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01-04-22 City Council Agenda7800 Golden Valley Road I Golden Valley, MN 55427 763-593-8012 1 TTY 763-593-3968 1 763-593-8109 (fax) I www.goldenvalleymn.gov City Council REGULAR MEETING AGENDA city of goldvaen,,,:,,, January 4, 2022 — 6:30 pm Council Chambers Hybrid Meeting 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 2454 355 4347. Members of the public wishing to address the Council remotely have two options: • Via web stream - Stream via and use the 'raise hand' feature during public comment sections. • Via phone - Call 1-415-655-0001 and enter meeting code 2454 355 4347. Press *3 to raise your hand during public comment sections. 1. Call to Order A. Pledge of Allegiance B. Incoming Council Member Introduction C. Oaths of Office Denise La Mere -Anderson, Council Member Term Expires - 12/31/25 Gillian Rosenquist, Council Member Term Expires - 12/31/25 D. Seating of the Council E. Roll Call F. Presentation of Engineering Awards to the City of Golden Valley for the DeCola Ponds Project 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. Pages A. Approval of City Council Minutes — Special Meeting of November 9, 2021 3 B. Bids, Quotes, and Contracts: 1. Approve Contract for Influent Meter Pit Repairs with Rice Lake Construction Group 4-20 2. Approve Purchase of an Asphalt Paver from Ziegler Cat in the amount of $226,735 21-24 3. Approve Professional Services Agreement with Short Elliot Hendrickson (SEH), Inc. 25-43 for Winnetka Avenue Pedestrian Signal Design and Construction Services This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette, etc. City of Golden Valley City Council Regular Meeting January 4, 2022 — 6:30 pm 4. Approve Updated Municipal Legislative Commission Joint Cooperative Agreement 44-51 C. Grants and Donations: 1. Approve Resolution No. 22-001 Transferring ARPA Funds to the HRA to Implement a 52-76 Rent and Household Assistance Program and to Approve the Grant Agreement for the Golden Valley Rent and Household Assistance Fund 2. Approve Resolution No. 22-002 Transferring ARPA Funds to the HRA to Implement a 77-100 Housing Navigation Services Program and to approve the Grant Agreement for the Golden Valley Housing Navigation Services Program D. Approve Resolution No. 22-003 Designating Depository for City Funds 101-103 E. Approval of the Use of Credit Cards for Purchases for 2022 104 F. Approve Resolution No. 22-004 Making Annual Elections for 2022-2023 Insurance Policy 105-106 G. Designation of 2022 Official Newspaper 107 H. Approval of City Check Register 108 4. Public Hearing A. 2022 Pavement Management Program 109-135 1. Conduct Public Hearing for Special Assessments and Approve Resolution No. 22- 005 Adopting and Confirming Assessments for Various Public Improvements in the 2022 Pavement Management Area 2. Approve Professional Services Agreement with Short Elliot Hendrickson (SEH), Inc. for Construction Engineering Services for an amount not to exceed $239,900 3. Approve Construction Services Agreement with G M H Asphalt Corporation in the amount of $5,263,550.91 B. Formal Public Hearings — Artessa Senior Cooperative, 7001 Golden Valley Road 136-270 1. Future Land Use Map Amendment, Resolution No. 22-006 2. Zoning Map Amendment, Ordinance No.731 3. Preliminary Plan for Subdivision 4. Conditional Use Permit No. 172 to Allow for Additional Height on a Building 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. A. Second Consideration of Ordinance No. 730 Amending City Code Chapter 103 Authorizing 271-276 the City to Complete Plumbing Plan Review B. Review of Council Calendar 277 C. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment 7800 Golden Valley Road I Golden Valley, MN 55427 763-593-8012 1 TTY 763-593-3968 1 763-593-8109 (fax) I www.goldenvalleymn.gov City Council SPECIAL MEETING MINUTES city of WrgoldalvY November 9, 2021 — 6:15 pm Council Chambers Hybrid Meeting City Council meetings are being conducted in a hybrid format with in -person and remote options for attending, participating, and commenting. The public was able to make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1. Call to Order The meeting was called to order at 6:15 pm by Mayor Harris. 1A. Roll Call Present Staff present: Mayor Shep Harris, Council Members Larry Fonnest, Maurice Harris, Gillian Rosenquist and Kimberly Sanberg City Manager Cruikshank, City Attorney Cisneros, and City Clerk Schyma 2. Canvass 2021 Election Results City Clerk Schyma presented the election returns for the City Election held on November 2, 2021 and answered questions for the Council. Motion by Sanberg, Second by Fonnest to accept the submitted Hennepin County's Election Abstract of Votes Cast in the Precincts of the City of Golden Valley and declare the results from the abstract to be the official results. Motion carried 5-0. 3. Adjourn Motion by M. Harris, Second by Rosenquist to adjourn the meeting at 6:31 pm. Motion carried 5-0. Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk Golden Valley City Council Meeting January 4, 2022 Agenda Item 3. B. 1. Approve Contract for Influent Meter Pit Repairs with Rice Lake Construction Group Prepared By Tim Kieffer, Public Works Director Joe Hansen, Utility Maintenance Superintendent Summary In April of 2021, Golden Valley staff responded to an alarm at the influent meter pit. The alarm indicated that water was collecting in the bottom of the pit. Upon inspection, a gasket on one of two intake pipes adjacent to the meter failed. It was determined this was due to vibrations in the pipe from a failing downstream butterfly valve. City staff performed temporary repairs in May of 2021 and removed one of two faulty butterfly valves, but a permanent solution is still needed. The Joint Water Commission Technical Advisory Committee (JWC TAC) and City of Minneapolis worked to develop a permanent solution at the meter pit. Staff solicited quotes for the repairs. Two quotes were received and are below: Contractor Amount Rice Lake Construction Group $68,800 Shank Constructors, Inc. $76,900 The JWC TAC reviewed the quotes and recommended approving the project with Rice Lake Construction Group. The JWC approved the repairs on November 3, 2021. The City of Golden Valley will administer the contract and oversee the repairs. Financial Or Budget Considerations The City will be reimbursed with funds from the Joint Water Commission Capital Improvement Program. Recommended Action Motion to authorize the Mayor and City Manager to execute the Contract for Influent Meter Pit Repairs with Rice Lake Construction Group in the form approved by the City Attorney. City Council Regular Meeting Executive Summary City of Golden Valley January 4, 2022 2 Supporting Documents • Contract for Influent Meter Pit Repairs (12 pages) • Rice Lake Construction Group Quote (1 page) • Shank Constructors, Inc. Quote (2 pages) 1 CONTRACT FOR INFLUENT METER PIT REPAIRS WITH RICE LAKE CONSTRUCTION GROUP THIS AGREEMENT is made this 4th day of January, 2022 (the “Effective Date”) by and between Rice Lake Construction Group, a water and wastewater construction contractor located at 22360 County Road 12, PO Box 517 Deerwood, MN 56444 (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Contractor is engaged in the business of repairing and replacing potable water distribution components. B. The City desires to hire Contractor to repair and replace potable water distribution components. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1. The Work. Contractor shall perform the work more fully described in the attached Exhibit A (the “Work”). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. Contractor shall at all times keep the premises free from accumulation of waste materials and debris caused by Contractor’s operations. 2. Time for Completion. The Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the City’s authorized agent according to the deadlines set forth in Exhibit A (the “Contract Time”). Contractor shall notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time. 3. Consideration. In consideration of the performance of the Work, the City shall pay to Contractor the not to exceed amount of $68,800.00 (the “Contract Price”). The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty (30) days after receiving a statement from Contractor. 2 4. Extra Work. Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 5. Contract Documents. The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary drawings, plans, specifications d. Other documents listed in this Agreement Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 6. Expense Reimbursement. Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 7. Approvals. Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 8. Protection of Persons and Property. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 3 9. Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done to the satisfaction and approval of the City at the Contractor’s sole cost and expense. Contractor shall replace at Contractor’s expense any loss or damage to the Work, however caused, which occurs during the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility for the construction and delivery of Work. Acceptance of the completed Work shall be evidenced only by Final Payment (the “Final Payment”) issued by the City, which shall state the date on which the City accepts the completed Work (the “Final Completion Date”). 10. Warranty. Contractor represents and warrants that it has the requisite training, skills, and experience necessary to complete the Work, is appropriately licensed by all applicable agencies and governmental entities, and will complete the Work in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar work. Contractor further represents and warrants to the City that the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or equipment not conforming to these requirements may be considered defective. Contractor shall promptly correct any defective Work. Costs of correcting such defective Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for any additional services and expenses made necessary thereby, shall be at Contractor’s expense. Contractor’s warranty shall exclude remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. 11. Guarantee. Contractor guarantees and agrees to maintain the stability of the Work and materials furnished and installed under this contract for a period of one year after the Final Completion Date (the “Guarantee Period”). Contractor agrees to perform fully all other guarantees as set forth in the specifications. If any of the Work is found to be not in accordance with the requirements of the Contract during the Guarantee Period, Contractor shall correct it promptly after receipt of notice from the City to do so. The City shall give such notice promptly after discovery of the condition. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct the Work at Contractor’s expense. The Guarantee Period shall be extended with respect to portions of Work first performed after the Final Completion Date by the period between Final Payment and the actual completion of that portion of the Work. The one-year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to this Section. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with respect to Contractor’s obligations other than specifically to correct the Work. 4 12. Termination. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all the parties’ obligations hereunder, unless terminated by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractor for Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 13. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 14. Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 15. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 16. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 5 17. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard, providing coverage for claims including: i. Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii. Personal and advertising injury; iii. Damages because of physical damage to or destruction of property, including loss of use of such property; iv. Bodily injury or property damage arising out of completed operations; and v. Contractor’s indemnity obligations under this Agreement. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment. 18. Compliance with State Withholding Tax. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project by providing to the City Engineer a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. 19. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from 6 employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Work required by this Agreement. Any instrument in violation of this provision is null and void. 20. Independent Contractor. Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is customarily engaged in the independent performance of the same or similar work for others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the way the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co- partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the 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. 21. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 22. Entire Agreement. The Contract Documents shall constitute the entire agreement between the City and Contractor, and supersede any other written or oral agreements between the City and Contractor. 23. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 24. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 25. Work Products and Ownership of Documents. All records, information, materials and other work products, including, but not limited to the completed reports, drawings, plans, and specifications prepared and developed in connection with the provision of the Work pursuant to this Agreement shall become the property of the City, but reproductions of such records, information, materials and other work products in whole or in part may be retained by Contractor. Regardless of when such information was provided, Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. These obligations survive the termination of this Agreement. 7 26. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Work. 27. Agreement Not Exclusive. The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City’s sole discretion. 28. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 29. No Discrimination. Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 30. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is Greg Holm, or designee who shall perform or supervise the performance of all Work. 31. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY Rice Lake Construction Group 22360 County Road 12 PO Box 517 Deerwood, MN 56444 greg_holm@ricelake.org City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 tkieffer@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 8 32. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 33. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 34. Severability. If 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. 35. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 36. 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. 37. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF, the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. RICE LAKE CONSTRUCTION GROUP: CITY OF GOLDEN VALLEY: By: _________________________________ Greg Holm, Estimator By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager EXHIBIT A SCOPE OF WORK 1. Work. The Work shall include all labor and equipment necessary to repair, replace, or relocate watermain, valves, or other potable water distribution components. The Work shall include, but not limited to the following: A. Replace one 24-inch spool piece with a 4 foot, 4 ¼-inch spool piece. B. Replace one 24-inch butterfly valve with a 4 foot, 4 ¼-inch spool piece. C. Replace two pneumatic valve operator actuators with two IQT3 Series electronic motor operator actuators on existing 24-inch butterfly valves. D. Remove one threaded rod. Drill and epoxy new threaded rod in new location to secure piping. E. Excavate and backfill to replace two 10-foot sections of exterior ductile iron piping and secure to valve vault piping. F. Replace six gaskets G. Replace two 24-inch flange-coupling adaptors with two 24-inch Mega-Flange adapters. 2. Excluded Work. Work not included in the cost of repairs is electrical, asphalt and turf restoration, and painting. 3. Schedule. The Work shall commence January 10, 2022 and conclude February 11, 2022. EXHIBIT B SPECIAL CONDITIONS 1. Responsible Contractor Certification. Contractor and subcontractor(s) shall be a “responsible contractor” as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a “responsible contractor” and will be ineligible to perform the Work. Contractor and subcontractor(s) are that make a false statement verifying compliance with any of the minimum criteria shall result in the termination of this Agreement. 2. Safety Precautions and Accident Prevention. The Contractor shall observe and comply with all requirements to the safety of the workforce to be employed on the project. Contractor shall comply with all safety measures recommended and required by any governmental agency, including the Department of Labor and Industry, Division of Accident Prevention of the Industrial Commission of Minnesota, and with the requirements of the Workmen's Compensation Act and any amendments thereof. Attention is called to the other paragraphs of these Special Conditions covering safety precautions and accident prevention. The Contractor shall be responsible for all safety issues on this project. The Contractor shall comply with instructions from the City for implementing any additional requirements for safety concerns. 3. Locating Utilities. Contractor shall obtain field locations or other assistance as may be required to determine the existence and location of gas mains and other private utilities, as well as, public utilities of the City, County or State, which may be underground or overhead within street and highway rights-of-way or within easements and which may be interfered with by the Work prior to the Work. Existing underground, surface or overhead structures are not necessarily shown on the Plans; and those shown are only correct to the level of accuracy permitted by the locations both from field located and record drawings, established by the utility owners. The City does not assume any responsibility for the accuracy of the disclosed locations. Contractor shall be responsible for all verifying all utility location by contacting Gopher State One-Call (651.454.0002) prior to beginning the Work. Contractor shall also make such investigations as are necessary to determine the extent to which existing structures may interfere with the Work. Contractor shall not claim or be entitled to receive compensation for any damages sustained by reason of the inaccuracy of the omission of any of the information given relative to the surface, overhead or underground structures or by reason of Contractor’s failure to properly protect and maintain such structures. 4. Utility Conflicts. Contractor shall coordinate its efforts with private utility companies so the Work can be done in a timely manner. Contractor shall schedule or redirect its Work to ensure that utility company relocates, installations, and/or removals do not impede progress of the Work. Contractor waives claims for any and all costs or damages due to alleged delay, disruption, or acceleration; and releases the City from any such claims, to the extent the claim is due to the failure of any private utility with facilities affected by the Work to promptly relocate, remove, or adjust such facilities. It is anticipated that some facilities will be in conflict with the work on this project that Contractor will be expected to guard and protect these facilities. No claims for extra compensation to perform the Work are due to conflicts with in-place utilities shall be considered. Likewise, no claim for delays due to conflicts with in-place utilities shall be considered. 5. Mobilization (2021). No extra expense shall be considered for mobilization to the site. 6. DOT Compliance. All of Contractor’s drivers performing work for the City must be in compliance with DOT requirements related to holding a Commercial Driver’s License (CDL). Contractor shall be responsible for ensuring its own compliance with all applicable DOT regulations and requirements, including but not limited to DOT regulations related to drug testing and the maintenance of drug testing records. Contractor shall indemnify and hold harmless the City for any fines incurred as a result of Contractor’s failure to comply with DOT requirements as set forth above. It shall be Contractor’s responsibility to comply and provide evidence to the City of DOT compliance upon request. 7. Hours of Operation. Work shall occur Monday through Friday from 7:00 a.m. to 7:00 p.m., excluding holidays. 8. Noise Elimination. The Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the manufacturer. 9. Care of Work. All work under this contract shall be accomplished with reasonable care and minimal damage to affected properties. The Contractor shall provide quality cleanup after removal and repair of any damage done by the Contractor’s equipment. 10. Manual References. The Specifications which apply to the Work shown in the Plans shall be as follows: A. Special Conditions herein Exhibit A and B. B. Standard Utilities Specifications for Watermain and Service Line Installation, Sanitary Sewer and Storm Sewer Installation, and Trench Excavation and Backfill/Surface Restoration, Revised 2013, as prepared by the City Engineers Association of Minnesota (CEAM) and published by the League of Minnesota Cities, St. Paul, Minnesota, except as modified or supplemented in these Special Conditions. The Standard Utilities Specifications are available from the Minnesota Society of Professional Engineers by calling 651.292.8860, or from the CEAM website at http://ceam.org/. C. Division I, 1507 (Utility Property and Service) and Division I, 1512 (Unacceptable and unauthorized work) of the Minnesota Department of Highways Standard Specification for Construction, 2018 Edition and its supplements, shall apply, except as modified or supplemented herein. D. Division II (Construction Details) and Division III (Materials) of the Minnesota Department of Highways Standard Specification for Construction, 2018 Edition and its supplements, shall apply, except as modified or supplemented herein. 11. Measurement and Payment. Payment for all items for this project shall be by lump sum. 12. Contract Extension. Contractor shall perform fully, entirely, and in an acceptable manner, the Work contracted for within the time stated herein Exhibit A. Contractor shall, not less than ten (10) days prior to said date, make written request to the City for an extension of time for completion, setting forth fully in its request the reasons which Contractor believes justify the granting of the request. If the City finds that the Work has been delayed on account of unusual conditions beyond the control of Contractor, or the quantities of the Work done or to be done are more than the Contract quantities in sufficient amount to warrant additional time; the City may, in its sole discretion, grant an extension of time for the completion to such date as may seem reasonable and proper. In case such extension is not granted, the right to proceed with the Work may be considered as forfeited as of the Contract Time, including all agreed upon adjustments, and the City, without violating the Contract, may proceed immediately to take over the Work, materials and equipment and make final settlement of costs incurred, except that it shall not be necessary to give Contractor written ten (10) days’ notice for such forfeiture. 9/30/2021 To: City of Golden Valley Attn: Derek Goddard RE: JWC Meter Pit Scope • Remove 24” spool pieces supply and install a 4’-4 ¼” spool piece. • Remove 1 24” BFV supply and install a Spool Piece. • Remove existing operators supply and install 2 IQT3 Series electric motor operators on existing 24” Pratt BFV’s • Remove 1 threaded rod. Drill and epoxy new rod in new location • Dig and back fill to replace 10’ of exterior DIP and tie back into the valve vault piping. • Replace 6 additional gaskets. • Replacing 2 24” Flange coupling adaptors with 2 24” Mega-Flange adapters. • For connecting to the existing underground pipe, I have included 2 Mega lug w/ tee bolts and gaskets and 2 long sleeves so we can restrain the connection. If this joint does not need to be restrained, we can delete $3,500.00 from our quote. Price $68,800.00 Not Included: • Electrical • Restoration (asphalt replacement) • Painting Any question please give me a call. Greg Holm cell Phone: (320) 444-7940 Greg_holm@ricelake.org Main Phone: (763) 424-8300 Direct Dial: (763) 488-4007 Main Fax: (763) 424-8303 Shank Constructors, Inc.__________________________ October 1, 2021 Quotation City of Golden Valley Attn: Derek Goddard 7800 Golden Valley Rd, Golden Valley, MN 55427 Reference: Golden Valley Water Reservoir Meter Vault Subject: Quotes We are providing two quotes to do two separate projects. This work will be performed at the Water Metering Vault located at 1500 Skyline Drive, Golden Valley, MN Scope of Work for Base Bid: West 24” Supply Line • Replace Gaskets on Flow Meter and replace 1 threaded rod restraint back to wall • Remove Butterfly Valve and Replace with Flg x Flg Spool 8” long • Replace Flanged Coupling Adaptor • Remove and replace existing Valve Actuator with new Rotork Valve Operator. (Supplied By Others) • Cap existing ¾” valve water connections as needed • Mobilization • Disposal of old piping and valves Exclusions: • Electrical Connections to valve operator, both existing and new. • Programing and Controls • Pipe and Accessory Painting East 24” Supply Line • Remove Pipe Spools and MJ Sleeve Coupling - Replace with one 4’- 4 1/4" long. • Replace Flanged Coupling Adaptor • Remove and replace existing Valve Actuator with new Rotork Valve Operator. (Supplied By Others) • Cap existing ¾” valve water connections as needed • Mobilization • Disposal of old piping and valves Exclusions: • Electrical Connections to valve operator, both existing and new. • Programing and Controls • Pipe and Accessory Painting • Concrete Repairs Quote for Bid A: $34,900.00 Scope of Work for Alternate: • Saw Cut Pavement as needed. • Excavate and locate 2 – 24” Ductile Water Mains. • Remove and Replace 2 – 24” Ductile Water Mains (Approx. 4’ interior pipe & 6’ Exterior pipe) • Add new Pipe Bedding • Add 2 – 24” MJ Sleeves, MJ Restraint Glands, Bolts, and Wall Linkseals as needed for Pipe Replacement. • Remove and Replace 8 Stainless Rod Restraints Back To Wall on Exterior • Backfill to Subgrade Exclusions: • Grass Replacement, Replacement of Sawcut Pavement, Any Final Restoration Removal from project site of Soil Spoils or Pavement. • Winter Conditions • Temporary Pumping or Bypass Quote for Alternate: $42,000.00 Combined Total Bid = $76,900.00 General Exclusions: Demolition – except as outlined above. Excavation, backfill and concrete encasement for the under-slab piping systems Rubbish Removal Sanitary Facilities Heating & Water Dewatering & Site Restoration Electricity Temporary Pumping and Bypassing Concrete & Grout Concrete Sawing, Cutting and Patching Hoisting/Forklift Anchorage and support materials for equipment that we are installing, but not purchasing. Equipment oil and lubrication Start-up Chemicals Painting The cost of temporary wiring and purchase of electrical energy for lights, tools, and construction equipment and energy required for start-up of equipment. We exclude the detection, abatement, encapsulation or removal of asbestos or products or materials or equipment containing asbestos. This shall govern over any conflicting or inconsistent clause of the plans or specifications. Thank You for the Opportunity Kirk A Burback SHANK CONSTRUCTORS, INC. Equal Opportunity Employer Golden Valley City Council Meeting January 4, 2022 Agenda Item 3. B. 2. Approve Purchase of an Asphalt Paver Prepared By Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Superintendent Summary Unit 700, a 2013 Maulden asphalt paver has reached its useful life cycle and is scheduled to be replaced. The existing paver 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 paver scored 34 points. Staff utilizes the paver for street, trail, and court repairs and construction, including 3 miles of in-house mill and overlay. Financial Or Budget Considerations Staff recommends purchasing the paver using Sourcewell, a cooperative purchasing agency created by the Minnesota legislature. Sourcewell has awarded contract number 052417-WLR. The 2022 Vehicles and Equipment Capital Improvement Program includes $250,000 for the purchase of an Asphalt Paver (V&E-012). The total cost of the paver is $226,735. Recommended Action Motion to approve purchase of 2022 Weiler P385C Paver from Ziegler Cat in the amount of $226,735. Supporting Documents • Ziegler Cat Quote (3 pages) Ziegler Inc. Page 1 of 3 187586-01 December 29, 2021 CITY OF GOLDEN VALLEY 7800 GOLDEN VALLEY RD GOLDEN VALLEY, Minnesota 55427-4508 Dear Marshall Beugen, We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration. Weiler Model: P385C Paver Sourcewell Contract #: 052417-WLR Valid Until: December 31, 2022 We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 30 days, after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me. Sincerely, Dillon Kelly Territory Manager Ziegler Inc. Page 2 of 3 Weiler Model: P385C Paver Standard Equipment STANDARD FEATURES Cat 3.4 Tier IV 100 HP Engine Spray Down w/ Separate Tank and 1 Hose Reel 140 mm Track Group w/ 14'' Poly Pads Dual Operator's Stations w/ One Seat Adjustable, Oscillating Push Rollers Steering Wheel Control Group Paver Pause Function, Grade and Slope Prep Group MACHINE SPECIFICATIONS DESCRIPTION P385C ASPHALT PAVER BASE UNIT WALKWAY EXTENSIONS GROUP LED STROBE LIGHT GROUP HAND HELD REMOTE GROUP LOWER ADDITIONAL SCREED MOUNT HEATED END GATES GROUP ELECTRIC SCREED HEIGHT EXT. POWER HYDRAULIC SLOPE GROUP HYDRAULIC POWER CROWN GROUP US, CANADA ENGLISH LANGUAGE SCREED W/ ELECTRIC HEAT ADDITIONAL OPERATOR'S SEAT PREMIUM LIGHTING GROUP (9 LED) Ziegler Inc. Page 3 of 3 SELL PRICE $226,735.00 BALANCE $226,735.00 WARRANTY Standard Warranty: Standard Manufacturer's Warranty Extended Warranty: 24 Month or 2000 Hour Powertrain + Hyd +Elec CITY OF GOLDEN VALLEY Accepted by SHEPARD M. HARRIS, MAYOR on JANUARY 4, 2022 _____________________________________________________________ Signature CITY OF GOLDEN VALLEY Accepted by TIMOTHY J. CRUIKSHANK, CITY MANAGER on JANUARY 4, 2022 _______________________________________________________________ Signature Golden Valley City Council Meeting January 4, 2022 Agenda Item 3. B. 3. Approve Professional Services Agreement with Short Elliot Hendrickson (SEH), Inc. for Winnetka Avenue Pedestrian Signal Design and Construction Services Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, PE, Assistant City Engineer Summary In May of 2019, the Traffic Safety Committee discussed potential pedestrian crossing treatments for Winnetka Avenue North and Harold Avenue. The discussion led to a formal study of Winnetka Avenue and Harold Avenue that occurred over the summer of 2019 which produced a recommended pedestrian treatment for this intersection. Staff also recommends updating the pedestrian signal crossing at Winnetka Avenue and Western Avenue to meet current standards and be consistent the crossing at Harold Avenue. Both intersections are adjacent to Brookview Park. The consulting firm of SEH, who performed the original study in 2019, provided a proposal for design and construction services for this project. SEH will provide plans and specifications for the project consistent with state signal and ADA standards. SEH will also assist with construction inspection of the signal systems. The exact project schedule will be determined through the design process; however, the anticipated schedule is outlined below: Project Design Winter/Spring 2022 Bid Project Spring/Summer 2022 Begin Construction Summer 2022 Complete Construction Fall 2022 Financial Or budget Considerations The total cost for Short Elliot Hendrickson (SEH), Inc. to provide design and construction services for the Winnetka Avenue Pedestrian Signal Project is $24,500. Anticipated funding for these services in included in the 2022 Street CIP Program (S-055) in the amount of $250,000. City Council Regular Meeting Executive Summary City of Golden Valley January 4, 2022 2 Recommended Actions •Motion to authorize the Mayor and City Manager to execute a professional services agreement with Short Elliot Hendrickson, Incorporated in the form approved by the City Attorney for design and construction services on the Winnetka Avenue Pedestrian Signal Project for an amount not to exceed $24,500. Support Documents •Professional Services Agreement dated January 4, 2022 (17 pages) 1 PROFESSIONAL SERVICES AGREEMENT (ENGINEERING SERVICES) THIS AGREEMENT is made this January 4, 2022 (“Effective Date”) by and between Short Elliott Hendrickson, Incorporated a Minnesota corporation with its principal office at 3535 Vadnais Center Drive, St. Paul, Minnesota (“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 Crosswalk Flasher System Design and Construction Services for the 1) Winnetka Avenue at Harold Avenue/Brookview Parkway – new crosswalk flasher system and 2) Winnetka Avenue at Western Avenue – revised crosswalk flasher system projects. C. Consultant represents that it has the professional expertise and capabilities to provide the City with the requested professional services. D. The City desires to engage Consultant to provide the services described in this Agreement and Consultant is willing to provide such services on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and Consultant agree as follows: AGREEMENT 1. Services. Consultant agrees to provide the City with professional consulting services as described in the attached Exhibit A (the “Services”) at the locations depicted in the attached Exhibit B. Exhibits A and B shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. Consultant may reasonably rely on information and documents provided by or through the City. 2. Time for Completion. The Services shall be completed on or before December 31, 2022, provided that the parties may extend the stated deadline upon mutual written agreement. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Consultant for the Services on an hourly basis and for necessary out-of-pocket expenses at the rates set forth in Consultant’s fee schedule, attached hereto as Exhibit C. Consultant’s total compensation for the Services, including hourly fees and expenses, shall not exceed $24,500. The consideration shall be for both the Services performed by Consultant and any and all expenses incurred by Consultant in performing the Services. The City shall make progress payments to Consultant on a monthly basis. Consultant shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Consultant during the relevant billing period. The City shall pay Consultant within thirty (30) days after Consultant’s statements are submitted. 2 4. Approvals. Consultant shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Services. The City’s approval may be provided via electronic mail. 5. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Consultant’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Consultant for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 7. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 8. Remedies. In the event of a termination of this Agreement by the City because of a breach by Consultant, the City may complete the Services either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Consultant’s breach. 9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that the books, records, documents, and accounting procedures and practices of Consultant, that are relevant to this Agreement or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Consultant shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 10. Indemnification. To the fullest extent permitted by law, Consultant, and Consultant's successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but not limited to reasonable attorneys’ fees, professional services, and other technical, administrative or professional assistance to the extent resulting from Consultant’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) negligent performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Consultant, or arising out of Consultant’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation of liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 3 11. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: A. Workers’ Compensation and Employers’ Liability 1. Coverage A: Per state statute 2. Coverage B: $500,000 each accident $500,000 Disease – policy limit $500,000 Disease – each employee B. Commercial General Liability 1. $2,000,000 General Aggregate 2. $2,000,000 Products—Completed Operations Aggregate 3. $1,000,000 Each Occurrence 4. $1,000,000 Personal Injury C. Commercial Automobile Liability 1. $1,000,000 Combined single limit bodily injury and property damage. The Commercial Automobile Liability shall provide coverage for the following automobiles: i. All owned automobiles ii. All non-owned automobiles iii. All hired automobiles D. Umbrella Liability 1. $10,000,000 Each claim 2. $10,000,000 Annual aggregate The umbrella liability shall provide excess limits for the commercial general liability policies. E. Professional and Pollution Incident Liability Professional liability insurance including pollution incident liability coverage with limits of not less than: 1. $5,000,000 per claim 2. $5,000,000 annual aggregate Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment. 4 12. Assignment. Neither the City nor Consultant shall assign or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in this Agreement without the prior written consent of the other except to the extent that the effect of this limitation may be restricted by law. Any assignment in violation of this provision is null and void. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Consultant from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this Agreement. Any instrument in violation of this provision is null and void. 13. Independent Contractor. Consultant is an independent contractor. Consultant’s duties shall be performed with the understanding that Consultant has special expertise as to the services which Consultant is to perform and is customarily engaged in the independent performance of the same or similar services for others. Consultant shall provide or contract for all required equipment and personnel. Consultant shall control the manner in which the services are performed; however, the nature of the Services and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Consultant is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All services provided by Consultant pursuant to this Agreement shall be provided by Consultant as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 14. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to provide the Services. Consultant’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Consultant agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 15. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall constitute the entire agreement between the City and Consultant, and supersedes any other written or oral agreements between the City and Consultant. This Agreement may only be modified in a writing signed by the City and Consultant. If there is any conflict between the terms of this Agreement and the referenced or attached items, the terms of this Agreement shall prevail. If there is any conflict between this Agreement and Exhibits A or B, the terms of this Agreement shall prevail. 16. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 17. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be mediated with a mutually acceptable third-party neutral within 90 days of either party giving notice to the other of a dispute, controversy or claim. If such mediation is unsuccessful, the dispute, controversy, or claim shall be heard in the state or federal courts of Hennepin County, Minnesota, and all 5 parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 18. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and appearances of impropriety in its representation of the City. In the event of a conflict of interest, Consultant shall advise the City and either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Services. 19. Work Products and Ownership of Documents. All records, information, materials, and work product, including, but not limited to the completed reports, data collected from or created by the City or the City’s employees or agents, raw market data, survey data, market analysis data, and any other data, work product, or reports prepared or developed in connection with the provision of the Services pursuant to this Agreement shall become the property of the City, but Consultant may retain reproductions of such records, information, materials and work product. Regardless of when such information was provided or created, Consultant agrees that it will not disclose for any purpose any information Consultant has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or interests in any intellectual property created by Consultant prior to the effective date of this Agreement; however, to the extent Consultant generates reports or recommendations for the City using proprietary processes or formulas, Consultant shall provide the City (1) factual support for such reports and recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the obligations in this paragraph shall survive the completion or termination of this Agreement. Any reuse of the records, information, materials, or work product without written verification or adaptation by Consultant will be at the City’s sole risk and without liability or legal exposure to Consultant. 20. Agreement Not Exclusive. The City retains the right to hire other professional service providers for this or other matters, in the City’s sole discretion. 21. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant, created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Consultant agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Consultant to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 22. No Discrimination. Consultant agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Consultant agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Consultant agrees to hold harmless and indemnify the City from costs, including but not limited to damages, reasonable attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Consultant shall provide accommodation to allow individuals with disabilities to participate in all Services 6 under this Agreement. Consultant agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 23. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Jeff Oliver, City Engineer, or designee. Consultant’s authorized agent for purposes of administration of this contract is Erin Jordan, or designee who shall perform or supervise the performance of all Services. 24. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONSULTANT THE CITY Short Elliott Hendrickson, Inc. John M. Gray, PE 3535 Vadnais Center Drive St. Paul, MN 55110 jgray@sehinc.com City of Golden Valley R.J. Kakach 7800 Golden Valley Road Golden Valley, MN 55437 rkakach@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 26. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 27. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 28. Payment of Subcontractors. Consultant agrees that it must pay any subcontractor within 10 days of the Consultant’s receipt of payment from the City for undisputed Services provided by the subcontractor. Consultant agrees that it must pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from Consultant must be awarded its costs and disbursements, including attorneys’ fees, incurred in bringing the action. 29. Publicity. At the City’s request, the City and Consultant shall develop language to use when discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Consultant shall not use the City’s logo or state that the City endorses its services without the City’s advanced written approval. 30. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 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. SHORT ELLIOTT HENDRICKSON: CITY OF GOLDEN VALLEY: By: _________________________________ Name: John M. Gray, PE Title: Project Manager/Senior Professional By: _________________________________ Shepard M. Harris, Mayor Traffic Engineer By: _________________________________ Timothy J. Cruikshank, City Manager 8 EXHIBIT A SCOPE OF SERVICES Exhibit A Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110 SEH is 100% employee-owned | sehinc.com | 651.490.2000 | 800.325.2055 | 888.908.8166 fax December 20, 2021 RE: Golden Valley, Minnesota Crosswalk Flasher System Design and Construction Services SEH No. GOLDV 151293 Mr. R.J. Kakach, PE Assistant City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley, Minnesota 55427 Dear Mr. Kakach: Short Elliott Hendrickson Inc® (SEH) appreciates the opportunity to submit this proposal to the City of Golden Valley for pedestrian crosswalk flasher system design and construction services and be able to continue to provide professional services to the City of Golden Valley. It is our understanding that the City wishes to have the following work be completed as part of this proposed work scope: 1. Winnetka Avenue at Harold Avenue/Brookview Parkway – new crosswalk flasher system. 2. Winnetka Avenue at Western Avenue – revised crosswalk flasher system. This letter proposal can be the basis for an agreement for the work on this project and all subsequent services and is provided in accordance with the current Professional Services Agreement between the City of Golden Valley and Short Elliott Hendrickson Inc. (SEH). SEH proposes to be compensated for the scope of services proposed in the agreement on an hourly basis. Compensation will be based on the hourly cost of personnel plus reimbursable expenses, including reproductions, mileage and equipment. The fee estimate for these services is $24,500.00. SEH can begin services immediately after notice to proceed. As part of the project, we have put together the following work program for performing the services of this project. The work program is fairly well defined based on anticipated cooperative efforts of SEH and the City of Golden Valley for this work. The work program does, however, provide flexibility to make the most efficient use of SEH and City staff. Mr. R.J. Kakach, PE December 20, 2021 Page 2 UNDERSTANDING AND SCOPE OF WORK In the fall of 2019, SEH studied the Winnetka Avenue corridor with respect to pedestrian crossings and made recommendations for a new overhead crosswalk flasher system at Harold Avenue/Brookview Parkway (near the City owned Brookview Park complex). This system would include rapid rectangular flashing beacons (RRFBs) and audible pedestrian push buttons to allow for this system to be pedestrian activated. Pedestrian curb ramp modifications on the southeast and southwest quadrants may be required to accommodate the new flasher system and make this crossing fully ADA compliant. As part of the same Winnetka Avenue pedestrian crossing review, the existing aged crosswalk flasher system at Western Avenue (designed by SEH several years ago) was recommended to be upgraded to include RRFBs and audible pedestrian push buttons. Again, pedestrian curb ramp modifications on the northeast and northwest quadrants may be required to accommodate the revised flasher system and make this crossing fully ADA compliant. In response to these recommendations, the City of Golden Valley requested that SEH provide a proposal to the City for design and construction services for the above-mentioned improvements. It is anticipated that design of these systems will be completed in the winter and spring of 2022 to allow for construction of these systems to be completed during the 2022 construction season. The following scope of work is proposed to be completed in order to address design and construction of the above-mentioned flasher systems. FLASHER JUSTIFICATION REPORTS MnDOT Metro District State Aid will require that flasher system justification documentation be completed and submitted to State Aid for approval, for State Aid funds to be able to be utilized on this project. Flasher justification reports (2-3 page reports) documenting the need for crosswalk flasher system improvements or modifications will be compiled utilizing existing available traffic and area data (no additional traffic or pedestrian counts will be completed for these locations). Using the available information and a detailed field review of each location, SEH will prepare draft flasher justification reports for each location for City review and comments. Upon receipt of all comments, SEH will finalize each flasher justification report, provide copies of each flasher justification report to the City for signatures, and assist the City in submittal of each report to MnDOT State Aid. Any comments on these reports from State Aid will be addressed by SEH as needed, and revised copies of each report will be resubmitted by SEH to State Aid for approval and signatures. FINAL DESIGN AND SPECIFICATIONS Surveying and mapping of each intersection is required to be completed as part of the project scope. Survey information will be used to create a base drawing of each intersection area for use in detailed design by SEH. It is anticipated that the City will provide us with available right of way information as well as some base geometric information of the area (as-built plans for previous construction through this area) which we will also use to complete preparation of the base drawings for each intersection area. SEH will complete all other required survey work at each intersection needed for both flasher system design and appropriate ADA compliant pedestrian curb ramp design. Mr. R.J. Kakach, PE December 20, 2021 Page 3 SEH will utilize available geometric information, survey work and a detailed field review of each intersection area in order to put together a 20-scale base layout for use in developing plan sheets for the proposed flasher systems. SEH will prepare a preliminary layout of each flasher system for City review. The overhead flasher system design at Harold Avenue/Brookview Parkway will be designed to current Hennepin County signal design standards to allow for potential County assistance with the maintenance of this flasher system. The revised flasher system at Western Avenue is anticipated to utilize existing flasher pole locations and remain a pedestal pole mounted flasher system. After receiving comments from each agency, SEH will prepare a final design for each flasher system. These designs will be incorporated into final plan sheets including title sheet, statement of estimated quantities, intersection layouts, field wiring diagrams, “for information only” plan sheets of the existing flasher system, utility information, signing and striping plans, and all required flasher details. SEH will provide coordination and guidance with respect to utility meetings and how they will impact flasher system construction (utility relocations versus signal pole and cabinet placements, source of power locations, etc.). SEH will coordinate with the City with respect to pedestrian curb ramp locations and pedestrian landing areas that SEH will ultimately design as part of the project at each location, so that flasher system pedestrian push buttons are properly located to meet current ADA and PROWAG requirements. SEH will also work with the City to identify long lead-time flasher materials and electrical equipment that the City may need to pre-order and procure prior to the start of construction to allow for each flasher system to be able to be constructed in a timely manner within the overall project construction schedule. Specific items that should be included in each flasher system design can be discussed with the City as needed. The plan sheets will be signed by a licensed civil engineer. The plans and specifications will meet all applicable requirements of the Minnesota Manual on Uniform Traffic Control Devices, the MnDOT State-Aid Standards, and all applicable state and local electrical codes. SEH will assist the City with obtaining all plan title sheet signatures and will submit the project to MnDOT State Aid on behalf of the City. Any comments received from either the City or State will be addressed by SEH, and revised copies of these items will be resubmitted to each agency by SEH for final approvals and processing. SEH will also assist with any permit applications required for work under this project. SEH will prepare all project plans and Division S and SS technical specifications, along with all front and back end specifications as required by the City and MnDOT. SEH will assist the City with advertising the project for bids, answer questions during bidding and issue addendum if required, be present for opening of bids if requested, prepare a bid tabulation and bid recommendation letter, and will also prepare contract documents. SEH will set up and attend any required preconstruction meetings, and will review traffic signal shop drawings. Either SEH or the City can provide construction contract administration. CONSTRUCTION OBSERVATION SEH will also provide construction observation for the flasher system and curb ramp portions of the project. We propose to stake equipment, curb/sidewalk removal, and curb ramp locations in the field; make periodic Mr. R.J. Kakach, PE December 20, 2021 Page 4 visits to the project site to review work and respond to construction related questions; observe the technical portions of construction as necessary; review the new flasher systems and pedestrian curb ramps following construction; and provide a punch list to the Contractor on behalf of the City. As part of the construction observation portion of the contract, SEH will provide to the City an as-built set of plans for the flasher systems (hard copy and electronic copy). It is assumed that the City would provide the routine day to day on-site inspection services outside of staking and survey (SEH would not have an Engineer or RPR on site all day during construction) and day-to-day on-site presence by an SEH representative is not included in the project scope but can be included for an additional negotiated fee between the City and SEH should the City want to include these services in the project. Concrete testing services costs are also not included in our work scope – SEH will work with the City to arrange for testing with the City being billed directly for these testing services. STAFF SEH proposes to use the following staff members on this project: John M. Gray, PE – Project Manager John’s experience includes the design of more than 1,500 traffic signals and 300 emergency vehicle preemption systems. He will be responsible for overseeing and completing all flasher system design and construction observation as part of the project. Other staff members are available as needed to assist in the timely and detailed completion of this project. SCHEDULE SEH proposes to begin work upon notice-to-proceed, and will provide a more detailed schedule upon authorization to proceed on this project. All of the staff assigned to the project has time available to adequately meet project needs. COMPENSATION AND AGREEMENT The proposed work program includes Flasher Justification Report preparation, surveying of each intersection, plan sheet and technical specification preparation, pedestrian curb ramp design, coordination with utilities, submittal to State Aid, bidding and construction assistance and final project close-out. We propose to be paid for the work we do on an hourly basis based on direct labor costs, plus the actual cost of reimbursable expenses. All work, as defined above, will be done on an hourly basis (plus reimbursable expenses) for an overall cost not-to-exceed of $24,500.00. This cost will not be exceeded except as otherwise approved by the City. For your information, our estimated costs for each task on the project are as follows (for the overall cost not-to-exceed of $24,500.00): Survey and Utility Coordination $3,100 Flasher Justification Reports $500 Flasher System Design $7,500 Pedestrian Curb Ramp Design $5,000 Bidding Assistance $2,400 Construction Assistance $6,000 Mr. R.J. Kakach, PE December 20, 2021 Page 5 The above costs do not include attending any City Council meetings or City Manager/Committee meetings. Attached is a detailed work plan and fee estimate (Exhibit B) to provide these services Any additional tasks added to or deleted from this project (due to significant changes in the general scope of the project or its design including, but not limited to, changes in size, complexity of character or type of construction) shall be by written amendment to the contract signed by both parties. If this document satisfactorily sets forth your understanding of the project and our agreement, please sign below and return one (1) signed copy to our office for our records. We look forward to the opportunity to provide the work stated above to the City of Golden Valley. Feel free to contact John Gray at 651.402.4383 if you have any questions or comments regarding the project. Respectfully Submitted, SHORT ELLIOTT HENDRICKSON INC. John M. Gray, PE Project Manager/Senior Professional Traffic Engineer c: Erin Jordan, SEH Mr. R.J. Kakach, PE December 20, 2021 Page 6 EXHIBIT B FEE SCHEDULE 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 January 4, 2022 Agenda Item 3. B. 4. Approve Updated Municipal Legislative Commission Joint Cooperative Agreement Prepared By Tim Cruikshank, City Manager Summary The Municipal Legislative Commission (MLC), a group of metro area cities, was created a number of years ago to advocate for similar issues at the Legislature. The City of Golden Valley officially became part of this group in 2021. Due to changes in membership as well as the age of the Joint Cooperative Agreement (JCA), amendments were needed to reflect these changes and to bring the document current. Each member City Council is being asked to approve the proposed new JCA. A summary of the proposed amendments as well as a clean version are attached for your reference. Recommended Action Motion to Approve Updated Municipal Legislative Commission Joint Cooperative Agreement. Supporting Documents • Summary of proposed amendments (1 page) • Proposed Updated Municipal Legislative Commission JCA (6 pages) MK_MPLS\4495\38\2448627.v1-12/13/21 MUNICIPAL LEGISLATIVE COMMISSION Summary of Proposed Amendments to Joint and Cooperative Agreement December, 2021 The Municipal Legislative Commission (the “MLC”) operates pursuant to a Joint and Cooperative Agreement (the “JCA”) among the MLC member municipalities (the “Members”). The Board of Directors of the MLC has approved certain amendments to the JCA and has submitted a proposed form of amended and restated JCA to the Members for approval. Amendments to the JCA require unanimous written approval of the governing councils of all Members. The following is a summary of the proposed substantive amendments to the JCA: • Provisions regarding Board meetings, financial information, officers and committees are moved to the Bylaws. (The Bylaws can be amended by a 2/3 vote of the Board of Directors and do not need to be approved by all Members.) • The concept of Associate Members has been eliminated. • Additional Members can be admitted by majority vote of the Board of Directors rather than majority vote of the Members. • The requirement of annual audits is eliminated. (The Bylaws will require audits at least every other year.) • The requirement of an annual meeting of Members is eliminated. • Email communication is added as an option in giving formal notices. • The authority of the Operating Committee is limited to making recommendations to the Board of Directors. The Operating Committee will not have authority to make binding decisions for the MLC unless granted that authority by specific Board resolution. • Any Member who chooses to withdraw from the MLC is obligated to pay dues for the year of withdrawal unless notice of withdrawal is given to the MLC Chair and Executive Director at least 105 days prior to the first day of the next calendar year. • Upon dissolution and liquidation of the MLC, the remaining assets will be distributed to the Members in proportion to their respective dues paid in the most recent full calendar year. 1 Adopted February ___, 1984 Amended July 19, 1995 Amended July 27, 2000 Amended and Restated ______, 2021 JOINT AND COOPERATIVE AGREEMENT PRELIMINARY STATEMENT The parties to this Agreement are governmental units of the State of Minnesota. Minnesota Statutes Section 471.59 permits two or more sub-units, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them. Pursuant to statutory authorization, the parties to this Agreement have chosen to execute a joint powers agreement providing, in essence, for the development of legislative programs on matters of mutual concern and interests. ARTICLE 1. GENERAL PURPOSE The primary purpose of this Agreement is for the member municipalities (the “Members”) to jointly and cooperatively develop legislative programs on matters of mutual concern and interest, and to identify, review, and actively oppose proposals which may be in conflict with the interests of the Members. The organization formed pursuant to this Agreement will be funded by Members’ contributions, as herein specified, with contributions being used for the retention of professional assistance, information preparation and dissemination, research, and other activities that may from time to time be authorized by the governing body of the organization. ARTICLE 2. NAME The Members hereto agree to establish an organization to be known as the Municipal Legislative Commission (the “Commission”) to carry out the objectives of this Agreement. ARTICLE 3. DEFINITION OF TERMS For the purpose of this Agreement, the terms defined in this Article shall have the meanings given them by this Article. 3.1) “Agreement” means this Joint and Cooperative Agreement, as amended from time to time and as joined by additional Members in the manner provided in Article 4 of this Agreement. 2 3.2) “Board” or “Board of Directors” means the governing body of the Commission. 3.3) “Bylaws” means the bylaws of the Commission adopted by the Board of Directors, as amended from time to time. 3.4) “Commission” means the organization created pursuant to this Agreement. 3.5) “Council” means the governing body of a Member. 3.6) “Directors” means the persons appointed pursuant to this Agreement to serve on the Board of Directors. 3.7) “Operating Committee” means the committee established pursuant to Article 9 of this Agreement. 3.8) “Member” means a municipality which has entered into this Agreement. ARTICLE 4. ADDITIONAL MEMBERS Following the effective date of this Agreement, any Minnesota municipality that is not then a Member may become an additional Member upon approval by a majority vote of all Directors. A municipality that has been approved to become an additional Member shall enter into this Agreement by duly executing a counterpart copy of this Agreement. The additional Member shall file the signed counterpart copy of this Agreement, together with a certified copy of the authorizing resolution of the additional Member’s Council, with the Commission’s Chair and Executive Director. ARTICLE 5. EFFECTIVE DATE The original effective date of this Agreement was February ___, 1984. It was most recently amended and restated effective as of ________, 2021. ARTICLE 6. POWERS AND DUTIES OF THE COMMISSION 6.1) The powers and duties of the Commission shall include the powers set forth in this article. 6.2) The Commission may establish legislative programs embodying proposed legislation and positions on proposed legislation. 6.3) The Commission may take such action as it deems necessary and appropriate to accomplish the general purpose of the Commission. 3 6.4) The Commission may consult with persons knowledgeable in the legislative process and persons having a special interest therein, such as legislators, research organizations, educational institutions, other political subdivisions, municipal organizations, regulatory organizations, technical experts, and any other persons who can provide pertinent information concerning legislation of interest to the Commission. 6.5) The Commission may provide for the prosecution, defense, or other participation in actions or proceedings at law in which it may have an interest, and may employ counsel for that purpose. 6.6) The Commission may conduct such research and investigation and take such action as it deems necessary, including participation and appearance in proceedings of any metropolitan, state, federal, regulatory, or legislative or administrative bodies, on any proposed or existing law, bill, or recommendation related to or affecting any or all Members. 6.7) The Commission may enter into any contracts deemed necessary by the Board to carry out the Commission’s powers and duties, subject to the provisions of this Agreement. 6.8) The Commission may contract with any of the Members or others to provide space, services, or materials on its behalf. Any contracts let or purchases made shall conform to the requirements applicable to Minnesota statutory cities. 6.9) The Commission may accept gifts, apply for use grants, enter into agreements required in connection therewith and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. 6.10) The Commission may exercise any other powers necessary or incidental to the implementation of its powers and duties. ARTICLE 7. BOARD OF DIRECTORS 7.1) The governing body of the Commission is its Board of Directors. Each Member is entitled to appoint two (2) Directors. The Council of each Member shall appoint its two Directors, one of whom shall be the Member’s City Manager or Administrator (the Member’s “appointed Director”) and the other of whom shall be the Mayor or another elected official from the Council of the Member (the Member’s “elected Director”). Each Member is entitled to one vote on each matter to come before the Board, to be cast by the Member’s elected Director or, in his or her absence, by the Member’s appointed Director or by a proxy designated under Section 7.2 below. Directors shall serve without compensation from the Commission, but this shall not prevent a Member from compensating one or both of its Directors for service on the Board, if such compensation is authorized by the Member and is not prohibited by law. 7.2) Proxy voting by Directors shall be permitted. A proxy must be designated in writing by a Member’s elected Director or, in the elected Director’s absence, by the Member’s 4 appointed Director. Any individual designated as a proxy must be present at the meeting to vote. 7.3) Each Director shall serve until that Director’s successor is appointed and assumes his or her responsibilities. Directors shall serve at the pleasure of the Member appointing them. When the Council of a Member appoints a Director, it shall give notice of such appointment in writing or by e-mail to both the Commission’s Chair and the Commission’s Executive Director. Such notice shall include the mailing address and e-mail address of the Director so appointed. The names and addresses shown on such notices may be used as the official names and addresses for the purposes of giving notices of any meetings of the Board. 7.4) A majority of the Members represented by at least one (1) Director or proxy entitled to vote shall constitute a quorum for conducting business at a meeting of the Board. 7.5) A vacancy on the Board shall be filled by the Council of the Member whose position on the Board is vacant. During the time that one or more vacancies exist, the Board shall continue to have full power and authority to conduct business and a majority of the Members represented by at least one (1) Director or proxy entitled to vote shall be sufficient to constitute a quorum. 7.6) The Board of Directors may delegate its authority to the Operating Committee between meetings of the Board. Such delegation of authority shall be by resolution of the Board or as provided in the Bylaws and may be conditioned in such manner as the Board may determine. 7.7) Meetings and proceedings of the Board shall be conducted as set forth in the Bylaws. ARTICLE 8. BYLAWS The Board shall adopt Bylaws governing the meetings and proceedings of the Board, the officers of the Commission, committees, financial matters, and any other matters concerning the Commission that are not inconsistent with the provisions of this Agreement. Bylaws may be amended from time to time by the vote of at least two-thirds (2/3) of all Directors or their authorized proxies. ARTICLE 9. OPERATING COMMITTEE The Operating Committee of the Commission shall consist of the appointed Directors of the Members. The Operating Committee shall make recommendations to the Board regarding the property, operations, affairs and business of the Commission. Except as provided in the Bylaws or by Board resolution, the Operating Committee shall not have the authority of the Board. The Operating Committee shall be subject at all times to the control and direction of the Board. ARTICLE 10. 5 WITHDRAWAL 10.1) Withdrawal – Any Member may withdraw from the Commission effective on January 1 of any year by giving notice pursuant to Section 10.2 below prior to September 15 of the preceding year. 10.2) Notice – In order to effectuate a withdrawal, a Member withdrawing from the Commission shall give notice in writing or by e-mail to both the Commission’s Chair and the Commission’s Executive Director. Such notice shall include a copy of a resolution of the withdrawing Member’s Council stating its decision to withdraw from the Commission. Upon receipt of such notice and resolution, the Chair of the Commission shall forward a copy of the notice and resolution to each Director. Any notice of withdrawal not actually received by the Chair at least 105 days prior to the first day of any calendar year shall be effective on January 1 of the subsequent calendar year unless the notice deadline is waived by a resolution of the Board. 10.3 Financial Effect of Withdrawal – A Member who withdraws effective as of January 1 of a calendar year shall not be obligated to pay dues to the Commission for such calendar year. A withdrawing Member shall not be entitled to any payment or financial benefit from the Commission and shall not be entitled to any refund or reimbursement for any dues or other contribution made by the withdrawing Member. ARTICLE 11. DISSOLUTION 11.1) Duration of Commission – The Commission shall be dissolved if less than four (4) Members remain, or by operation of state or federal law or regulation, now or hereafter enacted, or by mutual signed agreement of all remaining Members. 11.2) Distribution of Assets – Upon dissolution of the Commission, all remaining assets of the Commission, after payment of all obligations, shall be distributed among the Members that are Members of the Commission at the time of dissolution, in proportion to their respective dues paid in the most recent full calendar year, and in accordance with procedures established by the Board of Directors. The Commission shall continue to exist after dissolution for such period, no longer than six (6) months, as is necessary to wind up the Commission’s affairs, but for no other purposes. ARTICLE 12. AMENDMENTS This Agreement may be amended only by the unanimous written approval of the Councils of all Members. 6 IN WITNESS WHEREOF, the municipality of _______________________ has joined in and caused a counterpart of this Agreement to be signed on its behalf this ___ day of ___________, 2021. By:_________________________ Its: Mayor By:_________________________ Its: City Manager MK_MPLS\4495\38\2376189.v4-11/3/21 Golden Valley City Council Meeting January 4, 2022 Agenda Item 3. C. 1. Approve Resolution No. 22-001 to Transfer American Rescue Plan Act (ARPA) Funds to the Housing and Redevelopment Authority (HRA) to Implement a Rent and Household Assistance Program and to approve the Grant Agreement for the Golden Valley Rent and Household Assistance Fund. Prepared By Sue Virnig, Finance Director Cherie Shoquist, Housing and Economic Development Manager Summary The Federal Government recently allocated $2.2M in ARPA Funds to the City of Golden Valley to assist with expenses and impacts related to the COVID-19 Pandemic. The Treasury Department has provided guidance regarding the use of the funds. The guidance states that ARPA funds may be used to respond to the public health emergency or its negative economic impacts including assistance to households or populations facing negative economic impacts due to COVID-19 including: 1) rent assistance, assistance to prevent evictions or homelessness; 2) food assistance; and 3) ARPA funds may be allocated to non-profits to distribute the assistance. Rental assistance and food distribution are not functions typically done by cities, and staff does not have the knowledge or resources to disburse ARPA funds directly, quickly, or appropriately to households. Therefore, staff has met with representatives of PRISM, the City’s local food shelf and housing assistance provider, and discussed allocating $100,000 to PRISM to distribute funds for rental and household assistance. If approved, funds will be distributed in two allocations: $45,000 in 2022 and $45,000 in 2023. If approved, the remaining $10,000 will be dedicated to housing services. PRISM has the staff, experience, and infrastructure to assess the needs of households, distribute appropriate resources effectively, and document the use of grant funds for the City’s audit needs. Since the COVID-19 outbreak and closures, PRISM, the City’s local food shelf and housing assistance provider, has provided food and household assistance to 7,045 households, nearly triple the number of households served in fiscal year 2018-2019. PRISM provided rental assistance, referrals, and case management to prevent eviction of 483 households in fiscal year 2020-2021. PRISM reports a continued need for services due to the ongoing negative impacts due to COVID-19, slow return to full employment, rent increases, food prices increasing with limited availability, and the end of the eviction moratorium. City Council Regular Meeting Executive Summary City of Golden Valley January 4, 2022 2 To address these needs within Golden Valley, a rent and household assistance program was developed by the HRA in 2020. The establishment, administration, and implementation of the Rent and Household Assistance Program was approved by the HRA on December 7, 2021. Staff is requesting Council to adopt the attached Grant Agreement and Resolution transferring a portion of the ARPA funds received by the Federal Government to the HRA to fund the continued implementation of the program. Financial Or Budget Considerations Funding for the Rent and Household Assistance Fund will come from the City’s ARPA allocation. Recommended Action Motion to Adopt Resolution No. 22-001 Transferring ARPA Funds to the HRA to implement a Rent and Household Assistance Program and to Approve the Grant Agreement for the Golden Valley Rent and Household Assistance Fund. Supporting Documents • Resolution No. 22-001 Transferring ARPA Funds to the HRA to implement a Rent and Household Assistance Program • Nonprofit Vendor Agreement City of Golden Valley 2022 Grant Program (22 pages) RESOLUTION NO. 22-001 RESOLUTION ALLOCATING ARPA FUNDS TO HRA TO IMPLEMENT A RENT AND HOUSEHOLD ASSISTANCE PROGRAM 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 WHEREAS increased demand for food assistance has been documented by PRISM, the local food shelf, since the start of the pandemic and an increased need for rental assistance due to the lifting of the Governor’s eviction moratorium; and WHEREAS the Federal Government has allocated to the City of Golden Valley over $2.2M in ARPA funds to mitigate the costs and impacts of the COVID-19 pandemic within the City; and WHEREAS the guidance from the Department of the Treasury, 31 CFR Part 35 RIN 1505- AC77, states that ARPA funds may be used to respond to the public health emergency or its negative economic impacts including assistance to households or populations facing negative economic impacts due to COVID-19 including: 1) rent assistance, assistance to prevent evictions or homelessness, 2) food assistance, and 3) ARPA funds may be allocated to non- profits to distribute the assistance; and WHEREAS Minnesota Statues 465.039 authorize the governing body statutory city, or of a to appropriate each year out of its general fund, or other unrestricted money, an amount to be determined by the governing body to provide grants to nonprofit organizations operating community food shelves that provide food to the needy without charge. WHEREAS On December 7, 2021, the Golden Valley Housing and Redevelopment Authority approved the establishment, administration, and implementation of the Golden Valley Rent and Household Assistance Program; WHEREAS On December 7, 2021, the Golden Valley Housing and Redevelopment Authority approved the distribution of the ARPA funds in two allocations, $45,000 in 2022 and $45,000 in 2023, if authorized by the Golden Valley City Council; NOW, THEREFORE, BE IT RESOLVED by the Golden Valley City Council to transfer $90,000 of the City’s ARPA allocation to the HRA to distribute in two allocations, $45,000 in 2022 and $45,000 in 2023, for rent and food assistance to eligible residents in Golden Valley. Adopted by the City Council of Golden Valley, Minnesota this 4th day of January 2022. ____________________________________ Shepard M. Harris, Mayor ATTEST: _______________________ Theresa Schyma, City Clerk 1 Agreement No. NONPROFIT VENDOR AGREEMENT CITY OF GOLDEN VALLEY 2022 GRANT PROGRAM THIS AGREEMENT is made and entered into by and between the Housing and Redevelopment Authority in and for the City of Golden Valley (“HRA”), a Minnesota municipal corporation, 7800 Golden Valley Road, Golden Valley, Minnesota 55427, and People Responding in Social Ministry (“Vendor”), 1220 Zane Ave. N., Golden Valley, MN 55422. WITNESSETH WHEREAS, the Coronavirus State and Local Fiscal Recovery Fund established under the American Rescue Plan Act of 2021(“ARPA Funds”), 117 Public Law 117-2, (“ARPA”) was signed into law by the President of the United States on March 11, 2021 and provided for funds to be allocated to local governments, including HRA, to provide additional relief to address the continued impact of COVID-19 on the economy, public health, state and local governments, individuals and businesses; WHEREAS, the Minnesota Legislature established a process for distributing funds provided by ARPA and distributed $2.2M (the “ARPA Funds”) to HRA (via the City of Golden Valley) to mitigate the costs and impacts of the COVID-19 pandemic within the City of Golden Valley; and WHEREAS, guidance from the Treasure Department states the ARPA Funds may be (1) used to assist households or populations facing negative impacts due to COVID-19, (2) this assistance includes food assistance; rent, mortgage or utility assistance; and counseling and legal aid to prevent eviction or homelessness; and (3) allocated to non-profits to distribute assistance to individuals in need of financial assistance related to COVID-19; and WHEREAS, on June 21, 2020 the City of Golden Valley and the Housing and Redevelopment Authority in and for the City of Golden Valley approved the Golden Valley Rent and Household Assistance Program (“the Program”) which authorized the use of the City of Golden Valley’s CARES Act funds (the “CARES Funds”) for homelessness prevention and food assistance in the City of Golden Valley; and WHEREAS, on December 7, 2021the City of Golden Valley and the Housing and Redevelopment Authority in and for the City of Golden Valley approved the use of the City of Golden Valley’s ARPA Funds for the Program for homelessness prevention and food assistance in the City of Golden Valley; and 2 WHEREAS, Vendor applied for a $100,000 grant under the Program to allow PRISM’s Homelessness Prevention Program and Marketplace Food Shelf to continue to provide financial assistance for people at-risk of losing their homes due to the COVID-19 emergency; NOW, THEREFORE, the parties hereunto do hereby agree as follows: 1. SCOPE OF SERVICES A. VENDOR shall expend all or any part of its ARPA Funds allocation only on the activities identified in Exhibit 1 and Exhibit 2 subject to the requirements of this Agreement and the stipulations and requirements set forth in Exhibit 1 to this Agreement. B. VENDOR shall take all necessary actions, not only to comply with the stipulations as set out in Exhibits 1 and 2, but to comply with any requests by the HRA; it being understood that the HRA is responsible to the federal government and the State of Minnesota for ensuring compliance with such requirements. VENDOR will also give the HRA prior written notice of any changes in the scope or character of its activities which it intends to implement using the ARPA Funds. C. VENDOR shall submit all necessary documentation applicable to each specific activity and use of the ARPA Funds and will provide copies of all documents and records needed to ensure that the VENDOR has complied with the appropriate regulations and requirements. 2. TERM OF AGREEMENT The effective date of this Agreement is January 1, 2022. The termination date of this Agreement is the earlier of December 31, 2022, or such time as the activity constituting this Agreement is satisfactorily completed. Upon expiration, VENDOR shall relinquish to the HRA all program funds unexpended and uncommitted. 3. THIRD PARTY AGREEMENTS VENDOR may not subcontract this Agreement or the services to be performed hereunder, whether in whole or in part, nor shall VENDOR otherwise assign, transfer, or pledge this Agreement or the services to be performed hereunder, whether in whole or in part, without the prior consent of the HRA. 4. AMENDMENTS TO AGREEMENT Any material alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when reduced to writing as an Amendment to this Agreement signed, approved and properly executed by the authorized representatives of the parties. 3 5.PAYMENT OF CARES FUNDS The HRA agrees to provide VENDOR with ARPA Funds not to exceed $45,000. It is understood that the HRA shall be held accountable to the federal government and the State of Minnesota for the lawful expenditure of ARPA Funds under this Agreement. 6.INDEMNITY AND INSURANCE A.VENDOR does hereby agree to defend, indemnify, and hold harmless the HRA, its elected officials, officers, agents, volunteers and employees from and against all costs, expenses, claims, suits or judgments arising from or growing out of any injuries, loss or damage sustained by any person or corporation, including employees of VENDOR and property of VENDOR, which are caused by or sustained in connection with the tasks carried out by the VENDOR under this Agreement. B.VENDOR does further agree that, in order to protect itself as well as the HRA under the indemnity agreement provisions herein above set forth, it will at all times during the term of this Agreement and any renewal thereof have and keep in force: a single limit or combined limit or excess umbrella commercial and general liability insurance policy of an amount of not less than $1,000,000 for property damage arising from one occurrence, $1,000,000 for damages arising from death and/or total bodily injuries arising from one occurrence, and $1,000,000 for total personal injuries arising from one occurrence. Such policy shall also include contractual liability coverage protecting the HRA, its officers, agents, and employees by a certificate acknowledging this Agreement between the VENDOR and the HRA. 7.CONFLICT OF INTEREST A.In the procurement of supplies, equipment, construction, and services by the VENDOR, the conflict of interest provisions in 24 CFR 85.36 and OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Grant Guidance), as applicable, shall apply. B.In all other cases, the provisions of 24 CFR 570.611 shall apply. 8.DATA PRIVACY VENDOR agrees to abide by the provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws, rules, and regulations relating to data privacy or confidentiality, and as any of the same may be amended. VENDOR agrees to defend, indemnify and hold the HRA, its elected officials, officers, agents, volunteers and employees harmless from any claims resulting from VENDOR'S unlawful disclosure and/ or use of such protected data. 9.SUSPENSION OR TERMINATION 4 A. If VENDOR materially fails to comply with any term of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, this shall constitute noncompliance and default. Unless the VENDOR'S default is excused by the HRA, the HRA may immediately cancel this Agreement in its entirety. B. HRA'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. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. C. This Agreement may be cancelled with or without cause by either party upon thirty (30) days' written notice. D. ARPA Funds allocated to VENDOR under this Agreement may not be obligated or expended by VENDOR following such date of termination. Any funds allocated to VENDOR under this Agreement which remain unobligated or unspent following such date of termination shall automatically revert to HRA. 10. PROCUREMENT VENDOR shall be responsible for procurement of all supplies, equipment, and services, and construction necessary for implementation of its Activity. Procurement shall be carried out in accordance with the "Common Rule" Administrative Requirements in 24 CFR 85. VENDOR shall prepare, or cause to be prepared, all advertisements, negotiations, notices, and documents, enter into all contracts, and conduct all meetings, conferences, and interviews as necessary to ensure compliance with the above described procurement requirements. 11. ADMINISTRATIVE REQUIREMENTS The uniform administrative requirements delineated in 24 CFR 570.502 and any and all administrative requirements or guidelines promulgated by the HRA shall apply to all activities undertaken by the VENDOR provided for in this Agreement and to any program income generated therefrom. 12. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY A. During the performance of this Agreement, VENDOR agrees to the following: No person shall be excluded from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin; and no person who is protected by applicable federal or state laws against discrimination shall be otherwise subjected to discrimination. B. The VENDOR will furnish all information and reports required to comply with the provisions of 24 CFR Part 570 and all applicable state and federal laws, rules, and regulations pertaining to discrimination and equal opportunity. 5 13. NON-DISCRIMINATION BASED ON DISABILITY A. The VENDOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, to ensure that no otherwise qualified individual with a handicap, as defined in Section 504, shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by VENDOR receiving assistance from HRA. B. When and where applicable, the VENDOR shall comply with, and make best efforts to have its third party providers comply with, Public Law 101-336 Americans With Disabilities Act of 1990, Title I "Employment," Title II "Public Services" - Subtitle A, and Title III "Public Accommodations and Services Operated By Private Entities" and all ensuing federal regulations implementing said Act. 14. LOBBYING A. No federal appropriated funds have been paid or will be paid, by or on behalf of VENDOR, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement VENDOR will complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 15. OTHER CDBG POLICIES The VENDOR shall comply with the applicable section of 24 CFR 570.200, particularly sections (b) (Special Policies Governing Facilities); (c) (Special Assessments); (f) (Means of Carrying out Eligible Activities); and (j) (Faith-Based Activities). 16. RECORD-KEEPING VENDOR shall maintain records of the receipt and expenditure of all ARPA Funds, such records to be maintained in accordance with OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Grant Guidance) and the "Common Rule" Administrative Requirements in 24 CFR 85 and in accordance with OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Grant Guidance), as applicable. All records 6 shall be made available upon request of the HRA for inspection/s and audit/s by the HRA or its representatives. If a financial audit/s determines that the VENDOR has improperly expended CDBG funds, resulting in the U.S. Department of Housing and Urban Development (HUD) disallowing such expenditures, the HRA reserves the right to recover from the VENDOR such disallowed expenditures from non-CDBG sources. Audit procedures are specified below in Section 28 of this AGREEMENT. 17. ACCESS TO RECORDS HRA shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by VENDOR in implementation of this Agreement, and VENDOR agrees to provide all information required by any person authorized by HRA to request such information from VENDOR for the purpose of reviewing the same. 18. AUDIT VENDOR agrees to provide HRA with an annual audit consistent with the Single Audit Act OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Grant Guidance) and, to certify and assure compliance with the financial standards as set forth in Exhibit 1 to this AGREEMENT. A. The VENDOR agrees to provide HRA with an annual audit consistent with the requirements as stated in the first paragraph of this section above. The audit shall be completed and submitted to HRA within the earlier of 30 days after receipt of the auditor’s report(s), or nine months after the end of the audit period. B. HRA will issue a management decision on audit findings within six months after receipt of the audit report and ensure that the HRA takes appropriate and timely corrective action. C. In those instances where less than $750,000 in assistance is expended from all Federal sources in any one fiscal year, and a single audit is not required, the HRA requests the following information within the same timeframe as in A., above: (1) annual financial statements, (2) independent auditor’s report on internal control over financial reporting based on an audit of financial statements performed in accordance with government auditing standards, and (3) the Management Letter. D. The cost of the audit is not reimbursable from ARPA Funds. E. The HRA reserves the right to recover from the VENDOR'S non-ARPA Funds any expenses which are disallowed by an audit. 12 HRA EXECUTION IN WITNESS WHEREOF, the parties hereto agree the day and year first above written. CITY OF GOLDEN VALLEY HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF GOLDEN VALLEY By: __________________________________ Shepard M. Harris, Mayor By: __________________________________ Timothy J. Cruikshank, City Manager By: __________________________________ Maurice Harris, Chair By: __________________________________ Timothy J. Cruikshank, Director 13 VENDOR EXECUTION IN WITNESS WHEREOF, the parties hereto agree the day and year first above written. PRISM By: __________________________________ Name: ________________________________ Title: _________________________________ 14 EXHIBIT 1 PROGRAM DESCRIPTION Golden Valley Rent and Household Assistance Program January 2022 PURPOSE The City of Golden Valley / Golden Valley HRA has received funding from the federal CARES Act and ARPA and has established the Golden Valley Rent and Household Assistance Fund to assist qualified renters and households during the COVID-19 pandemic. The purpose of the Fund is twofold. First, the Fund seeks to assist residents who may be struggling to pay rent and utilities due to impacts of COVID- 19 pandemic, such as job loss. Secondly, the Fund seeks to assist households impacted by COVID-19 with food and other basic household necessities. Guidance provided by the Treasury Department states that funds may be used to: • Prevent evictions and assist in preventing homelessness due to COVID 19. • Provide emergency assistance to individuals and families directly impacted by a loss of income due to COVID-19. • Non-profits to distribute assistance to individuals in need of financial assistance related to COVID-19. OBJECTIVES The program aims to assist renters in making rent and utility payments, as well as assist residents in meeting food and other household needs in order to: • Promote safe and stable housing for renters affected by the COVID-19 pandemic. • Avoid eviction and homelessness due to the non-payment of rent or disconnection of utilities. • Support residents in recovering from the impacts of the COVID-19 pandemic by providing assistance for food and other basic household needs. • Support property owners in continuing to provide affordable housing options in Golden Valley by supporting their tenants. ELIGIBILITY FOR RENT & UTILITY ASSISTANCE • Recipients must reside in Golden Valley; • Have total gross annual income (before deducting taxes) of 50% or less of the area median income (AMI); • Have lost income or experienced other financial hardship due to the COVID-19 pandemic; • Use funds for: • Late rent and rent due within 15 days • Utility payments both due and in arrears; and • Meet the following household income limits: • 50% AMI • 30% AMI ADDITIONAL CONSIDERATIONS FOR RENT & UTILITY ASSISTANCE • Priority will be given to households with incomes below 30% of the area median income. • Households are eligible irrespective of immigration or documentation status. • The amount of assistance provided will depend on the individual needs of the household, taking into consideration other resources the household is eligible to receive. • Payments will be made directly to the rental property owner and/or utility company. • The Fund may provide up to two months of assistance payments for rent and utilities may be provided to any one household. • Assistance must be for rent and or utility expenses due prior to November 15, 2022 or 2023. • Fund payments must be made by December 31, 2022 or 2023. USE OF FUNDS FOR FOOD AND HOUSEHOLD ASSISTANCE The allocation for food and household assistance shall be used to support PRISM’s distribution of food and other household necessities to residents arising from the increased demand for assistance due to the COVID 19 pandemic. Funds may be used to purchase food, pay for additional staff to package food, and associated costs of distributing food to the community. $45,000 of the expenditures must be incurred by December 1, 2022 and $45,000 of the expenditures must be incurred by December 1, 2023. DISBURSEMENT OF FUNDS AND ADMINISTRATION The City of Golden Valley will allocate $90,000 from its ARPA funds to the Rental and Household Assistance Fund for the purposes and objectives stated above. The City may allocate additional funds to the Program depending on need and availability of funds. The City intends for PRISM, Golden Valley’s local food shelf and a housing assistance services provider, to administer funds in accordance with the CARES Act requirements. The City and PRISM will enter into a grant agreement for the administration of the funds. The allocations shall be in the following proportions: • 50% of the allocation shall be directed towards rental assistance; • 50% of the allocation shall be directed towards funding of food and household assistance activities. • Up to 10% of the allocation may be used for administrative and overhead purposes. • The proportion of funds allocated for rental assistance and food and household assistance- activities may deviate by up to 10% and PRISM will provide immediate notice to the City of such deviation. 15 EXHIBIT 2: GRANT APPLICATION 1 | PRISM Grant Application Cover Sheet You may reproduce this form on your computer Date of application: November 29, 2021 Application submitted to: City of Golden Valley Organization Information PRISM Name of organization Legal name, if different 1220 Zane Ave N. Golden Valley, MN, 55422 41-1442049 Address City, State, Zip Employer Identification Number (EIN) (763) 529-1350 (763) 529-1454 www.prismmpls.org Phone Fax Website Michelle Ness, MSW, LISW Executive Director (763)432-4201 mness@prismmpls.org Name of top paid staff Title Phone E-mail Rebecca Stabler Grant Writer & Evaluation Coordinator (763)432-4212 rstabler@prismmpls.org Name of contact person regarding this application Title Phone E-mail Is your organization an IRS 501(c)(3) not-for-profit? x Yes No If no, is your organization a public agency/unit of government? Yes No If no, check with funder for details on using fiscal agents, and list name and address of fiscal agent: Fiscal agent’s EIN number Proposal Information Please give a 2-3 sentence summary of request: A grant from the City of Golden Valley will support PRISM’s basic needs programs. In fiscal year 20-21, our basic needs programs served 5,549 unduplicated individuals in the Marketplace Food Shelf and 483 households in the Homelessness Prevention Program. Population served: Low-income individuals and families of all ages, ethnicities, and cultural backgrounds. Geographic area served: Golden Valley, New Hope, Robbinsdale, Crystal, Plymouth, and surrounding cities. Funds are being requested for (check one) Note: Please be sure funder provides the type of support you are requesting. X General operating support Start-up costs Capital Project/program support Technical assistance Other (list) Project dates (if applicable): January 2022- December 2024 Fiscal year end: September 30 Budget Dollar amount requested: $$45,000 per term; $90,000 for 2 years, which includes $9,000 allocated to administrative fees Total annual organization budget: 2 | PRISM $ 5,186,771 Total project budget (for support other than general operating): n/a Authorization Name and title of top paid staff or board chair: Michelle Ness MSW, LISW, Executive Director Signature PRISM Statement of Need for Golden Valley Funding Regarding Housing: Additional grant dollars from the City of Golden Valley gives PRISM flexibility to keep people in Golden Valley housed. Possibly there are participants who missed the filing deadline or made a mistake on the application or were not able to get all required documentation or got stuck through the very cumbersome and unforgiving application they must complete monthly to receive rental assistance. They are then unable to receive funding directly through Hennepin County, or must wait until the following month to reapply, putting them further behind in their rent payments. Additionally, lots of households are getting ready to face evictions soon, and these funds will allow us to be proactive in supporting Golden Valley residents. 3 | PRISM Organization Information Each year, PRISM contributes to the food, clothing, and housing needs of nearly 7,500 low-income residents of Hennepin County’s northwest suburbs. We have such an enormous impact on our community because we were founded in 1970 by residents who were concerned about their hungry and homeless neighbors. Having started as an informal effort, we have since evolved into a strong, sustainable organization that is a leading provider of basic needs services. Our ties to the community, including the continued generousity of the City of Golden Valley, have helped us reach our mission of providing social services and connections that empower people in our community to build healthy, stable lives. Additionally, your support has allowed us to respond effectively and quickly to the crisis unfolding. This focus on relationships and community can be seen in how PRISM responded to COVID. In March 2020, to protect the health of our participants, staff, and volunteers, PRISM restructured all of our programs to allow for maximum distance. Notably, our Marketplace Food Shelf started providing easily customizable emergency food boxes containing around 100 pounds of food and hygeine items. Despite maintaining our distance we kept in touch with participants to make sure they were connected to other community programs and services and that we were meeting their needs. PRISM did this by having a case manager greet and conduct a health screening with participants, surveying participants on what foods they most liked receiving, and calling participants directly. This focus on connections is what makes PRISM special. Our participants appreciate our hands on approach, saying, “I’ve never encountered a staff member or volunteer with a bad attitude. They made me feel welcome when I’m feeling my poorest and helpless.” Who We Serve PRISM’s Marketplace Food Shelf does not turn anyone seeking food away. Individuals and families can come from anywhere and receive food packages as many times as they need. Due to our location in Golden Valley, we provide housing and children programs to residents of Golden Valley, New Hope, Robbinsdale, Crystal, and Plymouth. Our participants experience episodic or persistent financial hardships and are unable to consistently meet their food, clothing, and housing needs. Most of the people we serve are able to get by until the loss of a job, a major medical expense, a sudden rent increase, or another major life event prevents them from being able to meet their expenses and feed their family. PRISM minimizes these hardships by providing programs to help households stretch their budgets as they continue to build healthy, stable lives. Last fiscal year, our programs helped 7,045 households avoid financial crises. 672% of those served are people of color, 56% identified as female, and children under the age of 18 comprise 40% of those served. Our Programs PRISM meets the basic needs of our community through the following programs:  Food: On March 16, 2020, our Marketplace Food Shelf transitioned to a drive-up model to protect the health of our participants, staff, and volunteers. Through this model, we provided around 100 pounds of fresh food and hygiene items to roughly 1,800 individuals per month. Families with children are given extra food and snacks as there is limited access to free and reduced lunch. In October 2020, we transitioned back indoors, taking precautions to limit the amount of time participants spend in PRISM. In FY 20-21, 5,549 unduplicated individuals were served and there were 1,434 new households that visited PRISM for food. Each household received 100 pounds of food each time they visit. A total of 1,046,957 pounds of food were distributed in FY 20-21. Additionally, we serve as the SNAP Benefits Coordinator at the Golden Valley and New Hope Farmers’ Markets. In FY 20-21 130 individuals were served at the farmers markets. From June – October 2021, 634 individuals received free produce through our fresh produce distributions. We also hosted a 1K 4 | PRISM Turkey Giveaway in 2020 where we provided a turkey and sides to 1,000 households impacted by COVID.  Homelessness Prevention Program: With a variety of funding sources, PRISM administers rental assistance for the 5 cities in our service area, and processes applications through the “renthelpmn” statewide system. To protect everyone’s health, we have moved this program entirely virtual relying on online forms, camera phones, and convenient and safe drop-offs for those with limited internet access. This has increased our capacity to assist households and requires an increase in our internal administrative capacity to manage this rapid growth in rental and utility payments we are sending out the door. In fiscal year (FY) 2020-2021, this program kept 483 households housed through emergency financial assistance, advocacy, and individualized case management. The average amount of assistance received per household was $3,435.  Clothing: PRISM’s Shop for Change Thrift Shop is open to the public, offering uniquely affordable clothing and housewares. Fueled by volunteers, all revenue from Shop for Change supports general operations of PRISM.  Children’s Programs: This September we provided 871 students with the school supplies they needed to be successful students. We are also gearing up for our Holiday Toy Shoppe in December that last year provided gifts to 914 children and teens. Partnerships Through partnerships with many nonprofits, businesses, municipalities, civic organizations, and school districts, we provide meaningful referrals and linkages to best serve our participants. We are now co-located with Jewish Family and Children’s Service of Minnesota (JFCS) in their new building as a tenant. This opportunity arose from the recognition that our history of providing basic needs assistance pairs well with JFCS' array of counseling, employment, and senior services. Our partnership with JFCS has led to new donors and volunteers, funding and staff training opportunities, and community engagement events. During COVID, we were able to partner with JFCS to deliver food to participants with health and/or mobility issues. In addition, PRISM is an active voice in the conversation around suburban poverty and affordable housing. We are a member of the advocacy group Suburban Hennepin Housing Coalition (SHHC). Through this group, we are engaged in discussion with Jewish Community Action, local community housing teams in Golden Valley and Plymouth, and elected city officials to make affordable housing a local priority issue. SHHC has played an integral role in the passing of city ordinances that protect renters and preserve natural occuring affordable housing. Other partnerships include: Second Harvest Heartland and The Food Group for purchase of meat, dairy, and other perishable foods; Community Action Partnership of Hennepin County and Hennepin County Child and Teen Check-Up to educate and provide access to participants for benefits and programs avaliabale to them; Cub, Hy-Vee and Target are our primary partners for rescue food pick-ups; businesses to engage their employees with PRISM through volunteering, and donation drives, including Target (grocery division), Allianz Life Insurance, General Mills, United Health Care, and DriSteem, among others; and our Faith Partner Network which is comprised of representatives from over 20 congregations of various faiths located in PRISM’s service area that organize donation drives for food holiday toys, school supplies, and clothing, and serves as a liaison to share information with the larger community. We believe these experiences and collaborations are testaments to the strength of our programs, skills of our staff, and our sound business practices, transparency, and accountability. Board Members, Staff and Volunteers Our Board of Directors is comprised of 14 members with diverse backgrounds and experiences in the following areas: finance, law, food industry management, marketing, amongst others. Additionally, we are in the process of broadening the diversity of our board to better reflect the communities we serve. To that end, our board members and leadership staff are working with Propel for Nonprofits to develop a recruitment strategy. 5 | PRISM We currently have 24 people on staff. We also are thankful to our dedicated volunteers who help organize shelves, pack food boxes, and help run Shop for Change. On average PRISM volunteers donate over 1300 hours to our program each month. Purpose of Grant Community Need Before the pandemic, we had expected to see our numbers grow as participants struggled to make ends meet. To afford a 2-bedroom apartment people living in our service area need to be making over $22 an hour.1 This is not sustainable for our participants as most make minimum wage, or less than $10 an hour. This disparity between our participants’ wages and rental costs has led to an increase in evictions. When our participants lose their housing, it is difficult for them to find new housing nearby. Naturally Occurring Affordable Housing (NOAH) is becoming less available as landlords are selling these properties and developers are rehabilitating and improving them to attractive more affluent tenants.2 Since March 2020, we provided food to around 900 households every two weeks. We are seeing such a huge increase because lower-income households, those making under $50,000, have been the hardest hit. In our service area, 31% of residents make under $50,000.3 As mentioned, on average our participants make significantly less than $50,000 meaning COVID has caused many new families to seek out our services. However, we did see a decrease in individuals accessing the food shelf this past year in 2021 due to the extra stimulus dollars, increased and extended unemployment, increased food stamps, and the rent moretoreum. Since these extra reliefs have now ended, we do anticipate seeing a large uptick in families coming to PRISM for food and housing assistance. In addition, last year’s sheltering in place required resources – ability to work remotely, job security, and access to childcare and health care – that many of our participants and others in our community do not have. The New York Times found that in metro areas across the US, including the Twin Cities, the top 10 percent of earners were able to limit their movement, while those in the bottom 10 percent continued to travel for work.4 Many of the lowest earners who are still working have jobs that do not have protections in place to keep them and their families safe. At PRISM, we provide individuals and families with the resources – food, rental assistance, and connections to community programs – they need to stay healthy, as many families are still experiencing the affects of having to stay home without necessary resources to support their families Opportunities and Impact At PRISM we know that people living in poverty face significant health disparities – they are more prone to illnesses, are more anxious and stressed, and have shorter life expectancies. In addition, many of our participants self-report having experienced a trauma in their lifetime. We best support the diverse and growing needs of our participants by being intentional in every aspect of our programming. From the lighting in our waiting room to our progressive engagement and trust building, we have created a space and process where participants feel that their voice is heard and has agency. This person-centered approach is especially important now during the COVID-19 pandemic. 1 National Low Income Housing Coalition. Two-Bedroom Housing Wage by Zip Code. Out of Reach. Retrieved from: https://reports.nlihc.org/oor 2 Minnesota Housing: Planning, Research, & Evaluation. (2018, May 2). The loss of Naturally Occurring Affordable Housing (NOAH). 3 Domonoske, C. (2020, March 17). Poll: Nearly 1 in 5 households have lost work because of pandemic. MPR News. Retrieved from: https://www.mprnews.org/story/2020/03/17/npr-poll-nearly-1-in-5-households-have-lost-work-because-of-pandemic 4 Valentino-DeVries, J, Lu, D. & Dance, G.J.X.(2020, April 3). Location data says it all: Staying at home during Coronavirus is a luxury. New York Times. Retrieved from: https://www.nytimes.com/interactive/2020/04/03/us/coronavirus-stay-home-rich- poor.html?referringSource=articleShare 6 | PRISM We also have not and will not turn anyone away. As mentioned above, we have seen our numbers double since the outbreak and closures. We have been able to meet this growing demand by changing our service delivery, to protect the health of our participants and staff. We provide each participant with around 100 pounds of food, including non-perishables, produce, dairy, meat, pet food, diapers and hygiene items.. Our case managers also take calls from participants who need help navigating systems. As we go forward we will continue to broaden our donor base, encouraging individuals and foundations to support PRISM through food and financial donations. Timeline We greatly appreciate the previous support we have received from City of Golden Valley. A $90,000 grant will support our basic needs programs during January 2022-December 2024. Your support will be especially impactful as we continue to respond to the need caused by COVID-19. Below is a timeline of proposed activities: January 2021-December 2024 • Provide City of Golden Valley with acknowledgement of receipt • Provide 1100 households per month with 100 pounds of healthy foods through Marketplace Food Shelf • Assist 9 households per year with an average of 1-2 months of housing costs per household • April 2022 provide City of Golden Valley a progress report of outcomes for food and housing support • Submit quarterly/annual reports as required Goals, Objectives and Previous Support Outcomes: Thank you for your continued support of PRISM. Below is a breakdown of what your support will help us achieve and our goals and objectives for the grant period: Goals FY20/21 Outputs &Outcomes FY21/22 Projections Households have access to healthy food. 1,046,957 pounds of food were distributed to 7,045 households (unduplicated). 1,250,000 pounds of food will be distributed to 6,000 households. Households maintain housing. 483 households were provided with case management, referrals, and financial assistance to prevent eviction. 1000 households will be provided with case management, and funds to prevent eviction and stabilize their housing. Long-term Funding Strategies PRISM is well positioned to continue being a long-term provider of basic needs services to our community. This confidence comes from our reputation of being a trustworthy organization with a mission and vision people believe in. Thanks in large part to this reputation we have seen donor contributions increase 175% or $800,000 in the last three years. Similarly, by diversifying our funding sources, our net has increased by $200,000 per year over the last three years and PRISM’s total equity has more than tripled to its current total of over $1.5 million. We are projected to have positive cash flow for the next 18 months with an average of 2-3 months of expenses on have and our liabilities are less than 10% of our assets. In addition, Shop for Change Thrift Store remains a reliable source of income contributing around 5-10% of our annual budget. Evaluation PRISM’s overarching goal is to build healthy, stable lives. We are committed to evaluating the quality and effectiveness of our programs to best serve our participants and the community. 7 | PRISM We use a secure database, Client Track, to maintain case files, record demographics, and services delivered in our programs. Our financial system tracks rental assistance provided and the value of supplemental food purchased. Monthly and annual reports from both systems enable us to monitor and measure achieved levels of service compared to our goals. PRISM’s Grants & Evaluation Coordinator manages the implementation of feedback tools to gather participant feedback and analyzes the data to measure the impact of our programs. PRISM's direct service staff are primarily responsible for collecting and recording participant data used in evaluation. PRISM's leadership team oversees the evaluation of data and uses the information and analysis to shape future programming and service delivery. Evaluation results are shared with the full staff, board of directors, volunteers, and funders, as well as donors and the general community. We look forward to sharing our accomplishments in future communications with the City of Golden Valley. 16 EXHIBIT 3 ASSURANCE AND CERTIFICATION VENDOR COMPLIANCE VENDOR shall comply with the Single Audit Act, OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Grant Guidance). VENDOR shall maintain a system of internal control over all programs in order to demonstrate compliance with the Single Audit Act, Uniform Grant Guidance and other pertinent laws and regulations. VENDOR shall respond to audit findings, questioned costs or other compliance measures issues which may include taking requisite corrective action, executing necessary documents and other requirements; If VENDOR is a nonprofit organization, VENDOR’s signature on this Agreement assures and certifies it has met federal, state and local requirements regarding VENDOR’s financial management system. VENDOR is hereby notified of the following Federal Award Identification Information: 1. VENDOR name (which must match registered name in DUNS): People Responding in Social Ministry (PRISM) 2. VENDOR's DUNS number (see § 200.32 Data Universal Numbering System (DUNS) number): 062079640 3. Federal Award Identification Number (FAIN): ______________ 4. Federal Award Date (see § 200.39 Federal award date): To be determined 5. Subaward Period of Performance Start and End Date: 1/1/2022 – 12/31/2022 6. Amount of Federal Funds Obligated by this action: $45,000 7. Total Amount of Federal Funds Obligated to the VENDOR: $45,000 8. Total Amount of the Federal Award: $2,200,000 9. Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA): See activities in Exhibit 2. 10. Name of Federal awarding agency, pass-through entity, and contact information for awarding official: U.S. Department of Housing and Urban Development, Hennepin County, spencer.agnew@hennepin.us 11. CFDA Number and Name; the pass-through entity must identify the dollar amount made available under each Federal award and the CFDA number at time of disbursement: 14.218, Community Development Block Grant 12. Identification of whether the award is R&D: Not R&D R&D means Research and Development. OMB Uniform Grant Guidance defines “Research” as the systematic study directed toward fuller scientific knowledge or 17 understanding of the subject studied. “Development” is defined as the systematic use of knowledge or understanding gained from research. 13. Indirect cost rate for the Federal award (including if the de minimis rate is charged per § 200.414 Indirect (F&A) costs) and: Indirect costs not applicable. 14. Identification of whether the award is used as loans or loan guarantees: The award is not a loan or loan guarantee project As applicable, VENDOR shall confirm in writing that VENDOR did not expend $750,000 or more in total federal funds in a fiscal year. If VENDOR expends $750,000 or more of federal funds in a fiscal year, VENDOR shall complete financial and compliance audits in accordance with the Single Audit Act and/or OMB Uniform Grant Guidance, as applicable. VENDOR shall cooperate fully in the following: 1. During the term of this Agreement and as necessary after the expiration of this Agreement, to ensure compliance with applicable law, VENDOR agrees to provide an annual audit report consistent with the provisions of the Single Audit Act and/or OMB Uniform Grant Guidance in accordance with government auditing standards, as applicable, within nine (9) months after VENDOR’s fiscal year-end. The cost of an audit is not reimbursable from funds received through this Agreement. 2. VENDOR shall provide all information requested by COUNTY and report as directed by COUNTY. As applicable, VENDOR shall maintain property records that include a description of the applicable property, a serial number or other identification number, the source of the property, who holds title, the acquisition date and cost of the property, the percentage of federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data, including the date of disposal and sale price of the property. VENDOR shall make said records available to COUNTY within five (5) business days of COUNTY’s written request. Failure to comply with the above requirements may result in forfeiture of funds. Without limiting any other remedies available at law, COUNTY reserves the right to recover from VENDOR the full amount of any funds found to be improperly expended or otherwise disallowed. We certify and assure that we are in compliance with the above conditions. Specifically, our organization's financial management system provides for the following: 1. Accurate, current, and complete disclosure of the financial results of each federally sponsored project or program in accordance with the reporting requirements set forth in OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Grant Guidance). 2. Records that identify adequately the source and application of funds for federally sponsored activities. These records contain information pertaining to federal awards, authorizations, obligations, unobligated balances, assets, outlays, and income. 18 3. Effective control over and accountability for all funds, property, and other assets. These assets are adequately safeguarded and are used solely for authorized purposes. 4. Comparison of actual outlays with budget amounts for each grant or other agreement and, whenever appropriate or required, comparisons of financial information with performance and unit cost data. 5. Procedures to minimize the elapsed time between the transfer of funds from the county to our organization and the disbursement of funds by our organization. 6. Procedures for determining the reasonableness, allowability, and allocability of costs in accordance with the provisions of the applicable federal cost principles and the terms of the grant or other agreement. 7. Accounting records that are supported by source documentation. 8. Annual audits by a firm of independent certified public accountants to ascertain the effectiveness of the financial management systems and internal procedures that we have established to meet the terms and conditions of the federal grants and other agreements. The audits are conducted on an organization-wide basis and include an appropriate sampling of federal agreements. 9. A systematic method to assure timely and appropriate resolution of audit findings and recommendations. 10. Organizations (VENDORs) that receive CDBG funds from us are required to comply with the financial management standards set forth in this certification. Golden Valley City Council Meeting January 4, 2022 Agenda Item 3. C. 2. Approve Resolution No. 22-002 Transferring American Rescue Plan Act (ARPA) Funds to the Housing and Redevelopment Authority (HRA) to Implement a Housing Navigation Services Program and to approve the Grant Agreement for the Golden Valley Housing Navigation Services Program. Prepared By Sue Virnig, Finance Director Cherie Shoquist, Housing and Economic Development Manager Summary The Federal Government recently allocated $2.2M in ARPA Funds to the City of Golden Valley to assist with expenses and impacts related to the COVID-19 Pandemic. The Treasury Department has provided guidance regarding the use of these funds. The guidance states that ARPA funds may be used to respond to the public health emergency or its negative economic impacts including assistance to households or populations facing negative economic impacts due to COVID-19 including: 1) rent assistance, assistance to prevent evictions or homelessness; 2) food assistance; and 3) ARPA funds may be allocated to non-profits to distribute the assistance. Since the COVID-19 outbreak and closures, PRISM, the City’s local food shelf and housing assistance provider, has provided rental assistance, referrals, and case management to prevent eviction of 483 households in fiscal year 2020-2021. PRISM reports a continued need for services due to the ongoing negative impacts due to COVID-19, slow return to full employment, rent increases, food prices increasing with limited availability, and the end of the eviction moratorium. To address these needs within Golden Valley, a Housing Navigation Services program was developed and approved by the HRA on December 7, 2021. If approved by the City Council, $10,000 in ARPA funds will be dedicated to housing services. PRISM has the staff, experience, and infrastructure to assess the needs of households, distribute appropriate resources effectively, and document the use of grant funds for the City’s audit needs. Staff is recommending the Council adopt the attached resolution transferring $10,000 of the ARPA funds received by the Federal Government to the HRA to fund the establishment of the program. Financial Or Budget Considerations Funding for the Housing Navigation Services Program will come from the City’s ARPA allocation. City Council Regular Meeting Executive Summary City of Golden Valley January 4, 2022 2 Recommended Action Motion to approve Resolution No. 22-002 Transferring ARPA Funds to the HRA to implement a Housing Navigation Services Program and to approve the grant Agreement with PRISM for the administration of the Golden Valley Housing Navigation Services Program. Supporting Documents • Resolution No. 22 -002 Transferring ARPA Funds to the HRA to implement a Housing Navigation Services Program • Non-Profit Vendor Agreement City of Golden Valley 2022 Grant Program (21 pages) RESOLUTION NO. 22-002 RESOLUTION ALLOCATING ARPA FUNDS TO HRA TO IMPLEMENT A HOUSING NAVIGATING SERVICES PROGRAM 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 WHEREAS increased food, rent, eviction and homeless prevention assistance has been documented by PRISM, the local food shelf and social services provider, since the start of the pandemic and the lifting of the Governor’s eviction moratorium; and WHEREAS the Federal Government has allocated to the City of Golden Valley over $2.2M in ARPA funds to mitigate the costs and impacts of the COVID-19 pandemic within the City; and WHEREAS The guidance from the Department of the Treasury, 31 CFR Part 35 RIN 1505- AC77, states that ARPA funds may be used to respond to the public health emergency or its negative economic impacts including assistance to households or populations facing negative economic impacts due to COVID-19 including: 1) rent assistance, assistance to prevent evictions or homelessness, 2) food assistance, and 3) ARPA funds may be allocated to non- profits to distribute the assistance; and WHEREAS Minnesota Statues 465.039 authorize the governing body statutory city, or of a to appropriate each year out of its general fund, or other unrestricted money, an amount to be determined by the governing body to provide grants to nonprofit organizations operating community food shelves that provide food to the needy without charge. WHEREAS On December 7, 2021, the Golden Valley Housing and Redevelopment Authority approved the establishment, administration, and implementation of the Golden Valley Rent Housing Navigation Services Program; WHEREAS On December 7, 2021, the Golden Valley Housing and Redevelopment Authority approved the distribution of $10,000 of ARPA funds for Housing Navigation Services, if authorized by the Golden Valley City Council; NOW, THEREFORE, BE IT RESOLVED by the Golden Valley City Council to transfer $10,000 of the City’s ARPA allocation to the HRA to provide housing navigation services to eligible residents in Golden Valley. Adopted by the City Council of Golden Valley, Minnesota this 4th day of January 2022. ____________________________________ Shepard M. Harris, Mayor ATTEST: _______________________ Theresa Schyma, City Clerk 1 Agreement No. NONPROFIT VENDOR AGREEMENT CITY OF GOLDEN VALLEY 2022 GRANT PROGRAM THIS AGREEMENT is made and entered into by and between the Housing and Redevelopment Authority in and for the City of Golden Valley (“HRA”), a Minnesota municipal corporation, 7800 Golden Valley Road, Golden Valley, Minnesota 55427, and People Responding in Social Ministry (“Vendor”), 1220 Zane Ave. N., Golden Valley, MN 55422. WITNESSETH WHEREAS, the Coronavirus State and Local Fiscal Recovery Fund established under the American Rescue Plan Act of 2021(“ARPA Funds”), 117 Public Law 117-2, (“ARPA”) was signed into law by the President of the United States on March 11, 2021 and provided for funds to be allocated to local governments, including HRA, to provide additional relief to address the continued impact of COVID-19 on the economy, public health, state and local governments, individuals and businesses; WHEREAS, the Minnesota Legislature established a process for distributing funds provided by ARPA and distributed $2.2M (the “ARPA Funds”) to HRA (via the City of Golden Valley) to mitigate the costs and impacts of the COVID-19 pandemic within the City of Golden Valley; and WHEREAS, guidance from the Treasure Department states the ARPA Funds may be (1) used to assist households or populations facing negative impacts due to COVID-19, (2) this assistance includes food assistance; rent, mortgage or utility assistance; and counseling and legal aid to prevent eviction or homelessness; and (3) allocated to non-profits to distribute assistance to individuals in need of financial assistance related to COVID-19; and WHEREAS, on December 7, 2021 the City of Golden Valley and the Housing and Redevelopment Authority in and for the City of Golden Valley approved the Golden Valley Housing Navigator Services Program (“the Program”) which authorized the use of the City of Golden Valley’s ARPA funds (the “ARPA Funds”) for housing navigation services in the City of Golden Valley; and WHEREAS, Vendor applied for a $10,000 grant under the Program to allow PRISM to provide housing navigation services for people at-risk of losing their homes to prevent eviction or homelessness due to the COVID-19 emergency; NOW, THEREFORE, the parties hereunto do hereby agree as follows: 2 1.SCOPE OF SERVICES A.VENDOR shall expend all or any part of its ARPA Funds allocation only on the activities identified in Exhibit 1 and Exhibit 2, subject to the requirements of this Agreement and the stipulations and requirements set forth in Exhibit 1 to this Agreement. B.VENDOR shall take all necessary actions, not only to comply with the stipulations as set out in Exhibits 1 and 2, but to comply with any requests by the HRA; it being understood that the HRA is responsible to the federal government and the State of Minnesota for ensuring compliance with such requirements. VENDOR will also give the HRA prior written notice of any changes in the scope or character of its activities which it intends to implement using the ARPA Funds. C.VENDOR shall submit all necessary documentation applicable to each specific activity and use of the ARPA Funds and will provide copies of all documents and records needed to ensure that the VENDOR has complied with the appropriate regulations and requirements. 2.TERM OF AGREEMENT The effective date of this Agreement is January 1, 2022. The termination date of this Agreement is the earlier of December 31, 2022, or such time as the activity constituting this Agreement is satisfactorily completed. Upon expiration, VENDOR shall relinquish to the HRA all program funds unexpended and uncommitted. 3.THIRD PARTY AGREEMENTS VENDOR may not subcontract this Agreement or the services to be performed hereunder, whether in whole or in part, nor shall VENDOR otherwise assign, transfer, or pledge this Agreement or the services to be performed hereunder, whether in whole or in part, without the prior consent of the HRA. 4.AMENDMENTS TO AGREEMENT Any material alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when reduced to writing as an Amendment to this Agreement signed, approved and properly executed by the authorized representatives of the parties. 5.PAYMENT OF CARES FUNDS The HRA agrees to provide VENDOR with ARPA Funds not to exceed $10,000. It is understood that the HRA shall be held accountable to the federal government and the State of Minnesota for the lawful expenditure of ARPA Funds under this Agreement. 3 6. INDEMNITY AND INSURANCE A. VENDOR does hereby agree to defend, indemnify, and hold harmless the HRA, its elected officials, officers, agents, volunteers and employees from and against all costs, expenses, claims, suits or judgments arising from or growing out of any injuries, loss or damage sustained by any person or corporation, including employees of VENDOR and property of VENDOR, which are caused by or sustained in connection with the tasks carried out by the VENDOR under this Agreement. B. VENDOR does further agree that, in order to protect itself as well as the HRA under the indemnity agreement provisions herein above set forth, it will at all times during the term of this Agreement and any renewal thereof have and keep in force: a single limit or combined limit or excess umbrella commercial and general liability insurance policy of an amount of not less than $1,000,000 for property damage arising from one occurrence, $1,000,000 for damages arising from death and/or total bodily injuries arising from one occurrence, and $1,000,000 for total personal injuries arising from one occurrence. Such policy shall also include contractual liability coverage protecting the HRA, its officers, agents, and employees by a certificate acknowledging this Agreement between the VENDOR and the HRA. 7. CONFLICT OF INTEREST A. In the procurement of supplies, equipment, construction, and services by the VENDOR, the conflict of interest provisions in 24 CFR 85.36 and OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Grant Guidance), as applicable, shall apply. B. In all other cases, the provisions of 24 CFR 570.611 shall apply. 8. DATA PRIVACY VENDOR agrees to abide by the provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws, rules, and regulations relating to data privacy or confidentiality, and as any of the same may be amended. VENDOR agrees to defend, indemnify and hold the HRA, its elected officials, officers, agents, volunteers and employees harmless from any claims resulting from VENDOR'S unlawful disclosure and/or use of such protected data. 9. SUSPENSION OR TERMINATION A. If VENDOR materially fails to comply with any term of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, this shall constitute noncompliance and default. Unless the VENDOR'S default is excused by the HRA, the HRA may immediately cancel this Agreement in its entirety. B. HRA'S failure to insist upon strict performance of any provision or to exercise 4 any right under this Agreement shall not be deemed a relinquishment or waiver of the same. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. C. This Agreement may be cancelled with or without cause by either party upon thirty (30) days' written notice. D. ARPA Funds allocated to VENDOR under this Agreement may not be obligated or expended by VENDOR following such date of termination. Any funds allocated to VENDOR under this Agreement which remain unobligated or unspent following such date of termination shall automatically revert to HRA. 10. PROCUREMENT VENDOR shall be responsible for procurement of all supplies, equipment, and services, and construction necessary for implementation of its Activity. Procurement shall be carried out in accordance with the "Common Rule" Administrative Requirements in 24 CFR 85. VENDOR shall prepare, or cause to be prepared, all advertisements, negotiations, notices, and documents, enter into all contracts, and conduct all meetings, conferences, and interviews as necessary to ensure compliance with the above described procurement requirements. 11. ADMINISTRATIVE REQUIREMENTS The uniform administrative requirements delineated in 24 CFR 570.502 and any and all administrative requirements or guidelines promulgated by the HRA shall apply to all activities undertaken by the VENDOR provided for in this Agreement and to any program income generated therefrom. 12. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY A. During the performance of this Agreement, VENDOR agrees to the following: No person shall be excluded from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin; and no person who is protected by applicable federal or state laws against discrimination shall be otherwise subjected to discrimination. B. The VENDOR will furnish all information and reports required to comply with the provisions of 24 CFR Part 570 and all applicable state and federal laws, rules, and regulations pertaining to discrimination and equal opportunity. 13. NON-DISCRIMINATION BASED ON DISABILITY A. The VENDOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, to ensure that no otherwise qualified individual with a handicap, as defined in Section 504, shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by 5 VENDOR receiving assistance from HRA. B. When and where applicable, the VENDOR shall comply with, and make best efforts to have its third party providers comply with, Public Law 101-336 Americans With Disabilities Act of 1990, Title I "Employment," Title II "Public Services" - Subtitle A, and Title III "Public Accommodations and Services Operated By Private Entities" and all ensuing federal regulations implementing said Act. 14. LOBBYING A. No federal appropriated funds have been paid or will be paid, by or on behalf of VENDOR, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement VENDOR will complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 15. OTHER CDBG POLICIES The VENDOR shall comply with the applicable section of 24 CFR 570.200, particularly sections (b) (Special Policies Governing Facilities); (c) (Special Assessments); (f) (Means of Carrying out Eligible Activities); and (j) (Faith-Based Activities). 16. RECORD-KEEPING VENDOR shall maintain records of the receipt and expenditure of all ARPA Funds, such records to be maintained in accordance with OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Grant Guidance) and the "Common Rule" Administrative Requirements in 24 CFR 85 and in accordance with OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Grant Guidance), as applicable. All records 6 shall be made available upon request of the HRA for inspection/s and audit/s by the HRA or its representatives. If a financial audit/s determines that the VENDOR has improperly expended CDBG funds, resulting in the U.S. Department of Housing and Urban Development (HUD) disallowing such expenditures, the HRA reserves the right to recover from the VENDOR such disallowed expenditures from non-CDBG sources. Audit procedures are specified below in Section 28 of this AGREEMENT. 17. ACCESS TO RECORDS HRA shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by VENDOR in implementation of this Agreement, and VENDOR agrees to provide all information required by any person authorized by HRA to request such information from VENDOR for the purpose of reviewing the same. 18. AUDIT VENDOR agrees to provide HRA with an annual audit consistent with the Single Audit Act OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Grant Guidance) and, to certify and assure compliance with the financial standards as set forth in Exhibit 1 to this AGREEMENT. A. The VENDOR agrees to provide HRA with an annual audit consistent with the requirements as stated in the first paragraph of this section above. The audit shall be completed and submitted to HRA within the earlier of 30 days after receipt of the auditor’s report(s), or nine months after the end of the audit period. B. HRA will issue a management decision on audit findings within six months after receipt of the audit report and ensure that the HRA takes appropriate and timely corrective action. C. In those instances where less than $750,000 in assistance is expended from all Federal sources in any one fiscal year, and a single audit is not required, the HRA requests the following information within the same timeframe as in A., above: (1) annual financial statements, (2) independent auditor’s report on internal control over financial reporting based on an audit of financial statements performed in accordance with government auditing standards, and (3) the Management Letter. D. The cost of the audit is not reimbursable from ARPA Funds. E. The HRA reserves the right to recover from the VENDOR'S non-ARPA Funds any expenses which are disallowed by an audit. 12 HRA EXECUTION IN WITNESS WHEREOF, the parties hereto agree the day and year first above written. CITY OF GOLDEN VALLEY HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF GOLDEN VALLEY By: __________________________________ Shepard M. Harris, Mayor By: __________________________________ Timothy J. Cruikshank, City Manager By: __________________________________ Maurice Harris, Chair By: __________________________________ Timothy J. Cruikshank, Director 13 VENDOR EXECUTION IN WITNESS WHEREOF, the parties hereto agree the day and year first above written. PRISM By: __________________________________ Name: ________________________________ Title: _________________________________ 14 EXHIBIT 1 PROGRAM DESCRIPTION EXHIBIT 1 PROGRAM DESCRIPTION City of Golden Valley Housing Navigation Services Program January 2022 PURPOSE The City of Golden Valley / Golden Valley HRA has received funding from the federal American Rescue Plan Act (ARPA) and has established the Golden Valley Housing Navigation Services Program to assist qualified renters facing negative economic impacts due to the COVID-19 pandemic. The purpose of this program is to provide rental housing navigation services to prevent eviction or homelessness and keep renters stable in the community. The primary focus of service will be assessing and addressing barriers the household is facing, specifically focusing around housing, utilization of benefits, employment, and financial security to maintain housing stability. Guidance provided by the Treasury Department states that ARPA funds may be used to: respond to the public health emergency or its negative economic impacts including assistance to households or populations facing negative economic impacts due to COVID-19. This includes but is not limited to counseling and legal aid to prevent eviction or homelessness. In assessing whether a household or population experienced economic harm as a result of the pandemic, a City may presume that a household or population that experienced unemployment or increased food or housing insecurity or is low or moderate income experienced negative impacts resulting from the pandemic. OBJECTIVES The program aims to provide need based housing specific case management for households requesting assistance with rental housing search and accessing affordable housing in order to: • Avoid eviction and/or homelessness. • Promote safe and stable housing for renters recovering from the impacts of the COVID-19 pandemic. • Support property owners in continuing to provide affordable housing options in Golden Valley by supporting their tenants. ELIGIBILITY FOR HOUSING NAVIGATION SERVICES • Recipients must reside in Golden Valley; • Be experiencing housing instability and are in need of services to prevent eviction or homelessness; • Have experienced negative economic impacts due to the COVID-19 pandemic; and/or • Have total gross annual income (before deducting taxes) of 50% or less of the area median income (AMI). ADDITIONAL CONSIDERATIONS FOR HOUSING NAVIGATION SERVICES • Priority will be given to households with incomes below 30% of the area median income. • Households are eligible irrespective of immigration or documentation status. • The level of services provided will depend on the individual needs of the household, taking into consideration other resources the household is eligible to receive. USE OF FUNDS FOR HOUSING NAVIGATION SERVICES The ARPA allocation for housing navigation services shall be used to: • Establish trust and rapport with families as a foundation of the service process • Assist in search for affordable housing, filling out applications, internet search • Assist homeless individuals in securing shelter and/or housing • Advocate on behalf of participants experiencing domestic violence and connect them with appropriate resources • Maintain and expanding a broad list of landlords and property managers that will work with households that may have barriers; specifically in the PRISM Homelessness Prevention service area (New Hope, Robbinsdale, Plymouth, Golden Valley, and Crystal) • Collaborate with partners to provide the best services for participants experiencing homelessness or housing insecurity • Maintain professional working relationship with Hennepin County staff • Provide recommendations, reports and data as required • Complete intake paperwork and enter data in database • Manage and spend funds on correct timeline • Expenditures must be incurred by November 15, 2022 and 2023 DISBURSEMENT OF FUNDS AND ADMINISTRATION The City of Golden Valley will allocate $10,000 from its ARPA funds to the Housing Navigation Service Program for the purposes and objectives stated above. The City may allocate additional funds to the Program depending on need and availability of funds. The City intends for PRISM, Golden Valley’s local food shelf and a housing assistance services provider, to utilize the funds to provide services in accordance with the ARPA requirements. The City and PRISM will enter into a grant agreement for the use of the funds. PRISM did not request administrative funding; 100% of the allocation shall be directed towards rental housing navigation services. 15 EXHIBIT 2: GRANT APPLICATION 1 | PRISM Grant Application Cover Sheet You may reproduce this form on your computer Date of application: November 29, 2021 Application submitted to: City of Golden Valley Organization Information PRISM Name of organization Legal name, if different 1220 Zane Ave N. Golden Valley, MN, 55422 41-1442049 Address City, State, Zip Employer Identification Number (EIN) (763) 529-1350 (763) 529-1454 www.prismmpls.org Phone Fax Website Michelle Ness, MSW, LISW Executive Director (763)432-4201 mness@prismmpls.org Name of top paid staff Title Phone E-mail Rebecca Stabler Grant Writer & Evaluation Coordinator (763)432-4212 rstabler@prismmpls.org Name of contact person regarding this application Title Phone E-mail Is your organization an IRS 501(c)(3) not-for-profit? x Yes No If no, is your organization a public agency/unit of government? Yes No If no, check with funder for details on using fiscal agents, and list name and address of fiscal agent: Fiscal agent’s EIN number Proposal Information Please give a 2-3 sentence summary of request: A grant from the City of Golden Valley will support PRISM’s new Housing Navigator Position. In fiscal year 20/21, PRISM prevented homelessness for 483 families in our service area. We would like to expand our services to include proactively assisting our precariously housed and unhoused community members in finding affordable housing. Population served: Low-income individuals and families of all ages, ethnicities, and cultural backgrounds. Geographic area served: Golden Valley, New Hope, Robbinsdale, Crystal, Plymouth, and surrounding cities. Funds are being requested for (check one) Note: Please be sure funder provides the type of support you are requesting. General operating support Start-up costs Capital x Project/program support Technical assistance Other (list) Project dates (if applicable): 1/22-12/22 1/23-12/24 Fiscal year end: September 30 Budget Dollar amount requested: $5,000 per term Total annual organization budget: $ 5,186,771.00 2 | PRISM Total project budget (for support other than general operating): $60,000 (one year salary of the Housing Locater) $120,000 for 2 years Authorization Name and title of top paid staff or board chair: Michelle Ness MSW, LISW, Executive Director Signature PRISM Statement of Need for Golden Valley Funding Regarding Housing: Additional grant dollars from the City of Golden Valley gives PRISM flexibility to keep people in Golden Valley housed. Possibly there are participants who missed the filing deadline or make a mistake on the application or were not able to get all required documentation or got stuck through the very cumbersome and unforgiving application they must complete monthly to receive rental assistance. They are then unable to receive funding directly through Hennepin County, or must wait until the following month to reapply, putting them further behind in their rent payments. Additionally, lots of households are getting ready to face evictions soon, and these funds will allow us to be proactive in supporting Golden Valley residents. 3 | PRISM Organization Information Each year, PRISM contributes to the food, clothing, and housing needs of nearly 7,500 low-income residents of Hennepin County’s northwest suburbs. We have such an enormous impact on our community because we were founded in 1970 by residents who were concerned about their hungry and homeless neighbors. Having started as an informal effort, we have since evolved into a strong, sustainable organization that is a leading provider of basic needs services. Our ties to the community, including the continued generousity of the City of Golden Valley, have helped us reach our mission of providing social services and connections that empower people in our community to build healthy, stable lives. Additionally, your support has allowed us to respond effectively and quickly to the crisis unfolding. This focus on relationships and community can be seen in how PRISM responded to COVID. In March of 2020, to protect the health of our participants, staff, and volunteers, PRISM restructured all of our programs to allow for maximum distance. Notably, our Marketplace Food Shelf started providing easily customizable emergency food boxes containing around 100 pounds of food and hygeine items. Dispite maintaining our distance we kept in touch with participants to make sure they were connected to other community programs and services and that we were meeting their needs. PRISM did this by having a case manager greet and conduc a health screening with participants, surveying participants on what foods they most liked receiving, and calling participants directly. This focus on connections is what makes PRISM special. Our participants appreciate our hands on approach, saying, “I’ve never encountered a staff member or volunteer with a bad attitude. They made me feel welcome when I’m feeling my poorest and helpless.” Who We Serve PRISM has traditionally had a “Service Area” of Golden Valley, Robbinsdale, New Hope, Plymouth and Crystal. Due to the ever changing and evolving best practice, and also reflecting the often highly mobile nature of our participants, PRISM does not turn anyone away seeking food assistance. Due to funding restrictions, we do limit our Homelessness Prevention direct assistance (monetary) services currently to our 5 city service area. Our participants experience episodic or persistent financial hardships and are unable to consistently meet their food, clothing, and housing needs. Most of the people we serve are able to get by until the loss of a job, a major medical expense, a sudden rent increase, or another major life event prevents them from being able to meet their expenses and feed their family. PRISM addresses these hardships by providing programs meant to help households stretch their budgets as they continue to build healthy, stable lives. Our Programs PRISM meets the basic needs of our community through the following programs:  Food: PRISM serves households seeking food assistance Monday through Thursday. Each household receives about 100 pounds of food on each visit and can come once a week. Additionally, we administer SNAP benefits at the New Hope and Golden Valley Farmer’s markets.  Homelessness Prevention Program: With a variety of funding sources, PRISM administers rental assistance for the 5 cities in our service area, and processes applications through the “renthelpmn” statewide system. To protect everyone’s health, we have moved this program entirely virtual relying on online forms, camera phones, and convenient and safe drop-offs for those with limited internet access.  Clothing: PRISM’s Shop for Change Thrift Shop is open to the public, offering uniquely affordable clothing and housewares.  Children’s Programs: PRISM provides holiday toys and school supplies seasonally to hundreds of children in our 5-city service area each year. 4 | PRISM Partnerships Through partnerships with many nonprofits, businesses, municipalities, civic organizations, and school districts, we provide meaningful referrals and linkages to best serve our participants. As of March 2018, we completed a successful move to a newly remodeled building in Golden Valley. We are now co-located with Jewish Family and Children’s Service of Minnesota (JFCS) in their new building as a tenant. This opportunity arose from the recognition that our history of providing basic needs assistance pairs well with JFCS' array of counseling, employment, and senior services. Our partnership with JFCS has led to new donors and volunteers, funding and staff training opportunities, and community engagement events. During COVID, we have been able to partner with JFCS to deliver food to participants with health and/or mobility issues. In addition, PRISM is an active voice in the conversation around suburban poverty and affordable housing. We are a co-founding member of the advocacy group Suburban Hennepin Housing Coalition (SHHC). Through this group, we are engaged in discussion with Jewish Community Action, local community housing teams in Golden Valley and Plymouth, and elected city officials to make affordable housing a local priority issue. SHHC has played an integral role in the passing of city ordinances that protect renters and preserve natural occuring affordable housing. We believe these experiences and collaborations are testaments to the strength of our programs, skills of our staff, and our sound business practices, transparency, and accountability. Board Members, Staff and Volunteers Our Board of Directors is comprised of 14 members with diverse backgrounds and experiences in the following areas: finance, law, food industry management, marketing, amongst others. Additionally, we are in the process of broadening the diversity of our board to better reflect the communities we serve. To that end, our board members and leadership staff are working with Propel for Nonprofits to develop a recruitment strategy. We currently have 24 people on staff. To meet the needs of our community and organization, we shifted most staff member’s roles to fulltime. We also are thankful to our dedicated volunteers who help organize shelves, pack food boxes, and help run Shop for Change. On average PRISM volunteers donate over 1,000 hours to our program each month. Purpose of Grant Community Need Over the past two years, we have seen the job market shift and the housing market boom. A volitiale real estate market can lead to rapidly rising rents-that combined with the COVID related employment isses in Minnesota, many in our community are living precariously housed. According to a September article in the Star Tribune Minnesota currently has the worst housing shortage in the nation. “The state is expected to be 40,000 houses and apartments short of what's needed over the next five years to keep pace with population growth, a new estimate from the Minnesota Housing Finance Agency finds” (Buchta, 2021). https://www.startribune.com/no-wonder-its-hard-to-find-a-new-home-the-twin-cities-has-the-worst-housing- shortage-in-the-nation/600098521/ PRISM recieves thousands of calls each year from people in our service area who are struggling with finding an affordable place to live. Whether they are living in their cars, hotels, or an apartment they can no longer afford due to job loss or new building management. Housing instability and homelessness may not look the same as it 5 | PRISM does in higher density cities, but many of our community members are struggling to find a stable place to live. PRISM would like to be able to position ourselves in a way where we can assist households with not only rental assistance, but as advocate who can use our resources to find people affordable housing, work with them on growing their income, and prevent them from becoming unhoused by using best practice case management strategies. Opportunities and Impact At PRISM we know that people living in poverty face significant health disparities – they are more prone to illnesses, are more anxious and stressed, and have shorter life expectancies. In addition, many of our participants self-report having experienced a trauma in their lifetime. We best support the diverse and growing needs of our participants by being intentional in every aspect of our programming. Since 2019 we have tripled the number of households, we work with in our Homelessness Prevention program. In FY 2020/21 with generous funding from state, city and federal COVID relief funding, we were able to pay rent for 483 households, which is a huge increase from our 19/20 fiscal year total of 136. In order to support the growing need for housing services in our community, we will continue to expand our services to not just paying rent but assisting people with filling out applications, taking them to look at apartments, building relationships with property owners, assisting with housing court, growing their incomes, and working on ways to find housing stability and stay in their communities. Timeline We greatly appreciate the previous support we have received from the City of Golden Valley. A $10,000 grant over the 2022 and 2023 will be very impactful. Below is a timeline of proposed activities: Jan 2022-Dec 2024 • Provide City of Golden Valley with acknowledgement of receipt • April 2022 Provide City of Golden Valley a progress report of outcomes of Housing Nav. work • Assist 280 households with their housing stability • Submit quarterly/annual reports as requested Goals, Objectives and Previous Support Outcomes: Thank you for your continued support of PRISM. Below is a breakdown of what yoursupport helped us achieve and our goals and objectives for the grant period: Goals FY 20/21 Outputs &Outcomes Jan 2022- Dec 2023 Projections Households maintain housing. 483 households were provided with casemanagement and funds to prevent eviction and stabilize their housing. 1000 households will be provided with case management and funds to prevent eviction and stabilize their housing. Housing Navigator Impact N/A 280 Households will become stably housed via assistance from the PRISM Housing Navigator Long-term Funding Strategies PRISM is well positioned to continue being a long-term provider of basic needs services to our community. This confidence comes from our reputation of being a trustworthy organization with a mission and vision people believe in. Thanks in large part to this reputation we have seen donor contributions increase 175% or $800,000 6 | PRISM in the last three years. Similarly, by diversifying our funding sources, our net has increased by $200,000 per year over the last three years and PRISM’s total equity has more than tripled to its current total of over $1.5 million. We are projected to have positive cash flow for the next 18 months with an average of 2-3 months of expenses on have and our liabilities are less than 10% of our assets. In addition, Shop for Change Thrift Store remains a reliable source of income contributing around 5-10% of our annual budget. Recently we have been awarded a significant grant from the Otto Bremer Foundation which will contribute greatly to the current implementation of our Housing Navigator position. Evaluation PRISM’s overarching goal is to build healthy, stable lives. We are committed to evaluating the quality and effectiveness of our programs to best serve our participants and the community. We use a secure database, Client Track, to maintain case files, record demographics, and services delivered in our programs. Our financial system tracks rental assistance provided and the value of supplemental food purchased. Monthly and annual reports from both systems enable us to monitor and measure achieved levels of service compared to our goals. PRISM’s Grants & Evaluation Coordinator manages the implementation of feedback tools to gather participant feedback and analyzes the data to measure the impact of our programs. PRISM's direct service staff are primarily responsible for collecting and recording participant data used in evaluation. PRISM's leadership team oversees the evaluation of data and uses the information and analysis to shape future programming and service delivery. Evaluation results are shared with the full staff, board of directors, volunteers, and funders, as well as donors and the general community. We look forward to strengthening our relationship is our work towards community stability through affordable housing with the city of Golden Valley. 16 EXHIBIT 3 ASSURANCE AND CERTIFICATION VENDOR COMPLIANCE VENDOR shall comply with the Single Audit Act, OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Grant Guidance). VENDOR shall maintain a system of internal control over all programs in order to demonstrate compliance with the Single Audit Act, Uniform Grant Guidance and other pertinent laws and regulations. VENDOR shall respond to audit findings, questioned costs or other compliance measures issues which may include taking requisite corrective action, executing necessary documents and other requirements; If VENDOR is a nonprofit organization, VENDOR’s signature on this Agreement assures and certifies it has met federal, state and local requirements regarding VENDOR’s financial management system. VENDOR is hereby notified of the following Federal Award Identification Information: 1. VENDOR name (which must match registered name in DUNS): People Responding in Social Ministry (PRISM) 2. VENDOR's DUNS number (see § 200.32 Data Universal Numbering System (DUNS) number): 062079640 3. Federal Award Identification Number (FAIN): ______________ 4. Federal Award Date (see § 200.39 Federal award date): To be determined 5. Subaward Period of Performance Start and End Date: 1/1/2022 – 12/31/2022 6. Amount of Federal Funds Obligated by this action: $5,000 7. Total Amount of Federal Funds Obligated to the VENDOR: $5,000 8. Total Amount of the Federal Award: $2,200,000 9. Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA): See activities in Exhibit 2. 10. Name of Federal awarding agency, pass-through entity, and contact information for awarding official: U.S. Department of Housing and Urban Development, Hennepin County, spencer.agnew@hennepin.us 11. CFDA Number and Name; the pass-through entity must identify the dollar amount made available under each Federal award and the CFDA number at time of disbursement: 14.218, Community Development Block Grant 12. Identification of whether the award is R&D: Not R&D R&D means Research and Development. OMB Uniform Grant Guidance defines “Research” as the systematic study directed toward fuller scientific knowledge or 17 understanding of the subject studied. “Development” is defined as the systematic use of knowledge or understanding gained from research. 13. Indirect cost rate for the Federal award (including if the de minimis rate is charged per § 200.414 Indirect (F&A) costs) and: Indirect costs not applicable. 14. Identification of whether the award is used as loans or loan guarantees: The award is not a loan or loan guarantee project As applicable, VENDOR shall confirm in writing that VENDOR did not expend $750,000 or more in total federal funds in a fiscal year. If VENDOR expends $750,000 or more of federal funds in a fiscal year, VENDOR shall complete financial and compliance audits in accordance with the Single Audit Act and/or OMB Uniform Grant Guidance, as applicable. VENDOR shall cooperate fully in the following: 1. During the term of this Agreement and as necessary after the expiration of this Agreement, to ensure compliance with applicable law, VENDOR agrees to provide an annual audit report consistent with the provisions of the Single Audit Act and/or OMB Uniform Grant Guidance in accordance with government auditing standards, as applicable, within nine (9) months after VENDOR’s fiscal year-end. The cost of an audit is not reimbursable from funds received through this Agreement. 2. VENDOR shall provide all information requested by COUNTY and report as directed by COUNTY. As applicable, VENDOR shall maintain property records that include a description of the applicable property, a serial number or other identification number, the source of the property, who holds title, the acquisition date and cost of the property, the percentage of federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data, including the date of disposal and sale price of the property. VENDOR shall make said records available to COUNTY within five (5) business days of COUNTY’s written request. Failure to comply with the above requirements may result in forfeiture of funds. Without limiting any other remedies available at law, COUNTY reserves the right to recover from VENDOR the full amount of any funds found to be improperly expended or otherwise disallowed. We certify and assure that we are in compliance with the above conditions. Specifically, our organization's financial management system provides for the following: 1. Accurate, current, and complete disclosure of the financial results of each federally sponsored project or program in accordance with the reporting requirements set forth in OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Grant Guidance). 2. Records that identify adequately the source and application of funds for federally sponsored activities. These records contain information pertaining to federal awards, authorizations, obligations, unobligated balances, assets, outlays, and income. 18 3. Effective control over and accountability for all funds, property, and other assets. These assets are adequately safeguarded and are used solely for authorized purposes. 4. Comparison of actual outlays with budget amounts for each grant or other agreement and, whenever appropriate or required, comparisons of financial information with performance and unit cost data. 5. Procedures to minimize the elapsed time between the transfer of funds from the county to our organization and the disbursement of funds by our organization. 6. Procedures for determining the reasonableness, allowability, and allocability of costs in accordance with the provisions of the applicable federal cost principles and the terms of the grant or other agreement. 7. Accounting records that are supported by source documentation. 8. Annual audits by a firm of independent certified public accountants to ascertain the effectiveness of the financial management systems and internal procedures that we have established to meet the terms and conditions of the federal grants and other agreements. The audits are conducted on an organization-wide basis and include an appropriate sampling of federal agreements. 9. A systematic method to assure timely and appropriate resolution of audit findings and recommendations. 10. Organizations (VENDORs) that receive CDBG funds from us are required to comply with the financial management standards set forth in this certification. Golden Valley City Council Meeting January 4, 2022 Agenda Item 3. D. Approve Resolution No. 22-003 Designating Depository for City Funds Prepared By Sue Virnig, Finance Director Summary State Law requires cities to have depositories for City and Housing and Redevelopment Authority funds approved annually. The attached Resolution No. 22-003 states the depository, accounts, and signature requirements (facsimile for general account) for each account. Financial Or Budget Considerations Not Applicable Recommended Action Motion to adopt Resolution No. 22-003 Designating Depository for City Funds. Supporting Documents Resolution No. 22-003 Designating Depository for City Funds (2 pages). RESOLUTION NO. 22-003 RESOLUTION DESIGNATING DEPOSITORY FOR CITY FUNDS WHEREAS, Minnesota Statutes set procedures and require the City Council to designate depositories for City funds which include the Housing and Redevelopment Authority (HRA) as a blended component unit; and WHEREAS, these statutes allow the City Council to authorize the Accounting Supervisor or Finance Director/Treasurer to annually designate a bank as the official depository for the City funds and manage the collateral pledged to such funds; and WHEREAS, Wells Fargo Bank, Minnesota, N.A., is now the official depository; and WHEREAS, Wells Fargo Bank, Minnesota, N.A., wires transfer funds to below institutions for investments purchased by the City and HRA: 4M Fund Stifel Nicolas & Co Inc Bell Bank Sunrise Bank BNC National Bank UBS MidWest One US Bank Piper Jaffray Companies Wells Fargo RBC-Dain Rauscher BE IT FURTHER RESOLVED that the following signatories or alternates are authorized to be signatories on checks drawn on funds deposited: 1. General Checking: Mayor or Mayor Pro Tem and Treasurer or Accounting Supervisor; Each check requires two (2) signatures. Use of facsimile signatures by the following named persons: Shepard M Harris Mayor Susan M Virnig Treasurer 2. Internal Deposit Funds: (Motor Vehicle Registration Fund Checking, DNR Transaction account) Transfers may be made by the City Treasurer and Accounting Supervisor to the State of Minnesota, DNR and City of Golden Valley General Checking; Deputy Registrar may make transfers between accounts (Motor Vehicle Registration Fund and DNR Account) and to the State of Minnesota for deposits. 3. Imprest Fund Checking: (Park and Recreation, City Activity Account, Brookview Golf Course and Brookview Golf Activity): Signatories shall be as designated by the City Manager who shall notify the bank at the time of authorization or change or authorization and each check Resolution 22-003 -2- January 4, 2022 shall require one (1) signature. Transfers from accounts are authorized by the Finance Director or Accounting Supervisor. 4. ACH Transfers: (City of Golden Valley General Account): Will be authorized for the Payroll Accountant, Accounting Supervisor or Finance Director/Treasurer for payroll transfers created by the Payroll System. Will be authorized for the Deputy Registrar, Accounting Supervisor or Finance Directory/Treasurer for transfers to the State or Department of Department of Natural Resources (DNR). Will be authorized for the Accounting Supervisor and Finance Director/Treasurer will be authorized to make transfers to the Investment firms or electronic payments authorized. BE IT FURTHER RESOLVED that the following shall be authorized to make investments of city funds and shall be authorized to deposit the principal of said investments in the above-named depositories as necessary and beneficial to the City: City Manager, Finance Director/Treasurer and Accounting Coordinator. The City Clerk is authorized and directed to furnish each of the depositories with certified copies of this resolution along with such signature documentation as is required by the depository and the authorizations set forth in all above. Adopted by the City Council of Golden Valley, Minnesota this 4th day of January 2022. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting January 4, 2022 Agenda Item 3. E. Approval of the Use of Credit Cards for Purchases for 2022 Prepared By Sue Virnig, Finance Director Summary MN Statute 471.382 authorizes the use of credit cards by cities; however the legislation requires prior City Council approval of those employees who will be using the cards on behalf of the City. The following are the credit cards issued: Store issued credit cards: Speedway Sears Northern Tool Home Depot Non-store issued cards: US Bank (employee will sign use of purchasing card program) Not all businesses accept purchase orders from the City. The stores listed above have credit cards with their business name on them. All uses will need to be approved by the supervisor before any purchase is made. The US Bank is a purchasing/credit card with the employee’s name on it. These cards will be used only if no other form of payment is accepted. Each employee given authority will sign a use of card policy with terms of acceptable use. An employee may keep the card for a period of time with approval from the supervisor. Staff is recommending the City Council authorize the use of the credit cards listed above by any City employee, who has received prior approval of the appropriate supervisor. Financial Or Budget Considerations Credit Card payments will be included on the city check register. Recommended Action Motion to approve usage of City credit cards by any city employee who has received prior approval from the appropriate supervisor and approved by the Finance Director and/or City Manager. Golden Valley City Council Meeting January 4, 2022 Agenda Item 3. F. Approve Resolution No. 22-004 Making Annual Elections for the 2022-2023 Insurance Policy Prepared By Sue Virnig, Finance Director Summary Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether to waive the statutory tort liability limits to the extent of the coverage purchased. Staff recommends that the City Council does not waive the statutory limit on tort liability established by Minnesota Statues 466.04 for the 2022-2023 insurance policy. This policy is a February 1, 2022, renewal. Financial Or Budget Considerations If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. Insurance Rates from the League of Minnesota Cities reflect this coverage. Recommended Action Approve Resolution No. 22-004 Making Annual Elections for the 2022-2023 Insurance Policy (1 page). Supporting Documents Resolution No. 22-004 Making Annual Elections for the 2022-2023 Insurance Policy. Resolution NO. 22-004 RESOLUTION MAKING ANNUAL ELECTIONS FOR THE 2022-2023 INSURANCE POLICY WHEREAS, the City of Golden Valley must declare whether or not to waive the statutory limits on tort liability established by Minnesota Statutes 466.04; NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Golden Valley that it does not waive the statutory limits on tort liability established by Minnesota Statutes 466.04 for the 2022-23 insurance policy. Adopted by the City Council of Golden Valley, Minnesota this 4th day of January 2022. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting January 4, 2022 Agenda Item 3. G. Designation of 2022 Official Newspaper Prepared By Theresa Schyma, City Clerk Summary In accordance with Minnesota Statutes, the Council must designate a newspaper of general circulation in the City as the official newspaper in which all ordinances, hearing notices, advertisement for bids, etc. are required to be published. The New Hope/Golden Valley Sun-Post has communicated an interest in continuing to serve as the official newspaper for the City of Golden Valley. The New Hope/Golden Valley Sun-Post is qualified to serve as a legal and official newspaper under Minnesota Statutes Section 331A.02, Subd. 1. Financial Or Budget Considerations The 2022 Council Budget has $15,000 allocated to public hearing notices. Recommended Action Motion to designate the New Hope/Golden Valley Sun-Post as the 2022 official newspaper for the City of Golden Valley. Golden Valley City Council Meeting January 4, 2022 Agenda Item 3. H. 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: • 12-20-21 Check Register Golden Valley City Council Meeting January 4, 2022 Agenda Item 4. A. 1. Approve Resolution No. 22-005 Adopting and Confirming Assessments for Various Public Improvements in the 2022 Pavement Management Area Prepared By Sue Virnig, Finance Director Summary The following resolution needs to be approved for the certification of special assessments for the 2022 Pavement Management area. All Pavement Management Projects are financed by selling General Obligation Bonds for the construction of the street portion of the project. Those bonds need to be financed by a minimum of 20% from special assessments. The remaining costs are funded by bond sales that are paid back through a city tax levy. The following meetings were held on the 2022 Pavement Management Program: July 2020 1st Open House May 2021 2nd Open House November 3, 2021 Public Hearing – Proposed Improvements December 2, 2021 Project Bid Opening January 4, 2022 Public Hearing – Proposed Assessments January 4, 2022 Award Contract Spring 2022 Begin Construction Fall 2022 Project Completion A legal notice was published December 16, 2021. On December 10, 2021, all property owners were mailed a hearing notice of the assessment, resolution that will be considered, sample payment schedule and commonly asked questions. Property owners will have until November 14, 2022, to make payment with no interest. After that date the amount will be certified and paid with property taxes at a 4% interest rate. 2022 Pavement Management Program - Includes various improvements for streets in the following locations: City Council Regular Meeting Executive Summary City of Golden Valley January 4, 2022 2 2022 PAVEMENT MANAGEMENT: The proposed project includes: All properties in the SW ¼ of the NE ¼ of Section 30, Township 118 North, Range 21 West; within the City of Golden Valley, Hennepin County, Minnesota, that are adjacent to the following streets: • Duluth Street: West cul-de-sac to Wisconsin Avenue North • Westbend Road: Zealand Avenue North to Wisconsin Avenue North • Winnetka Heights Drive: Zealand Avenue North to Xylon Avenue North • Aquila Avenue North: Duluth Street to 23rd Avenue North • Zealand Avenue North: Duluth Street to 23rd Avenue North • Xylon Avenue North: Westbend Road to 23rd Avenue North Financial Or Budget Considerations In 2022, the bond issuance size is $3,950,000 for the street portion of the 2022 PMP area. The sale of bonds will be issued at an upcoming Council Meeting upon approval at this public hearing to finance the PMP Project. Recommended Action Motion to Approve Resolution No. 22-005 Adopting and Confirming Assessments for Various Public Improvements in the 2022 Pavement Management Area. Supporting Documents • Resolution No. 22-005 (2 pages) RESOLUTION NO. 22-005 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS FOR STREETS IN THE 2022 PAVEMENT MANAGEMENT AREA 1. The amount proper and necessary to be specially assessed at this time for various public improvements: Project Years Interest Rate First Year Levy Total Assessed 2022 Pavement Management Area 10 4% 2023 $878,999.50 against every assessable lot, piece, or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published, as required by law that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all time since its filing been open for public inspection and an opportunity has been given to all interested persons to present their objections if any, to such proposed assessments. 2. This Council, having heard and considered all objections so presented, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment was and is specially benefited by the construction of said improvement in not less than the amount of the assessment set opposite the description of each such lot, piece and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. 3. The proposed assessments are hereby adopted and confirmed as the proper assessments for each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, together with interest at the rate of four (4) percent per annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not prepaid shall be payable in equal annual principal installments extending over a period of years, as indicated in each case. The first of said installments, together with interest on the entire assessment for the period of January 1, 2023 through December 31, 2023, will be payable with general taxes for the year of 2022, collectible in 2023, and one of each of the remaining installments, together with one year’s interest on that and all other unpaid installments, will be paid with general taxes for each consecutive year thereafter until the entire assessment is paid. 4. Prior to certification of the assessment to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole such assessment, with interest to the date of payment, to the City Treasurer, but no interest shall be charged if such payment is made by November 14, 2022. Resolution No. 21-005 - Continued January 4, 2022 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax lists of the County and the County Auditor shall thereafter collect said assessment in the manner provided by law. Adopted by the City Council of Golden Valley, Minnesota this 4th day of January 2022. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting January 4, 2022 Agenda Item 4. A. 2. Award Contract for Construction Engineering Services 2022 Pavement Management Program with Short Elliott Hendrickson, Inc. Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, PE, Assistant City Engineer Summary Construction Observation and Engineering Services Staff has received a proposal from the consulting engineering firm of Short Elliott Hendrickson, Inc. (SEH), dated December 10, 2021, for construction staking and observation for the 2022 PMP. The construction staking includes all survey work during construction, record drawing survey, and drawing preparation following construction. Construction observation for this project will be performed by both City and SEH staff. The proposal includes a not-to-exceed amount of $239,900 that will be financed from the street reconstruction portion of the project. Design services for the PMP were also provided by SEH with a contract total not to exceed $388,100, which were approved at the November 19, 2019 City Council meeting. Financial Or budget Considerations The financing for the SEH Construction Services contract is funded from the 2022 CIP as follows: Street CIP (S-001) $3,950,000 $148,730 Storm Sewer CIP (SS-01) $1,250,00 $ 21,600 Sanitary Sewer CIP (W&SS-01) $1,300,000 $ 64,770 Duluth Sidewalk CIP (S-053) $175,000 $ 4,800 It is expected that construction will begin as weather permits in April 2022 and be completed in the fall. Recommended Actions Motion to authorize the Mayor and City Manager to execute a professional services agreement with Short Elliott Hendrickson, Incorporated in the form approved by the City Attorney for the observation, construction staking, and engineering services on the 2022 PMP, for an amount not to exceed $239,900. Support Documents • Location map (1 page) • Professional Services Agreement dated January 4, 2022 (15 pages) !!!!!!!! ! ! !!!!!! ! ! ! ! ZealandAve N Aquila Ave NWisconsin Ave N23rd Ave N P a tsy Ln Duluth St Xylon Ave NElgin Pl J ulianne Ter Pa tsy Ln WisconsinAveNAquilaAveNWestbend Rd WinnetkaHeightsDr ZealandAveNZealandAveNRoseMan orCavellAveNWisconsinAveN I 0 250 500125Feet Print Date: 6/15/2020Sources:-Hennepin County Surveyors Office for Property Lines (2020) & Aerial Photography (2018).-City of Golden Valley for all other layers. CIP Streets 2022 (21-01) 1.33 miles local 2022 PMP(21-01 Project) 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made this 4th day of January 2022 (“Effective Date”) by and between Short Elliott Hendrickson, Incorporated. A Minnesota company with its principal office at 3535Vadnais Center Drive, St. Paul, Minnesota 55110-3507 (“Consultant”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Consultant is engaged in the business of providing professional engineering consulting services. B. The City desires to hire Consultant to provide concept plan development services for the 2022 Pavement Management Program Project. C. Consultant represents that it has the professional expertise and capabilities to provide the City with the requested professional services. D. The City desires to engage Consultant to provide the services described in this Agreement and Consultant is willing to provide such services on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and Consultant agree as follows: AGREEMENT 1. Services. Consultant agrees to provide the City with professional consulting services as described in the attached Exhibit A (the “Services”). Exhibit A shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. 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 $239,900. 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 2 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. 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 3 which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 11. Insurance. Consultant shall maintain reasonable insurance coverage throughout this Agreement. Consultant agrees that before any work 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. 4 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 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. 5 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 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 6 proceeding brought alleging a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Consultant shall provide accommodation to allow individuals with disabilities to participate in all Services under this Agreement. Consultant agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 24. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is R.J. Kakach, Assistant City Engineer, or designee. Consultant’s authorized agent for purposes of administration of this contract is Scott Haupt, PE, or designee who shall perform or supervise the performance of all Services. 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 Short Elliott Hendrickson, Inc. City of Golden Valley 3535 Vadnais Center Drive ATTN: R.K. Kakach St. Paul, MN 55110-3507 7800 Golden Valley Road Golden Valley, MN 55437 rkakach@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 7 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. 31. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Consultant did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Consultant, described in this Agreement, personally. 32. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as original signatures. 33. Recitals. The City and Consultant agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. SHORT ELLIOTT HENDRICKSON, INC.: CITY OF GOLDEN VALLEY: By: _________________________________ Name: ______________________________ Title: _______________________________ By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager 8 EXHIBIT A SCOPE OF SERVICES Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-3507 651.490.2000 | 800.325.2055 | 888.908.8166 fax | sehinc.com SEH is 100% employee-owned | Affirmative Action–Equal Opportunity Employer December 10, 2021 RE: City of Golden Valley 2022 Pavement Management Program Construction Services Proposal City Project No. 21-01 SEH No. GOLDV P-164174 14.00 Mr. Jeff Oliver City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427-4588 Dear Mr. Oliver: Thank you for the opportunity to assist the City of Golden Valley in providing professional engineering services for the reconstruction of streets in the 2022 Pavement Management Program (PMP) project area. Short Elliott Hendrickson (SEH®) has recently completed final design services and the City is requesting a scope of work that provides construction services. This letter serves as the Scope of Services for the Agreement for Professional Services for the 2022 Pavement Management Program Project between the City of Golden Valley and SEH. BACKGROUND The City of Golden Valley proposes to reconstruct approximately 1.33 miles of streets in the neighborhood located northeast of the General Mills Research Nature Area in the northwest part of the City. The project is generally bounded by Aquila Avenue North on the West, Wisconsin Avenue North on the East, Duluth Street on the South, and 23rd Avenue North on the North. The following streets are included in the project: · Aquila Avenue North, Duluth Street to 23rd Avenue North · Zealand Avenue North, Duluth Street to 23rd Avenue North · Xylon Avenue North, Westbend Road to 23rd Avenue North · Duluth Street, west cul-de-sac to Wisconsin Avenue North · Westbend Road, Zealand Avenue North to Wisconsin Avenue North · Winnetka Heights Drive, Zealand Avenue North to Xylon Avenue North The proposed improvements include water main and storm sewer replacement, sanitary sewer repairs, construction of concrete curb and gutter, concrete sidewalk, and street reconstruction. Construction services for the 2022 PMP include construction staking, providing a Resident Project Representative (RPR), and limited construction observation as described below. We understand the City will be providing overall construction administration on this project. Mr. Jeff Oliver December 10, 2021 Page 2 SCOPE OF WORK Construction Staking SEH will provide a survey crew to perform construction staking for the proposed improvements within the proposed project area. Staking tasks for this project will include placement of horizontal and vertical control, utility staking for private utilities, water main stakes, sanitary sewer manhole stakes, storm sewer stakes, curb and gutter stakes, blue tops after curb is in place, sidewalk stakes, pedestrian ramp stakes, and truck/equipment expenses. All survey coordination for construction staking and observation will be between the survey crew chief and the City. Resident Project Representative The Resident Project Representative (RPR) is the Engineer’s agent at the site and will act as directed by and under supervision of the Engineer. The RPR shall serve as the liaison with the contractor, working principally through the contractor’s superintendent. They will assist in helping the contractor understand the intent of the Contract Documents. The field personnel will review the progress schedule, shop drawings, and required submittals, Schedule of Materials Control and consult with the Engineer concerning acceptability. The RPR will be responsible for maintaining job site files, for correspondence, meeting reports, field orders, and supplemental agreements. They will maintain a daily diary and records pertaining to quantities, and will assist City staff with the applications for payment. The RPR will also keep information pertaining to record plans and will assist City staff with scheduling the survey crew based on staking requests from the contractor’s representative. Observation SEH will provide observation services including attendance at the pre-construction meeting and weekly construction meetings, and will perform shop drawing reviews for the proposed improvements. The proposed budget also includes minor technical support for geotechnical issues that may arise. Time has also been included in the proposed budget to assist the City with project closeout activities. Record Plans SEH will furnish the City with AutoCAD files for the City’s use in preparing the record drawings. PROJECT TEAM Scott Haupt will be available to answer design related questions and provide coordination with field staff and will provide project management of our contract with the City. He will also be available to review design issues in the field if necessary. Robb Stevenson will serve as the RPR and will assist the City with field representation. Nick Domiano will be the lead Survey Crew Chief. Brett Larsen will be available to provide geotechnical field support as may be required with the subgrade correction work. SCHEDULE We anticipate construction starting in April and ending in October 2022, however the actual schedule will depend on the Contractor’s schedule and weather. COMPENSATION SEH proposes to be compensated for the scope of work proposed in the Agreement on an hourly basis. Compensation will be based on the hourly cost of personnel plus reimbursable expenses, including reproductions, mileage, personal vehicle allowance, and equipment. Additional services required beyond the tasks and estimated hours as described can be negotiated or provided as extra work on an hourly basis. Mr. Jeff Oliver December 10, 2021 Page 3 We have estimated the construction services described above to cost a total of $239,900. Anticipated tasks, hours and expenses are included in the attached work task breakdown. The City of Golden Valley will be invoiced for actual labor and reimbursable expenses incurred by SEH to complete the work. This agreement is an understanding of the project to date. If this document satisfactorily sets forth your understanding of our agreement, please sign in the space below and email SEH an electronic copy. We look forward to working with you, your staff and the community on this project, and appreciate the continued opportunity to work with the City of Golden Valley. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Scott Haupt, PE (Lic. MN) Project Manager s:\fj\g\goldv\common\proposals\2022 pmp (former 2021 pmp)\construction\2022 pmp construction services proposal_12-10-2021.docx 2022 PMP - Construction Services Deliverables:Construction Observation, Construction Staking, Full Time RPR, Record Plan Assistance Project Manager Geotech Engineer GIS Technician Project Engineer Sr. RPR Admin Survey Crew 1 Additional Design Services Design updates impacted by street narrowing 16 20 6 2 Observation/Administration Prepare & distribute Construction Documents 2 2 Precon meeting 4 2 8 2 Shop drawing review/coordination 8 4 20 Project administration/design coordination 40 16 8 24 6 On-site observation/weekly construction meetings 1400 3 Construction Staking Horizontal control 8 Pedestrian ramps 10 Sanitary sewer 14 Water main 30 Storm sewer 30 Curb and gutter 44 Sidewalk 8 Data transfer 8 22 Blue tops after curb is in place 16 4 Record Drawings/Closeout Assistance Record plan & closeout assistance 8 20 20 Total hours 1826 78 16 8 78 1448 14 184 Project labor cost this phase $227,000 Equipment charges Mileage and Expenses $5,300 Reproductions $1,200 Survey Truck and Equipment $6,400 Total project cost this task $239,900 Assumptions: 1. Survey Crew and RPR based on assumed project schedule (mid April to mid-October). 2. Construction services are largely dependant on weather and contractor's schedule. RPR's estimate of hours based on 50 hours per week for 28 weeks. 3. The on-site observation/construction meetings task includes time for project closeout activities. 4. Materials sampling & testing will performed by others. 5. Record plan assistance includes preparing & providing design files to City for their staff's use in preparing Record Plans. 6. No record plan survey will be needed. Task 12/6/2021 10:24 AM S:\FJ\G\Goldv\Common\proposals\2022 PMP (former 2021 PMP)\Construction\2022 PMP Construction Services Proposal_12-06-2021.xlsx EXHIBIT B 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 January 4, 2022 Agenda Item 4. A. 3. Award Construction Contract for 2022 Pavement Management Program Project #21-01 Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, PE, Assistant City Engineer Summary Award Construction Contract Bids for the 2022 Pavement Management Program (PMP) City Improvement Project 21-01 were opened virtually on December 2, 2021. The following bids were received: Contractor Base Bid Alt Bid A Alt Bid B GMH Asphalt Corporation $5,263,550.91 $36,955.00 $278,160.00 Park Construction $5,573,312.00 $36,955.00 $282,150.00 Valley Paving $5,656,237.69 $45,296.00 $296,704.95 Northwest Asphalt $6,078,374.28 $46,502.50 $304,617.50 New Look Contracting $6,345,652.25 $38,475.00 $304,000.00 Ryan Contracting $6,632,935.55 $38,000.00 $304,000.00 S.M. Hentges & Sons $6,784,510.45 $43,153.75 $282,150.00 Northdale Construction $7,013,460.79 $44,388.75 $290,771.70 Low Bid Total: GMH Asphalt Corporation $5,263,550.91 Staff reviewed the bids and found them to be accurate and in order. Staff recommends awarding the Contract to GMH Asphalt Corporation for all work associated with the base bid only. No alternate bids are recommended at this time. Construction Observation and Engineering Services In addition to the construction contract, there are additional contracts associated with the project that Council should be aware of. First, staff has received a proposal from the consulting engineering firm of Short Elliott Hendrickson, Inc. (SEH), dated December 10, 2021 for construction staking and observation for the 2022 PMP. The construction staking includes all survey work during construction, record drawing survey, and drawing preparation following construction. Construction observation for City Council Regular Meeting Executive Summary City of Golden Valley January 4, 2022 2 this project will be performed by both City and SEH staff. The proposal includes a not-to-exceed amount of $239,000, a portion of which will be financed from the street reconstruction portion of the project. Secondly, design services for the PMP, which included preparation of the plans and specifications for the project, were also provided by SEH with a contract total not to exceed $388,100, and approved at the November 19, 2019 City Council meeting. Financing The financing for the construction contract is summarized as follows: • The bid for street reconstruction totals $3,453,950.30 and is within the $3,950,000 included in the Street 2022 CIP (S-001) for the project. This amount does not include indirect costs associated with the improvement. • The total bid for sanitary sewer and watermain improvements is $1,233,453.26 and is within the $1,300,000 included in the Water and Sanitary Sewer Utility 2022 CIP (W&SS- 001) for this project. This amount does not include indirect costs associated with the improvement • The total bid for storm sewer improvements is $520,031.70 and is within the $1,250,000 included in the Storm Sewer 2022 CIP (SS-01) for this project. This amount does not include indirect costs associated with the improvement • The total bid for the Duluth Street sidewalk construction is $56,115.65 and is within the $175,000 included in the Street 2022 CIP (S-053) for the project. This amount does not include indirect costs associated with the improvement. It is expected that construction will begin as weather permits in April 2022 and be completed in the fall. Recommended Action Motion to authorize the Mayor and City Manager to execute a construction agreement with GMH Asphalt Corporation in the form approved by the City Attorney for the 2022 Pavement Management Project #21-01 in the amount of $5,263,550.91. Supporting Documents • Location map (1 page) • Contract with GMH Asphalt, Corporation (3 pages) !!!!!!!! ! ! !!!!!! ! ! ! ! ZealandAve N Aquila Ave NWisconsin Ave N23rd Ave N P a tsy Ln Duluth St Xylon Ave NElgin Pl J ulianne Ter Pa tsy Ln WisconsinAveNAquilaAveNWestbend Rd WinnetkaHeightsDr ZealandAveNZealandAveNRoseMan orCavellAveNWisconsinAveN I 0 250 500125Feet Print Date: 6/15/2020Sources:-Hennepin County Surveyors Office for Property Lines (2020) & Aerial Photography (2018).-City of Golden Valley for all other layers. CIP Streets 2022 (21-01) 1.33 miles local 2022 PMP(21-01 Project) FC - 1 CONTRACT NO. 21-01 AGREEMENT FOR THE 2022 PAVEMENT MANAGEMENT PROJECT NO. 21-01 THIS AGREEMENT (this “Agreement”), entered into the 4th day of January, 2022 between the City of Golden Valley (the “City”), a municipal corporation, existing under the laws of the State of Minnesota, and GMH Asphalt Corporation, a corporation, under the laws of Minnesota (“Contractor”). ARTICLE 1. The Contract Documents. The Contract Documents consist of: this Agreement, the Proposal and Bid of the Contractor, the Contractor’s Bonds, the General Conditions, Special Conditions and any supplementary conditions, drawings, plans, Specifications, addenda issued prior to execution of this Agreement, other documents listed herein or in any of the foregoing documents, and Modifications of the same issued after execution of this Agreement (collectively the “Contract” or “Contract Documents”). A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Engineer. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: 1. Modifications to the Contract 2. This Agreement 3. Special Conditions 4. General Conditions Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. ARTI CLE 2. The Work. Contractor, for good and valuable consideration the sufficiency of which is hereby acknowledged, covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all work and labor necessary for 2022 Pavement Management Program (21-01) (the “Project”) according to the Plans and Specifications and all of the Contract Documents. Contractor shall commence and conclude the Work in accordance with the Contract Documents. Time is of the essence in this Agreement. Accordingly, Contractor shall complete the Work in accordance with the time schedule for commencement and completion of the Work set forth in the Contract Documents. Contractor shall complete the W ork in every respect to the satisfaction and approval of the City. FC - 2 ARTICLE 3. Contract Price. The City shall pay the Contractor the Contract Price in current funds for the Contractor’s performance of the Contract. The Contract Price shall be $5,263,550.91, subject to additions and deductions as provided in the Contract Documents. Installment payments, if any, on account of the Work shall be made in accordance with the provisions of the General Conditions. Final payment shall be due and payable on or before thirty (30) days after issuance of a Certificate of Final Completion issued by the City Engineer confirming that the Work has been fully completed and Contractor’s obligations fully performed by Contractor. ARTICLE 4. Contractor’s Bonds. Contractor shall make, execute and deliver to the City corporate surety bonds in a form approved by the City, in the sum of $5,263,550.91 for the use of the City and of all persons furnishing labor, skill, tools, machinery or materials to the Project. Said bonds shall secure the faithful performance and payment of the Contract by the Contractor and shall be conditioned as required by law. This Agreement shall not become effective unless and until said bonds have been received and approved by the City. ARTICLE 5. Acceptance of the Work. The City, through its authorized agents, shall be the sole and final judge of the fitness of the W ork and its acceptability. ARTICLE 6. Records. Contractor shall keep as complete, exact and accurate an account of the labor and materials used in the execution of the Work as is possible, and shall submit and make this information available as maybe requested by the City. ARTICLE 7. Payment. All payments to Contractor shall be made payable to the order of GMH Asphalt Corporation, and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. Cancellation Prior to Execution. The City reserves the right, without liability, to cancel the award of the Contract at any time before the execution of the Contract by all parties. ARTICLE 9. Special Assessment Contingency. The City’s obligation under this contract is contingent upon the availability of appropriated funds, including funds derived from special assessments, from which payment for contract purposes can be made. The City shall not be legally liable for any payment under this Agreement unless the special assessment appeal period under Minn. Stat. § 429.081 has passed and no appeals have been received. ARTICLE 10. Termination. The City may by written notice terminate the Contract, or any portion thereof, when (1) it is deemed in the best public, state or national interest to do so; (2) the Special Assessment contingency has not been met; (3) the City is unable to adequately fund payment for the Contract because of changes in state fiscal policy, regulations or law; or (4) after finding that, for reasons beyond Contractor’s control, FC - 3 Contractor is prevented from proceeding with or completing the W ork within a reasonable time. In the event that any Work is terminated under the provisions hereof, all completed items or units of W ork will be paid for at Contract Bid Prices. Payment for partially completed items or units of W ork will be made in accordance with the Contract Documents. Termination of the Contract or any portion thereof shall not relieve Contractor of responsibility for the completed W ork, nor shall it relieve Contractor’s Sureties of their obligations for and concerning any just claims arising out of the W ork. IN WITNESS WHEREOF, both parties hereto have caused this Contract to be signed on their respective behalves by their duly authorized offices and their corporate seals to be hereunto affixed the day and year first above written. THE CITY OF GOLDEN VALLEY, MINNESOTA BY Shepard M. Harris, Mayor BY Timothy J. Cruikshank, City Manager CONTRACTOR: GMH ASPHALT CORPORATION BY ITS Golden Valley City Council Meeting January 4, 2022 Agenda Item 4. B. 1. Public Hearing – Future Land Use Map Amendment for Artessa Senior Cooperative located on a Portion of 7001 Golden Valley Road Prepared By Jason Zimmerman, Planning Manager Summary Artessa Development, LLC, originally proposed four planning actions to allow for the development of a portion of the driving range owned by the Golden Valley Country Club. They requested a change to the Future Land Use Map (from an Institutional use to High Density Residential use), a change to the Zoning Map (from the Institutional (I-4) Zoning District to the High Density Residential (R-4) Zoning District), a subdivision of the property to create a new lot of approximately 2.35 acres, and a conditional use permit to allow for the construction of a sixth floor on the proposed senior cooperative building. Subsequently, revised plans were submitted and the conditional use permit is no longer needed. At its meeting on December 13, 2021, the Planning Commission voted (6-0) to recommend denial of the land use change. Background 7001 Golden Valley Road is the street address for the Golden Valley Country Club and Golf Course. Despite being bisected by Golden Valley Road and a Union Pacific-owned railroad, the entire Country Club site is considered a single parcel. Overall, the parcel is 148.76 acres (which will be reduced slightly now that the Greenway Villas PUD in the northwest corner has been granted final approval); however, this request is only related to a portion of the parcel located in the southeast corner of the site. The area in question is at the far end of the existing driving range, along Country Club Drive and adjacent to the vacant property previously occupied by Optum (United Health). City staff were first approached by the Country Club in late 2019. The Club had identified areas of its property which were no longer necessary or relevant to the golf course use, and they wanted to better understand the approvals necessary in order to sell these portions of the property for subsequent redevelopment. This site in the southeast corner of the lot was first marketed to builders and investors in 2020, following which the club selected Lifestyle Communities to partner with on the redevelopment. City Council Regular Meeting Executive Summary City of Golden Valley January 4, 2022 2 Proposal The original proposal for the site was to change the guided land use, change the zoning, proceed with a subdivision that would create a new lot, and request a conditional use permit to construct a sixth story on the proposed building. However, upon a recommendation of denial from the Planning Commission, the applicant has since submitted revised plans showing a shorter building (five stories) with fewer units (78). This version of the proposal has not been evaluated by the Planning Commission. At five stories, the conditional use permit would no longer be needed; the applicant has indicated an intention to officially withdraw that application. Artessa Development would now like to construct a 78-unit senior cooperative building at this location. A project narrative provided by the applicant is attached and describes the project in more detail. Staff will note, as in previous land use and zoning change requests, that while a current proposal is being put forward, if the land use and zoning changes are approved they are not tied to this developer or to this project and could change in the future without any additional review or input from the City (assuming a by-right project that is not a PUD and does not require any variances to proceed). Even the proposed use as a senior cooperative could change should this specific proposal not move forward. Having said that, the current plan is now to construct a five-story building with two levels of underground parking and direct access to Country Club Drive. Due to the requested change in land use/zoning by the developer, the project would be subject to the City’s Mixed-Income Housing Policy and therefore a number of units (anywhere from 10% to 15% of the total number) would be required to be rented or sold as affordable and remain affordable for a period of not less than 20 years. The applicant has indicated nine units would be reserved as affordable units for 30 years. The project would not be directly associated with the Country Club, but nothing would restrict the residents from taking advantage of their proximity to the golf course. Draft civil site development plans have been provided by the applicant and are attached, but staff emphasizes that the approvals for land use and zoning should be reviewed somewhat independent of these, as those decisions are mostly unrelated to the proposed building. Consideration of the minor subdivision (in the subsequent staff memo) will take the proposed site plans into account more directly. Neighborhood Notification and Public Comments As required under the City’s Neighborhood Notification Policy, a neighborhood meeting was held in the City Council Chambers on the evening of December 2. Approximately 39 individuals attended – mostly residents from the neighborhood as well as a few members of the Country Club. Four individuals attended via Zoom. Primary concerns shared by many were the impact of traffic on Country Club Drive – both during the lengthy construction period and beyond, especially given there is no outlet onto Olson Memorial Highway going eastbound. There were also critical comments about the size/scale/massing and architecture of the building, with the main concern being that it was too large and would dominate the skyline for the homes across the street. In general, there was openness to a senior cooperative as a model for independent living in Golden Valley. To date, staff has received a number of written communications regarding this proposal – these are included as attachments for this agenda item. A number of comments were provided via email to Council Members, while others went to staff. An online petition was also submitted in opposition to the project. City Council Regular Meeting Executive Summary City of Golden Valley January 4, 2022 3 The Golden Valley Country Club sent a letter of support and provided their members with a Fact Sheet. A handful of Country Club members were among those who commented. At last count, staff is aware of letters of support from the Country Club, four Country Club members, and two other individuals; letters of opposition from eleven residents; and a petition signed by 57 residents opposing the project. Staff notes that the plans that were presented at the Neighborhood Meeting were for the full six-story version of the proposal. Required Process Support from the City Council for this proposal would also necessitate review and approval from the Metropolitan Council for the change in land use, requiring a delay in the final vote on the rezoning and the subdivision until the land use change was approved. Staff Review The City Code does not set specific standards for changing a future land use designation, and the City Council – with the input of the Planning Commission – has a great deal of latitude in deciding if the request is consistent with the overall direction and vision of the Comprehensive Plan. In making a determination, the City should take into account the land use descriptions outlined in the Comp Plan as well as any potential impacts on the character of the area. For reference, it is important to understand what both the existing and proposed land uses entail and the expectations placed on those land uses in the Comprehensive Plan. The 2040 Comp Plan has the following description of the Institutional - Parks and Natural Areas use: This category includes open spaces used as golf courses, ball fields, playgrounds, parks, nature areas, stormwater ponding areas, and other undeveloped remnants. This does not include vacant land envisioned for other uses in the future. The High Density Residential land use is described as follows: Apartment buildings and condominiums are the predominant high-density residential uses, with senior facilities allowed at higher densities in some locations through a Conditional Use Permit. This land use is generally located near commercial, office, or institutional uses with access to multi-modal options. The High Density Residential land use allows development in a range of 20 to 100 units per acre (though the higher end of this range requires separate approval via a Conditional Use Permit under the City’s zoning regulations). At 2.35 acres, this site could theoretically accommodate anywhere from 47 to 235 units. Residential Demand The City’s 2040 Comprehensive Plan, with significant input from the 2017 Maxfield Housing Needs Analysis, acknowledges a relative shortage of senior housing in Golden Valley as well as demand for for- sale or condominium units. As proposed, the Artessa development would address both of these areas, though in the form of cooperative ownership rather than condominiums. It would also contribute nine City Council Regular Meeting Executive Summary City of Golden Valley January 4, 2022 4 affordable units to the housing mix based on the current proposal and the City’s Mixed-Income Housing Policy. Traffic Engineering staff have evaluated the likely traffic resulting from this proposal using the standard trip generation numbers employed by traffic engineers. These models assume an average of 3.24 trips per day per unit for a senior building, which would have resulted in approximately 314 new trips per day based on the original 97 units proposed. At 78 units, the trip calculation would be 253 new trips per day. It is likely that a large portion of these trips would find their way to Olson Memorial Highway heading to and from downtown Minneapolis. Because the connection between Country Club Drive and Douglas Drive was removed in 2017 as part of the reconstruction of the County road, in order to go eastbound from this location it is necessary to first travel west to Rhode Island Avenue and then use the signalized intersection at Highway 55. Properties along this section of Country Club Drive – residential and non- residential alike – would experience an increase in the number of vehicles driving by. However, the increase would be fairly minor in the larger scheme of trips which were last measured as 1,550 in 2017 prior to the closure of the eastern terminus. As noted above, reguiding and rezoning this property for High Density Residential use would not necessarily designate this site for senior use. A different proposal for general multi-family apartments (a permitted use under the proposed zoning) would be associated with a higher trip generation (an average of 4.54 trips per day per unit) and so could result in more traffic along Country Club Drive. Context The current mix of land uses in proximity to the site (both approved and the pending Light Industrial use at 6300 Olson Memorial Highway) are quite different from the use being proposed. City Council Regular Meeting Executive Summary City of Golden Valley January 4, 2022 5 Future Land Use Map – existing conditions with pending change at 6300 OMH The site is surrounded to the north and west by the operations of the Golden Valley Country Club – specifically the driving range, tennis courts, and the tee boxes for Hole #3. To the south, single-family homes are located west along Country Club Drive while the Park Nicollet Parkinson’s Center, a law office, and a Montessori pre-school are directly across the street. 6300 Olson Memorial Highway (the old Optum site) is in the process of being redeveloped as a light industrial business center. In a slightly larger radius, there are other industrial uses across Douglas Drive, the Perpich Center for Arts Education south of Olson Memorial Highway, and medium density residential north of the railroad tracks. The closest High Density Residential developments (all senior buildings) are in the downtown area or adjacent to Schaper Park well to the east. Staff notes the general lack of retail or service establishments in the area. The closest commercial businesses are located in the downtown, roughly three-quarters to one mile to the west along Country Club Drive. There are no parks in the area. The Country Club, while a significant green/open space, is private property and would not be an option for public recreation for future residents. Other High Density Residential properties in Golden Valley have tended to be located either near commercial nodes (the downtown or the Duluth/Hwy 100 area) or on larger capacity roadways (I-394, Olson Memorial Highway, Medicine Lake Road, etc.). While both Olson Memorial Highway and Douglas Drive are nearby, neither is immediately accessible given the restricted access from Country Club Drive. City Council Regular Meeting Executive Summary City of Golden Valley January 4, 2022 6 Finally, the height allowed for the use being proposed is significantly greater than the height allowed for any of the other surrounding uses (even at five stories), potentially resulting in a tower or island effect for the site when viewed in comparison to adjacent properties. Comprehensive Plan Consistency Finally, staff reviewed the goals and policies of the Comprehensive Plan to help determine if this proposed change in land use was following the intent of the City’s central guiding document. Based on the application materials, staff found the following goals and policies to support the reguiding of the site for high density residential use. Land Use • Goal 1: Create a Complete Community – Strive for a diverse and balanced community that contains a variety of residential areas, major employers, retail, service, institutions, and parks and open spaces. Objective 1.1 – Improve the variety of housing options, with a focus on accommodations for seniors. Housing • Goal 2: Expand the Variety of Housing Options – Expand the variety of housing types and designs to allow all people a housing choice for all life stages and all economic means. Objective 2.1 – Prioritize the need for senior housing in the community and support a variety of senior living arrangements. • Goal 3: Increase Housing Affordability – Increase housing opportunities at a cost that low- and moderate-income households can afford without compromising their ability to pay for other essential needs. Objective 3 – Support the production of new, high-quality, affordable housing in the City. However, there are other goals and policies that could be seen to conflict with the proposal. Land Use • Goal 2: Minimize Conflicts and Impacts of Change – Develop a regulatory framework designed to minimize potential conflicts between land uses. Objective 1.2 – Arrange land uses so there are compatible transitions between major land use types. • Goal 3: Promote High Quality Development – Ensure new development meets high construction and visual quality standards and includes measures of sustainability. Objective 3.1 – Encourage developments to respect their surroundings. Objective 3.3 – Recognize and support development patterns that acknowledge the character of suburban neighborhoods. Staff Findings In order to provide support for the recommendation adopted by the Planning Commission, staff originally offered the following findings of fact related to reguiding the proposed parcel to a High Density Residential designation: 1. The City would benefit from the addition of affordable units that would be required as a result of a change in land use. City Council Regular Meeting Executive Summary City of Golden Valley January 4, 2022 7 2. The proposed use of this site for High Density Residential – and more specifically as a senior cooperative building – fits with a number of the goals and objectives of the Comprehensive Plan while potentially conflicting with others. 3. The site is currently in an area with a variety of land use designations nearby, but none are as intense or allow for the extent of massing that could result here should the property be guided for High Density Residential. 4. Instead of acting as a transition between different land uses (Single-Family and Open Space), the proposed use could function as a barrier by inserting a more intense use between two less intense uses. 5. While Engineering staff have concluded that the amount of traffic generated by a senior use is able to be absorbed by Country Club Drive given its current traffic levels and its type of construction, the increase in trips would be felt by residents and businesses given the existing indirect access to Olson Memorial Highway. 6. A specific project has been proposed in association with the change in land use, but there is no guarantee a more intense or impactful proposal would not emerge that would be allowed once a High Density Residential designation was established. Discussion at Planning Commission The Planning Commission heard the future land use map amendment, zoning map amendment, subdivision, and Conditional Use Permit requests at its meeting on December 13. For both the land use and the zoning change, the Planning Commission voted 6-0 to recommend denial of the requests. While generally supporting the proposed use and recognizing the need for more senior housing in the city, Commissioners were concerned about the height and massing of the proposed building, as well as the concerns around traffic raised by staff and the surrounding neighborhood. Finding that the standards for subdivision were met, the Commission voted (6-0) to recommend approval of the preliminary plat with conditions proposed by staff. The requested Conditional Use Permit for a sixth story was also recommended for denial (6-0) by the Planning Commission. Minutes from this meeting are attached to provide additional details on the discussion. Subsequent Considerations Given the significant revisions being offered by the applicant after the Planning Commission meeting, staff does not support a City Council vote on the proposal at this time. It has long been the City’s practice not to accept significant changes to a pending proposal in between the Planning Commission and City Council hearings. This assures that the plans that residents see at the Planning Commission (and at the Neighborhood Meeting) are the same ones that are considered by the Council. When changes are proposed by the applicant, the past recommendation from staff has been to ask the Council to return the item to the Planning Commission for re-evaluation in light of new information. While not favored by the applicant or the current landowner, staff notes three reasons why returning this proposal to the Planning Commission makes sense: • This is consistent with past practices of not allowing changes to proposals between the Planning Commission and City Council hearings (or returning items to the Planning Commission for reevaluation if there are changes). City Council Regular Meeting Executive Summary City of Golden Valley January 4, 2022 8 • The changes being proposed by the developer generally address concerns expressed by the Planning Commission – a second evaluation may generate votes of support from Commissioners. • Consideration of the land use change (in order to start the review process with the Metropolitan Council) while allowing the review of other aspects of the proposal to continue would not be productive. As has been established with previous land use changes, the zoning change must follow. The subdivision proposal already meets City standards. Full review of the land use change is the only opportunity the City has the to fully evaluate and shape the outcome. In terms of timing if this were to be returned to the Planning Commission, there are notification requirements that must be followed. Notification by mail is required for the Planning Commission hearing, so the earliest date for a second hearing would be January 24. A legal notice in the newspaper is required prior to the City Council hearing, which would mean a February 15 meeting date. It may be possible to pre-publish the notice which could move the Council hearing date up to February 1. Financial Or Budget Considerations None Recommended Action Motion to return the proposed land use change to the Planning Commission for additional evaluation in light of revisions submitted by the applicant. Supporting Documents • Memo to the Planning Commission dated December 13, 2021 (8 pages) • Unapproved Planning Commission Minutes dated December 13, 2021 (11 pages) • Future Land Use Map (1 page) • Revised Project Narrative (6 pages) • Plans for Artessa Cooperate at Golden Valley dated September 24, 2021 (21 pages) • Resolution No. 22-006, Amendment to the Future Land Use Map Designating a Portion of the Property at 7001 Golden Valley Road as High Density Residential (1 page) • Written Communications Received In Support of Artessa Senior Cooperative (Final attachments of overall agenda item) (13 pages) • Written Communications Received Opposed to Artessa Senior Cooperative (Final attachments of overall agenda item) (23 pages) 1 Date: December 13, 2021 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing – Future Land Use Map Amendment for a Portion of 7001 Golden Valley Road – Artessa Property address: Southeast portion of 7001 Golden Valley Road Applicant: Artessa Development, LLC Property owner: Golden Valley Country Club Current use: Golf course driving range Proposed lot size: 2.35 acres Current Land Use: Institutional Proposed Land Use: High Density Residential Current Zoning: Institutional (I-4) Proposed Zoning: High Density Residential (R-4) Adjacent uses: Golf course (west and north), vacant office (east), office and medical clinic (south) 2020 aerial photo (Hennepin County) 2 Summary of Request Artessa Development, LLC, is proposing four planning actions to allow for the development of a portion of the driving range owned by the Golden Valley Country Club. They are requesting a change to the Future Land Use Map (from an Institutional use to High Density Residential use), a change to the Zoning Map (from the Institutional (I-4) Zoning District to the High Density Residential (R-4) Zoning District), a subdivision of the property to create a new lot of approximately 2.35 acres, and a Conditional Use Permit to allow for the construction of a sixth floor on the proposed senior cooperative building. Background 7001 Golden Valley Road is the street address for the Golden Valley Country Club and Golf Course. Despite being bisected by Golden Valley Road and a Union Pacific-owned railroad, the entire Country Club site is considered a single parcel. Overall, the parc el is 148.76 acres (which will be reduced slightly now that the Greenway Villas PUD in the northwest corner has been granted final approval); however, this request is only related to a portion of the parcel located in the southeast corner of the site. The area in question is at the far end of the existing driving range, along Country Club Drive and adjacent to the vacant property previously occupied by Optum (United Health). City staff were first approached by the Country Club in late 2019. The Club had identified areas of its property which were no longer necessary or relevant to the golf course use, and they wanted to better understand the approvals necessary in order to sell these portions of the property for subsequent redevelopment. This site in the southeast corner of the lot was first marketed to builders and investors in 2020, following which the club selected Lifestyle Communities to partner with on the redevelopment. Existing Conditions The proposed site is approximately 2.35 acres. It currently makes up the southern portion of the driving range for the Country Club and contains a number of mature (legacy) oak trees. It front s on Country Club Drive, to the south, which is classified as a major collector and is a municipal state-aid street. The property to the east has been given preliminary approval for redevelopment as a light industrial business center. As noted previously, this area has not yet been subdivided from the rest of the property, and so has only a preliminary parcel description. A full survey is attached with these memos for review. There are no structures located within the proposed parcel. For decades it has served as the far end of the driving range and is currently populated with large oak trees. A private access drive runs north along the west edge of the site, connecting Country Club Drive with the Country Club parking lot. Under the current proposal, the south end of this drive would be shifted slightly to the west and the connection would remain. The site also has a fair amount of topography, dropping as much as 30 feet from the high point along Country Club drive to a low point in the northeast corner of the site. 3 2020 aerial photo with two foot contours Proposal The proposal for the site is to change the guided land use, change the zoning, proceed with a subdivision that would create a new lot, and request a Conditional Use Permit to construct a sixth story on the proposed building. Artessa Development would like to construct a 97-unit senior cooperative building at this location. A project narrative provided by the applicant is attached and describes the project in more detail. Staff will note, as in previous land use and zoning change requests, that while a current proposal is being put forward, if the land use and zoning changes are approved they are not tied to this developer or to this project and could change in the future without any additional review or input from the City (assuming a by-right project that is not a PUD and does not require any variances to proceed). Even the proposed use as a senior cooperative could change should this specific proposal not move forward. Having said that, the current plan is to construct a six-story building with two levels of underground parking and direct access to Country Club Drive. Due to the requested change in land use/zoning by the developer, the project would be subject to the City’s Mixed -Income Housing Policy and therefore a number of units (anywhere from 10% to 15% of the tot al number) would be required to be rented or sold as affordable and remain affordable for a period of not less than 20 years. The project would not be directly associated with the Country Club, but nothing would restrict the residents from taking advantage of their proximity to the golf course. 4 Draft civil site development plans have been provided by the applicant and are attached, but staff emphasizes that the approvals for land use and zoning should be reviewed independent of these, as those decisions are mostly unrelated to the proposed building. Consideration of the minor subdivision and Conditional Use Permit (in subsequent staff memos) will take the proposed site plans into account more directly. Neighborhood Notification and Public Comments As required under the City’s Neighborhood Notification Policy, a neighborhood meeting was held in the City Council Chambers on the evening of December 2. Approximately 39 individuals attended – mostly residents from the neighborhood as well as a few members of the Country Club. Four individuals attended via Zoom. Primary concerns shared by many were the impact of traffic on Country Club Drive – both during the lengthy construction period and beyond, especially gi ven there is no outlet onto Olson Memorial Highway going eastbound. There were also critical comments about the size/scale/massing and architecture of the building, with the main concern being that it was too large and would dominate the skyline for the homes across the street. In general, there was openness to a senior cooperative as a model for independent living in Golden Valley. To date, staff has received a number of written communications regarding this proposal – these are included as the last attachments for this agenda item. A number of comments were provided via email to Council Members, while others went to staff. An online petition was also submitted in opposition to the project. The Golden Valley Country Club sent a letter of support and provided their members with a Fact Sheet. A handful of Country Club members were among those who commented. At last count, staff is aware of letters of support from the Country Club , four Country Club members, and one other individual; letters of opposition from ten residents; and a petition signed by 57 residents opposing the project. Required Process Support from the Planning Commission and City Council for this proposal would also necessitate review and approval from the Metropolitan Council for the change in land use, requiring a delay in the final vote on the rezoning, the subdivision, and the Conditional Use Permit until the land use change was approved. Staff Review The City Code does not set specific standards for changing a future land use designation, and the City Council – with the input of the Planning Commission – has a great deal of latitude in deciding if the request is consistent with the overall direction and vision of the Comprehensive Plan. In making a determination, the City should take into account the land use descriptions outlined in the Comp Plan as well as any potential impacts on the character of the area. For reference, it is important to understand what both the existing and proposed land use s entail and the expectations placed on those land uses in the Comprehensive Plan. The 2040 Comp Plan has the following description of the Institutional - Parks and Natural Areas use: 5 This category includes open spaces used as golf courses, ball fields, playgrounds, parks, nature areas, stormwater ponding areas, and other undeveloped remnants. This does not include vacant land envisioned for other uses in the future. The High Density Residential land use is described as follows: Apartment buildings and condominiums are the predominant high-density residential uses, with senior facilities allowed at higher densities in some locations through a Conditional Use Permit. This land use is generally located near commercial, office, or institutional uses with access to multi-modal options. The High Density Residential land use allows development in a range of 20 to 100 units per acre (though the higher end of this range requires separate approval via a Conditional Use Permit under the City’s zoning regulations). At 2.35 acres, this site could theoretically accommodate anywhere from 47 to 235 units. Residential Demand The City’s 2040 Comprehensive Plan, with significant input from the 201 7 Maxfield Housing Needs Analysis, acknowledges a relative shortage of senior housing in Golden Valley as well as demand for for-sale or condominium units. As proposed, the Artessa development would address both of these areas, though in the form of cooperative ownership rather than condominiums. It would also contribute ten affordable units to the housing mix based on the current proposal and the City’s Mixed-Income Housing Policy. Traffic Engineering staff have evaluated the likely traffic resulting from this proposal using the standard trip generation numbers employed by traffic engineers. These models assume an average of 3.24 trips per day per unit for a senior building, which would result in approximately 314 new trips per day based on the 97 units proposed. It is likely that a large portion of these trips would find their way to Olson Memorial Highway heading to and from downtown Minneapolis. Because the connection between Country Club Drive and Douglas Drive was removed in 2017 as part of the reconstruction of the County road, in order to go eastbound from this location it is necessary to first travel west to Rhode Island Avenue and then use the signalized intersection at Highway 55. Properties along this section of Country Club Drive – residential and non-residential alike – would experience an increase in the number of vehicles driving by. However, the increase would be fairly minor in the larger scheme of trips which were last measured as 1,550 in 2017 prior to the closure of the eastern terminus. As noted above, reguiding and rezoning this property for High Density Residential use would not necessarily designate this site for senior use. A different proposal for general multi-family apartments (a permitted use under the proposed zoning) would be associated with a higher trip generation (an average of 4.54 trips per day per unit) and so could result in more traffic along Country Club Drive. 6 Context The current mix of land uses in proximity to the site (both approved and the pending Light Industrial use at 6300 Olson Memorial Highway) are quite different from the use being proposed. Future Land Use Map – existing conditions with pending change at 6300 OMH The site is surrounded to the north and west by the operations of the Golden Valley Country Club – specifically the driving range, tennis courts, and the tee boxes for Hole #3. To the south, single- family homes are located west along Country Club Drive while the Park Nicollet Parkinson’s Center, a law office, and a Montessori pre-school are directly across the street. 6300 Olson Memorial Highway (the old Optum site) is in the process of being redeveloped as a light industrial business center. In a slightly larger radius, there are other industrial uses across Douglas Drive, the Perpich Center for Arts Education south of Olson Memorial Highway, and medium density residential north of the railroad tracks. The closest High Density Residential developments (all senior buildings) are in the downtown area or adjacent to Schaper Park to the east. Staff notes the general lack of retail or service establishments in the area. The closest commercial businesses are located in the downtown, roughly three-quarters to one mile to the west along Country Club Drive. There are no parks in the area. The Country Club, while a significant green/open space, is private property and would not be an option for recreation for future residents. 7 Other High Density Residential properties in Golden Valley have tended to be located either near commercial nodes (the downtown or the Duluth/Hwy 100 area) or directly on larger capacity roadways (I-394, Olson Memorial Highway, Medicine Lake Road, etc.). While both Olson Memorial Highway and Douglas Drive are nearby, neither is immediately accessible given the restricted access from Country Club Drive. Finally, the height allowed for the use being proposed is significantly gre ater than the height allowed for any of the other surrounding uses, potentially resulting in a tower or island effect for the site when viewed in comparison to adjacent properties. Comprehensive Plan Consistency Finally, staff reviewed the goals and policies of the Comprehensive Plan to help determine if this proposed change in land use was following the intent of the City’s central guiding document. Based on the application materials, staff found the following goals and policies to support the reguiding of the site for high density residential use. Land Use • Goal 1: Create a Complete Community – Strive for a diverse and balanced community that contains a variety of residential areas, major employers, retail, service, institutions, and parks and open spaces. Objective 1.1 – Improve the variety of housing options, with a focus on accommodations for seniors. Housing • Goal 2: Expand the Variety of Housing Options – Expand the variety of housing types and designs to allow all people a housing choice for all life stages and all economic means. Objective 2.1 – Prioritize the need for senior housing in the community and support a variety of senior living arrangements. • Goal 3: Increase Housing Affordability – Increase housing opportunities at a cost that low- and moderate-income households can afford without compromising their ability to pay for other essential needs. Objective 3 – Support the production of new, high-quality, affordable housing in the City. However, there are other goals and policies that could be seen to conflict with the proposal. Land Use • Goal 2: Minimize Conflicts and Impacts of Change – Develop a regulatory framework designed to minimize potential conflicts between land uses. Objective 1.2 – Arrange land uses so there are compatible transitions between major land use types. • Goal 3: Promote High Quality Development – Ensure new development meets high construction and visual quality standards and includes measures of sustainability. Objective 3.1 – Encourage developments to respect their surroundings. 8 Objective 3.3 – Recognize and support development patterns that acknowledge the character of suburban neighborhoods. Staff Findings In order to provide support for the recommendation below, staff is offering the following findings of fact related to reguiding the proposed parcel to a High Density Residential designation: 1. The City would benefit from the addition of affordable units that would be required as a result of a change in land use. 2. The proposed use of this site for High Density Residential – and more specifically as a senior cooperative building – fits with a number of the goals and objectives of the Comprehensive Plan while potentially conflicting with others. 3. The site is currently in an area with a variety of land use designations nearby, but none are as intense or allow for the extent of massing that could result here should the property be guided for High Density Residential. 4. Instead of acting as a transition between different land uses (Single -Family and Open Space), the proposed use could function as a barrier by inserting a more intense use between two less intense uses. 5. While Engineering staff have concluded that the amount of traffic generated by a senior use is able to be absorbed by Country Club Drive given its current traff ic levels and its type of construction, the increase in trips would be felt by residents and businesses given the existing indirect access to Olson Memorial Highway. 6. A specific project has been proposed in association with the change in land use, but there is no guarantee a more intense or impactful proposal would not emerge that would be allowed once a High Density Residential designation was established. Recommended Action Based on the findings above, staff recommends denial of the requested amendment to the Future Land Use Map, changing the guided land use for a portion of 7100 Golden Valley Road from Institutional - Parks and Natural Areas to High Density Residential. Attachments: Future Land Use Map (1 page) Project Narrative (6 pages) Plan Set submitted October 22, 2021 (21 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: Rich Baker, Adam Brookins, Sophia Ginis, Andy Johnson, Lauren Pockl,  Mike Ruby, Chuck Segelbaum  Commissioners absent:       Staff present:     Myles Campbell – Planner, Jason Zimmerman – Planning Manager  Council Liaison presentg:    Gillian Rosenquist    2. Approval of Agenda  Chair Pockl asked for a motion to approve the agenda.  Commissioner Johnson asked when review of the Comprehensive Plan would reappear on the agenda.  Jason Zimmerman, Planning Manager, responded there are studies being conducted by metro transit  in addition to a few traffic studies. The City Manager has directed staff to hold off on moving forward  until the results are no longer pending to proceed.   MOTION made by Commissioner Segelbaum, seconded by Commissioner Brookins, to approve the  agenda of December 13, 2021. Motion carried.    3. Approval of Minutes  Chair Pockl asked for a motion to approve the minutes from November 22, 2021.  MOTION made by Commissioner Ginis, seconded by Commissioner Brookins to approve.   Motion carried.    4. Informal Public Hearing – Future Land Use Map Amendment, Zoning Map Amendment, Subdivision,  Conditional Use Permit  Applicant: Artessa Development, LLC  Address: Southeast corner of 7001 Golden Valley Road    Jason Zimmerman, Planning Manager, introduced the applicant and reminded Commissioners that  this one presentation and public hearing includes four applications and requires four votes:  1. Amend the Future Land Use Map  December 13, 2021 – 7 pm    City of Golden Valley    Planning Commission Regular Meeting  December 13, 2021, 2021 – 7 pm       2  2. Amend the Zoning Map  3. Subdivide the property  4. Grant a Conditional Use Permit for height      1. Amend the Future Land Use Map  Staff reviewed the location off Country Club Drive and listed the items staff supports and concerns  they have. The County Club approached the City in 2019 as they were interested in selling and  developing two unused portions of their property:    Northwest Corner (Greenway Villas)   Southeast Corner (Artessa Senior Cooperative)    Staff listed existing conditions, displayed a few street view perspectives, and summarized the proposal.     Proposal   Change guided land use to High Density Residential   Change zoning to High Density Residential (R‐4)   Subdivide golf course property to create 2.35‐acre parcel   Construct 97‐unit senior cooperative building with direct access to Country Club Drive (front  parking lot and shared private drive to rear to reach two levels of underground parking)   Five stories would be allowed by‐right; a CUP needed to add a sixth story   Would include 10 affordable units (at 80% AMI)    Staff reviewed the details and input from the neighborhood meeting held on December 2nd. Residents  were generally opposed to the proposal with concerns about traffic, building size, and loss of trees.     Regarding the Future Land Use Map Amendment, there aren’t specific standards by which the City  must evaluate the application so they’ll assess the Land Use descriptions, the impacts to the character  of the neighborhood, and consistency with the broad Comp Plan.   A market study confirms there is a need for senior housing, affordable housing, and for varying  ownership models.   Zimmerman went on and discussed traffic, what is consistent with and what conflicts with the comp  plan.    Findings   The City would benefit from the addition of affordable units that would be required as a result  of a change in land use.   The proposed use of this site for High Density Residential – and more specifically as a senior  cooperative building – fits with a number of the goals and objectives of the Comprehensive  Plan while potentially conflicting with others.  City of Golden Valley    Planning Commission Regular Meeting  December 13, 2021, 2021 – 7 pm       3   The site is currently in an area with a variety of land use designations nearby, but none are as  intense or allow for the extent of massing that could result here should the property be guided  for High Density Residential.   Instead of acting as a transition between different land uses (Single‐Family and Open Space),  the proposed use could function as a barrier by inserting a more intense use between two less  intense uses.   While Engineering staff have concluded that the amount of traffic generated by a senior use is  able to be absorbed by Country Club Drive given its current traffic levels and its type of  construction, the increase in trips would be felt by residents and businesses given the existing  indirect access to Olson Memorial Highway.   A specific project has been proposed in association with the change in land use, but there is no  guarantee a more intense or impactful proposal would not emerge that would be allowed once  a High‐Density Residential designation was established.    2. Amend the Zoning Map    Zimmerman moved on the Zoning Map Amendment, this item mirrors the previous as the two are  related. Staff looked at the purpose of zoning districts, the list of permitted and conditional uses, and  the compatibility with surrounding uses. Staff noted this would trigger a park dedication fee.     Findings   The City would benefit from the addition of affordable units that would be required as a result of  a change in zoning.   The proposed use of this site for High Density Residential – and more specifically as a senior  cooperative building – fits with a number of the goals and objectives of the Comprehensive Plan  while potentially conflicting with others.   The site is currently in an area with a variety of zoning designations nearby, but none are as  intense or allow for the extent of massing that could result here should the property be zoned  for High Density Residential.   Instead of acting as a transition between different zoning designations (Single‐Family Residential  and Institutional (I‐4)), the proposed designation could function as a barrier by inserting a more  intense designation between two less intense designations.   A High Density Residential zoning designation has typically be located near a commercial node –  providing access to retail and services – or on a major roadway with access to high frequency  transit. The location being proposed lacks those qualities.   Though potential residents of a multi‐family building would have views of the Golden Valley  Country Club grounds, the site is private property and no public open space is nearby to allow for  outdoor recreation (active or passive).   While Engineering staff have concluded that the amount of traffic generated by a senior use is  able to be absorbed by Country Club Drive given its current traffic levels and its type of  construction, the increase in trips would be felt by residents and businesses given the existing  indirect access to Olson Memorial Highway.  City of Golden Valley    Planning Commission Regular Meeting  December 13, 2021, 2021 – 7 pm       4   A specific project has been proposed in association with the change in zoning, but there is no  guarantee a more intense or impactful proposal would not emerge that would be allowed once  a High‐Density Residential zoning district was established.    3. Subdivide the Property    Zimmerman discussed the subdivision and it would create a new lot of 2.35 acres. The existing lot isn’t  part of a recorded plat or a recorded registered land survey, does not qualify as a “minor subdivision”  and therefore standards are slightly different. The 2040 Comp Plan identifies the need for a west  frontage road in the area and staff displayed a number of possibilities. Zimmerman added that there  is not timing nor funding in the 10‐year CIP for this project and Country Club is opposed to the ROW  being included as a part of this proposal.     Other departments reviewed the proposal and Engineering has concerns around the removal of 23  significant trees, 18 are legacy oaks. They also have concerns about above ground stormwater  treatment and runoff, BCWC review, and maintenance agreement for pervious pavers. Fire supports  the ROW dedication for improvements to public safety response times.     Findings   The Council may require changes or revisions as it deems necessary for the health, safety, general  welfare, and convenience of the City.  o Standard conditionally met. In order to advance the long‐term transportation network  concept included in the 2040 Comprehensive Plan, land must be dedicated for a future  public road and included on the final plat.   The approval of a preliminary plat is tentative only, involving only the general acceptability of the  layout as submitted.  o Standard met. Staff have reviewed the layout and find it to be generally acceptable.   Prior to approval of the preliminary plat by the Council, the engineering proposals pertaining to  water supply, storm drainage, sanitary sewer service, roadway widths, traffic impacts, and the  surfacing of streets shall be approved by the City engineer and other public officials having  jurisdiction.  o Standard conditionally met. While the specifics of the site design remain to be fully  developed as part of the submittals for the potential site development, there are no  known issues related to water supply, storm drainage, or sanitary sewer service. Increases  in traffic created by this proposal, while impacting adjacent properties, would not rise to  the level of concern with respect to congestion or roadway condition. Staff are requiring  copies of shard access agreements with the Golden Valley Country Club for review.   No plat shall be approved for a subdivision which covers an area subject to periodic flooding or  which contains extremely poor drainage facilities and which would make adequate drainage of  the streets and lots difficult or impossible, unless the subdivider agrees to make improvements  which will, in the opinion of the City Engineer, make the area completely safe for occupancy and  provide adequate street and lot drainage.  o Standard met. The City Engineer has determined that the site should drain adequately.  City of Golden Valley    Planning Commission Regular Meeting  December 13, 2021, 2021 – 7 pm       5   No plat shall be approved for a subdivision that does not meet the requirements specified in this  chapter.  o Standard met.    4. Conditional Use Permit    Zimmerman introduced the final portion of this proposal, and the request for a 6th story to be allowed  on the build. The proposed height of 72.5 ft from the south appear to be eight stories from the north.  There is horizontal articulation but few vertical breaks or step backs to break up the profile.     Findings   Demonstrated Need  o Standard met. Past housing studies have confirmed the need for additional senior  options in Golden Valley, especially for owner‐occupied units. A less common  cooperative model would help provide a greater variety of options for seniors looking  to remain or move into the city.    Consistency with Comprehensive Plan  o Standard provisionally met. In order for this proposal to move forward, the Future Land  Use Map would need be revised to designate the property for High Density Residential  use. Should that occur, the proposed senior cooperative building would be consistent  with the purpose of that designation and the City’s vision for housing in this area.    Effect on Property Values  o Standard met. There are no indications a sixth story would negatively impact property  values to any measurable degree beyond the impacts of a five story building.    Effect on Traffic Flow and Congestion  o Standard met. While traffic levels would increase on Country Club Drive as a result of  this proposal, Engineering staff believe the number of trips would not exceed the  capacity of the road, and that the additional trips generated by the 17 units included in  a sixth story would be minimal. Trips generated would tend to be in the off‐peak hours.    Increases in Population and Density  o Standard met. There are no indications a sixth story would negatively impact property  values to any measurable degree beyond the impacts of a five story building.    Compliance with Mixed‐Income Housing Policy  o Standard met. The project would dedicate 10% percent of the units as affordable at the  80% AMI level for a period of not less than 20 years.    Noise   o Standard met. No such problems are expected. Noise from eventual residency would  be in line with other multifamily uses.    Generation of Odors, Dust, Smoke, Gas, Vibration, or Pests (Vermin)  o Standard met. No such problems are expected.    Visual and Other Impacts  City of Golden Valley    Planning Commission Regular Meeting  December 13, 2021, 2021 – 7 pm       6  o Standard not met. The exterior of the new building would be held to the City’s  architecture and material standards and would be confirmed with the building  permitting process. However, the significant difference in height compared to  surrounding uses and the overall massing of the building would have a dramatic impact  on residents and businesses in the area. Staff is not able to contemplate a potential  condition that would help mitigate this visual impact.   Other Effects upon Health, Safety, and Welfare  o Standard met. The introduction of a sixth floor on the proposed senior cooperative  building would not generally impact the public health, safety, or welfare. The use as a  whole would provide a new and needed senior living option.    Recommendation  1. Future Land Use Amendment:  a. Based on the findings above, staff recommends denial of the requested amendment  to the Future Land Use Map, changing the guided land use from Parks and Natural  Areas to High Density Residential  2. Zoning Map Amendment:  a. Based on the findings above, staff recommends denial of the requested amendment  to the Zoning Map, changing the zoning designation from Institutional (I‐4) to High  Density Residential (R‐4)  3. Subdivision:  a. Based on the factors of evaluation, staff recommends approval of the proposed  preliminary plat, subject to the following conditions:  i. The applicant shall work with staff to dedicate land sufficient to provide right‐ of‐way for a future public road.  ii. The applicant shall include on the final plat the dedication of all drainage and  utility easements deemed necessary to meet City Code requirements.  iii. A park dedication fee of 6% of the land value shall be paid prior to the release  of the final plat.  iv. The applicant shall provide copies of the shared use/access agreements.  v. The City Attorney will determine if a title review is necessary.  4. Conditional Use Permit:  a. Based on the findings above, staff recommends denial of the requested Conditional  Use Permit, allowing for a sixth story.    Commissioners asked staff questions regarding R‐3 vs R‐4 and discussed the issue of scale, height and  massing, as well as location. Traffic flow was a concern and Commissioners asked for more details on  road access to the site. The group discussed amenities in proximity to the development and the impacts  of them on the analysis, as well as trail access. Clarifications on the subdivided portion were answered  in relation to the driveway on the lot. Staff responded to questions regarding the height measurements  and clarified it’s related to the grade of the front of the property. Commissioners asked if the increase  in size on the CUP relates to more affordable units, staff responded that 10% of units are required to  City of Golden Valley    Planning Commission Regular Meeting  December 13, 2021, 2021 – 7 pm       7  be affordable. It was asked if the applicant was doing the bare minimum or offering more affordable  units and staff responded they are fulfilling their 10 required units.     Chair Pockl invited the applicant to speak.   Ben Landhauser, applicant representative, introduced himself and the cooperative housing developer  company. The applicant provided a presentation to the Commission; introducing the unit proposal,  defined their cooperative model, age qualifications, the site itself with proposed conditions, reviewed  each level of the proposed unit, topography, and neighborhood notes from a local meeting held in  December. The applicant displayed images and details on their application, discussing the zoning map  amendment and specifically a case study on Talo details. Applicant discussed open space proximity,  height requirements and visual appearance, as well as discussing their openness to more dialogue.     Commissioners asked the applicant questions about land use and build, appropriateness of location,  and increase of multi‐family housing. The discussion progressed on to intention of housing and if  “transition” housing was a factor. The applicant reiterated this is not intended to be a continuing care  facility but rather 100% independent cooperative living. The applicant discussed the 6th floor, economic  goals, square footage goals, operation reserves, and the cooperative model vs standard condo model  for purchasing a unit. Commissioners asked about real cost estimates for the units as well as what  alternatives the applicant explored before requesting the CUP for the 6th story.    Chair Pockl opened the public hearing at 8:57pm and invited in person commenters to speak first.     Paul Segel  Gurstel Law Firm  6681 Country Club Dr  150 people work at the firm and the property would be greatly impacted. The extreme height and mass  are extreme for the small area. The singular access point for cars will push more traffic to Golden Valley  Road. The architecture has little interest, the proposed materials are common. There are few amenities  within close proximity and would result in numerous single occupancy vehicle trips per day. Staff  analysis that the proposed building could act as a barrier between parcels Is a major concern. The  height variance request doesn’t seem appropriate and I’m concerned that the applicant doesn’t seem  able to preserve any of the 20 mature oak trees on the property.     Tom Conlin  1305 Spring Valley Rd  I am a member of the Country Club and we only want to part with the land is because the marketplace  for memberships is competitive. If we want this club to survive, the land sale will allow improvements.  As stewards of the club, we need to plan for longevity. I don’t believe the concerns raised by staff  overcome the benefits that this cooperative would provide. The development would allow both senior  and affordable housing, goals in the comp plan. Staff stated that the building is an anomaly and  amenities are further away and I want to point out that folks may seek a place like this for these  reasons. The area is mixed use and the Mayor as mentioned wanting housing in this area.     City of Golden Valley    Planning Commission Regular Meeting  December 13, 2021, 2021 – 7 pm       8  Commissioner Segelbaum noted the commenter used the term “we” and asked Conlin if he was  speaking on behalf of the Country Club or as a resident of Golden Valley. Conlin responded that he was  speaking on behalf of both. Segelbaum addressed the Chair and mentioned the applicant already was  granted time to speak. Chair commented that she was under the impression this was a public comment  from the resident.     Steve Bennett  540 Varner Circle  The most impactful word tonight was “anomaly” and this proposal is too much size wise. At the  neighborhood meeting it seemed that if the applicant didn’t get approved for 6 stories it was a deal  breaker and tonight they’re saying 4 is palatable. I would request that 6 is too much and if it has to  happen, I would urge a scale down. Overall, I oppose the proposal.     Bob Plantenburg  6809 Country Club Drive  I submitted a letter and I would like to commend staff on their presentation for why this proposal  doesn’t make sense. I live 2 houses down from this proposal and the applicant hasn’t adequately  addressed access to highway 55. GPS even indicates that drivers take a U‐turn on Glenwood and it’s a  safety concern.     Harmony Bennett  540 Varner Circle  I think staff did a good job and I object to the traffic concerns. We used to take Country Club to Douglas  but now we have to go a different route, there isn’t even an entire lane for the route. The additional  traffic will pose a problem. When you exit at the post office, the intersection becomes a nightmare.  Why not have the proposal on Golden Valley Road, I suspect it’s because the club doesn’t want them  there since they cross in golf carts. The paper states that the club has been here for 107 years and the  sale is to raise money for club improvements to the course. Our community has also been there a long  time, Edith Varner sold the property to the Country Club and she doesn’t approve of this, I don’t think  the community is being considered here. The traffic will ruin the neighborhood and a smaller  development is preferred.     Bob Miller  Hidden Lakes  I’m with the Country Club, everyone in hidden lakes knows that there’s traffic 24/7 because of the  hospital. After a while, you don’t hear the traffic. I’m 70 years old and I don’t make 3 trips a week,  people who are retired don’t travel as much every day as younger folks who go to jobs.     Blythe Stillwell  521 Varner Circle  I wrote a letter so my comments are there too.   I moved here recently from downtown Minneapolis and when I lived there, I was in a condo and it  made sense to have tall buildings around me. I moved to Golden Valley because of the green spaces,  City of Golden Valley    Planning Commission Regular Meeting  December 13, 2021, 2021 – 7 pm       9  tranquility, and beauty of the neighborhoods. I’ve been lucky to have the golf course because it’s  beautiful and I understand everyone’s need to make a profit. This building proposal doesn’t seem like  the best fit because this area is concerned about safety and security; traffic safety is my number one  concern here. I commuted downtown before the pandemic and it’s not easy to get out to commute  because cars need to turn on Glenwood and I’ve seen so many near‐accidents with that U‐turn. I truly  oppose this proposal.     Corby Hardy  521 Varner  I love the idea of this type of property going in and I think it’s almost right. The part that isn’t right is  traffic, I also sent a letter. If you look where Country Club hits Rhode Island, there are 8 access points  and people exiting the post office have a problem. If there could be compromise with the traffic flow,  I think it could be a great project.     Joe Komarek  8212 Golden Valley Road  My family has been here since 1955 and I’m also a member of the County Club. I’m excited about the  proposal. The country club is a destination course, people travel from all over to golf at this course. As  a business owner in the West suburbs, I always drive along 55 to see the green and the houses. It’s my  understanding that members won’t have access to Country Club drive so I will have to go around. There  will be 250 or so members who cannot use that road any longer so that traffic will go down. It’s a  beautiful area, I love the neighborhood, and I love the project especially as I think about my family  turning over older homes who want to stay in the neighborhood.     Susanne Forward  6745 Country Club Drive  I live 200 ft from the proposed development, I also wrote a letter. I’m concerned about the traffic,  conformity to the neighborhood with the neighborhood height and massing, regarding Talo‐if I was  living in a house near Talo I would be happier as that unit blocks traffic noise from 394. This  neighborhood is where Golden Valley got its name as it was a hill of golden daffodils. There seems to  be a lot of concern for the Country Club but not the neighbors as the first we heard about this proposal  was a few weeks ago at the neighborhood meeting. I’m also curious if access to live in the co‐op will  be inclusive or will it only be exclusive to retirees as long as they buy a Country Club membership. I’m  delighted about the development proposal for Optum, it will be nice to have homes there.     Chair Pockl invited call in commenters to speak.     Marcia Anderson  130 Edgewood Ave N  I am concerned about this development for the land use and zoning issues it raises. I participated in  the comp plan discussion and some of the conversations then, pointed to the issues this development  raises. We discussed the need for transitions between residential areas and high‐density developments  and other points staff made in their report. I would like to concur with staff and deny zoning and land  City of Golden Valley    Planning Commission Regular Meeting  December 13, 2021, 2021 – 7 pm       10 use changes. Those seem to be the most important issues in terms of timing. If the Commission and  then Council make exceptions to the land‐use in this way there won’t be a reason to deny any future  developments that don’t meet the intentions of the land‐use and zoning map. If the Commission will  deny based on staff recommendation now, it’ll open the door to discussions with the developer about  the suggestions that came up. If you decide to approve now, all points of leverage are gone. Once the  zoning is changed, any R‐4 development can go in on that property.     Chair Pockl closed the public hearing at 9:28pm    Chair Pockl opened the discussion by asking staff if the traffic increase estimate included deliveries.  Staff stated the number was based on unit totals as guided by the traffic study handbook from  Engineering staff. It’s possible that current events may need to be considered to capture the increase  in deliveries. Commissioner Segelbaum mentioned the intersection of Rhode Island and Country Club  Drive, and asked if the intersection would be impacted by staff or if accommodations would need to  be made. Staff is unaware if that intersection was looked at specifically and focus was rather on traffic  amounts. Commissioner Ruby stated that a lot of traffic concerns have been heard and asked, since  it’s a city road, when the City becomes involved to assist with mitigation vs leaving it to the developer.  Staff responded that their impression is that there are no other plans to make changes to Country Club  Drive. If a different connection was made, MDOT has said they would close the slip ramps and reroute  everything on Douglas. That is not a plan nor funding for that at this time. Commissioner Johnson  mentioned a public comment stating Country Club traffic would be rerouted and asked staff about  that. Staff said currently people approach from both Country Club and Golden Valley Road, prevention  of traffic to use Country Club is a question for the applicant. Johnson asked if the road was part of the  land‐use and staff said it’s a factor but the depth of it needs to be discussed.     Commissioner Ginis stated that she sees positives and negatives with the proposal, and if the proposal  was at the opposite side of the golf course, she’d say yes already. The need is there but proposed  location doesn’t seem to be an issue regarding traffic but access from the T‐intersection is a challenge.  There are many things with the proposal that are almost there. Segelbaum added that the request  seems more aggressive than what’s appropriate and there’s more room to negotiate. Ruby echoed the  previous comments and stated concern for the height. Johnson discussed the land‐use and pointed  out similarities in high‐density residential areas; they are near busy roads or in a location where the  size is expected; this proposal feels like an anomaly. The Chair added that this area has a lot of uses  but if the land‐use and zoning are approved and not the CUP, the applicant goes back to the drawing  board. That opens the space up for any other high‐density proposal without the guarantees of senior  or affordable housing. Commissioner Brookins reiterated comments he made regarding Optum, he  didn’t think the site was properly zoned and the Douglas Drive corridor was overlooked. It seems the  group wants what this site is offering, but not in the way it’s being proposed. It’s a matter of getting to  the right sizing to make it happen. Making a by right land change to allow for this size development  seems too much and another land use option should be considered here and at the Optum site.     City of Golden Valley    Planning Commission Regular Meeting  December 13, 2021, 2021 – 7 pm       11 MOTION made by Commissioner Segelbaum, seconded by Commissioner Johnson, to follow staff  recommendation and deny the requested amendment to the Future Land Use Map, changing the  guided land use from Parks and Natural Areas to High Density Residential  Motion passed unanimously.     MOTION made by Commissioner Segelbaum, seconded by Commissioner Brookins, to follow staff  recommendation and deny the requested amendment to the Zoning Map, changing the zoning  designation from Institutional (I‐4) to High Density Residential (R‐4)  Motion passed unanimously.     MOTION made by Commissioner Brookins, seconded by Commissioner Johnson, to follow staff  recommendation for approval of the proposed preliminary plat, subject to the following conditions:  1. The applicant shall work with staff to dedicate land sufficient to provide right‐of‐way for a future  public road.  2. The applicant shall include on the final plat the dedication of all drainage and utility easements  deemed necessary to meet City Code requirements.  3. A park dedication fee of 6% of the land value shall be paid prior to the release of the final plat.  4. The applicant shall provide copies of the shared use/access agreements.  5. The City Attorney will determine if a title review is necessary.  Motion passed unanimously.     MOTION made by Commissioner Brookins, seconded by Commissioner Johnson, to follow staff  recommendation for denial of the requested Conditional Use Permit, allowing for a sixth story.  Motion passed unanimously.                                         ! ! ! !!! ! !!!! ! ! ! ! ! ! ! ! !!!!! ! !!! ! !!!!! ! ! ! !!! ! !!!!!!!! !!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! !!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! !!! !!!!!!!!!!!!! ! !!!!!!!!!!!!!!!! ! ! !!!!!!!!!!!! ! !! !!! ! !!! ! ! ! ! !! ! ! ! ! ! ! ! ! !!!! ! !!!!!!!!!!!!! !!!!! !!!! !!!! !!!!!!!!! !!!! ! ! !!!!!M edi c i neLakeBranchIkePond Colonial Pond Ottawa Pond Glen-woodPond EgretPond LilacPond DuluthPond St.CroixPond Chicago Pond LilacPond Pond CTurners PondGlen 1 Pond DuckPond Loop EPond Loop FPond Sweeney LakeWirth LakeTwin LakeB a s s ett C re e k Hampshire Pond DecolaPond A NorthRicePond West RingPond Cortlawn Pond DecolaPonds B & C Westwood Lake SchaperPond SouthRicePond East RingPond Bassett CreekDecolaPondE DecolaPond F BreckPond NatchezPond MinnaquaPond WirthPond Toledo/AngeloPond HoneywellPond StrawberryPond DecolaPond D Bas s e tt Cr ee k BassettC r e e k Basset t Cr eekBassettC r e e k BassettC reekSweeney L akeBranchSweeney Lake BranchNW LoopPondBoone Avenue PondMain Stem Pond B Pond C Bassett Creek NatureArea Pond Medicine Lake BrookviewPond A Hidden LakesPond 1 Pond 2A Pond 2B Pond 3 Schaper BallfieldPond Pond O Pond J Spirit of Hope Church Pond GoldenRidgePond Golden Meadows Pond SoccerFieldPond WestPond 201GeneralMillsPond HaroldPond Medicine Lake Road Pond Xenia MitigationPond 10th AvePond SpringPond Briar-woodPond LaurelHills Pond JFB NWPond LogisPond BrownieLake BirchPond MinnaquaWetland GrimesPondBassett CreekPark Pond SweeneyLakeBranchPond M Pond F Pond DP ond E Dover HillPondLiberty BasinBrookviewGolf Course LionsPark WesleyPark Sochacki Park SchaperPark ScheidParkHampshirePark MedleyPark Briarwood Laurel Avenue Greenbelt Glenview TerracePark North TyrolPark Western AvenueMarsh Nature Area GeartyPark Sandburg AthleticFacility NatchezPark ValleyView ParkPennsylvaniaWoods BassettCreekNature Area WildwoodPark IsaacsonPark SouthTyrol Park SeemanPark AdelineNature Area YosemitePark StockmanPark Golden OaksPark St CroixPark LakeviewPark SweeneyPark Perpich CenterBall Fields Ronald B. Davis Community Center Brookview Park Westwood HillsNature Center (SLP) (MPRB) Theodore WirthRegional Park Eloise Butler WildflowerGarden and Bird Sanctuary Wirth LakeBeach Golden RidgeNature Area General Mills NaturePreserve General Mills ResearchNature Area BooneOpenSpace GoldenHills Pond MadisonPond SouthTyrolPond LibraryHill IdahoWetland GeorgiaOpen Space ArdmoreNorth&SouthPonds JanalynPond MeadowPond O p e n S p a c e OrklaOpenSpace PicnicPavilion Chalet SochackiPark (Three Rivers Park Dist.) Bassett Valley Open Space ByrdBluffOpenSpace → FishingDock PaisleyPark XeniaOpenSpace DahlbergOpenSpace Minnaqua Greenbelt (TRPD) (Mpls Park & Rec Board) Plymouth Avenue The Trailhead 456766 456770 456766 456740 456740 4567156 4567102 §¨¦394 §¨¦394 Æÿ55 Æÿ55 Æÿ100 Æÿ100 £¤169 £¤169 34th Ave N Medicine Lake Rd BroggerCir Knoll St Lilac Dr NLilac Dr NThotland Rd Mendelssohn Ave NWinnetka Ave NSunnyridgeCir Western Ave (WaterfordDr)Hillsboro Ave NZealandAve N Aquila Ave NOrkla DrWisconsin Ave N23rd Ave N KalternLn Wynnwood Rd 25th Ave N Bies DrJonellen Ln Sumter Ave NRhodeIslandAveNPatsy Ln Valders Ave NWinnetka Ave NDuluth St Florida Ave NSandburg Rd HeritageCirKentley Ave Wynnwood Rd Kenneth Way Unity Ave NB a s s e ttC r e e k D rQuailAveNScott Ave NLilac Dr NLowry Ter 33rd Ave N Noble Ave NCross LnQuail Ave NScott Ave NRegent Ave NToledo Ave NIndiana Ave N(BridgewaterRd)(WaterfordCt)(Hid d e nLnkesPkwy)Meadow Ln NFrance Ave NTopel Rd Unity Ave NPhoenix St Parkview 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County Rd 156OregonAveS24th Ave N LilacDrNRoanokeRdLouisianaAveN Turnpike RdLilacLoop (Sunnyridge Ln)WisconsinAveN GettysburgCt(Laurel Pt) (Laure lCurv)Independence Ave NGettysburg Ave NFlag Ave NWheelerBlvdAlleyNaper St B e tty CrockerDr Decatur Ave N(WesleyCommonsDr)Winnetka Ave S Winnetka Ave SHanley RdBrookviewPkwySWayzataBlvd I-394 S Front a g e R d Olympia St Independence Ave NHillsboro Ave NGettysburg Ave NU n io n P acific Railroad Canadian Pacific Railroad B u rlin g to n N o rt h e r n Sant aFeRailroadCanadianPacificRailroadC anadianP acificR ailroadC anadia n P a c i f i c R ailroad U nion Pacific R a i l r o a d Breck School SandburgMiddle School Perpich Center for Arts Education MNDOT District Office & State Highway Patrol NobleElementarySchool CalvaryLutheranChurch Speak theWord Church 10th AvenueCold Storage School ofEngineeringand Arts GovernmentCenter &Fire Station #1 MeadowbrookElementarySchool King of GraceLutheranChurchand School Churchof St.MargaretMary Good ShepherdCatholic Church&Good ShepherdSchool GoldenValleyLutheranChurch Spirit ofHopeChurch Oak Grove Church HennepinCounty SheriffCommunications Hennepin CountyLibrary Fire Station#3 Valley Community Presbyterian Church ChristianLifeCenter UnityChristChurch RedeemerReformedChurch FireStation#2 Valley of PeaceLutheran Church Golden ValleyCemetery Golden ValleyHistoricalSociety BrookviewCommunityCenter Breck IceArena WaterReservoir U.S.Post Office Loveworks Academy forVisual & Performing Arts C I T Y O F N E W H O P E 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 CRYSTALC I T Y O F N E W H O P E CITY OF PLYMOUTHCITY OF MINNEAPOLISC I T Y O FST. L O U I S P A R KCITY OFPLYMOUTHCity of G old en Va lley, Eng inee ring7800 Go lden Valley R oadGolden Valle y, MN 554 27-458 8763-593 -8030www.golde nvalle ymn .go v 2020-2040Future Land Use 0 800 1,600 2,400 3,200400Feet I Print Date: 8/5/2020Sources:-Hennepin County Surveyors Office for Property Lines (2020) -City of Golden Valley for all other layers. Future Land Use Residential Low Density – up to 5 units per acre Moderate Density – 5 to 8 units per acre Medium Density – 8 to 30 units per acre High Density – 20 to 100 units per acre Commercial Office Retail/Service Industrial Light Industrial Industrial Mixed Use Neighborhood Community Institutional Assembly Civic Medical Open Space Parks and Natural Areas Water Feature Right-of-Way Railroad Right-of-Way (public and private) 4938 Lincoln Drive Edina, MN 55436 GOLDEN VALLEY COOPERATIVE RE: APPLICATION TO THE CITY OF GOLDEN VALLEY FOR CONSIDERATION OF:  FUTURE LAND USE CHANGE TO HIGH DENSITY  REZONING TO R4  CONDITIONAL USE PERMIT FOR A 6th STORY AND ADDITIONAL HEIGHT ABOVE 60 FEET  PRELIMINARY PLAT APPROVALS DATE: 12.23.2021 APPLICANT INFORMATION Full Name: Artessa Development, LLC [Ben Landhauser, Vice President] Daytime Phone: 612.875.1618 Email Address: ben@thislifestyle.com Street Address: 4938 Lincoln Drive City, State, Zip: Edina, MN 55436 Page 2 of 6 SUMMARY TABLE OF SIGNIFICANT CHANGES TO PROPOSAL/APPLICATIONS REVISED PROPOSAL ORIGINAL CHANGE UNIT COUNT 78 97 -19.6% AFFORDABLE UNITS [10% OF TOTAL MINIMUM] 9 10 +12.5 % ABOVE MIN. DENSITY [UNITS/ACRE] 33.2 41.28 -19.6% TRAFFIC COUNTS [TRIPS PER DAY] 253 315 -19.7% BUILDING SQ FT 218,762 259,630 -15.7% PARKING VEHICULAR [RATIO] 1.9 : 1 1.9 : 1 0% BICYCLE [#] 60+ 40+ +150% ELECTRIC CHARGING [#] 4 2 +200% 4TH FLOOR STEPBACK 43 FEET 35 FEET +123% PARTIAL 5TH FLOOR STEPBACK 114 FEET 35 FEET +226% # OF STORIES 4.5 6 -25% MAX HEIGHT 60 FEET 72.5 FEET -17.2% IMPERVIOUS SURFACE 60% 58.4% +1.6% Page 3 of 6 UPDATED PROJECT NARRATIVE The conceptual site plan identifies a 4.5-story cooperative building comprised of approximately 78 homes. These 78 +/- cooperative homes range in characteristics from 1 bedroom 1 bath to 2 bedroom + den and 2 bath. As the property boundary and planned acquisition has been coordinated with the Golden Valley Country Club, the objective of both parties has centered around preserving as much open space and golf course related functions on the remaining Club property as possible. The design of the cooperative building is intended to compliment and leverage the unique topography of the site. Floor and unit composition has been deliberately assembled to reduce both the interior and exterior massing of the building. From any vantage point, the building appears much smaller than the overall size and number of homes would suggest. 2 levels of underground parking enable the building footprint to remain compact, while providing more than a 1:1.5 ratio of stalls to units within the building. The current façade concept is intended to provide visual interest and intrigue that compliments but doesn’t detract from the Golden Valley Country Club or the surrounding commercial office buildings. The revised building composition is responsive to the scale and massing concerns expressed by nearby single-family residential neighborhood. Strong horizontal banding and a mix of materials accentuate the lower levels and significant articulation provided by the building design. Step backs are provided on the southwestern and eastern legs of the building. From the southern leg of the building, the 3rd to 4th floor is stepped back to reduce massing at the closest point from Country Club Drive. Emphasis visually falls on the 3rd floor and enables the 4th floor to reflect the rolling and undulating topography of the Golden Valley Country Club property. On the partial 5th floor, the building is stepped roughly 114 feet away from Country Club Drive, so the majority of what is visually seen from drivers and passers by is a 3-4 story building. Any impact of the partial 5th floor is placed at the farthest reaches of the cooperative parcel from the residential or neighboring commercial properties. The cooperative has an age qualification requirement that entails at least one owner of every home in the building to be 62 years of age or older. The proposed cooperative community has been modeled to align with the City’s Mixed-Income Housing Policy. 9 homes (11.5%) will be priced and sold to initial buyers at values consistent with the published 80% AMI levels as established by the Metropolitan Council. Over-time all share values (cooperative home values) will appreciate at a maximum of 2% annually, which will enable those 9 homes to remain at the 80% AMI or become more financially attainable to income levels below 80% for a 40-year period of time. Because of the fixed appreciation levels of all homes in the cooperative, all homes will become more financially attainable over time as the general real estate market will fluctuate at an average appreciation rate greater than the maximum 2% appreciation of the cooperative shares. Similar to other Artessa Cooperatives, the building is finished with extensive common area amenities (approximately 9,500+ sf) that enable our owners to have access to more daily living space and community connection opportunities within the cooperative. The cooperative amenity areas include:  Great Room: A large gathering and hosting space with full kitchen, pantry and a variety of seating spaces designed for both large and small groups to get together.  Entertainment Suite: This entertainment suite is the perfect place to get together and watch a movie, play cards or a game on the brand-new shuffleboard table. Your grand kids won’t stop talking about how fun it is to go visit Page 4 of 6 grandma and grandpa once they see all that the entertainment suite has to offer – including an arcade game table.  Hospitality Suite: A secluded hospitality suite becomes the perfect get away for smaller social gatherings like your wine club, family holiday celebrations and anything in between.  Wellness Studio Whether your daily routine involves a workout, yoga or meditation, the Wellness Studio provides an escape for you to keep that routine in check or get a chance to start a whole new one involving state of the art equipment and multi-purpose flooring selected specifically for the Zvago GV Club community.  Business Center: The business center provides working owners a space to take meetings and all the office amenities similarly found in a co-working space.  Guest Suites: These guest quarters allow you to host additional friends or family in your home without having to upsize your unit in the process. Each guest suite reflects the same characteristics you’d find in a king bed suite in a hotel.  Makerspace: Looking for an area to build a new murphy bed, polish up your skis, tune up your bike or create something without feeling like you are making a mess? Active hobbyists and artists alike transform this space into the woodshop or studio space of their dreams as part of the cooperative living experience. The unit composition of the cooperative includes: UNIT TYPE # OF UNITS SQ. FT. RANGE ONE BEDROOM + DEN 11 1,110 – 1,302 sf 2 BEDROOM 18 1,360 - 1,422 sf 2 BEDROOM + DEN 49 1,600 – 1,796 sf The cooperative does have a full time (32 – 40 hrs. per week) building manager and part-time maintenance technician (20 - 30 hrs. per week) on the premises. These individuals are overseen by a professional property management company. PROPERTY INVOLVED: ADDRESS/ LEGAL PID PROPERTY OWNER CONTRACT/PERMISSION 7001 Golden Valley Road / See attached Legal Description on Survey Part of 321182121002 Golden Valley Country Club Purchase Agreement Page 5 of 6 REZONING INFORMATION OF PROPERTIES INVOLVED: PROPERTY COMPREHENSIVE PLAN GUIDANCE CURRENT ZONING PROPOSED ZONING See Attached Legal Description on Plat Parks & Natural Areas I4 – Golf Courses, Parks, Playgrounds & City Offices (R4) High Density Residential R4 ZONING PROPOSAL REGULATION REVISED PROPOSAL CHANGE FROM ORIGINAL PROPOSAL PRINCIPAL USE: Multifamily Cooperative N/A ACCESSORY USE(S): Enclosed and underground parking structure N/A FRONT YARD SETBACK (MIN) (SOUTH): 35 feet N/A SIDE YARD SETBACK (MIN) (WEST & EAST): 20 feet N/A REAR YARD SETBACK (MIN) (NORTH): 20 feet N/A HEIGHT (MAX): 60 Feet* 7.3% Reduction SIZE OF PROPERTY: 2.35 acres N/A IMPERVIOUS SURFACE: 58.4% N/A RESIDENTIAL DENSITY (GROSS UNITS/ACRE): 33.2 8% Reduction STEPBACK FROM 3RD TO 4TH FLOOR: [SOUTHERN BUILDING LEG] 8 feet +123% STEPBACK FROM 4TH TO 5TH FLOOR: [FROM COUNTRY CLUB DRIVE] 114 feet +226% * = AVG HEIGHT MEASURED FROM GRADE AT FRONT OF BUILDING (SOUTHERN FACE) Page 6 of 6 PROJECTED TRAFFIC COUNTS: # OF TRIPS PER UNIT TOTAL # OF TRIPS REVISED PROPOSAL 3.24 253 ORIGINAL PROPOSAL 3.24 315 CHANGE [FROM ORIGINAL TO PROPOSED] 0% -19.7% PARKING REQUIREMENTS VS. PROPOSAL: USE: MULTIFAMILY RESIDENTIAL PROPOSAL [BASED ON 97 UNITS] RATIO COUNT GARAGE PARKING 1.5 : 1 117 SURFACE PARKING 0.44 : 1 34 TOTAL PARKING 1.94 : 1 151 BICYCLE PARKING 0.77:1+ 60 ELECTRIC VEHICLE CHARGING SPACES 5% 4 [2 flex] The required number of parking spaces per the City’s requirements for multi-family buildings is: 146 spaces (1.5/unit). The required number of bicycle parking spaces per City requirements is: 8 bicycle spaces (5% of required vehicle spaces) Respectfully Submitted, Ben Landhauser AICP Executive Vice President Main 612.875.5637 Direct 612.875.1618 ben@thislifestyle.com RESOLUTION NO. 22-006 RESOLUTION FOR AMENDMENT TO THE FUTURE LAND USE MAP DESIGNATING A PORTION OF THE PROPERTY AT 7001 GOLDEN VALLEY ROAD AS HIGH DENSITY RESIDENTIAL WHEREAS, the City Council has met at the time and place specified in a notice duly published with respect to the subject matter hereof and has heard all interested persons, and it appearing in the interest of the public that the Future Land Use Map as heretofore adopted and enacted by the City of Golden Valley be amended; and WHEREAS, the area affected will be legally described as follows: Lot 2, Bock 3, Artessa Golden Valley, Hennepin County, Minnesota. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that pursuant to the provision of Sec. 113-28 of the City Code for the City of Golden Valley, and subject to review and approval by the Metropolitan Council for conformity with regional systems plan as provided in state law, the Future Land Use Map for the City of Golden Valley is hereby amended by designating the identified portion of the property at 7001 Golden Valley Road as High Density Residential. Adopted by the City Council of Golden Valley, Minnesota this 4th day of January 2022. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting January 4, 2022 Agenda Item 4. B. 2. Public Hearing – Zoning Map Amendment for Artessa Senior Cooperative located on a Portion of 7001 Golden Valley Road Prepared By Jason Zimmerman, Planning Manager Summary Artessa Development, LLC, originally proposed four planning actions to allow for the development of a portion of the driving range owned by the Golden Valley Country Club. They requested a change to the Future Land Use Map (from an Institutional use to High Density Residential use), a change to the Zoning Map (from the Institutional (I-4) Zoning District to the High Density Residential (R-4) Zoning District), a subdivision of the property to create a new lot of approximately 2.35 acres, and a conditional use permit to allow for the construction of a sixth floor on the proposed senior cooperative building. Subsequently, revised plans were submitted and the conditional use permit is no longer needed. At its meeting on December 13, 2021, the Planning Commission voted (6-0) to recommend denial of the zoning change. For details on the background of this rezoning request and the existing conditions of the site itself, please refer to the accompanying memo on the proposed change in guided land use. Proposal The zoning request would change the designated zoning from Institutional (I-4) to High Density Residential (R-4). Required Process Support from the City Council for this proposal would also necessitate review and approval from the Metropolitan Council for the change in land use, requiring a delay in the final vote on the rezoning and the subdivision until the land use change was approved. Staff Review The City Code does not set specific standards for changing a zoning designation, and the City Council – with the input of the Planning Commission – has a great deal of latitude in deciding if the request is consistent with the broader zoning map for the city. In making a determination, the City should take into account the purpose of zoning as outlined in the City code, which is “to regulate land use within the City, City Council Regular Meeting Executive Summary City of Golden Valley January 4, 2022 2 including the location, size, use, and height of buildings, the arrangement of buildings on lots, and the density of population within the City for the purpose of promoting the health, safety, order, convenience, and general welfare of all citizens of the City.” (Sec. 113-2) This rezoning request seeks to change the site’s zoning from Institutional (I-4) to High Density Residential. The purpose statements for both districts follow: Institutional Zoning The purpose of the Institutional Zoning District is to establish areas where both public and private institutional uses such as schools, hospitals, parks, golf courses, nursing homes, and public buildings may be located. High Density Residential Zoning The purpose of the High Density Residential (R-4) Zoning District is to provide for high density housing (up to 50 units per acre for multifamily dwellings and up to 70 units per acre for senior and disability housing) along with directly related and complementary uses. Multifamily dwellings and senior and disability housing is permitted to a density of 100 units per acre with a conditional use permit. Allowed Uses The following principal uses are listed as permitted in the Institutional (I-4) Zoning District: 1. Golf courses, country clubs, and polo fields, excepting those carried on as a business such as miniature golf courses 2. Parks, playgrounds, City offices, fire stations, and other lands incidental to the operation of the City 3. Essential services, Class I In addition to these three uses, adult day care centers and child care centers are permitted by conditional use permit. In the High Density Residential Zoning District, allowed uses are multi-family buildings, senior and physical disability housing, foster family and group foster family homes, and residential facilities serving up to 25 persons. Additional density in multi-family and senior and disability housing (up to 100 units per acre) may be allowed through a conditional use permit, as well as structures in excess of five stories, residential facilities serving more than 25 persons, or retail sales, Class I or II restaurants, and professional offices on the ground floor when located along a minor arterial or major collector street. Compatibility Another important consideration is whether the rezoning would be compatible with surrounding uses. City Council Regular Meeting Executive Summary City of Golden Valley January 4, 2022 3 Zoning Map – existing conditions with pending change at 6300 OMH The site sits in the corner of a large parcel (the Country Club) zoned Institutional (I-4) and likely to remain as open space/golf course for many years. It is adjacent to another larger property zoned Office, though a recent proposal before the City Council is set to rezone the property to Light Industrial. Across Country Club Drive, immediately adjacent properties are also zoned Office. Single-family homes extend down Country Club Drive to the west towards the downtown and south to Olson Memorial Highway. The nearest multi-family development is on the far side of the railroad tracks to the north. A medium density development is located along Golden Valley Road and two new apartments are being planned for the corner of Golden Valley Road and Douglas Drive. As a zoning district, the current proposal would stand as an island among other uses. While the applicant has suggested the site would be convenient for seniors given the proximity to the downtown and transit options on Douglas Drive, the reality is that a walk to the closest portion of the downtown is roughly three quarters of a mile away and the bus service on Douglas and Olson Memorial is limited to stops every half hour during AM and PM rush hours (future Bus Rapid Transit may come to Olson Memorial Highway with a potential stop at Douglas Drive). There are no retail or service uses in the area that could become walkable destinations, and no public open spaces. The Luce Line Regional Trail does sit adjacent to the location along Country Club Drive. Setback Requirements and Height Restrictions. In the High Density Residential Zoning District, front yard setbacks for principal structures are 25 feet from the property line, similar to other zoning districts in the city. For this property, required side and rear yard setbacks would be 20 feet. Building height is limited to five stories or 60 feet, whichever is less, though a conditional use permit could allow the height to increase to six stories. City Council Regular Meeting Executive Summary City of Golden Valley January 4, 2022 4 Traffic As described in the land use memo, traffic associated with a multi-family building could vary depending on the type us facility and the number of units. The current proposal would be expected to generate a bit more than 250 new trips per day. Country Club Drive is able to handle this level of traffic, though adjacent properties would experience a noticeable increase. Staff Findings In order to provide support for the recommendation below, staff is offering the following findings of fact related to rezoning the proposed parcel to a High Density Residential (R-4) designation: 1. The City would benefit from the addition of affordable units that would be required as a result of a change in zoning. 2. The proposed use of this site for High Density Residential – and more specifically as a senior cooperative building – fits with a number of the goals and objectives of the Comprehensive Plan while potentially conflicting with others. 3. The site is currently in an area with a variety of zoning designations nearby, but none are as intense or allow for the extent of massing that could result here should the property be zoned for High Density Residential. 4. Instead of acting as a transition between different zoning designations (Single-Family Residential and Institutional (I-4)), the proposed designation could function as a barrier by inserting a more intense designation between two less intense designations. 5. A High Density Residential zoning designation has typically be located near a commercial node – providing access to retail and services – or on a major roadway with access to high frequency transit. The location being proposed lacks those qualities. 6. Though potential residents of a multi-family building would have views of the Golden Valley Country Club grounds, the site is private property and no public open space is nearby to allow for outdoor recreation (active or passive). 7. While Engineering staff have concluded that the amount of traffic generated by a senior use is able to be absorbed by Country Club Drive given its current traffic levels and its type of construction, the increase in trips would be felt by residents and businesses given the existing indirect access to Olson Memorial Highway. 8. A specific project has been proposed in association with the change in zoning, but there is no guarantee a more intense or impactful proposal would not emerge that would be allowed once a High Density Residential zoning district was established. Subsequent Considerations Given the significant revisions being offered by the applicant after the Planning Commission meeting, staff does not support a City Council vote on the proposal at this time. It has long been the City’s practice not to accept significant changes to a pending proposal in between the Planning Commission and City Council hearings. This assures that the plans that residents see at the Planning Commission (and at the Neighborhood Meeting) are the same ones that are considered by the Council. When changes are proposed by the applicant, the past recommendation from staff has been to ask the Council to return the item to the Planning Commission for re-evaluation in light of new information. Financial Or Budget Considerations None City Council Regular Meeting Executive Summary City of Golden Valley January 4, 2022 5 Recommended Action Motion to return the proposed zoning change to the Planning Commission for additional evaluation in light of revisions submitted by the applicant. Supporting Documents • Memo to the Planning Commission dated December 13, 2021 (4 pages) • Zoning Map (1 page) • Ordinance No.731, Rezoning the Southeast Corner of 7001 Golden Valley Road from Institutional - Parks and Natural Areas to High Density Residential (R-4) (3 pages)   1      Date:  December 13, 2021  To:  Golden Valley Planning Commission  From:  Jason Zimmerman, Planning Manager  Subject:  Informal Public Hearing – Zoning Map Amendment for a Portion of  7001 Golden Valley Road – Artessa   Summary of Request  Artessa Development, LLC, is proposing four planning actions to allow for the development of a  portion of the driving range owned by the Golden Valley Country Club. They are requesting a  change to the Future Land Use Map (from an Institutional use to High Density Residential use), a  change to the Zoning Map (from the Institutional (I‐4) Zoning District to the High Density  Residential (R‐4) Zoning District), a subdivision of the property to create a new lot of approximately  2.35 acres, and a Conditional Use Permit to allow for the construction of a sixth floor on the  proposed senior cooperative building.    Background and Existing Conditions  For details on the background of this rezoning request and the existing conditions of the site itself,  please refer to the accompanying memo on the proposed change in guided land use.     Proposal  The zoning request would change the designated zoning from Institutional (I‐4) to High Density  Residential (R‐4).    Required Process  Support from the Planning Commission and City Council for this proposal would also necessitate  review and approval from the Metropolitan Council for the change in land use, requiring a delay in  the final vote on the rezoning, the subdivision, and the Conditional Use Permit until the land use  change was approved.     Staff Review  The City Code does not set specific standards for changing a zoning designation, and the City  Council – with the input of the Planning Commission – has a great deal of latitude in deciding if the  request is consistent with the broader zoning map for the city. In making a determination, the City  should take into account the purpose of zoning as outlined in the City code, which is “to regulate      2    land use within the City, including the location, size, use, and height of buildings, the arrangement  of buildings on lots, and the density of population within the City for the purpose of promoting the  health, safety, order, convenience, and general welfare of all citizens of the City.” (Sec. 113‐2)    This rezoning request seeks to change the site’s zoning from Institutional (I‐4) to High Density  Residential. The purpose statements for both districts follow:    Institutional Zoning  The purpose of the Institutional Zoning District is to establish areas where both  public and private institutional uses such as schools, hospitals, parks, golf courses,  nursing homes, and public buildings may be located.    High Density Residential Zoning  The purpose of the High Density Residential (R‐4) Zoning District is to provide for  high density housing (up to 50 units per acre for multifamily dwellings and up to 70  units per acre for senior and disability housing) along with directly related and  complementary uses. Multifamily dwellings and senior and disability housing is  permitted to a density of 100 units per acre with a conditional use permit.    Allowed Uses  The following principal uses are listed as permitted in the Institutional (I‐4) Zoning District:  1. Golf courses, country clubs, and polo fields, excepting those carried on as a business such as  miniature golf courses  2. Parks, playgrounds, City offices, fire stations, and other lands incidental to the operation of  the City  3. Essential services, Class I    In addition to these three uses, adult day care centers and child care centers are permitted by  conditional use permit.     In the High Density Residential Zoning District, allowed uses are multi‐family buildings, senior and  physical disability housing, foster family and group foster family homes, and residential facilities  serving up to 25 persons. Additional density in multi‐family and senior and disability housing (up to  100 units per acre) may be allowed through a conditional use permit, as well as structures in excess  of five stories, residential facilities serving more than 25 persons, or retail sales, Class I or II  restaurants, and professional offices on the ground floor when located along a minor arterial or  major collector street.    Compatibility  Another important consideration is whether the rezoning would be compatible with surrounding  uses.          3      Zoning Map – existing conditions with pending change at 6300 OMH    The site sits in the corner of a large parcel (the Country Club) zoned Institutional (I‐4) and likely to  remain as open space/golf course for many years. It is adjacent to another larger property zoned  Office, though a recent proposal before the City Council is set to rezone the property to Light  Industrial. Across Country Club Drive, immediately adjacent properties are also zoned Office.  Single‐family homes extend down Country Club Drive to the west towards the downtown and south  to Olson Memorial Highway.    The nearest multi‐family development is on the far side of the railroad tracks to the north. A  medium density development is located along Golden Valley Road and two new apartments are  being planned for the corner of Golden Valley Road and Douglas Drive. As a zoning district, the  current proposal would stand as an island among other uses. While the applicant has suggested the  site would be convenient for seniors given the proximity to the downtown and transit options on  Douglas Drive, the reality is that a walk to the closest portion of the downtown is roughly three  quarters of a mile away and the bus service on Douglas and Olson Memorial is limited to stops  every half hour during AM and PM rush hours (future Bus Rapid Transit may come to Olson  Memorial Highway with a potential stop at Douglas Drive). There are no retail or service uses in the  area that could become walkable destinations, and no public open spaces.    Setback Requirements and Height Restrictions. In the High Density Residential Zoning District, front  yard setbacks for principal structures are 25 feet from the property line, similar to other zoning  districts in the city. For this property, required side and rear yard setbacks would be 20 feet.  Building height is limited to five stories or 60 feet, whichever is less, though the applicant is also  applying for a Conditional Use Permit to allow the height to increase to six stories.      4      Traffic  As described in the land use memo, traffic associated with a multi‐family building could vary  depending on the type us facility and the number of units. The current proposal would be expected  to generate a bit more than 300 new trips per day. Country Club Drive is able to handle this level of  traffic, though adjacent properties would experience a noticeable increase.    Staff Findings  In order to provide support for the recommendation below, staff is offering the following findings  of fact related to rezoning the proposed parcel to a High Density Residential (R‐4) designation:  1. The City would benefit from the addition of affordable units that would be required as a  result of a change in zoning.  2. The proposed use of this site for High Density Residential – and more specifically as a senior  cooperative building – fits with a number of the goals and objectives of the Comprehensive  Plan while potentially conflicting with others.  3. The site is currently in an area with a variety of zoning designations nearby, but none are as  intense or allow for the extent of massing that could result here should the property be  zoned for High Density Residential.  4. Instead of acting as a transition between different zoning designations (Single‐Family  Residential and Institutional (I‐4)), the proposed designation could function as a barrier by  inserting a more intense designation between two less intense designations.  5. A High Density Residential zoning designation has typically be located near a commercial  node – providing access to retail and services – or on a major roadway with access to high  frequency transit. The location being proposed lacks those qualities.  6. Though potential residents of a multi‐family building would have views of the Golden Valley  Country Club grounds, the site is private property and no public open space is nearby to  allow for outdoor recreation (active or passive).  7. While Engineering staff have concluded that the amount of traffic generated by a senior use  is able to be absorbed by Country Club Drive given its current traffic levels and its type of  construction, the increase in trips would be felt by residents and businesses given the  existing indirect access to Olson Memorial Highway.  8. A specific project has been proposed in association with the change in zoning, but there is  no guarantee a more intense or impactful proposal would not emerge that would be  allowed once a High Density Residential zoning district was established.    Recommended Action  Based on the findings above, staff recommends denial of the requested amendment to the Zoning  Map, changing the zoning designation for a portion of 7100 Golden Valley Road from Institutional  (I‐4) to High Density Residential (R‐4).    Attachments:  Zoning Map (1 page)    !!! !!! ! !!!! ! ! ! ! ! ! ! ! !!!!! ! !!! ! !!!!! ! ! ! !!! ! !!!!!!!! !!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! !!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! !!!!!!!!!!!!!!!! ! !!!!!!!!!!!!!!!! ! ! !!!!!!!!!!!! ! !! !!!! !!!!! ! ! !! ! ! ! ! ! ! ! !!!!! ! !!!!!!!!!!!!! !!!!! !!!! !!!! !!!!!!!!!!!!! ! ! !!!!!!M edi c i neLakeBranchIkePond Colonial Pond Ottawa Pond Glen-woodPond EgretPond LilacPond DuluthPond St.CroixPond Chicago Pond LilacPond Pond CTurners PondGlen 1 Pond DuckPond Loop EPond Loop FPond Sweeney LakeWirth LakeTwin LakeB a s s ett C re e k Hampshire Pond DecolaPond A NorthRicePond West RingPond Cortlawn Pond DecolaPonds B & C Westwood Lake SchaperPond SouthRicePond East RingPond Bassett CreekDecolaPondE DecolaPond F BreckPond NatchezPond MinnaquaPond WirthPond Toledo/AngeloPond HoneywellPond StrawberryPond DecolaPond D Bas s e tt Cr ee k BassettC r e e k Basset t Cr eekBassettC r e e k BassettC reekSweeney L akeBranchNW LoopPondBoone Avenue PondMain Stem Pond B Pond C Bassett Creek NatureArea Pond Medicine Lake BrookviewPond A Hidden LakesPond 1 Pond 2A Pond 2B Pond 3 Schaper BallfieldPond Pond O Pond J Spirit of Hope Church Pond GoldenRidgePond Golden Meadows Pond SoccerFieldPond WestPond 201GeneralMillsPond HaroldPond Medicine Lake Road Pond Xenia MitigationPond 10th AvePond SpringPond Briar-woodPond LaurelHills Pond JFB NWPond LogisPond BrownieLake BirchPond MinnaquaWetland GrimesPondBassett CreekPark Pond SweeneyLakeBranchPond M Pond F Pond DP ond E Dover HillPondLiberty BasinS w e e n e y L akeBranchBrookviewGolf Course LionsPark WesleyPark Sochacki Park SchaperPark ScheidParkHampshirePark MedleyPark Briarwood Laurel Avenue Greenbelt Glenview TerracePark North TyrolPark Western AvenueMarsh Nature Area GeartyPark Sandburg AthleticFacility NatchezPark ValleyView ParkPennsylvaniaWoods BassettCreekNature Area Wildw oodPark IsaacsonPark SouthTyrol Park SeemanPark AdelineNature Area YosemitePark StockmanPark Golden OaksPark St Cr oixPark LakeviewPark SweeneyPark Perpich CenterBall Fields Ronald B. 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Rd 156OregonAveS24th Ave N LilacDrNRoanokeRdLouisianaAveN Turnpike RdLilacLoop (Sunnyridge Ln)WisconsinAveN GettysburgCt(Laurel Pt) (Laure lCurv)Independence Ave NGettysburg Ave NFlag Ave NWheelerBlvdAlleyNaper St B e tty CrockerDr Decatur Ave N(WesleyCommonsDr)Winnetka Ave S Winnetka Ave SHanley RdBrookviewPkwySWayzataBlvd I-394 S Fron t a g e R d Olympia St Independence Ave NHillsboro Ave NGettysburg Ave NU n io n P acific Railroad Canadian Pacific Railroad B u rlin g to n N o rt h e r n Sant aFeRailroadCanadianPacificRailroadC anadianP acificR ailroadC anadia n P a c i f i c R ailroad U nion Pacific R a i l r o a d Breck School SandburgMiddle School Perpich Center for Arts Education MNDOT District Office & State Highway Patrol NobleElementarySchool CalvaryLutheranChurch Speak theWord Church 10th AvenueCold Storage School ofEngineeringand Arts GovernmentCenter &Fire Station #1 MeadowbrookElementarySchool King of GraceLutheranChurchand School Churchof St.MargaretMary Good ShepherdCatholic Church&Good ShepherdSchool GoldenValleyLutheranChurch Spirit ofHopeChurch Oak Grove Church HennepinCounty SheriffCommunications Hennepin CountyLibrary Fire Station#3 Valley Community Presbyterian Church ChristianLifeCenter UnityChristChurch RedeemerReformedChurch FireStation#2 Valley of PeaceLutheran Church Golden ValleyCemetery Golden ValleyHistoricalSociety BrookviewCommunityCenter Breck IceArena WaterReservoir U.S.Post Office Loveworks Academy forVisual & Performing Arts On FireMinistry C I T Y O F N E W H O P E 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 CRYSTALC I T Y O F N E W H O P E CITY OF PLYMOUTHCITY OF MINNEAPOLISC I T Y O FST. L O U I S P A R KCITY OFPLYMOUTH74 83 94 88 7 5 13 34 8 25 78 87 79 6 75 86 27 56 66 90 46 3365 71 6795 51 70 8163 53 22 93 91 76 84 3947 1-A 72 61 59 68 30-B 77 1-B 42 28 44 89 36 24 18-A 55 2658 95 26-A34 14 48 54 41 98 96 97 100 109 121 120 118 115117123 113 114 110 122 124 112 C C B B A A City of G old en Va lleyPlanning Department7800 Go lden Valley R oadGolden Valle y, MN 55 427-45 88763-593 -8095www.golde nvalleymn .go v Offi cial Zoning Map Zoning Districts I:\Maps\ZoningMap.pdf ORDINANCE NO. 271, 2N D SERIES This is to certify that this is the Official Zoning Map referred to in Section 11.11of the Zoning Chapter of the City Code of the City of Golden Valley. Appr oved Amend ments: Official Zoning Map Ordinance Number CommentsCity CouncilAdoption Date Visit the Planning Department a t City Ha ll fo r a list o f amend me nts appro ve d since a doption . Print Date: 10/12/2021Sources: Hennepin County Surveyors Office for Property Lines (2021). City of Golden Valley for all other layers. 0 800 1,600 2,400 3,200400Feet I Adopted this 22nd day of November 2002. 59 (C) (LI) Light (I) (I-3) M edical: Rest Ho mes, NursingHomes, S anitariums (I-4) G olf C ourses, P arks,Playgrounds, City Offices (I-5) (O ) Office (I-1) A ssem bly: C hurche s, S chools (I-2) C ivic: Libra ries, Museum s, Colleges Not Zoned Planned Unit Development (PU D) See the "Official Flood Zone Profile and Map" on file with the City - The collection of floodprofiles contained in the Flood Insurance Study, Volumes 1 of 2 and 2 of 2, Hennepin County, Minnesota, all jurisdictions, dated November 4, 2016, including the Flood Insurance R ate M apsfor the C ity of G olden Valley, panels 27053C0194F, 27053C0213F, 27053C0214F, 27053C0332F, 27053C0351F, 27053C0352F and 27053C0354F, dated Novem ber 4, 2016. Flood Pla in Managem ent Zoning Overlay D istrict I-394 O verlay Zoning District (A , B, & C) Shore land Overlay District See Section on Shoreland M anagem entfor setback distance from protected waters. A (R-1) Single-Fam ily Residential (R-4) High Density R esidential (R-3) M edium D ensity Residential (R-2) M oderate Density R esidential (M U-N ) Mixed U se N eighborhood (M U-C ) Mixed U se C omm unity (M U-E ) Mixed U se Em ploym ent ORDINANCE NO. 731 AN ORDINANCE AMENDING THE CITY CODE CHAPTER 113 Rezoning the Southeast Corner of 7001 Golden Valley Road from Institutional - Parks and Natural Areas to High Density Residential (R-4) Artessa Development, LLC, Applicant 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 from Institutional - Parks and Natural Areas to High Density Residential (R-4). Section 2. The tracts of land affected by this ordinance are legally described as: Lots 1 to 9, both inclusive, Block 1, Bitzer's Place, Hennepin County, Minnesota, according to the recorded plat thereof, Hennepin County, Minnesota. Together with all of Fred Place, and alleys except the West 25 feet thereof dedicated in the plat of Bitzer's Place, as vacated in Document No. 9061961. Lots 337 to 356, both inclusive, Belmont, according to the recorded plat thereof, Hennepin County, Minnesota. Commencing 258.08 feet East of the Southwest corner of the Southeast Quarter of the Northwest Quarter of Section 32, Township 118, North Range 21, West of the 5th Principal Meridian; thence North to the center of the Watertown Road, thence West along said road to a point 2 rods East of the West line of the Southeast Quarter of the Northwest Quarter, thence North to a point 2 rods East and 2 rods South of the North line of Section 32; thence East and parallel with the North line of Section 32, 78 rods to the center line of the section; thence South 78 rods to the quarter section line, thence East 80 rods to the Northeast corner of the Southwest Quarter of the Northeast Quarter of said Section; thence South to the Southeast corner of said Southwest Quarter of said Northeast Quarter; thence West along the center line of said Section to the point of beginning, Hennepin County, Minnesota. The following described land, to-wit: The West 3/4 of the Northwest Quarter of the Northeast Quarter of said Section 32, Township 118, Range 21, except however, the right of way of the Electric Short Line Railroad Company across the said land as described in a deed recorded in Book 670 of Deeds, Page 60; also except the land conveyed to the Electric Short Line Railroad Company by a deed recorded in Book 720 of Deeds, Page 640, and lying Northerly of Golden Valley Road, Hennepin County, Minnesota. The West 330 feet of the Southeast Quarter of the Northeast Quarter of Section 32, Township 118, Range 21, except that part thereof taken for the Electric Short Line Railroad right of way. Also that parcel of land described as follows: Commencing at the Northwest corner of the Northeast Quarter of the Southeast Quarter of Section 32, Township 118, Range 21; thence East along the center line of said Section, 330 feet; thence South and parallel with the West line of the Northeast Quarter of the Southeast Quarter, 47.5 feet to the Northerly line of the County Road as now laid out and opened; thence Northwesterly along the Northerly line of said County Road to the point of beginning, Hennepin County, Minnesota. North 2 rods of East 40 rods of Northeast Quarter of the Northwest Quarter of Section 32, Township 118, Range 21, Hennepin County, Minnesota. All that part of the East Quarter of the Northwest Quarter of the Northeast Quarter of Section 32, Township 118, Range 21, described as follows, to-wit: Beginning at a point in the center line of County Highway No. 6, commonly known as 19th Avenue North, where the center line of said road is intersected by the West line of the East Quarter of the Northwest Quarter of the Northeast Quarter of said Section 32, thence North along the West line of said East Quarter of Northwest Quarter of Northeast Quarter to a point 346.3 feet South of the North line of said Section, said point being the Southwest corner of that certain tract of land deeded by Fred H. Hanover to Aug. Jacob and Aug. Walz in Book 1173 of Deeds, Page 363; thence Northeasterly making an angle of 80 degrees to the right from said last described course along the Southerly line of said tract deeded to Aug. Jacob and Aug. Walz a distance of 60.97 feet to a point 60 feet due East of the West line of the East Quarter of the Northwest Quarter of Northeast Quarter; thence South parallel with and 60 feet due East of West line of East Quarter of Northwest Quarter of Northeast Quarter, a distance of 830 feet, more or less, to the center line of said County Highway No. 6; thence Southwesterly along the center line of said Highway to the point of beginning, Hennepin County, Minnesota. West Sixty (W 60) feet of that part of the East Quarter of the Northwest Quarter of the Northeast Quarter of Section 32, Township 118, North Range 21, West of the 5th Principal Meridian, Hennepin County, Minnesota described as follows: Beginning at the Northeast corner of the Northwest Quarter of the Northeast Quarter of Section 32; thence South along the East line of said Northwest Quarter of the Northeast Quarter of Section 32 a distance of 255.75 feet; thence Southwesterly making an angle of 48 degrees and 45 minutes to the right from said last described course a distance of 53.54 feet; thence Southwesterly making an angle of 25 degrees and 54 minutes to the right from said last described course a distance of 95.1 feet; thence Westerly a distance of 195.3 feet to a point in the West line of the East Quarter of Northwest Quarter of Northeast Quarter of said Section 32 said point being 346.3 feet South of the North line of said Section 32; thence North along the West line of said East Quarter of Northwest Quarter of Northeast Quarter to the North line of said Section; thence East along the North line of said Section 32 a distance of 327.05 feet to the point of beginning. Hennepin County, Minnesota Abstract Property and Torrens Property Section 3. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8 entitled “General Penalty; Continuing Violations” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect form and after its passage and publication as required by law. Adopted by the City Council this 4th day of January 2022. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Theresa J. Schyma Theresa J. Schyma, City Clerk Golden Valley City Council Meeting January 4, 2022 Agenda Item 4. B. 3. Public Hearing – Preliminary Plan for Subdivision for Artessa Senior Cooperative located on a Portion of 7001 Golden Valley Road Prepared By Jason Zimmerman, Planning Manager Summary Artessa Development, LLC, originally proposed four planning actions to allow for the development of a portion of the driving range owned by the Golden Valley Country Club. They requestied a change to the Future Land Use Map (from an Institutional use to High Density Residential use), a change to the Zoning Map (from the Institutional (I-4) Zoning District to the High Density Residential (R-4) Zoning District), a subdivision of the property to create a new lot of approximately 2.35 acres, and a conditional use permit to allow for the construction of a sixth floor on the proposed senior cooperative building. Subsequently, revised plans were submitted and the conditional use permit is no longer needed. At its meeting on December 13, 2021, the Planning Commission voted (6-0) to recommend approval of the subdivision. For details on the background of this subdivision request and the existing conditions of the site itself, please refer to the accompanying memo on the proposed change in guided land use. Proposal The proposed subdivision request would create a new 2.35 acre lot in the southeast corner of the existing Country Club parcel. Required Process Support from the City Council for this proposal would also necessitate review and approval from the Metropolitan Council for the change in land use, requiring a delay in the final vote on the rezoning and the subdivision until the land use change was approved. Staff Review Because the proposed subdivision is not part of a recorded plat or a recorded registered land survey, it does not qualify as a minor subdivision and therefore must proceed under the more general subdivision process identified in the City Code (Sec. 109). The applicant has submitted all of the information required City Council Regular Meeting Executive Summary City of Golden Valley January 4, 2022 2 to process the request, including a site survey of existing conditions, a tree inventory, and a preliminary plat (Artessa at Golden Valley). The proposed lot area is 2.35 acres. If the property were to be rezoned to High Density Residential (R-4), as proposed, the minimum lot area requirement of 20,000 square feet would be met. In addition, the minimum lot with of 150 feet at the front setback line would also be met. Therefore, the proposed subdivision would meet all dimensional requirements of the zoning district. In the R-4 district, the front yard setback is 25 feet and side and rear yard setbacks are 20 feet. Given the size of the proposed lot, there would be a sufficient building envelope for development. Current plans indicate a shared private roadway between the Golden Valley Country Club and future residents in order to access underground parking to the rear of the building. As is typical when shared arrangements are proposed, staff would require copies of any agreements to ensure maintenance and other responsibilities are adequately provided for. Consistent with the requirements of Sec. 109-167 of the City Code, the City may require a reasonable portion of the proposed subdivision to be dedicated to the public for public use as a park, playground, public open space, etc. Alternatively, a park dedication fee may be contributed in lieu of land. The City’s adopted fee schedule sets this rate at 6% of the current land value. This fee may only be used for future acquisition of land for other public use, development of existing park and playground sites, or debt retirement for land previously acquired for such public purposes. Necessary Transportation Improvements As identified in Chapter 4 of the City’s 2040 Comprehensive Plan, this area has been identified as a target location to provide a needed local street connection between Country Club Drive and the signalized intersection at Douglas Drive: Country Club Dr/Frontage Rd Extension As part of the Douglas Dr project, direct access from Country Club Dr to Douglas Dr north of Hwy 55 was eliminated as a safety improvement. The access was realigned to operate as a right-in/right-out between Country Club Dr and Hwy 55. To improve local street connectivity, it is desirable to extend Country Club Dr north to join the existing signalized intersection of Douglas Dr and the North Hwy 55 Frontage Rd east of Douglas Dr. This would require acquisition of right-of-way from the currently vacant site in the northwest quadrant of Hwy 55 and Douglas Dr. (Golden Valley 2040 Comprehensive Plan, Chapter 4: Transportation, pages 4-34 and 4-35) This also falls under one of the chapter’s listed implementation actions for Goal 2: Improve the Functionality and Safety of the Road Network: “Review redevelopment proposals for opportunities to implement roadway improvements, monitor traffic impacts, implement access management strategies, and resolve safety deficiencies.” (Golden Valley 2040 Comprehensive Plan, Chapter 4: Transportation, page 4-45) City Council Regular Meeting Executive Summary City of Golden Valley January 4, 2022 3 In discussions with the applicant and Country Club following the Planning Commission hearing, staff have determined that right-of-way to advance the planning of this future public road should not occur at this time, but should wait until future development takes place on the Golden Valley Country Club driving range in order to determine the best option for locating a segment that would align with the east/west segment being planned for 6300 Olson Memorial Highway. Additional Department Review Engineering staff have reviewed the preliminary plat and noted that the following questions or issues would need to be addressed as part of the permitting process: • The applicant is proposing to remove 20 mature oak trees (18 are legacy oaks) and potentially impacting more oaks with the access and retaining wall construction on east side. The applicant should try to preserve these trees before removing and stepping through mitigation options discussed in City code. Consider reducing or relocating the amount of surface parking and adjusting the site and grading plans. • The applicant must attempt to provide above-ground multi-benefit stormwater treatment, or provide documentation as to why that can’t be achieved. • Soil borings are needed in the exact locations where infiltration systems are proposed. • Pervious pavement systems are often placed under parking areas and other low travel and low vehicle weight areas to reduce sedimentation and chloride accumulation, maintenance/plowing issues, and ice/freeze conditions. How many trips will be generated over this system per day? Any large vehicles? Is this pervious pavers or porous asphalt pavement or other? These systems require regular maintenance with commercial vacuum equipment. A maintenance agreement would be needed. • City code requires applicant to minimize runoff to the maximum extent practicable. The applicant is steepening grades on the east side of the site and discharging and directing stormwater toward the adjacent property. What are the pre- and post-runoff rates at the point of discharge? Where is the EOF for the pervious paver system if the CB inlet is blocked and the street overtops? Is there the potential to work with the property owner to the east on an underground connection? Where does the neighbor’s CB inlet flow to? • BCWMC plan review and approval is required. The Fire Department has also reviewed the application and has indicated that during permitting the applicant would need to confirm the maneuverability of ladder trucks through the front circle as well as the “T” at the rear of the building. Review by Three Rivers Park District was provided given the adjacency of their rights-of-way to this property. Minor comments related to construction as it may impact the Luce Line Regional Trail were provided to staff. Evaluation of Preliminary Plat According to Section 109-67 of the City Code, the following are the regulations governing approval of preliminary plats for subdivisions: Factor/Finding City Council Regular Meeting Executive Summary City of Golden Valley January 4, 2022 4 1. The Council may require changes or revisions as it deems necessary for the health, safety, general welfare, and convenience of the City. Standard met. There is no need for the dedication of additional right-of-way at this time. 2. The approval of a preliminary plat is tentative only, involving only the general acceptability of the layout as submitted. Standard met. Staff have reviewed the layout and find it to be generally acceptable. 3. Prior to approval of the preliminary plat by the Council, the engineering proposals pertaining to water supply, storm drainage, sanitary sewer service, roadway widths, traffic impacts, and the surfacing of streets shall be approved by the City engineer and other public officials having jurisdiction. Standard conditionally met. While the specifics of the site design remain to be fully developed as part of the submittals for the potential site development, there are no known issues related to water supply, storm drainage, or sanitary sewer service. Increases in traffic created by this proposal, while impacting adjacent properties, would not rise to the level of concern with respect to congestion or roadway condition. Staff are requiring copies of shared access agreements with the Golden Valley Country Club for review. 4. No plat shall be approved for a subdivision which covers an area subject to periodic flooding or which contains extremely poor drainage facilities and which would make adequate drainage of the streets and lots difficult or impossible, unless the subdivider agrees to make improvements which will, in the opinion of the City Engineer, make the area completely safe for occupancy and provide adequate street and lot drainage. Standard met. The City Engineer has determined that the site should drain adequately. 5. No plat shall be approved for a subdivision that does not meet the requirements specified in this chapter. Standard met. Subsequent Considerations Given the significant revisions being offered by the applicant after the Planning Commission meeting, staff does not support a City Council vote on the proposal at this time. It has long been the City’s practice not to accept significant changes to a pending proposal in between the Planning Commission and City Council hearings. This assures that the plans that residents see at the Planning Commission (and at the Neighborhood Meeting) are the same ones that are considered by the Council. When changes are proposed by the applicant, the past recommendation from staff has been to ask the Council to return the item to the Planning Commission for re-evaluation in light of new information. Recommended Action Motion to return the proposed subdivision to the Planning Commission for additional evaluation in light of revisions submitted by the applicant. City Council Regular Meeting Executive Summary City of Golden Valley January 4, 2022 5 Based on the findings above, at the appropriate time staff will recommend approval of the proposed Preliminary Plan for Subdivision for a portion of 7100 Golden Valley Road (Artessa at Golden Valley) subject to the following conditions: 1. The applicant shall include on the final plat the dedication of all drainage and utility easements deemed necessary to meet City Code requirements. 2. A park dedication fee equal to 6% of the land value shall be paid prior to the release of the final plat. 3. The applicant shall provide copies of the shared use access easements/agreements over the Golden Valley Country Club property for vehicle trips associated with the development onto Country Club Drive and Golden Valley Road for review by the City. 4. The City Attorney will determine if a title review is necessary prior to approval of the final plat. Supporting Documents • Memo to the Planning Commission dated December 13, 2021 (5 pages) • Revised Floor Plans dated December 20, 2021 (7 pages) • Revised Building Elevations dated December 28, 2021 (3 pages) • Revised Perspectives dated December 23, 2021 (9 pages)   1      Date:  December 13, 2021  To:  Golden Valley Planning Commission  From:  Jason Zimmerman, Planning Manager  Subject:  Informal Public Hearing – Preliminary Plan for Subdivision of a Portion of 7001  Golden Valley Road – Artessa   Summary of Request  Artessa Development, LLC, is proposing four planning actions to allow for the development of a  portion of the driving range owned by the Golden Valley Country Club. They are requesting a  change to the Future Land Use Map (from an Institutional use to High Density Residential use), a  change to the Zoning Map (from the Institutional (I‐4) Zoning District to the High Density  Residential (R‐4) Zoning District), a subdivision of the property to create a new lot of approximately  2.35 acres, and a Conditional Use Permit to allow for the construction of a sixth floor on the  proposed senior cooperative building.    Background and Existing Conditions  For details on the background of this subdivision request and the existing conditions of the site  itself, please refer to the accompanying memo on the proposed change in guided land use.     Proposal  The proposed subdivision request would create a new 2.35 acre lot in the southeast corner of the  existing Country Club parcel.    Required Process  Support from the Planning Commission and City Council for this proposal would also necessitate  review and approval from the Metropolitan Council for the change in land use, requiring a delay in  the final vote on the rezoning, the subdivision, and the Conditional Use Permit until the land use  change was approved.     Staff Review  Because the proposed subdivision is not part of a recorded plat or a recorded registered land  survey, it does not qualify as a minor subdivision and therefore must proceed under the more  general subdivision process identified in the City Code (Sec. 109). The applicant has submitted all of      2    the information required to process the request, including a site survey of existing conditions, a  tree inventory, and a preliminary plat (Artessa at Golden Valley).    The proposed lot area is 2.35 acres. If the property were to be rezoned to High Density Residential  (R‐4), as proposed, the minimum lot area requirement of 20,000 square feet would be met. In  addition, the minimum lot with of 150 feet at the front setback line would also be met. Therefore,  the proposed subdivision would meet all dimensional requirements of the zoning district.    In the R‐4 district, the front yard setback is 25 feet and side and rear yard setbacks are 20 feet.  Given the size of the proposed lot, there would be a sufficient building envelope for development.    Current plans indicate a shared private roadway between the Golden Valley Country Club and  future residents in order to access underground parking to the rear of the building. As is typical  when shared arrangements are proposed, staff will require copies of any agreements to ensure  maintenance and other responsibilities are adequately provided for.    Consistent with the requirements of Sec. 109‐167 of the City Code, the City may require a  reasonable portion of the proposed subdivision to be dedicated to the public for public use as a  park, playground, public open space, etc. Alternatively, a park dedication fee may be contributed in  lieu of land. The City’s adopted fee schedule sets this rate at 6% of the current land value. This fee  may only be used for future acquisition of land for other public use, development of existing park  and playground sites, or debt retirement for land previously acquired for such public purposes.    Necessary Transportation Improvements  As identified in Chapter 4 of the City’s 2040 Comprehensive Plan, this area has been identified as a  target location to provide a needed local street connection between Country Club Drive and the  signalized intersection at Douglas Drive:    Country Club Dr/Frontage Rd Extension  As part of the Douglas Dr project, direct access from Country Club Dr to Douglas Dr  north of Hwy 55 was eliminated as a safety improvement. The access was realigned to  operate as a right‐in/right‐out between Country Club Dr and Hwy 55. To improve local  street connectivity, it is desirable to extend Country Club Dr north to join the existing  signalized intersection of Douglas Dr and the North Hwy 55 Frontage Rd east of Douglas  Dr. This would require acquisition of right‐of‐way from the currently vacant site in the  northwest quadrant of Hwy 55 and Douglas Dr. (Golden Valley 2040 Comprehensive  Plan, Chapter 4: Transportation, pages 4‐34 and 4‐35)    This also falls under one of the chapter’s listed implementation actions for Goal 2: Improve the  Functionality and Safety of the Road Network:    “Review redevelopment proposals for opportunities to implement roadway  improvements, monitor traffic impacts, implement access management strategies, and      3    resolve safety deficiencies.” (Golden Valley 2040 Comprehensive Plan, Chapter 4:  Transportation, page 4‐45)    In light of this, Engineering staff have identified the need for right‐of‐way adjacent to this site to be  dedicated in order to provide land for construction of a future public road. Staff considered various  layouts and alternatives, but determined that best option for locating this right‐of‐way is a  north/south segment that would eventually align with an east/west segment being planned for  6300 Olson Memorial Highway.     While no timing or funding for this road have been identified in the City’s 10 year Capital  Improvement Program, staff believes the proposed subdivision provides an opportunity to position  the City to complete this missing piece in the transportation network.    Dedication of land for this future roadway is included as a condition of approval for the final plat.    Given concerns from residents about the limited access to Olson Memorial Highway from this site,  should the subdivision be approved there may be reason to explore the feasibility of a connection  from this location to Douglas Drive on an accelerated timeline. Otherwise, additional analysis of  future proposed developments in the area, such as within the Golden Valley Country Club driving  range, will be needed to determine if the impacts rise to a level that requires completion of the  frontage road.    Additional Department Review  Engineering staff have reviewed the preliminary plat and, in addition to their comments on the  need for right‐of‐way, noted that the following questions or issues would need to be addressed as  part of the permitting process:  • The applicant is proposing to remove 20 mature oak trees (18 are legacy oaks) and  potentially impacting more oaks with the access and retaining wall construction on east  side. The applicant should try to preserve these trees before removing and stepping  through mitigation options discussed in City code. Consider reducing or relocating the  amount of surface parking and adjusting the site and grading plans.  • The applicant must attempt to provide above‐ground multi‐benefit stormwater treatment,  or provide documentation as to why that can’t be achieved.  • Soil borings are needed in the exact locations where infiltration systems are proposed.  • Pervious pavement systems are often placed under parking areas and other low travel and  low vehicle weight areas to reduce sedimentation and chloride accumulation,  maintenance/plowing issues, and ice/freeze conditions. How many trips will be generated  over this system per day? Any large vehicles? Is this pervious pavers or porous asphalt  pavement or other? These systems require regular maintenance with commercial vacuum  equipment. A maintenance agreement would be needed.  • City code requires applicant to minimize runoff to the maximum extent practicable. The  applicant is steepening grades on the east side of the site and discharging and directing  stormwater toward the adjacent property. What are the pre‐ and post‐runoff rates at the  point of discharge? Where is the EOF for the pervious paver system if the CB inlet is blocked      4    and the street overtops? Is there the potential to work with the property owner to the east  on an underground connection? Where does the neighbor’s CB inlet flow to?   • BCWMC plan review and approval is required.    The Fire Department has also reviewed the application and supports the dedication of land  adjacent to the site for a future right‐of‐way in order to improve public safety response times. In  addition, during permitting the applicant will need to confirm the maneuverability of ladder trucks  through the front circle as well as the “T” at the rear of the building.    Review by Three Rivers Park District was provided given the adjacency of their rights‐of‐way to this  property. Minor comments related to construction as it may impact the Luce Line Regional Trail  were provided to staff.    Evaluation of Preliminary Plat  According to Section 109‐67 of the City Code, the following are the regulations governing approval of  preliminary plats for subdivisions:    Factor/Finding  1. The Council may require changes or revisions as it deems necessary for the health, safety,  general welfare, and convenience of the City.  Standard conditionally met. In order to advance the long‐term transportation network concept  included in the 2040 Comprehensive Plan, land must be dedicated for a future public road and  included on the final plat.  2. The approval of a preliminary plat is tentative only, involving only the general acceptability  of the layout as submitted.  Standard met. Staff have reviewed the layout and find it to be generally acceptable.  3. Prior to approval of the preliminary plat by the Council, the engineering proposals  pertaining to water supply, storm drainage, sanitary sewer service, roadway widths, traffic  impacts, and the surfacing of streets shall be approved by the City engineer and other public  officials having jurisdiction.  Standard conditionally met. While the specifics of the site design remain to be fully developed  as part of the submittals for the potential site development, there are no known issues related  to water supply, storm drainage, or sanitary sewer service. Increases in traffic created by this  proposal, while impacting adjacent properties, would not rise to the level of concern with  respect to congestion or roadway condition. Staff are requiring copies of shard access  agreements with the Golden Valley Country Club for review.  4. No plat shall be approved for a subdivision which covers an area subject to periodic  flooding or which contains extremely poor drainage facilities and which would make  adequate drainage of the streets and lots difficult or impossible, unless the subdivider agrees      5    to make improvements which will, in the opinion of the City Engineer, make the area  completely safe for occupancy and provide adequate street and lot drainage.  Standard met. The City Engineer has determined that the site should drain adequately.  5. No plat shall be approved for a subdivision that does not meet the requirements specified  in this chapter.  Standard met.    Recommended Action  Based on the findings above, staff recommends approval of the proposed preliminary plat for a  portion of 7100 Golden Valley Road (Artessa at Golden Valley) subject to the following conditions:  1. The applicant shall work with staff to dedicate land adjacent to the site sufficient to provide  right‐of‐way for a future public road.  2. The applicant shall include on the final plat the dedication of all drainage and utility easements  deemed necessary to meet City Code requirements.  3. A park dedication fee equal to 6% of the land value shall be paid prior to the release of the final  plat.  4. The applicant shall provide copies of the shared use access easements/agreements over the  Golden Valley Country Club property for vehicle trips associated with the development onto  Country Club Drive and Golden Valley Road for review by the City.  5. The City Attorney will determine if a title review is necessary prior to approval of the final plat.    WELLNESS CENTER 1,600 SQ FT. 34,366 SQ FT UPUPPARKING - 61 CARS CHARGING STATION 97,025 S Q F T = 2. 2 3 A C R E S 19,770 S Q F T = 0. 4 5 A C R E S 96,900 SQ FT = 2 .224 ACRES UP 20 10 20 20 4 25 4 Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.UPNGOLDEN VALLEY - PARKING LEVEL B2 PLAN SCALE: 1/16" = 1'-0" PROJECT NUMBER 21024 DATE SHEET NUMBER SHEET TITLE CONSULTANTS REVISIONS 20 JULY 2021 NUMBER DATE DESCRIPTION COUNTRY CLUB DRIVE, GOLDEN VALLEY, MN 55427ARTESSA COOPERATIVEat GOLDEN VALLEY3801 River Ridge Drive NE, Cedar Rapids, IA 52402319.393.9334https://emergentarch.comB2.0 PARKING LEVEL B2 34,366 SQ FT UPDNUPDNPARKING - 56 CARS MAKERS SPACE CHARGING STATION UP Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.WELLNESS CENTER 1,600 SQ FT.NGOLDEN VALLEY - PARKING LEVEL B1 PLAN SCALE: 1/16" = 1'-0" PROJECT NUMBER 21024 DATE SHEET NUMBER SHEET TITLE CONSULTANTS REVISIONS 20 JULY 2021 NUMBER DATE DESCRIPTION COUNTRY CLUB DRIVE, GOLDEN VALLEY, MN 55427ARTESSA COOPERATIVEat GOLDEN VALLEY3801 River Ridge Drive NE, Cedar Rapids, IA 52402319.393.9334https://emergentarch.comB1.0 PARKING LEVEL B1 Unit D11,714 SQ FT.32,074 SQ FT UPDNUPDNPARKING - 34 CARSOWNER STORAGE450 SQ FT.OWNER STORAGE1100 SQ FT.97,025 S Q F T = 2. 2 3 A C R E S 19,770 S Q F T = 0. 4 5 A C R E S 96,900 SQ FT = 2 .224 ACRES ELEVA T I O N 9 1 2. 6 6' ELEVATI O N 9 2 4' ELEVAT I O N 9 1 2' ELEVATI O N 9 0 2' ELEVA T I O N 8 9 8' ELEVA T I O N 9 0 1 . 3 3' ELEVAT I O N 9 1 8' ELEVA TI O N 9 2 2' ELEVATI O N 9 1 5' ELEVATI O N 9 1 7' ELEVATI O N 9 1 6' ELEVATI O N 9 2 3' ELEVATI O N 9 2 3' ELEVATI O N 9 1 8' ELEVA TI O N 9 2 0' ELEVAT I O N 9 2 1' ELEVAT I O N 9 2 8' ELEVATI O N 9 1 3' 17'-0" ELEVA TI O N 9 1 6' ELEVA TI O N 9 1 7' ELEVAT I O N 9 1 8' 10'-0" 10'-0" 10'-0" ELEVATI O N 9 2 0' 17'-0" ELEVAT I O N 9 1 9' 10'-0" ELEVATI O N 9 1 1' 17'-0" ELEVATI O N 9 0 3' ELEVA TI O N 9 0 5' ELEVA T I O N 9 0 6' ELEVATI O N 9 0 7' 10'-0" 10'-0" 10'-0" ELEVATI O N 9 1 0' 10'-0" 10'-0" 16'-6" ELEVAT I O N 9 0 1' 16'-0" ELEVATI O N 8 9 9' 17'-0" ELEVA TI O N 8 9 9' ELEVAT I O N 9 0 0'13'-6" 13'-6" 13'-6" ELEVATI O N 9 1 6 . 5' ELEVATI O N 9 1 7' WALL 9 1 6' ELEVATI O N 9 1 0 . 6 6' ELEVA TI O N 9 0 9' ELEVA TI O N 9 0 7' ELEVA TI O N 9 0 5' ELEVAT I O N 9 0 4' ELEVATI O N 9 0 8' ELEVATI O N 9 0 6' ELEVATI O N 9 0 3' ELEVAT I O N 9 0 2' ELEVATI O N 9 0 1' ELEVATI O N 9 0 0' ELEVATI O N 9 2 1' ELEVATI O N 9 2 1' ELEVA TI O N 9 2 0' ELEVATI O N 9 2 0' ELEVATI O N 9 2 1' ELEVAT I O N 9 1 9' ELEVATI O N 9 1 7' ELEVATI O N 9 1 6' WALL 9 1 6' 60'-0" ELEVATI O N 9 1 5' ELEVAT I O N 9 1 4' 10'-0" 10'-0" ELEVA TI O N 9 0 8' 10'-0" ELEVATI O N 9 0 4' 10'-0" ELEVAT I O N 9 2 9' ELEVATI O N 9 2 1' ELEVAT I O N 9 2 2' ELEVATI O N 9 2 3' ELEVATI O N 9 2 4' ELEVA T I O N 9 2 5' ELEVATI O N 9 2 6' ELEVATI O N 9 2 7' ELEVATI O N 9 2 8' GUEST SUITE 642 SQ FT. CONCIERGE 696 SQ FT.Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.Unit A1 1,666 SQ FT. Unit A1 1,666 SQ FT.Unit C11,360 SQ FT.Unit C3 1,422 SQ FT. Unit C2 1,532 SQ FT.Unit B11,120 SQ FT.COMMON SPACE6,756 SQ FT.UP DN COMMON SPACE 1,120 SQ FT.GUEST SUITE570 SQ FT.Unit B.41,668 SQ FT.NGOLDEN VALLEY - FIRST FLOOR PLAN SCALE: 1/16" = 1'-0" PROJECT NUMBER 21024 DATE SHEET NUMBER SHEET TITLE CONSULTANTS REVISIONS 20 JULY 2021 NUMBER DATE DESCRIPTION COUNTRY CLUB DRIVE, GOLDEN VALLEY, MN 55427ARTESSA COOPERATIVEat GOLDEN VALLEY3801 River Ridge Drive NE, Cedar Rapids, IA 52402319.393.9334https://emergentarch.comA1.0 FIRST FLOOR PLAN Unit D11,714 SQ FT.32,074 SQ FT Unit B11,120 SQ FT.Unit B11,120 SQ FT.Unit D11,714 SQ FT.UPDNUPDNOWNER STORAGE450 SQ FT.OWNER STORAGE1100 SQ FT.Unit D41,668 SQ FT.97,025 S Q F T = 2. 2 3 A C R E S 19,770 S Q F T = 0. 4 5 A C R E S 96,900 SQ FT = 2 .224 ACRES UP DN COMMON SPACE 1,174 SQ FT. DWUnit D21,796 SQ FT.Unit C1 1,360 SQ FT.Unit C11,360 SQ FT.Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.Unit C3 1,422 SQ FT. Unit C2 1,532 SQ FT. Unit A1 1,666 SQ FT. Unit A1 1,666 SQ FT.NGOLDEN VALLEY - SECOND LEVEL FLOOR PLAN SCALE: 1/16" = 1'-0" PROJECT NUMBER 21024 DATE SHEET NUMBER SHEET TITLE CONSULTANTS REVISIONS 20 JULY 2021 NUMBER DATE DESCRIPTION COUNTRY CLUB DRIVE, GOLDEN VALLEY, MN 55427ARTESSA COOPERATIVEat GOLDEN VALLEY3801 River Ridge Drive NE, Cedar Rapids, IA 52402319.393.9334https://emergentarch.comA1.1 SECOND FLOOR PLAN Unit D11,714 SQ FT.Unit B11,120 SQ FT.Unit B11,120 SQ FT.Unit D11,714 SQ FT.UPDNUPDNUP DN UNIT B2 1,302 SQ FT. Unit A1 1,666 SQ FT.Unit A11,666 SQ FT.OWNER STORAGE450 SQ FT.OWNER STORAGE1100 SQ FT.Unit D41,668 SQ FT.Unit D21,796 SQ FT.Unit C11,360 SQ FT.Unit C1 1,360 SQ FT.Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.Unit C3 1,422 SQ FT. Unit C2 1,532 SQ FT.Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.32,074 SQ FT NGOLDEN VALLEY - THIRD FLOOR PLAN SCALE: 1/16" = 1'-0" PROJECT NUMBER 21024 DATE SHEET NUMBER SHEET TITLE CONSULTANTS REVISIONS 20 JULY 2021 NUMBER DATE DESCRIPTION COUNTRY CLUB DRIVE, GOLDEN VALLEY, MN 55427ARTESSA COOPERATIVEat GOLDEN VALLEY3801 River Ridge Drive NE, Cedar Rapids, IA 52402319.393.9334https://emergentarch.comA1.2 THIRD FLOOR PLAN Unit D11,714 SQ FT.30,458 SQ FT Unit B11,120 SQ FT.Unit B11,120 SQ FT.Unit D11,714 SQ FT.UPDNUPDNUP DN UNIT B2 1,302 SQ FT. Unit A1 1,666 SQ FT.Unit A11,666 SQ FT.OWNER STORAGE450 SQ FT.OWNER STORAGE1100 SQ FT.Unit D41,668 SQ FT.Unit D21,796 SQ FT.Unit C11,360 SQ FT.Unit C1 1,360 SQ FT.Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.Unit C3 1,422 SQ FT. Unit C2 1,532 SQ FT.Unit A31,698 SQ FT.NGOLDEN VALLEY - FOURTH FLOOR PLAN SCALE: 1/16" = 1'-0" PROJECT NUMBER 21024 DATE SHEET NUMBER SHEET TITLE CONSULTANTS REVISIONS 20 JULY 2021 NUMBER DATE DESCRIPTION COUNTRY CLUB DRIVE, GOLDEN VALLEY, MN 55427ARTESSA COOPERATIVEat GOLDEN VALLEY3801 River Ridge Drive NE, Cedar Rapids, IA 52402319.393.9334https://emergentarch.comA1.3 FOURTH FLOOR PLAN 23,350 SQ FT Unit B11,120 SQ FT.Unit D11,714 SQ FT.UPDNOWNER STORAGE450 SQ FT.OWNER STORAGE1100 SQ FT.Unit D41,668 SQ FT.Unit C1 1,360 SQ FT.Unit A2.11,600 SQ FT.Unit A2.11,600 SQ FT.Unit C3 1,422 SQ FT. Unit C2 1,532 SQ FT.UP DN Unit A3 1,698 SQ FT. 97,025 S Q F T = 2. 2 3 A C R E S 19,770 S Q F T = 0. 4 5 A C R E S 96,900 SQ FT = 2 .224 ACRESUnit D21,796 SQ FT.Unit A31,698 SQ FT.114'-3"119'-10316"GUEST SUITE530 SQ FT.NGOLDEN VALLEY - FIFTH FLOOR PLAN SCALE: 1/16" = 1'-0" PROJECT NUMBER 21024 DATE SHEET NUMBER SHEET TITLE CONSULTANTS REVISIONS 20 JULY 2021 NUMBER DATE DESCRIPTION COUNTRY CLUB DRIVE, GOLDEN VALLEY, MN 55427ARTESSA COOPERATIVEat GOLDEN VALLEY3801 River Ridge Drive NE, Cedar Rapids, IA 52402319.393.9334https://emergentarch.com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olden Valley City Council Meeting January 4, 2022 Agenda Item 4. B. 4. Public Hearing – Conditional Use Permit No. 172 to Allow for Additional Height on a Building located on a Portion of 7001 Golden Valley Road Prepared By Jason Zimmerman, Planning Manager Summary Artessa Development, LLC, originally proposed four planning actions to allow for the development of a portion of the driving range owned by the Golden Valley Country Club. They requested a change to the Future Land Use Map (from an Institutional use to High Density Residential use), a change to the Zoning Map (from the Institutional (I-4) Zoning District to the High Density Residential (R-4) Zoning District), a subdivision of the property to create a new lot of approximately 2.35 acres, and a Conditional Use Permit to allow for the construction of a sixth floor on the proposed senior cooperative building. Subsequently, revised plans were submitted and the conditional use permit is no longer needed. At its meeting on December 13, 2021, the Planning Commission voted (6-0) to recommend denial of the conditional use permit. Recommended Action The applicant has modified the proposal and reduced the height of the building. A conditional use permit is no longer required and the application has been withdrawn. No action is needed by the City Council. Supporting Documents • Email dated December 18, 2021, requesting withdrawal (1 page) December 28, 2021 Good Evening Jason, Please consider this email as Artessa Development, LLC’s formal withdrawal to our previously submitted Conditional Use Permit Application related to the Artessa Golden Valley project/site. Based on public feedback, discussions with both City Staff and representatives of the Golden Valley Country Club, and significant modifications to the project, we are no longer seeking a 6th floor or a height that would otherwise be in excess of the R-4 High Density Residential bulk regulations. Thank you! Best, Ben Landhauser AICP Executive Vice President Main 612.875.2443 Direct 612.875.1618 ben@thislifestyle.com Written Communications Received In Support of Artessa Senior Cooperative Project located on a Portion of 7001 Golden Valley Road December 29, 2021 1014154\309432838.v3 December 8, 2021 Mayor Shep Harris (sharris@goldenvalleymn.gov) Councilmember Larry Fonnest (lfonnest@goldenvalleymn.gov) Councilmember Maurice Harris (mharris@goldenvalleymn.gov) Councilmember Gillian Rosenquist (grosenquist@goldenvalleymn.gov) Councilmember Kimberly Sanberg (ksanberg@goldenvalleymn.gov) City of Golden Valley Golden Valley, Minnesota 55422 VIA EMAIL Re: Applications of Artessa Development, LLC (“Applicant”) – Future Land Use Amendment, Zoning Map Amendment, Conditional Use Permit and Subdivision for Southeastern Corner of 7001 Golden Valley Road (the “Application”)1 Ladies and Gentlemen: Golden Valley Country Club (“GVCC”), the owner of the property described above, writes in support of the Applications. GVCC AND ITS MEMBERS AND EMPLOYEES ARE INTEGRAL TO THE CITY Sitting on approximately 150 acres, GVCC is the largest private landowner in its namesake, the City of Golden Valley. GVCC provides dining, golf, and other social and sporting activities to its members and has served as a community resource and centerpiece of the City of Golden Valley for over 106 years. GVCC is also one of the City’s most significant employers, providing employment to approximately 175 fulltime and seasonal staff, many of whom are also residents of the City. More than two hundred GVCC members live in Golden Valley, nearly one half of GVCC’s total membership. A significant number of GVCC’s members also run businesses or work in Golden Valley. GVCC’s membership has grown substantially over the last four years and now includes a high percentage of young local families, many of whom reside in the City. GVCC IS AN ACTIVE COMMUNITY PARTICIPANT GVCC has a history of supporting the City of Golden Valley and its local organizations. For many years, GVCC has hosted events for a number of local organizations, such as the Golden Valley Rotary Club, the Golden Valley Optimist Club, and local schools and churches. GVCC participates in many community events, ranging from Golden Valley Taste and Tour to Golden Valley Pride Festival. GVCC frequently donates its memberships, facilities, services, and funds to support all of these activities. GVCC supports one of Minnesota’s finest caddie programs. This program gives young people, approximately 50 girls and boys annually, the opportunity to earn money and gain 1 GVCC requests that this letter be placed in the official record of the proceedings regarding the Application s. December 8, 2021 Page 2 1014154\309432838.v3 valuable life skills – starting at the age of twelve. GVCC supports the Evans Scholars Program which helps deserving young caddies who are high achievers with limited financial means attend the University of Minnesota – with full tuition and housing paid. There have been forty-nine Evans Scholars alumni who caddied at GVCC and currently eight scholars who caddied at GVCC are attending this academic year. A great number of GVCC’s Evans Scholars are from Golden Valley and many have returned to the City after college. GVCC IS A STEWARD OF THE ENVIRONMENT GVCC is committed to the environment. GVCC has approximately 135 acres of open space. GVCC’s property provides food, water and habitat for many types of wildlife. GVCC plants and maintains blooming annuals, perennials and shrubs, which provide food and habitat for honey bees, butterflies and hummingbirds. GVCC collaborates with the Bluebird Society to maintain birdhouses across its property. GVCC has converted significant areas of its property to naturalized areas. GVCC embraces Bassett Creek, which winds though the property, maintaining a chemical and fertilizer-free buffer zone along the entire perimeter of the Creek. GVCC maintains the 1800+ trees on its property. In addition, GVCC’s staff works closely with the City Forester to identify and promptly remove any diseased trees. THE CITY ASSISTED WITH THE DEVELOPMENT PLAN In consultation with City Staff, approximately two years ago GVCC identified a very small portion of its property (approximately 2.25 out of its approximately 150 acres) located along Country Club Drive which was not critical to its current or future use (the “Vacant Parcel”). GVCC marketed the Vacant Parcel to a select group of premier multi-family home developers. After extensive evaluation, and again in consultation with the City Staff, GVCC selected Applicant. GVCC and Applicant recently entered into a Purchase Agreement for GVCC to sell the Vacant Parcel to Applicant. The Purchase Agreement requires Applicant to develop the Vacant Parcel in accordance with the attached Site Plan once Applicant receives the necessary approvals from the City. The Site Plan was developed with extensive input from City Staff. The Site Plan provides for the construction of ninety-seven (97) cooperative homes in a six (6) story building with ample underground parking for vehicles and bicycles, with a single entrance on Country Club Drive and with connections to the adjacent Luce Line Trail. Cooperative homes in the development are intended for purchase by owners 62 years of age or older. The Purchase Agreement requires that ten (10) of the homes comply with the City’s Mixed-Income Housing Policy and that the development meet the strict architectural guidelines and development standards of GVCC. THE DEVELOPMENT PLAN HAS NEIGHBORHOOD SUPPORT On December 2, a meeting of the residents of the neighborhood was held at City Hall. The meeting was well attended by neighbors and a number of other City residents. The Applicant answered all of the questions posed to it. The development plan received broad support at the meeting. December 8, 2021 Page 3 1014154\309432838.v3 THE CITY WILL BENEFIT FROM THE DEVELOPMENT The benefits of the development to the City of Golden Valley are significant. The development will continue to improve the immediate neighborhood with ninety-seven (97) new cooperative homes. The development will bring new families to the City, each of whom will own their own cooperative home. It will also allow existing residents of the City to transition to this type of home and remain in Golden Valley rather than to relocate elsewhere. Ten (10) of those cooperative homes will be made available for purchase at values consistent with 80% of adjusted median income levels so they align with the City’s Mixed-Income Housing Policy. The development will be limited to owners 62 years of age or older. These factors all meet the goals and objectives of the City’s 2040 Comprehensive Plan to provide home ownership opportunities, senior housing and affordable homes along the Luce Line Trail and within walking distance to high frequency transit service at Douglas Drive and Highway 55 and to downtown Golden Valley. The sale will result in the Vacant Parcel no longer being taxed for property tax purposes on a “Green Acres” basis. As a result, property taxes for the Vacant Parcel will be increased from $1,000 annually to an amount in excess of $400,000 annually.2 Moreover, GVCC will reinvest all of the proceeds from the sale of the Vacant Parcel to Applicant into improvements to GVCC’s property. This will allow GVCC to: preserve and protect its nearly 150 acres of open space and natural areas; improve its amenities in order to remain competitive; continue its role in the City of being a good neighbor, an environmental steward, a top employer, home to hundreds of the City’s residents, and one of the hallmarks of the City; and continue to pay substantial local taxes, such as property and sales taxes, the proceeds of which inure to the benefit of the City. GVCC respectfully requests that you approve the Applications for all of the reasons set forth in the Applications, the City Staff Reports recommending approval of the Applications and this letter. GVCC has enjoyed its relationship with the City of Golden Valley for over a century and looks forward to that relationship continuing for at least another 100 years. Sincerely, Board of Directors Golden Valley Country Club Melanie Dunleavy, President Tom Conlin, Director Mark Zeman, Vice President Mike Herring, Director Shawn Messner, Treasurer Thomas Kozlak, Director Terri Coopersmith, Secretary Glenn Sansburn, Director Joe Komarek, Director Enclosures (Site Plan) cc with enclosures, via email: 2 At closing, GVCC will also pay the Green Acres tax of approximately $65,000. December 8, 2021 Page 4 1014154\309432838.v3 Council Member Elect Denise LaMere-Anderson Commissioner Lauren Pockl Commissioner Adam Brookins Commissioner Andy Johnson Commissioner Rich Baker Commissioner Sophia Ginis Commissioner Mike Ruby Commissioner Chuck Segelbaum Jason Zimmerman Myles Campbell Tim Nichols Ben Landhauser 1014154\309432838.v3 SITE PLAN Benefits of the development plan • The City benefits from new housing which will continue to improve the immediate neighborhood with 97 new cooperative homes. • Ten of the cooperative homes will be made available for purchase at values consistent with 80% of adjusted median income levels to align with the City’s mixed-income housing policy. • The development will bring new families to the City. • The development will allow existing residents of the City to transition to this type of home and remain in Golden Valley rather than elsewhere. • New housing for residents over age 62 who want to stay in City but downsize. • The development will result in the Vacant Parcel no longer being taxed for property tax purposes on a “Green Acres” basis. As a result, this will add $400,000 annually to real estate tax revenues. • New housing would be accessible to the Luce Line trail and within walking distance to high frequency transit service at Douglas Drive and Highway 55 and to downtown Golden Valley. • These factors all meet the goals and objectives of the City’s 2040 Comprehensive Plan to provide home ownership opportunities, senior housing and affordable homes in Golden Valley. • GVCC will preserve and protect its nearly 145 acres of open space and natural areas and continue its role in the City of being a good neighbor. GVCC is an environmental steward and a top employer for the City of Golden Valley. GOLDEN VALLEY COUNTRY CLUB Good for the City of Golden Valley 2.25 acre land sale for housing development at Country Club Drive Dear City of Golden Valley: I am a member of Golden Valley Country Club and a tax-paying resident of the City of Golden Valley for over 35 years (home at 1305 Spring Valley Road, GV). My husband and I joined GVCC after we moved to this City- not only for the golf, but also because of its down-to-earth, welcoming atmosphere- one that welcomed men and women, children and people of color. This is important to us as our children are both adopted from India and we value an inclusive culture. The Club has continued to increase family activities throughout the years, and we are finding more young families joining and moving to the City of Golden Valley as a result. In fact, our now 32-year-old son and his fiancé are looking to buy their first home in Golden Valley so they can be near the Club and its amenities. I write because Our Club is on the cusp of a terrific opportunity to make a sale of 2.25 acres which is a small parcel of our 145 acres. This land fronts Country Club Drive and the Luce Line Trail. We do not need it for the golf course. The buyer is reputable and plans an upscale 97-unit multi-unit housing cooperative for seniors. The proceeds of this sale will help our Club stay competitive in the private golf club market. Without it, we could end up lagging behind our competitors in offerings and amenities, threatening the future of our 106-year-old Club, a fixture within the City of Golden Valley. Our Club is the single-largest landholder in the City and we employ 175 persons, many of whom live in Golden Valley. We even employ the youth in the City, many of whom are employed as caddies or servers at the Club. Our Club prepared the following Fact Sheet, which I am sharing with you as an attachment. Just to mention one highlight, the sale of this small parcel will yield a housing development which will add $400,000 to the City’s property tax base, without losing any environmental attributes of the Club’s 145 acres. Please vote in favor of advancing this project. It is good for future of the Club and the City. Thank you very much. Sincerely, Kathleen A. Marron Dear GV Planning Commissioners, I am a member of Golden Valley Country Club. Our Club is on the cusp of a terrific opportunity to make a sale of 2.25 acres which is a small parcel of our 145 acres. This land fronts Country Club Drive and the Luce Line Trail. We do not need it for the golf course. The buyer is reputable, and plans an upscale 97 - unit multi-unit housing cooperative for seniors. The proceeds of this sale will help our Club stay competitive in the private golf club market. Without it, we could end up lagging behind our competitors in offerings and amenities, threatening the future of our 106-year-old Club, a fixture within the City of Golden Valley. Our Club is the single-largest landholder in the City and we employ 175 persons, many of whom live in Golden Valley. We even employ the youth in the City, many of whom are employed as caddies or servers at the Club. Our Club prepared the following Fact Sheet, which I am sharing with you as an attachment. Just to mention one highlight, the sale of this small parcel will yield a housing development which will add $400,000 to the City’s property tax base, without losing any environmental attributes of the Club’s 145 acres. Please vote in favor of advancing this proj ect. It is good for the Club and good for the City. Thank you very much. Sincerely, Ryan Kingstedt ryan@kingstedt.com Hi, I am writing in support of a land sale by Golden Valley Country Club (GVCC) to become part of a proposed housing development with about 100 new cooperative homes. First let me introduce myself. My wife and I have lived in Golden Valley for 46 years. I remember the adjacent large parcel when it was Pako, Tennant and then Optum. It is a shame it has been sitting vacant for so long. I have served on what was then the Human Rights Commission and also the Bassett Creek Watershed Management Board. I coached and served on the Board of Golden Valley Girls softball. I have watched three new developments built near my home across from Lion's Park. Each of them added families with children to our neighbor and made our community more vibrant. Each of them added to the city tax base. I understand the proposed development near GVCC will add about $400,000 annually to the tax base. As a resident I certainly like that. It does much more than that. I remember when Golden Valley Commons was built. A national pharmacy was being recruited as a tenant. They wanted a drive thru pharmacy window, which is actually quite common now. The city rejected the concept because they wanted the shopping center to be pedestrian friendly. Well, the proposed development is within easy walking distance and will be a wonderful source of additional revenue for Golden Valley merchants. In addition, City Hall, the Post Office and Library are also within easy walking distance. If GVCC gets some new members that would be terrific too! I will confess, the land sale will benefit GVCC. It will help us add amenities and keep our club competitive in a very difficult market. We proudly employ about 175 people, many of whom live in the city. We also offer wonderful opportunities for youth to have summer jobs as caddies. Many of our caddies have gone on to receive Evans Scholarships at the University. I have been a member at GVCC for about thirty years and have made many new friends. I can't begin to estimate how many miles I have walked or how many golf balls I have hit into the creek. We have a fact sheet that you will probably receive from other members who write in support of this land sale. If you don't receive one and want it, let me know. I am trying to make my request a little more personal. I love the City of Golden Valley. It has been a fabulous community to live and raise our family. My grandkids now enjoy the same park that their mom played at. Please vote in favor of advancing this project. I truly believe it is good for the City and GVCC. Thanks very much for your consideration. I am sorry I am unable to attend the meeting on Thursday. -- Bob Mayeron 612-868-7227 Dear City of Golden Valley: I am a member of Golden Valley Country Club [and a resident of the City of Golden Valley]. Our Club is on the cusp of a terrific opportunity to make a sale of 2.25 acres which is a small parcel of our 145 acres. This land fronts Country Club Drive and the Luce Line Trail. We do not need it for the golf course. The buyer is reputable, and plans an upscale 97 -unit multi-unit housing cooperative for seniors. The proceeds of this sale will help our Club stay competitive in the private golf club market. Without it, we could end up lagging behind our competitors in offerings and amenities, threatening the future of our 106-year-old Club, a fixture within the City of Golden Valley. Our Club is the single-largest landholder in the City and we employ 175 persons, many of whom live in Golden Valley. We even employ the youth in the City, many of whom are employed as caddies or servers at the Club. Our Club prepared the following Fact Sheet, which I am sharing with you as an attachment. Just to mention one highlight, the sale of this small parcel will yield a housing development which will add $400,000 to the City’s property tax base, without losing any environmental attributes of the Club’s 145 acres. Please vote in favor of advancing this project. It is good for the Club and good for the City. Thank you very much. Sincerely, Carter Rieckhoff My wife and I have been residents of Golden Valley for 42 years and plan on remaining so. We have seen many changes over the years. There have been many residential developments built recently none of which have provided for quality senior housing.This proposal helps address that need. We both strongly support the proposed sale and development of the two parcels of the Golden Valley Country Club property. Aside from the potential tax benefits to the city and the obvious lack of any adverse impact on the area, the addition of senior housing in that area is extremely attractive and provides an option to retain our senior population. I urge you all to support this proposal. Thank you. Sincerely, N. M. Segal I am unable to attend tonight’s planning meeting but I would like to provide some feedback. Understanding the need for adding additional housing in Golden Valley, I would like to propose building units that can be purchased not just rented. I think building condominiums vs apartments , for example, would allow first time home buyers to create roots and grow in the community. It also keeps long time residents looking to downsize in Golden Valley. Right now it seems there aren’t a lot of options for these demographics in Golden Valley other than renting. Thanks Chris Mandravelis 612-290-2381 Written Communications Received In Opposition to Artessa Senior Cooperative Project located on a Portion of 7001 Golden Valley Road December 29, 2021 Dear Council members, I immigrated to MN and bought myself a small local home with views not unlike my home Country. Golden Valley and its open areas of green space reminded me of my home in Scotland. The proposal and approval of a Conditional Use Permit to build a 6-story building would be a blight on the historic Golden Valley landscape. A little history on my 105 year old home and the vicinity. I have the abstract of title for my land and the surrounding land dated 1856 to the public from the United States. The Varner’s are the founders of Golden Valley and there are 6 pages of Varner’s on the abstract title. (see image attached, I donated a copy to the GV History Society). William H Varner is quoted in the Country Club book ‘A century of Excellence,’ that he looked from the hill (current Country club location) at the valley covered in golden daffodils and said, “my valley, my Golden Valley” and so this beautiful area became known. The valley view would be obstructed for everyone by a 6-story development. The little house I currently live in was built in 1917 to provide a home for the greenkeeper. The proposal of a 6-story development is more than double what currently exists for commercial buildings in our area, is less than 500 feet away and would dwarf my home. My neighbors and I work from home and 16 months to two years of construction noise would be an issue for all of us. When I moved here, I felt a great sense of pride in Golden Valley’s beautiful green spaces (albeit mostly private land across from me) and majestic oaks. Not two weeks after I moved in, the majestic oaks on Country Club were cut down to create a bike path, build a couple of tennis courts and add a chain link fence. Now a developer is proposing the views be further blighted by an unimaginative 6-story building that looks like the storage unit that was built in the industrial park. Why would this proposal be considered in this historic neighborhood when no other building in the vicinity is more than 2 or 3 stories above ground and would destroy the many majestic old oaks that Golden Valley is known for? We are supposed to be preserving our green spaces as a “green step” city. My understanding is that the proposal would provide nearly 100 apartments for people 62 or older with nearly 200 parking spaces and ranging in value from $300-$800K. A quick google search states that Golden Valley and surrounding areas have over 80 of such facilities. The target demographic for the apartments is retirees who golf. The club members in attendance at the public meeting made it clear that the co-op would attract 80+ new members, which leads me to believe this property will be for 'snowbird' golf club members only. The developer is also working closely with the Country Club and ensuring there is no inconvenience to members but not providing the same courtesy to the families who live on Country Club Dr. As for the proposed entry and exit points of this proposal on to Country Club Drive, we only just reclaimed the street with the access from Douglas Street minimized. This does not prevent people accessing Country Club Drive from HWY 55 and using the street as a speedway putting the children and pets living on the street at great risk (I lost a pet to a speeding car that did not stop). Adding an additional 200 cars is very concerning to the families on Country Club Dr. It is also a concern that a traffic study would not be done. A city engineer is quoted as saying "With the number of units being proposed, and the typical number of trips per day generated by a senior building, there is no concern that it would unreasonably increase congestion”. I respectfully disagree, the developer stated numerous times that this would be a very active community of members. The exit from Country club to Rhode Island or 55 is already challenging and common-sense states that 200 parking spaces mean 200 cars unless the proposal suggests the seniors would walk to the nearby post office and local businesses? While I am not opposed to the development of apartments, especially in the Optum location, I am opposed to the proposed application for the conditional use permit on Country Club Drive and access points, the destruction of the topography and oaks in Golden Valley. Please also keep in mind the proposed future development of the UHG property and it’s impacts to residents. I hope to have your support. Kind regards, Suzanne Forward 6745 Country Club Dr Reference: https://www.goldenvalleycountryclub.com/our-club/history Concern about New Housing Complex on Country Club Drive December 8, 2021 Greetings GV Council Members, I’m writing to express opposition to the proposed development of the six-story senior living complex slated to be built on Country Club Drive. Main concerns are: • Increased volume of traffic on Country Club Drive • Loss of green space and old-growth trees • Height of building The increased traffic on Country Club Drive resulting from a hundred or so new neighbors would bring a higher risk of accidents involving children at play and animals of all kinds. The lack of traffic congestion and noise it brings is one of the reasons the Country Club Drive stretch is so attractive. Speaking for my wife and me, we are more than familiar with our neighbors and folks living in this area. We often find ourselves meeting and welcoming new comers to the neighborhood too. We boast of how cool it is to live here because of the serenity and safety of the area, and folks are quick to agree of the advantages of this area not being a crowded neighborhood. A popular topic of conversation is that Golden Valley is a pet friendly neighborhood. Many people have cats and dogs, and care for them responsibly. However, sometimes pets accidentally get free of their yards and run in to the streets. Because of this, it is a comfort to know there is very little traffic on and around Country Club Drive. Another reason this section of Golden Valley is so attractive is the green space and abundance of old- growth trees. It is not block after block of rows of living units on a grid. The lack of apartment and condominium complexes is a major draw to the neighborhood. Golden Valley houses have large yards and gardens with majestic oaks, maples and elms. The Country Club and golf green features and maintains beautiful wide-open landscapes that attract a variety of birds and other wildlife, not to mention the golfers and other people from all over the Twin Cities who are attracted to the Country Club’s year-round events. The length of Country Club Drive, from the water tower in downtown Golden Valley to Douglas currently only has one building higher than three stories. The proposed six story complex would be out of place. The vast majority of this stretch consists of houses with spacious yards, and not cubicles stacked six stories high. This all makes for an attractive and peaceful place to live. A neighborhood we would like to preserve just the way it is. My sincere thanks for your time and attention, Malcolm Forward December 8, 2021 Stephen M. Tatzmann 555 Varner Cir N Golden Valley, MN 55427 Golden Valley Planning Department, Jason Zimmerman Council Members - Fonnest, Harris, Rosenquist and Sanberg Mayor Shep Harris 7800 Golden Valley Rd Golden Valley, MN 55247 RE: Concerning Development at Golden Valley Country Club “They will need to evolve and at times transcend tradition to survive in the decades to come.” This was an assertion published in an article by Forbes magazine in November of 2020, entitled “The Country Club of the Future.” It is my opinion, Golden Valley Country Club (the Club), in seeking to parcel off parts of its land in both the northwest and southeast corners of the property, is neither evolving nor transcending in order to meet financial demands. Rather, it is asking the neighboring community to absorb a burden to keep it financially secure, so the Club may continue to conduct business as usual. I have lived at 555 Varner Cir N for five years as of this New Year’s Eve. My property is less than 250ft from the southern border of the Club. Not once in those five years have I received a neighborly mailer from the Club, one of the city’s largest land owners. I’ve never received an invitation to attend an open house or been invited by a member to tour its facilities. Every year, Schuller’s Tavern donates a keg of beer to to our Neighborhood Night Out. I’ve personally never seen a representative of the Club there. Regularly, especially during the summer, the Club will host events that can be clearly heard from my property, running as late as 1 am. When my neighbors host events at their homes, they’ll drop a note in my box a day or two before to let me know and request that I contact them if they’re too loud. Golden Valley Country Club is NOT a “good neighbor”. I enjoy the greenspace the Club provides, juxtaposed to the constant hum of Highway 55 that is visible from my front door. I don’t have issues with the game of golf, but I don’t like being asked to inconvenience myself and my neighbors to contribute to the affluence of a private organization. When neighbors of mine asked the developers at last week’s neighborhood meeting if we would be impacted by construction while the new six-story building is being built, they scoffed and said “no”. Currently, when the Club has large events, we routinely find overflow parking spilling out onto Jersey Avenue - a street I am currently using to teach my four-year-old daughter how to ride her bike. Why am I not to expect construction laborers to be parked there as well? Many of my neighbors are very concerned about the traffic impact of the new development. Jason Zimmerman and the developers have been quick to dismiss traffic concerns, saying a study isn’t necessary and that residents of the development, due to their demographic, will not be traveling at peak hours of the day, so there isn’t a need to do a traffic study. Anyone who routinely turns south onto Rhode Island Avenue from Country Club Drive, as I do, can tell you that intersection is already awkward at best, anytime of the day, but particularly hours when the post office is open. Removing old growth oak trees to make way for a 72-foot building facade also does not seem to keep with the city’s green initiatives or being neighborly to surrounding landowners who’s homes pre- date the Club. There are plenty of vacant lots able to be developed for high-density residential use that don’t require the removal of existing trees species. I, for one, am completely on board with the rumor I have heard stating the city wants the United Health Group property to be parceled for mixed retail and residential use. Moreover, when I asked Jason Zimmerman at the neighborhood meeting, what’s to stop the Club from continuing to piecemeal its land asset, Mr. Zimmerman replied that he didn’t think it was a concern because, “unless they start cutting into greens” he didn’t see that there was much more land to give. The conclusion of the Forbes article I cited at the beginning of this letter, was that the “Country Club of the Future” is virtual. Meaning online. Meaning the Club will not have a need for greens in the future. If you don’t think this is possible, please see this November 30th Twitter post from the Club referencing its new golf simulator and how much the members “are loving it”. Golden Valley Country Club needs to evolve and transcend, instead of inflicting the burden of its financial needs on its neighbors. Thank you, I appreciate your time and consideration of this matter. Sincerely, Stephen M. Tatzmann 555 Varner Cir N Golden Valley, MN 55427 stevetatz@protonmail.com Golden Valley City Hall, attn: Council Member Gillian Rosenquist 7800 Golden Valley Road Golden Valley, MN 55427 Dear Council Member Rosenquist, We’re writing you to express our reservations with the six-story residential complex being proposed by Artessa Development, LLC on Country Club Drive. We live just two doors down from the proposed site. While we are new homeowners in the neighborhood, we think we will be among the most impacted by the decisions being made and hope this letter is considered with that in mind. Firstly, it’s worth noting that we’re not opposed to the development in general. We do see value in adding senior housing to Golden Valley. Maybe even in that spot. Our top concerns, however, are the impact on traffic and safety on Country Club Drive and Highway 55, the lack of affordable units in the building, and the height of the building. We think that the residents of the area deserve to have a traffic study conducted. Congestion will certainly increase, the impact of which is unclear. More importantly, we think it will potentially cause unsafe driving conditions at the intersection of Highway 55 and Douglas Drive, and the intersection of Highway 55 and Glendale because you are unable to go Eastbound on Highway 55 from Country Club Drive. Many of our neighbors have taken issue with the increased traffic this project would add to Rhode Island Avenue from new residents trying to access Highway 55. However, we’ve observed that from where we live on the East side of Country Club Drive—including at the site of this proposed development—drivers looking to go Eastbound on Highway 55 are instructed by GPS to go West on 55 and make a U-turn at Glendale Avenue. With the high speed on 55, this is already a hazardous route, and increasing U-turns at that intersection could increase crashes. Also, turning onto Country Club Drive from 55 requires you to signal your lane change through the Douglas Drive intersection and quickly decelerate. The turn lane is very short, the distance between the intersection and the turn lane is short, and you’re travelling at highway speeds. Increasing the amount of traffic on that turn would unquestionably cause unsafe conditions at the intersection with Douglas Drive. At their presentation, the developers provided anecdotal reassurances that it would all be fine, but they’ve got too much skin in the game to be considered trustworthy sources of information. They were also flippant and dismissive when addressing people’s concerns. A traffic study should be conducted to give the residents in the area something more concrete and unbiased. We also think this whole traffic issue could easily be remedied if the entrance and exit was on Golden Valley Road, which would be safer. Additionally, Golden Valley Road is larger and has better access to the rest of the city’s infrastructure. Our next concern is the affordability of the units. The developers highlighted two affordable housing units per floor. At a time when we have an affordable housing crisis, do we really need more luxury condos that have the bare minimum of affordable units? We’re deeply disappointed that lower income residents of the area are being left in the cold while this building expressly caters to people who are currently housed but want to downsize. We would much rather see something that shelters unhoused people than wealthy, stably housed residents of the city. It feels like a very lucrative endeavor for the country club and the developers without considering the needs of everyday residents in the area. Lastly, the building is too tall for this area and would dwarf any other building nearby. Even limiting to five stories would be a great improvement. We would also encourage you to look critically at the visual design of the building. This might be a small thing, but in an area full of historic homes, the new development design is, for lack of a better word, busy and kind of ugly. We implore you to push back against this development and question if it’s the best thing for the people who live in the area. I was very disappointed that no representative from the country club was present at the developer’s presentation. It seems like they want to reap the benefits of this development while pushing the downsides, particularly the traffic and unsightly, large size of the building, onto their neighbors. Thank you for your consideration, and we look forward to seeing you at the upcoming planning commission meeting. Respectfully, Bob Plantenberg & Tara Bannow 6809 Country Club Drive Golden Valley, MN 55427 763-227-3809 & 319-471-0119 Hello, I believe Golden Valley has a pretty good grasp of what is good for the community as a whole. I also understand that change is inevitable and change in the Douglas Drive Corridor is almost certain to happen. The redevelopment and potential development of the properties on the south end and how they are handled are being watched by many residents and not just in the immediate neighborhood. My concerns for the Artessa project: • The developer repeatedly describes potential tenants as “very active”. Traffic flow is already awkward, if not dangerous at times, in the proposed development area(s). To go east from the east end of Country Club Drive you have to make a dangerous U-turn on Highway 55. U-turns are rarely recommended on highways and I personally am lucky to be alive after an Uber ride that almost killed me. The alternative is to drive .75 miles westward on Country Club to join Rhode Island. At this location there are probably six or more uncontrolled traffic access points from parking lots and streets within one block. There is no traffic light where Country Club feeds onto Rhode Island and increased traffic from Country Club will only aggravate the situation. • Since the area is currently designated a green space, I would hope they can save many of the trees on the project property. • The height of the proposed Artessa development is not in keeping with the surrounding area. • Feedback from the country club does not appear to offer much in the way of compromise. Selling a slightly larger parcel could possibly allow the footprint to expand slightly and keep the Artessa project to five levels. Access to Douglas Drive could alleviate traffic issues. However, it seems the country club wants to have it all their way. The Golden Valley Country Club does not support the connection (to Douglas Drive). In a letter to the city, General Manager Don Kovacovich said he supported the project to redevelop the property (Optum) as long as it didn't include changes to Country Club Drive. “We feel any road would have a negative impact to our members, the playability of our golf course, and financially due to the cost of additional netting needed to protect a road,” Kovacovich said. I’ll bet that netting is wicked expensive! If the country club truly cannot afford to buy netting, I would think they would be more willing to compromise on Country Club Drive connecting to Douglas Drive. They might also have to reassess how the club has handled their financial matters including building their $21.7 million clubhouse (calculated in today’s dollars). Please work toward a compromise that will be beneficial to more of Golden Valley. Compromise might save this project, but if not, there will be other opportunities. Golden Valley is a gem of a city in a very attractive location. The city will continue to attract development partners willing to compromise and work on suitable projects that will be complementary to the city and the surrounding neighborhoods. Best Regards, Corby Harty Respected City Council Members, I chose Golden Valley as my home 2.5 years ago after living and working downtown Mpls for 25 years. After looking at many areas there were specific reasons for choosing Golden Valley; the strong sense of community, the amazing green space filled with 100 + year old trees, walking and bike paths, culture and the safety of small town living along with the convenience of being a quick commute from downtown. I continue to be charmed by the neighbors, residents and the community’s strong sense of pride, watching out for each other doing what’s best for the city and supporting each other. Many of the reasons why I chose Golden Valley are now at risk with the proposed six story Country Club development. I understand that change is constant and the Golden Valley Country Club has every right to sell their property, however what has been proposed is not in the best interest of this community and poses the following risks. 1) Safety - will be compromised for all walkers, bikers and drivers if the Country Club does not offer alternative and viable ways to travel to and from the proposed development site during construction, and will continue to increase once the new residen ts move in. Country Club Drive is already very busy, and traffic moves through quickly and can get easily congested. The proposed development could potentially increase beyond 200 + more residents using this road at any given time, and even walking to the city center can become treacherous for everyone. The developer advised the residents will be “very active” at 62 + community so traffic increases are a given. Additional Considerations: • Access to HWY 55 is currently limited to two travel routes from Varner Circle and the surrounding area, and is not easily accessible from Country Club Drive. The intersections are already dangerous with cross traffic entering from multiple directions. We need alternative options for travel to open up Douglas or the Country Club can open their club entrance to Golden Valley Drive. • The amount of time to commute downtown and anywhere else will increase and not be efficient or convenient as the highway and roads are not set up for the traffic increases and flow as they now exist. • We’re currently living in a pandemic where many of us work from home and will continue to do so once we get to the other side. Traffic will only continue to increase, when residents start commuting to work again and poses greater risk and safety concerns. 2) Preservation and integrity of the AMAZING landscape 100+ year trees that make Golden Valley so distinctly unique and beautiful. If those trees are removed it negatively impacts the landscape and the integrity of what makes GV so special and rich in its heritage. • Where will the displaced wildlife will go that reside amongst us and surrounding the country club if their environment is replaced by the proposed by this out of compliance proposed development? • After a friend visited earlier this year, he immediately started his search for a home in Golden Valley and moved here because of the green space and historical beauty. If we don’t preserve this we will lose the integrity of our community and its history 3) Rezoning - to accommodate a 6 story development also compromises the integrity of area’s landscape and community, especially after seeing the proposed design. It would be my hope that they design housing to complement and enhance the golf course and residential areas. • Instead of the proposed rezoning, it would make sense to meet the city’s current zoning compliance requirements and build out instead of up, to make it financially feasible for the Developer. The Country Club has more land they could sell to then meet current zoning requirements. • There are many other areas for lease and for sale on Douglas that could be redeveloped, and close to the golf course which could meet the Developers needs while preserving the area. 4) Trust and Transparency – This entire situation was poorly communicated and managed. We received a notice addressed to “resident” regarding the proposed rezoning of our residence and neighborhood, without receiving any other details, and left to wonder why. We live within 500 feet of the Country Club and never received anything from the Country Club, the developer or the city advising “why” or “who” was proposed change. It concerns me that this has happened so quickly with such little disregard for the community. • The Country Club stands to gain everything, while little to no consideration has been given to the residents who have much to lose and yet, during the middle of a pandemic. However, it appears that a great deal of consideration has been given to the Country Club members to make sure their golf games, parties, swim and tennis time and all of the rest of their “play-time” is not disrupted over the next few years as the developer outlined clearly. I’ve yet to understand the benefit to the community as the Developer insisted as their current plans exist. For the reasons mentioned above and more, it is my hope that the Planning Committee and the City Council will do what’s right for the community by denying the proposed zoning approval for the Country Club development. Please give consideration to other viable solutions that will be nefit the entire community beyond the Country Club’s financial gains. It is my hope that the country club as well as the community can thrive together, and that the focus shifts to how we can protect and maintain the safety for all who live and spend here, while preserving the integrity of our homes, neighborhoods, Country Club and and the land around us. Change is inevitable but I ask that you hear our voices in the Varner, Schuller and Country Club neighborhoods to make the right decisions for the entire community, and preserve the legacy that the Varner and Schuller ancestors that left us all to protect. Respectfully and Sincerely, Blythe Stillwell bwellstill@gmail.com 521 Varner Circle 612.695.8350 Dear Golden Valley City Council Members and Planning Commissioner Zimmerman: I am aware that Golden Valley needs good quality, affordable housing and I support that goal. The proposed senior apartment does not really fulfill that objective, however, with only ten "affordable" units. In addition, my deep concern about the proposed project is the traffic congestion it will bring to a peaceful, nature-filled neighborhood. With the Montessori School, Highway 55 and Douglass Drive, and Perpich Arts High School all concentrated in that area, I worry about traffic accidents and increased pollution from vehicles. Finally, that area of land is where Golden Valley got its start. It seems to me we should honor what remains of the natural setting and the history of our city in some way other than having a large apartment plunked there. I don't want to be a NIMBY but it seems to me there are much better places to put a six-story apartment. Thanks for your attention. Sincerely, Margaret R. Beegle 550 Varner Circle North Golden Valley, MN 55427 (763) 542-1860 Dear Golden Valley City Council, I have lived in Golden Valley on Country Club Drive for over 33 years. Over the years I have seen a lot of changes in Golden Valley. The current proposal for the Country Club Driving range is one that should not happen. I am surprised to hear that the Golden Valley CC is having financial difficulties. Especially when the parking lot is pretty full nd there is a lot of golfers on the course. I do not feel the design is something that would fit in the Schuller neighborhood. The level of traffic would increase and there would be more traffic outside of rush hour. I think the Country club should sell the land so it would be included in a residential development of the Optum property. The access would be off Douglas. Which would not affect the current traffic. Sincerely Chuck Fox Good morning, I am writing to express my concerns regarding the proposed condo building on the current GVCC driving range. My husband and I and our 2 children live on Country Club Drive. We initially purchased our home assuming the country club would be there forever and we’d never have to worry about additional neighbors across the street. We never fathomed the club would start parceling off their land and selling to developers. We strongly oppose another condo complex in the area, especially if the entrance were to be on Country Club Drive. We are very concerned about the significant increase in traffic on our little neighborhood streets and disappointed at the thought of the proposed giant eye sore in place of the current green space. It would be such a shame to destroy the century old trees and rolling green space to be replaced with a building that looks like a storage unit or hospital. A smaller 2- 3 story, more visually appealing complex that would compliment the old world charm of the club’s exterior would be a much more suitable alternative for the neighborhood and location, especially if accessed via Douglas Dr or the country club driveway and out to Golden Valley Rd with no entrance on Country Club Dr. Thank you, Jessica Scheff 7111 Country Club Drive To whom it concerns: As a member of the community with a young child and another arriving shortly, it is of great concern that traffic will be increasing on Country Club Drive. The design to enter the road is already poor at best, and encourages a dangerous speed when exiting Highway 55. This happens to be right at the entrance to a Montessori school, where parents are constantly entering and exiting with their young children. There are also multiple businesses along Country Club Drive that serve as medical rehabilitation homes. The residents there deserve a safe place to access the sidewalks and cross to utilize the Luce Line Trail safely, since the city has already neglected any cautionary signs or crosswalks. Many buses also stop at these homes to collect patrons, which require substantial loading time due to the type of services each patron requires. Having traffic that will enter the oncoming lanes of traffic in an area to pass these buses is reckless. It also happens to be at an area that contai ns a hill which limits visibility of drivers in both directions. (Near the intersection of Jersey Ave N and Country Club Drive) Along with the constant pedestrian traffic on both sides of Country Club Drive, additional traffic entering and exiting this substantial proposed parking lot creates a recipe for disaster. Especially if the city continues to neglect the safety of its pedestrians, bicyclists, and drivers in this area. Not to mention bringing in vendors and other drivers unfamiliar with the area who are crossing over a regional public trail to enter this property every single time the proposed parking area is utilized. I doubt that by adding traffic on such narrow lane roads with heavy pedestrian traffic on both sides is the proper or responsible decision to be made. I encourage the council to examine the safety of all who use this area rather than those who are looking to gain financially. Thank you for your attention to this matter of safety for the citizens of our neighborhood. Hannah Thacker Homeowner 537 Jersey Ave N Golden Valley, MN 55427 (828) 612-1505 Attention: Golden Valley Neighbors. The Country Club is selling the driving range land to a developer proposing a 6-story apartment building with 192 parking spots. Access will be via Country Club Drive. If approved this will cause lots of heavy equipment going up and down Country Club Drive and possibly adding up to 200 or more cars traveling this route. If you disapprove of the proposal to change the land use and zoning of the property from institutional to high density residential and the request for a Conditional Use Permit to construct a 6th floor, please sign the attached petition. Please also attend the Informal Planning Commission Meeting at City Hall on December 13th at 7pm and let your thoughts be known. COMMENTS • Kenneth Surbaugh Dec 09, 2021 The proposed development does not reflect the character of the existing neighborhood. The driving range and adjacent golf course provides for the preservation of open space that gives the community an identity. A large residential complex would change the character of the neighbor with increased traffic and higher density housing is not a use that fits with the existing low density housing and small business. Please maintain the natural integrity of the neighborhood by rejecting this proposal. • Kimberly Surbaugh Dec 08, 2021 Country club drive is not adequate to handle this amount of traffic. • Ken walz Dec 08, 2021 Forever change the solitude of this neighborhood • Kay Schroeder Dec 08, 2021 Height of building is not in keeping with the surroundings and traffic will be a concern • Jeff S Dec 08, 2021 We have enough apartments in the city as it is. Put single family homes or even townhomes in that space versus some six story eyesore. • Kris anderson Dec 08, 2021 Main concerns here are traffic issues on Country Club drive not only during construction but moving forward. Any construction here must include through road to Douglas to divert much of this directly to 55 or north. • Esther Villeneuve Dec 08, 2021 Too big of a development for the proposed location. • Anonymous Dec 08, 2021 This plan will dramatically change the character of this quiet neighborhood and our experience living near it as a resident will be negatively impacted. I strongly oppose this plan. • Anonymous Dec 07, 2021 Traffic concern on Country Club Drive! • Anne Melendez Dec 07, 2021 NO - too many reasons to list • Marcia Anderson Dec 06, 2021 I oppose the height and massive scale of this proposed development in a residential neighborhood. It will dwarf nearby homes. It will destroy trees and loom over trees remaining, becoming an eyesore and an environmental deficit.. It should not be granted a zoning change. • Hannah Thacker Dec 06, 2021 As a member of the community with a young child and another arriving shortly, it is of great concern that traffic will be increasing on this road. The design to enter the road is already poor at best, and encourages a dangerous speed when exiting Highway 55. There are also multiple businesses along Country Club Drive that serve as medical rehabilitation homes. The residents there deserve a safe place to access the sidewalks and cross to utilize the Luce Line Trail safely, since the city has already neglected any cautionary signs or crosswalks. I doubt that by adding traffic on such narrow lane roads with heavy pedestrian traffic on both sides is the proper or responsible decision to be made. • Chuck Gox Dec 06, 2021 I am surprised to hear that the Golden Valley CC is having financial difficulties. Especially when the parking lot is pretty full nd there is a lot of golfers on the course. I do not feel the design is something that would fit in the Schuller neighborhood. The level of traffic would increase and there would be more traffic outside of rush hour. I think the Country club should sell the land an make it part of the development of the Optum property. The access would be off Douglas. Which would bot affect the traffic. • Hiebert Cate Dec 05, 2021 This kind of stuff is one of the reasons we moved a year or so ago. This council will do anything to turn a buck...even go against the city plan they requisitioned 18 months ago • Laura Monson Dec 05, 2021 We do not need this. We need trees and the green space. • Suzanne Forward Dec 04, 2021 A point I neglected to mention, I am also self employed and work from home and worry about the construction noise. My neighbor, a journalist works from home, their immediate neighbors are teachers who work from home. I would like to see potential noise studies done for our 100 year old homes in a neighborhood of people who currently work from home due to, and before Covid. • Joel Sather Dec 03, 2021 Now that I'm working from home, any additional noise on Country Club Drive would be very disruptive. • Todd Gaglione Dec 02, 2021 This is a very peaceful residential homeowner/family neighborhood, and one of the biggest reasons to reside in this area is because of the neighborhood being as such. A 6 story apartment building would absolutely destroy this area. Build some small homes or townhomes instead...or better yet keep as is and sell historical golf course to another golf company as they tried to a few years ago... • Jessica Scheff Dec 02, 2021 My husband and I and our 2 children live on Country Club Drive. We strongly oppose another apartment complex or condo complex in the area, especially if the entrance were to be on Country Club Drive. We are very concerned about the increase in traffic on our little neighborhood streets and disappointed at the thought of the proposed giant eye sore in place of the current green space. A charming 2-story townhome complex, similar to the nearby units on Golden Valley Rd, would be a much more suitable alternative for the neighborhood and location, especially if accessed via Douglas Dr with no entrance on Country Club Dr. • Mike Dec 01, 2021 Too BIG! • Robin Scholer Dec 01, 2021 I am opposed to yet another condo/apartment building adding more people and more traffic. We need more green space. • Corby Harty Nov 26, 2021 Traffic access in this area is already challenging. Difficult to access eastbound Hwy 55 and no Hwy 55 access from the north side of Glenwood. Will changes to the traffic pattern be made? • Suzanne Forward Nov 24, 2021 I am concerned as more young families move into this area that children are at risk. Country Club is already a speedway being a long straight and very dark road. The police also use it to catch up to and cut off speeders on 55 at night. I lost a pet to a speeding car that did not stop, imagine that was a child. I also do not think a 6 story building is appropriate for the area, no other building close is that high and it will be a blight on our skyline much like that monstrosity of a storage unit across Douglas. Keep everything 2 stories high at most. • Harmony Bennett Nov 24, 2021 This would drastically change our peaceful neighborhood. A townhome development would be much preferred. To add that many vehicles to Country Club is not a good thing. • Margaret Beegle Nov 24, 2021 It is an ill-conceived plan to put a large complex right by Highway 55 and Douglas Drive. The congestion would be a huge problem. • Chuck Gox Nov 23, 2021 I live on Country Club Drive. There is enough traffic, we don't need any more! • Stephen Tatzmann Nov 23, 2021 Until the Country Club begins acting like a member of the community, as opposed to an elitist enclave, I, as a resident of Golden Valley, and neighbor of the property, am inclined to voice opposition to any further development of the property. In the five years I have lived on Varner Circle, I have not once been approached by the Club or any of its members to join or even view its facilities. All I know of the Club is the sign at its entrance which tells me not to trespass and the loud events that can regularly be heard after 10pm from my back porch. Furthermore, as I live 250 feet from the Club property, I would like to know why I wasn’t informed by either the city or Club of them parceling off their property both in the location in question and in the northwest area of the property. SIGNATURES • Karen ReevesUnited States • Kenneth SurbaughUnited States • Kimberly SurbaughUnited States • Ken walzUnited States • Kay SchroederUnited States • Christine GuentherUnited States • David HansonUnited States • Garrett HartyUnited States • Jeff SUnited States • Kurt AndersonBahamas • Kris andersonBahamas • barbara prindleUnited States • Esther VilleneuveUnited States • Midge Putzke DockenUnited States • Emily Tinawi-HarkinsUnited States • Christy EversonUnited States • Sarah SchulteUnited States • Melissa CaulfieldUnited States • Anne MelendezUnited States • Marcia AndersonUnited States • Hannah ThackerUnited States • Kait ThackerUnited States • Hiebert CateUnited States • Laura MonsonUnited States • Joel SatherUnited States • Barrie leeUnited States • Todd GaglioneUnited States • Aaron KorusUnited States • MikeCanada • Robin ScholerUnited States • Andrea KarlenUnited States • Jeanne WoolcottUnited States • Corby HartyUnited States • Harmony BennettUnited States • Margaret BeegleUnited States • Heidi McCallisterUnited States • Marcie WeslockUnited States • Robert PlantenbergUnited States • Heather SelsethUnited States • Rod VirnigUnited States • Tara BannowUnited States • MALCOLM FORWARDUnited States • James FournierUnited States • Ben HarkinsUnited States • Blythe StillwellUnited States • Chuck GoxUnited States • Stephen TatzmannUnited States • Debbie EricksonUnited States • Stuart LeeUnited States • Josh ScheffUnited States • Jessica ScheffUnited States • Suzanne ForwardUnited States Golden Valley City Council Meeting January 4, 2022 Agenda Item 6. A. Second 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. The first consideration was approved by the City Council on December 21, 2021. 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.”). City Council Regular Meeting Executive Summary City of Golden Valley January 4, 2022 2 • 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, 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 Second 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 Review of Council Calendar Event Event Time Location JANUARY Sunday, January 9 Winter Market in the Valley (Indoors)10:00 AM – 1:00 PM Brookview Bassett Creek Room Tuesday, January 11 Special City Council Meeting (Council Training)4:00 PM Council Conference Room Council Work Session 6:30 PM Hybrid - Council Chambers Friday, January 14 Artist Showcase '22 - Opening Night Gala Event 5:00 PM - 9:00 PM Brookview Sunday, January 16 Sweet Potato Comfort Pie: Annual Dr. Martin Luther King, Jr. Service Holiday 2:00 PM - 4:30 PM Virtual Event Monday, January 17 City Offices Closed for Observance of Dr. Martin Luther King, Jr. Day Tuesday, January 18 Special City Council Meeting (Interviews)(Tentative)5:30 PM Hybrid - Council Chambers City Council Meeting 6:30 PM Hybrid - Council Chambers Tuesday, January 25 Annual City Council Goal Setting Session 6:30 PM Hybrid Brookview - Valley View Room FEBRUARY Tuesday, February 1 Precinct Caucuses 7:00 PM Multiple Locations See Elections Page on City Website Wednesday, February 2 City Council Meeting (Wednesday)6:30 PM Hybrid - Council Chambers Tuesday, February 8 HRA Work Session 6:30 PM Hybrid - Council Chambers Council Work Session 6:30 PM Hybrid - Council Chambers Sunday, February 13 Winter Market in the Valley (Indoors)10:00 AM – 1:00 PM Brookview Bassett Creek Room Tuesday, February 15 City Council Meeting 6:30 PM Hybrid - Council Chambers Tuesday, February 22 City Council Annual Joint Meeting with Boards/Commissions 6:30 PM Hybrid Brookview - Valley View Room