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01-18-22 City Council Agenda REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. Remote Attendance/Comment Options: Members of the public may attend this meeting by watching on cable channel 16, streaming on CCXmedia.org, streaming via Webex, or by calling 1- 415-655-0001 and entering access code 2453 456 2024. Members of the public wishing to address the Council remotely have two options: • Via web stream - Stream via Webex and use the ‘raise hand’ feature during public comment sections. • Via phone - Call 1-415-655-0001 and enter meeting code 2453 456 2024. Press *3 to raise your hand during public comment sections. 1. Call to Order A. Pledge of Allegiance Pages B. Roll Call C. Presentation to Adopt Resolution No. 22-009, Joining Cities and Counties Across Minnesota Declaring A Climate Emergency 3-10 2. Additions and Corrections to Agenda 3. Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of City Council Minutes – Regular Meetings of 2021 - July 6 and 20, August 4 and 17, September 9 and 21, and October 5 11-43 B. Approval of Check Register 44 C. Licenses: 1. Approve Gambling License Exemption and Waiver of Notice Requirement – Northwest Suburban Chapter of Pheasants Forever 45 2. Approve Gambling License Exemption and Waiver of Notice Requirement – Good Shepherd School 46 3. Approve Temporary On-Sale Liquor License – The Loppet Foundation 47 D. Bids, Quotes, and Contracts: 1. Award Bid and Approve Agreement for Irrigation System at Brookview Golf Course 48-77 January 18, 2022 – 6:30 pm Council Chambers Hybrid Meeting City of Golden Valley City Council Regular Meeting January 18, 2022 – 6:30 pm 2 2. Approve Purchase of Irrigation Equipment for Brookview Golf Course 78-80 E. Adopt Resolution No. 22-010 to Execute MnDOT Agreement for Local Road Improvement Program (LRIP) SAP 128-594-002 for Douglas Drive and Trunk Highway 55 Pedestrian Underpass and Mini Roundabout Project Design 81-106 F. Approve 2022 State Legislative Priorities 107-152 G. Approve Resolution No. 22-011 in Support of Local Option Sales Tax 153-156 H. Approve 2022 Council Appointments, Assignments and Reimbursements, Resolution No. 22-012 157-160 4. Public Hearing 5. Old Business A. 6300 Olson Memorial Highway (Golden Valley Business Center) 1. Approve Ordinance No 724 – Amending the Zoning Map and Rezoning from Office to Light Industrial 161-163 2. Approve of the Preliminary Plan for Subdivision 164-181 6. New Business All Ordinances listed under this heading are eligible for public input. A. COVID-19 Update From City Staff B. Review of Council Calendar 182 C. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment Golden Valley City Council Meeting January 18, 2022 Agenda Item 1. C. Adopt Resolution No. 22-009 Joining Cities Across Minnesota Declaring a Climate Emergency Prepared By Eric Eckman, Environmental Resources Supervisor Summary On December 21, 2021, upon recommendation by the City’s Environmental Commission, the Golden Valley City Council adopted Resolution No. 21-100 Declaring a Climate Emergency Impacting the Environment, Economy, and Human Health. The resolution highlights many climate-related impacts, brings awareness to the issue, reaffirms the City’s priorities and commitments, and asks state and federal leaders for funding, resources, and support to develop and implement climate mitigation and adaptation efforts as the City cannot fund these efforts on its own. In 2021, a non-partisan coalition of elected and appointed officials from cities of all sizes throughout Minnesota began meeting to discuss how to influence policy and regulations to help cities meet their climate and energy goals and accelerate the learning and spread of best practices and policy ideas. One of the ideas that gained momentum and support was for cities to come together to call for increased action on climate change by passing resolutions declaring climate emergencies. In January 2022, at least fifteen cities from this emerging coalition are taking-action locally and calling on the state and federal government for immediate assistance to address climate change and the adverse impacts it has on cities’ economic well-being and quality of life. Like Golden Valley, the cities of Duluth and Minneapolis, and Crystal Bay Township have already declared climate emergencies, and more cities in Minnesota are expected to announce declarations in the months ahead. By acting together simultaneously, the coalition of cities is hoping to amplify its impact and increase visibility to help leverage state and federal funding and support. With the adoption of Resolution #22-009, Golden Valley takes the important step of joining these other cities to collectively declare a climate emergency and work together to leverage state and federal leaders for assistance, while committing to carry out the actions outlined in Resolution #21-100. Although the term “emergency” is used in the resolution, staff would like to make clear this is not like other emergency orders. A Climate Emergency declaration differs from other types of local, state, and federal emergency declarations, which are typically issued in response to acute disasters such as City Council Regular Meeting Executive Summary City of Golden Valley January 18, 2022 2 floods, tornadoes, or the COVID-19 pandemic, and typically unlock emergency relief funding. This would not apply when declaring a Climate Emergency. Rather, this resolution is a tool to increase awareness and send a clear message about the City’s priorities, commitments, and actions. Financial Or Budget Considerations None at this time. Staff will continue to evaluate and communicate the resources needed to implement the City’s environmental goals, initiatives, plans, programs, and projects. Recommended Action Motion to adopt Resolution No. 22-009 Joining Cities Across Minnesota Declaring a Climate Emergency Impacting the Environment, Economy, and Human Health Supporting Documents • Resolution No. 22-009 Joining Cities Across Minnesota Declaring a Climate Emergency Impacting the Environment, Economy, and Human Health (2 pages) • Resolution No. 21-100 Declaring a Climate Emergency Impacting the Environment, Economy, and Human Health (5 pages) RESOLUTION NO. 22-009 RESOLUTION JOINING CITIES ACROSS MINNESOTA DECLARING A CLIMATE EMERGENCY IMPACTING THE ENVIRONMENT, ECONOMY, AND HUMAN HEALTH WHEREAS, on December 21, 2021, the Golden Valley City Council adopted Resolution No. 21-100 Declaring a Climate Emergency Impacting the Environment, Economy, and Human Health; WHEREAS, 2,012 jurisdictions in 34 countries including Duluth, Minneapolis, and Crystal Bay Township in Minnesota, have already declared climate emergencies in order to focus attention on the need for rapid action to address climate change; WHEREAS, in 2021 and 2022 a non-partisan coalition of elected and appointed officials from cities of all sizes throughout Minnesota has been meeting to discuss how to influence policy and regulations to help cities meet their climate and energy goals and accelerate the learning and spread of best practices and policy ideas; WHEREAS, in January 2022 at least fifteen cities from this emerging coalition are taking- action locally and calling on the state and federal government for immediate assistance to address climate change and the adverse impacts it has on cities’ economic well-being and quality of life, with more cities expected to announce declarations in the months ahead; WHEREAS, acting together with these communities now will magnify our impact and increase our visibility and leverage for state and federal funding and support; NOW, THEREFORE, BE IT RESOLVED, that Golden Valley joins this growing coalition of cities across Minnesota declaring that a climate emergency threatens our city, region, state, nation, humanity and the natural world. BE IT FURTHER RESOLVED, that Golden Valley commits to carrying out the actions outlined in Resolution No. 21-100 and working with this coalition to leverage state and federal assistance for local communities. Adopted by the City Council of Golden Valley, Minnesota this 18th day of January 2022. __________________________ Shepard M. Harris, Mayor ATTEST: ____________________________ Theresa J. Schyma, City Clerk DocuSign Envelope ID: 1DA87CA8-E466-4731-B50B-9A559F37E283 RESOLUTION NO. 21-100 RESOLUTION DECLARING A CLIMATE EMERGENCY IMPACTING THE ENVIRONMENT, ECONOMY, AND HUMAN HEALTH WHEREAS, in 2021 Golden Valley experienced numerous climate change - related impacts including a record June heat wave, drought conditions, water use restrictions, and poor air quality from drought -fueled forest fires prompting residents to restrict outdoor activity and remain indoors for periods, making it clear that the climate crisis is not only a future issue — it is affecting us here and now; WHEREAS, hundreds of Golden Valley properties are at risk of flooding and flood damage during heavy or intense precipitation events which can cause significant hardship and economic loss; WHEREAS, Golden Valley residents have increasingly reported experiencing drainage and flooding issues, high groundwater issues, and historically high surface water levels in water bodies throughout the community; WHEREAS, the frequency of daily rainfalls greater than 3 inches has increased 66% in the past century and annual precipitation in the Twin Cities increased from an average of 26.18 inches between 1940-1979 to an average of 30.92 inches between 1980-2018, increasing the frequency of flooding, landslides, freeze/thaw cycles, ice storms, rain on frozen ground events, and heavy snowstorms which put increased strain on city operations, residents, businesses, and the natural environment; WHEREAS, ice cover on Minnesota lakes has declined an average of 10-14 days over the past 50 years and winter temperatures are warming nearly ten times faster than summer temperatures, increasing by approximately 2.2 degrees Fahrenheit per decade since 1969 based on data collected at MSP airport; WHEREAS, the urban heat island effect causes nighttime temperatures in the first ring suburbs of Hennepin County to be 2 degrees Fahrenheit higher on average compared to surrounding areas and spikes to as much as 9 degrees Fahrenheit higher than surrounding areas during a heat wave, and is expected to increase due to climate change, affecting the health and well-being of residents; WHEREAS, the high -risk climate hazards for Golden Valley include invasive species and pests, more freeze/thaw cycles, more frequent and intense heavy rainfalls, and extreme heat, and the moderate -risk climate hazards include extreme wind events and tornadoes, diminished air quality, and vector -borne diseases as outlined in the DocuSign Envelope ID: 1DA87CA8-E46B-4731-B50B-9A559F37E283 Vulnerability Assessment in the Resilience and Sustainability chapter of Golden Valley's 2040 Comprehensive Plan; WHEREAS, extreme weather will create new challenges for Golden Valley's infrastructure and finances and will pose a threat to the health, safety, and economic vitality of our residents and businesses; WHEREAS, historic and present policies and decisions created disparate impacts for Black, Indigenous, People of Color and people of lower socioeconomic status; WHEREAS, the greatest burden from an inadequate response to the climate crisis will be felt by historically excluded, marginalized and underserved communities, the youngest generation including the children and grandchildren of Golden Valley community members, and future generations; WHEREAS, the impacts of climate change are affecting all residents, but the impacts will not be felt equally, and like other environmental justice issues, Hennepin County data show that our communities of color, low-income families, and residents with disabilities contribute least to the problem of climate pollution but are the most at risk from negative climate impacts, especially during flooding events, heat waves, and poor air quality days, and we acknowledge that those who have the least capacity torespondtoclimatechangewillbemostaffected; WHEREAS, in Minnesota, the ten warmest and wettest years ever recorded have all occurred since 1998, warming surface waters and leading to a significant loss of fish habitat for many prominent species as well as increasing the risk of harmful algae blooms, forests are changing as native northern species are strained by warming temperatures, crops are stressed by cycles of drought and floods, home insurance rates are rising faster than the national average and faster warming winters are leading to new pests as well as shorter winter recreation seasons; WHEREAS, the bi-partisan Next Generation Energy Act, passed by the Minnesota State Legislature and signed by then Governor Tim Pawlenty in 2007, committed our State to achieving an 80% reduction in greenhouse gas emissions by 2050 and with interim goals of 15% and 30% below 2005 greenhouse gas emissions levels by 2015 and 2025, respectively, with cities being key drivers of achieving these goals; WHEREAS, our State did not meet its 2015 goal, and is not yet on track to reach our future targets; DocuSign Envelope ID: 1DA87CA8-E46B-4731-B50B-9A559F37E283 WHEREAS, in April 2016 world leaders from 175 countries, including the United States, recognized the threat of climate change and the urgent need to combat it by signing the Paris Agreement, agreeing to "pursue efforts to limit the temperature increase to 1.5 degrees Celsius (2.7 degrees Fahrenheit)"; WHEREAS, we have already reached a temperature increase of nearly 1.1 degrees Celsius (nearly 2 degrees Fahrenheit) as compared to pre -industrial times and the widespread impacts already realized by this level of global warming demonstrate that the Earth is already too hot for safety and justice, as attested by increased and intensifying wildfires, floods, rising seas, diseases, droughts, and extreme weather, threatening the food security, water supply, and well-being of billions of people; WHEREAS, in August 2021 the Intergovernmental Panel on Climate Change IPCC), the United Nations body responsible for assessing the science related to climate change, released a report that stated "It is unequivocal that human influence has warmed the atmosphere and land," and that "Human influence has warmed the climate at a rate that is unprecedented in at least the last 2000 years," and "with every additional increment of global warming, changes in extremes continue to become larger," and "leaders at all levels must take immediate action to reduce greenhouse gas emissions to prevent catastrophic impacts"; WHEREAS, the Department of State, the Department of Defense, and the intelligence community have identified climate change as a threat to national security, and the Department of Homeland Security views climate change as a top homeland security risk; WHEREAS, recent scientific research indicates that to achieve the goal of limiting temperature increase to 1.5 degrees Celsius (2.7 degrees Fahrenheit), carbon emissions must be halved by 2030 and reach net zero global emissions by 2050; WHEREAS, a transition to a clean energy economy, if not carefully planned, would have a disruptive effect and impact on the livelihoods of many in our community while a well -planned transition may provide expanded job opportunities and affordable and reliable energy for local residents; WHEREAS, the massive scope and scale of action necessary to stabilize the climate will require unprecedented levels of public awareness, engagement, and deliberation to develop and implement effective, just, and equitable policies to address climate change; DocuSign Envelope ID: 1DA87CA8-E466-4731-B50B-9A559F37E283 WHEREAS, 2,012 jurisdictions in 34 countries including Minnesota leaders Duluth, Minneapolis, and Crystal Bay Township, have already declared climate emergencies in order to focus attention on the need for rapid action to address climate change; WHEREAS, acting together with these other communities now will magnify our impact, and increase our visibility and leverage for state and federal funding and support; NOW, THEREFORE, BE IT RESOLVED, that Golden Valley declares that a climate emergency threatens our city, region, state, nation, humanity and the natural world. BE IT FURTHER RESOLVED, Golden Valley commits to working for a just transition to a clean energy economy and climate emergency mobilization effort and will: Continue to collaborate with residents, businesses, institutions, and non -profits to implement its Resilience and Sustainability Plan, Energy Action Plan, Natural Resources Management Plan, and Surface Water Management Plan, all of which contain goals, objectives, policies, and actions to help address climate impacts Continue to implement its Equity Plan including actions and practices that promote economic prosperity for all Continue to implement GreenStep Cities best practices related to energy, climate actions, climate adaptation and community resilience Work with the City's Environmental Commission to address climate impacts and improve the environment, economy, and human health through the development and implementation of its annual work plan Update and implement its 10-year capital improvement program with an increasing focus on sustainability, equity, and climate adaptation Position the City with shovel -ready projects to take advantage of state and federal infrastructure funding and climate action funding opportunities Consider the environment, energy, and climate in the development of its annual legislative priorities Strategically partner with Hennepin County to implement its Climate Action Plan and help the County achieve its goal to reduce greenhouse gas emissions by 45% from 2010 levels by 2030 and achieve net zero emissions by 2050 Consider advancing the development of a Citywide climate action plan sooner than 2030 as scheduled in the City's Resilience and Sustainability Plan Continue to explore and secure the resources needed to fulfill its environmental goals and commitments DocuSign Envelope ID: 1DA87CA8-E46B-4731-B50B-9A559F37E283 BE IT FURTHER RESOLVED, Golden Valley calls on the Minnesota legislature and executive branch to immediately and aggressively support cities of all sizes around Minnesota to both mitigate and adapt to the effects of climate change including providing funding and resources for the development and implementation of climate action plans. BE IT FURTHER RESOLVED, Golden Valley calls on the federal government to immediately commit resources to support the climate mitigation and adaptation efforts of cities large and small, to invest in the infrastructure needed for a resilient, sustainable, and equitable future, to ensure that investment is at the scale needed, and to provide the necessary global leadership to keep global warming to 1.5 degrees Celsius (2.7 degrees Fahrenheit). Adopted by the City Council of Golden Valley, Minnesota this 21 st day of December 2021. ATTEST: FT DocuSigned by: ti. 5AF» Theresa J. Schyma, City Clerk DocuSigned by: S(Ltparj At. RaU' s n-9 EEeot'B7 Shepard M. Harris, Mayor REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1. Call to Order Mayor Harris called the meeting to order at 6:30 pm. A. Pledge of Allegiance B. Roll Call Present: Mayor Shep Harris, Council Members Larry Fonnest, Maurice Harris, Gillian Rosenquist and Kimberly Sanberg Staff present: City Manager Cruikshank, City Attorney Cisneros, Planning Manager Zimmerman, Assistant City Engineer Kakach, Environmental Resources Supervisor Eckman, MN GreenCorps Member Schwantes, Physical Development Director Nevinski, Parks and Recreation Director Birno, and City Clerk Schyma C. Proclamation Recognizing July as Parks & Recreation Month Parks & Recreation Director Rick Birno presented an overview of the proclamation. John Cornelius, Open Space and Recreation Commission, thanked the Council for their support. Motion by Sanberg, Second by Rosenquist to support a proclamation Recognizing July as Parks & Recreation Month. Motion carried 5-0. D. Presentation of Minnesota Recreation and Parks Association 2020 Awards of Excellence to the City of Golden Valley Alyssa Fram, MRPA Awards Committee representative, presented awards to the City of Golden Valley Parks and Recreation Department. The programs that received recognition include the Cooperative Virtual Bike Rodeo and the HomeReced virtual program. Recreation Supervisor John Stutzman and Recreation Coordinator Maddy Champa also discussed the awards and programs. July 6, 2021 – 6:30 pm Hybrid Meeting City of Golden Valley City Council Regular Meeting July 6, 2021 – 6:30 pm 2 2. Additions and Corrections to Agenda Motion by Rosenquist, Second by Fonnest to approve the meeting agenda as submitted. Motion carried 5-0. 3. Consent Agenda Motion by M. Harris, Second by Sanberg to approve the Consent Agenda as revised: removal of Items #3C1 - Accept Resignations from the DEI commission, #3F - Authorize Agreement for Residential Home Energy Squad Visits, and #3G - Approve Host Site Agreement with Minnesota Pollution Control Agency as a Minnesota GreenCorps Host Site, Resolution No. 21- 53. Motion carried 5-0. A. Approval of Minutes 1. Regular City Council Meeting – March 2, 2021 2. Regular City Council Meeting – March 16, 2021 3. Regular City Council Meeting – April 6, 2021 4. Regular City Council Meeting – April 20, 2021 5. Regular City Council Meeting – May 4, 2021 6. Regular City Council Meeting – May 18, 2021 B. Approval of City Check Register C. Boards, Commissions, and Task Forces: 1. Accept Resignations from the DEI commission D. Approval of Bids, Quotes and Contracts: 1. Approve Purchase of Building Security Equipment from Ideacom Mid-America and RCN Technologies 2. Approve Purchase of Three Ford F-550 Trucks from Boyer Ford Trucks and Towmaster Truck Equipment 3. Authorize Agreements with Union Pacific Railroad for Replacement of Street Crossings at 10th Avenue and Mendelssohn Avenue 4. Authorize Change Order #1 for I-394 Inflow and Infiltration Phase 3 City Project #21- 24 5. Approve Microsoft Office 365 Volume Licensing Contract 6. Authorize Professional Subscription Services Agreement for a Project Management Software Solution with SmartSheet E. Grants and Donations: 1. Authorize Grant Application with the Department of Natural Resources for DeCola Ponds SEA School-Wildwood Park Flood Storage Project, Resolution No. 21-51 City of Golden Valley City Council Regular Meeting July 6, 2021 – 6:30 pm 3 2. Approve Receipt of Community Safety Grant from CenterPoint Energy, Resolution No. 21-52 F. Authorize Agreement for Residential Home Energy Squad Visits G. Approve Host Site Agreement with Minnesota Pollution Control Agency as a Minnesota GreenCorps Host Site, Resolution No. 21-53 3. Items Removed From the Consent Agenda: 3C1. Accept Resignations from the DEI commission Council Member Harris wanted to acknowledge the individuals resigning and thank them for their work on various commissions. Motion by M. Harris, Second by Rosenquist to accept the resignations of Jonathan Burris and Brad Taylor-White from the DEI Commission. Motion carried 5-0. 3F. Authorize Agreement for Residential Home Energy Squad Visits Council Member Fonnest discussed climate change and wanted to draw attention to this agreement. Environmental Resources Supervisor Eckman, MN GreenCorps Member Story Schwantes, and Stacey Boots Camp, Xcel Energy, discussed the Home Energy Squad. Motion by Fonnest, Second by Sanberg to Authorize the City Manager to enter into an Agreement with the Center for Energy and Environment for Residential Home Energy Squad Visits in a form approved by the City Attorney. Motion carried 5-0. 3G. Approve Host Site Agreement with Minnesota Pollution Control Agency as a Minnesota GreenCorps Host Site, Resolution No. 21-53 Council Member Fonnest wanted to thank Story Schwantes for her year of service with the City of Golden Valley through the Minnesota GreenCorps. Environmental Resources Supervisor Eckman discussed the plans for the upcoming year. Motion by Fonnest, Second by Rosenquist to adopt Resolution No. 21-53 to enter into Host Site Agreement with the Minnesota Pollution Control Agency as a Minnesota GreenCorps Host Site. City of Golden Valley City Council Regular Meeting July 6, 2021 – 6:30 pm 4 Motion carried 5-0 with unanimous approval. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A) 4. Public Hearing A. Public Hearing – Amendments to the Zoning Map – Rezoning Certain Properties in Scheid Park and on Golden Valley Road in Order to Alignment with the 2040 Comprehensive Plan, Ordinance No. 717 Planning Manager Jason Zimmerman presented the staff report. Mayor Harris opened the public hearing. As there were no comments, the public hearing was closed. Motion by M. Harris, Second by Sanberg to adopt Ordinance #717, Rezoning Certain Properties in Scheid Park and on Golden Valley Road in Order to Achieve Alignment with the 2040 Comprehensive Plan. Motion carried 5-0 with unanimous approval. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A) 5. Old Business 6. New Business A. Review of Council Calendar B. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment Motion by Sanberg, Second by M. Harris to adjourn the meeting at 7:39 pm. Motion carried 5-0. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public 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 Mayor Harris called the meeting to order at 6:30 pm. A. Pledge of Allegiance B. Roll Call Present: Mayor Shep Harris, Council Members Larry Fonnest, Maurice Harris, Gillian Rosenquist and Kimberly Sanberg Staff present: City Manager Cruikshank, City Attorney Cisneros, Police Chief Sturgis, Equity and Inclusion Manager Zackery, and City Clerk Schyma 2. Additions and Corrections to Agenda Motion by Fonnest, Second by Sanberg to approve the meeting agenda as submitted. Motion carried 5-0. 3. Consent Agenda Motion by Rosenquist, Second by M. Harris to approve the Consent Agenda as revised: removal of Items #3D1 - Accept Resignation from the Planning Commission and #3D3 - Receive and File Rising TIDES Task Force Final Report. Motion carried 5-0. A. Approval of Minutes 1. Regular City Council Meeting – June 15, 2021 B. Approval of City Check Register C. Licenses 1. Approve Temporary On-Sale Liquor License – Good Shepherd Catholic Church D. Boards, Commissions, and Task Forces: 1. Accept Resignation from the Planning Commission 2. Receive and File Police Commission Task Force Final Report 3. Receive and File Rising TIDES Task Force Final Report E. Approval of Bids, Quotes and Contracts: 1. Approve Contract for Pavement Preservation with Corrective Asphalt Materials, LLC July 20, 2021 – 6:30 pm Hybrid Meeting City of Golden Valley City Council Regular Meeting July 20, 2021 – 6:30 pm 2 2. Approve First Amendment to a Professional Services Agreement with BKV Group F. Approve Golden Valley Fire Relief Association By-Law Pension Amount, Resolution No. 21-54 G. Approve Remote Meeting Policy, Resolution No. 21-55 H. Authorize City Manager to Sign an Amendment to Flexible Spending Benefit Plan 3. Items Removed From the Consent Agenda: 3D1. Accept Resignation from the Planning Commission Council Member Rosenquist thanked Ryan Sadeghi for his time and contributions to the Planning Commission. Motion by Rosenquist, Second by Fonnest to accept the resignation of Ryan Sadeghi from the Planning Commission. Motion carried 5-0. 3D3. Receive and File Rising TIDES Task Force Final Report Mayor Harris thanked the Task Force and staff who spent countless hours working for the betterment of the community. Motion by S. Harris, Second by M. Harris to receive and file the Rising TIDES Task Force Final Report. Motion carried 5-0. 4. Public Hearing 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. A. First Consideration of Ordinance Nos. 718 and 719 - Abolishing Civil Service Commission and Creating Police Employment Accountability and Community Engagement Commission Equity and Inclusion Manager Zackery and City Attorney Cisneros presented the staff report and answered questions from Council. Council Member Rosenquist thanked the Task Force for their hard work with this process. City of Golden Valley City Council Regular Meeting July 20, 2021 – 6:30 pm 3 All members of the Police Commission Task Force (PCTF) were invited to attend tonight’s meeting either in-person or remotely. Council invited Task Force members to share their comments and Mayor Harris opened the item for public comment. Randy Anderson, PCTF member, spoke in favor of allowing staff to have voting privileges on the PEACE Commission. Golden Valley Police Officer Dan Feldman, PCTF member, spoke in favor of allowing staff to have voting privileges on the PEACE Commission. Miguel Cisneros, resident of Golden Valley, stated he is opposed to granting staff voting privileges on a resident advisory commission. Council Member Rosenquist read a statement from Nancy Azzam, PCTF member, stating that she supports the Final Report of the Task Force as it was originally written. Diane Halsey, resident of Golden Valley, spoke about the healing that needs to occur in Golden Valley not just due to previous actions of police officers but of the current environment. She is supportive of a new PEACE Commission. Police Sergeant Randy Mahlen, PCTF member, enjoyed being on the Task Force and spoke in favor of allowing staff to have voting privileges on the PEACE Commission. Stephanie Devitt, resident of Golden Valley, stated that part of this conversation is about balance of power. It is important to create a safe space where the leadership and power of the commission are given to those in the community who are most impacted. Mayor Harris asked about the timing of abolishing the Civil Service Commission and whether the decision can be delayed for a couple of months. City Attorney Cisneros responded about how a delay could potentially impact hiring processes. Council Member Sanberg stated that there seems to be consensus with everything except voting privileges for Police Department staff that would serve as members on the commission. Mayor Harris agrees with Council Member Sanberg regarding staff not having voting privileges on a resident advisory commission. Voting privileges for staff may seem equal but it is not necessarily equitable. He added that bylaws can be amended in the future if the Council believes changes need to be made. Motion by Rosenquist, Second by Fonnest to Approve First Consideration of Ordinance No. 718 Repealing City Code § 2-130 to Abolish the Civil Service Commission. City of Golden Valley City Council Regular Meeting July 20, 2021 – 6:30 pm 4 Motion carried 5-0 with unanimous approval. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A) Motion by Sanberg, Second by Rosenquist to Approve First Consideration of Ordinance No. 719 creating PEACE Commission. Motion carried 4-1. (In Favor: M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: Fonnest) B. Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. C. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment Motion by Rosenquist, Second by M. Harris to adjourn the meeting at 8:18 pm. Motion carried 5-0. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public 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 Mayor Harris called the meeting to order at 6:58 pm. A. Pledge of Allegiance B. Roll Call Present: Mayor Shep Harris, Council Members Larry Fonnest, Maurice Harris, Gillian Rosenquist and Kimberly Sanberg Staff present: City Manager Cruikshank, Physical Development Director Nevinski, Assistant City Engineer Kakach, Police Chief Sturgis, Police Sergeant Randy Mahlen, Equity and Inclusion Manager Zackery, and City Clerk Schyma 2. Additions and Corrections to Agenda Motion by Fonnest, Second by Rosenquist to approve the meeting agenda as submitted. Motion carried 5-0. 3. Consent Agenda Motion by Rosenquist, Second by M. Harris to approve the Consent Agenda as revised: removal of Items #3D1 - Accept Resignation from the Planning Commission and #3D3 - Receive and File Rising TIDES Task Force Final Report. Motion carried 5-0. A. Approval of Minutes 1. Special City Council Closed Executive Session – July 20, 2021 B. Approval of City Check Register C. Licenses 1. Approve General Business License – Motor Vehicle Dealer – Twin Cities Performance D. Boards, Commissions, and Task Forces: 1. Approve Appointment to the Planning Commission 2. Approve Reappointments to the Diversity, Equity, and Inclusion Commission (DEIC) 3. Receive and File Meeting Minutes – Environmental Commission – June 28, 2021 E. Grants and Donations: August 4, 2021 – 6:30 pm Hybrid Meeting City of Golden Valley City Council Regular Meeting July 20, 2021 – 6:30 pm 2 1. Approve Accepting Donation of an Electric Polaris Ranger Side by Side Utility Vehicle from the Crime Prevention Fund, Resolution No. 21-56 F. Receive and File Financial Reports From Previous Quarter G. Authorize Feasibility Study for Streetlight and Overhead Utility Line Burial on Spring Valley Road 3. Items Removed From the Consent Agenda: 3D1. Approve Appointment to the Planning Commission Council Member Rosenquist welcomed Michael Ruby to the Planning Commission. Motion by Rosenquist, Second by Sanberg to appoint Michael Ruby to the Planning Commission. Motion carried 5-0. 4. Public Hearing 5. Old Business A. Approval of Ordinance No. 713 - Zoning Map Amendment for a portion of the property at 7001 Golden Valley Road, Golden Valley Country Club City Planner Myles Campbell presented the report. He noted that the public hearing for this item closed at the May 4 City Council Meeting. Motion by M. Harris, Second by Rosenquist to Approve Ordinance No. 713, Amending the Zoning Map to change the zoning designation for the proposed parcel as described in the land survey from Institutional Sub-district I-4, to Single Family Residential R-1. Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A) 6. New Business All Ordinances listed under this heading are eligible for public input. A. Second Consideration of Ordinance Nos. 718 and 719 - Abolishing Civil Service Commission and creating Police Employment Accountability and Community Engagement (PEACE) Commission; Approval of Resolution No. 21-57 Authorizing Summary Publication of Ordinance No. 719; and Approval of PEACE Commission Bylaws Equity and Inclusion Manager Zackery presented the staff report and answered questions from Council. City of Golden Valley City Council Regular Meeting July 20, 2021 – 6:30 pm 3 All members of the Police Commission Task Force (PCTF) were invited to attend tonight’s meeting either in-person or remotely. Council invited Task Force members to share their comments and Mayor Harris opened the item for public comment. Chris Hartzler, PCTF member, said it was an honor to serve on this task force. Chris stated he is now in favor of having staff members serving in ex-officio roles on the new PEACE Commission and not having voting rights to keep the power in balance. Ruth Paradise, 8515 Duluth Street, asked about privacy concerns when collecting data. Motion by Rosenquist, Second by Fonnest to Approve Second Consideration of Ordinance No. 718 Repealing City Code § 2-130 to Abolish the Civil Service Commission. Motion carried 5-0 with unanimous approval. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A) Motion by Rosenquist, Second by M. Harris to Approve Second Consideration of Ordinance No. 719 creating PEACE Commission. Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A) Motion by Sanberg, Second by Rosenquist to Approve Resolution No. 21-57 Authorizing Summary Publication of Ordinance No. 719. Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A) Motion by Fonnest, Second by Sanberg to Approve PEACE Commission Bylaws. Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A) B. Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. C. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment Motion by M. Harris, Second by Rosenquist to adjourn the meeting at 8:14 pm. Motion carried 5-0. City of Golden Valley City Council Regular Meeting July 20, 2021 – 6:30 pm 4 ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1. Call to Order Mayor Pro Tempore Sanberg called the meeting to order at 6:30 pm. A. Pledge of Allegiance B. Roll Call Present: Mayor Pro Tempore Kimberly Sanberg, Council Members Larry Fonnest, Maurice Harris, and Gillian Rosenquist Absent: Mayor Shep Harris Staff present: City Manager Cruikshank, City Attorney Cisneros, Planning Manager Zimmerman, City Planner Campbell, Assistant City Engineer Kakach, Physical Development Director Nevinski, City Engineer Oliver, and City Clerk Schyma 2. Additions and Corrections to Agenda Mayor Pro Tem Sanberg announced an addition to the agenda, Item #3D5 – Approve Appointments to the Diversity, Equity, and Inclusion Commission. Motion by M. Harris, Second by Rosenquist to approve the meeting agenda as amended. Motion carried 4-0. 3. Consent Agenda Motion by M. Harris, Second by Rosenquist to approve the Consent Agenda as revised: removal of Items #3D1 - Accept Resignation from the Planning Commission, #3D5 - Approve Appointments to the Diversity, Equity, and Inclusion Commission, #3F2 - Approve Resolution No. 21-60 Accepting a Donation From the Golden Valley Community Foundation For a Youth and Family Music Performance, and #3J - Douglas Drive/Trunk Highway 55 Pedestrian Underpass and Roundabout Project #20-19. Motion carried 4-0. A. Approval of Minutes August 17, 2021 – 6:30 pm Hybrid Meeting City of Golden Valley City Council Regular Meeting August 17, 2021 – 6:30 pm 2 1. Special City Council Closed Executive Session – August 10, 2021 B. Approval of City Check Register C. Licenses 1. General Business License - New & Used Vehicle Sales Licenses 2. Temporary On-Sale Liquor License and Gambling License Exemption/Waiver of Notice Requirement – Church of St. Margaret Mary 3 Temporary On-Sale Liquor License – The Loppet Foundation D. Boards, Commissions, and Task Forces: 1. Accept Resignation from the Planning Commission 2. Receive and File Meeting Minutes – Joint Water Commission – January 6, 2021 3. Receive and File Meeting Minutes – Joint Water Commission – March 3, 2021 4. Receive and File Meeting Minutes – Joint Water Commission – May 5, 2021 5. Approve Appointments to the Diversity, Equity, and Inclusion Commission E. Bids, Quotes, and Contracts: 1. Approve Purchase of a Vactor Combo Sewer Truck from MacQueen Equipment 2. Approve Amendment to City Manager Employment Agreement, Resolution No. 21-58 and Accept Summary of Conclusion Regarding City Manager Performance Evaluation from Closed Executive Session on August 10, 2021 3. Authorize Change Order #1 with GMH Asphalt Corporation for 2021 Bike Lanes and Laurel Avenue Mill and Overlay Project #20-02 4. Approve Tolling Agreement Re: In Re Municipal Stormwater Pond (Case No. 18-cv- 3495) F. Grants and Donations: 1. Approve Resolution No. 21-59 Accepting Grant Funding From Minnesota Pollution Control Agency (MPCA) and the Alternative Landscaping Equipment Grant Program For the Purchase of Battery Operated Landscaping Equipment For Use at Brookview 2. Approve Resolution No. 21-60 Accepting a Donation From the Golden Valley Community Foundation For a Youth and Family Music Performance G. Approve Resolution No. 21-61, Rescinding Resolution No. 16-13 and Adopting a New Neighborhood Notification Policy H. Approve Amendment to Temporary Employment Policy - Extending PTO and Vacation Maximum Accrual I. Approve Resolution No. 21-62 Ordering a Feasibility Study for Streetlight and Overhead Utility Line Burial on Spring Valley Road J. Douglas Drive/Trunk Highway 55 Pedestrian Underpass and Roundabout Project #20-19 1. Adopt Resolution No. 21-63 Accepting Funding from Minnesota Management and Budget (MMB) 2. Approve Final Design and Right of Way Services with WSB & Associates 3. Items Removed From the Consent Agenda: 3D2. Accept Resignation from the Planning Commission City of Golden Valley City Council Regular Meeting August 17, 2021 – 6:30 pm 3 Council Member Fonnest recognized Ron Blum for his service and commitment to Golden Valley. Motion by Rosenquist, Second by Fonnest to accept the resignation of Ron Blum from the Planning Commission. Motion carried 4-0. 3D5. Approve Appointments to the Diversity, Equity, and Inclusion Commission Motion by M. Harris, Second by Fonnest to appoint Jonathan Kim to the Diversity, Equity, and Inclusion Commission. Motion carried 4-0. 3F2. Approve Resolution No. 21-60 Accepting a Donation From the Golden Valley Community Foundation For a Youth and Family Music Performance Council Member Fonnest thanked the Golden Valley Community Foundation for their gift. Motion by Fonnest, Second by Rosenquist to approve Resolution No. 21-60 Accepting a Donation From the Golden Valley Community Foundation For a Youth and Family Music Performance. Motion carried 4-0. 3J. Douglas Drive/Trunk Highway 55 Pedestrian Underpass & Roundabout Project #20-19 1. Adopt Resolution No. 21-63 Accepting Funding from Minnesota Management and Budget (MMB) 2. Approve Final Design and Right of Way Services with WSB & Associates City Engineer Oliver presented the staff report and discussed the project in more detail. Motion by Rosenquist, Second by M. Harris to Adopt Resolution No. 21-63 Accepting Funding from Minnesota Management and Budget (MMB). Motion carried 4-0. Motion by Rosenquist, Second by Fonnest to authorize the Mayor and City Manager to execute an agreement for Final Design and Right of Way Services for Douglas Drive and Trunk Highway 55 Pedestrian Underpass and Roundabout Project #20-19 in the form approved by the City Attorney with WSB & Associates for an amount not to exceed $512,184. City of Golden Valley City Council Regular Meeting August 17, 2021 – 6:30 pm 4 Motion carried 4-0. 4. Public Hearing A. Public Hearing – Ordinance No. 720 Amending the City Code to Better Regulate Pawnshops, Precious Metal Dealers, Consumer Small Loan Lenders and Currency Exchanges City Planner Myles Campbell presented the report. Mayor Pro Tem Sanberg opened the public hearing. Shannon Black, resident, stated she appreciated the work on this topic and she would like to see this issue go further and consider caps for these businesses. Mayor Pro Tem Sanberg closed the public hearing. Motion by Fonnest, Second by Rosenquist to adopt Ordinance No. 720, amending the text of Section 113-1: Definitions and Section 113-92: Commercial Zoning District, in order to better regulate pawnshops, precious metal dealers, consumer small loan lenders and currency exchanges. Motion carried 4-0 with unanimous approval. (In Favor: Fonnest, M. Harris, Rosenquist, Sanberg. Opposed: N/A) B. Public Hearings on Residential Street Light District Spring Valley Road Assistant City Engineer R.J. Kakach presented the report. He noted that the street light improvement and assessment public hearings for Item #4B would be combined. Mayor Pro Tem Sanberg opened the combined public hearing. Jackie Day, 1334 Spring Valley Road, had questions regarding the existing relationship between the City and the utility company. She is wondering how this project can proceed. Mayor Pro Tem Sanberg closed the public hearing. Motion by Rosenquist, Second by M. Harris to close the residential street light improvement and assessment public hearings and take no other action at this time due to recent cost dispute with private utility company. Motion carried 4-0 with unanimous approval. (In Favor: Fonnest, M. Harris, Rosenquist, Sanberg. Opposed: N/A) City of Golden Valley City Council Regular Meeting August 17, 2021 – 6:30 pm 5 C. Public Hearing on Residential Overhead Utility Line Burial on Spring Valley Road Assistant City Engineer R.J. Kakach presented the report. He noted that the overhead utility line burial and assessment public hearings for Item #4C would be combined. Mayor Pro Tem Sanberg opened the combined public hearing. As there were no comments, the public hearing was closed. Motion by Rosenquist, Second by M. Harris to close the overhead utility line burial improvement and assessment public hearings and take no other action at this time. Motion carried 4-0 with unanimous approval. (In Favor: Fonnest, M. Harris, Rosenquist, Sanberg. Opposed: N/A) 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. A. Review of Council Calendar B. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment Motion by Rosenquist, Second by M. Harris to adjourn the meeting at 7:24 pm. Motion carried 5-0. ________________________________ ATTEST: Shepard M. Harris, Mayor ________________________________ Theresa J. Schyma, City Clerk REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public 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 Mayor Harris called the meeting to order at 6:30 pm. A. Pledge of Allegiance B. Roll Call Present: Mayor Shep Harris, Council Members Maurice Harris, Gillian Rosenquist and Kimberly Sanberg Absent: Council Member Larry Fonnest Staff present: City Manager Cruikshank, City Attorney Cisneros, City Engineer Oliver, Assistant City Engineer Kakach, Interim Police Chief Nadeau, Police Commander Kuhnly, Physical Development Director Nevinski, and City Clerk Schyma C. Presentation of a Certificate of Recognition to Alexandra Wilcox for Winning the Title of 2021 National American Miss Minnesota Jr. Pre-Teen Mayor Harris discussed Alexandra Wilcox’s accomplishment of Winning the Title of 2021 National American Miss Minnesota Jr. Pre-Teen and presented her with a certificate of recognition. Alexandra performed her speech “Liberty and Justice for ALL” that raises awareness of cultural diversity. Mayor Harris will present the certificate of recognition to Alexandra Wilcox. Mayor Harris also welcomed Interim Police Chief Scott Nadeau to Golden Valley. 2. Additions and Corrections to Agenda Mayor Harris stated that Item #3C3 should be removed from the agenda as there are no appointments taking place at this meeting. Motion by M. Harris, Second by Rosenquist to approve the meeting agenda as amended. Motion carried 4-0. September 9, 2021 – 6:30 pm Hybrid Meeting City of Golden Valley City Council Regular Meeting September 9, 2021 – 6:30 pm 2 3. Consent Agenda Motion by Rosenquist, Second by Sanberg to approve the Consent Agenda as revised: removal of Items #3C2 - Accept Resignation from the Human Services Commission; #3E1 - Approve Resolution No. 21-66 Accepting $10,390 Play Structure Equipment Credit Grant from the GameTime Cares Grant Program for South Tyrol Park; #3E2 - Approve Resolution No. 21- 67 Accepting Donation from Kate Richardson, in the name of John Michael “Mike” Richardson; and #3E3 - Approve Resolution No. 21-68 Accepting Donation from Ronald and Mary Werft in the name of retired firefighter Bernie Vrona. Motion carried 4-0. A. Approval of Minutes 1. Special City Council Meeting (Interviews) – August 17, 2021 2. Special City Council Closed Executive Session – August 17, 2021 B. Approval of City Check Register C. Boards, Commissions, and Task Forces: 1. Receive and File Meeting Minutes – Environmental Commission – July 26, 2021 2. Accept Resignation from the Human Services Commission 3. Board/Commission Appointments D. Bids, Quotes, and Contracts: 1. Authorize Agreement for Vertical Leveling (Survey Benchmarks) with Bolton & Menk, Project #21-26 2. Approve Purchase of a Trash Compactor from ABM Equipment & Supply 3. 2023 Pavement Management Program a. Authorize Preparation of Feasibility Report, Resolution No. 21-64 b. Authorize Professional Services Agreement with Short Elliot Hendrickson, Inc. 4. Approve Resolution No. 21-65 Relating to the Financing of City’s 2023 Pavement Management Program 5. Authorize Agreement for Professional Services for the Design and Coordination of Quite Zone Medians on Douglas Drive at the Canadian Pacific Railroad Crossing with WSB Engineering E. Grants and Donations: 1. Approve Resolution No. 21-66 Accepting $10,390 Play Structure Equipment Credit Grant from the GameTime Cares Grant Program for South Tyrol Park 2. Approve Resolution No. 21-67 Accepting Donation from Kate Richardson, in the name of John Michael “Mike” Richardson 3. Approve Resolution No. 21-68 Accepting Donation from Ronald and Mary Werft in the name of retired firefighter Bernie Vrona F. Adopt Resolution No. 21-69 to Order Feasibility Study for Streetlight District for Regent Avenue North and Minnaqua Drive City of Golden Valley City Council Regular Meeting September 9, 2021 – 6:30 pm 3 3. Items Removed From the Consent Agenda: 3C2. Accept Resignation from the Human Services Commission Council Member Harris thanked Jacob Rudeen for his time and contributions to the Human Services Commission. Motion by M. Harris, Second by Rosenquist to accept the resignation of Jacob Rudeen from the Human Services Commission. Motion carried 4-0. 3E1. Approve Resolution No. 21-66 Accepting $10,390 Play Structure Equipment Credit Grant from the GameTime Cares Grant Program for South Tyrol Park Council Member Sanberg discussed the grant for South Tyrol Park. Mayor Harris stated he would be recusing himself from the discussion and vote due to a potential conflict of interest. Motion by Sanberg, Second by M. Harris to Approve Resolution No. 21-66 Accepting $10,390 Play Structure Equipment Credit Grant from the GameTime Cares Grant Program for South Tyrol Park. Motion carried 3-0. 3E2. Approve Resolution No. 21-67 Accepting Donation from Kate Richardson, in the name of John Michael “Mike” Richardson Council Member Rosenquist stated her appreciation for the donation. Motion by Rosenquist, Second by M. Harris to Approve Resolution No. 21-67 Accepting Donation from Kate Richardson, in the name of John Michael “Mike” Richardson. Motion carried 4-0. 3E3. Approve Resolution No. 21-68 Accepting Donation from Ronald and Mary Werft in the name of retired firefighter Bernie Vrona Council Member Rosenquist stated her appreciation for the donation. City of Golden Valley City Council Regular Meeting September 9, 2021 – 6:30 pm 4 Motion by Rosenquist, Second by Sanberg to Approve Resolution No. 21-68 Accepting Donation from Ronald and Mary Werft in the name of retired firefighter Bernie Vrona. Motion carried 4-0. 4. Public Hearing A. Formal Public Hearing – Preliminary Plan for Golden Valley Country Club Villas, 7001 Golden Valley Road – PUD No. 126 City Planner Myles Campbell presented the report. Mayor Harris opened the public hearing. Eric Boe, 1023 Quebec Avenue North, discussed the significant elevation changes in the current plan. He further stated he is concerned about pedestrian safety. Lisa Boe, 1023 Quebec Avenue North, stated she wishes that the project would meet setbacks and that the City is not getting much in return. Chris Laudman, 7440 Plymouth Avenue, agrees with his neighbors that have spoken already regarding safety issues. He believes this is a good project for the Country Club but not necessarily for the neighborhood. LJ Rotman, 219 Ardmore Drive and member of the Golden Valley Country Club, stated his support for this project and what it will bring to the City of Golden Valley. Mike Waldo, CEO of Ron Clark Construction, discussed the proposed development concept to develop a new single-family Villa neighborhood in Golden Valley in conjunction with the Golden Valley Country Club. Tonya Laudman, 7440 Plymouth Avenue, stated she has concerns with this project and that it is more developer-friendly than neighborhood-friendly. She believes this development will cause disruption and safety issues in the neighborhood. Brooke Behn, 1300 Kelly Drive, stated she agrees with the safety concerns and comments that were voiced earlier by the Laudman’s and Boe’s. Mayor Harris closed the public hearing. Staff provided the Council with three options for recommended action. The Council consensus was to bring Option #3 to a vote. City of Golden Valley City Council Regular Meeting September 9, 2021 – 6:30 pm 5 Motion by Rosenquist, Second by Sanberg to approve the Preliminary Plan for Golden Valley Country Club Villas PUD No. 126, based on the findings above, staff recommends the approv be subject to the following conditions: 1. Final PUD Plans shall include details on the location, design, and other relevant features of the public amenities being provided, including the public art, pedestrian & bicycle facilities, and electric vehicle charging stations. a. Details on the final design or content of the public art may be waived until such time as the nearby community has been consulted. 2. Final PUD Plans shall be updated to provide individual lot coverage calculations in order to determine the degree of flexibility being provided from R-1 district requirements 3. Final PUD Plans shall provide details on the maximum height of the proposed structures to determine any flexibilities from the City’s Building Envelope requirements. 4. The required park dedication fee shall be paid prior to the release of the final plat. 5. Landscaping must include native vegetation and low maintenance turf alternatives to sod wherever possible, and especially in common areas, on slopes, and in low- use areas. Sod should be avoided within the 50 foot shoreland setback areas and shall not be permitted in any areas covered by conservation easement 6. Applicant shall provide a copy of the engineered irrigation plan mentioned in their application with the Final PUD Plan. 7. The stub of the public road serving lots 6&7 should be removed and converted to private access of some form for these lots. 8. Overhead power adjacent to and within development must be buried as well as all utilities serving the site; joint trench is preferred to maximize efficient use of right- of-way. 9. Sanitary sewer main in Pennsylvania Avenue must be lined for I&I compliance and any existing sanitary sewer stubs to the site must be abandoned. 10. Final PUD Plans must identify and show all existing and proposed steep slope and bluff areas within the shoreland area and establish a minimum setback from such areas to the proposed homes, or otherwise provide an alternative plan to mitigate impacts. 11. Areas of the PUD within 300’ of Bassett Creek must provide a minimum 50% open space. 12. Dedicate conservation easements over shoreland setback areas, steeper slopes, and higher quality natural and ecological areas within and adjacent to the development site. 13. Applicant shall submit HOA documents and all other private easements, covenants, dedications and restrictions for the development prior to approval of the Final PUD Plan. 14. Applicant shall provide plans or other materials to demonstrate the purpose of Outlot B within the PUD beyond unused open space, such as reforestation, utility service, or public use, prior to submittal of the Final PUD Plan City of Golden Valley City Council Regular Meeting September 9, 2021 – 6:30 pm 6 Motion carried 3-1. (In Favor: S. Harris, Rosenquist, Sanberg. Opposed: M. Harris) 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. A. Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. B. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment Motion by Rosenquist, Second by Sanberg to adjourn the meeting at 9:44 pm. Motion carried 4-0. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1. Call to Order Mayor Harris called the meeting to order at 6:30 pm. A. Pledge of Allegiance B. Roll Call Present: Mayor Shep Harris, Council Members Larry Fonnest, Maurice Harris, Gillian Rosenquist and Kimberly Sanberg Staff present: City Manager Cruikshank, City Attorney Cisneros, Finance Director Virnig, Physical Development Director Nevinski, Housing and Economic Development Manager Shoquist, Assistant City Manager/Human Resources Director Santelices, City Planner Zimmerman, Assistant City Engineer Kakach, Environmental Resources Supervisor Eckman, and City Clerk Schyma 2. Additions and Corrections to Agenda Motion by Rosenquist, Second by M. Harris to approve the meeting agenda as submitted. Motion carried 5-0. 3. Consent Agenda Motion by M. Harris, Second by Sanberg to approve the Consent Agenda as revised: removal of Items #3D2 - Approve Agreements for DeCola Ponds SEA School-Wildwood Park Flood Storage Project; #3D3 - Approve Agreements for Medley Park Stormwater Improvement Project; #3D5 - Approve Executive Search Consultant Contract with AB Strategic Security Group; #3E1 - Approve Resolution No. 21-70 Accepting the Federal Grant Funds from the American Rescue Plan Act (ARPA) the American Rescue Plan Act; and #3F - Approve Resolution No. 21-71 Appointing Election Judges and Establishing an Absentee Ballot Board for the General Election on Tuesday, November 2, 2021. Motion carried 5-0. September 21, 2021 – 6:30 pm Hybrid Meeting City of Golden Valley City Council Regular Meeting September 21, 2021 – 6:30 pm 2 A. Approval of Minutes 1. Special City Council Meeting (Interviews) – September 9, 2021 2. Special City Council Meeting (Interviews) – September 14, 2021 B. Approval of City Check Register C. Boards, Commissions, and Task Forces: 1. Appointment to the Planning Commission – Sophia Ginis D. Bids, Quotes, and Contracts: 1. Authorize City Manager to Sign License Agreement Amendment with Golden Valley Orchestra 2. Approve Agreements for DeCola Ponds SEA School-Wildwood Park Flood Storage Project: a. Grant Amendment with the Department of Natural Resources b. Cooperative Agreement with Bassett Creek Watershed Management Commission c. Professional Services Agreement with Barr Engineering Co for Final Design and Construction Services for the Project in an Amount Not to Exceed $415,900 3. Approve Agreements for Medley Park Stormwater Improvement Project: a. Cooperative Agreement with Bassett Creek Watershed Management Commission b. Professional Services Agreement with Barr Engineering Co for Final Design and Construction Services for the Project in an Amount Not to Exceed $353,000 4. Approve the Hennepin County Public Safety Radio Communications System Subscriber Agreement for the Police Department, Fire Department and Public Works Departments 5. Approve Executive Search Consultant Contract with AB Strategic Security Group 6. Approve Updated Memorandum of Understanding with the Robbinsdale School District Regarding Pilot Program for School and Public Safety Partnership E. Grants and Donations: 1. Approve Resolution No. 21-70 Accepting the Federal Grant Funds from the American Rescue Plan Act (ARPA) the American Rescue Plan Act F. Approve Resolution No. 21-71 Appointing Election Judges and Establishing an Absentee Ballot Board for the General Election on Tuesday, November 2, 2021 G. Approve Scheduling the Truth-in-Taxation (Proposed Property Tax) public hearing for Tuesday, December 7, 2021 at 6:30 pm 3. Items Removed From the Consent Agenda: 3D2. Approve Agreements for DeCola Ponds SEA School-Wildwood Park Flood Storage Project: a. Grant Amendment with the Department of Natural Resources b. Cooperative Agreement with Bassett Creek Watershed Management Commission City of Golden Valley City Council Regular Meeting September 21, 2021 – 6:30 pm 3 c. Professional Services Agreement with Barr Engineering Co for Final Design and Construction Services for the Project in an Amount Not to Exceed $415,900 Environmental Resources Supervisor Eckman presented the report. The Council voted on the following motions at once. Motion by Fonnest, Second by Rosenquist to: • approve the Grant Amendment in the form approved by the City Attorney with the Department of Natural Resources for the DeCola Ponds SEA School-Wildwood Park Flood Storage Project • approve the Cooperative Agreement in the form approved by the City Attorney with Bassett Creek Watershed Management Commission for DeCola Ponds SEA School- Wildwood Park Flood Storage Project • approve the Professional Services Agreement in the form approved by the City Attorney with Barr Engineering Co for the DeCola Ponds SEA School-Wildwood Park Flood Storage Project Final Design in an amount not to exceed $415,900. Motion carried 5-0. 3D3. Approve Agreements for Medley Park Stormwater Improvement Project: a. Cooperative Agreement with Bassett Creek Watershed Management Commission b. Professional Services Agreement with Barr Engineering Co for Final Design and Construction Services for the Project in an Amount Not to Exceed $353,000 Environmental Resources Supervisor Eckman presented the report. The Council voted on the following motions at once. Motion by Fonnest, Second by Sanberg to: • approve the Cooperative Agreement in the form approved by the City Attorney with Bassett Creek Watershed Management Commission for Medley Park Stormwater Improvement Project • approve the Professional Services Agreement in the form approved by the City Attorney with Barr Engineering Co for the Medley Park Stormwater Improvement Project Final Design in an amount not to exceed $353,000 Motion carried 5-0. 3D5. Approve Executive Search Consultant Contract with AB Strategic Security Group City of Golden Valley City Council Regular Meeting September 21, 2021 – 6:30 pm 4 Assistant City Manager/Human Resources Director Santelices presented the report. She also introduced Juan Carlos Wittke and Jesus Campa of AB Strategic Security Group who discussed the process. Motion by Fonnest, Second by M. Harris to approve contract with AB Strategic Security Group. Motion carried 5-0. 3E1. Approve Resolution No. 21-70 Accepting the Federal Grant Funds from the American Rescue Plan Act (ARPA) the American Rescue Plan Act Finance Director Virnig presented the report. Motion by Fonnest, Second by M. Harris to Approve Resolution No. 21-70 Accepting the Federal Grant Funds from the American Rescue Plan Act (ARPA) the American Rescue Plan Act. Motion carried 5-0 with unanimous approval. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A) 3F. Approve Resolution No. 21-71 Appointing Election Judges and Establishing an Absentee Ballot Board for the General Election on Tuesday, November 2, 2021 City Clerk Schyma presented an update on the 2021 Municipal Election. Motion by M. Harris, Second by Rosenquist to adopt Resolution No. 21-71 approving the appointment of Election Judges and establishment of an Absentee Ballot Board for the General Election to be held on November 2, 2021. Motion carried 5-0 with unanimous approval. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A) 4. Public Hearing A. Public Hearing – Preliminary Plat – 8810 10th Avenue North, 915 and 1021 Boone Avenue North, Academy of Whole Learning Mayor Harris noted that he had previously recused himself on a vote regarding the Academy of Whole Learning; however, he stated that he no longer has a conflict of interest regarding this item and will be able to discuss and vote on the item this evening. Planning Manager Jason Zimmerman will present report. Mayor Harris opened the public hearing. As no comments were received, the public hearing was closed. City of Golden Valley City Council Regular Meeting September 21, 2021 – 6:30 pm 5 Motion by M. Harris, Second by Sanberg to approve the Preliminary Plat for 8810 10th Avenue North, and 915 and 1021 Boone Avenue North, subject to the following conditions: 1. The applicant shall provide a fire hydrant in the northeast portion of the site, in accordance with the Fire Department’s needs. 2. The applicant shall dedicate all drainage and utility easements deemed necessary by Engineering staff and in accordance with final site grading plans. Such dedications shall be in place prior to approval of the final flat. 3. The City Attorney will determine if a title review is necessary prior to approval of the final flat. Motion carried 5-0 with unanimous approval. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A) B. Public Hearings on Residential Street Light District for Regent Avenue North and Minnaqua Drive and Consideration of Adopting Resolution No. 21-72 Accepting the Feasibility Report and Ordering Construction of Certain Proposed Public Improvements and Resolution No. 21-75 Adopting and Confirming Assessments for Regent Avenue North and Minnaqua Drive Street Light Improvement 1. Project Hearing 2. Assessment Hearing Assistant City Engineer R.J. Kakach presented the report. He noted that the public hearings for Items #4B1 and #4B2 would be combined. Mayor Harris opened the public hearing. Keith Kloubec, 2224 Regent Avenue, stated that he is the person who initiated and circulated the petition. He spoke in support of the project. Mayor Harris closed the public hearing. Motion by Fonnest, Second by Rosenquist to adopt Resolution No. 21-72 accepting the Feasibility Report and Order Construction of Certain Proposed Public Improvements for Residential Street Light District on Regent Avenue North and Minnaqua Drive. Motion carried 5-0 with unanimous approval. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A) Motion by Sanberg, Second by M. Harris to adopt Resolution No. 21-75 Adopting and Confirming Assessments for Regent Avenue North and Minnaqua Street Light Improvement Project City of Golden Valley City Council Regular Meeting September 21, 2021 – 6:30 pm 6 Motion carried 5-0 with unanimous approval. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A) 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. A. Adopting Proposed 2022-2023 Budget and Proposed Tax Levies Payable in 2022 and Consenting to the Preliminary 2022 Housing and Redevelopment Proposed Levy, Resolution Nos. 21-73 and 21-74 Finance Director Sue Virnig presented the report. Motion by M. Harris, Second by Fonnest to adopt Resolution No. 21-73 for Proposed 2022- 2023 Budget and Proposed Tax Levies Payable in 2022. Motion carried 5-0 with unanimous approval. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A) Motion by M. Harris, Second by Sanberg to adopt Resolution No. 21-74 Consenting to the Preliminary 2022 Housing and Redevelopment Proposed Levy Motion carried 5-0 with unanimous approval. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A) B. Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. C. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment Motion by M. Harris, Second by Sanberg to adjourn the meeting at 9:35 pm. Motion carried 5-0. ________________________________ ATTEST: Shepard M. Harris, Mayor ________________________________ Theresa J. Schyma, City Clerk REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1. Call to Order Mayor Harris called the meeting to order at 6:33 pm. A. Pledge of Allegiance B. Roll Call Present: Mayor Shep Harris, Council Members Larry Fonnest, Maurice Harris, Gillian Rosenquist and Kimberly Sanberg Staff present: City Manager Cruikshank, City Attorney Cisneros, Finance Director Virnig, Physical Development Director Nevinski, City Engineer Oliver, and City Clerk Schyma 2. Additions and Corrections to Agenda Motion by Rosenquist, Second by Sanberg to approve the meeting agenda as submitted. Motion carried 5-0. 3. Consent Agenda Motion by Rosenquist, Second by M. Harris to approve the Consent Agenda as revised: removal of Items #3D2 - Accept Resignation from the Board of Zoning Appeals and #3F1 - Approve Resolution No. 21-77 Supporting the City’s 2022 Legislative Bonding Request to Acquire Land and Prepare Plans and Specifications for a Remote Fire Station. Motion carried 5-0. A. Approval of Minutes 1. Special City Council Meeting (Interviews) – September 21, 2021 B. Approval of City Check Register C. Licenses: 1. Gambling License Exemption and Waiver of Notice Requirement – Chester Bird American Legion Post 523 D. Boards, Commissions, and Task Forces: October 5, 2021 – 6:30 pm Council Chambers Hybrid Meeting City of Golden Valley City Council Regular Meeting October 5, 2021 – 6:30 pm 2 1. Receive and File Meeting Minutes – Environmental Commission – August 23, 2021 2. Accept Resignation from the Board of Zoning Appeals E. Bids, Quotes, and Contracts: 1. Zane Avenue and Lindsay Street Reconstruction City Project #23-02 a. Approve Resolution No. 21-76 Ordering Preparation of Feasibility Report b. Authorize the Execution of a Professional Services Agreement with Short Elliott Hendrickson, Incorporated for Services Associated with the Preparation of the Feasibility Report and Project Design, for an Amount Not to Exceed $380,400 F. Grants and Donations: 1. Approve Resolution No. 21-77 Supporting the City’s 2022 Legislative Bonding Request to Acquire Land and Prepare Plans and Specifications for a Remote Fire Station 3. Items Removed From the Consent Agenda: 3D2. Accept Resignation from the Board of Zoning Appeals Council Member Fonnest congratulated Sophia Ginis on her appointment to the Planning Commission and thanked her for her service on the Board of Zoning Appeals. Motion by Fonnest, Second by Sanberg to accept the resignation of Sophia Ginis from the Planning Commission. Motion carried 5-0. 3F1. Approve Resolution No. 21-77 Supporting the City’s 2022 Legislative Bonding Request to Acquire Land and Prepare Plans and Specifications for a Remote Fire Station Physical Development Director Nevinski discussed the process and work of the Facilities Study Task Force. The Council thanked staff and the Facilities Study Task Force for their hard work. Motion by Rosenquist, Second by M. Harris adopt Resolution No. 21-77 supporting the City’s 2022 legislative bonding request to acquire land and prepare plans and specifications for a remote fire station. Motion carried 5-0 with unanimous approval. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A) 4. Public Hearing A. Special Assessments – 2021 Delinquent Utility Bills, Resolution No. 21-78 City of Golden Valley City Council Regular Meeting October 5, 2021 – 6:30 pm 3 Finance Director Sue Virnig presented the report. Mayor Harris opened the public hearing. As there were no comments, the public hearing was closed. Motion by Sanberg, Second by M. Harris to Approve Resolution No. 21-78 Adopting and Confirming Assessments for 2021 Delinquent Utility Billing Motion carried 5-0 with unanimous approval. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A) B. Special Assessments – 2021 Miscellaneous Charges, Resolution No. 21-79 Finance Director Sue Virnig presented the report. Mayor Harris opened the public hearing. As there were no comments, the public hearing was closed. Motion by Sanberg, Second by M. Harris to Approve Resolution No. 21-79 Adopting and Confirming Assessments for Delinquent 2021 Miscellaneous Charges Motion carried 5-0 with unanimous approval. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A) 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. A. Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. B. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment Motion by M. Harris, Second by Rosenquist to adjourn the meeting at 7:10 pm. City of Golden Valley City Council Regular Meeting October 5, 2021 – 6:30 pm 4 Motion carried 5-0. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk Golden Valley City Council Meeting January 18, 2022 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Financial Or Budget Considerations The check register has a general ledger code as to where the claim is charged. At the end of the register is a total amount paid by fund. Recommended Action Motion to authorize the payment of the bills as submitted. Supporting Documents Document is located on city website at the following location: http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx?id=927129&dbid=0&repo=GoldenValley The check register for approval: • 01-07-22 Check Register Golden Valley City Council Meeting January 18, 2022 Agenda Item 3. C. 1. Gambling License Exemption and Waiver of Notice Requirement – Northwest Suburban Chapter of Pheasants Forever Prepared By Theresa Schyma, City Clerk Summary The Northwest Suburban Chapter of Pheasants Forever has applied for a Gambling License Exemption to conduct gambling (raffle) at an event at the Golden Valley Country Club, 7001 Golden Valley Road, on January 29, 2022. As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30- day waiting period. Financial Or Budget Considerations Not applicable Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for the Northwest Suburban Chapter of Pheasants Forever for their raffle event at the Golden Valley Country Club on January 29, 2022. Supporting Documents N/A Golden Valley City Council Meeting January 18, 2022 Agenda Item 3. C. 2. Gambling License Exemption and Waiver of Notice Requirement – Good Shepherd School Prepared By Theresa Schyma, City Clerk Summary The Good Shepherd School, 145 Jersey Avenue South, has applied for a Gambling License Exemption to conduct gambling (raffle) at their annual gala event at the Golden Valley Country Club, 7001 Golden Valley Road, on March 12, 2022. As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30- day waiting period. Financial Or Budget Considerations Not applicable Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for the Good Shepherd School, 145 Jersey Avenue South, for a raffle at their annual gala event at the Golden Valley Country Club on March 12, 2022. Supporting Documents N/A Golden Valley City Council Meeting January 18, 2022 Agenda Item 3. C. 3. Temporary On-Sale Liquor License – The Loppet Foundation Prepared By Theresa Schyma, City Clerk Summary The Loppet Foundation has applied for a temporary on-sale liquor license for their event, City of Lakes Loppet Ski Festival, located at 1221 Theodore Wirth Parkway on Friday, February 5 and Saturday, February 6. Golden Valley City Code does allow temporary on-sale liquor licenses to be issued to a club or charitable, religious, or other nonprofit organization with Council approval. A certificate of liability insurance naming the City as an additional insured is also required and has been provided by the applicant. Financial Or Budget Considerations Fees received for temporary liquor licenses help to defray costs the City incurs to administer license requirements. Recommended Action Motion to approve a temporary on-sale liquor license for The Loppet Foundation, 1221 Theodore Wirth Parkway, for their City of Lakes Loppet Ski Festival event on Friday, February 5 and Saturday, February 6. Golden Valley City Council Meeting January 18, 2022 Agenda Item 3. D. 1. Award Bid and Approve Agreement for Irrigation System at Brookview Golf Course Prepared By Mike Ward, Golf Maintenance Supervisor Rick Birno, Parks & Recreation Director Summary The Brookview Golf Course irrigation system is 37 years old and has reached its useful life cycle. The irrigation system is scheduled for replacement in 2022. The irrigation system provides regular watering from two wells located on the golf course. Amenities included in the irrigation replacement are the 18 hole regulation course, Par 3 nine hole course, all golf course rough areas, landscape areas around Brookview and the driving range. Staff solicited bids for additional irrigation equipment and the installation of the irrigation system. The project was advertised on December 2, 2021 with sealed bids due on December 13, 2021. The bids received are as follows: Company Bid Midwest Irrigation, LLC $1,754,800 Landscapes Unlimited, LLC $1,579,000 Staff is recommending the approval of Landscapes Unlimited, LLC for the additional irrigation equipment and the installation of the irrigation system for a total bid of $1,579,000.00. Financial Or Budget Considerations The 2022 Golf Course Capital Improvement Program (CIP) includes an inter-fund loan for the irrigation equipment and installation. The 2022 Golf Course Capital Improvement Program (CIP) includes $1,579,000.00 for the purchase of additional irrigation equipment and the installation of the replacement system. City Council Regular Meeting Executive Summary City of Golden Valley January 18, 2022 2 Recommended Action • Motion to authorize the Mayor and City Manager to execute an equipment and installation agreement with Landscapes Unlimited, LLC in the form approved by the City Attorney for the 2022 replacement irrigation project at Brookview Golf Course in the amount of $1,579,000. Supporting Documents • Agreement with Landscapes Unlimited, LLC for additional irrigation equipment and installation of the replacement system (3 pages) • Landscapes Unlimited, LLC Proposal (25 pages) F C AUTOMATIC IRRIGATION IMPROVEMENT PROJECT BROOKVIEW GOLF COURSE GOLDEN VALLEY, MINNESOTA THIS AGREEMENT (this “Agreement”), entered into the 18 th 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 Landscapes Unlimited a Nebraska limited liability company (“Contractor”). ARTICLE 1. The Contract Documents. The Contract Documents consist of: this Agreement, the Proposal and Bid of the Contractor, the Contractor’s Bonds, the General Conditions, Special Conditions and any supplementary conditions, drawings, plans, Specifications, addenda issued prior to execution of this Agreement, other documents listed herein or in any of the foregoing documents, and Modifications of the same issued after execution of this Agreement (collectively the “Contract” or “Contract Documents”). A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Engineer. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: 1. Modifications to the Contract 2. This Agreement 3. Special Conditions 4. General Conditions Drawings shall control over Specifications, and detail in drawings shall control over large- scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. ARTICLE 2. The Work. Contractor, for good and valuable consideration the sufficiency of which is hereby acknowledged, covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all work and labor necessary for the Automatic Irrigation Improvement Project (the “Project”) according to the Plans and Specifications and all of the Contract Documents. Contractor shall commence and conclude the Work in accordance with the Contract Documents. Time is of the essence in this Agreement. Accordingly, Contractor shall complete the Work in accordance with the time schedule for commencement and completion of the Work set forth in the Contract Documents. Contractor shall complete the Work in every respect to the satisfaction and approval of the City. F C 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 $1,579,000 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 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 $1,579,000 for the use of the City and of all persons furnishing labor, skill, tools, machinery or materials to the Project. Said bonds shall secure the faithful performance and payment of the Contract by the Contractor and shall be conditioned as required by law. This Agreement shall not become effective unless and until said bonds have been received and approved by the City. ARTICLE 5. Acceptance of the Work. The City, through its authorized agents, shall be the sole and final judge of the fitness of the Work and its acceptability. ARTICLE 6. Records. Contractor shall keep as complete, exact and accurate an account of the labor and materials used in the execution of the Work as is possible, and shall submit and make this information available as maybe requested by the City. ARTICLE 7. Payment. All payments to Contractor shall be made payable to the order of Landscapes Unlimited, 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. 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 City is unable to adequately fund payment for the Contract because of changes in state fiscal policy, regulations or law; or (3) after finding that, for reasons beyond Contractor’s control, F C Contractor is prevented from proceeding with or completing the Work within a reasonable time. In the event that any Work is terminated under the provisions hereof, all completed items or units of Work will be paid for at Contract Bid Prices. Payment for partially completed items or units of Work will be made in accordance with the Contract Documents. Termination of the Contract or any portion thereof shall not relieve Contractor of responsibility for the completed Work, nor shall it relieve Contractor’s Sureties of their obligations for and concerning any just claims arising out of the Work. IN WITNESS WHEREOF, both parties hereto have caused this Contract to be signed on their respective behalves by their duly authorized offices and their corporate seals to be hereunto affixed the day and year first above written. THE CITY OF GOLDEN VALLEY, MINNESOTA BY Shepard M. Harris, Mayor BY Timothy J. Cruikshank, City Manager CONTRACTOR: BY ITS PROVIDING CUSTOMIZED SOLUTIONS FOR THE GOLF & RECREATION INDUSTRY Golf Construction | Golf Renovation | Sports & Recreation | Golf Management | Irrigation & Infrastructure Golf | Construction, Renovation and Restoration Sports & Recreation | Athletic Fields and Facilities, Parks, Trails and Amenities Irrigation & Infrastructure | Drainage, Irrigation, Underground and Reclamation Golf Management | Full Management and LU Select Landscapes Unlimited has been in business since 1976 and has completed over 2,100 construction and renovation projects across the United States and worldwide. We tailor our services to meet the unique needs of each client, pride ourselves in exceptional quality and believe in building long term relationships with our clients and design professionals. what | we do Brookview Golf Course Irrigation System Replacement Proposal & Qualifications “Thank you for considering partnering with Landscapes Unlimited for your project. We’re anxious to put our experience, commitment to quality, and UNLIMITED Capabilities to work for you.” - Bill Kubly, Chairman & CEO Contact: Roy Wilson, President, Irrigation 1201 Aries Drive Lincoln, NE 68512 Office: 402.423.6653 roy@landscapesunlimited.com www.landscapesunlimited.com 12 Commodity Pricing: 2” HDPE DR 13.5 4710 Pipe (material unit price only) $___________ per lin. Ft** 3” HDPE DR 13.5 4710 Pipe (material unit price only) $___________ per lin. Ft** 4” HDPE DR 13.5 4710 Pipe (material unit price only) $___________ per lin. Ft** 6” HDPE DR 13.5 4710 Pipe (material unit price only) $___________ per lin. Ft** 8” HDPE DR 13.5 4710 Pipe (material unit price only) $___________ per lin. Ft** 10” HDPE DR 13.5 4710 Pipe (material unit price only) $___________ per lin. Ft** #6 tray cable for Toro 64 Station Satellite power (material unit price) – see plan notes $__________ per lin. Ft** #8 tray cable for Toro 64 Station Satellite power (material unit price) – see plan notes $__________ per lin. Ft** #10 tray cable for Toro 64 Station Satellite power (material unit price) – see plan notes $__________ per lin. Ft** **Commodity pricing shall include all applicable taxes at no additional cost to the Owner. Commodity pricing will be reviewed and re-evaluated by club with winning contractor prior to purchasing material. Please declare HDPE commodity piping and fittings proposed in base bid: CMF Global – AquaFuse – Complete Ewing - Fusion – Complete ISCO Industries – Complete 13 STATEMENT OF EXPERIENCE The Bidder shall list golf irrigation installation projects and references for which he provided services of a simi lar scope and magnitude to the subject project. The Co ntractor shall include a minimum of ten projects within the past three (3) years that include irrigation installation utilizing HDPE main line and lateral piping . Project Contract Reference and Location Amount and Phone No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Total HDPE System Installation Resume (hybrids not allowed): 1. 2. 3. 4. 5. 42 EXHIBIT C (BIDDER’S QUALIFICATIONS) REFERENCES/STATEMENT OF EXPERIENCE PROVIDING CUSTOMIZED SOLUTIONS FOR THE GOLF RECREATION INDUSTRY Golf Construction | Golf Renovation | Sports Recreation | Golf Management | Irrigation Job Name Job Site City State Contact Name Phone Number Brief Description of Project Date of Completion Contract Amount Berkshire Country Club Reading PA Andrew Dooley 610-374-2952 Golf - Renovation 4/15/2017 $ 1,221,754.71 Lancaster Country Club Lancaster PA Todd Bidlespacher 717-392-8638 Golf - Renovation 6/2/2017 $ 3,482,860.40 Terrace Park Country Club Milford OH Scott LesChander 513-293-0466 Irrigation - Golf 6/4/2021 $ 1,713,180.00 Norfolk Country Club Norfolk NE Jeff Kuhn 402-371-3230 Irrigation - Golf 7/2/2021 $ 1,300,179.25 Tacoma Country and Golf Club Lakewood WA Joel Kachmarek 253-588-2161 Irrigation - Golf 9/18/2021 $ 2,465,930.14 Shore Club Cape May Court House NJ Doug Larson 609-338-1993 Irrigation - Golf 5/16/2021 $ 1,172,429.82 Golf Club at Devil's Tower Hulett WY Todd Coover 307-467-5773 Irrigation - Golf In-Progress $ 1,257,000.00 Riverside Golf Club Grand Island NE Nate Pehrson 308-391-1355 Irrigation - Golf In-Progress $ 1,230,000.00 Country Club of Virginia - Westhampton Course Richmond VA Christian Sain 804-288-2891 Irrigation - Golf Not Started $ 1,834,573.00 Pioneers Golf Course Lincoln NE Casey Crittenden 402-440-5489 Irrigation - Golf In-Progress $ 1,498,440.00 Industry Leader Since 1976 | Global Capabilities | Traditional Design-Build Delivery Method | Awarding Winning Projects 1 44 EXHIBIT D (NON-COLLUSION AFFIDAVIT) 46 EXHIBIT E (RESPONSIBLE CONTRACTOR VERIFICATION) 47 EXHIBIT E PRIME CONTRACTOR RESPONSE Responsible Contractor Compliance Verification Minn. Stat. § 16C.285 Automatic Irrigation Improvement Project Brookview Golf Course, Golden Valley, Minnesota The undersigned is an owner or officer of the company named below (the "Company") and signs this statement under oath verifying that at the time it responded to the solicitation document on the above referenced project ("Project"), the Company was in compliance with each of the minimum criteria in Minn. Stat. § 16C.285, subd. 3 (hereinafter "subdivision 3"), with the exception of clause (7). Any prime contractor or subcontractor or motor carrier that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor or motor carrier that make the false statement ineligible to be awarded a construction contract on the project and may result in termination of a contract awarded to a prime contractor or subcontractor or motor carrier that submits a false statement. Prior to execution of the construction contract for the Project, the Prime Contractor will submit to the contracting authority a supplemental verification confirming compliance with Minn. Stat. § 16C.285, subd. 3, clause (7), (see Attachment A-1). If the Prime Contractor retains additional subcontractors with which it will have a direct contractual relationship following contract award, the Prime Contractor will submit any supplemental verification confirming compliance with Minn. Stat. § 16C.285, subd. 3, clause (7) within 14 days after retaining any such additional subcontractors (see Attachment A-2). A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier and motor carriers, pursuant to subdivision 3, clause (7). 1201 Aries Drive | Lincoln, NE 68512 | 402.423.6653 www.landscapesunlimited.com or find us on Facebook www.facebook.com/FollowLandscapes PROVIDING CUSTOMIZED SOLUTIONS FOR THE GOLF & RECREATION INDUSTRY Golf Construction | Golf Renovation | Sports & Recreation | Project Development | Irrigation & Infrastructure LANDSCAPES UNLIMITED The Nation’s Leading Golf Development Company Since 1976 Landscapes Unlimited (LU) has transformed the visions and plans of architects, designers, and developers into reality. Our staff of experienced professionals headed by Bill Kubly has completed more than 2,100 construction and renovation projects across the United States, Europe, Asia and the Caribbean. LU provides unlimited capabilities through our four business units: Construction, Irrigation, Project Development and Recreational Development. These business units work individually or in unison to offer complete project delivery. This structure allows us the capability to tailor our services to the specific vision and needs of the client, while providing a tremendous amount of value-added experience and service to each and every project. With regional offices in strategic locations across the country, LU is able to readily handle any new construction or renovation project as well as irrigation installations on new and existing facilities. We have a working familiarity with all the contr acting specialties required to complete the most difficult and complex projects – safely, on time, and within budget. Attention to detail, open communication, and a principled focus on quality is the foundation of our solid reputation and lasting client relationships. WHY LANDSCAPES UNLIMITED? Providing UNLIMITED SOLUTIONS is a mindset. We are driven by the notion that success is no coincidence. Our formula is straightforward. Integrate lessons learned through years of hand’s -on experiences with an unparalleled commitment to quality, an attitude of partnership, innovation and creativity, and old -fashioned hard work. EXPERIENCE: 40-plus years in business. Over 2100 completed projects domestically and internationally, valued at over $2 billion. DIVERSITY: Projects of all sizes and scopes. A simple bunker rebuild is not too small, nor are turnkey developments budgeted at tens of millions of dollars, too large. INNOVATION: New approaches with the same core-values. We pride ourselves in being the industry pioneer and leader in alternative turnkey delivery…Design/Build, Design-Assist, Integrated Project Delivery, Design/Build/Operate, Program Management, to name a few. CREATIVITY: Projects have challenges, both predictable and those that arise mid-stream. Our team members are highly experienced critical thinkers. Imaginative and resourceful workarounds keep a project on track. QUALITY: It has been our honor to have constructed more courses that have won more industry awards, than anyone in our business. Past clients can attest, no matter the size or the scope, all projects receive the same attention to details. PARTNERSHIP: Success is nurtured in a collaborative environment. We never view ourselves as just the “contractor”. We consider ourselves an extension of the client’s resources with a vested interest in their success. HARD WORK: The Company has evolved dramatically, but the one thing that has not changed, is our rock-solid, mid-west work ethic. We hit the job every morning with a commitment to succeed. ROLL UP OUR SLEEVES, BEAT THE BUDGET, MEET THE SCHEDULE, EXCEED THE CLIENT’S EXPECTATIONS! This attitude resonates on dozens of job sites every single day, just as it has over the past 44 years. 1201 Aries Drive | Lincoln, NE 68512 | 402.423.6653 www.landscapesunlimited.com or find us on Facebook www.facebook.com/FollowLandscapes PROVIDING CUSTOMIZED SOLUTIONS FOR THE GOLF & RECREATION INDUSTRY Golf Construction | Golf Renovation | Sports & Recreation | Project Development | Irrigation & Infrastructure Customized Solutions Golf Course Renovation - Construction and Irrigation Golf Course Renovation/Remodeling As Owners of golf courses, we understand the challenges of executing a renovation project and the impact it can have on members and/or patrons and operations. We have refined our project delivery approach for renovation projects so that critical milestones are met with the aid of careful planning. We incorporate value engineering and an analysis of constructability so that the capital investment made is optimized. The experience level of our crews is the highest attainable and ensures that the level of quality of the renovation is world class. Finally, we never lose focus that the capital investment in the renovation project is a balance with the loss of some, or all, operational revenues during the renovation period. Our job is to get the club operational as soon as possible. LU’s renovation experience covers the entire spectrum of projects, from the smallest bunker or tee renovation, to complete remodeling of a golf course facility. We are proud to have taken on some of the most challenging renovation projects in the industry. Renovation Services LU is one of the only full-service golf course development and construction companies in the world. We have the capability of providing general contracting services with most of the activities being delivered with our own employees. We also have the capability to provide program management and design/build services which provide the Owner with a single point of responsibility for all design and construction elements of the project. In addition, we can manage the grow -in process of the golf course to have it ready for play to meet the club’s operational objectives. • Golf Course Renovation/Remodeling • Irrigation • Grow-in and Maturation • General Contracting • Program Management • Design/Build 1201 Aries Drive | Lincoln, NE 68512 | 402.423.6653 www.landscapesunlimited.com or find us on Facebook www.facebook.com/FollowLandscapes PROVIDING CUSTOMIZED SOLUTIONS FOR THE GOLF & RECREATION INDUSTRY Golf Construction | Golf Renovation | Sports & Recreation | Project Development | Irrigation & Infrastructure Irrigation Renovation LU began its history over 40 years ago as an irrigation contractor replacing and servicing systems on existing golf courses. That business soon grew into complete golf course renovations and the construction of new golf courses. The core fundamentals learned in those early years have allowed us to grow our business into what it is today. The expertise developed over decades of successful irrigation installations allows Landscapes Unlimited to offer valuable ins ight into the design, installation, management and maintenance of all types of irrigation systems especially as it relates to renovation projects. Because we also own and manage golf courses, we understand the importance of being as invisible as possible during our work so as not to impact the normal operations and play on t he golf course. At the end of the project we, like the client, don’t want any evidence of us ever being on the course except to notice the beautiful quality turf as a result of a newly installed and very efficient irrigation system. The Landscapes Unlimited irrigation teams and support staff are very knowledgeable with all the latest state-of-the-art products and technology meant to preserve our very precious water resources: • Precision sprinklers and nozzles • Satellite, decoder and wireless control systems • Soil sensor monitoring and weather stations • Variable frequency drive pump stations • Long-lasting and durable HDPE piping systems Irrigation Services LU is one of the few golf course general contractors in the industry that has its own Irrigation Division whose very skilled and experienced team-members focus solely on irrigation installations on existing courses and new construction courses. LU’s irrigation capabilities are highly sought after by Irrigation Consultants and clients across the United States as well as outside the country. To maintain the high performance demanded in quality irrigation installations, LU invests heavily in continued educ ation and training of its irrigation personnel in always striving to perfect their irrigation installation techniques. Like the construction team, the goal is the same for the irrigation team….to be the best in the business. Landscapes Unlimited: An Advocate for Sustainability 1201 Aries Drive | Lincoln, NE 68512 | 402.423.6653 www.landscapesunlimited.com or find us on Facebook www.facebook.com/FollowLandscapes PROVIDING CUSTOMIZED SOLUTIONS FOR THE GOLF & RECREATION INDUSTRY Golf Construction | Golf Renovation | Sports & Recreation | Project Development | Irrigation & Infrastructure SAFETY We Work Safe LU’s Safety Program is one of the most comprehensive in the industry. Here is why we are so successful: At Landscapes Unlimited safety is more than a program, it is a fundamental value in our organization’s mission and is constantly demonstrated, reinforced, and recognized at every level of our operations. To sustain our safety program, the following five components are used in its implementation to allow the program to continually flourish: Communication is a critical tool utilized by the company to create a continuous awareness about current safety practices among all employees. Field managers receive regular safety program updates as well as materials and safety information via e-mail, intra-net, and web-based meetings. Compliance reports are provided to senior staff regularly (weekly, monthly, quarterly, and year end) to ensure everyone is aware of the status of their project’s safety activities. Training is a cornerstone of LU’s safety program and is vital to ensure the highest safety standards are maintained throughout the company. Superintendents and their assistants receive monthly video-based safety training and must pass each course to demonstrate their comprehension. Weekly toolbox talks as well as daily tailgate safety meetings are utilized to further support and disseminate safety education and awareness to all levels of our personnel. Accountability is a key element in establishing that every employee is responsible for the safety of themselves, their coworkers and the general public. A clear understanding of what is required of each employee to complete their job functions in a safe manner is continually provided and enforced in a fair and consistent manner so all can share in the benefits of the organization’s safety culture. Employee involvement in the program is encouraged and acknowledged. Safety Inspections are conducted by our corporate safety staff, insurance representatives and approved outside consultants using a state-of-the-art safety report application. These comprehensive examinations of our project sites identify and record any potential hazards and their underlying causes. Corrective actions are then assigned to responsible parties for their elimination or control. Reward and recognition is the final component of the company’s safety program. A dynamic safety- incentive system is used in rewarding employees at all levels for demonstrating safe work practices and recognizing ingenuity. As an organization, formal recognition is also provided to employees every June during National Safety Month. Golden Valley City Council Meeting January 18, 2022 Agenda Item 3. D. 2. Approve Purchase of Irrigation Equipment for Brookview Golf Course Prepared By Mike Ward, Golf Maintenance Supervisor Rick Birno, Parks & Recreation Director Summary The Brookview Golf Course irrigation system is 37 years old and has reached its useful life cycle. The irrigation system is scheduled for replacement in 2022. The irrigation system provides regular watering from two wells located on the golf course. Amenities included in the irrigation replacement include the 18-hole regulation course, par 3 9-hole course, all golf course rough areas, landscape areas around Brookview and the driving range. Financial Or Budget Considerations The 2022 Golf Course Capital Improvement Program (CIP) includes an inter-fund loan payment for the irrigation equipment and installation. It benefitted the course to take most of the equipment from the State Bid to lower overall costs. Due to the positive golf year at Brookview the equipment itself will come from the Brookview Golf Operating Budget. This will reduce the overall inter-fund load payment. Staff recommends purchasing the equipment from the national Omnia government purchasing contract through RFP #2017025 Contract No. Item Vendor Amount #2017025 Irrigation Equipment MTI Distributing, Inc. $352,210.26 Total Purchase Price $352,210.26 Recommended Action Motion to approve purchase of irrigation equipment for the Brookview Golf Course irrigation replacement project from MTI Distributing, Inc. in the amount of $352,210.26. Supporting Documents • MTI Distributing, Inc. Quote (2 pages) QTY PART #DESCRIPTIONS - CONTROLLERS UNIT PRICE EXTENSION 1 NSN-ULTIMATE-L TORO NSN Renewal Package - Premium Computer w/ 5 Years NSN Support (includes: 24hr support, emergency paging, ext. warranty, free software packs including Microsoft Office, 24hr hardware replacement, color printer, and 2 day NSN regional training.) 14,380.00 14,380.00 1 RIU-01-SPECIAL TORO Radio Base Station, Single Radio (50% Off With the Purchase of New CPU Package) 4,463.64 4,463.64 3 G4-48P6R4 TORO OSMAC G4 48 Sta. w/Lg. Trm Blk, Swts & Gold Surge NB 4,551.51 13,654.53 15 G4-64P6R4 TORO OSMAC G4 64 Sta. w/Lg. Trm Blk, Swts & Gold Surge NB 5,395.70 80,935.50 SUB TOTAL 113,433.67 QTY PART #DESCRIPTIONS - SPRINKLERS/ETC. UNIT PRICE EXTENSION 642 INF34-358-2 TORO INFINITY, 1" Body, FC, 35Noz, 80#, SG, Green & Tee Sprinkler 189.68 121,774.56 278 INF35-368-2 TORO INFINITY, 1" Body, PC, 36Noz, 80#, SG, Green & Tee Sprinkler 206.89 57,515.42 50 INF35-368-2 Contingiency TORO INFINITY, 1" Body, PC, 36Noz, 80#, SG, Green & Tee Sprinkler 206.89 10,344.50 708 TSJ-12AF-8-4-10A TORO SJ, 8" Standard, 1.5" AquaFuse X 1-1/4" X 1" ACME 20.63 14,606.04 212 TSJ-15A12-12-3-10A TORO SJ, 1-1/2"x1-1/4" Bodyx1"x12" Standard, MATxMAT 18.77 3,979.24 SUB TOTAL 208,219.76 QTY PART #DESCRIPTIONS - VALVES/BOXES UNIT PRICE EXTENSION 40 TSJ-10AF-12-4-10Q TORO SJ, 12" Standard, 1.5" AquaFuse X 1" X 1" QC 31.14 1,245.60 40 474-00 TORO 1" Quick Coupler Valve w/ SS Cover 37.80 1,512.00 10 464-01 TORO 1" Quick Coupler Key 39.49 394.90 10 477-02 TORO 1"x1" Hose Swivel 32.74 327.40 143 TVB-10RND-G TORO 10" Round Valve Box w/ Green Cover 9.79 1,399.97 40 TVB-10RND-BK TORO 10" Round Valve Box w/ Black Cover 9.79 391.60 10 TVB-1521-12-G TORO 15" Jumbo Rectangular Valve Box w/ Green Cover 32.74 327.40 10 TVB-1521-EXT6BOX TORO 6" Extension for 15" Jumbo Rectangular Valve Box 24.64 246.40 SUB TOTAL 5,845.27 FAX (763)-592-6600 MTI DISTRIBUTING, INC. 4830 AZELIA AVE. N., STE 100 PHONE (763)-592-5600 BROOKLYN CENTER, MN 55429 BROOKVIEW GOLF COURSE TORO IRRIGATION SYSTEM EXHIBIT "A" Material Quotation December 8, 2021 (OMNIA MEMBER #5141480) Count on it. Brookview GC - City of Golden Valley, MN Page 1 of 2 12/8/2021 QTY PART # DESCRIPTIONS - SPARE, REPAIR PARTS & TOOLS TO BE SHIPPED AT THE END OF THE PROJECT UNIT PRICE EXTENSION 2 995-100 1" & 1-1/2" Golf Body Snap Ring Pliers 42.12 84.24 2 995-08 1" Golf Body Valve Removal Tool 40.95 81.90 2 995-15 Valve Selector Tool 2.80 5.60 2 118-1844 1" Infinity Golf Body Valve Insertion Tool 16.28 32.56 2 995-83 Utility (Multi-purpose) Head Tool 13.13 26.26 2 995-102 Riser Hold Up Tool, Universal 6.89 13.78 2 995-105 DT/800S 5/16" Nut Driver For Intermediate Nozzle 13.33 26.66 2 995-99 DT/800S 5/8" Nut Driver For Main Nozzle 21.78 43.56 4 INF34-358-2 TORO INFINITY, 1" Body, FC, 35Noz, 80#, SG, Green & Tee Sprinkler 189.68 758.72 4 INF35-368-2 TORO INFINITY, 1" Body, PC, 36Noz, 80#, SG, Green & Tee Sprinkler 206.89 827.56 2 TVB-10RND-G TORO 10" Round Valve Box w/ Green Cover 9.79 19.58 2 TVB-10RND-BK TORO 10" Round Valve Box w/ Black Cover 9.79 19.58 2 TVB-1521-12-G TORO 15" Jumbo Rectangular Valve Box w/ Green Cover 32.74 65.48 2 TVB-1521-EXT6BOX TORO 6" Extension for 15" Jumbo Rectangular Valve Box 24.64 49.28 SUB TOTAL 2,054.76 This is a material quotation only! This quote may not represent actual quantities needed for the project. The purchaser of the product must supply MTI Distributing with their list of materials to be delivered. SUMMARY MATERIAL TOTAL 329,553.46 TOTAL 329,553.46 MN SALES TAX (6.875%)22,656.80 GRAND TOTAL 352,210.26 PAYMENT TERMS NET 30 DAYS This Quote reflects pricing for complete package purchases only. Prices may be higher for less than complete material package purchases. Pricing is subject to change without notice. Brookview GC - City of Golden Valley, MN Page 2 of 2 12/8/2021 CITY OF GOLDEN VALLEY JANUARY 18, 2022 ______________________________ SHEPARD M. HARRIS MAYOR ______________________________ TIMOTHY J. CRUIKSHANK CITY MANAGER \\files\administration$\City Council agendas\Agenda Packets\2022\01-18-22\3. Consent\3E - Consent - Grants and Donations\3E - Adopt Res Execute MnDOT Agreement\1 - Exec Summary Res LRIP SAP MnDOT.docx Golden Valley City Council Meeting January 18, 2022 Agenda Item 3. E. Adopt Resolution #22-010 to execute a grant agreement with the Minnesota Department of Transportation for the Local Road Improvement Program (LRIP) SAP 128-594-002 at Douglas Drive/Trunk Highway 55 Pedestrian Underpass and Roundabout. City Project #20-15. Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, PE, Assistant City Engineer Summary At the August 17, 2021, City Council meeting, the Council approved Final Design and Construction Services for the Douglas Drive and Trunk Highway 55 Pedestrian Underpass and Roundabout Project with WSB & Associates in the amount of $512,184. A resolution accepting funding from the Minnesota Management and Budget (MMB) was also approved at the same City Council meeting. In order to draw funds from MMB in the amount allocated in the General Obligation Bonding Bill, a Local Road Improvement Program (LRIP) grant agreement must be approved and executed between the City and the State. The three main phases of the project were separated out in order to draw funds for each phase as needed as the project proceeds. The three phases include design, right of way acquisition, and construction. Each phase also includes its own unique State Aid Project (SAP) number. The SAP for design is 128-594-002. Additional grant agreements will be brought forth for approval of the right of way acquisition and construction allotments as the project progresses. Design costs incurred thus far have been funded from the general fund and will be reimbursed with approved MMB dollars through resolution #22-XX approving the LRIP SAP 128-594-002 Grant Agreement for Design of the Douglas Drive/Trunk Highway 55 Pedestrian Underpass and Roundabout Project #20-19. Financial Or Budget Considerations Collecting $512,184 of the $6,500,000 allocated for the project from MMB. Recommended Action City Council Regular Meeting Executive Summary City of Golden Valley January 18, 2022 2 Motion to adopt Resolution #22-010 to execute a grant agreement, approved by the City Attorney, with the Minnesota Department of Transportation for the Local Road Improvement Program (LRIP) SAP 128-594-002 at Douglas/Trunk Highway 55 Pedestrian Underpass and Roundabout. Supporting Documents • Location Maps (1 page) • Resolution #22-010 Local Road Improvement Program (LRIP) SAP 128-594-002 Grant Agreement for Douglas/55 Underpass (1 page) • Local Road Improvement Program (LRIP) SAP 128-594-002 Grant Agreement for Douglas/55 Underpass (22 pages) !!!!!!!!! ! ! !!!!!!!!! !!!!!!!!!!! ! ! 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LocationMap RESOLUTION NO. 22-010 RESOLUTION TO APPROVE Exhibit E for Grant Agreement to State Transportation Fund Local Road Improvement Program Grant Terms and Conditions SAP 128-594-002 WHEREAS, the City of Golden Valley has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for Local Road Improvement; and WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available; and WHEREAS, the amount of the grant has been determined to be $512,184 by reason of the lowest responsible bid; NOW THEREFORE, be it resolved that the City of Golden Valley does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.52 and will pay any additional amount by which the cost exceeds the estimate and will return to the Minnesota State Transportation Fund any amount appropriated for the project but not required. The proper City of Golden Valley officers are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant. Adopted by the City Council of Golden Valley, Minnesota this 18th day of January 2022. __________________________ Shepard M. Harris, Mayor ATTEST: ____________________________ Theresa J. Schyma, City Clerk MnDOT Agreement No. 1049148 SP or SAP No. 128-594-002 Revised October 2020 1 LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) GRANT AGREEMENT This Agreement between the Minnesota Department of Transportation (“MnDOT”) and the Grantee named below is made pursuant to Minnesota Statutes Section 174.52 and pursuant to Minn. Laws 2020, 5th Special Session, Chapter 3- H.F. 1. The provisions in that section and the Exhibits attached hereto and incorporated by reference constitute this Agreement and the persons signing below agree to fully comply with all of the requirements of this Agreement. This Agreement will be effective on the date State obtains all required signatures under Minnesota Statutes §16C.05, subdivision 2. 1. Public Entity (Grantee) name, address and contact person: City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Contact: Jeff Oliver 2. Project(s): Name of Project & Project Number (See Exhibit C for location) Amount of LRIP Funds Amount of Required Matching Funds Completion Date Douglas and 55 Underpass and Roundabout Design/Engineering SAP 128-594-002 $512,184.00 $0.00 December 31, 2024 3. Total Amount of LRIP Grant for all projects under this Agreement: $512,184.00 4. The following Exhibits for each project are attached and incorporated by reference as part of this Agreement: Exhibit A Completed Sources and Uses of Funds Schedule Exhibit B Project Schedule, Workforce Certificate, and Equal Pay Certificate Exhibit C Bond Financed Property Certification Exhibit D Grant Application Exhibit E Grantee Resolution Approving Grant Agreement Exhibit F General Terms and Conditions MnDOT Agreement No. 1049148 SP or SAP No. 128-594-002 Revised October 2020 2 5. Additional requirements, if any: NONE 6. Any modification of this Agreement must be in writing and signed by both parties. (The remaining portion of this page was intentionally left blank.) MnDOT Agreement No. 1049148 SP or SAP No. 128-594-002 Revised October 2020 3 PUBLIC ENTITY (GRANTEE) By: Title: Shepard M. Harris, Mayor Date: January 18, 2022 By: Title: Timothy J. Cruikshank, City Manager Date: January 18, 2022 DEPARTMENT OF TRANSPORTATION Approval and Certifying Encumbrance By: Title: State Aid Programs Engineer Date: Office of Financial Management, Grant Unit By:___________________________________ Agency Grant Supervisor Date:_________________________________ OFFICE OF CONTRACT MANAGEMENT By: _________________________________ Contract Administrator Date:_________________________________ MnDOT Agreement No. 1049148 SP or SAP No. 128-594-002 Revised October 2020 4 EXHIBIT A SOURCES AND USES OF FUNDS SCHEDULE SOURCES OF FUNDS USES OF FUNDS Entity Supplying Funds Amount Expenses Amount State Funds: Items Paid for with LRIP LRIP Grant $512,184.00 Grant Funds: Preliminary and final design engineering $512,184.00 Other: ________________ $___________ ________________ $___________ ________________ $___________ ________________ $___________ ________________ $___________ ________________ $___________ ________________ $___________ Subtotal $512,184.00 Subtotal $512,184.00 Public Entity Funds: Items paid for with Non- Matching Funds $___________ LRIP Grant Funds: ________________ $___________ Other: ________________ $___________ ________________ $___________ ________________ $___________ ________________ $___________ ________________ $___________ ________________ $___________ Subtotal $0.00 Subtotal $ 0.00 TOTAL FUNDS $512,184.00 = TOTAL PROJECT COSTS $512,184.00 MnDOT Agreement No. 1049148 SP or SAP No. 128-594-002 Revised October 2020 5 EXHIBIT B PROJECT SCHEDULE, WORKFORCE CERTIFICATE, AND EQUAL PAY CERTIFICATE (Provide for enough time in the schedule to final the project through the MnDOT state aid pay request process.) Award Date Winter 2022/2023 Contract Start Date Spring 2023 Contract Substantial Complete Date Fall 2023 Contract Final Completion Date December 31, 2024 MnDOT Agreement No. 1049148 SP or SAP No. 128-594-002 Revised October 2020 6 EXHIBIT C BOND FINANCED PROPERTY CERTIFICATION State of Minnesota General Obligation Bond Financed Property The undersigned states that it has or will acquire a fee simple, leasehold and/or easement interest in the real property located in the County of Hennepin, State of Minnesota that is generally described or illustrated graphically in Attachment 1 attached hereto and all improvements thereon (the “Restricted Property”) and acknowledges that the Restricted Property is or may become State bond-financed property. To the extent that the Restricted Property is or becomes State bond- financed property, the undersigned acknowledges that: A. The Restricted Property is State bond-financed property under Minn. Stat. Sec. 16A.695, is subject to the requirements imposed by that statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget; and B. The Restricted Property is subject to the provisions of the Local Road Improvement Program Grant Agreement between the Minnesota Department of Transportation and the undersigned dated January 18, 2022; and C. The Restricted Property shall continue to be deemed State bond-financed property for 37.5 years or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget. Date: January 18, 2022 _____________________________________ [name of Public Entity grantee], a political subdivision of the State of Minnesota By: ________________________________ Name: Shepard M. Harris Title: Mayor By: ________________________________ Name: Timothy J. Cruikshank Title: City Manager MnDOT Agreement No. 1049148 SP or SAP No. 128-594-002 Revised October 2020 7 Attachment 1 to Exhibit C GENERAL DESCRIPTION OF RESTRICTED PROPERTY MnDOT Agreement No. 1049148 SP or SAP No. 128-594-002 Revised October 2020 8 EXHIBIT D GRANT APPLICATION This project was legislatively selected, with $6,500,000.00 appropriated in Minnesota Laws 2020, 5th Special Session, Chapter 3, Article 1, Section 16, Subdivision 7 Golden Valley; Douglas Drive and Highway 55. From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for a grant to the city of Golden Valley to perform preliminary and final design engineering, environmental analysis, acquisition of permanent easements and right-of- way, reconstruction, and construction engineering of local roads related to construction of public safety improvements at and near the intersection of Douglas Drive and Highway 55, including a box culvert underpass across Highway 55, a roundabout and extended frontage road south of Highway 55, retaining wall construction, underground utility relocation, sidewalk and trail connections to existing facilities, Americans with Disabilities Act-compliant facilities, and landscaping. MnDOT Agreement No. 1049148 SP or SAP No. 128-594-002 Revised October 2020 9 EXHIBIT E GRANTEE RESOLUTION APPROVING GRANT AGREEMENT RESOLUTION NO. 22-010 RESOLUTION TO APPROVE Exhibit E for Grant Agreement to State Transportation Fund Local Road Improvement Program Grant Terms and Conditions SAP 128-594-002 WHEREAS, the City of Golden Valley has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for Local Road Improvement; and WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available; and WHEREAS, the amount of the grant has been determined to be $512,184 by reason of the lowest responsible bid; NOW THEREFORE, be it resolved that the City of Golden Valley does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.52 and will pay any additional amount by which the cost exceeds the estimate and will return to the Minnesota State Transportation Fund any amount appropriated for the project but not required. The proper City of Golden Valley officers are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant. Adopted by the City Council of Golden Valley, Minnesota this 18th day of January 2022. __________________________ Shepard M. Harris, Mayor ATTEST: ____________________________ Theresa J. Schyma, City Clerk MnDOT Agreement No. 1049148 SP or SAP No. 128-594-002 Revised October 2020 10 EXHIBIT F GENERAL TERMS AND CONDITIONS FOR LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) GRANTS Article I DEFINITIONS Section 1.01 Defined Terms. The following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to both the singular and plural forms of the terms defined) unless the context specifically indicates otherwise: “Advance(s)” - means an advance made or to be made by MnDOT to the Public Entity and disbursed in accordance with the provisions contained in Article VI hereof. “Agreement” - means the Local Road Improvement Program Grant Agreement between the Public Entity and the Minnesota Department of Transportation to which this Exhibit is attached. “Certification” - means the certification, in the form attached as Exhibit C, in which the Public Entity acknowledges that its interest in the Real Property is bond financed property within the meaning of Minn. Stat. Sec. 16A.695 and is subject to certain restrictions imposed thereby. “Code” - means the Internal Revenue Code of 1986, as amended, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. “Commissioner” - means the Commissioner of Minnesota Management & Budget. “Commissioner’s Order” - means the “Fourth Order Amending Order of the Commissioner of Minnesota Management & Budget Relating to Use and Sale of State Bond Financed Property” dated July 30, 2012, as it may be amended or supplemented. “Completion Date” - means the projected date for completion of the Project as indicated in the Agreement. “Construction Contract Documents” - means the document or documents, in form and substance acceptable to MnDOT, including but not limited to any construction plans and specifications and any exhibits, amendments, change orders, modifications thereof or supplements thereto, which collectively form the contract between the Public Entity and the Contractor(s) for the completion of the Construction Items on or before the Completion Date for either a fixed price or a guaranteed maximum price. “Construction Items” - means the work to be performed under the Construction Contract Documents. “Contractor” - means any person engaged to work on or to furnish materials and supplies for the Construction Items including, if applicable, a general contractor. “Draw Requisition” - means a draw requisition that the Public Entity, or its designee, submits to MnDOT when an Advance is requested, as referred to in Section 4.02. MnDOT Agreement No. 1049148 SP or SAP No. 128-594-002 Revised October 2020 11 “G.O. Bonds” - means the state general obligation bonds issued under the authority granted in Article XI, Sec. 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the LRIP Grant, and any bonds issued to refund or replace such bonds. “Grant Application” - means the grant application that the Public Entity submitted to MnDOT which is attached as Exhibit D. “LRIP Grant” - means a grant from MnDOT to the Public Entity under the LRIP in the amount specified in the Agreement, as such amount may be modified under the provisions hereof. “LRIP” - means the Local Road Improvement Program pursuant to Minn. Stat. Sec. 174.52 and rules relating thereto. “MnDOT” - means the Minnesota Department of Transportation. “Outstanding Balance of the LRIP Grant” - means the portion of the LRIP Grant that has been disbursed to the Public Entity minus any amounts returned to the Commissioner. “Project” - means the Project identified in the Agreement to be totally or partially funded with a LRIP grant. “Public Entity” - means the grantee of the LRIP Grant and identified as the Public Entity in the Agreement. “Real Property” - means the real property identified in the Agreement on which the Project is located. Article II GRANT Section 2.01 Grant of Monies. MnDOT shall make the LRIP Grant to the Public Entity, and disburse the proceeds in accordance with the terms and conditions herein. Section 2.02 Public Ownership, The Public Entity acknowledges and agrees that the LRIP Grant is being funded with the proceeds of G.O. Bonds, and as a result all of the Real Property must be owned by one or more public entities. The Public Entity represents and warrants to MnDOT that it has or will acquire one or more of the following ownership interests in the Real Property: (i) fee simple ownership, (ii) an easement that is for a term that extends beyond the date that is 37.5 years from the Agreement effective date, or such shorter term as authorized by statute, and which cannot be modified or terminated early without the prior written consent of MnDOT and the Commissioner; and/or (iii) a prescriptive easement for a term that extends beyond the date that is 37.5 years from the Agreement effective date. Section 2.03 Use of Grant Proceeds. The Public Entity shall use the LRIP Grant solely to reimburse itself for expenditures it has already made, or will make, to pay the costs of one of the following applicable activities: (i) preliminary, final construction and engineering and administration (ii) constructing or reconstructing city streets, county highways, or town roads with statewide or regional significance that have not been fully funded through other state, federal, or local funding sources; or (iii) capital improvement projects on county state-aid highways that are intended primarily to reduce traffic crashes, deaths, injuries, and property damage. The Public Entity shall not use the LRIP Grant for any other purpose, including but not limited to, any work to be done on a state trunk highway or within a trunk highway easement. MnDOT Agreement No. 1049148 SP or SAP No. 128-594-002 Revised October 2020 12 Section 2.04 Operation of the Real Property. The Real Property must be used by the Public Entity in conjunction with or for the operation of a county highway, county state-aid highway, town road, or city street and for other uses customarily associated therewith, such as trails and utility corridors, and for no other purposes or uses. The Public Entity shall have no intention on the effective date of the Agreement to use the Real Property as a trunk highway or any part of a trunk highway. The Public Entity must annually determine that the Real Property is being used for the purposes specified in this Section and, upon written request by either MnDOT or the Commissioner, shall supply a notarized statement to that effect. Section 2.05 Sale or Lease of Real Property. The Public Entity shall not (i) sell or transfer any part of its ownership interest in the Real Property, or (ii) lease out or enter into any contract that would allow another entity to use or operate the Real Property without the written consent of both MnDOT and the Commissioner. The sale or transfer of any part of the Public Entity’s ownership interest in the Real Property, or any lease or contract that would allow another entity to use or operate the Real Property, must comply with the requirements imposed by Minn. Stat. Sec. 16A.695 and the Commissioner’s Order regarding such sale or lease. Section 2.06 Public Entity’s Representations and Warranties. The Public Entity represents and warrants to MnDOT that: A. It has legal authority to execute, deliver and perform the Agreement and all documents referred to therein, and it has taken all actions necessary to its execution and delivery of such documents. B. It has the ability and a plan to fund the operation of the Real Property for the purposes specified in Section 2.04, and will include in its annual budget all funds necessary for the operation of the Real Property for such purposes. C. The Agreement and all other documents referred to therein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their respective terms. D. It will comply with all of the provisions of Minn. Stat. Sec. 16A.695, the Commissioner’s Order and the LRIP. It has legal authority to use the G.O. Grant for the purpose or purposes described in this Agreement. E. All of the information it has submitted or will submit to MnDOT or the Commissioner relating to the LRIP Grant or the disbursement of the LRIP Grant is and will be true and correct. F. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property, or its ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into the Agreement or any document referred to herein, or to perform any of the acts required of it in such documents. G. Neither the execution and delivery of the Agreement or any document referred to herein nor compliance with any of the provisions or requirements of any of such documents is prevented by, is a breach of, or will result in a breach of, any provision of any agreement or document to which it is now a party or by which it is bound. MnDOT Agreement No. 1049148 SP or SAP No. 128-594-002 Revised October 2020 13 H. The contemplated use of the Real Property will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. I. The Project will be completed and the Real Property will be operated in full compliance with all applicable laws, rules, ordinances, and regulations of any federal, state, or local political subdivision having jurisdiction over the Project and the Real Property. J. All applicable licenses, permits and bonds required for the performance and completion of the Project and for the operation of the Real Property as specified in Section 2.04 have been, or will be, obtained. K. It reasonably expects to possess its ownership interest in the Real Property described in Section 2.02 for at least 37.5 years, and it does not expect to sell such ownership interest. L. It does not expect to lease out or enter into any contract that would allow another entity to use or operate the Real Property. M. It will supply whatever funds are needed in addition to the LRIP Grant to complete and fully pay for the Project. N. The Construction Items will be completed substantially in accordance with the Construction Contract Documents by the Completion Date and all such items will be situated entirely on the Real Property. O. It will require the Contractor or Contractors to comply with all rules, regulations, ordinances, and laws bearing on its performance under the Construction Contract Documents. P. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either MnDOT or the Commissioner. Q. It has made no material false statement or misstatement of fact in connection with its receipt of the G.O. Grant, and all the information it has submitted or will submit to the State Entity or Commissioner of MMB relating to the G.O. Grant or the disbursement of any of the G.O. Grant is and will be true and correct. Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by MnDOT and the Commissioner, constitute an Event of Default under the Agreement upon either MnDOT or the Commissioner giving the Public Entity 30 days’ written notice of such event and the Public Entity’s failure to cure such event during such 30-day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such Events of Default; however, in no event shall the time period to cure any Event of Default exceed six (6) months unless otherwise consented to, in writing, by MnDOT and the Commissioner. A. If any representation, covenant, or warranty made by the Public Entity herein or in any other document furnished pursuant to the Agreement, or to induce MnDOT to disburse the LRIP Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. MnDOT Agreement No. 1049148 SP or SAP No. 128-594-002 Revised October 2020 14 B. If the Public Entity fails to fully comply with any provision, covenant, or warranty contained herein. C. If the Public Entity fails to fully comply with any provision, covenant or warranty contained in Minn. Stat. Sec. 16A.695, the Commissioner’s Order, or Minn. Stat. Sec. 174.52 and all rules related thereto. D. If the Public Entity fails to use the proceeds of the LRIP Grant for the purposes set forth in Section 2.03, the Grant Application, and in accordance with the LRIP. E. If the Public Entity fails to operate the Real Property for the purposes specified in Section 2.04. F. If the Public Entity fails to complete the Project by the Completion Date. G. If the Public Entity sells or transfers any portion of its ownership interest in the Real Property without first obtaining the written consent of both MnDOT and the Commissioner. H. If the Public Entity fails to provide any additional funds needed to fully pay for the Project. I. If the Public Entity fails to supply the funds needed to operate the Real Property in the manner specified in Section 2.04. Notwithstanding the foregoing, any of the above events that cannot be cured shall, unless waived in writing by MnDOT and the Commissioner, constitute an Event of Default under the Agreement immediately upon either MnDOT or the Commissioner giving the Public Entity written notice of such event. Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of MnDOT, MnDOT or the Commissioner may enforce any or all of the following remedies. A. MnDOT may refrain from disbursing the LRIP Grant; provided, however, MnDOT may make such disbursements after the occurrence of an Event of Default without waiving its rights and remedies hereunder. B. If the Event of Default involves a sale of the Public Entity’s interest in the Real Property in violation of Minn. Stat. Sec. 16A.695 or the Commissioner’s Order, the Commissioner, as a third party beneficiary of the Agreement, may require that the Public Entity pay the amounts that would have been paid if there had been compliance with such provisions. For other Events of Default, the Commissioner may require that the Outstanding Balance of the LRIP Grant be returned to it. C. Either MnDOT or the Commissioner, as a third party beneficiary of the Agreement, may enforce any additional remedies it may have in law or equity. The rights and remedies specified herein are cumulative and not exclusive of any rights or remedies that MnDOT or the Commissioner would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision contained herein within 30 days of demand by the Commissioner, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor MnDOT Agreement No. 1049148 SP or SAP No. 128-594-002 Revised October 2020 15 of MnDOT and/or the Commissioner, then such amount may, unless precluded by law, be offset against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.09 Notification of Event of Default. The Public Entity shall furnish to MnDOT and the Commissioner, as soon as possible and in any event within seven (7) days after it has obtained knowledge of the occurrence of each Event of Default, a statement setting forth details of each Event of Default and the action which the Public Entity proposes to take with respect thereto. Section 2.10 Effect of Event of Default. The Agreement shall survive Events of Default and remain in full force and effect, even upon full disbursement of the LRIP Grant, and shall only be terminated under the circumstances set forth in Section 2.11. Section 2.11 Termination of Agreement and Modification of LRIP Grant. A. If the Project is not started within five (5) years after the effective date of the Agreement or the LRIP Grant has not been disbursed within four (4) years after the date the Project was started, MnDOT’ s obligation to fund the LRIP Grant shall terminate. In such event, (i) if none of the LRIP Grant has been disbursed by such date, MnDOT shall have no obligation to fund the LRIP Grant and the Agreement will terminate, and (ii) if some but not all of the LRIP Grant has been disbursed by such date, MnDOT shall have no further obligation to provide any additional funding for the LRIP Grant and the Agreement shall remain in force but shall be modified to reflect the amount of the LRIP Grant that was actually disbursed and the Public Entity is still obligated to complete the Project by the Completion Date. B. The Agreement shall terminate upon the Public Entity’s sale of its interest in the Real Property and transmittal of the required portion of the proceeds of the sale to the Commissioner in compliance with Minn. Stat. Sec. 16A.695 and the Commissioner’s Order, or upon the termination of the Public Entity’s ownership interest in the Real Property if such ownership interest is an easement. Section 2.12 Excess Funds. If the full amount of the G.O. Grant and any matching funds referred to in Section 5.13 are not needed to complete the Project, then, unless language in the G.O. Bonding Legislation indicates otherwise, the G.O. Grant shall be reduced by the amount not needed. Article III COMPLIANCE WITH MINNESOTA STATUTE, SEC. 16A.695 AND THE COMMISSIONER’S ORDER Section 3.01 State Bond Financed Property. The Public Entity acknowledges that its interest in the Real Property is, or when acquired by it will be, “state bond financed property”, as such term is used in Minn. Stat. Sec. 16A.695 and the Commissioner’s Order and, therefore, the provisions contained in such statute and order apply, or will apply, to its interest in the Real Property, even if the LRIP Grant will only pay for a portion of the Project. Section 3.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Public Entity agrees as follows: A. It will not use the Real Property or use or invest the LRIP Grant or any other sums treated as “bond proceeds” under Section 148 of the Code (including “investment proceeds,” “invested sinking funds” and “replacement proceeds”) in such a manner as to cause the G.O. Bonds to be classified as “arbitrage bonds” under Code Section 148. MnDOT Agreement No. 1049148 SP or SAP No. 128-594-002 Revised October 2020 16 B. It will deposit and hold the LRIP Grant in a segregated non-interest-bearing account until such funds are used for payments for the Project. C. It will, upon written request, provide the Commissioner all information required to satisfy the informational requirements set forth in the Code, including Sections 103 and 148, with respect to the G.O. Bonds. D. It will, upon the occurrence of any act or omission by the Public Entity that could cause the interest on the G.O. Bonds to no longer be tax exempt and upon direction from the Commissioner, take such actions and furnish such documents as the Commissioner determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action may include: (i) compliance with proceedings intended to classify the G.O. Bonds as a “qualified bond” within the meaning of Code Section 141(e), or (ii) changing the nature of the use of the Real Property so that none of the net proceeds of the G.O. Bonds will be deemed to be used, directly or indirectly, in an “unrelated trade or business” or for any “private business use” within the meaning of Code Sections 141(b) and 145(a). E. It will not otherwise use any of the LRIP Grant or take, permit or cause to be taken, or omit to take, any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, and if it should take, permit or cause to be taken, or omit to take, as appropriate, any such action, it shall take all lawful actions necessary to correct such actions or omissions promptly upon obtaining knowledge thereof. Section 3.03 Changes to G.O. Compliance Legislation or the Commissioner’s Order. If Minn. Stat. Sec. 16A.695 or the Commissioner’s Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity’s interest in the Real Property becomes exempted from Minn. Stat. Sec. 16A.695 and the Commissioner’s Order, then upon written request by the Public Entity, MnDOT shall execute an amendment to the Agreement to implement such amendment or exempt the Public Entity’s interest in the Real Property from Minn. Stat. Sec. 16A.695 and the Commissioner’s Order. Article IV DISBURSEMENT OF GRANT PROCEEDS Section 4.01 The Advances. MnDOT agrees, on the terms and subject to the conditions set forth herein, to make Advances of the LRIP Grant to the Public Entity from time to time in an aggregate total amount not to exceed the amount of the LRIP Grant. If the amount of LRIP Grant that MnDOT cumulatively disburses hereunder to the Public Entity is less than the amount of the LRIP Grant delineated in Section 1.01, then MnDOT and the Public Entity shall enter into and execute whatever documents MnDOT may request in order to amend or modify this Agreement to reduce the amount of the LRIP Grant to the amount actually disbursed. Provided, however, in accordance with the provisions contained in Section 2.11, MnDOT’s obligation to make Advances shall terminate as of the dates specified in Section 2.11 even if the entire LRIP Grant has not been disbursed by such dates. Advances shall only be for expenses that (i) are for those items of a capital nature delineated in Source and Use of Funds that is attached as Exhibit A, (ii) accrued no earlier than the effective date of the legislation that appropriated the funds that are used to fund the LRIP Grant, or (iii) have otherwise been consented to, in writing, by the Commissioner. It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate MnDOT Agreement No. 1049148 SP or SAP No. 128-594-002 Revised October 2020 17 of completion of the Project or the rate of disbursement of the matching funds required, if any, under Section 5.13. Therefore, the cumulative amount of all Advances disbursed by the State Entity at any point in time shall not exceed the portion of the Project that has been completed and the percentage of the matching funds required, if any, under Section 5.13 that have been disbursed as of such point in time. This requirement is expressed by way of the following two formulas: Formula #1: Cumulative Advances < (Program Grant) × (percentage of matching funds, if any, required under Section 5.13 that have been disbursed) Formula #2: Cumulative Advances < (Program Grant) × (percentage of Project completed) Section 4.02 Draw Requisitions. Whenever the Public Entity desires a disbursement of a portion of the LRIP Grant the Public Entity shall submit to MnDOT a Draw Requisition duly executed on behalf of the Public Entity or its designee. Each Draw Requisition with respect to construction items shall be limited to amounts equal to: (i) the total value of the classes of the work by percentage of completion as approved by the Public Entity and MnDOT, plus (ii) the value of materials and equipment not incorporated in the Project but delivered and suitably stored on or off the Real Property in a manner acceptable to MnDOT, less (iii) any applicable retainage, and less (iv) all prior Advances. Notwithstanding anything herein to the contrary, no Advances for materials stored on or off the Real Property will be made by MnDOT unless the Public Entity shall advise MnDOT, in writing, of its intention to so store materials prior to their delivery and MnDOT has not objected thereto. At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Public Entity shall submit to MnDOT such supporting evidence as may be requested by MnDOT to substantiate all payments which are to be made out of the relevant Draw Requisition or to substantiate all payments then made with respect to the Project. The final Draw Requisition shall not be submitted before completion of the Project, including any correction of material defects in workmanship or materials (other than the completion of punch list items). At the time of submission of the final Draw Requisition the Public Entity shall submit to MnDOT: (I) such supporting evidence as may be requested by MnDOT to substantiate all payments which are to be made out of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and (ii) satisfactory evidence that all work requiring inspection by municipal or other governmental authorities having jurisdiction has been duly inspected and approved by such authorities and that all requisite certificates and other approvals have been issued. If on the date an Advance is desired the Public Entity has complied with all requirements of this Agreement and MnDOT approves the relevant Draw Requisition, then MnDOT shall disburse the amount of the requested Advance to the Public Entity. Section 4.03 Additional Funds. If MnDOT shall at any time in good faith determine that the sum of the undisbursed amount of the LRIP Grant plus the amount of all other funds committed to the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the Project, then MnDOT may send written notice thereof to the Public Entity specifying the amount which must be supplied in order to provide sufficient funds to complete the Project. The Public Entity agrees that it will, within 10 calendar days of receipt of any such notice, supply or have some other entity supply the amount of funds specified in MnDOT's notice. MnDOT Agreement No. 1049148 SP or SAP No. 128-594-002 Revised October 2020 18 Section 4.04 Condition Precedent to Any Advance. The obligation of MnDOT to make any Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent: A. MnDOT shall have received a Draw Requisition for such Advance specifying the amount of funds being requested, which such amount when added to all prior requests for an Advance shall not exceed the amount of the LRIP Grant set forth in Section 1.01. B. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. C. No determination shall have been made by MnDOT that the amount of funds committed to the Project is less than the amount required to pay all costs and expenses of any kind that may reasonably be anticipated in connection with the Project, or if such a determination has been made and notice thereof sent to the Public Entity under Section 4.03, then the Public Entity has supplied, or has caused some other entity to supply, the necessary funds in accordance with such section or has provided evidence acceptable to MnDOT that sufficient funds are available. D. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has sufficient funds to fully and completely pay for the Project and all other expenses that may occur in conjunction therewith. E. The Public Entity has supplied to the State Entity all other items that the State Entity may reasonably require Section 4.05 Processing and Disbursement of Advances. The Public Entity acknowledges and agrees as follows: A. Advances are not made prior to completion of work performed on the Project. B. All Advances are processed on a reimbursement basis. C. The Public Entity must first document expenditures to obtain an Advance. D. Reimbursement requests are made on a partial payment basis or when the Project is completed. E. All payments are made following the “Delegated Contract Process or State Aid Payment Request” as requested and approved by the appropriate district state aid engineer. Section 4.06 Construction Inspections. The Public Entity shall be responsible for making its own inspections and observations regarding the completion of the Project, and shall determine to its own satisfaction that all work done or materials supplied have been properly done or supplied in accordance with all contracts that the Public Entity has entered into regarding the completion of the Project. Article V MISCELLANEOUS Section 5.01 Insurance. If the Public Entity elects to maintain general comprehensive liability insurance regarding the Real Property, then the Public Entity shall have MnDOT named as an additional named insured therein. MnDOT Agreement No. 1049148 SP or SAP No. 128-594-002 Revised October 2020 19 Section 5.02 Condemnation. If, after the Public Entity has acquired the ownership interest set forth in Section 2.02, all or any portion of the Real Property is condemned to an extent that the Public Entity can no longer comply with Section 2.04, then the Public Entity shall, at its sole option, either: (i) use the condemnation proceeds to acquire an interest in additional real property needed for the Public Entity to continue to comply with Section 2.04 and to provide whatever additional funds that may be needed for such purposes, or (ii) submit a request to MnDOT and the Commissioner to allow it to sell the remaining portion of its interest in the Real Property. Any condemnation proceeds which are not used to acquire an interest in additional real property shall be applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner’s Order as if the Public Entity’s interest in the Real Property had been sold. If the Public Entity elects to sell its interest in the portion of the Real Property that remains after the condemnation, such sale must occur within a reasonable time period after the date the condemnation occurred and the cumulative sum of the condemnation and sale proceeds applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner’s Order. If MnDOT receives any condemnation proceeds referred to herein, MnDOT agrees to or pay over to the Public Entity all of such condemnation proceeds so that the Public Entity can comply with the requirements of this Section. Section 5.03 Use, Maintenance, Repair and Alterations. The Public Entity shall not, without the written consent of MnDOT and the Commissioner, (i) permit or allow the use of any of the Real Property for any purpose other than the purposes specified in Section 2.04, (ii) substantially alter any of the Real Property except such alterations as may be required by laws, ordinances or regulations, or such other alterations as may improve the Real Property by increasing its value or which improve its ability to be used for the purposes set forth in Section 2.04, (iii) take any action which would unduly impair or depreciate the value of the Real Property, (iv) abandon the Real Property, or (v) commit or permit any act to be done in or on the Real Property in violation of any law, ordinance or regulation. If the Public Entity fails to maintain the Real Property in accordance with this Section, MnDOT may perform whatever acts and expend whatever funds necessary to so maintain the Real Property, and the Public Entity irrevocably authorizes MnDOT to enter upon the Real Property to perform such acts as may be necessary to so maintain the Real Property. Any actions taken or funds expended by MnDOT shall be at its sole discretion, and nothing contained herein shall require MnDOT to take any action or incur any expense and MnDOT shall not be responsible, or liable to the Public Entity or any other entity, for any such acts that are performed in good faith and not in a negligent manner. Any funds expended by MnDOT pursuant to this Section shall be due and payable on demand by MnDOT and will bear interest from the date of payment by MnDOT at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per year based upon a 365-day year. Section 5.04 Recordkeeping and Reporting. The Public Entity shall maintain books and records pertaining to Project costs and expenses needed to comply with the requirements contained herein, Minn. Stat. Sec. 16A.695, the Commissioner’s Order, and Minn. Stat. Sec. 174.52 and all rules related thereto, and upon request shall allow MnDOT, its auditors, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract all of such items. The Public Entity shall use generally accepted accounting principles in the maintenance of such items, and shall retain all of such books and records for a period of six years after the date that the Project is fully completed and placed into operation. Section 5.05 Inspections by MnDOT. The Public Entity shall allow MnDOT to inspect the Real Property upon reasonable request by MnDOT and without interfering with the normal use of the Real Property. MnDOT Agreement No. 1049148 SP or SAP No. 128-594-002 Revised October 2020 20 Section 5.06 Liability. The Public Entity and MnDOT agree that each will be responsible for its own acts and the results thereof to the extent authorized by law, and neither shall be responsible for the acts of the other party and the results thereof. The liability of MnDOT and the Commissioner is governed by the provisions of Minn. Stat. Sec. 3.736. If the Public Entity is a “municipality” as that term is used in Minn. Stat. Chapter 466, then the liability of the Public Entity is governed by the provisions of Chapter 466. The Public Entity’s liability hereunder shall not be limited to the extent of insurance carried by or provided by the Public Entity, or subject to any exclusion from coverage in any insurance policy. Section 5.07 Relationship of the Parties. Nothing contained in the Agreement is to be construed as establishing a relationship of co-partners or joint venture among the Public Entity, MnDOT, or the Commissioner, nor shall the Public Entity be considered to be an agent, representative, or employee of MnDOT, the Commissioner, or the State of Minnesota in the performance of the Agreement or the Project. No employee of the Public Entity or other person engaging in the performance of the Agreement or the Project shall be deemed have any contractual relationship with MnDOT, the Commissioner, or the State of Minnesota and shall not be considered an employee of any of those entities. Any claims that may arise on behalf of said employees or other persons out of employment or alleged employment, including claims under the Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity or its officers, agents, contractors, or employees shall in no way be the responsibility of MnDOT, the Commissioner, or the State of Minnesota. Such employees or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from MnDOT, the Commissioner, or the State of Minnesota, including tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Section 5.08 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the address of the party specified below or to such different address as may in the future be specified by a party by written notice to the others: To the Public Entity: At the address indicated on the first page of the Agreement. To MnDOT at: Minnesota Department of Transportation Office of State Aid 395 John Ireland Blvd., MS 500 Saint Paul, MN 55155 Attention: Marc Briese, State Aid Programs Engineer To the Commissioner at: Minnesota Management & Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention: Commissioner Section 5.09 Assignment or Modification. Neither the Public Entity nor MnDOT may assign any of its rights or obligations under the Agreement without the prior written consent of the other party. Section 5.10 Waiver. Neither the failure by the Public Entity, MnDOT, or the Commissioner, as a third party beneficiary of the Agreement, in one or more instances to insist upon the complete observance or performance of any provision hereof, nor the failure of the Public Entity, MnDOT, or the Commissioner to exercise any right or remedy conferred hereunder or afforded by law shall be construed as waiving any MnDOT Agreement No. 1049148 SP or SAP No. 128-594-002 Revised October 2020 21 breach of such provision or the right to exercise such right or remedy thereafter. In addition, no delay by any of the Public Entity, MnDOT, or the Commissioner in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 5.11 Choice of Law and Venue. All matters relating to the validity, interpretation, performance, or enforcement of the Agreement shall be determined in accordance with the laws of the State of Minnesota. All legal actions arising from any provision of the Agreement shall be initiated and venued in the State of Minnesota District Court located in St. Paul, Minnesota. Section 5.12 Severability. If any provision of the Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 5.13 Matching Funds. Any matching funds as shown on Page 1 of the Grant Agreement that are required to be obtained and supplied by the Public Entity must either be in the form of (i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including equity, which have been or will be used to pay for the Project. The Public Entity shall supply to MnDOT whatever documentation MnDOT may request to substantiate the availability and source of any matching funds. Section 5.14 Sources and Uses of Funds. The Public Entity represents to MnDOT and the Commissioner that the Sources and Uses of Funds Schedule attached as Exhibit A accurately shows the total cost of the Project and all of the funds that are available for the completion of the Project. The Public Entity will supply any other information and documentation that MnDOT or the Commissioner may request to support or explain any of the information contained in the Sources and Uses of Funds Schedule. If any of the funds shown in the Sources and Uses of Funds Schedule have conditions precedent to the release of such funds, the Public Entity must provide to MnDOT a detailed description of such conditions and what is being done to satisfy such conditions. Section 5.15 Project Completion Schedule. The Public Entity represents to MnDOT and the Commissioner that the Project Completion Schedule attached as Exhibit B correctly and accurately sets forth the projected schedule for the completion of the Project. Section 5.16 Third-Party Beneficiary. The Governmental Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB, is and shall be a third-party beneficiary of this Agreement. Section 5.17 Public Entity Tasks. Any tasks that the Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 5.18 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the G.O. Grant or the Project to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Minnesota Statutes Chapter 13, as such may subsequently be amended or replaced from time to time. Section 5.19 Non-Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project and it shall fully comply with all of the provisions contained in MnDOT Agreement No. 1049148 SP or SAP No. 128-594-002 Revised October 2020 22 Minnesota Statutes Chapters 363A and 181, as such may subsequently be amended or replaced from time to time. Section 5.20 Worker’s Compensation. The Public Entity agrees to comply with all of the provisions relating to worker’s compensation contained in Minn. Stat. Secs. 176.181 subd. 2 and 176.182, as they may be amended or replaced from time to time with respect to the Project. Section 5.21 Antitrust Claims. The Public Entity hereby assigns to MnDOT and the Commissioner of MMB all claims it may have for over charges as to goods or services provided with respect to the Project that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 5.22 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Minnesota Statutes Chapter 177, and specifically those provisions contained in Minn. Stat.§. 177.41 through 177.435 as they may be amended or replaced from time to time with respect to the Project. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project. Section 5.23 Entire Agreement. The Agreement and all of the exhibits attached thereto embody the entire agreement between the Public Entity and MnDOT, and there are no other agreements, either oral or written, between the Public Entity and MnDOT on the subject matter hereof. Section 5.24 E-Verification. The Public Entity agrees and acknowledges that it is aware of Minn.Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such order. Section 5.25 Telecommunications Certification. If federal funds are included in Exhibit A, by signing this agreement, Contractor certifies that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), and 2 CFR 200.216, Contractor will not use funding covered by this agreement to procure or obtain, or to extend, renew, or enter into any contract to procure or obtain, any equipment, system, or service that uses “covered telecommunications equipment or services” (as that term is defined in Section 889 of the Act) as a substantial or essential component of any system or as critical technology as part of any system. Contractor will include this certification as a flow down clause in any contract related to this agreement. Section 5.26 Title VI/Non-discrimination Assurances. Public Entity agrees to comply with all applicable US DOT Standard Title VI/Non-Discrimination Assurances contained in DOT Order No. 1050.2A, and in particular Appendices A and E, which can be found at: https://edocs- public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=11149035. Public Entity will ensure the appendices and solicitation language within the assurances are inserted into contracts as required. MnDOT may conduct a review of the Public Entity’s compliance with this provision. The Public Entity must cooperate with MnDOT throughout the review process by supplying all requested information and documentation to MnDOT, making Public Entity staff and officials available for meetings as requested, and correcting any areas of non-compliance as determined by MnDOT. Golden Valley City Council Meeting January 18, 2022 Agenda Item 3. F. Approval of 2022 State Legislative Priorities Prepared By Tim Cruikshank, City Manager Summary Each year the Council reviews the City’s Legislative Priorities prior to the upcoming Legislative Session. Council discussed the 2022 State Legislative Priorities at the December 14, 2021 and January 11, 2022 City Council work sessions. Once approved, the 2022 State Legislative Priorities will be distributed to Golden Valley’s legislative delegation and to other appropriate parties as needed to help achieve the City’s goals. Financial Or Budget Considerations Various, depending on the item and legislative outcome. Recommended Action Motion to approve the City of Golden Valley 2022 State Legislative Priorities. Supporting Documents • City of Golden Valley 2022 State Legislative Priorities (45 pages) 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006Adopted by the City Council_______________ 2022 GOLDEN VALLEY STATE LEGISLATIVE PRIORITIES City of Golden Valley 2022 Legislative Priorities These priorities are supported by the Golden Valley City Council, along with Metro Cities, League of Minnesota Cities, Municipal Legislative Commission, and Regional Council of Mayors policies, and may be used by local officials and staff to advocate for during the Legislative session. 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 1 Table Of Contents FINANCIAL PRIORITIES F1. Support Local-Option Sales Tax ...................................................................4 Golden Valley supports a local-option sales tax at .05 percent to generate an estimated potential revenue of $2.85 million per year to help fund building improvements. F2. Support Bond Allocation For Remote Fire Station ..................................5 The City of Golden Valley requests support for $6.3 million in state funding for design and construction of a new remote fire station in the 2022 and 2024 bonding bills. F3. Support Sales Tax Exemption On Local Purchases .................................6 Golden Valley supports the tax exemption of motor vehicle tax of 6.5 percent on all municipal vehicles. F4. Modify Obsolete Fiscal Disparities Formula To Assist Local Units Of Government With Basic Needs ..........................................7 The City of Golden Valley supports reviewing and amending the 50-year-old Fiscal Disparities formula to ensure all metro area local governments have ac- cess to resources and funding tools to meet growing needs. By amending the Fiscal Disparities formula, all metro area cities can use the additional amount of property taxes received to help fund needed improvements. F5. Support Funding For Local Government Aid .............................................8 The City of Golden Valley supports funding of the Local Government Aid (LGA) component to help ensure needs for public services can be met by equalizing the tax base for all cities. F6. Support Funding For Affordable And Workforce Housing ......................9 The City of Golden Valley supports additional tools for local communities to develop and preserve affordable and workforce housing. City of Golden Valley 2022 Legislative PrioritiesPage 2 TRANSPORTATION PRIORITIES T1. Support Full Funding For Bus Rapid Transit (BRT) And Multimodal Infrastructure Or Transportation ..................................................................10 The City of Golden Valley supports investment in Bus Rapid Transit and multimodal infrastructure on the Highway 55 corridor from Wright County to Minneapolis due to a high concentration of jobs, strong re- verse-commute patterns, and increased residential development along the corridor. This includes improving safety and mobility at key intersec- tions, like Winnetka Avenue, to better accommodate vehicles, pedestri- ans, transit, etc. T2. Support Comprehensive Transportation Funding ....................................11 The City of Golden Valley supports dedicating more resources to all components of the state’s transportation system and ensuring local units of government have access to resources and funding tools to meet growing needs. ENVIRONMENTAL PRIORITIES E1. Continue To Adequately Fund The DNR Flood Damage Reduction Program For Local Projects ...........................................................................12 The City of Golden Valley is requesting legislative approval of funds through the Department of Natural Resources (DNR) Flood Damage Reduction Program to implement public improvements within the DeCola Ponds and Medicine Lake Road watershed. These projects include improvements within the Cities of Crystal, New Hope and Golden Valley (eg, flood storage, subwatershed diversion, and runoff rate control projects). E2. Climate Emergency Declaration: Support Policies And Investments Mitigating The Impact Of Climate Change ...............................................13 The Golden Valley City Council declared by resolution a Climate Emergency Dec 21, 2021. The City joins more than 2,000 jurisdictions in 34 countries to focus attention on the need for rapid action to address climate change. E3. Support Funding For Metropolitan Council Inflow/Infiltration Grants—Public And Private Improvements .................................................14 Because I/I reduction efforts benefit the entire metropolitan area, the City of Golden Valley supports the state providing continued capital assistance for grants to cities as well as financial assistance for private property through future Clean Water Legacy Act appropriations. 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 3 E4. Advance Building Performance .....................................................................15 The City of Golden Valley’s supports statewide energy efficiency improvements in buildings, lighting, and infrastructure and includes these as local goals in the Resilience and Sustainability Chapter of its 2040 Comprehensive Plan. COMMUNITY AFFAIRS C1. Support For Racial Equity In Minnesota And House Select Committee On Racial Justice ...............................................16 Recognizing cities cannot work in isolation on racial equity issues, the City of Golden Valley supports efforts by the League of Minnesota Cities and the State Legislature’s House Select Committee on Racial Justice to optimize success for all Minnesotans regardless of race. C2. Support Equitable And Inclusive Elections ...............................................17 The City of Golden Valley supports expansive and accessible voting rights with consistent statewide standards to allow local decision-making control of cer- tain aspects in city elections. C3. Police Arbitration Reform...............................................................................18 The City of Golden Valley strongly urges the Minnesota State Legislature to consider changes to the current Minnesota Public Employment Labor Relations Act (MPELRA) arbitration system in any further discussions or proposals that address police reform measures. C4. Support For Ban On Conversion Therapy Practices .................................19 The City of Golden Valley supports the State Legislature banning the practice of conversion therapy for minors in the State of Minnesota. APPENDIX Appendix F4 .............................................................................................................22 Appendix F5 .............................................................................................................23 Appendix F6 .............................................................................................................24 Appendix T1. ............................................................................................................27 Appendix E1. ............................................................................................................31 Appendix E2 .............................................................................................................34 Appendix E3 .............................................................................................................40 City of Golden Valley 2022 Legislative PrioritiesPage 4 F1. Support Local-Option Sales Tax City Position The City of Golden Valley supports a local-option sales tax at .05 percent. The estimated potential revenue of $2.85 million per year would help fund critical infra- structure and building improvements. Issues City Buildings: Current City facilities do not accommodate contemporary fire protection, policing, administrative, or public works operations. To better serve the community, improve operational efficiencies, and expand economic development opportunities, the City developed a long-term, phased plan to address its building needs. The plan includes relocating public works operations out of the downtown area, constructing a modern public safety building and firefighting facilities that ac- commodate 24/7 duty crews, and a new City Hall. These improvements are sched- uled to occur over the next 30 years at an estimated cost of $160 million. Addition- al resources are needed to fund debt and keep property taxes in check. Action To fund the above described capital improvements, the City of Golden Valley re- quests authorization to enact a local-option sales tax in accordance with Depart- ment of Revenue steps, which include: • passing a resolution that includes a proposed tax rate; detailed description of up to five capital projects funded with the tax; documentation of how each project will provide economic benefits to residents, businesses, and visitors from the jurisdiction; amount of revenue to be raised for each project and estimated time needed to raise funds; total amount of revenue to be raised for all projects; and estimated length of time the tax will be in effect if all proposed projects are ap- proved • submitting the resolution and supporting documents to the Senate and House Tax Committee chairs by Jan 31, then passing a resolution with approved lan- guage for a local ballot once legislative approval is received • passing the resolution at least 90 days before a general election for voters to ap- prove by a majority vote, and if a project is not approved, adjusting the revenue and expiration date FINANCIAL 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 5 FINANCIAL F2. Support Bond Allocation For Remote Fire Station City Position The City of Golden Valley is requesting State funding in the amount of $17 million to acquire land, complete predesign and design work, and construct a new remote fire station for the Golden Valley Fire Department Issues The City of Golden Valley is in need of constructing a new remote fire station. Currently the City operates a paid on-call fire department out of three stations. To continue delivering effective service, the fire department needs to move to a duty-crew staffing model. However, the current three stations lack the facilities needed to accommodate a duty-crew model, and the two existing remote stations are not geographically located to provide optimal response time within the com- munity, as well as within the western metro for mutual aid requests. The City proposes to construct an approximately 20,000-square-foot remote fire station on the east side of Highway 100. This general location, combined with the current headquarters location at Winnetka Avenue and Golden Valley Road, pro- vides quick access to major thoroughfares and improves response times through- out Golden Valley. The current department staffing model does not result in 13 to 15 personnel arriving on scene at a structure fire within eight minutes, as recom- mended by the National Fire Protection Association. The City’s bonding request includes funding for land acquisition, pre-design and design work, followed by station construction. The station is proposed to include an apparatus bay of approximately 7,500 square feet and support space (office, sleeping quarters, meeting area, etc) of approximately 7,700 square feet. The sta- tion will serve as a polling location for the City and provide community meeting and training space. Action • Advocate to include the City’s funding request of $17 million for design and con- struction of a new remote fire station in the 2022 bonding bill. City of Golden Valley 2022 Legislative PrioritiesPage 6 FINANCIAL F3. Support Sales Tax Exemption On Local Purchases City Position The City of Golden Valley supports the tax exemption of motor vehicle tax of 6.5 percent on all municipal vehicles. Issues Currently only police and fire emergency vehicles are exempt. The City has many other ve- hicles, such as sweepers and large trucks, that respond to snow emergencies, flooding, road repair, etc. Action Support language regarding the exemption of Motor Vehicle Sales Tax on all municipal vehi- cles purchased by governmental agencies. 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 7 F4. Modify Obsolete Fiscal Disparities Formula To Assist Local Units Of Government With Basic Needs City Position The City of Golden Valley supports reviewing and amending the 50-year-old Fiscal Dis- parities formula to ensure all metro area local governments have access to resources and funding tools to meet growing needs. By amending the Fiscal Disparities formula, all metro area cities can use the additional amount of property taxes received to help fund needed improvements. For nearly 50 years, the Fiscal Disparities program has reapportioned 40 percent of tax capacity from metro area cities with higher commercial/industrial tax bases to those with less market value per capita. This is to help equalize funding for the betterment of the Twin Cities metropolitan area. While all cities have needs, those that historically have been net Fiscal Disparities con- tributors have aged and are experiencing greater infrastructure needs than 50 years ago. Much of this infrastructure was built before the early 1960s and is due for replacement. It is time to recalculate the Fiscal Disparities formula to reflect today’s realities. Since just 2001, Golden Valley has contributed almost $40 million to help other communities meet their needs. With the proposed change, over the next 20 years Golden Valley would keep an estimated $18 million help meet its needs. Issue Golden Valley, like most cities in Minnesota and the nation at large, is facing a looming in- frastructure crisis. All across the US, aging systems for water supply, sanitary sewer man- agement, storm water and flood control, transportation, etc, are in need of repair and/ or replacement. Not only is much of Golden Valley’s infrastructure a half century or more old, but as populations grow, it’s taking on service demands it was not built to handle. The Fiscal Disparities program has been in existence for almost 50 years and in need of an overhaul. Action Advocate for modifying the obsolete Fiscal Disparities formula so all metro area cities can fund needed infrastructure improvements while keeping taxes and utility expenses lower than they inevitably would be if this infrastructure problem is allowed to grow into a full- blown crisis. Additional Documents (See Appendix F4) • Table: 20-Year History Of Golden Valley’s Fiscal Disparities Contributions With 40 Percent Program And 20-Year Projection Of Golden Valley’s Fiscal Disparities Gains With 30 Percent Program (1 page) FINANCIAL City of Golden Valley 2022 Legislative PrioritiesPage 8 FINANCIAL F5. Support Funding For Local Government Aid City Position The City of Golden Valley supports funding of the Local Government Aid (LGA) component to help ensure needs for public services can be met by equalizing the tax base for all cities. Issue Golden Valley is one of the few cities statewide that does not receive LGA but has many basic public service needs that are underfunded. Action Advocate for the state to keep pace with inflationary pressures and support increased funding for LGA. Golden Valley supports an increase in the LGA appropriation and a review in its entirety of the formula that would at least provide a minimum distribution to help fund public services. Golden Valley supports HF 2031 authored by Representative Hertaus in 2019. Additional Documents (See Appendix F5) • Table: 10-Year History Of Local Government Aid Distribution And Its Impact On Golden Valley (1 page) 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 9 FINANCIAL F6. Support Funding For Affordable And Workforce Housing City Position The City of Golden Valley supports additional tools for local communities to develop and preserve affordable and workforce housing and to advance diverse, inclusionary, and equi- table housing opportunities. Issue Cities must ensure they provide a full range of housing choices in the community. As cities, businesses, and the overall economy in the Minneapolis–St Paul region continues to grow, the need for housing available to those with low and moderate incomes also grows. Failure to expand housing options will impact the region’s ability to attract talent, grow its economy, and reinvest in itself. If resources and policies needed to advance affordable housing opportunities for BIPOC homeowners and renters across the state are specifically identified, housing opportunity would be more effective from a diversity, equity and inclusion perspective. Actions Advocate for policy and financial tools that support both the preservation of naturally occur- ring affordable housing, construction of new affordable housing, as well as additional resources needed for cities to address the unequal distribution of housing resources, including: • policies, programs and resources for affordable rental housing eligibility based on income and social vulnerability indicators • policies, programs and resources for affordable homeownership eligibility based on in- come, social vulnerability indicators, and first generation homebuyers • increasing funding for the state’s rental rehab loan fund for naturally occurring affordable housing and including use of the fund in the metro region • enhancing state programs, policies, and funding allocations to promote and finance the preservation and construction of affordable housing, particularly for assisted, senior, and supportive housing • modifying Tax Increment Financing (TIF) statutes to clearly enable pooling of TIF reve- nue for affordable housing • establishing a statewide notification requirement for rental properties prior to ownership transfer • creating incentives for property owners to participate in the Section 8 Housing Choice Voucher Program to increase housing options for low and moderate income earners • preserving and expanding the state’s 4d low-income property tax program that provides a property tax benefit to qualifying low-income rental properties Additional Documents (See Appendix F6) • Memo: Golden Valley Affordable Housing Work Plan (2 pages) City of Golden Valley 2022 Legislative PrioritiesPage 10 TRANSPORTATION T1. Support Full Funding For Bus Rapid Transit (BRT) And Multimodal Infrastructure Or Transportation City Position The City of Golden Valley supports investment in Bus Rapid Transit and multimodal infrastructure on the Highway 55 corridor from Wright County to Minneapolis due to a high concentration of jobs, strong reverse-commute patterns, and increased residential development along the corridor. This includes improving safety and mo- bility at key intersections, like Winnetka Avenue, to better accommodate vehicles, pedestrians, transit, etc. Issue Trunk Highway 55 is a major transportation route serving the west metro area and beyond. The corridor contains a high concentration of jobs, has a strong reverse- commute pattern, and is experiencing increased residential development. Bus Rapid Transit is a practical and affordable component of a comprehensive regional transportation system. Because Highway 55 also creates a barrier between the northern and southern portions of communities, infrastructure to support BRT ridership and promote multi-modal transportation must be planned for and funded as part of the Highway 55 BRT corridor. Actions • Advocate for full funding for Bus Rapid Transit on Highway 55, which im- pacts all communities along the corridor (Minneapolis, Golden Valley, Plym- outh, Medina, and beyond). • Leverage federal dollars to the extent possible to fund infrastructure im- provements that support BRT, including a pedestrian overpass at Highway 55 and Winnetka Avenue. • Aggressively pursue Federal infrastructure funding to advance these initia- tives. Additional Documents (See Appendix T1) • Resolution: Supporting Future Bus Rapid Transit (BRT) Service On Highway 55 And Participation In Additional Study Of The Corridor (2 pages) • Highway 55 & Winnetka Avenue Concept (1 page) 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 11 TRANSPORTATION T2. Support Comprehensive Transportation Funding City Position The City of Golden Valley supports dedicating more resources to all compo- nents of the state’s transportation system and ensuring local units of govern- ment have access to resources and funding tools to meet growing needs. Issue A comprehensive regional transportation system that meets the physical, social, and economic needs of Golden Valley and the state requires adequate funding. This transportation system includes streets, bridges, highways, transit, and multi-modal solutions. Collaborative efforts and initiatives are already in progress. Actions • Establish a sustainable formula to increase transit and transportation fund- ing. • Advocate for including improvements to US Highway 169 between I-394 and Medicine Lake Road in the MnDOT Capital Improvement Plan. City of Golden Valley 2022 Legislative PrioritiesPage 12 ENVIRONMENTAL E1. Continue To Adequately Fund The DNR Flood Damage Reduction Program For Local Projects City Position The City of Golden Valley is requesting legislative approval of funds through the Department of Natural Resources (DNR) Flood Damage Reduction Program to continue to implement public improvements within the DeCola Ponds and Medi- cine Lake Road watershed. These projects include improvements within the Cities of Crystal, New Hope and Golden Valley (eg, flood storage, subwatershed diver- sion, and runoff rate control projects). Issue The City of Golden Valley experiences localized flooding in the Medicine Lake Road and Winnetka Avenue area and flooding from Bassett Creek in numerous locations throughout the community. This flooding causes damages to homes and business- es, and impacts infrastructure and emergency services. The City is currently pursu- ing Phase III of a multi-phase project. Action Advocate for continued full funding of the Minnesota DNR Flood Damage Reduc- tion Program, including funding of the Medicine Lake Road and Winnetka Avenue Area Long Term Flood Mitigation Project. Additional Documents (See Appendix E1) • Map: DeCola Ponds Flood Mitigation Area (1 page) 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 13 E2. Climate Emergency Declaration: Support Policies And Investments Mitigating The Impact Of Climate Change City Position The Golden Valley City Council declared by resolution a Climate Emergency Dec 21, 2021. On Jan 18, 2022, the City passed an additional resolution to join more than 2,000 jurisdictions in 34 countries to focus attention on the need for rapid action to address climate change. Issue Golden Valley residents, businesses, and property owners are experiencing the im- pacts of climate change through increased flooding and flood risk, excessive heat, drought, invasive species, diminished air quality, and extreme weather events. Not only do these events affect the health, safety, well-being, and economic vitality of Golden Valley residents and businesses, these climate-related impacts affect the City’s operations, infrastructure, and finances. Additionally, climate change disproportionately impacts historically excluded, mar- ginalized, and underserved communities, low-income families, and residents with disabilities who are most at risk from the negative impacts of climate change. Actions The City of Golden Valley calls on the Minnesota Legislature and executive branch to immediately and aggressively support mitigation and adaption efforts by pro- viding funding and resources to develop and implement climate actions plans. Additional Documents (See Appendix E2) • City Council Resolution No. 21-100 Declaring a Climate Emergency in Gold- en Valley (5 pages) • City Council Resolution No. 22-____ Joining with Cities and Counties Ac- cross Minnesota/US/World Declaring a Climate Emergency (will be added after City Council approves it Jan 18) ENVIRONMENTAL City of Golden Valley 2022 Legislative PrioritiesPage 14 ENVIRONMENTAL E3. Support Funding For Metropolitan Council Inflow/ Infiltration Grants—Public And Private Improvements City Position Because I/I reduction efforts benefit the entire metropolitan area, the City of Golden Valley supports the state providing continued capital assistance for grants to cities as well as financial assistance for private property through future Clean Water Legacy Act appropriations. Issue Many metro communities are contributing excess inflow and infiltration of clear water into the regional wastewater system. Excess I/I results in wastewater flows that exceed the capacity of conveyance and treatment systems, resulting in significant environmental and public health issues and excessive costs to upgrade these systems. Action Advocate for financial assistance through future Clean Water Legacy appro- priations to metro area cities with excess I/I. These resources should include assistance for cities to address I/I contributions from private property. Additional Documents (See Appendix E3) • Memo: MCES I&I Grant Benefits - City of Golden Valley (1 page) 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 15 ENVIRONMENTAL E4. Advance Building Performance City Position The City of Golden Valley supports statewide energy efficiency improvements in buildings, lighting, and infrastructure and includes these as local goals in the Resil- ience and Sustainability Chapter of its 2040 Comprehensive Plan. Issue The State of Minnesota has a goal of reducing greenhouse gas emissions by 80 percent by 2050 but is not on track to do so. Buildings are a top greenhouse gas emitter, and a different approach is needed to building design and construction. Building codes, which are established by the State, are not advancing fast enough to reach carbon reduction goals. Action The City of Golden Valley supports policy changes and other solutions that lead to increased building efficiency, including: • clear standards for developers and designers • financial support and incentives for energy efficient improvements • educational support and training • advancing code requirements at a rate faster than the typical building code up- date cycle • statewide adoption of building codes that advance energy performance in new and remodeled buildings City of Golden Valley 2022 Legislative Priorities COMMUNITY AFFAIRS C1. Support For Racial Equity In Minnesota And House Select Committee On Racial Justice City Position The City of Golden Valley supports efforts by the League of Minnesota Cities and the State Legislature’s House Select Committee on Racial Justice to optimize suc- cess for all Minnesotans regardless of race. This includes recognizing cities can- not work in isolation on racial equity issues, declaring and addressing racism as a public health crisis, and ensuring House legislative efforts are analyzed through an intersectional racial equity lens. Issue Established in 2020, the House Select Committee on Racial Justice received recommendations designed to address intentional and unintentional systemic disparities and inequities in economic development, housing, education, public safety, health and human services, and environmental justice. In recognition, cities are invested in building a more equitable future where every resident can thrive regardless of race. Action The City encourages the Select Committee’s efforts to provide definitions, a his- torical framework, and current data related to the impact of systemic racism and race-related disparities. The City also supports the State taking a leadership role to serve all Minnesotans by prioritizing addressing racial equity through: • partnering with local government and communities of color to identify and ad- dress racial equity issues and build/rebuild relationships and trust • proactively assessing past racial harms and developing actions to address them • collecting and providing data disaggregated by race necessary for cities and the state to make informed decisions about how to address racial disparities • developing a state system for the proactive and innovative development and de- livery of resources to local government to address racial equity, including policy and service options, local engagement tools, policy expertise, and financial re- sources • actively reviewing and amending existing statutory language to identify laws that contribute to racial inequities and considering racial equity impacts when crafting proposed legislation and policies • working to improve access to procurement opportunities for veteran-, woman-, and minority-owned businesses Page 16 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 COMMUNITY AFFAIRS C2. Support Equitable And Inclusive Elections City Position The City of Golden Valley supports expansive and accessible voting rights. Pro- viding consistent statewide standards, allowing local decision-making control of certain aspects in city elections, and expanding voting rights are vital to improving access to voting and the efficiency of election administration. Issue Current law limits the ability for some residents of Golden Valley to use voting as their voice. Many Golden Valley residents are unable to vote due to: • burdensome rules and inconsistent information about when voting rights are restored to those convicted of a felony • restrictions prohibiting taxpaying, lawful, noncitizens from participating in selecting their local representatives • state laws that do not allow online absentee ballot requests for local elections Furthermore, local decision-making control to adopt Ranked Choice Voting (RCV) in city elections is currently only available to charter cities. RCV allows voters to rank candidates by preference, which leads to a more representative government because the winning candidate in an RCV election has the broadest support of all voters in the community. Actions The City of Golden Valley supports: • restoring voting rights for those convicted of a felony who have served the en- tirety of their sentence and are not incarcerated • giving cities the authority to consider and adopt regulations that would allow all lawful residents over age 18 to vote in city elections, regardless of US citizenship status • creating consistency in absentee voter outreach opportunities, including legisla- tion to allow online absentee ballot requests for local elections • allowing statutory cities to consider and adopt RCV • enacting state-level standards and equipment for RCV Page 17 City of Golden Valley 2022 Legislative Priorities C3. Police Arbitration Reform City Position The City of Golden Valley strongly urges the Minnesota State Legislature to con- sider changes to the current Minnesota Public Employment Labor Relations Act (MPELRA) arbitration system in any further discussions or proposals that address police reform measures. Issue As it now stands, the arbitration system undermines the ability of elected and appointed officials, including police chiefs and city managers, to make lasting departmental disciplinary or termination decisions that protect residents and help to ensure a responsible public safety environment in their communities. Without systemic changes, arbitrator opinions are allowed to override the professional judgment of police supervisors when it comes to deciding what constitutes just cause and who ultimately is permitted to return to the streets as an officer. Consequently, rigorous police department accountability standards continue to be compromised at a time when they are needed more than ever. Actions • The City supports a new reasonable standard of review in police misconduct cases. This is necessary to uphold discipline decisions that are entrusted to the local officials ultimately responsible for protecting their communities. Including a new, reduced standard of review in police discipline matters is important to foster cultural change as well as to enhance and support effective police officer ac- countability and transparency measures that are included in the Police Account- ability Act of 2020. The new standard should focus the arbitrator’s role on simply determining whether the facts presented show that the employer’s actions were reasonable and consistent with city and departmental policies. • The City supports using administrative law judges (ALJs) for grievances involv- ing terminations and discipline related to police misconduct. The ALJ process would involve robust fact-finding and technical legal parameters that would help ensure a thorough review of the officer’s and employer’s actions. This model also provides an appeals process, which the arbitration process does not. The City believes the severity and importance of police cases involving terminations and discipline related to police misconduct warrant them being elevated into the ALJ system. COMMUNITY AFFAIRS Page 18 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 COMMUNITY AFFAIRS C4. Support For Ban On Conversion Therapy Practices City Position The City of Golden Valley supports the State Legislature banning the practice of conversion therapy for minors in the State of Minnesota. Issue Conversion therapy, also known as reparative therapy, is a practice or treatment that seeks to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. Conversion therapy is based on the discredited premise that being lesbian, gay, bisexual, transgender, or queer (LGBTQ+) is a mental disorder that can be cured or corrected. Medical, mental health, and child welfare experts, including the American Medical Association and the American Psychiatric Association, have denounced conversion therapy as ineffective, unreliable, unethical, and unsafe for the people who undergo such treatment, including LGBTQ+ people. Furthermore, conversion therapy has been shown to cause serious and dangerous harm to those who are subjected to such treatments, including depression, anxiety, increased suicidal behaviors, lowered self-esteem, internalized homophobia, self- blame, intrusive imagery, sexual dysfunction, and interpersonal harm, such as alienation, loneliness, social isolation, interference with intimate relationships, and loss of social supports. The State of Minnesota regulates and licenses behavioral and mental health professionals but has so far not addressed the serious issue of conversion therapy. Action The City of Golden Valley supports the State Legislature banning the practice of conversion therapy for minors in the State of Minnesota. The City supports a ban that applies to any and all forms of conversion therapy, but that excludes a prohibi- tion on practices or treatments that provide acceptance, support, and understand- ing for the facilitation of an individual’s coping, social support, and identity explora- tion and development, or treatment to support gender identity transition. Page 19 City of Golden Valley 2022 Legislative PrioritiesPage 20 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 21 APPENDIX City of Golden Valley 2022 Legislative PrioritiesPage 22 Appendix F4. Modify Obsolete Fiscal Disparities Formula To Assist Local Units Of Government With Basic Needs 20-Year History Of Golden Valley’s Fiscal Disparities Contributions With 40 Percent Program 2001 $629,460 2002 $1,289,977 2003 $873,927 2004 $1,343,255 2005 $1,384,112 2006 $1,462,884 2007 $1,437,447 2008 $1,756,887 2009 $2,141,648 2010 $2,325,874 2011 $2,311,610 2012 $2,262,916 2013 $2,119,872 2014 $2,662,702 2015 $2,401,573 2016 $2,321,355 2017 $2,676,662 2018 $2,674,558 2019 $2,727,495 2020 $2,961,983 Total $39,766,196 20-Year Projection Of Golden Valley’s Fiscal Disparities Gains With 30 Percent Program* 2021 $698,408 2022 $718,685 2023 $739,182 2024 $759,902 2025 $780,845 2026 $802,012 2027 $823,406 2028 $845,026 2029 $866,876 2030 $888,956 2031 $911,266 2032 $933,810 2033 $956,587 2034 $979,600 2035 $1,002,848 2036 $1,026,335 2037 $1,050,060 2038 $1,074,026 2039 $1,098,233 2040 $1,122,682 Total $18,078,744 * New commercial/industrial tax capacity value prospectively 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 23 Appendix F5. Support Funding For Local Government Aid 10-Year History Of Local Government Aid Distribution And Its Impact On Golden Valley Total LGA Statewide Distribution Golden Valley Portion 2011 $425,345,348 0 2012 $425,238,384 0 2013 $427,494,640 0 2014 $507,598,012 $219,081 2015 $516,898,012 $240,503 2016 $519,398,012 $252,446 2017 $519,398,012 $252,895 2018 $534,398,012 $37,185 2019 $534,398,012 0 2020 $560,398,012 0 City of Golden Valley 2022 Legislative PrioritiesPage 24 Appendix F6. Support Funding For Affordable And Workforce Housing • Golden Valley Affordable Housing Work Plan 2020 (2 pages) 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Golden Valley Affordable Housing Work Plan - 2020 Last updated: January 2020 Prepared By Emily Goellner, Senior Planner/Grant Writer Summary Based on direction from the Council and Manager, staff has developed a work plan on affordable housing strategies and policies. Key Points • The role that the City plays in local housing policy and programming has expanded rapidly since 2017. • Staff will continue focusing on building relationshi ps with NOAH property owners, landlords, and property managers in 2019. • Since health and safety are central to the City’s housing interests, any new policies or programs should not unintentionally discourage property improvements, rehabilitation, and code compliance. • The 2040 Comprehensive Plan identifies many goals and action steps for the City to take. They are categorized into five goals: quality, variety, affordability, sustainability, and equity. Staff will work with existing human and financial resources to implement the plan. • Staffing and budgeting impacts associated with policy and program options must continue to be examined to ensure that administration, enforcement, and education can be completed properly. • Some policies and program ideas will be most impactful if enacted on a regional or state level. • The Housing Preservation Tools Workgroup meetings are attended by staff at Golden Valley and ten other city governments (Minneapolis, St. Paul, St. Louis Park, Edina, Eden Prairie, Bloomington, Richfield, Hopkins, Brooklyn Center, and Brooklyn Park), Henne pin County, Minnesota Housing Finance Agency, Metro HRA, Urban Land Institute, and Family Housing Fund. The meetings are held to inform policy recommendations, share knowledge, and bring important stakeholders to the conversations. This group will continue to meet regularly. Staff has accomplished the following actions: 1. Adopted a Tenant Protection Ordinance (applicable to owners upon sale of NOAH property) and notified property owners 2. Adopted the 2040 Comprehensive Plan, which includes an extensive list of actions to be taken to meet affordable housing goals 3. Hosted a training on Section 8 Housing Choice Vouchers by the Metro HRA at the February STAR Program meeting for property managers 4. Received CDBG funding for a land trust home for West Hennepin Afforda ble Housing Land Trust (WHAHLT) (dba Homes Within Reach) 5. Applied for CDBG, AHIF, and HOME funding for an additional land trust home with West Hennepin Affordable Housing Land Trust (WHAHLT) (dba Homes Within Reach) Page 25 City of Golden Valley 2022 Legislative PrioritiesPage 26 6. Researched opportunities for an HRA levy a. Bonds or loans to rehabilitation or acquisition/resale of affordable properties b. Establish a loan program for maintenance of NOAH and/or single-family homes c. Other programs that further the Housing Policy Plan in the 2040 Comp Plan 7. Expanded the City’s legislative priority on affordable housing 8. Adopted changes to the Mixed Income Housing Policy to increase the number of housing projects required to comply 9. Provided input at the regional housing forum hosted by Governor Dayton’s Task Force on Affordable Housing 10. Planning, Fire, and Police department staff met to monitor condition of housing stock 11. Implemented a 4d property tax program to help preserve existing NOAH units within the City. Staff is taking continuing action on the following strategies : 12. Host additional discussions with NOAH property owners/manager and staff from the Minnesota Multi -Family Housing Association (MHA) 13. Create plan and timeline for selling and developing publicly owned vacant land for affordable housing 14. Update the Housing page on the City website to include more home remodeling information 15. Continue monitoring condition of housing stock and rental rates a. Request rental rate information with rental licensing program applications b. Perform update to housing inventory every 5 years c. Continue monitoring housing stock conditions with inspections 16. Actively follow the work of Prosperity’s Front Door, which is the next step after the Governor Dayton’s Task Force on Affordable Housing 17. Perform an evaluation of the STAR progra m for rental properties and recommend enhancements that help the City meet a variety of housing goals 18. Contact property owners to promote NOAH loan program with Greater MN Housing Fund (GMHC), which provides equity for property improvements in exchange for maintained rents 19. Exploring the possibility of using vacant public lands as the basis for new affordable housing via public land disposition. Staff is continuing research in partnership with other suburban cities on the following strategies: 20. Research ordinance prohibiting landlords from excluding Section 8 voucher holders from a building’s rental application process (pending MPLS lawsuit) 21. Continue monitoring lawsuit involving the City of Minneapolis policy that prohibits landlords from excluding Section 8 voucher holders from a building’s rental application process (at least 4 cities are interested in adopting a policy if lawsuit decides in favor of City of Minneapolis) 22. Research the benefits and process for the adoption of a local Fair Housing Policy, which the Metropolitan Council requires for participation in their grant programs for housing projects 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Appendix T1. Support Full Funding For Bus Rapid Transit (BRT) And Multimodal Infrastructure Or Transportation • Resolution: Supporting Future Bus Rapid Transit (BRT) Service On Highway 55 And Participation In Additional Study Of The Corridor (2 pages) • Map: Highway 55 & Winnetka Avenue Concepts (1 page) Page 27 City of Golden Valley 2022 Legislative PrioritiesPage 28 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 29 City of Golden Valley 2022 Legislative PrioritiesPage 30 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Appendix E1. Continue To Adequately Fund The DNR Flood Damage Reduction Program For Local Projects • Map: DeCola Ponds Flood Mitigation Area (2 pages) Page 31 City of Golden Valley 2022 Legislative Priorities Gold e n Val le y New H ope Decola Pond B Decola Pond C Explore Potential for Flood Storage Proposed Flood Storage Area Completed, Liberty Crossing Infrastructure Improvement Project Under Construction, DeCola Ponds B & C Improvement Project Cr ysta l 0 450 900225 Feet Floodplain Flood Prone Properties Flood Storage Area Sub-Watershed Boundary Project Location D eCo la Po nd s New Hope Crystal Medicine Lake RdMedicine Lake Rd Douglas Dr NDouglas Dr NWinnetka Ave NWinnetka Ave N32nd Ave N32nd Ave N Olympia StOlympia StBBoooonneeAAvveeDuluth StDuluth St Hampshire AveHampshire AveBrunswick AveBrunswick AveSandburg RdSandburg RdLouisiana AveLouisiana AveNevada AveNevada AveNevada Ave NNevada Ave NGolden Valley DeCola Ponds, Medicine Lake Road and Winnetka Avenue Long-Term Flood Mitigation Plan I Print Date: 1/8/2020 Sources: -Hennepin County Surveyors O ffice for aerial photography (2018). -MnDNR for city boundary lines & road data (2014). -Barr for 100-year in undation are a & watershed boundary of project area (2017). -City of G olden Valley for all other layers. Page 32 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Golden Valley New Hope Decola Pond BDecola Pond C Explore Potential for Flood Storage Proposed Flood Storage Area Completed, Liberty Crossing Infrastructure Improvement Project Under Construction, DeCola Ponds B & C Improvement Project Cr ysta l 0 450 900225 Feet Floodplain Flood Prone Properties Flood Storage Area Sub-Watershed Boundary Project Location DeCola Ponds New HopeCrystal Medicine Lake RdMedicine Lake RdDouglas Dr NDouglas Dr NWinnetka Ave NWinnetka Ave N32nd Ave N32nd Ave N Olympia StOlympia StBBoooonneeAAvveeDuluth StDuluth StHampshire AveHampshire AveBrunswick AveBrunswick AveSandburg RdSandburg RdLouisiana AveLouisiana AveNevada AveNevada AveNevada Ave NNevada Ave NGolden Valley DeCola Ponds, Medicine Lake Road and Winnetka Avenue Long-Term Flood Mitigation Plan I Print Date: 1/8/2020 Sources: -Hennepin County Surveyors O ffice for aerial photography (2018). -MnDNR for city boundary lines & road data (2014). -Barr for 100-year in undation are a & watershed boundary of project area (2017). -City of G olden Valley for all other layers. Page 33 City of Golden Valley 2022 Legislative Priorities Appendix E2. Climate Emergency Declaration: Support Policies And Investments Mitigating The Impact Of Climate Change • City Council Resolution No. 21-100 Declaring a Climate Emergency in Golden Valley (5 pages) • City Council Resolution No. 22-____ Joining with Cities and Counties Accross Minnesota/US/World Declaring a Climate Emergency (will be added after City Council approves it Jan 18) Page 34 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 DocuSign Envelope ID: 1DA87CA8-E46B-4731-B50B-9A559F37E283 RESOLUTION NO. 21-100 RESOLUTION DECLARING A CLIMATE EMERGENCY IMPACTING THE ENVIRONMENT, ECONOMY, AND HUMAN HEAL TH WHEREAS, in 2021 Golden Valley experienced numerous climate change related impacts including a record June heat wave, drought conditions, water use restrictions, and poor air quality from drought-fueled forest fires prompting residents to restrict outdoor activity and remain indoors for periods, making it clear that the climate crisis is not only a future issue - it is affecting us here and now; WHEREAS, hundreds of Golden Valley properties are at risk of flooding and flood damage during heavy or intense precipitation events which can cause significant hardship and economic loss; WHEREAS, Golden Valley residents have increasingly reported experiencing drainage and flooding issues, high groundwater issues, and historically high surface water levels in water bodies throughout the community; WHEREAS, the frequency of daily rainfalls greater than 3 inches has increased 66% in the past century and annual precipitation in the Twin Cities increased from an average of 26.18 inches between 1940-1979 to an average of 30.92 inches between 1980-2018, increasing the frequency of flooding, landslides, freeze/thaw cycles, ice storms, rain on frozen ground events, and heavy snowstorms which put increased strain on city operations, residents, businesses, and the natural environment; WHEREAS, ice cover on Minnesota lakes has declined an average of 10-14 days over the past 50 years and winter temperatures are warming nearly ten times faster than summer temperatures, increasing by approximately 2.2 degrees Fahrenheit per decade since 1969 based on data collected at MSP airport; WHEREAS, the urban heat island effect causes nighttime temperatures in the first ring suburbs of Hennepin County to be 2 degrees Fahrenheit higher on average compared to surrounding areas and spikes to as much as 9 degrees Fahrenheit higher than surrounding areas during a heat wave, and is expected to increase due to climate change, affecting the health and well-being of residents; WHEREAS, the high-risk climate hazards for Golden Valley include invasive species and pests, more freeze/thaw cycles, more frequent and intense heavy rainfalls, and extreme heat, and the moderate-risk climate hazards include extreme wind events and tornadoes, diminished air quality, and vector-borne diseases as outlined in the Page 35 City of Golden Valley 2022 Legislative Priorities DocuSign Envelope ID: 1DA87CA8-E46B-4731-B50B-9A559F37E283 Vulnerability Assessment in the Resilience and Sustainability chapter of Golden Valley's 2040 Comprehensive Plan; WHEREAS, extreme weather will create new challenges for Golden Valley's infrastructure and finances and will pose a threat to the health, safety, and economic vitality of our residents and businesses; WHEREAS, historic and present policies and decisions created disparate impacts for Black, Indigenous, People of Color and people of lower socioeconomic status; WHEREAS, the greatest burden from an inadequate response to the climate crisis will be felt by historically excluded, marginalized and underserved communities, the youngest generation including the children and grandchildren of Golden Valley community members, and future generations; WHEREAS, the impacts of climate change are affecting all residents, but the impacts will not be felt equally, and like other environmental justice issues, Hennepin County data show that our communities of color, low-income families, and residents with disabilities contribute least to the problem of climate pollution but are the most at risk from negative climate impacts, especially during flooding events, heat waves, and poor air quality days, and we acknowledge that those who have the least capacity to respond to climate change will be most affected; WHEREAS, in Minnesota, the ten warmest and wettest years ever recorded have all occurred since 1998, warming surface waters and leading to a significant loss of fish habitat for many prominent species as well as increasing the risk of harmful algae blooms, forests are changing as native northern species are strained by warming temperatures, crops are stressed by cycles of drought and floods, home insurance rates are rising faster than the national average and faster warming winters are leading to new pests as well as shorter winter recreation seasons; WHEREAS, the bi-partisan Next Generation Energy Act, passed by the Minnesota State Legislature and signed by then Governor Tim Pawlenty in 2007, committed our State to achieving an 80% reduction in greenhouse gas emissions by 2050 and with interim goals of 15% and 30% below 2005 greenhouse gas emissions levels by 2015 and 2025, respectively, with cities being key drivers of achieving these goals; WHEREAS, our State did not meet its 2015 goal, and is not yet on track to reach our future targets; Page 36 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 DocuSign Envelope ID: 1 DA87CA8-E46B-4731-B50B-9A559F37E283 WHEREAS, in April 2016 world leaders from 175 countries, including the United States, recognized the threat of climate change and the urgent need to combat it by signing the Paris Agreement, agreeing to "pursue efforts to limit the temperature increase to 1.5 degrees Celsius (2.7 degrees Fahrenheit)"; WHEREAS, we have already reached a temperature increase of nearly 1.1 degrees Celsius (nearly 2 degrees Fahrenheit) as compared to pre-industrial times and the widespread impacts already realized by this level of global warming demonstrate that the Earth is already too hot for safety and justice, as attested by increased and intensifying wildfires, floods, rising seas, diseases, droughts, and extreme weather, threatening the food security, water supply, and well-being of billions of people; WHEREAS, in August 2021 the Intergovernmental Panel on Climate Change (IPCC), the United Nations body responsible for assessing the science related to climate __ change, released a report that stated "It is unequivocal that human influence has warmed the atmosphere and land," and that "Human influence has warmed the climate at a rate that is unprecedented in at least the last 2000 years," and "with every additional increment of global warming, changes in extremes continue to become larger," and "leaders at all levels must take immediate action to reduce greenhouse gas emissions to prevent catastrophic impacts"; WHEREAS, the Department of State, the Department of Defense, and the intelligence community have identified climate change as a threat to national security, and the Department of Homeland Security views climate change as a top homeland security risk; WHEREAS, recent scientific research indicates that to achieve the goal of limiting temperature increase to 1.5 degrees Celsius (2.7 degrees Fahrenheit), carbon emissions must be halved by 2030 and reach net zero global emissions by 2050; WHEREAS, a transition to a clean energy economy, if not carefully planned, would have a disruptive effect and impact on the livelihoods of many in our community while a well-planned transition may provide expanded job opportunities and affordable and reliable energy for local residents; WHEREAS, the massive scope and scale of action necessary to stabilize the climate will require unprecedented levels of public awareness, engagement, and deliberation to develop and implement effective, just, and equitable policies to address climate change; Page 37 City of Golden Valley 2022 Legislative PrioritiesPage 38 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 DocuSign Envelope ID: 1DA87CA8-E46B-4731-B50B-9A559F37E283 BE IT FURTHER RESOLVED, Golden Valley calls on the Minnesota legislature and executive branch to immediately and aggressively support cities of all sizes around Minnesota to both mitigate and adapt to the effects of climate change including providing funding and resources for the development and implementation of climate action plans. BE IT FURTHER RESOLVED, Golden Valley calls on the federal government to immediately commit resources to support the climate mitigation and adaptation efforts of cities large and small, to invest in the infrastructure needed for a resilient, sustainable, and equitable future, to ensure that investment is at the scale needed, and to provide the necessary global leadership to keep global warming to 1.5 degrees Celsius (2.7 degrees Fahrenheit). Adopted by the City Council of Golden Valley, Minnesota this 21st day of December 2021. Shepard M. Harris, Mayor ATTEST: Theresa J. Schyma, City Clerk Page 39 City of Golden Valley 2022 Legislative Priorities Appendix E3. Support Funding For Metropolitan Council Inflow/Infiltration Grants—Public And Private Improvements • Memo: MCES I&I Grant Benefits – City of Golden Valley (1 page) Page 40 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 G:\Communications\City Council\Legislative Policies\2016\Appendices\MCES Grant Benefit Memo.docx Date: January 28, 2016 To: Tim Cruikshank, City Manager From: Jeff Oliver, PE, City Engineer R.J. Kakach, EIT, Engineer Subject: MCES I&I Grant Benefits – City of Golden Valley The City of Golden Valley has utilized funding from the Metropolitan Council Environmental Services (MCES) Grant Programs to reduce Inflow and Infiltration (I&I) in both the public and private sewer systems over the past several years. The public grants have provided additional funding to allow expanded scopes on projects and decreased timelines on I&I reduction programs. For example, as part of the annual street reconstruction projects, we have been able to increase sewer lining and manhole sealing quantities with the extra grant money that was available. Also, we were able to expedite a five to seven year sanitary sewer manhole cover replacement program into four years with additional funding from MCES. The 2013-2014 MCES private sewer grant allowed residents to repair their sanitary sewer lateral and be reimbursed by MCES at 33% of the repair cost up to $2,000. The available funding through this grant was so popular that City staff had to turn away applicants. Nearly 300 properties applied for the grant over the two year period. This reimbursement opportunity from MCES led to an increase in I&I compliance with the City Ordinance. The Ordinance requires all properties to become compliant prior to the sale of a property. This allows the City to gradually reduce I&I in the private system. The grant money attracted interest from properties all over the City, including people who were not selling their home. This extra interest in becoming I&I compliant from the available MCES grant funding helped propel the City forward in their I&I mitigation efforts. The public and private grants provided by MCES have helped to lower Golden Valley’s annual sanitary sewer flows over the past five years. The public grant has allowed for more thorough I&I reduction to be done with street reconstruction projects and I&I mitigation programs whereas the private grant increased interest in becoming compliant with the City’s I&I Ordinance. The additional funding from MCES has pushed Golden Valley ahead in their goal to reduce I&I in the sanitary sewer system. Page 41 City of Golden Valley 2022 Legislative PrioritiesPage 43 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006City of Golden Valley 2022 Legislative Priorities Golden Valley Council Manager Meeting January 21, 2022 Agenda Item 3. G. Approve Resolution 22-011 Supporting the Authority to Impose a Local Sales Tax to Fund Specific Capital Improvements Prepared By Sue Virnig, Finance Director Marc Nevinski, Physical Development Director Summary In order to use Local Option Sales Tax as outlined in the legislative priorities a resolution is required and needs to be passed by January 31,2022. The following needs to be included: • Proposed tax rate • Detailed description of up to five capital projects to be funded with the tax • Documentation of how each project will provide an economic benefit to residents, businesses and visitors from outside the jurisdiction • Amount of revenue to be raised and estimated time needed to raise funds • Estimated length of time the tax will be effect if all proposed projects are approved Financial Or Budget Considerations The Local Option Sales Tax will provide additional financing for the capital improvements that are outlined in the resolution. Recommended Action Approve Resolution 22-011 Supporting the Authority to Impose a Local Sales Tax to fund specific capital Improvements that provide regional benefit, to establish the duration of the tax and the revenue to be raised by the tax, and to authorize the City of Golden Valley to issue bonds supported by the sales tax revenue. Supporting Documents Resolution 21-011 Supporting the Authority to Impose a Local Sales Tax to fund specific capital Improvements that provide regional benefit, to establish the duration of the tax and the revenue to be raised by the tax, and to authorize the City of Golden Valley to issue bonds supported by the sales tax revenue (3 pages). RESOLUTION NO. 22-011 SUPPORTING THE AUTHORITY TO IMPOSE A LOCAL SALES TAX TO FUND SPECIFIC CAPITAL IMPROVEMENTS THAT PROVIDE REGIONAL BENEFIT, TO ESTABLISH THE DURATION OF THE TAX AND THE REVENUE TO BE RAISED BY THE TAX, AND TO AUTHORIZE THE CITY OF GOLDEN VALLEY TO ISSUE BONDS SUPPORTED BY THE SALES TAX REVENUE WHEREAS, the City of Golden conducted a comprehensive study in 2021 to identify the future needs of its Public Safety, Public Works and City Hall facilities; and WHEREAS, the study determined that the City’s facilities are outdated and undersized, create inefficiencies, and cannot be effectively remodeled to meet modern standards; and WHEREAS, the City extensively engaged residents and businesses during the study to establish principles, priorities and scenarios to develop a long-term phased approach to address its facility needs; and WHEREAS, the City’s Public Safety operations serve the needs of the surrounding communities through emergency responses and regional collaboration; and WHEREAS, the City’s Public Works operations manage and support a water supply system jointly owned and operated by the cities of Golden Valley, Crystal and New Hope, with water purchased by the City of Minneapolis and stored in reservoirs located in Crystal and Golden Valley; and WHEREAS, the City’s Public Works operations maintain and manage a stormwater management system to protect and enhance the quality of stormwater that drains into the Mississippi River with management from Bassett Creek Water Management Commission which involves nine cites and WHEREAS, the City’s DMV serves residents throughout the region, including the many employees who work in Golden Valley but reside elsewhere, and the City is prominently located in the metro area with four regional corridors that run through it serving many residents and businesses in the western metro; and WHEREAS, following a presentation of the completed facilities study, the City Council identified four areas are needed to be renovated to meet the needs of the City and the region: 1. Remote Fire Station: Currently the City has three stations that serve the city and surrounding communities. The stations are currently staffed by paid-on-call firefighters who must first drive to a station from home or work, resulting in delayed response time. Furthermore, attracting and retaining staff for a paid-on-call staffing model is increasing difficult. A new remote fire station will provide the City and region with facilities to house scheduled duty-crews and provide modern training facilities to serve the region. ($17M) 2. Downtown Public Safety Facility: The current public safety building does not meet the operational needs for contemporary public safety operations, creating many operational inefficiencies. The current facility does not have gender-equitable locker rooms, suitable dedicated training space for classroom and physical training by police officers and fire fighters, sufficient secure space for vehicles and equipment, adequate workspace for officers and firefighters to complete administrative duties, or space to meet or engage with the public. The building’s structural construction and limited site size limit the ability to modify or expand. (61.5M) 2. Public Works Facility: The City’s Public Works Department encompasses four divisions (Parks, Streets, Utilities, Vehicle Maintenance) to maintain local and regional infrastructure, parks, vehicles and buildings. Work includes planned maintenance projects throughout the year, seasonal maintenance and response and emergency repairs. Currently Public Works operates out of four buildings on two different sites. A new public works facility would be moved out of the downtown area to allow more housing options. Public Works operates under a regional approach for mutual aid, works with the Bassett Creek Water Management Commission (9 cities) that works with storm water management, and the Joint Water Commission (3 cities) to maintain a water distribution system with the City of Minneapolis water. Golden Valley has four major trunk highway systems. ($56.3M) 3. City Hall: City Hall serves as a gathering and meeting space for public discourse and policy making that affects residents, businesses, and workers throughout the entire metro region, not just Golden Valley. The DMV serves residents and dealership from around the metro area. Current facilities present many challenges to accessing these spaces, and the building’s structural layout limits the ability to cost effectively remodel or expand. ($33.8M) WHEREAS, the projected cost to construct new facilities that meet the needs of the community and the region over a thirty year period exceed $160M. WHEREAS, the Minnesota Department of Revenue’s estimate for the City of Golden Valley estimates that a local sales tax of 0.5 percent would generate $2.8 million annually. WHEREAS, the City has provided documentation of the regional significance of each project, including the share of the economic benefit to or use of each project by persons residing, or businesses located, outside of the jurisdiction; and WHEREAS, the estimated local sales tax revenue and estimated time needed to raise that amount of revenue for the project is as follows: • Municipal Facilities as described earlier WHEREAS, Minn. Stat.§ 297A.99 authorizes the imposition of a general sales tax if permitted by special law of the Minnesota Legislature; and WHEREAS, Minn. Stat.§ 297A.99 requires the City to pass a resolution authorizing such a local tax and to obtain Legislative approval prior to approval by the local voters to enact the local tax. NOW, THEREFORE, BE IT RESOLVED THAT the City Council supports the authority to impose a general local sales tax of 0.5 percent for a period of 30 years to fund the aforementioned project(s). Upon approval of this resolution, the City will submit the adopted resolution and documentation of regional significance to the chairs and ranking minority members of the House and Senate Taxes committees for approval and passage of a special law authorizing the tax, by January 31 of the year that it is seeking the special law. Upon Legislative approval and passage of the special law authorizing the tax, the City will adopt a resolution accepting the new law, which will be filed with a local approval certificate to the Office of the Secretary of State before the following Legislative session. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City will put a detailed ballot question(s), which includes separate questions for each project, on a general election ballot for local voter approval. This will be done within two years of receiving legislative authority. If the ballot question passes, the City will also pass an ordinance imposing the tax and notify the Commissioner of Revenue at least 90 days before the first day of the calendar quarter that the tax will be imposed. Upon completion of the aforementioned requirements, the local sales tax will commence and run thirty (30) years or until a sum sufficient to fund the voter approved project(s), including related debt costs, is raised, whichever comes first. Adopted by the City Council of Golden Valley, Minnesota this 18th day of January 2022. __________________________ Shepard M. Harris, Mayor ATTEST: ____________________________ Theresa J. Schyma, City Clerk Golden Valley City Council Meeting January 18, 2022 Agenda Item 3. H. Approve 2022 Appointments, Assignments, and Reimbursements Prepared By Tara Olmo, Assistant to the City Manager’s Office Summary Each year, the City Council appoints its members and staff to fill several roles required by statute. Additionally, the Council appoints its members to serve as representatives on various assignments. The proposed appointments are as follows: 1. Acting Mayor. Each year, the Council must appoint an Acting Mayor to fulfill the duties of Mayor during the disability or absence of the Mayor. (Minn. Stat. § 412.121.) This duty has historically been rotated. Listed below is the history of Mayor Pro Tem appointments: • 2017 – Schmidgall • 2018 – Fonnest • 2019 – Clausen • 2020 – Rosenquist • 2021 – Sanberg The proposed Acting Mayor for 2022 is Council Member Harris 2. Assistant Weed Inspector. Under Minnesota Statute, the Mayor acts as the weed inspector for the City. Each year, the City appoints assistant weed inspectors (Minn. Stat. § 18.80, subd. 3) to carry out the duties of weed inspector. Historically, employees of the Fire Department, Parks and Recreation Department and the City Forester have filled this role. The proposed assistant weed inspectors for 2022 are: • Chris Sorheim, Fire/Property Maintenance Specialist • Jake Dashiell, Fire/Property Maintenance Specialist • Al Lundstrom, Park Supervisor • Tim Teynor, City Forester City Council Regular Meeting Executive Summary City of Golden Valley January 18, 2022 2 3. Board and Commission Liaisons. Each year, the Council appoints one Council Member to act as a liaison to each Board and Commission. The Proposed Board and Commission Liaisons for 2022 are as follows: Board or Commission 2022 Council Liaison Board of Zoning Appeals Rosenquist Environmental Commission Sanberg Human Services Commission La Mere-Anderson Open Space and Recreation Commission Harris, M Planning Commission La Mere-Anderson Diversity Equity & Inclusion Commission Harris, M Police Employment, Accountability & Community Engagement (PEACE) Sanberg 4. Other Assignments. Each year, the Council assigns Council Members to serve as representatives on various other assignments. These appointments are for a one-year term. (Golden Valley City Code Section 2-43(b).) The proposed Council appointments for 2022 are as follows: Assignment 2022 Appointed Official 169 Corridor Committee Council Member Rosenquist Beyond the Yellow Ribbon Campaign Mayor Harris Blue Line Now! Coalition Mayor Harris (Delegate) Council Member Rosenquist (Alternate) Bottineau Light Rail Community Works Steering Committee Council Member Rosenquist Golden Valley Business Council Council Member Harris (Delegate) Mayor Harris (Alternate) Golden Valley Historical Society Board Council Member La Mere-Anderson Highway 55 Bus Rapid Transit Council Member Rosenquist Hopkins School District 270 Caring Youth Committee Council Member Sanberg Hopkins School District 270 Cities Joint Meetings Council Member Sanberg Legislative Liaison and Spokesperson Mayor Harris METRO Blue Line Extension Corridor Management Committee Mayor Harris (Delegate) Council Member Rosenquist (Alternate) Metro Cities/LMC Varies City Council Regular Meeting Executive Summary City of Golden Valley January 18, 2022 3 Assignment 2022 Appointed Official Minneapolis Park and Recreation Board Committee Council Member Rosenquist (Delegate) Mayor Harris (Alternate) Minneapolis Regional Chamber of Commerce Council Member Harris Minneapolis Water Advisory Board Mayor Harris Municipal Legislative Commission Mayor Harris (Delegate) Council Member Harris (Alternate) Northwest Suburbs Cable Communications/ CCX Council Member Sanberg Quarterly Police Department Committee Mayor Harris (Regular Representative) 1 rotation Regional Council of Mayors Mayor Harris Robbinsdale School District 281 Government Advisory Committee Council Member Sanberg Sochacki Park Governance Policy Board Council Member Rosenquist (Delegate) Mayor Harris (Alternate) 5. Discover St. Louis Park. Periodically, the City Council appoints a representative to the Discover St. Louis Park Board (the Saint Louis Park Visitors and Convention Bureau). Historically, this role has been filled by the City Manager. The proposed appointment to DSLP for 2022 is as follows: Assignment 2022 Appointed Official Discover St. Louis Park Board City Manager Cruikshank Financial Or Budget Considerations Under City Code, section 2-43, the Mayor and Council are paid $50 for each meeting they are directed or designated to attend, up to a maximum of $150 per month. Where a delegate and alternate are appointed, the delegate is eligible for payment for all meetings they attend. The alternate is eligible for payment for all meetings they attend that the delegate does not attend. The Ordinance requires the Council to outline the method for approval of meetings by resolution. The attached resolution meets this requirement. Supporting Documents • Resolution No. 22-012 for approval of additional assignments and meetings payment attended by the Mayor and Council (1 page) RESOLUTION NO. 22-012 RESOLUTION FOR APPROVAL OF ADDITIONAL ASSIGNMENTS AND MEETINGS PAYMENT ATTENDED BY THE MAYOR AND COUNCIL WHEREAS, each year the City Council assigns Council Members to serve as representatives on various Committees and Subcommittees; and WHEREAS, Golden Valley City Code Section 2-43(b) states "In addition to their salaries, the Mayor and Council shall be paid $50 for each meeting they are directed or designated to attend, up to a maximum of $150 per month. The method for approval of meetings shall be outlined by resolution of the Council"; and WHEREAS, at the January 18, 2022, City Council meeting, the Council approved assignments to the following: • 169 Corridor Committee • Beyond the Yellow Ribbon Campaign • Blue Line Now! Coalition • Bottineau Light Rail Community Works Steering Committee • Golden Valley Business Council • Golden Valley Historical Society Board • Highway 55 Bus Rapid Transit • Hopkins School District 270 Caring Youth Committee • Hopkins School District 270 Cities Joint Meetings • League of Minnesota Cities • Legislative Liaison and Spokesperson • METRO Blue Line Extension Corridor Management Committee • Metro Cities • Minneapolis Park and Recreation Board Committee • Minneapolis Regional Chamber of Commerce • Minneapolis Water Advisory Board • Municipal Legislative Commission • Northwest Suburbs Cable Communications/ CCX • Regional Council of Mayors • Regional Council of Mayors • Robbinsdale School District 281 Government Advisory Committee Sochacki Park Governance Policy Board NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Golden Valley that it hereby approves payment to the Mayor and Council for attendance at the above listed meetings pursuant to City Code Section 2-43(b) and that payment shall be made upon submission of proof of attendance at the meeting to the City Manager. Where a delegate and alternate are appointed, the delegate is eligible to be paid for all meetings they attend. The alternate is eligible for payment for all meetings they attend that the delegate does not attend. Adopted by the City Council of Golden Valley, Minnesota this 18th day of January 2022. ______________________ Shepard M. Harris, Mayor ATTEST: _______________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting January 18, 2022 Agenda Item 5. A. 1. Zoning Map Amendment for 6300 Olson Memorial Highway Prepared By Jason Zimmerman, Planning Manager Summary At the December 7, 2021, meeting of the City Council, United Properties brought a petition to amend the City’s Future Land Use Map and to rezone the property located at 6300 Olson Memorial Highway for Light Industrial use instead of the current designation of Office. This would allow for the construction of a new business center that would provide space for office, warehousing, R&D, and light manufacturing. At the meeting, a public hearing was held for both items and the Council voted (4-1) to approve a resolution related to the change in land use. This action required additional review by the Metropolitan Council since it would require modification to the City’s Comprehensive Plan, and so the rezoning was tabled until this outside review could be completed. In early January, the Metropolitan Council notified City staff that it had completed its review of the Comprehensive Plan Amendment and approved the change. With this approval in place, staff is returning to the City Council in order to consider the Zoning Map amendment. Consideration of a preliminary plat request is also appropriate at this time and is addressed in a separate staff memo. Staff Findings Staff’s findings on this rezoning have not changed since the public hearing in December: 1. The site is currently in an area with a variety of zoning designations, including some that allow for light industrial uses, and would not be out of character with the surrounding neighborhood. 2. Engineering staff is not concerned about the traffic generated by the business center proposed for this site and believes the recent reconstruction of Douglas Drive is more than sufficient to handle what would likely be a decrease in trips compared to historic levels. 3. As noted in the memo on the site’s land use change, the use of this site for a business center fits with a number of the goals and objectives of the Comprehensive Plan. 4. Additionally, the site has been vacant for over five years despite numerous parties having expressed interest. Rezoning this land and allowing for a different type of development to occur that would put a significant area back into productive use. City Council Regular Meeting Executive Summary City of Golden Valley January 18, 2022 2 5. While the focus of rezoning should be on all potential future users under the Light Industrial zoning designation, the narrative provided by United Properties demonstrates an understanding of the current real estate market and desire to provide high quality buildings that are fitting for a prominent location. Financial Or Budget Considerations This rezoning would not require any expenditure by the City. The change would allow the redevelopment of a vacant property to move forward, resulting in future revenue. Recommended Action Motion to adopt Ordinance No. 724, Amending the Zoning Map and Rezoning 6300 Olson Memorial Highway from Office to Light Industrial. Supporting Documents • Ordinance No. 724, Amending the Zoning Map and Rezoning 6300 Olson Memorial Highway from Office to Light Industrial (1 page) ORDINANCE NO 724 AN ORDINANCE AMENDING THE CITY CODE CHAPTER 113 Amending the Zoning Map and Rezoning 6300 Olson Memorial Highway from Office to Light Industrial United Properties, 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 Office to Light Industrial. Section 2. The tracts of land affected by this ordinance are legally described as: Lot 1, Auditor's Subdivision No. 322, Hennepin County, Minnesota. All that part of the Southeast Quarter of the Northeast Quarter of Section 32, Township 118, Range 21, lying South of the right of way of the Electric Short Line Railroad Company and East of the West 653 feet thereof. The East 323 feet of the West 653 feet of that part of the Southeast Quarter of the Northeast Quarter lying South of the right of way of the Minnesota Western Railway Company; The East 323 feet of the West 653 feet of that part of the Northeast Quarter of the Southeast Quarter lying North of the center line of 6th Avenue North; all in Section 32, Township 118, Range 21. 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 18th day of January 2022. _________________________ Shepard M. Harris, Mayor ATTEST: _________________________ Theresa J. Schyma, City Clerk Golden Valley City Council Meeting January 18, 2022 Agenda Item 5. A. 2. Preliminary Plan for Subdivision for 6300 Olson Memorial Highway Prepared By Jason Zimmerman, Planning Manager Summary As referenced in the accompanying zoning memo, at the December 7, 2021, meeting of the City Council, the Council voted to approve a land use change for the property located at 6300 Olson Memorial Highway. This action required additional review by the Metropolitan Council. With this approval now in place, staff is returning to the City Council with a request for approval of a preliminary plat to divide the existing parcel into two new parcels and to allow the applicant to proceed with a proposal to redevelop the site for a new business center. Transportation Improvements As identified in Chapter 4 of the City’s 2040 Comprehensive Plan, this site 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. In light of this, Engineering staff have identified the need for right-of-way to be dedicated through the site 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 east/west between the two proposed lots (in the area currently identified as shared private access for the two buildings) in order to align with the signalized intersection at Douglas Drive. While no timing or funding for a public road have been identified in the City’s ten year Capital Improvement Program, staff believes the proposed subdivision of the property (along with the demolition of the existing structure) provides perhaps the only opportunity in the foreseeable future to position the City to complete this missing piece in the transportation network. For the time being, an east/west right-of-way that does not complete the connection is satisfactory to absorb traffic associated with the redevelopment of 6300 Olson Memorial Highway. If and when other developments are proposed in the area, such as within the Golden Valley Country Club driving range, additional analysis will be needed to determine if the impacts rise to a level that requires the dedication of right-of-way for a north/south segment and completion of the frontage road. Until that time, this area would continue to be utilized as a private access drive serving the new business center. City Council Regular Meeting Executive Summary City of Golden Valley January 18, 2022 2 Dedication of land at 6300 Olson Memorial Highway for this future right-of-way is included as a conditional of approval for the final plat. Staff Findings The staff evaluation of this proposal has not changed since the public hearing in December. According to Section 109-67 of the City Code, the following are the regulations governing approval of a preliminary plat for subdivision: 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 conditionally met. Staff have reviewed the layout and find it to be generally acceptable. Additional drainage and utility easements must be added to the final plat, including an easement over floodplain and wetland areas. As the site is adjacent to both State and County right-of-way, other comments from these jurisdictions must be incorporated into the final plat. 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 met. While the specifics of the site design remain to be fully developed as part of the submittals for the potential site redevelopment, there are no known issues related to water supply, storm drainage, sanitary sewer service, or traffic impacts. 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. City Council Regular Meeting Executive Summary City of Golden Valley January 18, 2022 3 Financial Or Budget Considerations No near-term impacts, though the recommended dedication of land for a future public road provides the possibility of future expenditures for construction. Recommended Action Motion to approve the Preliminary Plan for Subdivision for 6300 Olson Memorial Highway (Golden Valley Business Center) subject to the following conditions: 1. The applicant shall work with staff to dedicate land through 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 (including floodplain and wetland areas). 3. Comments from the Minnesota Department of Transportation and Hennepin County shall be incorporated into the final plat. 4. A park dedication fee of $519,180 (or 6% of the land value) shall be paid prior to the release of the final plat. 5. The City Attorney will determine if a title review is necessary prior to approval of the final plat. Supporting Documents • Preliminary Plat for Golden Valley Business Center (3 pages) • Letter from MnDOT (2 pages) • Letter from Hennepin County (6 pages) • Letter from the Golden Valley Country Club dated January 11, 2022 (4 pages) Metropolitan District 1500 County Road B-2 West Roseville, MN 55113 An equal opportunity employer November 10, 2021 Jason Zimmerman, AICP Planning Manager City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 SUBJECT: Golden Valley Business Center MnDOT Review #P21-052 NW quadrant of Douglas Dr/CR 102 and MN 55 Control Section: 2723 Golden Valley, Hennepin County Dear Jason Zimmerman, The Minnesota Department of Transportation (MnDOT) has reviewed the above referenced preliminary plat and associated plans, received 10/25/21, in compliance with Minnesota Statute 505.03, subdivision 2, Plats. MnDOT offers the following comments: Road Network Connections MnDOT supports connecting Country Club Dr to the existing signalized intersection of Douglas Dr and Olson Memorial Highway Service Road. MN 55 will be closed. Please contact Eric Lauer-Hunt, West Area Traffic Safety, at 651-234-7353 or eric.lauer- hunt@state.mn.us with any questions. Pedestrian and Bicycle Consider providing direct connections from the trail along Douglas Drive to the building entrances to provide access for people walking and biking. Please contact Jesse Thornsen, Pedestrian and Bicycle Planning, at jesse.thornsen@state.mn.us or 651- 234-7788 with any questions. Transit There is a stop for southbound buses adjacent to this parcel immediately northwest of the Douglas Dr and Olson Memorial Hwy Frontage Rd intersection. If there will be impacts to the bus stop, contact Metro Transit at Transit-BusOps-StreetSup-AssistManagers@metc.state.mn.us so they can evaluate the impacts to their service and other potential mitigations. Please contact Jason Junge, Transit Advantages Coordinator, at jason.junge@state.mn.us or 651-234- 7878 with any questions. Page 2 of 2 Permits Any work that affects MnDOT right-of-way will require an appropriate permit. All permits are available and should be submitted at: https://olpa.dot.state.mn.us/OLPA/. Please upload this letter when applying for any permits. District Permits Section at 651-775-0405 (cell) or buck.craig@state.mn.us. Review Submittal Options Review materials received electronically can be processed more rapidly. Do not submit files via a cloud service or SharePoint link. In order of preference, review materials may be submitted as: 1. Email documents and plans in PDF format to metrodevreviews.dot@state.mn.us. Attachments may not exceed 20 megabytes per email. Documents can be zipped as well. If multiple emails are necessary, number each message. 2.Web Transfer Client site: https://mft.dot.state.mn.us. Contact MnDOT Planning development review staff using the same email above for uploading instructions, and send an email listing the file name(s) after the document(s) has/have been uploaded. You are welcome to contact me at 651-234-7792, or david.kratz@state.mn.us with any questions. Sincerely, David Kratz Senior Planner Copy sent via email: Jason Swenson, Water Resources Buck Craig, Permits Doug Nelson, Right of Way Eric Lauer-Hunt, Traffic Jason Junge, Transit Andrew Lutaya, Area Engineer Lance Schowalter, Design Mackenzie Turner Barger, Multimodal Planning Jesse Thornsen, Ped/Bike Planning Tod Sherman, Planning Cameron Muhic, Planning David Elvin, Planning Brandon JB Nelson, Surveying Jason Gottfried, Hennepin County Russell Owen, Metropolitan Council Hennepin County Transportation Project Delivery Public Works Facility, 1600 Prairie Drive, Medina, MN 55340 612-596-0300 | hennepin.us November 9, 2021 Mr. Jason Zimmerman City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Re: Preliminary and Final Plat Review – United Properties (Received 10/25/21) County State Aid Highway (CSAH) 102 (Douglas Drive) Hennepin County Plat Review ID #3962 (Reviewed 11/02/21) Mr. Zimmerman: Please consider the following county staff comments for the subdivision and redevelopment of 6300 Olson Memorial Highway into two lots with a new business center. Access: The county supports the current access to the signalized Olson Memorial Highway North Frontage Road/Douglas Drive intersection and the city’s planned public east-west roadway connection to Country Club Drive (not shown on the plat). Since the proposed partial access driveways on Douglas Drive do not meet the county’s access spacing guidelines, county staff do not support either access due to safety and operations concerns. In addition, county staff recommend internal parking lot revisions to allow additional space for eastbound queueing and westbound parking lot circulation immediately west of the Douglas Drive access. Right-of-way: The county supports the city’s request for right of way dedication and/or easements along Douglas Drive to provide the rights necessary to own and maintain the roadway and regional trail. Storm Water/Drainage: Ensure discharge rates remain less than existing flow rates. The county storm water system will not take water from new drainage areas. Additional treatments may be necessary if flow rates cannot match existing. Contact: Eric Vogel at 612-596-0316 or eric.vogel2@hennepin.us. Permits: Inform the developer that all construction within county right of way requires an approved Hennepin County permit prior to construction. This includes, but is not limited to, driveway and street access, drainage and utility construction, trail development, and landscaping. The county will not issue decisions on such right of way permits until after the city’s final plat approval process is complete. Contact: Michael Olmstead, Permits Supervisor at 612-596-0336 or michael.olmstead@hennepin.us Hennepin County Transportation Project Delivery Public Works Facility, 1600 Prairie Drive, Medina, MN 55340 612-596-0300 | hennepin.us More Information: Please contact Jason Gottfried: 612-596-0394, jason.gottfried@hennepin.us for any further discussion of these items. Sincerely, Carla Stueve, PE County Highway Engineer He nn e pin Cou n ty P ro perty Ma p Da te : 10 /22/2 021 Comm en ts: 1 inc h = 4 00 fee t PAR CEL ID: 32 118 21140 00 3 OWN ER N AME: G olde n Valle y I nvesto rs Llc PAR CEL AD DRESS: 6 300 O lso n Memo ria l H wy, G old en Valle y MN 5 54 27 PAR CEL AR EA: 28 .03 ac r es , 1,2 21,0 33 sq ft A-T-B: To rr ens SAL E PR ICE: $34 ,2 81 ,8 24 SAL E D ATA: 0 3/20 04 SAL E C OD E: Exclu de d Fro m Ra tio Stud ies ASSESSED 20 20 , PAYABLE 202 1 PROPERT Y TYPE: C omme rcial-Pr efer re d H OM ESTEAD : N on -H ome stea d M AR KET VAL UE: $13 ,500 ,0 00 TAX TO TAL: $4 78,27 1.96 ASSESSED 20 21 , PAYABLE 202 2 PRO PER TY TYPE: C omm erc ial HO MESTEAD: No n-h ome ste ad MARKET VALU E: $1 3,50 0,00 0 This data (i) is fur nish ed 'A S IS' wit h no represent at ion as t o com ple ten ess or acc urac y ; (ii) is furnis hed w it h n o war rant y of an y k ind; an d (ii i) is not sui tab le for lega l, engi neering or surv ey ing purposes . Hen nepin County s hall not be l iable fo r a ny damage, in jury or los s re sul ting f rom this dat a. COP YRIG HT © H EN N EPIN COU N TY 20 2 1 1418920181818181817171881717161614141418181818181818920NO PARKINGNO PARKINGNO PARKING NO PARKINGNO PARKINGNO PARKINGNO PARKINGNO PARKINGNO PARKINGNO PARKINGN78°44' 0 5 " W 329.98 35 FT PARKING ANDBUILDING SETBACK10 FT PARKING SETBACK20 FT BUILDING SETBACK10 FT PARKING SETBACK20 FT BUILDING SETBACK35 FT PARKING AND BUILDING SETBACK10 FT PARKING SETBACK20 FT BUILDING SETBACKPROPOSEDBUILDING 1182,000 SFFFE: 889.00DOUGLAS DRIVEPROPOSEDBUILDING 2 217,000 SFFFE: 892.16COUNTRY CLUB DRIV E DOUGLAS DRIVEGOLDEN VALLEY GOLFRIGHT OF WAYCHICAGO NORTHWESTERN RAILROADRIGHT OF WAY20 FTTRANSMISSION LINE EASEMENT50 FT WIDE STREET ANDHIGHWAY EASEMENT14 FT WIDE TRAILEASEMENT35 FT PARKING ANDBUILDING SETBACKN0°24'11"E271.00'ADAADA ADA ADA ADAADA ADAADA ADA ADA ADA ADA ADAADAADAADA ADAADA ADAADAADAADASEE SHEET C304 -ADA ENLARGEMENT 1SEE SHEET C304 -ADA ENLARGEMENT 2SEE SHEET C304 -ADA ENLARGEMENT 4SEE SHEET C304 -ADA ENLARGEMENT 3PROPOSED LOT LINEN89°35'49"W 880.29'PROPOSED CURB AND GUTTERPROPERTY LINEPROPOSED FENCESETBACK LINERETAINING WALLPROPOSED STANDARD DUTY ASPHALTPROPOSED CONCRETE PAVEMENTPROPOSED STORMWATER MANAGEMENT AREAPROPOSED CONCRETE SIDEWALKLEGENDPROPOSED HEAVY DUTY ASPHALTPROJECT NUMBERDRAWN BYCHECKED BYORIGINAL ISSUE:REVISIONS:NOT FORCONSTRUCTION160576021ER/ANDDGOLDEN VALLEYBUSINESS CENTERGOLDEN VALLEYBUSINESS CENTERGOLDEN VALLEY, MNNo.DescriptionDate2021 KIMLEY-HORN AND ASSOCIATES, INC. 767 EUSTIS STREET, SUITE 100, ST. PAUL, MN 55114 PHONE: 651-645-4197 WWW.KIMLEY-HORN.COM © This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.\\twcfp01\MW_TWC\TWC_LDEV\United_Properties\GOLDEN VALLEY INDUSTRIAL\3 Design\CAD\PlanSheets\C3-SITE PLAN.dwg September 23, 2021 - 8:27pm SITE PLAN NOTES1.ALL WORK AND MATERIALS SHALL COMPLY WITH ALL CITY/COUNTY REGULATIONSAND CODES AND O.S.H.A. STANDARDS.2.CONTRACTOR SHALL REFER TO THE ARCHITECTURAL PLANS FOR EXACTLOCATIONS AND DIMENSIONS OF VESTIBULES, SLOPE PAVING, SIDEWALKS, EXITPORCHES, TRUCK DOCKS, PRECISE BUILDING DIMENSIONS AND EXACT BUILDINGUTILITY ENTRANCE LOCATIONS.3.ALL INNER CURBED RADII ARE TO BE <3'> AND OUTER CURBED RADII ARE TO BE<10'> UNLESS OTHERWISE NOTED. STRIPED RADII ARE TO BE 5'.4.ALL DIMENSIONS AND RADII ARE TO THE FACE OF CURB UNLESS OTHERWISENOTED.5.EXISTING STRUCTURES WITHIN CONSTRUCTION LIMITS ARE TO BE ABANDONED,REMOVED OR RELOCATED AS NECESSARY. ALL COST SHALL BE INCLUDED IN BASEBID.6.CONTRACTOR SHALL BE RESPONSIBLE FOR ALL RELOCATIONS, (UNLESSOTHERWISE NOTED ON PLANS) INCLUDING BUT NOT LIMITED TO, ALL UTILITIES,STORM DRAINAGE, SIGNS, TRAFFIC SIGNALS & POLES, ETC. AS REQUIRED. ALLWORK SHALL BE IN ACCORDANCE WITH GOVERNING AUTHORITIES REQUIREMENTSAND PROJECT SITE WORK SPECIFICATIONS AND SHALL BE APPROVED BY SUCH. ALLCOST SHALL BE INCLUDED IN BASE BID.7.SITE BOUNDARY, TOPOGRAPHY, UTILITY AND ROAD INFORMATION TAKEN FROM ASURVEY BY EGAN, FIELD & NOWAK, INC, DATED 08/18/2021.KIMLEY-HORN ASSUMES NO LIABILITY FOR ANY ERRORS, INACCURACIES, OROMISSIONS CONTAINED THEREIN.8.TOTAL LAND AREA IS <30.7> ACRES WITHOUT R.O.W. PURPOSES 28.03 ACRES.9.PYLON / MONUMENT SIGNS SHALL BE CONSTRUCTED BY OTHERS. SIGNS ARESHOWN FOR GRAPHICAL & INFORMATIONAL PURPOSES ONLY. CONTRACTOR TOVERIFY SIZE, LOCATION AND ANY REQUIRED PERMITS NECESSARY FOR THECONSTRUCTION OF THE PYLON / MONUMENT SIGN.10.CONTRACTOR SHALL REFERENCE ARCH / MEP PLANS FOR SITE LIGHTING ANDELECTRICAL PLAN.11.NO PROPOSED LANDSCAPING SUCH AS TREES OR SHRUBS, ABOVE ANDUNDERGROUND STRUCTURES, OR OTHER OBSTRUCTIONS SHALL BE LOCATEDWITHIN EXISTING OR PROPOSED UTILITY EASEMENTS AND RIGHTS OF WAY UNLESSSPECIFICALLY NOTED ON PLANS OTHERWISE.12.REFERENCE ARCHITECTURAL PLANS FOR DUMPSTER ENCLOSURE DETAILS.13.REFER TO FINAL PLAT OR ALTA SURVEY FOR EXACT LOT AND PROPERTYBOUNDARY DIMENSIONS.14.ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT.15.ALL DIMENSIONS ARE ROUNDED TO THE NEAREST TENTH FOOT.16.ALL PARKING STALLS TO BE <9'> IN WIDTH AND <18.5'> IN LENGTH UNLESSOTHERWISE INDICATED.17.THERE ARE <0.97> ACRES OF WETLAND IMPACTS.18.FOR OFFSITE IMPROVEMENTS, SEE THE <OFFSITE PLANS> IMPROVEMENTS PLANS.NORTH SEE SHEETC301SEE SHEETC302PROPERTY SUMMARYGOLDEN VALLEY BUSINESS CENTERTOTAL PROPERTY AREA1,337,188 SF (30.70 AC)RIGHT OF WAY DEDICATION116,260 SF (2.67 AC)NET PROPERTY AREA1,220,928 SF (28.03 AC)PROPOSED IMPERVIOUS AREA959,817 SF (22.03 AC)PROPOSED PERVIOUS AREA245,889 SF (5.64 AC)TOTAL DISTURBED AREA1,205,706 SF (27.7 AC)ZONING SUMMARYEXISTING ZONINGOFFICEPROPOSED ZONINGLIGHT INDUSTRIALPARKING SETBACKSSIDE/REAR = 10' ROAD = 35'BUILDING SETBACKSFRONT = 35' SIDE = 20'REAR = 20'C301 OVERALL SITEPLANKEYNOTE LEGENDCONCRETE SIDEWALK6" CONCRETE FILLED PIPE BOLLARDMATCH EXISTING EDGE OF PAVEMENT/ CURB & GUTTERACCESSIBLE CURB RAMPACCESSIBLE PARKING SIGNACCESSIBLE PARKINGAREA STRIPED WITH 4" SYSL @ 45° 2' O.C.STANDARD DUTY ASPHALT PAVEMENTLANDSCAPE AREA - SEE LANDSCAPE PLANSHEAVY DUTY ASPHALT PAVEMENTHEAVY DUTY CONCRETE PAVEMENTB612 CURB & GUTTER (TYP.)TRANSITION CURBFLAT CURBCOMMERCIAL DRIVEWAY APRONCONCRETE RETAINING WALL- 12" WIDECONCRETE V-GUTTER- 24" WIDEABCDEFGHIJKLMNOPQ 14171714141418181818181818920NO PARKINGNO PARKINGNO PARKINGNO PARKINGNO PARKING10 FT PARKING SETBACK20 FT BUILDING SETBACKIIIIJJJKCCIIIIIIIIIIIIIAAEEFAAIIAIR5.0'R5.0'R15.0'R15.0'50.0'59.0'42.5' 10.0' 700.0' 10.0' 61.0'61.0'12.0'260.0'60.0'60.0'20.0'40.0'20.0'145.1'24.0'24.0' 20.0'654.0'20.0'HHHH9.0'24.0' 24.0'R15.7531.5'120.0'KI24.0'31.5'20.0'654.0'20.0'31.5'24.0'R15.0'43.0'126.0'9.0'126.0'162.0'9.0'162.0'34.0'162.0'9.0'162.0' 24.0' 29.0'40.0'R5.0'R3.0'PROPOSEDBUILDING 1182,000 SFFFE: 889.00DOUGLAS DRIVEGOLDEN VALLEY GOLFRIGHT OF WAYCHICAGO NORTHWESTERN RAILROADRIGHT OF WAY DOUGLAS DRIVEGOLDEN VALLEY GOLFRIGHT OF WAYCHICAGO NORTHWESTERN RAILROADRIGHT OF WAYR39.0'AATYP.GFGF9.0'18.5'TYP.TYP.TYP.TYP.TYP.TYP.R15.0'ITYP.44.5'316.0'TYP.TYP.TYP.316.0'44.5'TYP.55.0'DDER5.0'R25.0'R25.0'R12.5'R5.0'R5.0'R25.0'R5.0'R25.0'R25.0'R5.0'R25.0'R5.0'R25.0'R5.0'R15.75R25.0'R12.5'R15.75R15.7543.0'N0°24'11"E271.00'R5.0'R15.0'TYP.R3.0'R3.0'R3.0'R3.0'R5.0'R5.0'R5.0'R3.0'R3.0'R3.0'R15.0'R5.0'R5.0'TYP.TYP.TYP.TYP.R5.0'TYP.R5.0'TYP.R3.0'R3.0'R3.0'R3.0'48.33'40.0'40.0'104.6'PQPQ16.6'96.8'181.3'TYP.25.0'29.5'PROPOSED R.O.W.PROPOSED R.O.W.PROPOSED R.O.W.GFDDGFGFFEEEEN89°35'49"W 880.29'R15.0'PROPOSED CURB AND GUTTERPROPERTY LINEPROPOSED FENCESETBACK LINERETAINING WALLPROPOSED STANDARD DUTY ASPHALTPROPOSED CONCRETE PAVEMENTPROPOSED STORMWATER MANAGEMENT AREAPROPOSED CONCRETE SIDEWALKLEGENDPROPOSED HEAVY DUTY ASPHALTPROJECT NUMBERDRAWN BYCHECKED BYORIGINAL ISSUE:REVISIONS:NOT FORCONSTRUCTION160576021ER/ANDDGOLDEN VALLEYBUSINESS CENTERGOLDEN VALLEYBUSINESS CENTERGOLDEN VALLEY, MNNo.DescriptionDate2021 KIMLEY-HORN AND ASSOCIATES, INC. 767 EUSTIS STREET, SUITE 100, ST. PAUL, MN 55114 PHONE: 651-645-4197 WWW.KIMLEY-HORN.COM This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.\\twcfp01\MW_TWC\TWC_LDEV\United_Properties\GOLDEN VALLEY INDUSTRIAL\3 Design\CAD\PlanSheets\C3-SITE PLAN.dwg September 23, 2021 - 8:27pm SITE PLAN NOTES1.ALL WORK AND MATERIALS SHALL COMPLY WITH ALL CITY/COUNTY REGULATIONSAND CODES AND O.S.H.A. STANDARDS.2.CONTRACTOR SHALL REFER TO THE ARCHITECTURAL PLANS FOR EXACTLOCATIONS AND DIMENSIONS OF VESTIBULES, SLOPE PAVING, SIDEWALKS, EXITPORCHES, TRUCK DOCKS, PRECISE BUILDING DIMENSIONS AND EXACT BUILDINGUTILITY ENTRANCE LOCATIONS.3.ALL INNER CURBED RADII ARE TO BE <3'> AND OUTER CURBED RADII ARE TO BE<10'> UNLESS OTHERWISE NOTED. STRIPED RADII ARE TO BE 5'.4.ALL DIMENSIONS AND RADII ARE TO THE FACE OF CURB UNLESS OTHERWISENOTED.5.EXISTING STRUCTURES WITHIN CONSTRUCTION LIMITS ARE TO BE ABANDONED,REMOVED OR RELOCATED AS NECESSARY. ALL COST SHALL BE INCLUDED IN BASEBID.6.CONTRACTOR SHALL BE RESPONSIBLE FOR ALL RELOCATIONS, (UNLESSOTHERWISE NOTED ON PLANS) INCLUDING BUT NOT LIMITED TO, ALL UTILITIES,STORM DRAINAGE, SIGNS, TRAFFIC SIGNALS & POLES, ETC. AS REQUIRED. ALLWORK SHALL BE IN ACCORDANCE WITH GOVERNING AUTHORITIES REQUIREMENTSAND PROJECT SITE WORK SPECIFICATIONS AND SHALL BE APPROVED BY SUCH. ALLCOST SHALL BE INCLUDED IN BASE BID.7.SITE BOUNDARY, TOPOGRAPHY, UTILITY AND ROAD INFORMATION TAKEN FROM ASURVEY BY EGAN, FIELD & NOWAK, INC, DATED 08/18/2021.KIMLEY-HORN ASSUMES NO LIABILITY FOR ANY ERRORS, INACCURACIES, OROMISSIONS CONTAINED THEREIN.8.TOTAL LAND AREA IS <30.7> ACRES WITHOUT R.O.W. PURPOSES 28.03 ACRES.9.PYLON / MONUMENT SIGNS SHALL BE CONSTRUCTED BY OTHERS. SIGNS ARESHOWN FOR GRAPHICAL & INFORMATIONAL PURPOSES ONLY. CONTRACTOR TOVERIFY SIZE, LOCATION AND ANY REQUIRED PERMITS NECESSARY FOR THECONSTRUCTION OF THE PYLON / MONUMENT SIGN.10.CONTRACTOR SHALL REFERENCE ARCH / MEP PLANS FOR SITE LIGHTING ANDELECTRICAL PLAN.11.NO PROPOSED LANDSCAPING SUCH AS TREES OR SHRUBS, ABOVE ANDUNDERGROUND STRUCTURES, OR OTHER OBSTRUCTIONS SHALL BE LOCATEDWITHIN EXISTING OR PROPOSED UTILITY EASEMENTS AND RIGHTS OF WAY UNLESSSPECIFICALLY NOTED ON PLANS OTHERWISE.12.REFERENCE ARCHITECTURAL PLANS FOR DUMPSTER ENCLOSURE DETAILS.13.REFER TO FINAL PLAT OR ALTA SURVEY FOR EXACT LOT AND PROPERTYBOUNDARY DIMENSIONS.14.ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT.15.ALL DIMENSIONS ARE ROUNDED TO THE NEAREST TENTH FOOT.16.ALL PARKING STALLS TO BE <9'> IN WIDTH AND <18.5'> IN LENGTH UNLESSOTHERWISE INDICATED.17.THERE ARE <0.97> ACRES OF WETLAND IMPACTS.18.FOR OFFSITE IMPROVEMENTS, SEE THE <OFFSITE PLANS> IMPROVEMENTS PLANS.NORTH BUILDING DATA SUMMARYAREASPROPOSED PROPERTY1,220,928 SF (28.03 AC)BUILDING AREA182,000 SF (14% OF TOTALPROPERTY AREA)PARKINGREQUIRED PARKING: OFFICE(20%) WAREHOUSE (80%)146 SPACES @ 1250 36,400 SF49 SPACES @ 13000 145,600 SFTOTAL= 195 SPACESPROPOSED PARKING211 SPACES @1.31 RATIOADA STALLS REQ'D / PROVIDED7 STALLS / 7 STALLSPROPERTY SUMMARYGOLDEN VALLEY BUSINESS CENTERTOTAL PROPERTY AREA1,337,188 SF (30.70 AC)RIGHT OF WAY DEDICATION116,260 SF (2.67 AC)NET PROPERTY AREA1,220,928 SF (28.03 AC)PROPOSED IMPERVIOUS AREA959,817 SF (22.03 AC)PROPOSED PERVIOUS AREA245,889 SF (5.64 AC)TOTAL DISTURBED AREA1,205,706 SF (27.7 AC)ZONING SUMMARYEXISTING ZONINGOFFICEPROPOSED ZONINGLIGHT INDUSTRIALPARKING SETBACKSSIDE/REAR = 10'ROAD = 35'BUILDING SETBACKSFRONT = 35'SIDE = 20'REAR = 20'C302 SITE PLANKEYNOTE LEGENDCONCRETE SIDEWALK6" CONCRETE FILLED PIPE BOLLARDMATCH EXISTING EDGE OF PAVEMENT/ CURB & GUTTERACCESSIBLE CURB RAMPACCESSIBLE PARKING SIGNACCESSIBLE PARKINGAREA STRIPED WITH 4" SYSL @ 45° 2' O.C.STANDARD DUTY ASPHALT PAVEMENTLANDSCAPE AREA - SEE LANDSCAPE PLANSHEAVY DUTY ASPHALT PAVEMENTHEAVY DUTY CONCRETE PAVEMENTB612 CURB & GUTTER (TYP.)TRANSITION CURBFLAT CURBCOMMERCIAL DRIVEWAY APRONCONCRETE RETAINING WALL- 12" WIDECONCRETE V-GUTTER- 24" WIDEABCDEFGHIJKLMNOPQ 189201818181818171718817171616NO PARKINGNO PARKINGNO PARKING NO PARKINGNO PARKINGN78°44' 0 5 " W 329.98I IJJIII40.0'20.0'120.0'60.0'310.0'12.0'61.0'KHIIEEAAAAAAI50.0'35.0'5.0' 0.5' 61.0' 10.0'700.0'10.0' 61.0' 24.0'31.5'20.0'654.0'20.0'31.5'24.0'R15.0'R3.0'R15.0'GFDGFGFFDIIIIIII43.0'HHHHHILHILHILCCCCCCIIO30.0'CC162.0' 9.0' 162.0'34.0'162.0' 9.0' 162.0'153.0'9.0'144.0'29.0'40.0'COUNTRY CLUB DRIV E DOUGLAS DRIVEPROPOSEDBUILDING 2 217,000 SFFFE: 892.16COUNTRY CLUB DRIV E DOUGLAS DRIVETYP.R15.0'TYP.FFGFGII18.5'9.0'IR49.0'TYP.TYP.TYP.TYP.TYP.44.5'316.0'316.0'44.5'55.0'18.5'TYP.18.5'9.0' TYP. 18.5'9.0'TYP.TYP.DDEEEEER25.0'R25.0'R12.5'R25.0'R25.0'R25.0'R5.0'R25.0'R5.0'R25.0'R25.0'R12.5'R15.75R15.7543.0'48.33'R5.0'R5.0'R5.0'R5.0'R25.0'R49.0'TYP.R3.0'R3.0'R3.0'R3.0'R5.0'R5.0'R5.0'R5.0'R3.0'R3.0'R3.0'R3.0'R5.0'R5.0'R25.0'R5.0'TYP.R5.0'TYP.TYP.TYP.TYP.TYP.102.3'35.0'24.0'QPQPQP69.3'16.7'251.0'20.0' 291.1'35.0'25.0'29.5'PROPOSED R.O.W.PROPOSED R.O.W.N89°35'49"W880.29'PROJECT NUMBERDRAWN BYCHECKED BYORIGINAL ISSUE:REVISIONS:NOT FORCONSTRUCTION160576021ER/ANDDGOLDEN VALLEYBUSINESS CENTERGOLDEN VALLEYBUSINESS CENTERGOLDEN VALLEY, MNNo.DescriptionDate2021 KIMLEY-HORN AND ASSOCIATES, INC. 767 EUSTIS STREET, SUITE 100, ST. PAUL, MN 55114 PHONE: 651-645-4197 WWW.KIMLEY-HORN.COM This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.\\twcfp01\MW_TWC\TWC_LDEV\United_Properties\GOLDEN VALLEY INDUSTRIAL\3 Design\CAD\PlanSheets\C3-SITE PLAN.dwg September 23, 2021 - 8:27pm BUILDING DATA SUMMARYAREASPROPOSED PROPERTY1,220,928 SF (28.03 AC)BUILDING AREA217,000 SF (17% OF TOTALPROPERTY AREA)PARKINGREQUIRED PARKING: OFFICE(20%) WAREHOUSE (80%)174 SPACES @ 1250 36,400 SF58 SPACES @ 13000 173,600 SFTOTAL= 232 SPACESPROPOSED PARKING263 SPACES @ 1.21 RATIOADA STALLS REQ'D / PROVIDED7 STALLS / 7 STALLSPROPOSED CURB AND GUTTERPROPERTY LINEPROPOSED FENCESETBACK LINERETAINING WALLPROPOSED STANDARD DUTY ASPHALTPROPOSED CONCRETE PAVEMENTPROPOSED STORMWATER MANAGEMENT AREAPROPOSED CONCRETE SIDEWALKLEGENDPROPOSED HEAVY DUTY ASPHALTKEYNOTE LEGENDCONCRETE SIDEWALK6" CONCRETE FILLED PIPE BOLLARDMATCH EXISTING EDGE OF PAVEMENT/ CURB & GUTTERACCESSIBLE CURB RAMPACCESSIBLE PARKING SIGNACCESSIBLE PARKINGAREA STRIPED WITH 4" SYSL @ 45° 2' O.C.STANDARD DUTY ASPHALT PAVEMENTLANDSCAPE AREA - SEE LANDSCAPE PLANSHEAVY DUTY ASPHALT PAVEMENTHEAVY DUTY CONCRETE PAVEMENTB612 CURB & GUTTER (TYP.)TRANSITION CURBFLAT CURBCOMMERCIAL DRIVEWAY APRONCONCRETE RETAINING WALL- 12" WIDECONCRETE V-GUTTER- 24" WIDEABCDEFGHIJKLMNOPQSITE PLAN NOTES1.ALL WORK AND MATERIALS SHALL COMPLY WITH ALL CITY/COUNTY REGULATIONSAND CODES AND O.S.H.A. STANDARDS.2.CONTRACTOR SHALL REFER TO THE ARCHITECTURAL PLANS FOR EXACTLOCATIONS AND DIMENSIONS OF VESTIBULES, SLOPE PAVING, SIDEWALKS, EXITPORCHES, TRUCK DOCKS, PRECISE BUILDING DIMENSIONS AND EXACT BUILDINGUTILITY ENTRANCE LOCATIONS.3.ALL INNER CURBED RADII ARE TO BE <3'> AND OUTER CURBED RADII ARE TO BE<10'> UNLESS OTHERWISE NOTED. STRIPED RADII ARE TO BE 5'.4.ALL DIMENSIONS AND RADII ARE TO THE FACE OF CURB UNLESS OTHERWISENOTED.5.EXISTING STRUCTURES WITHIN CONSTRUCTION LIMITS ARE TO BE ABANDONED,REMOVED OR RELOCATED AS NECESSARY. ALL COST SHALL BE INCLUDED IN BASEBID.6.CONTRACTOR SHALL BE RESPONSIBLE FOR ALL RELOCATIONS, (UNLESSOTHERWISE NOTED ON PLANS) INCLUDING BUT NOT LIMITED TO, ALL UTILITIES,STORM DRAINAGE, SIGNS, TRAFFIC SIGNALS & POLES, ETC. AS REQUIRED. ALLWORK SHALL BE IN ACCORDANCE WITH GOVERNING AUTHORITIES REQUIREMENTSAND PROJECT SITE WORK SPECIFICATIONS AND SHALL BE APPROVED BY SUCH. ALLCOST SHALL BE INCLUDED IN BASE BID.7.SITE BOUNDARY, TOPOGRAPHY, UTILITY AND ROAD INFORMATION TAKEN FROM ASURVEY BY EGAN, FIELD & NOWAK, INC, DATED 08/18/2021.KIMLEY-HORN ASSUMES NO LIABILITY FOR ANY ERRORS, INACCURACIES, OROMISSIONS CONTAINED THEREIN.8.TOTAL LAND AREA IS <30.7> ACRES WITHOUT R.O.W. PURPOSES 28.03 ACRES.9.PYLON / MONUMENT SIGNS SHALL BE CONSTRUCTED BY OTHERS. SIGNS ARESHOWN FOR GRAPHICAL & INFORMATIONAL PURPOSES ONLY. CONTRACTOR TOVERIFY SIZE, LOCATION AND ANY REQUIRED PERMITS NECESSARY FOR THECONSTRUCTION OF THE PYLON / MONUMENT SIGN.10.CONTRACTOR SHALL REFERENCE ARCH / MEP PLANS FOR SITE LIGHTING ANDELECTRICAL PLAN.11.NO PROPOSED LANDSCAPING SUCH AS TREES OR SHRUBS, ABOVE ANDUNDERGROUND STRUCTURES, OR OTHER OBSTRUCTIONS SHALL BE LOCATEDWITHIN EXISTING OR PROPOSED UTILITY EASEMENTS AND RIGHTS OF WAY UNLESSSPECIFICALLY NOTED ON PLANS OTHERWISE.12.REFERENCE ARCHITECTURAL PLANS FOR DUMPSTER ENCLOSURE DETAILS.13.REFER TO FINAL PLAT OR ALTA SURVEY FOR EXACT LOT AND PROPERTYBOUNDARY DIMENSIONS.14.ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT.15.ALL DIMENSIONS ARE ROUNDED TO THE NEAREST TENTH FOOT.16.ALL PARKING STALLS TO BE <9'> IN WIDTH AND <18.5'> IN LENGTH UNLESSOTHERWISE INDICATED.17.THERE ARE <0.97> ACRES OF WETLAND IMPACTS.18.FOR OFFSITE IMPROVEMENTS, SEE THE <OFFSITE PLANS> IMPROVEMENTS PLANS.NORTH PROPERTY SUMMARYGOLDEN VALLEY BUSINESS CENTERTOTAL PROPERTY AREA1,337,188 SF (30.70 AC)RIGHT OF WAY DEDICATION116,260 SF (2.67 AC)NET PROPERTY AREA1,220,928 SF (28.03 AC)PROPOSED IMPERVIOUS AREA959,817 SF (22.03 AC)PROPOSED PERVIOUS AREA245,889 SF (5.64 AC)TOTAL DISTURBED AREA1,205,706 SF (27.7 AC)ZONING SUMMARYEXISTING ZONINGOFFICEPROPOSED ZONINGLIGHT INDUSTRIALPARKING SETBACKSSIDE/REAR = 10'ROAD = 35'BUILDING SETBACKSFRONT = 35'SIDE = 20'REAR = 20'C303 SITE PLAN Review of Council Calendar Event Event Time Location JANUARY Tuesday, January 25 Annual City Council Goal Setting Session 6:30 PM Hybrid - Council Chambers Thursday, January 27 Municipal Legislative Commission (MLC) Legislative Breakfast Meeting 7:30 AM - 9:30 AM Braemar Golf Course 6364 John Harris Dr, Edina Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Virtual Meeting Saturday, January 29 WinterFest 12:00 PM - 2:00 PM North Wesley Park 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 Friday, February 4 2022 League of MN Cities Elected Leaders Institute 10:30 AM - 7:00 PM Crowne Plaza Minneapolis West Plymouth, MN Saturday, February 5 2022 League of MN Cities Elected Leaders Institute 7:30 AM - 12:00 PM Crowne Plaza Minneapolis West Plymouth, MN Seven Dreams Education Foundation “Bird Bash”5:00 PM Marriott Northwest 7025 Northland Drive N, Brooklyn Park Tuesday, February 8 HRA Work Session 6:30 PM Hybrid - Council Chambers Council Work Session 6:30 PM Hybrid - Council Chambers Saturday, February 12 Crystal Legislative Breakfast 9:30 AM – 11:00 AM Crystal Community Center 4800 Douglas Dr N 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 Thursday, February 17 Building An Equitable Golden Valley Quarterly Conversation 6:00 PM - 7:15 PM Virtual Event Monday, February 21 City Offices Closed for Observance of Presidents' Day Tuesday, February 22 City Council Annual Joint Meeting with Boards/Commissions 6:30 PM Hybrid Brookview - Valley View Room Thursday, February 24 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid Brookview - Valley View Room Saturday, February 26 Hopkins Education Foundation's Royal Bash 6:00 PM Hybrid Event Marriott Minnetonka Southwest 5801 Opus Pkwy, Minnetonka Sunday, February 27 West Metro Home Remodeling Fair 9:30 AM – 2:00 PM Eisenhower Community Center 1001 MN-7, Hopkins, MN MARCH Tuesday, March 1 City Council Meeting 6:30 PM Hybrid - Council Chambers Friday, March 4 State of the City 3:00 PM Under Pressure Brewing 8806 7th Ave N