCircleDownJersey Ave NWinsdale St OttawaAve NOlympia St Winnetka Heights Dr Lila c Dr NLouisiana Ave NKyleAveNNoble AveManor 1 0th A v e N RhodeIslandAveSHalfMoonDr OrdwayLaurel Pt Loring Ln Winsdale StZane Ave NHarold Ave FloridaAve NJerseyAve NParkview TerPhoenix StWisconsin Ave NW a y z ataBlvd FranceAve NHiddenLakes P k wyIsland DrTryol Trail Maryla n dAveNMedicine Lake Road / County Road 70 B e t t y CrockerDr RidgewayRdRhodeIslandAveNTerrace LnCastle CtFieldIndiana Ave NSchaper Rd Colonial Rd 24th Ave N 27th Ave N SussexRdKing Hill RdConstance Dr W25th Ave N SpringValley CirFrontena cAve SkylineDrSkyline DrHampshirePlCavellAveN Laurel Ave S ki H ill R d Me ri di a nDr WesternTerLouisianaAve NColoradoS t M a rg a re t D rRoanoke CirCherokeeOak GroveQuebecAve SKennethWay WasatchLnWelcomeTyrolCrest CortlawnCir N NatchezAveNBu r n t s i d e DrG o ld e n V a lle yRdGeneralMillsBlvdE d g e w o o d A v e SEdgewood Ave SEllis LnJonellen Ln WestwoodLn Gregory Crestvi ewAveColoradoWi s c ons i n Ave SValley-woodCir Maryland Ave SMedicine Lake Road / County Road 70 SchullerGettysburgCt Vermont Ave SFloridaCtMajorCir PrincetonAve SValery RdBrogger CirGardenPark QuailAve NOrchardLouisiana Ave SWestern Ave Perry Ave NIdaho Ave NWayzata BlvdValders Ave NValders Ave NYosemiteAve NWinsdale St Decatur Ave NNatchezAve SG le n w o o d P k w y OttawaAve SEdgewoodAve NSpringValleyRdSt Croix AveN WaterfordDrMendelssohn Ave NManches te r Dr HeritageCir StCroix Ave N W el comeWinnetka Avenue North / County Road 156Douglas Drive / County Road 1021 Highway 1693 S F r ontage Rd DuluthStreet /Count y R o ad 66 LaurelCurvEnsign Ave NOrchardAve NIdaho Ave NKnoll WestbrookRd Winsdale St BrunswickScott Ave NWynnwood Rd HillsboroAve NSunsetRid g e Dr Que bec St OttawaAveSAngeloDrWoodlandTrailHiddenLakes P k wyWinsdale St AlpinePas sAvondale Rd Dou glasAve QuentinAveSRavineMaddausLn LnKyle PlUnity Ave NToledoAveNSpruce TrWes t chesterCirC irCt WaterfordScottAveNDawnviewTerDawnview Ter C onstanceDrELilac Dr NPlymouth Ave NWisconsinAveNMedley Rd 6 PaisleyLnGl e ndenTer P l Noble Ave NTer B yrd A v e N P ark vie wBl v dY ork AveNMeadowLnSLilac Dr NAve NDuluth St Patsy Ln 2 3 H illsboroINDEX 1 - English Cir 2 - Kings Valley Rd 3 - Kings Valley Rd E 4 - Kings Valley Rd W 5 - Marquis Rd 6 - Mayfair Rd 7 - Stroden Cir 8 - Tamarin Tr CarriagePath M e n d e ls s o h n L n N ValeCrestRdCir Cir TyrolTrail Janalyn Cir Glencrest RdJanalynCir StrawberryLn WestwoodDrNBe verly A v e Leber SunnyridgeLnMeadow Ln NMeadowLn N Dahlberg D r Woodstock Ave Lilac DrNN Frontage R dHeath-brookeCir Legend Ln Bassett C reekD r Glenwood Avenue /Co u n ty R oad40WelcomeAveNWesleyCommons DrTheod o r e W i r th PkwyQuailAveNPerryAveNQuailAveNRegentAveNScottA v eN33rd Ave N L o wry Drake R d T r it on Dr GlenwoodAvePennsylvania Ave NG o ldenV alleyR dJulianne Ter WesleyDr 4 5 6 7 8 8 2 2AveN ZealandAve NZealandAveNAquilaAveN Aquila Ave NM a ndanA v eNPlymouth Ave N OrklaDrKnol l S t Orkl a DrValders Ave NMedley Cir AveS Ewald T e rK in g CreekRdH aroldAve LoringLn Woodstoc k A v e Yosemite CirYosemiteAveNXeniaAveSTurners Crossroad SRadisson Rd Turnp i keRdTurnpikeRd B a s s ett Cre ekB l vdP a isleyLnPaisleyLn Alley AlleyHi ghway 100Highway 169I n t e r s t a t e -3 9 4 / H i g h w a y 1 2 In ters ta te-3 9 4 / Hig h way 1 2 Highway 55 / Olson Memorial Highway Highway 55 / Olson M emorial Highway H ig h w a y 5 5 / O l s o n M e m o r ia l H ig h w a y 0 1,800 3,600900 Feet IPrint Date: 11/18/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021).-City of Golden Valley for all other layers. Civic Institutional Zoning Proposed Subdistrict (I-C) Civic: City, County, and State Facilities !!!!! !!!!! ! ! !!!!!! !!!! !!!!!!!!!!!!!! ! ! !!!! ! ! ! !!!!!!!! ! !!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!! ! ! ! !!!!!! !!!!!!!!!!!!!!! !!!!!!!!!! ! !!!!C I T Y O F C R Y S T A L C I T Y O F R O B B I N S D A L E CITY OF MINNEAPOLISC I T Y O F S T . L O U I S P A R K CITY OF MINNEAPOLISCITY OFST. LOUIS PARKCITY OF ROBBINSDALECITY OF CRYSTAL CITY OF ST. LOUIS PARK C I T Y O F N E W H O P E CITY OF PLYMOUTHCITY OF MINNEAPOLISC I T Y O F S T . L O U I S P A R KCITY OFPLYMOUTH456766 456770 456766 456740 456740 4567156 4567102 §¨¦394 §¨¦394 Æÿ55 Æÿ55 Æÿ100 Æÿ100 £¤169 £¤169 Laurel Ave Duluth St 10th Ave N Regent Ave NNoble Ave NOlympia St Western Ave Culver Rd 23rd Ave N Kelly DrWayzata Blvd Knoll St Plym outh Ave N Sumter Ave NPennsylvania Ave NN Frontage Rd S cottQuebec Ave NValders Ave NCountry Club Dr 26th Ave N Sandburg Rd Zane Ave NM anor D rWinsdale St Brunswick Ave N34th Ave N Boone Ave NEarl St Rd A veNBridgewaterRdTryo l T ra ilFlorida Ave NHanley RdGolden Hills Dr Lowry Ter Winnetka Ave SXerxes Ave NIndependence Ave NMajorDrZenith Ave NFlag Ave NWestwood Dr SWestbend Rd Sumter Ave SHampshire L nOrchard Ave NCircle Down Lindsay St NobleDrPoplar DrAve Heights Dr Heights Dr S Frontage R d DresdenLnLeg endDrFrontage RdBrookridgeAveNWinnetka Ave NLawn TerNatchez Ave SGettysburg Ave NMarket St Naper St Decatur Ave N Oregon Ave NK e w a n e e Wa y Pennsylvania Ave SDona Ln ArdmoreDrGlenwo o d P k w y Tryol T railWestbrook Rd Mc N air D r Phoenix St Ottawa Ave NThotland Rd Wisconsin Ave NUtah Ave SJersey Ave SBies DrWills PlColo n ial DrEdgewood Ave NB a ss ett C re e k DrAdair Ave NJune Ave SNevada Ave NHarold Ave BrookviewPkwyN Wynnwood Rd Lee Ave NT urners CrossroadNAquil aAveNMendelssohn Ave NBrookview Pkwy SE l m daleRd M e a nderRd Jersey Ave NSorell Ave Dakota Ave SVista DrKyleAveNWindsorWayAve SGoldenValley R o a d /C oun ty R o ad 66Highway 100Ros eMaryland Ave NAlfred Rd Cortlawn Cir SIdaho Ave NIndianaAve N7th Ave N Rhode Island Ave NBrunswick Ave SZane Ave NBurntsideDrRoanokeRd WoodstockAve PerryAveNAve NTrailMedl e y L n Georgia Ave NWally St C utacross R d Xenia Ave NHampshireKillarney DrKentucky Ave SJune Ave NZephyr PlLouisiana Ave SCloverLnCl o verlea fDr Clo v e rle afDrLil acLoop MaryHillsDrFloridaAveSXylonAveNDecaturAveNKent uckyAveNTopelRd YorkAve NGreenValley Rd Chatela in T er N o r m a n d y Bonni e LnElgin Pl MerribeeDr Louisiana Ave NDuluthLn Marie Ln E Kalt ern LnOrkla DrLilacDrNToledoAveNM a rkayRidge Westbend Rd FairlawnWayG o ld enValle y R d Nevada Ave SMarieLn W WestmoreWay WolfberryLn HamptonRd YukonCtHampshireAve NKentleyAve Cortlawn Cir WWinnetka OregonAve SPlUnityAveNB a s s e t t C reek Dr BassettCreek Ln M i nnaq u a D rToledoA v e NWinfieldAveUnity Ave NBr e n n e rPa s s FaribaultSt ArcherAve N AdelineLn K i n g s t o n C i r G o ld e n V a lle y D r VarnerCirValders Ct G re e n v ie wL n Hampshire Ave NWinnetka Phoenix St Duluth St Wayzata BlvdWisconsinAveN Adell A v e MajorAveNZealandAveNEnsignAveNKelly DrXerxes Ave NKnoll St Lilac Dr NFlag Ave NRhode Island Ave NPlymouth Ave N Wayzata Blvd G o lden Valley R d Orkla DrWayzata BlvdAve NZealandAveNS tCroixCirLeeAveNLamplighterLnSandbur g LnMadisonAve W Lewis RdLilac Dr NHampton Rd Elgin Pl Boone Ave NCircleDownJersey Ave NWinsdale St OttawaAve NOlympia St Winnetka Heights Dr Lila c Dr NLouisiana Ave NKyleAveNNoble AveManor 1 0th A v e N RhodeIslandAveSHalfMoonDr OrdwayLaurel Pt Loring Ln Winsdale StZane Ave NHarold Ave FloridaAve NJerseyAve NParkview TerPhoenix StWisconsin Ave NW a y z ataBlvd FranceAve NHiddenLakes P k wyIsland DrTryol Trail Maryla n dAveNMedicine Lake Road / County Road 70 B e t t y CrockerDr RidgewayRdRhodeIslandAveNTerrace LnCastle CtFieldIndiana Ave NSchaper Rd Colonial Rd 24th Ave N 27th Ave N SussexRdKing Hill RdConstance Dr W25th Ave N SpringValley CirFrontena cAve SkylineDrSkyline DrHampshirePlCavellAveN Laurel Ave S ki H ill R d Me ri di a nDr WesternTerLouisianaAve NColoradoS t M a rg a re t D rRoanoke CirCherokeeOak GroveQuebecAve SKennethWay WasatchLnWelcomeTyrolCrest CortlawnCir N NatchezAveNBu r n t s i d e DrG o ld e n V a lle yRdGeneralMillsBlvdE d g e w o o d A v e SEdgewood Ave SEllis LnJonellen Ln WestwoodLn Gregory Crestvi ewAveColoradoWi s c ons i n Ave SValley-woodCir Maryland Ave SMedicine Lake Road / County Road 70 SchullerGettysburgCt Vermont Ave SFloridaCtMajorCir PrincetonAve SValery RdBrogger CirGardenPark QuailAve NOrchardLouisiana Ave SWestern Ave Perry Ave NIdaho Ave NWayzata BlvdValders Ave NValders Ave NYosemiteAve NWinsdale St Decatur Ave NNatchezAve SG le n w o o d P k w y OttawaAve SEdgewoodAve NSpringValleyRdSt Croix AveN WaterfordDrMendelssohn Ave NManches te r Dr HeritageCir StCroix Ave N W el comeWinnetka Avenue North / County Road 156Douglas Drive / County Road 1021 Highway 1693 S F r ontage Rd DuluthStreet /Count y R o ad 66 LaurelCurvEnsign Ave NOrchardAve NIdaho Ave NKnoll WestbrookRd Winsdale St BrunswickScott Ave NWynnwood Rd HillsboroAve NSunsetRid g e Dr Que bec St OttawaAveSAngeloDrWoodlandTrailHiddenLakes P k wyWinsdale St AlpinePas sAvondale Rd Dou glasAve QuentinAveSRavineMaddausLn LnKyle PlUnity Ave NToledoAveNSpruce TrWes t chesterCirC irCt WaterfordScottAveNDawnviewTerDawnview Ter C onstanceDrELilac Dr NPlymouth Ave NWisconsinAveNMedley Rd 6 PaisleyLnGl e ndenTer P l Noble Ave NTer B yrd A v e N P ark vie wBl v dY ork AveNMeadowLnSLilac Dr NAve NDuluth St Patsy Ln 2 3 H illsboroINDEX 1 - English Cir 2 - Kings Valley Rd 3 - Kings Valley Rd E 4 - Kings Valley Rd W 5 - Marquis Rd 6 - Mayfair Rd 7 - Stroden Cir 8 - Tamarin Tr CarriagePath M e n d e ls s o h n L n N ValeCrestRdCir Cir TyrolTrail Janalyn Cir Glencrest RdJanalynCir StrawberryLn WestwoodDrNBe verly A v e Leber SunnyridgeLnMeadow Ln NMeadowLn N Dahlberg D r Woodstock Ave Lilac DrNN Frontage R dHeath-brookeCir Legend Ln Bassett C reekD r Glenwood Avenue /Co u n ty R oad40WelcomeAveNWesleyCommons DrTheod o r e W i r th PkwyQuailAveNPerryAveNQuailAveNRegentAveNScottA v eN33rd Ave N L o wry Drake R d T r it on Dr GlenwoodAvePennsylvania Ave NG o ldenV alleyR dJulianne Ter WesleyDr 4 5 6 7 8 8 2 2AveN ZealandAve NZealandAveNAquilaAveN Aquila Ave NM a ndanA v eNPlymouth Ave N OrklaDrKnol l S t Orkl a DrValders Ave NMedley Cir AveS Ewald T e rK in g CreekRdH aroldAve LoringLn Woodstoc k A v e Yosemite CirYosemiteAveNXeniaAveSTurners Crossroad SRadisson Rd Turnp i keRdTurnpikeRd B a s s ett Cre ekB l vdP a isleyLnPaisleyLn Alley AlleyHi ghway 100Highway 169I n t e r s t a t e -3 9 4 / H i g h w a y 1 2 In ters ta te-3 9 4 / Hig h way 1 2 Highway 55 / Olson Memorial Highway Highway 55 / Olson M emorial Highway H ig h w a y 5 5 / O l s o n M e m o r ia l H ig h w a y 0 1,800 3,600900 Feet IPrint Date: 11/18/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021).-City of Golden Valley for all other layers. Medical Institutional Zoning Proposed Subdistrict (I-M) Medical: Convalescent Homes, Nursing Homes, Hospitals !!!!! !!!!! ! ! !!!!!! !!!! !!!!!!!!!!!!!! ! ! !!!! ! ! ! !!!!!!!! ! !!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!! ! ! ! !!!!!! !!!!!!!!!!!!!!! !!!!!!!!!! ! !!!!C I T Y O F C R Y S T A L C I T Y O F R O B B I N S D A L E CITY OF MINNEAPOLISC I T Y O F S T . L O U I S P A R K CITY OF MINNEAPOLISCITY OFST. LOUIS PARKCITY OF ROBBINSDALECITY OF CRYSTAL CITY OF ST. LOUIS PARK C I T Y O F N E W H O P E CITY OF PLYMOUTHCITY OF MINNEAPOLISC I T Y O F S T . L O U I S P A R KCITY OFPLYMOUTH456766 456770 456766 456740 456740 4567156 4567102 §¨¦394 §¨¦394 Æÿ55 Æÿ55 Æÿ100 Æÿ100 £¤169 £¤169 Laurel Ave Duluth St 10th Ave N Regent Ave NNoble Ave NOlympia St Western Ave Culver Rd 23rd Ave N Kelly DrWayzata Blvd Knoll St Plym outh Ave N Sumter Ave NPennsylvania Ave NN Frontage Rd S cottQuebec Ave NValders Ave NCountry Club Dr 26th Ave N Sandburg Rd Zane Ave NM anor D rWinsdale St Brunswick Ave N34th Ave N Boone Ave NEarl St Rd A veNBridgewaterRdTryo l T ra ilFlorida Ave NHanley RdGolden Hills Dr Lowry Ter Winnetka Ave SXerxes Ave NIndependence Ave NMajorDrZenith Ave NFlag Ave NWestwood Dr SWestbend Rd Sumter Ave SHampshire L nOrchard Ave NCircle Down Lindsay St NobleDrPoplar DrAve Heights Dr Heights Dr S Frontage R d DresdenLnLeg endDrFrontage RdBrookridgeAveNWinnetka Ave NLawn TerNatchez Ave SGettysburg Ave NMarket St Naper St Decatur Ave N Oregon Ave NK e w a n e e Wa y Pennsylvania Ave SDona Ln ArdmoreDrGlenwo o d P k w y Tryol T railWestbrook Rd Mc N air D r Phoenix St Ottawa Ave NThotland Rd Wisconsin Ave NUtah Ave SJersey Ave SBies DrWills PlColo n ial DrEdgewood Ave NB a ss ett C re e k DrAdair Ave NJune Ave SNevada Ave NHarold Ave BrookviewPkwyN Wynnwood Rd Lee Ave NT urners CrossroadNAquil aAveNMendelssohn Ave NBrookview Pkwy SE l m daleRd M e a nderRd Jersey Ave NSorell Ave Dakota Ave SVista DrKyleAveNWindsorWayAve SGoldenValley R o a d /C oun ty R o ad 66Highway 100Ros eMaryland Ave NAlfred Rd Cortlawn Cir SIdaho Ave NIndianaAve N7th Ave N Rhode Island Ave NBrunswick Ave SZane Ave NBurntsideDrRoanokeRd WoodstockAve PerryAveNAve NTrailMedl e y L n Georgia Ave NWally St C utacross R d Xenia Ave NHampshireKillarney DrKentucky Ave SJune Ave NZephyr PlLouisiana Ave SCloverLnCl o verlea fDr Clo v e rle afDrLil acLoop MaryHillsDrFloridaAveSXylonAveNDecaturAveNKent uckyAveNTopelRd YorkAve NGreenValley Rd Chatela in T er N o r m a n d y Bonni e LnElgin Pl MerribeeDr Louisiana Ave NDuluthLn Marie Ln E Kalt ern LnOrkla DrLilacDrNToledoAveNM a rkayRidge Westbend Rd FairlawnWayG o ld enValle y R d Nevada Ave SMarieLn W WestmoreWay WolfberryLn HamptonRd YukonCtHampshireAve NKentleyAve Cortlawn Cir WWinnetka OregonAve SPlUnityAveNB a s s e t t C reek Dr BassettCreek Ln M i nnaq u a D rToledoA v e NWinfieldAveUnity Ave NBr e n n e rPa s s FaribaultSt ArcherAve N AdelineLn K i n g s t o n C i r G o ld e n V a lle y D r VarnerCirValders Ct G re e n v ie wL n Hampshire Ave NWinnetka Phoenix St Duluth St Wayzata BlvdWisconsinAveN Adell A v e MajorAveNZealandAveNEnsignAveNKelly DrXerxes Ave NKnoll St Lilac Dr NFlag Ave NRhode Island Ave NPlymouth Ave N Wayzata Blvd G o lden Valley R d Orkla DrWayzata BlvdAve NZealandAveNS tCroixCirLeeAveNLamplighterLnSandbur g LnMadisonAve W Lewis RdLilac Dr NHampton Rd Elgin Pl Boone Ave NCircleDownJersey Ave NWinsdale St OttawaAve NOlympia St Winnetka Heights Dr Lila c Dr NLouisiana Ave NKyleAveNNoble AveManor 1 0th A v e N RhodeIslandAveSHalfMoonDr OrdwayLaurel Pt Loring Ln Winsdale StZane Ave NHarold Ave FloridaAve NJerseyAve NParkview TerPhoenix StWisconsin Ave NW a y z ataBlvd FranceAve NHiddenLakes P k wyIsland DrTryol Trail Maryla n dAveNMedicine Lake Road / County Road 70 B e t t y CrockerDr RidgewayRdRhodeIslandAveNTerrace LnCastle CtFieldIndiana Ave NSchaper Rd Colonial Rd 24th Ave N 27th Ave N SussexRdKing Hill RdConstance Dr W25th Ave N SpringValley CirFrontena cAve SkylineDrSkyline DrHampshirePlCavellAveN Laurel Ave S ki H ill R d Me ri di a nDr WesternTerLouisianaAve NColoradoS t M a rg a re t D rRoanoke CirCherokeeOak GroveQuebecAve SKennethWay WasatchLnWelcomeTyrolCrest CortlawnCir N NatchezAveNBu r n t s i d e DrG o ld e n V a lle yRdGeneralMillsBlvdE d g e w o o d A v e SEdgewood Ave SEllis LnJonellen Ln WestwoodLn Gregory Crestvi ewAveColoradoWi s c ons i n Ave SValley-woodCir Maryland Ave SMedicine Lake Road / County Road 70 SchullerGettysburgCt Vermont Ave SFloridaCtMajorCir PrincetonAve SValery RdBrogger CirGardenPark QuailAve NOrchardLouisiana Ave SWestern Ave Perry Ave NIdaho Ave NWayzata BlvdValders Ave NValders Ave NYosemiteAve NWinsdale St Decatur Ave NNatchezAve SG le n w o o d P k w y OttawaAve SEdgewoodAve NSpringValleyRdSt Croix AveN WaterfordDrMendelssohn Ave NManches te r Dr HeritageCir StCroix Ave N W el comeWinnetka Avenue North / County Road 156Douglas Drive / County Road 1021 Highway 1693 S F r ontage Rd DuluthStreet /Count y R o ad 66 LaurelCurvEnsign Ave NOrchardAve NIdaho Ave NKnoll WestbrookRd Winsdale St BrunswickScott Ave NWynnwood Rd HillsboroAve NSunsetRid g e Dr Que bec St OttawaAveSAngeloDrWoodlandTrailHiddenLakes P k wyWinsdale St AlpinePas sAvondale Rd Dou glasAve QuentinAveSRavineMaddausLn LnKyle PlUnity Ave NToledoAveNSpruce TrWes t chesterCirC irCt WaterfordScottAveNDawnviewTerDawnview Ter C onstanceDrELilac Dr NPlymouth Ave NWisconsinAveNMedley Rd 6 PaisleyLnGl e ndenTer P l Noble Ave NTer B yrd A v e N P ark vie wBl v dY ork AveNMeadowLnSLilac Dr NAve NDuluth St Patsy Ln 2 3 H illsboroINDEX 1 - English Cir 2 - Kings Valley Rd 3 - Kings Valley Rd E 4 - Kings Valley Rd W 5 - Marquis Rd 6 - Mayfair Rd 7 - Stroden Cir 8 - Tamarin Tr CarriagePath M e n d e ls s o h n L n N ValeCrestRdCir Cir TyrolTrail Janalyn Cir Glencrest RdJanalynCir StrawberryLn WestwoodDrNBe verly A v e Leber SunnyridgeLnMeadow Ln NMeadowLn N Dahlberg D r Woodstock Ave Lilac DrNN Frontage R dHeath-brookeCir Legend Ln Bassett C reekD r Glenwood Avenue /Co u n ty R oad40WelcomeAveNWesleyCommons DrTheod o r e W i r th PkwyQuailAveNPerryAveNQuailAveNRegentAveNScottA v eN33rd Ave N L o wry Drake R d T r it on Dr GlenwoodAvePennsylvania Ave NG o ldenV alleyR dJulianne Ter WesleyDr 4 5 6 7 8 8 2 2AveN ZealandAve NZealandAveNAquilaAveN Aquila Ave NM a ndanA v eNPlymouth Ave N OrklaDrKnol l S t Orkl a DrValders Ave NMedley Cir AveS Ewald T e rK in g CreekRdH aroldAve LoringLn Woodstoc k A v e Yosemite CirYosemiteAveNXeniaAveSTurners Crossroad SRadisson Rd Turnp i keRdTurnpikeRd B a s s ett Cre ekB l vdP a isleyLnPaisleyLn Alley AlleyHi ghway 100Highway 169I n t e r s t a t e -3 9 4 / H i g h w a y 1 2 In ters ta te-3 9 4 / Hig h way 1 2 Highway 55 / Olson Memorial Highway Highway 55 / Olson M emorial Highway H ig h w a y 5 5 / O l s o n M e m o r ia l H ig h w a y 0 1,800 3,600900 Feet IPrint Date: 11/18/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021).-City of Golden Valley for all other layers. Parks and NaturalAreas Institutional Zoning Proposed Subdistrict (I-P) Parks & Natural Areas: Parks, Playgrounds, Natural Areas, Golf Courses ORDINANCE NO. 729 AN ORDINANCE AMENDING THE CITY CODE CHAPTER 113 Rezoning Certain Properties in the Institutional Zoning District to Reflect New Sub-classification The City Council for the City of Golden Valley hereby ordains: Section 1. City Code chapter 113 entitled “Zoning” is amended in Section 113-55 Subd. (b) by changing the zoning designation of certain tracts of land as follows: To Institutional - Assembly Address/Parcel ID Existing Zoning Proposed Zoning 6731 Golden Valley Road I-2 I-A 200 Lilac Drive North I-3 I-A 830 Winnetka Avenue North I-2 I-A 2575 Winnetka Avenue North I-5 I-A 4865 Bassett Creek Drive I-1 I-A 4735 Bassett Creek Drive I-1 I-A 6000 Duluth Street I-1 I-A 5501 Glenwood Avenue I-1 I-A 5501 Glenwood Avenue I-1 I-A 5431 Glenwood Avenue I-1 I-A 5400 Glenwood Avenue I-1 I-A 4000 Golden Valley Road I-1 I-A 5920 Golden Valley Road I-1 I-A 5920 Golden Valley Road I-1 I-A 7520 Golden Valley Road I-1 I-A 7600 Harold Avenue I-1 I-A 7600 Harold Avenue I-1 I-A 145 Jersey Avenue South I-1 I-A 515 Jersey Avenue South I-1 I-A 1751 Kelly Drive I-1 I-A 3100 Lilac Drive North I-1 I-A 1300 Lilac Drive North I-1 I-A 8025 Medicine Lake Road I-1 I-A 2601 Noble Avenue North I-1 I-A 4210 Olson Memorial Highway I-1 I-A 6125 Olson Memorial Highway I-1 I-A 6115 Olson Memorial Highway I-1 I-A 123 Ottawa Avenue North I-1 I-A 831 Pennsylvania Avenue North I-1 I-A 855 Pennsylvania Avenue North I-1 I-A 2400 Sandburg Lane I-1 I-A 5340 Triton Drive I-1 I-A 5350 Triton Drive I-1 I-A 21 Turners Crossroad South I-1 I-A 1501 Xerxes Avenue North I-1 I-A 1501 Xerxes Avenue North I-1 I-A 2225 Zenith Avenue North I-1 I-A PID 1702924210002 I-1 I-A PID 3211821230182 I-1 I-A PID 3211821230185 I-1 I-A PID 3211821410037 I-1 I-A PID 3211821410038 I-1 I-A PID 3211821410039 I-1 I-A PID 3211821410040 I-1 I-A PID 3211821410041 I-1 I-A To Institutional - Civic Address/Parcel ID Existing Zoning Proposed Zoning 5430 Glenwood Avenue I-1 I-C 9400 10th Avenue North I-4 I-C 3700 Golden Valley Road I-4 I-C 7800 Golden Valley Road I-4 I-C 2055 Lilac Drive North I-4 I-C 9300 Naper Street I-4 I-C 400 Turners Crossroad South I-4 I-C 700 Winnetka Avenue North I-4 I-C PID 3111821220014 I-4 I-C PID 3111821220015 I-4 I-C PID 3111821220016 I-4 I-C PID 3111821220017 I-4 I-C PID 3111821220018 I-4 I-C PID 3111821220019 I-4 I-C PID 3111821220020 I-4 I-C PID 3111821220021 I-4 I-C PID 3111821230005 I-4 I-C PID 3111821230006 I-4 I-C To Institutional - Parks and Natural Areas Address/Parcel ID Existing Zoning Proposed Zoning 5750 Duluth Street I-1 I-P 7845 10th Avenue North I-4 I-P 910 Adeline Lane I-4 I-P 4120 Bassett Creek Drive I-4 I-P 8900 Betty Crocker Drive I-4 I-P 2190 Bonnie Lane I-4 I-P 710 Boone Avenue North I-4 I-P 200 Brookview Parkway North I-4 I-P 2415 Byrd Avenue North I-4 I-P 4100 Dahlberg Drive I-4 I-P 7401 Duluth Street I-4 I-P 2331 Ensign Avenue North I-4 I-P 2331 Ensign Avenue North I-4 I-P 1317 Flag Avenue North I-4 I-P 1321 Flag Avenue North I-4 I-P 1313 Flag Avenue North I-4 I-P 1101 Florida Avenue North I-4 I-P 1533 Gettysburg Avenue North I-4 I-P 3275 Glenwood Avenue I-4 I-P 6075 Golden Hills Drive I-4 I-P 7001 Golden Valley Road I-4 I-P 40 Hampshire Avenue North I-4 I-P 1521 Hillsboro Avenue North I-4 I-P 300 Idaho Avenue North I-4 I-P 1605 Independence Avenue North I-4 I-P 1601 Independence Avenue North I-4 I-P 220 Janalyn Circle I-4 I-P 1501 Kaltern Lane I-4 I-P 6900 Laurel Avenue I-4 I-P 7100 Laurel Avenue I-4 I-P 3300 Lilac Drive North I-4 I-P 1610 Louisiana Avenue North I-4 I-P 151 Louisiana Avenue North I-4 I-P 3300 Major Avenue North I-4 I-P 3401 Manor Drive I-4 I-P 401 Meadow Lane South I-4 I-P 208 Meander Road I-4 I-P 1604 Mendelssohn Avenue North I-4 I-P 201 Natchez Avenue North I-4 I-P 301 Natchez Avenue North I-4 I-P 2273 Noble Avenue North I-4 I-P 9201 Olson Memorial Highway I-4 I-P 9450 Olympia Street I-4 I-P 1251 Orkla Drive I-4 I-P 631 Ottawa Avenue North I-4 I-P 8200 Plymouth Avenue North I-4 I-P 8901 Plymouth Avenue North I-4 I-P 3101 Regent Avenue North I-4 I-P 2021 Regent Avenue North I-4 I-P 2301 Rhode Island Avenue North I-4 I-P 2301 Rhode Island Avenue North I-4 I-P 5850 Saint Croix Avenue North I-4 I-P 7100 Sandburg Road I-4 I-P 7101 Sandburg Road I-4 I-P 1241 Theodore Wirth Parkway I-4 I-P 1301 Theodore Wirth Parkway I-4 I-P 1425 Theodore Wirth Parkway I-4 I-P 1251 Theodore Wirth Parkway I-4 I-P 1856 Toledo Avenue North I-4 I-P 1850 Toledo Avenue North I-4 I-P 1854 Toledo Avenue North I-4 I-P 1345 Tyrol Trail I-4 I-P 2600 Unity Avenue North I-4 I-P 1141 Valders Avenue North I-4 I-P 5050 Wayzata Boulevard I-4 I-P 8305 Wesley Drive I-4 I-P 4981 Westbend Road I-4 I-P 7600 Western Avenue I-4 I-P 900 Westwood Drive South I-4 I-P 300 Xenia Avenue South I-4 I-P 351 Yosemite Avenue North I-4 I-P 2130 Zane Avenue North I-4 I-P 1600 Zealand Avenue North I-4 I-P PID 411721220047 I-4 I-P PID 411721220182 I-4 I-P PID 611721130005 I-4 I-P PID 611721130007 I-4 I-P PID 611721130008 I-4 I-P PID 611721140050 I-4 I-P PID 611721240018 I-4 I-P PID 1702924210019 I-4 I-P PID 1702924210062 I-4 I-P PID 1702924230004 I-4 I-P PID 1702924230005 I-4 I-P PID 1702924240002 I-4 I-P PID 1702924240003 I-4 I-P PID 1702924310001 I-4 I-P PID 1702924320001 I-4 I-P PID 1802924220001 I-4 I-P PID 1902924110002 I-4 I-P PID 1902924120001 I-4 I-P PID 1902924130004 I-4 I-P PID 1902924140001 I-4 I-P PID 1902924210001 I-4 I-P PID 1902924210002 I-4 I-P PID 1902924230023 I-4 I-P PID 1902924240025 I-4 I-P PID 2811821310009 I-4 I-P PID 3011821320130 I-4 I-P PID 3111821120068 I-4 I-P PID 3111821210006 I-4 I-P PID 3211821320036 I-4 I-P PID 3211821320037 I-4 I-P PID 3211821320038 I-4 I-P PID 3211821330050 I-4 I-P PID 3211821440031 I-4 I-P PID 3211821440046 I-4 I-P Section 2. 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 3. This ordinance shall take effect form and after its passage and publication as required by law. Adopted by the City Council this 21st day of December, 2021. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/ Theresa J. Schyma Theresa J. Schyma, City Clerk RESOLUTION NO. 21-119 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 729 AN ORDINANCE REZONING CERTAIN PROPERTIES IN THE INSTITUTIONAL ZONING DISTRICT TO REFLECT NEW SUB-CLASSIFICATION WHEREAS, the City has adopted the above referenced amendment of the Golden Valley City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of the publication of the complete text is not justified. NOT THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that the following summary is hereby approved for official publication: SUMMARY PUBLICATION ORDINANCE NO. 729 AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 113: Rezoning Certain Properties in the Institutional Zoning District to Reflect New Sub-classification This is a summary of the provisions of the above Ordinance which has been approved for publication by the City Council. This Ordinance amends the Zoning Map to rezone Institutional properties identified as (I-1), (I-2), (I-4), and (I-5) to new categories labeled Institutional - Assembly, Institutional - Civic, and Institutional – Parks and Natural Areas. A copy of the full text of this Ordinance is available from the City Clerk’s Office. Adopted by the City Council this 21st day of December, 2021. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/ Theresa J. Schyma Theresa J. Schyma, City Clerk Golden Valley City Council Meeting December 21, 2021 Agenda Item 6. A. First Consideration of Ordinance No. 730 Amending City Code Chapter 103 authorizing the City to complete Plumbing Plan Review Prepared By Dan Anderson, Building Official Marc Nevinski, Physical Development Director Summary City Code Chapter 103-1 establishes the adoption by reference of the State Building Code for enforcement by the City, and also sets forth local building related standards. Following a recent review of Chapter 103-1, the Building Official is recommending a modification to the code authorizing the Inspections Division staff to perform plumbing plan reviews. When builders and contractors submit building permit applications, Inspections staff review building plans for compliance with the building code prior to issuing permits. Currently, nearly all projects, other than single family homes, must submit plumbing plans for review and approval to the Minnesota Department of Labor and Industry. This adds considerable time to the permitting process. Bringing plumbing plan review in-house will allow the City to provide a greater service to applicants without the wait times that come with submittals to the State for review. Inspections staff have received pre-delegation approval from the Minnesota Department of Labor and Industry to review commercial plumbing plans, and has the training and licensure required to complete plumbing plan review. The new code language would enable the State to delegate plumbing plan review to the City for multi-family and commercial buildings, in conformance with the attached delegation agreement. Plumbing plan submittals for the following building types would still require State plan review unless delegated by the state to city for review: • State licensed facilities as defined in Minn. Stat. § 326B.103, subd. 13 (“‘State licensed facility’ means a building and its grounds that are licensed by the state as a hospital, nursing home, supervised living facility, free-standing outpatient surgical center, correctional facility, boarding care home, or residential hospice.”). • Public buildings as defined in Minn. Stat. § 326B, subd. 11 (“‘Public building’ means a building and its grounds the cost of which is paid for by the state or a state agency regardless of its cost, City Council Regular Meeting Executive Summary City of Golden Valley December 21, 2021 2 and a building project for a school district or charter school the cost of which is $100,000 or more.”). • Projects of a special nature for which department review is requested by either municipality or the State Financial or Budget Considerations Following modification of the code, plumbing plan review will be completed by City Inspections staff and the plan review fees will be paid to the City rather than the State. No additional positions or resources are required to implement plumbing plan review. Recommended Action Motion to adopt First Consideration of Ordinance No. 730 Amending Section 103-1: Building Code Adopted; and Adding Section 103-1.5: Plumbing, Plans, and Inspections. Supporting Documents • Ordinance No. 730 Amending Section 103-1: Building Code Adopted; and Adding Section 103- 1.5: Plumbing, Plans, and Inspections (2 pages) • Plumbing Plan Review Agreement Application (2 pages) ORDINANCE NO. 730 AN ORDINANCE AMENDING THE CITY CODE Amending Section 103-1: Building code adopted Adding Section 103-1.5 Plumbing, plans and specification, and inspections The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 103-1 is amended to read as follows: (a) Code Adopted By Reference. The Minnesota State Building Code, as adopted by the Commissioner of Administration Labor and Industry pursuant to Minn. Stats. ch. 326B, including all of the amendments, rules and regulations established, adopted and published from time to time by the State Commissioner of Labor and Industry is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this section. The Minnesota State Building Code is hereby incorporated in this section as if fully set out herein. Section 2. City Code Section 103-1.5 is added to read as follows: Sec. 103-1.5. Plumbing, plans and specifications, and inspections. (a) All plumbing on private property within the city must comply with the provisions of the state building code and this article. (b) Plans and specifications. Prior to the installation of a system of plumbing other than for a single-family dwelling, complete plans and specifications, together with any additional information that the building official may require, must be submitted and approved by the building official. Construction cannot proceed except in accordance with approved plans and specifications. Any alteration, extension, or repair of an existing system is subject to these same requirements, unless waived by the building official in accordance with Minn. Rules, part 1300.0215. (c) Exceptions. Pursuant to Minn. Stat. § 326B.43, subd. 2(n), plumbing plans and specifications for the following projects must be submitted to the Minnesota Department of Labor and Industry for a full plan review: (1) State-licensed facilities as defined in Minn. Stat. § 326B.103, subd. 13; (2) Public buildings as defined in Minn. Stat. § 326B.103, subd. 11; and (3) Projects of a special nature for which department review is requested by either the municipality or the state. (d) Inspections. New plumbing systems or parts of existing plumbing systems that have been altered, extended, or repaired shall be inspected, tested, and approved by the building official in accordance with Minn. Rules, part 1300.0215 before the plumbing system is put into use. The building official shall perform the final inspection and witness the test. The building official shall approve the plumbing system if the system complies with the requirements of this Code, any permit requirements, and the requirements of any approved plans and specification. Plumbing system tests shall comply with Minn. Rules, Chapter 4714. Ordinance No. 730 -2- (e) Covering of work. No building drainage or plumbing system or part thereof shall be covered until it has been inspected, tested, and approved as herein prescribed. Section 3. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 4th day of January 2022. Shepard M. Harris, Mayor ATTEST: Theresa J. Schyma, City Clerk P a g e 1 | 2 Minnesota Department of Labor and Industry Construction Codes and Licensing Division Plumbing Plan Review 443 Lafayette Road North St. Paul, MN 55155 Phone: (651) 284-5063 www.dli.mn.gov Plumbing Plan Review Agreement Application Under Minnesota Statutes, section 326B.43, subd. 2, the commissioner of the Department of Labor and Industry (DLI) may enter into an agreement with a municipality, in which the municipality agrees to perform plan review and specifications of plumbing systems in their jurisdiction subject to statutory requirements. Certain types of plans must still be submitted to DLI. To request a formal plumbing plan review agreement, this application and all requested documents must be completed and submitted to: Judy.Tacheny@state.mn.us. Incomplete application will be rejected. 1.MUNICIPALITY INFORMATION MUNICIPALITY NAME DATE ADDRESS EMAIL CITY STATE ZIP CODE PHONE BUILDING OFFICIAL NAME MAILING ADDRESS PHONE CITY STATE ZIP CODE E-MAIL APPROVED PLUMBING PLAN REVIEWER(S). If reviewer is contracted through a private company, check here and submit contract for review. NAME LICENSE # E-MAIL/PHONE NAME LICENSE # E-MAIL/PHONE 2. REQUIRED DOCUMENTS THAT MUST BE ADOPTED BY ORDINANCES Submit copies of following relevant ordinances: 1.The ordinance in which the municipality adopts the Minnesota Plumbing Code. (Adoption of the Minnesota State Building Code by ordinance includes adoption of the Minnesota Plumbing Code, Chapter 4714.) 2.The ordinance that requires plumbing plans and specifications to be submitted, reviewed, and approved by the municipality . The ordinance must clearly state exceptions for projects listed in Minnesota Statutes, section 326B.43 subd. 2(n) as listed below as those must be submitted to DLI for plan review. Plumbing plans and specifications for the following projects shall be submitted to DLI for plan review. a)State-licensed facilities (as defined in section 326B.103, subd. 13). b)Public buildings (as defined in section 326B.103, subd. 11). c)Projects of a special nature for which department review is requested by either the municipality or the state. 3.The ordinance that authorizes the municipality to perform plumbing inspections required by the Minnesota Plumbing Code. (Plumbing inspections, testing, and permits are subject to Minn. Rules, part 1300.0215, subparts 1 through 5.) 4.The ordinance that authorizes the municipality to administer and enforce the Minnesota Plumbing Code in accordance with Minnesota Statutes, section 326B.121. (Enforcing the Minnesota State Building Code by ordinance automatically includes and requires enforcement of the Minnesota Plumbing Code.) Copies of the above required ordinances must be submitted with this application to be considered. P a g e 2 | 2 3. AGREEMENT Upon approval of the application by the commissioner, the municipality agrees (see Minn. Stat. § 326B.43, subd. 2): 1.To review plumbing plans and specifications for all construction for which requires review and approval of plumbing plans and spe cifications per Minnesota Rules, part 1300.0215, subpart 6, except all plumbing plans and specifications for the following types of projects (state) within the municipality must be forwarded to the DLI for review: a)State-licensed facilities (See Minn.Stat. § 326b.103, subd. 13); b)public buildings (See Minn.Stat. § 326b.103, subd. 11); and c)projects of a special nature for which department review is requested by either the municipality or the state. (E.g., Dialysis facilities are an example of projects of a special nature that is reviewed by the state.) Where the municipality forwards to the state for plan review, the municipality shall not collect any fee for plan review, and the commissioner shall collect all applicable fees for plan review. 2.The plan review will: a)Reflect the degree to which the plans and specifications affect the public health and conform to the provisions of the plumbing code; b)ensure that there is no physical connection between water supply systems that are safe for domestic use and those that are unsafe for domestic use; and c)ensure that there is no apparatus through which unsafe water may be discharged or drawn into a safe water supply system. 3.Individuals who perform the plumbing plan reviews for the municipality have passed a competency assessment reviewing plans and specification, are approved by the commissioner and are: a)Licensed master plumbers; b)licensed professional engineers; or c)individuals who are working under the supervision of a licensed professional engineer or licensed master plumber and who are l icensed master or journeyman plumbers or hold a postsecondary degree in engineering. 4.To perform all inspections for projects in which they plan review. Individuals who conduct the plumbing inspections for the municipality are licensed master or journeyman plumbers, or inspectors meeting the competency requirements established in rules adopted under section 3 26B.135, except for individuals who conduct plumbing inspections for the DLI (state) projects listed in item 1 above must be licensed plumbers . 5.Individuals who conduct inspections and the plumbing plan reviews for the municipality shall not have any conflict of inter est in conducting the inspections and the plan reviews. 6.To enforce in its entirety the plumbing code on all projects. 7.To keep official records of all documents received, including plans, specifications, surveys, and plot plans, and of all plan reviews, permits and certificates issued, reports of inspections, and notices issued in connection with plumbing inspections and the review of plu mbing plans. These records shall be maintained in the official records of the municipality for the period required for the retention of public r ecords under Minnesota Statutes, section 138.17, and shall make these records readily available for review at the request of the commissioner. 8.That the municipality does not have in effect the plumbing code or any of ordinances described in Section 2 above at any time after the agreement has been approved, the municipality will notify the commissioner in writing in advance or within 10 days of the changes if advance notice is not possible. 9.If the commissioner determines that the municipality is not properly administering and enforcing the plumbing code or is otherwise not complying with the agreement the commissioner may terminate the agreement in accordance with Minnesota Statutes, section 326B.43, subd. 2(l). 10.Not to revoke, suspend, or place restrictions on any plumbing license issued by the state. Agreement Acknowledgement: MUNICIPAL BUILDING OFFICIAL SIGNATURE NAME DATE CITY ADMINISTER OR CITY CLERK SIGNATURENAME DATE This material can be made available in different forms, such as large print, Braille or on a tape. To request, call 1-800-342-5354. PPRA 2/23/2021 Golden Valley City Council Meeting December 21, 2021 Agenda Item 6. B. Second Consideration of Ordinance No. 726 Modifying the Composition of the Environmental Commission and Approve Modifications to the Environmental Commission Bylaws Prepared By Eric Eckman, Environmental Resources Supervisor Summary The Environmental Commission’s 2021 work plan includes an action involving community outreach and developing partnerships with local students and schools to advance environmental goals. As part of its exploration of this task, the Commission offered the idea of adding a second youth member to the Commission, similar to the City’s Diversity, Equity, and Inclusion Commission and other cities’ environmental commissions (i.e. Edina, St. Louis Park). The Environmental Commission recognizes the need to include many voices and perspectives and the importance of engaging youth in discussions about the environment, climate change, and sustainability as decisions today may directly impact their future. Adding a second youth member will also further the City’s work under GreenStep Cities Best Practice Action 24.6 Resilient Economic and Community Development, Engaging the Next Generation: Engage wide representation of community youth and college students by creating opportunities to participate in city government (including commissions). The Environmental Commission recently a recommendation to City Council to change the Commission bylaws to allow a second youth member. However, before the bylaws can be amended, the ordinance from which they are drawn must be updated. Attached is the ordinance for second consideration. The City Council adopted the first consideration of the Ordinance on December 7, 2021. There were no comments provided by the public. If the second consideration is adopted, the Ordinance will become effective upon publication. Financial or Budget Considerations None City Council Regular Meeting Executive Summary City of Golden Valley December 21, 2021 2 Recommended Action • Motion to adopt the second consideration of Ordinance No. 726 deleting in its entirety City Code Chapter 2 Administration, Article V. Boards and Commissions, Section 2-131 Environmental Commission and replacing with a new Section 2-131. • Motion to approve Modifications to the Environmentmental Commission Bylaws Supporting Documents • Bylaws of the Environmental Commission (3 pages) • Section 2-131 Environmental Commission with strikethrough/underline (1 page) • Ordinance No. 726 (2 pages) BYLAWS Environmental Commission Article I: Purpose, Mission, and Duties The Environmental Commission shall be an advisory commission to the City Council on matters relating to the environment and human health. The Commission shall: • develop and make recommendations to educate the public on environmental regulations, policies, practices and tools • develop and make recommendations as an advisory review body for amendments to or revisions of the City’s Surface Water Management Plan and provide advice as requested by the Council on other city programs and initiatives • review and make recommendations regarding the city’s existing environmental ordinances, policies, and guidelines • develop and make recommendations on management practices for the City’s nature areas, public and private ponding areas, and other such city-owned properties as directed by the City Council • develop and make recommendations regarding waste reduction, recycling, and organics/composting • review and make recommendations on the City's resilience and sustainability policies and actions to address climate variations • participate, as directed by the City Council, in local activities initiated by other public and quasi-public agencies regarding environmental issues • advise and recommend such other functions or procedures as may be assigned to them by the City Code or the Council Article II: Membership, Appointments, Terms, and Officers A. Membership The Commission shall consist of seven regular members, and two voting youth members. Regular members shall be residents of the City. Youth members shall live or attend school within Golden Valley, the Robbinsdale Area District or Hopkins School District and be enrolled in school grades 9 through 12. A vacancy shall be deemed to exist if a member ceases to meet the residency requirements. B. Appointments and Terms Appointments are made effective May 1 of each year. The Council shall appoint regular members of the Commission for three-year staggering terms. Youth members shall be appointed for a one-year term. The terms of Commission members shall be fixed and determined at the time of appointment by the governing ordinance. Emphasis in appointments will be made based on knowledge of environmental issues and their relationships to the natural environment and the quality of life in the City. The City Council shall appoint the members of the Commission and to fill vacancies for unexpired terms. C. Officers The Commission shall elect officers of Chair and Vice-Chair from the Commission membership by its voting members at its regular annual meeting, (no later than the second meeting after May 1 in each year). The Chair and Vice Chair positions rotate, and members may only serve two consecutive years as the Chair or Vice-Chair. Should the office of Chair or Vice-Chair become vacant, the Commission shall elect a successor from its membership at the next regular meeting and such election shall be for the unexpired term of said office. Officers may also delegate the duties of their position to other Commissioners as deemed appropriate by the Commission. Amended and approved June 2, 2020 BYLAWS – Environmental Commission 2 Amended and approved June 2, 2020 Chair responsibilities include: • work with staff liaison to develop meeting agendas • conduct and preside at all meetings in a productive and time-efficient manner • ensure the Commission conducts its activities within the stated mission and bylaws of the Commission • appoint Commissioners to subcommittees • monitor and ensure the progress of the Commission • report to the City Council Vice-Chair responsibilities: • perform the duties of the Chair in the absence or incapacity of the Chair • perform all other duties as prescribed by the Commission Article III: Meetings and Attendance A. Meetings All meetings of the Commission shall be conducted in accordance with the Minnesota Open Meeting Law and City Code. This means all business and discussion occurs at a meeting which has been posted and is open to the public. The presence of a majority of all regular members currently appointed to the Commission shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. In the event a quorum is not reached, a smaller number of members may meet to have informal discussion, however, formal action shall not be taken and must be reserved for such time as when a quorum of the Commission is reached. A quorum of the members should not discuss Commission business by email, forms of social media, telephone, or informal meetings. Commission meetings may be cancelled by the staff liaison if there are no items on the agenda for discussion. The proceedings of meeting should be conducted using standard parliamentary procedure. i. Regular Meeting The regular meeting of the Commission shall be held on the fourth Monday of the month at City Hall at 6:30 pm. The Commission may, by a majority vote, change its regular meeting dates for any reason provided proper public notice of the changed meeting is provided. ii. Annual Meeting The Annual Meeting of the commission shall be a regular meeting, typically the first meeting after May 1 of each year, at which time elections will be held. iii. Special Meetings A special meeting may be called by the Chair or whenever three members request the same in writing. Staff shall give notice to each commissioner, at least three days prior to any special meeting, of the time, place, and purpose of the meeting. BYLAWS – Environmental Commission 3 Amended and approved June 2, 2020 B. Attendance Members are expected to attend all meetings. If a member is unable to attend a meeting, they should contact the staff liaison, who will inform the chair. If a quorum cannot be attained, the meeting will be canceled. Staff liaisons will track attendance at each meeting. Each April, the City Manager’s office will review attendance records for the preceding calendar year (April-March) and send a standardized letter of warning to any member that has missed: • two consecutive or three total meetings for groups that meet once a month; or • two consecutive or five total meetings for groups that meet twice a month. Because attendance is so important to the work of the City’s boards and commissions, the City Manager may ask the member to explain the reasons for their absences. If circumstances (other than health circumstances) prevent the member from committing to consistently attend future meetings, the member may be asked to step down. If the member’s attendance does not improve after receiving a warning, the Council may take action to remove the member. Article IV: Rules A. Recordkeeping All minutes and resolutions shall be in writing and shall be kept in accordance with City procedures, Minnesota Statute and Rules regarding preservation of public records and the Minnesota Data Privacy Act. B. Work Plan The Commission will draft an annual work plan that details activities and projected timelines for the upcoming year. • The Chair may appoint Commissioners to be primarily responsible for each work plan activity. • The Commission may establish subcommittees to oversee work plan activities. The subcommittees will be chaired by Commissioners appointed by the Chair. • The Commission’s work plan will be submitted to the City Council, typically during the first quarter of the calendar year. The Chair and/or Commissioners will attend a Council/Manager meeting to discuss the annual work plan with the City Council. • The Commission’s work plan must be agreed upon by the City Council. C. Annual Report The Commission shall submit an annual report to the City Council summarizing the past year's activities. The report may highlight information the Commission feels appropriate to convey to the City Council. D. Performance of Duties Commissioners are expected to adequately prepare for meetings. Commissioners unable to complete an assigned task should notify the commission chair or subcommittee chair as soon as possible. The Commission staff liaison may ask the City Council to review a Commissioner’s appointment based upon its assessment of significant non-performance of duties. Article V: Amendments and Revisions The Commission will review these bylaws no later than the second meeting after May 1 every three years. Members may present recommendations for changes and amendments. These bylaws can be altered or amended at any regular monthly Commission meeting with a majority of members present, provided that notice of the proposed changes and amendments is provided to each member at least 10 business days before the meeting. The Council must review and approve any changes to, and has final authority regarding, these bylaws. BYLAWS Environmental Commission Article I: Purpose, Mission, and Duties The Environmental Commission shall be an advisory commission to the City Council on matters relating to the environment and human health. The Commission shall: • develop and make recommendations to educate the public on environmental regulations, policies, practices and tools • develop and make recommendations as an advisory review body for amendments to or revisions of the City’s Surface Water Management Plan and provide advice as requested by the Council on other city programs and initiatives • review and make recommendations regarding the city’s existing environmental ordinances, policies, and guidelines • develop and make recommendations on management practices for the City’s nature areas, public and private ponding areas, and other such city-owned properties as directed by the City Council • develop and make recommendations regarding waste reduction, recycling, and organics/composting • review and make recommendations on the City's resilience and sustainability policies and actions to address climate variations • participate, as directed by the City Council, in local activities initiated by other public and quasi-public agencies regarding environmental issues • advise and recommend such other functions or procedures as may be assigned to them by the City Code or the Council Article II: Membership, Appointments, Terms, and Officers A. Membership The Commission shall consist of seven regular members, and two voting youth members. Regular members shall be residents of the City. Youth members shall live or attend school within Golden Valley, the Robbinsdale Area District or Hopkins School District and be enrolled in school grades 9 through 12. A vacancy shall be deemed to exist if a member ceases to meet the residency requirements. B. Appointments and Terms Appointments are made effective May 1 of each year. The Council shall appoint regular members of the Commission for three-year staggering terms. Youth members shall be appointed for a one-year term. The terms of Commission members shall be fixed and determined at the time of appointment by the governing ordinance. Emphasis in appointments will be made based on knowledge of environmental issues and their relationships to the natural environment and the quality of life in the City. The City Council shall appoint the members of the Commission and to fill vacancies for unexpired terms. C. Officers The Commission shall elect officers of Chair and Vice-Chair from the Commission membership by its voting members at its regular annual meeting, (no later than the second meeting after May 1 in each year). The Chair and Vice Chair positions rotate, and members may only serve two consecutive years as the Chair or Vice-Chair. Should the office of Chair or Vice-Chair become vacant, the Commission shall elect a successor from its membership at the next regular meeting and such election shall be for the unexpired term of said office. Officers may also delegate the duties of their position to other Commissioners as deemed appropriate by the Commission. Amended and approved June 2, 2020 Deleted: one BYLAWS – Environmental Commission 2 Amended and approved June 2, 2020 Chair responsibilities include: • work with staff liaison to develop meeting agendas • conduct and preside at all meetings in a productive and time-efficient manner • ensure the Commission conducts its activities within the stated mission and bylaws of the Commission • appoint Commissioners to subcommittees • monitor and ensure the progress of the Commission • report to the City Council Vice-Chair responsibilities: • perform the duties of the Chair in the absence or incapacity of the Chair • perform all other duties as prescribed by the Commission Article III: Meetings and Attendance A. Meetings All meetings of the Commission shall be conducted in accordance with the Minnesota Open Meeting Law and City Code. This means all business and discussion occurs at a meeting which has been posted and is open to the public. The presence of a majority of all regular members currently appointed to the Commission shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. In the event a quorum is not reached, a smaller number of members may meet to have informal discussion, however, formal action shall not be taken and must be reserved for such time as when a quorum of the Commission is reached. A quorum of the members should not discuss Commission business by email, forms of social media, telephone, or informal meetings. Commission meetings may be cancelled by the staff liaison if there are no items on the agenda for discussion. The proceedings of meeting should be conducted using standard parliamentary procedure. i. Regular Meeting The regular meeting of the Commission shall be held on the fourth Monday of the month at City Hall at 6:30 pm. The Commission may, by a majority vote, change its regular meeting dates for any reason provided proper public notice of the changed meeting is provided. ii. Annual Meeting The Annual Meeting of the commission shall be a regular meeting, typically the first meeting after May 1 of each year, at which time elections will be held. iii. Special Meetings A special meeting may be called by the Chair or whenever three members request the same in writing. Staff shall give notice to each commissioner, at least three days prior to any special meeting, of the time, place, and purpose of the meeting. BYLAWS – Environmental Commission 3 Amended and approved June 2, 2020 B. Attendance Members are expected to attend all meetings. If a member is unable to attend a meeting, they should contact the staff liaison, who will inform the chair. If a quorum cannot be attained, the meeting will be canceled. Staff liaisons will track attendance at each meeting. Each April, the City Manager’s office will review attendance records for the preceding calendar year (April-March) and send a standardized letter of warning to any member that has missed: • two consecutive or three total meetings for groups that meet once a month; or • two consecutive or five total meetings for groups that meet twice a month. Because attendance is so important to the work of the City’s boards and commissions, the City Manager may ask the member to explain the reasons for their absences. If circumstances (other than health circumstances) prevent the member from committing to consistently attend future meetings, the member may be asked to step down. If the member’s attendance does not improve after receiving a warning, the Council may take action to remove the member. Article IV: Rules A. Recordkeeping All minutes and resolutions shall be in writing and shall be kept in accordance with City procedures, Minnesota Statute and Rules regarding preservation of public records and the Minnesota Data Privacy Act. B. Work Plan The Commission will draft an annual work plan that details activities and projected timelines for the upcoming year. • The Chair may appoint Commissioners to be primarily responsible for each work plan activity. • The Commission may establish subcommittees to oversee work plan activities. The subcommittees will be chaired by Commissioners appointed by the Chair. • The Commission’s work plan will be submitted to the City Council, typically during the first quarter of the calendar year. The Chair and/or Commissioners will attend a Council/Manager meeting to discuss the annual work plan with the City Council. • The Commission’s work plan must be agreed upon by the City Council. C. Annual Report The Commission shall submit an annual report to the City Council summarizing the past year's activities. The report may highlight information the Commission feels appropriate to convey to the City Council. D. Performance of Duties Commissioners are expected to adequately prepare for meetings. Commissioners unable to complete an assigned task should notify the commission chair or subcommittee chair as soon as possible. The Commission staff liaison may ask the City Council to review a Commissioner’s appointment based upon its assessment of significant non-performance of duties. Article V: Amendments and Revisions The Commission will review these bylaws no later than the second meeting after May 1 every three years. Members may present recommendations for changes and amendments. These bylaws can be altered or amended at any regular monthly Commission meeting with a majority of members present, provided that notice of the proposed changes and amendments is provided to each member at least 10 business days before the meeting. The Council must review and approve any changes to, and has final authority regarding, these bylaws. ORDINANCE NO. 726 AN ORDINANCE AMENDING THE CITY CODE Deleting Chapter 2 Administration, Article V. Boards and Commissions, Section 2-131: Environmental Commission and Replacing with a new Section 2-131: Environmental Commission The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 2 Administration, Article V. Boards and Commissions, Section 2-131 Environmental Commission is hereby deleted in its entirety and replaced with the following: Sec. 2-131. – Environmental Commission (a) Establishment and Composition. An Environmental Commission is hereby established, composed of nine members, seven who shall serve three-year staggered terms and two youth, who shall serve a one-year term. (b) Duties and Responsibilities. It is the duty of the Environmental Commission to advise and make recommendations to the Council in matters relating to and affecting the environment and human health. Specifically, it shall: (1) Develop and make recommendations to educate the public on environmental regulations, policies, practices and tools (2) Develop and make recommendations as an advisory review body for amendments to or revisions of the City's Surface Water Management Plan and provide advice as requested by the Council on other City programs and initiatives (3) Review and make recommendations regarding the City's existing environmental ordinances, policies and guidelines (4) Develop and make recommendations on management practices for the City's nature areas, public and private ponding areas, and other such City-owned properties as directed by the Council (5) Develop and make recommendations regarding waste reduction, recycling, and organics/composting (6) Review and make recommendations on the City’s resilience and sustainability policies and actions to address climate variations (7) Identify and advise the Council on activities initiated by other public and quasi- public agencies regarding environmental issues and participate as directed by the Council; and (8) Advise and recommend such other functions or procedures as may be assigned to them by the City Code or the Council. Section 2. 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. Ordinance No. 726 -2- December 21, 2021 Section 3. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 21st day of December, 2021. Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk Golden Valley City Council Meeting December 21, 2021 Agenda Item 6. C. Second Consideration of Ordinance No. 727, Amending the City Code to Establish a Public Land Disposition Procedure and Approval of Resolution No. 21-120 Authorizing Summary Publication of the Ordinance Prepared By Myles Campbell, Planner Cherie Shoquist-Henderson, Housing and Economic Development Manager Maria Cisneros, City Attorney Kiarra Zackery, Equity and Inclusion Manager Summary In 2019, City Council directed staff to pursue a Capacity Building Grant from the Minnesota Housing Finance Agency to assist with a potential project regarding vacant ROW and highway turnback parcels. As part of that project, the City committed to considering a Public Land Disposition Policy – language that would help direct decision-making by elected officials as to the use of publicly owned property. The policy was discussed with the City Council in June, when they received the accompanying community engagement report. At that meeting, staff and Council Members discussed the potential to adopt a full ordinance rather than a policy, establishing the public land disposition rules as part of the City Code. A draft of the ordinance was discussed at the October 12, 2021 Council Work Session, and this proposed ordinance is the final version of that draft language. This ordinance had its first hearing at the December 7th City Council meeting, where it was approved unanimously. Financial Or Budget Considerations This proposed ordinance would establish a procedure for evaluating and potentially disposing of city- owned real property. The exact financial impacts would depend on the actions taken by the City. Recommended Action • Motion to adopt Second Consideration of Ordinance No. 727, Amending City Code Chapter 2. – Administration to establish a public land disposition procedure. • Motion to approve Resolution No. 21-120 authorizing summary publication of Ordinance No. 727 Supporting Documents • Public Land Disposition Ordinance No. 727 (3 pages) • Resolution No. 21-120 (1 page) ORDINANCE NO.727 AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 2 – Administration to Establish a New Ordinance to Prioritize Surplus Public Lands for Affordable Housing The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 2 entitled “Administration” is amended by adding the following: Article VII. – Public Land Disposition Sec. 2-166. – Purpose. As a founding member of the Just Deeds Coalition, the City of Golden Valley commits to acknowledging the pervasive history of legal and systematic housing discrimination for Black, Indigenous, Asian, Latinx, and Jewish people through discriminatory covenants and redlining. Previous Golden Valley City Councils and Planning Commissions endorsed these practices and created a housing ecosystem that restricted potential for affordable housing and racially segregated the City. The City of Golden Valley recognizes that its current housing environment severely underprovides affordable options, both in regard to rental and ownership housing. A shortage of quality affordable housing is not only damaging to the economic prosperity of the City and surrounding region, but actively restricts low-to-moderate income households from choosing to live in Golden Valley. In addition, high housing costs contribute to both the historical and ongoing disparities in homeownership rates within the City, gatekeeping this key economic opportunity from those who might benefit from it the most. Addressing the affordable housing gap, through all means available, is one of the City’s most expedient means of making itself a supportive and united community, strengthened by the diversity of its residents. In recognition of the shortage of affordable housing, the City of Golden Valley encourages the use of vacant, unused parcels of land located within and owned by the City or the HRA for the development of affordable housing. It is the City’s intent to identify and catalog real property owned by the City and HRA that is no longer required for its purposes and is or may be suitable for the development of affordable housing for low-income and very low-income households. Affordable housing needs and opportunities shall be considered before surplusing public lands for other purposes that are non-essential to local government operation. Sec. 2-167. – Definitions. For purposes of this ordinance, in addition to the terms defined above, the following terms shall have the meanings set forth below: “Commercially reasonable sale” means a sale or other conveyance that is an “arms length” arrangement, for the fair market value of the property. A commercially reasonable sale or conveyance may be by auction, private sale, trade-in as a component of replacement of obsolete property for new property, sealed bids, or by broker or agent listing. City employees and elected officials shall be prohibited from purchasing or otherwise acquiring any interest in any City surplus property. Ordinance No. 727 -2- “Disposition” means the lease or sale of property or other disposition or conveyance of real property. “Affordable housing” means residential housing that is rented or owned by a person who qualifies as a “very low-income,” or “low-income” or who is from a special needs population, and whose monthly housing costs, including utilities other than telephone, do not exceed 30 percent of the household’s monthly income. (i) “Very low-income household” means a single person, family, or unrelated persons living together whose income is at or below 50 percent of the median income, adjusted for household size, for the City where the affordable housing is located. (ii) “Low-income household” means a single person, family, or unrelated persons living together whose income is more than 50 percent but is at or below 80 percent of the median income where the affordable housing is located. “Nonprofit corporation, qualified” as used in this chapter means private or public corporations duly organized according to the laws of the state of Minnesota, which non-profit corporations are exempt from taxation under USC 501(c) as amended, and which have a proven ability to provide affordable housing or can otherwise show an ability to do so and meet obligations that may be imposed in a conveyance of property to meet affordable housing needs. For purposes of donation of surplus personal property, this term shall also mean a nonprofit corporation that serves or benefits low-income or very low-income persons or persons with disabilities. “Property” as defined by this chapter means all real property (real estate) owned in fee simple title by the City of Golden Valley or the Housing and Redevelopment Authority in and for the City of Golden Valley (“HRA”), located within the City’s incorporated municipal boundaries. “Property” shall also mean all personal property (non-real estate) and all real and personal property originally acquired for public utility purposes. “Property” shall not include public streets, alleys, and rights-of-way which are subject to vacation and disposition. “Property” shall not include any equity interest in real or personal property held or owned by the City or HRA except for real estate security interests taken or released to secure the installation of development improvements. “Suitable for affordable housing” means the parcel is of a size sufficient to support one or more housing units, that its site characteristics are generally suitable for development, that development would be consistent with the City’s Zoning Code, and that development would be consistent with the City’s stated goals and policies. “Surplusing” means the process of identifying property that is no longer required to meet the duties and responsibilities of the City, and instead disposing of such property in a fashion that is consistent with this section. Sec. 2-168. – Policies for Determining that Property is Surplus and should be Designated for Affordable Housing Purposes. (a) No later than March 31st of each calendar year, the City Manager or their designee, shall create and submit a report to the HRA on the status of all real property for which the City or HRA is the custodian. The report shall include: Ordinance No. 727 -2- 1. any change in use or status for each parcel since the previous year's report; and 2. a recommended course of action for each City or HRA owned parcel. The HRA shall consider the report and approve a course of action for each parcel. The report and approved course of action for each parcel shall then be sent to the City Council for consideration and approval. (b) No later than March 31st of every third calendar year beginning in 2022, each department that acts as a custodian of real property shall submit a report to the City Manager or their designee justifying retention of all real property for which the department is the custodian. This report shall provide justification based on an existing or planned use of the property that is related to one or more governmental services or long-term goals or policies of the City or HRA. All departmental reports shall be included in the annual report to the HRA created pursuant to Section 2-168 (a) herein. 1. If, in the judgment of the HRA, a department acting as a custodian or real property does not justify retention of the real property ; or if the City Manager or their designee determines that the real property is surplus to the City and HRA’s needs, the HRA shall determine whether the City or HRA have a need for the property that is related to the provision of essential government services, including but not limited to services for the public health, public safety, or services related to transportation, water quality, surface water or other utilities. 2. If the property is not needed for the provision of essential government services, the HRA shall then determine if the parcel is suitable for affordable housing. If a property is deemed suitable for affordable housing the City shall first attempt to make it available or use it for affordable housing prior to any alternative use. 3. If the property is not deemed suitable for affordable housing, then the HRA shall determine whether the City or HRA have any need for the parcel in order to provide additional open space, natural areas, and recreational amenities. 4. If the property is not deemed suitable for affordable housing, and the HRA determines there is no other suitable use for the property, the property may be disposed of in any manner consistent with the law, such as sale, lease, grant, transfer, conveyance, or otherwise. Sec. 2-169 – Process for Disposition of Surplus Property Suitable for Affordable Housing. (a) Commercially Reasonable Sale or Conveyance. Unless otherwise excepted in subsection B of this section, all disposal of property by the City or HRA shall be commercially reasonable and the City and HRA shall not dispose of real property without an independent appraisal. (b) All surplus property deemed suitable for affordable housing shall be disposed of by the City or HRA under any one of the following conditions, which many include disposition at less than market or appraised value, and without appraisal: a. Intergovernmental transfers; b. Transfer to qualified public or private nonprofit entities; c. Transfer to a public development authority created to develop or manage affordable housing. Ordinance No. 727 -2- Disposal of surplus property deemed suitable for affordable housing may include sale, lease, options to purchase, lease purchase transactions, or public-private partnership, and may occur by use of negotiations or bidding, as the HRA and City deem desirable, fair and appropriate. Section 2. 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 3. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 21st day of December 2021. ______________________________ Shepard M. Harris, Mayor ATTEST: ______________________________ Theresa Schyma, City Clerk RESOLUTION NO. 21-120 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 727 AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 2 – Administration to Establish a New Ordinance to Prioritize Surplus Public Lands for Affordable Housing WHEREAS, the City has adopted the above referenced amendment of the Golden Valley City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of the publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that the following summary is hereby approved for official publication: SUMMARY PUBLICATION ORDINANCE NO. 727 AN ORDINANCE AMENDING THE CITY CODE AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 2 – Administration to Establish a New Ordinance to Prioritize Surplus Public Lands for Affordable Housing This is a summary of the provisions of Ordinance No. 727 which has been approved for publication by the City Council. At the December 21, 2021 City Council meeting, the Golden Valley City Council enacted Ordinance No. 727 Amending City Code, Chapter 2 – Administration to Establish a New Ordinance to Prioritize Surplus Public Lands for Affordable Housing. The full ordinance is available to the public at the City Clerk’s Office, 7800 Golden Valley Road during normal business hours and online at www.goldenvalleymn.gov/code/. Adopted by the City Council this 21st day of December, 2021. Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk