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05-17-22 City Council Agenda 7800 Golden Valley Road I Golden Valley,MN 55427 CltJ oJ 763-593-8012 1 TTY 763-593-3968 1 763-593-8109(fax)I www.goldenvalleymn.gov olden Valldnl T City Council May 17, 2022—6:30 pm Council Conference Room Hybrid Meeting 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 or by calling 1- 415-655-0001 and entering access code 2465 806 8515. Members of the public wishing to address the Council remotely have two options: • Via web stream - Stream via and use the 'raise hand' feature during public comment sections. • Via phone - Call 1-415-655-0001 and enter meeting code 2465 806 8515. Press *3 to raise your hand during public comment sections. 1. Call to Order A. Pledge of Allegiance Pages B. Roll Call C. Proclamation Recognizing the 50t" Anniversary of LOGIS 3-4 D. Proclamation Recognizing National Public Works Week 5-6 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 Meeting Minutes of April 19, 2022 7-12 B. Approval of Check Register 13 C. Licenses: 1. Grant Local Approval for a Gambling Premises Permit for St. Maron Church at 14-15 Schuller's Tavern, Resolution No. 22-049 D. Boards, Commissions and Task Forces: 1. Receive and File Diversity, Equity, and Inclusion Commission Annual Report and 16-24 Work Plan This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968)to make a request. Examples of alternate formats may include large print, electronic, Braille,audiocassette, etc. City of Golden Valley City Council Regular Meeting May 17, 2022—6:30 pm E. Bids, Quotes, and Contracts: 1. Approve Purchase of a Public Safety Generator from Advanced Power Services, Inc. 25-34 2. Approve Contract for the Joint Water Commission 24-Inch Gate Valve Project with 35-52 Valley Rich Co., Inc. 3. Approve Greenway Villas Public Improvement Project 53-72 A. Award Construction Contract with Schneider Excavating and Grading B. Approve Professional Services Agreement for Construction Services with Short Elliot Hendrickson, Inc. (SEH) 4. Award Glenwood Avenue Watermain Rehabilitation Project#21-06 to Fer-Pal 73-78 Construction 5. Authorize Bassett Creek Watershed Management Commission Intern Agreement 79-84 6. Approve Contract with Lexipol, LLC for Law Enforcement Policy Manual Subscription 85-96 and Implementation F. Grants and Donations: 1. Adopt Resolution No. 22-050 Accepting Donation for Medley Park Community 97-98 Garden 2. Adopt Resolution No. 22-051 Accepting Tree Donation for Brookview Park 99-100 3. Adopt Resolution No. 22-052 Accepting the Reducing Harm through Collaborative 101-116 Solutions Grant from the Pohlad Family Foundation and Approve the Pohlad Family Foundation Grant Agreement G. Approve Resolution No. 22-053 Adopting an Official City of Golden Valley Land 117-124 Acknowledgement Policy, Statement, and Action Plan. 4. Public Hearing 5. Old Business A. Meadowbrook School P.U.D. No. 90, Amendment#5, 5300/5430 Glenwood Avenue South 1. Approve Ordinance Zoning Map Amendment, Ordinance No. 736 125-127 2. Approve Major P.U.D. Amendment, Ordinance No. 737 128-133 6. New Business All Ordinances listed under this heading are eligible for public input. A. Appeal of Board of Zoning Appeals Decision —2234 Lee Avenue North 134-169 B. Review of Council Calendar 170 C. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment EXECUTIVE SUMMARY City Administration 763-593-8006 / 763-593-8109 (fax) Golden Valley City Council Meeting May 17, 2022 Agenda Item 1. C. Proclamation Recognizing the 50th Anniversary of LOGIS Prepared By Tim Cruikshank, City Manager Summary Local Government Information Systems (LOGIS) is celebrating its fiftieth anniversary in 2022. LOGIS is a Joint Powers, intergovernmental consortium of Minnesota local government units that is headquartered in Golden Valley. LOGIS currently has 52 IT member organizations and serves more than 2.3 million residents throughout Minnesota. The City of Golden Valley is proud to recognize the efforts of such an important organizational partner and their contributions over the past fifty years. Chris Miller, Executive Director of LOGIS, will be in attendance. Supporting Documents • Proclamation in Recognition of the 50th Anniversary of LOGIS (1 page) CITY OF GOLDEN VALLEY PROCLAMATION IN RECOGNITION OF THE 50TH ANNIVERSARY OF LOCAL GOVERNMENT INFORMATION SYSTEMS (LOGIS) WHEREAS, Local Government Information Systems (LOGIS) was founded in 1972 by seven cities — Golden Valley, Crystal, Eden Prairie, Edina, St. Louis Park, Coon Rapids and Brooklyn Center—that were looking to pool resources and save taxpayer dollars; and WHEREAS, LOGIS is a Joint Powers, intergovernmental consortium of Minnesota local government units whose mission is to "Facilitate leading-edge, effective and adaptable public sector technology solutions through the sharing of ideas, risks and resources in a member- driven consortium"; and WHEREAS, LOGIS is headquartered in Golden Valley and currently has 52 IT member organizations and serves more than 2.3 million residents throughout Minnesota; and WHEREAS, LOGIS is a great partner to its member cities by investing in top tier application software, providing cost-saving access to technology solutions, delivering quality local support and service, and facilitating working groups which allow input for improving each technology product in the future. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Golden Valley does hereby recognize the fiftieth anniversary of Local Government Information Systems in 2022, proclaim our appreciation for its commitment, partnership, and leadership to all member cities through the years, and recognize LOGIS for its important contributions to the City of Golden Valley and its taxpayers. IN WITNESS WHEREOF, that I, Shepard M. Harris, Mayor of the City of Golden Valley have hereunto set my hand and caused the seal of the City to be affixed this 17th day of May, 2022. F GOL.04 • toRPo�- E•\��'.c % SM ' Shepard M. Harris, Mayor M�NNES01 ;: YF: CUTIVE c4UMMARY Public Works 763-593-8030 / 763-593-3988 (fax) Golden Valley City Council Meeting May 17, 2022 Agenda Item 1. D. Proclamation Recognizing National Public Works Week Prepared By Tim Kieffer, Public Works Director Summary National Public Works Week is May 15 through May 21, 2022. Public Works Week recognizes public works professionals that focus on infrastructure, facilities, emergency management, and services that are vitally import to sustainable and resilient communities and the public health, high quality of life and well-being of people. These infrastructures, facilities, and services could not be provided without the dedicated efforts of public works professionals, who are federally mandated first responders, and the engineers, managers, and employees at all levels of government who are responsible for rebuilding, improving, and protecting our nation's transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens. Additionally, it is to attract attention to the ongoing needs and efforts of infrastructure maintenance and renewal and the importance of public interest and support for public works first responders and public works programs. Financial Or Budget Considerations None Recommended Action Motion to adopt Proclamation for National Public Works Week. Supporting Documents • Proclamation for Recognizing National Public Works Week (1 page) CITY OF GOLDEN VALLEY PROCLAMATION RECOGNIZING PUBLIC WORKS WEEK MAY 15 - 21, 2022 WHEREAS, public works professionals focus on infrastructure, facilities, emergency management, and services that are of vitally important to sustainable and resilient communities and the public health, high quality of life, and well-being of the people of Golden Valley; and WHEREAS,these infrastructures,facilities, and services could not be provided without the dedicated efforts of public works professionals,who are federally mandated first responders, and the engineers, managers, and employees at all levels of government, who are responsible for rebuilding, improving, and protecting our nation's transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and WHEREAS, it is in the public interest for everyone, including children and young adults, in Golden Valley to gain knowledge and maintain ongoing interest and understanding of the importance of public works first responders and public works programs in their respective communities; and WHEREAS, the year 2022 marks the 62nd annual National Public Works Week sponsored by the American Public Works Association be it now. NOW, THEREFORE, BE IT RESOLVED, I, Shepard M. Harris, Mayor of the City of Golden Valley, have proclaimed the week of May 15 through May 21, 2022, as Public Works Week in the City of Golden Valley, and urge all citizens and civic organizations to pay tribute to our public works professionals, and to recognize the substantial contributions they make to protecting our health, safety, and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Golden Valley to be affixed on this 17th day of May 2022. F ,OLDEN .......... �~ •.*%% �oaPoswtt s<�.c ( SFM Shepard M. Harris, Mayor NNE5 7800 Golden Valley Road I Golden Valley,MN 55427 CltJ oJ 763-593-8012 1 TTY 763-593-3968 1 763-593-8109(fax)I www.goldenvalleymn.gov olden �r �. . llgal T City Council Va April 19, 2022—6:30 pm Council Conference Chambers REGULAR MEETING MINUTES Hybrid Meeting City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1. Call to Order Mayor Pro Tempore Harris called the meeting to order at 6:30 pm. A. Pledge of Allegiance B. Roll Call Present: Mayor Pro Tempore Maurice Harris, Council Members Denise La Mere- Anderson, Gillian Rosenquist, and Kimberly Sanberg Absent: Mayor Shep Harris Staff present: City Manager Cruikshank, Finance Director Virnig, Physical Development Director Nevinski, Acting Police Chief White, City Planner Campbell, Equity and Inclusion Manager Zackery, Community Connection and Outreach Specialist Williams, Accountant Moser, and City Clerk Schyma C. Proclamation Recognizing the 50th Anniversary of Down in the Valley Council Member Rosenquist presented the proclamation and discussed the importance of Down in the Valley to the community. Second generation owners Brandon Hyland and Taryn Hyland were joined by Manager Scott Ferrel to receive the proclamation and talk about the various events and celebrations that will be occurring in 2022. D. New Employee Introductions Finance Director Virnig introduced new accountant Analeigh Moser. The Council welcomed Ms. Moser to the Golden Valley team. 2. Additions and Corrections to Agenda Motion by Rosenquist, Second by Sanberg to approve the meeting agenda as submitted. Motion carried 4-0. City of Golden Valley City Council Regular Meeting April 19, 2022—6:30 pm 3. Consent Agenda Motion by Sanberg, Second by Rosenquist to approve the Consent Agenda as revised: removal of Item #3D1 - Board/Commission Appointments and Reappointments; #3D2 - Accept Resignations from the Police, Employment, Accountability, and Community Engagement Commission; #3F1 - Approve Resolution No. 22-038 Accepting a Donation for a Park Bench to be Located Overlooking Cortlawn Pond honoring Chris Wolters; #3F2 - Approve Resolution No. 22-039 Accepting a Donation for the Addition of a New Tee Box on Regulation Course Hole #2 at Brookview Golf Course from the Brookview Men's Golf Association; #3F3 - Approve Resolution No. 22-040 Accepting a Grant for a Physical Development Department Intern from the Minnesota Economic Development Foundation; and #3G - Approve Resolution No. 22-043 for Unassigned Fund Balance. Motion carried 4-0. A. Approval of Special City Council Meeting Minutes of April 12, 2022 B. Approval of Check Register C. Licenses: 1. Approve Gambling License Exemption and Waiver of Notice Requirement Mount Olivet Rolling Acres D. Boards, Commissions, and Task Forces: 2. Aeeept ResigRatiens 4em the Peliee, Empleyment, Engagement r 3. Receive and File Open Space Recreation Commission (OSRC) and Environmental Commission Joint Meeting Minutes—January 24, 2022 4. Receive and File Environment Commission Meeting Minutes —February 28, 2022 E. Bids, Quotes, and Contracts: 1. Award Contract for the 2022 Asphalt Microsurface Project No. 22-04 to Asphalt Surface Technologies Corporation (ASTECH Corp) 2. Approve MicroMobility License Agreement with Bird Rides, Inc. 3. Approve Deed Conveying Outlot 2, Murri-Mac Industrial Park Replat to the City of St. Louis Park F. Grants and Donations: 2. nV,V,reye R se-li Affie-, nle 22 999 n,.eeptfR a fl.,Ratielp felp the n J J + ,Y of a Wey, Tee QA.. AR Reg H 1 a t 0 9 R rA---PSe WA-.1e 42 @t RPAAL.,i„.., C9AIf CZ r,;„ fPA;:, thLQ- City of Golden Valley City Council Regular Meeting April 19, 2022—6:30 pm 4. Approve Resolution No. 22-041 Authorizing Submittal of Application and Execution Of Agreements on Behalf of United Properties for Minnesota Department of Employment and Economic Development (DEED) Contamination Cleanup Grant Program 5. Approve Resolution No. 22-042 Authorizing Submittal Application and Execution Of Agreements on Behalf of United Properties for Metropolitan Council Tax Base Revitalization Account (TBRA) Grant Funds for Contamination Cleanup G. nppFe., o .i„+; .r ni,. -2-2 n43 fR- P„rd- R-alapee H. Approve Resolution No. 22-044 Approving Final Plat for Sunnyridge Third Addition I. Approve Purchase Agreement for 7901 23rd Avenue North 3. Items Removed From the Consent Agenda: 3D1. Board/Commission Appointments and Reappointments Mayor Pro Tempore Harris stated the Council consensus was to make the following appointments and reappointments: BOARD OF ZONING APPEALS TERM DATE Nancy Nelson April 30, 2023 Richard Orenstein April 30, 2023 Chris Carlson April 30, 2023 Kade Arms-Regenold April 30, 2023 ENVIRONMENTAL COMMISSION TERM DATE Debra Yahle April 30, 2025 Tonia Galonska April 30, 2025 HUMAN SERVICES COMMISSION TERM DATE Aaron Black April 30, 2025 Esther Black (Youth) April 30, 2023 OPEN SPACE AND RECREATION COMMISSION TERM DATE Roger Bergman April 30, 2025 John Cornelius April 30, 2025 Matthew Sanders April 30, 2025 PLANNING COMMISSION TERM DATE Adam Brookins April 30, 2025 Ellen Brenna April 30, 2025 DIVERSITY, EQUITY, & INCLUSION TERM DATE COMMISSION Melissa Johnson April 30, 2023 Nyre Chester April 30, 2023 Lee Thoresen April 30, 2023 City of Golden Valley City Council Regular Meeting April 19, 2022—6:30 pm POLICE, EMPLOYMENT,ACCOUNTABILITY, &COMMUNITY TERM DATE ENGAGEMENT COMMISSION Loretta Arradondo April 30, 2024 Roslyn Harmon April 30, 2025 Motion by La Mere-Anderson, Second by Rosenquist to make the aforementioned appointments and reappointments. Motion carried 4-0. 3D2. Accept Resignations from the Police, Employment, Accountability, and Community Engagement Commission Council Member Rosenquist thanked the commissioners for their service to the community. Motion by Rosenquist, Second by Sanberg to accept the resignations of Sgt. Dan Wilcox, Acting Sgt. Jerad Zachman, Marshall Tanick and Chris Hartzler from the Police, Employment, Accountability, and Community Engagement Commission. Motion carried 4-0. 3F1. Approve Resolution No. 22-038 Accepting a Donation for a Park Bench to be Located Overlooking Cortlawn Pond honoring Chris Wolters Council Member Rosenquist expressed appreciation for the donation. Motion by Rosenquist, Second by Sanberg to adopt Resolution No. 22-038 accepting the donation from the Wolters Family for the addition of a park bench overlooking Cortlawn Pond honoring Chris Wolters. Motion carried 4-0. 3F2. Approve Resolution No. 22-039 Accepting a Donation for the Addition of a New Tee Box on Regulation Course Hole#2 at Brookview Golf Course from the Brookview Men's Golf Association Council Member Rosenquist thanked the Men's Golf Association for the donation. Motion by Rosenquist, Second by La Mere-Anderson to adopt Resolution No. 22-039 accepting the donation from the Brookview Men's Golf Association for the addition of a new tee box on Brookview regulation course hole #2. City of Golden Valley City Council Regular Meeting April 19, 2022—6:30 pm Motion carried 4-0. 3F3. Approve Resolution No. 22-040 Accepting a Grant for a Physical Development Department Intern from the Minnesota Economic Development Foundation Planner Myles Campbell discussed the report, grant, and intern position. Motion by M. Harris, Second by Sanberg to adopt Resolution 22-40 accepting a Community-based Intern Grant from the Minnesota Economic Development Foundation for $1,000. Motion carried 4-0. 3G. Approve Resolution No. 22-043 for Unassigned Fund Balance Finance Director Virnig discussed the report and resolution. Motion by M. Harris, Second by La Mere-Anderson to adopt Resolution No. 22-043 Assigning Fund Balance of$269,499 from the General Fund. Motion carried 4-0. 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 No. 738, Amending the 2022 Master Fee Schedule for Outdoor Service Areas in Targeted Zoning Districts. Finance Director Virnig presented the staff report and was available for questions of the Council. Council Member La Mere-Anderson asked about the recommended fees. Finance Director Virnig responded that Planning Department staff researched fees to ensure the fees were reasonable and in line with communities that have similar needs. Motion by Rosenquist, Second by Sanberg to adopt First Consideration, Ordinance No. 738 Amending the 2022 Master Fee Schedule for Outdoor Service Areas in Targeted Zoning Districts Fees. City of Golden Valley City Council Regular Meeting April 19, 2022—6:30 pm Motion carried 4-0 with unanimous approval. (In Favor: M. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A) B. Review of Council Calendar Mayor Pro Tempore Harris reviewed upcoming city meetings, events, and holiday closures. The Council also discussed Run the Valley and the upcoming Boards/Commissions recognition dinner. C. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment Motion by Sanberg, Second by La Mere-Anderson to adjourn the meeting at 7:25 pm. Motion carried 4-0. Shepard M. Harris, Mayor ATTEST: Theresa J. Schyma, City Clerk city Y , EXECUTIVE SUMMARY golden TT Administrative Services 763-593-8013 / 763-593-3969 (fax) Golden Valley City Council Meeting May 17, 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/DocView.aspx?id=979378&dbid=0&repo=GoldenVaHey The check register for approval: • 04-29-22 Check Register UTF . SUMMARY City Administration 763-593-8006 / 763-593-8109 (fax) Golden Valley City Council Meeting May 17, 2022 Agenda Item 3. C. 1. Grant Local Approval for a Gambling Premises Permit for St. Maron Church at Schuller's Tavern Prepared By Theresa Schyma, City Clerk Summary Saint Maron Church has submitted a request for local approval for a gambling premises permit to conduct lawful gambling within city limits at Schuller's Tavern, 7345 Country Club Drive. Currently the Crystal Lions Club has been conducting lawful gambling at the premises but will be ending their activities in the next month. At that time, Saint Maron Church is requesting to begin conducting lawful gambling activities on the premises. There will not be any overlap in gambling activities so only one organization will be conducting gambling at this site. As per State Statute organizations that would like to conduct ongoing gambling activities throughout the year at a specific premises must submit a request for local approval by resolution. After receiving local approval, the Minnesota Gambling Control Board will then be able to consider the application for a gambling premises permit within the City limits. Financial Or Budget Considerations Not applicable Recommended Action Motion to approve Resolution No. 22-049 granting local approval for a Gambling Premises Permit for Saint Maron Church to conduct lawful gambling at Schuller's Tavern, 7345 Country Club Drive. Supporting Documents • Resolution No. 22-049 Approving a Premises Permit for Saint Maron Church to Conduct Lawful Gambling at Schuller's Tavern (1 page) RESOLUTION NO. 22-049 RESOLUTION APPROVING PREMISES PERMIT FOR SAINT MARON CHURCH TO CONDUCT LAWFUL GAMBLING AT SCHULLER'S TAVERN WHEREAS, pursuant to Minnesota Statutes Chapter 349, the State regulates and licenses lawful gambling within the State; and WHEREAS, local approval by resolution is required for a gambling premises located within city limits in order for the Minnesota Gambling Control Board to issue a premises permit; and WHEREAS, Saint Maron Church has submitted a request for local approval for a gambling premises permit to conduct lawful gambling within city limits; and WHEREAS, the gambling premises will be located at Schuller's Tavern, 7345 Country Club Drive, Golden Valley, MN 55427 and no other organization will be conducting gambling at this site. NOW THEREFORE BE IT RESOLVED, that the City Council for the City of Golden Valley does hereby grant local approval for a Gambling Premises Permit for Saint Maron Church to conduct lawful gambling at Schuller's Tavern, 7345 Country Club Drive, Golden Valley, MN 55427. Adopted by the City Council of Golden Valley, Minnesota this 17th day of May 2022 Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk SUMMARY Human Resources 763-593-3989 / 763-593-8109 (fax) Golden Valley City Council Meeting May 17, 2022 Agenda Item 3. D. 1. Receive and File DEIC Annual Report and Work Plan Prepared By Kiarra Zackery, Equity and Inclusion Manager/DEIC Staff Liaison Summary At the May 10, 2022, Council Work Session, Diversity, Equity, and Inclusion Commission Chair Joelle Allen and staff presented the 2021 Annual Report and draft 2022 Work Plan. Financial Or Budget Considerations None Recommended Action Motion to Receive and File the Diversity, Equity, and Inclusion Commission 2021 Annual Report and 2022 Work Plan. Supporting Documents • DEIC 2021 Annual Report and 2022 Work Plan (5 pages) a. �1hrn �.rJ ��.1.- � � �ia� Q• ,� "�'�.n� QM�'�J-h QrS �� „a,a � �^W r�Fl�M INCLUSIONDIVERSITY, EQUITY, & • • 2022 WORK city 0 golden W'lr valley Golden Valley Diversity, Equity,& Inclusion Commission 2021 Annual Report Inclusion2021 Diversity, Equity, & 2021 Diversity, Equity, & Inclusion Commissioners JoelleAllen,Chair(April 2024) Sheri Hixon (April 2022) Thomas Hul i ng(April 2022) Melissa Johnson (April 2022) Chris Mitchell (April 2023) Ruth Paradise (April2023) Teresa Sit (April 2024) Ajani Woodson (April 2024) Note: Terms run May 1-April 30 Council Liaison Maurice Harris City Staff Kiarra Zackery, Equity and Inclusion Manager Golden Valley Diversity, Equity,& Inclusion Commission 2021 Annual Report Table Of Contents 2021 Overview page 4 Quarter 3: Jul-Sep page 4 Quarter 4: Oct-Dec page 5 2021 Sampling Of Media Coverage page 6 2022 Proposed Work Plan page 8 Golden Valley Diversity, Equity,& Inclusion Commission 2021 Annual Report 2021 Overview Starting with itsfirst meeting inJuly,the Golden Valley Diversity, Equity,& Inclusion Commission (DEIC) had a successful and eventful 2021. Budget For 2021, the City Council approved a budgetof$3,500 for the DEIC. The DEIC spent$2,350 (67 percent)of its budgetfor professional fees forspeakerhonorariums; a cash prizeforthe literary contest winner;tickets to sponsor table atthe 2022 Martin Luther King,Jr Holiday Breakfast; a workshop with Native Governance Center;and hostinga procurement lunch and learn. Meetings The DEIC held six regular meetings and had an option to attend the City'sJoint Board/Commission/Council Meeting in February 2022. DEIC History The Golden Valley City Council appointedthe Rising TIDES Task Force in 2018 to provide recommendations on how to fulfill the City's newlyadopted Equity Plan. After researching options and engaging with the Golden Valley community on various equity-based topics,the Task Force proposed creating a more permanent body of appointed community members committed to diversity,equity,and inclusion.This new commission would also replace the Golden Valley Human Rights Commission (HRC). Quarter 3: June-September 2021 BAEGV Disability Inclusion The Rising TIDES Task Force hosted its final Building An Equitable Golden Valley Forum on Dis/ability Inclusionwith DEIC Vice ChairAjani Woodson and ChairJoelleAllenservingasa panelistand planning committee member respectively.Other panelists include Eric Black from MIDI, Danielle Loewenfrom Lunds and Byerly's,and Nicole Rabinowitzfrom Inclusive Networking. Land Acknowledgement Research DEIC members Ruth Paradise,Jonathan Kim and Sheri Hixon formed a subcommittee to continue research on land acknowledgements;acontinuance of the Human Rights Commission's directive from Council. Golden Valley Diversity, Equity,& Inclusion Commission 2021 Annual Report Quarter 4: October-December 2021 Lunch and Learn As a continuation of the Rising TIDES recommendation to increase supplier diversity,the DEIC hosted a Lunch and Learn with commercial custodial companiesfrom the Metro Area.The Equity and Inclusion Manager, ChairJoelle Allen and Public Works Director, collaborated to provide a facilities tour, walkthrough the RFP process and answer questionsfrom potential contractors for custodial services contracts for City Hall Campus and Brookview. Ultimately,a Minnesota-based Black owned businesswonthe City Hall Campus contract afterattendingthe event. Building An Equitable Golden Valley Forum: Introducingthe DEIC The Quarter 4 Building An Equitable Golden Valley Forum highlighted each memberof the DEIC and providedthe communitywith the opportunity to givetheir inputon the Commission's work for the nextyear. MLK Day Literary Contest The DEIC's annual literarycontest is open to students in grades K-12 who live in Golden Valleyorattend a school within Golden Valleyschool districts.Students were asked to { ,��, submitwritten work (essay,song,or poetry) respondingto a 1t ✓ ��' ,,� 4'y prompt underthe theme of "Beloved Community." olden F The DEIC collected contacts at all of the schools withinthe valley4'11 districts Golden Valley serves.Citystaff created fliers and sample newsletterand social media posts for the schools to advertise the contest. The contest was also advertised on the Citywebsite and social media sites,as well as with inthe �VU Su nPost. Updated logo from grade 5-8 winner Renee Woolever The winnerreceived ticketsto the General Mills-sponsored MLK Day event and a $150 cash prize. Golden Valley Diversity, Equity,& Inclusion Commission 2021 Annual Report e 2021 Sampling Of Media Coverage New Diversity, Equity, And Inclusion Commission Replaces HRC The City of Golden Valley's efforts to advocate for equity appointed community mem reached a milestone June 15,2021,when the City Council bers committed to diversity, Join - DEIC voted to replace its Human Rights Commission(IT RC)with equity, and inclusion. Initially the DEIC wIll be a Diversity, Equity,and Inclusion Commission (DEIC). mostly made up of past The DEIC will operate sim HPC and Rising TIDES - new commisslon is an extension of research and ilarlyto the HRC. Itwlll be work by the Rising TIDES Task Force over the last comprised of residents and 2-1/2 years. community members and for community members will report to and take dhec to fil I one youth position - The HRC served the Golden Valley community for lion from the City Council in and one at-large posi- more than 50 years,providing guidance to the matters relating to diversity City Council on human rights issues, helping build equity, inclusion, and hu- )r The Commis- he by creating opportunities for dialogue on man rights. Its mission is to To apply,please contact human rights issues,sponsoring educational opportun6 promote and nurture a safe ties and directing persons to resources on human rights. and welcoming community goldenvalleymn.gov or The Rising TIDES Task Force was created in 2018 to pro- dedicated to the values of 763-593-3991, vide recommendations on how to fulfill the City's newly social equity,inclusion, and adopted Equity Plan.Stemming from the Task Force's Justice.The DEIC will hold Its meetings on the fourth Tues- work was a proposal to create a more permanent body of day of each month, starting July 27, 2021, www.goidenvalleymn.gov/boards/dei/index.php Building An Equitable Golden Valley (BAEGV) Events BAEGV events were promoted in social media c posts, the City newsletter,the Citywebsite,and Building An Equitable Golden Valley Presents"Dis/Ability via news releases to local media. Inclusion In The Workplace" The word"disability"suggests a person is represented or identified by what they cannot do,rather than what they can do.The word'•dis/ability,"spelled with a slash,is used intentionally to counter the word City of Golden Valley, MN -Local ••• "disability." The City's next quarterly equity forum takes place June • share examples and strategies of inclusion and accom- Government 9.6am.Community members will learn about dis/ability modations to help your organization become more inclusion in the workplace and the relationship between inclusive Posted b Looml increasing accessibility and outcomes like staff retention, y y profitability,and positive work environments. Panelists include Eric Black,Minnesota Diversified Indus- Oet 19,2021 © tries;Nicole Rabinowitz,Inclusive Networking;Danielle The objectives of this forum are to: Loewen,Byerlys Diversity and Inclusion Committee:and provide an understanding of barriers to employment Rising TIDES Task Force Member Aram Woodson,who will The City's next equity forum, Oct 28, 6-7:30 pm will faced by people with disabilities share his personal experience with workplace inclusion. feature a presentation and discussion on the City's dispel myths regarding workplace safety,productivity, watch and participate in the forum via Cisco Webex or and cost of employing people with disabilities the live broadcast on Cable Channel 16.Watch the City equity plan and an introduction of the new Diversity, website for updates. Equity, and Inclusion Commission.The event will be held www.goldenvalleymn.gov/equity-and-inclusion/forums.php virtually via Cisco Webex and will have an opportunity for attendees to participate at home. Two City Task Forces On Track To Complete Missions https://www.goldenvalleymn.gov/newsarchiv... See More Facilities Study Task Force The Facilities Study Task Force entered the final phase of its Police Commission Task Force work plan by to king public Fr ut May 3-23 to help evaluate Golden Valley's Police Commission Task Force proposed concepts for the Fzcilties Study na-'s tics to the (PCTF)hosted an online engagement session May _ Downtown Study. 5 to present a primary draft of the mission and by- BUILDING AN EQUITABLE GOLDEN VALLEY: PLANNING FOR TOMORROW Thurs,Oct 28 Join a discussion on the City's Equity Plan,provide feedback,and meet a panel of new Diversity, _ 6-7:30 pm Equity,and Inclusion Commission members. via Webex Watch for updates on this event at www.goidenvalleymn.gov/equity-and-inclusion/forums.php. i SEPTEMBER-OCTO6 ER 2021 C1tyNEWs 3 II proposed budgets. "tps://files.,Ogis.org/public/57afaf. For more information and updates on the Facilities Study, For updates on community input,visit the Golden visit the City website. Valley Police Commission Task Force website. www.goidenvalloymn.gov/planning/studies/facilities- ww.goldenvalleymn.gov/boards/pcac tlowntown.php ©8 5 Shares MAY-IUNE2021 C1tyNEWS 3 Golden Valley Diversity, Equity,& Inclusion Commission 2021 Annual Report Hobbs Human Rights Award And MLK Literary Contest Beyond social media posts, the MLK Literary Contest was advertised inthe City newsletter city of� PPSRT STD us.Postage and the City website. go vn!"V Permi�Na1659 Twin Cities,MN 7800 Golden Valley Road Golden V lley,MN55427 City Partners With Hennepin County For Embedded Social Worker Program 763-593-8000 To corner mcl t-.a.c cc bedded woke-n r-.,omen do tees on and answers,once- 763-593-3968 TTY -- a-h.th v yPo c e-- �-u tl nsfromcommunitymemberewho www.goidenvalleymn.gov C y>f Cold,, V l,yr IL Police ul.-t, �t p�cc'spall", Calledn.Arecprd'rg ofthe event 1 t :t tly 1 t.od Ih save lable on the City websic(see tt u t fi:Jffc yet�cl Yo t o ncr_s the Police f's below) Y th "It the 911 _ L \ g D yg It pro- Sm p 6 11. h d ^1 bettor Pla IPPSto S,rdbi,,g to t tl lY tr t l M d II 1-. :g Ihs. 9 cJl I.-.vM1 h II ,y o-other Dal dt --yet t b tl- prat['-c a-Cd calls. �n i T reed ac ter red.Watch the City webslte for nosso"fl, details. I1 v llcy ty rrh ctel atturutpnce 5-1 in ocl.. c m o _i The City coon oubl'shmca -L tic ^ pod f 1= r rrce C Y i_,.y,or A �.cr.,�° Meet The Team abo I cn c n -he Market In The Valle Mighty Tidy Da Annual Leaf Drop-Off Off �wp ll -dogsp City and County sff presented the Inkb y 9 y Y Y P' 11 ,..or l etas.The ern program at a No,10 0 veal utorma Sundays through Oct Sat,Oct 9 18 am-1 pm Four Oct&Nov weekends www.marketinthevalleyorg Brookview Park Brookview Park(see page 4) rn m r vsw.goldenvalleymn govland search"community health" (see page 4) a geatw LWV Council Election Day MILK Human Rights Contest Theme Is"Community" Candidate Forum Equity Forum(virtudq Tue,Nov 2 1 7 ani pm h ^c Is r-L c -e r Sept 30 1 7 pm Thu r,Oct 28 1 6-7:30 pm (see page 3) G„J. _„nmr t,w Cc, . ,l_ c r.i dnrd rc �mpodanL Golden Valley CRY Hall (see page 3) Cr st i M KJin F c�l^ t .gad Ki) Ivc 111-Vall-y t d �t - lit Utpl-aivk, crl'y JhaL�x��P rc�lho r V y c ..... Ic.Q 1h' D 111 J l .d sG t' lany LL"t .Ivry 1 ,..tit:p C,the theme T he c.sa-nctopy2,21,zC< <ry ve yoreConic t y blc alb_reyee colt",in happen when we °Id yalle-m°-°°' „each mtK cp°test" Nominate A Community Deadline For MLK Human Leader For The Bill Hobbs Rights Contest Is Dec 22 To honor the legacy of Dr Martin Luther e GOLDEN VALLEY.. an Rights Award King Jr,the Golden Valley Diversity, The Gal II Div ily,Equity,c xl Indus— Equity,and Inclusion Commission(DEIC) FA CITY WILL • • Commission(TIED)it,tic accepting nominatlons is sponsoring the MILK Human Rights tar the Bit Robb,I lumen Rights Award,which live in Golfor den In grades K-12school who TI C t f i i y III d S I --b t b _m [�[ a d h1t,n 'al -tell- es month,rs in the community ho work Golds Goltlen Valley,attattend a Ro birsda e 3 - = z -t s rot ed h _t-Ct rt or tobuill bw Golden Valley,or attenda Robbinsdale ILyr, l 1 2C2- I 1.r t..t d eI- to bulltl an environment that promotes fair and Area District or Hopkins District school. admors s,.11 ,y poi.m n ,d r.;g..cl c 1,o r,1 pL-ado or new equal treatment for everyone. T 11 r-- ,c he'r, The DEIC will announce this year's theme 11 er__rc The Bill Hobbs Human Rights Award Is present - TI 1 lly I 11 2"C 1 - - - after Its September meeting.Check the 2 t 1 1 1 r ad every December[o a deserving community iorc d Gly webslte for details. IF. - c cal o we pp colpr a r > y I,o_Ilk,cxI I�,p:ern member In conJunctlon with Human Rights Day. T1 1—Ill, .o�I ll, "„- _ r�I,�,.n_orpay In cape'. _,nd'u„n"C'1�cnsinror. While nominations are open year-round,the The deadline to enter the contest is Dec >_ Il�ce- ..c.rsn lot rcnt' It soul irc�.:cr Ce�rrr�l r n,,:T63- deadline for submitnng nominations to r the cur- 22,2021, 1 k. II -1 1' eyed 593-8004,_o .tint at .moll y,n.gov. rent year is Sept 30. more ^1lsit2(7 antl e..2i tot art ksetd d'sl'kes _. For more information,UlSlt the Community Cut- FOrnfOrmatOn,VlSlt the Community ach tab on the DEIC web page. Outreach tab on the DEIC web page. rovemeea oecemaea I'll cityNEws t �\ rwww,goldenvalleymn.gov/boards/dei/indez.php y"A"'w'•goldenvalleymn.gov/boards/dei/ ind-.php City of Golden Valley,MN-Local see Government Posted by Loomly Jul 8,2021-p City of Golden Valley,MN-Local "' The Golden Valley Diversity,Equity,and Inclusion Government Commission(DEIC)is now accepting nominations for the Posted by Loomly Bill Hobbs Human Rights Award,which recognizes Nov 7,2021•p City of Golden Valley,MN-Local e'e members in the community who work to build an The DEIC's Dr Martin Luther King Jr Human Rights Government environment that promotes fair and equal treatment for Posted b Looml everyone. Contest has begun! Nov 18,2021•p https://www.goldenvalleymn.gov/newsarchiv...See More The contest is open to K-12 students who live in Golden To bring the conversation of human rights to a younger ° Valley,attend a school in Golden Valley,or attend a audience,the annual Martin Luther King Human Rights Robbinsdale Area District or Hopkins District school. Contest is once again open to students in all grades K— https://www.goidenvalleymn.gov/newsarchiv See More 12 who live in Golden Valley,attend a school in Golden Valley,or attend a Robbinsdale Area District or Hopkins 'OUR GOAL ISTOCRUTEA BELOMCMMMffyAM District school.Sponsored by the Golden Valley THIS WILL REQUIRE QUALUATIVE CHANGE IN OUR SOULS Diversity,Equity,and Inclusion Commission(...See More AS WELL AS A �b } "OUR GOAL .CREATE A . r DR MARTIN LUTHER KING JR r y I ,a "? MILK HUMAN RIGHTS CONTESTIN OUR LIVES." , MARTIN LUTHER KING JR . „. ^� / au d'ng on ob'ng s pass on antl eadersli p Open to stu °j ii j'i `tom creativeyrespontl ro mero ow ng prompt'. Gotlen Va l Showus wAme you see bvemyour cornmunM oat ends sloe eaDs cio op s where till people ore aeerd antlleelrmpertane aMfm uM1�bb y� ert—ir,crealFresubmisslon.Including.but not En"Ns mart inn di 02 elil to,amvork,poetry,videos,songs,raps.or rube name.address,phonelemail,one grade essays.Audio or video entries can be subm'metl level p5 Like Q Comment Share Golden Valley Diversity, Equity,& Inclusion Commission 2021 Annual Report 2022 Proposed Work Plan Goals • Cultural Appreciation and Recognition The DEIC wants to create opportunities for everyone tofeel represented within theirwork and seeksto recognize and celebrate the diverse backgrounds and identitiesof Golden Valley community members.The Commission will dothis through the Building An Equitable Golden Valleyforums and the Land Acknowledgement Action Plan. • Building Community It is important to the DEIC to bring communitytogether to learn and get to know each other. With everyevent,gathering, meeting,and forum, the Commission considers how it is building relationships and awareness. Tentative Outline Q1 (Jan-Mar): • Sweet Potato Comfort Pie MLK Event • Land Acknowledgement Workshop with Native Governance Center • Black History Month BAEGV Quarterly Forum Q2 (Apr-Jun): • EnvironmentJustice BAEGV Quarterly Forum (in partnership with Environmental Commission) • Researching Public Asset NamingPolicy(in partnershipwith Open Space and Recreation Commission) • Inclusive Employee Calendar recommendations Q3 (Jul-Sep): • Welcome Packet development • Human Rights Day + Bill Hobbs Award Planning • Housing BAEGV Quarterly Forum • Land Acknowledgement Action Plan:Identify artists for art piece • Land Acknowledgement Action Plan:Develop relationship with schools Q4 (Oct-Dec): • Human Rights Day + Bill Hobbs Award • Begin MLK Planning(multimedia contest,Sweet Potato Comfort Pie,General Mills Breakfast) • Engage and Celebrate Golden Valley BAEGV Quarterly Forum • Final report: Recommendations for 2023 equityplan EXECUTIVE SUMMARY Public Works 763-593-8030 / 763-593-3988 (fax) Golden Valley City Council Meeting May 17, 2022 Agenda Item 3. E. 1. Approve Purchase of a Public Safety Generator Prepared By Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Superintendent Summary The generator for the Public Safety building is 23 years old, reached its useful life cycle, and needs to be replaced. The generator increasingly needs repairs including continued coolant leaks and a rusted enclosure exposing it to the weather. Additionally, part availability is becoming more difficult due to the age of the generator. The generator supplies backup power during outages to ensure resiliency during standard and emergency operations. The replacement generator may be reused in the future if the facility changes or is relocated. Staff solicited quotes to replace the existing generator. The results are below: Advanced Power Services, Inc. $33,490 Ziegler Power Systems $66,810 Financial Or Budget Considerations The 2022-2031 Buildings Capital Improvement Program includes $50,000 (B-012) for the replacement purchase of the generator. Recommended Action Motion to approve purchase of a Public Safety Generator from Advanced Power Services, Inc. in the amount of$33,490. Supporting Documents • Advanced Power Services, Inc. Quote (5 pages) • Ziegler Power Systems Quote (4 pages) 0ADVANCED Sales Engineer: Lucas Braun POWER SERVICES, INC. Ibraun@advancedpowerservice.com Bill To: Ship To: Company Name:City of Golden Valley Company Name: City of Golden Valley First Name: Marshall First Name: Police Station Last Name: Dagenais Last Name: ' Address Address City: Golden Valley City: Golden Valley --�� State: MN State: MN r Zip: Zip: Part Number Model Number/Description Phase Price Price Total 10OKW Cummins Quiet Connect Natural Gas 100KW NG Generator 400A Breaker 120/208V 3Phase $33,490.00 Coolant Heater Coolant Heater 120V,150OW 12V Battery/12V 6A Charger Battery,Group 34-Cold Start Asco Transfer Switch (Qty 1) 300 Series 400,3 Pole,Nema 1 120/208V 3Phase E-Stop&Remote Annunciator NFPA 110 2 Hour Load Bank Customer Training Start Up and Testing Removal of old generator included Electrical Instalation Included Mechanical Instalation included Sub Total $33,490.00 ADDITIONS Project&Equipment Total $33,490.00 Start up Included Freight Included Instalation Included $0.00 Customer Training Included 0 $0.00 Tax Not Included 0 $0.00 0 $0.00 0 $0.00 0 $0.00 TOTALI $33,490.00 CITY OF GOLDEN VALLEY,MAY 17,2022 Shepard M.Harris Mayor TimothyJ.Cruikshank City Manager Specification sheet Power Generation 0 Quiet Connect 'r Series RS100 Features and benefits Robust product design and testing -The Advanced enclosure design -The aesthetically generator is designed to operate under extreme appealing enclosure incorporates special designs environmental conditions including cold weather that deliver the quietest generator of its kind. starts at as low as -40 OF. The generator is tested Aluminum material plus durable powder coat paint and certified per the latest EPA, UL and IBC provides the best anti-corrosion performance. The Seismic standards and is capable of meeting generator set enclosure has been evaluated to NFPA110 requirements when equipped with the withstand 180 MPH wind loads in accordance with necessary accessories and properly installed. ASCE7-10. The design has hinged doors to provide easy access for service and maintenance. Flexible exercise mode -The innovative, flexible exercise mode enables the generator to exercise Self diagnostics and easy service -The at a time, frequency and duration that suits the generator is equipped with Cummins customer's preference -as little as 2 minutes PowerCommand®electronic control to provide every 6 months - reducing unnecessary fuel industry-leading self diagnostic capabilities. In consumption, emissions and noise. addition, critical components of the generator are designed to ensure service and preventive maintenance can be completed in a short period of time. Weight, size and sound level Weight: 2830 Ibs (1284 kg) Size: Length 118.7 in (3016 mm), width 40.0 in (1016 mm), height 58.3 in (1480 mm) Sound: 71.0 dB(A) at 23 ft (7 m) with sound level 2 enclosure Rated amps' Circuit breaker Series Model Phase Voltage V Frequency Hz NG/LPV fuel (Amps) 1 120/240 60 417/417 125-400 RS100 C100N6 3 120/208 60 347/347 125-400 3 120/240 60 301/301 125-400 3 277/480 60 150/150 175 Derating guidelines:Engine power available up to 488 m(1600 ft)at ambient temperatures up to 25°C(77°F).Above these elevations derate at 4%per 305m(1000 ft)and 2%per 10°C above 25°C(77°F). Our energy working for you.- ©2016 Cummins Inc. I NAS-6171-a-EN(1/16) power.cummins.com Product features Generator set performance Engine Governor regulation class: ISO 8528 Part 1 Class G3 • Natural gas/propane 1800 rpm engine Voltage regulation, no load to full load: ±1.0% • Engine air cleaner—normal duty Random voltage variation: ±1.0% • Electronic governor, isochronous Frequency regulation: Isochronous • Engine starter, 12 VDC motor Random frequency variation: ± 0.25% @ 60 Hz • Shutdown—low oil pressure Radio frequency emissions compliance: FCC code • Extension —oil drain Title 47 part 15 Class B • Engine oil—included Fuel system Engine • Single fuel—natural gas or propane vapor, field selectable Design: Turbocharged and aftercooled Alternator Bore: 102.1 mm (4.02 in) m (4.72 in) • 60 Hz, 1 phase, 4 lead, or 3 phase, 12 lead, 120 oC Displacement:Stroke: 119.9 m liters ( in temperature rise at 40 oC ambient • Exciter/voltage regulator—torque match Cylinder block: Cast iron, in-line 6 cylinder Control Battery capacity: 850 amps at ambient temperature of 0 • PowerCommand 1.1 of to 32 of (-18 oC to 0 oC) • Display language—English Battery charging alternator: 52 amps • Control mounting, left facing Starting voltage: 12 volt, negative ground Electrical Lube oil filter type(s): Spin-on with relief valve • Single circuit breaker, UL certified, right-side mounted Standard cooling system: 500 C (122 F) ambient • Battery charging alternator, normal duty cooling system • Battery charger—6 Amp, regulated Rated speed: 1800 rpm Cooling • Generator set cooling capability—50 oC Fuel supply pressure • Shutdown—low coolant level Minimum fuel supply pressure: 1.5 kPa (6.0 in H20) • Engine coolant—50/50 mixture Maximum fuel supply pressure: 3.5 kPa (14.0 in H20) • Extension —coolant drain Enclosure Control system • Aluminum enclosure Sound Level 1 with muffler sandstone color The PowerCommand®electronic control is standard installed, sa • Wind rating sto MPH equipment and provides total generator set system integration including automatic remote starting/stopping, Code compliance precise frequency and voltage regulation, alarm and • UL 2200 status message display, output metering, auto-shutdown • EPA emissions, stationary emergency, 40CFR60 at fault detection and NFPA 110 Level 1 compliance. • IBC Seismic • NFPA110 capable Generator set application Sound attenuated enclosure • Coolant heater The aesthetically appealing enclosure incorporates special • Crank case vent heater designs that deliver the quietest generator of its kind. • Battery rack Aluminum material plus durable powder coat paint • Flexible fuel line provides the best anti-corrosion performance. The • Literature (English)—operator's manual, installation generator set enclosure has been evaluated to withstand manual 180 MPH wind loads in accordance with ASCE7-10. The Warranty design has hinged doors to provide easy access for • Base warranty—2 year standby service and maintenance. • Extended warranties available Packaging • Shipping pallet Our energy working for you.- ©2016 Cummins Inc. I NAS-6171-a-EN(1/16) power.cummins.com Average fuel consumption Fuel consumption—natural gas Fuel consumption—LP vapor Load: 1/4 1/2 3/4 Full Load: 1/4 1/2 3A Full Ft3/hr: 549.6 805.4 1050.8 1317.7 Ft3/hr: 207.5 311.8 411.2 518.7 M3/hr: 15.6 22.8 29.8 37.3 M3/hr: 5.9 8.8 11.7 14.7 Gal/hr 5.70 8.57 11.30 14.25 Conversion factor: 8.58 ft'= 1 1 b 0.535m'= 1 kg 36.39 ft3= 1 gal Basic dimensions DISTANCE REQUIRED TO OPEN DOORS 30 730 �AIA INTAKE AREAS i - AISC HAA AND EdHANST j RADIATOR FILL ACCESS �91AGE AREAS 148, 58.11 I _I Ill. ® IIIIIII IIIIIIII III I. OUTLET VIEW INLET VIEW TOP VIEW 1016 toot CENTER OF GRAVITY SSE RL'ICE PANEL [1 18 i] S ERVICE DOOR 3 6 CENTER OF GRAVITY SERVICE PANEL SERVICE DOOR 4% LATCH O 162 E7 AIR FLOW 6. G3 53e [4,1] —SEdViCE D009 SERVICE DOG4 [[I] 168 L 601 718 721 162 16.61 [23.5] [28.3] t28.A] [6.4] RIGHT SIDE VIEW LEFT SIDE VIEW FUEL CONNECTION Note: This outline drawing is provided for general reference only and is not intended for use in design or installation. For more information,see Operators and Installation manuals or contact your distributor or dealer for assistance. Our energy working for you." ©2016 Cummins Inc. I NAS-6171-a-EN(1/16) power.cummins.com Accessories Transfer switch (sold separately) • HM1211 IRS in-home display, including pre-configured • Automatic Transfer Switches available in various 12"harness amperages. • HM1211 remote display, including pre-configured • Service Entrance models are also available, which 12"harness helps reduce the installation cost. • HM1220 remote display • All models UL listed to UL 1008 standard. • Auxiliary output relays (2) • Available for both Indoor and Outdoor applications. • Auxiliary configurable signal inputs (8) and relay • Compatibility with Cummins generator set helps reduce outputs (8) the installation time for the complete application. • Annunciator—RS485 • Internet monitoring device—PowerCommand 500 Warranty policy • Battery chargers—stand-alone, 12V • Enclosure Sound Level 1 to Sound Level 2 upgrade kit The Cummins IRS and RX liquid cooled generator set • Enclosure paint touch up kit models come with a 2 year base warranty when used in • Base barrier—elevated generator set EPA-Stationary Emergency application. The RA series • Alternator heater Automatic Transfer Switches come with a 2 year base • Maintenance and service kit warranty. Extended warranty options are available. Please contact Cummins dealers/distributors for details. After sale support t ,� Largest distributor/dealer support network �J Cummins Power Generation generator sets are supported by the largest and best trained worldwide certified distributor/dealer network in the industry. The network of knowledgeable and highly trained dealers will help you select the right generator for your application WARNING: WARNING: and advise you on associated accessories for your Standby rating based on:Applicable Back feed to a utility system can cause generator. The dealer network can also help answer any for supplying emergency power forthe electrocution and/or property damage. questions you may have regarding operation and duration of normal power interruption. Do not connect to any building No sustained overload capability is electrical except through an approved maintenances requirements of the generators. This same available for this rating.(Equivalent to device or after building main breaker is network offers a complete selection of commonly used fuel stop power in accordance with open. IS 55146,nominal DIated. and generator set maintenance parts, manuals and BS5514.)nominally rated.See T030. g p specification sheets. Manuals: Operation and installation manuals ship with the generator set.To obtain additional copies or other manuals for this model,see your distributor/dealer.To easily locate the nearest certified distributor/dealer for Cummins generators in your area, or for more information, contact us at 1-800-344-0039 or visit power.cummins.com. Contact your distributor/dealer for more information. North America 1400 73rd Avenue N.E. Minneapolis,MN 55432 USA Phone 763 574 5000 Fax 763 574 5298 Power Our energy working for you.- Generation ©2016 Cummins Inc.All rights reserved. woo Cummins is a registered trademark of Cummins Inc. "Our energy working for you."is a trademark of Cummins Power Generation.Other company,product,or service names may be trademarks or service marks of others.Specifications are subject to change without notice. power.cummins.com NAS-6171-a-EN(1/16) Proposal by Date: April 19, 2022 ZIEGLER Proposal No. EPG3990311 Power Systems C3 8050 State Highway 101 E Shakopee, MN 55379 952-887-4574 To: City of Golden Valley Re: Sourcewell Contract # 120617-CAT 7800 Golden Valley Road Golden Valley, MN 55427 "7800 Building - Public Safety" Sourcewell Member ID # 21219 WE PROPOSE TO FURNISHINACCORDANCE WITH THE FOLLOWING SPECIFICATIONS,TERMS AND CONDITIONS QUANTITY: One (1)new CATERPILLAR emergency standby generator set mounted in Outdoor insulated/sound attenuated enclosure rated 75dBA @ 23 feet. MODEL: DG100—Natural Gas RATING: 100kW— Stand By Rated VOLTAGE: 120/208 volts, 3 phase, 60 HZ, 1800 RPM BREAKER: One (1) adjustable electronic trip circuit breaker—400 amp, 3 pole, 100%rated SWITCHGEAR: Existing WARRANTY: Four(4) years, 2000 hour warranty INSTALLATION: Included by Ziegler CAT TOTAL INSTALLED PRICE: $ 69,310 .00* TRADE IN CREDIT FOR EXISTING GEN: ($ 2,500.00Y) *Please refer to the attached Bill of Material. *Price includes all state or local sales and/or use taxes. ESTIMATED DELIVERY.• 50-52 weeks from approval F.O.B. Installed on site TERMS: Net 20 days THIS PROPOSAL SUBJECT TO ALL PROVISIONS OF THE CONTRACT AND WARRANTY ON REVERSE SIDE Respectfully submitted, ZIEGLER INC. By: Logan Craw Logan Cameron, Sales Engineer Subject to approval by APPROVED: ZIEGLER INC. BILL OF MATERIAL EPG3990311 -1 - ONE (1) EMERGENCY STANDBY GENERATOR SET,RATED AT 100KW STANDBY, 3 PHASE, 60 HERTZ, 120/208 VOLT, 1800 RPM. ENGINE SPECIFICATIONS Meets EPA Regulations 8.8 Liter Electronic governor Oil filter, spin-on type Radiator cooling system, blower fan Water pump 12V. DC starting system Jacket water heater, 120 volt, 1500 watt Alternator, 30 ampere, 12 VDC Fuel system: Natural gas UL2200 Listed/NFPA110 Compliant STANDARD ENGINE SAFETY FEATURES Shutdowns with individual warning lamps Fail to start/over-crank High coolant temperature Low lube oil pressure Over-speed Over-voltage GENERATOR SPECIFICATIONS Class H insulation, rotor and stator, single bearing design Flexible coupling Brushless excitation Solid-state regulator, +/- 1. % regulation One (1) adjustable electronic trip circuit breaker—400 amp, 3 pole, 100%rated CONTROL PANEL EMCP 4.2 Series control panel features: Run/off/auto switch Remote signals/contacts from panel: Terminals for remote emergency stop Common fault alarm signal Start/Stop volt free control Panel lights Audible alarm Three (3) attempt start timer(adjustable) AC instrumentation for volts, amps, frequency Seven (7)position voltmeter phase selector switch Four (4)position ammeter phase selector switch Red lockdown stop pushbutton AUTOMATIC TRANSFER SWITCH Existing BILL OF MATERIAL EPG3990311 -2 - ANCILLARY EQUIPMENT Enclosure, outdoor insulated/sound attenuated enclosure rated 75dBA @ 23 feet Color, CAT White Battery charger, 10 ampere, static, generator mounted Battery, with battery rack and cables Exhaust silencer, internally mounted Exhaust-flex connector Exhaust rain cap Fuel inlet flex connector ELECTRICAL SCOPE OF WORK Disconnect existing 100kw Kohler generator Reconnect new generator set Provide new conduit and wiring for shore power (battery charger, coolant heater, controls) Make terminations with existing Cummins transfer switch MECHANICAL SCOPE OF WORK Disconnect the existing gas line from existing generator Reconnect the gas line to the new generator and new pressure regulator Adjust the regulator to proper pressure setting Ziegler provided crane to pick existing generator and set new generator Ziegler to handle disposal of existing Kohler generator set PROJECT MANAGEMENT SERVICES Submittal drawings Dimensional drawings Electrical schematics Product specifications Prototype testing/Production testing Technical assistance - coordinated through Ziegler project manager Jobsite startup by Ziegler technician Operation and maintenance manual Engine, Generator Warranty, Four (4) years —2000 hours Training of owner's personnel - at the time of jobsite testing and start-up COMMENTS AND CLARIFICATIONS Labor to occur during normal business hours (Monday - Friday 8am-5pm) Any and all power outages to be coordinated with City of Golden Valley prior to disconnect Final approval from City of Golden Valley, K&M Electric, and Pioneer Power is required Due to current supply chain conditions, lead times are subject to change BILL OF MATERIAL EPG3990311 -3 - NOTES Ziegler limits the scope of supply for this quotation to the equipment and services listed. Equipment not listed is assumed to be provided by others. Orders are subject to re-stocking charges if cancelled after release for production. State and local permits for fire, air, fuel tanks or building permits are not included and provided by others. Start-up labor is to be performed during normal business hours, Monday through Friday 7:30 am to 4:00 pm. Training is to be performed at the end of start-up. Additional trips or delays required or requested due to contractor delay and/or issues with equipment not provided from Ziegler Power Systems will be billed at published field service rates. Terms: • Extension of contract beyond term must be at the mutual agreement of the parties. • Ziegler Inc. shall not be liable for consequential damages or damages beyond our control. • This quotation is subject to availability at time of order • Customer is responsible for adequate site conditions and security. • Customer is responsible for scheduled maintenance and fuel costs. • Customer must provide adequate insurance to cover equipment damage or loss. • Price(s) do not include state or local sales and/or use taxes. • Quotation is valid for 30 days. PROVISIONS OF THE CONTRACT AND WARRANTY The prices quoted are current and are subject to change to those in effect at the time of shipment. Caterpillar products are sold subject to the terms of the applicable Caterpillar warranty. Copies of the warranties applicable to this purchase are attached hereto, and the purchaser by signing this order acknowledges receipt of the Caterpillar warranties on Forms. The Purchaser agrees to pay any and all taxes, assessments, licenses, and government charges of every kind and nature whatsoever upon said equipment which may be imposed or assessed against or resulting to the Seller on account of the possession or use of said equipment by Purchaser. All provisions hereof are contingent upon government restrictions, strikes, and accidents, delays of carrier and other delays unavoidable and beyond Seller's control. It is intended and understood that title and ownership of said equipment is and shall remain vested in the Seller, notwithstanding delivery or possession, until the entire price is paid in full. EXECUTIVE SUMMARY Public Works 763-593-8030 / 763-593-3988 (fax) Golden Valley City Council Meeting May 17, 2022 Agenda Item 3. E. 2. Approve Contract for the Joint Water Commission 24-Inch Gate Valve Project with Valley Rich Company, Incorporated. Prepared By Tim Kieffer, Public Works Director Joe Hansen, Utility Maintenance Superintendent Summary The City of Golden Valley will be making water infrastructure improvements in Maintenance Area V this summer, then milling and paving in 2023. AJoint Water Commission (JWC) watermain located on St. Croix Avenue is in this area. The watermain has one valve on either end of St. Croix Avenue, approximately 2,700 feet, which is an extraordinarily long stretch of watermain without a valve. This section of watermain serves a nursing home and a senior high-rise living complex. Past watermain breaks in this area have been difficult to manage due to the inability to continuously serve critical customers while repairing the breaks. Due to the lack of valves on this portion of watermain and the high criticality of users, the JWC approved adding a 24-inch valve on St. Croix Avenue. The valve was purchased, and the JWC Technical Advisory Committee solicited quotes to install the valve. Two quotes were received and are shown below: Contractor Amount Valley Rich Co., Inc. $43,000 United Water and Sewer Co. $49,500 The project will be administered by the City of Golden Valley and reimbursed through the Joint Water Commission. Staff anticipates the project starting in late May or early June 2022 and completed within a few days. Financial Or Budget Considerations The 2022 JWC Capital Improvement Program includes $180,000 for this work under Replace Trunk Valves (#14-027). City Council Regular Meeting Executive Summary 2 City of Golden Valley May 17, 2022 Recommended Action Motion to authorize the Mayor and City Manager to execute the Contract for the Joint Water Commission 24-Inch Gate Valve Project with Valley Rich Co., Inc. in the form approved by the City Attorney. Supporting Documents • Contract for the Joint Water Commission 24-Inch Gate Valve Project with Valley Rich Company, Inc. (16 pages) CONTRACT FOR JOINT WATER COMMISSION 24-INCH GATE VALVE PROJECT WITH VALLEY RICH CO., INC. THIS AGREEMENT is made this 17th day of May 2022 (the "Effective Date") by and between Valley Rich Co., Inc., a sewer and water contractor located at 147 Jonathan Boulevard North #4, Chaska, MN 55318 ("Contractor"), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the "City"): RECITALS A. Contractor is engaged in the business of excavating to repair, replace, and relocate potable water distribution components. B. The City desires to hire Contractor to repair, replace, and relocate potable water distribution components. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1. The Work. Contractor shall perform the work more fully described in the attached Exhibit A(the "Work"). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials,equipment, and services provided or to be provided by Contractor to fulfill Contractor's obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. Contractor shall at all times keep the premises free from accumulation of waste materials and debris caused by Contractor's operations. 2. Time for Completion. The Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the City's authorized agent according to the deadlines set forth in Exhibit A (the"Contract Time").Contractor shall to notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor's expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time. 3. Consideration. In consideration of the performance of the Work,the City shall pay to Contractor $43,000.00(the"Contract Price").The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by 1 Contractor during the relevant billing period. The City shall pay Contractor within thirty (30) days after receiving a statement from Contractor. 4. Extra Work. Unless approved by the City in writing,Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor's own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 5. Contract Documents.The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary drawings, plans, specifications d. Other documents listed in this Agreement Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 6. Expense Reimbursement. Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor's fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 7. Approvals. Contractor shall secure the City's written approval before making any expenditures, purchases, or commitments on the City's behalf beyond those listed in the Work. The City's approval may be provided via electronic mail. 8. Protection of Persons and Property. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 2 9. Acceptance of the Work. All of the Contractor's work and labors ha I I be subject to the inspection and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done to the satisfaction and approval of the City at the Contractor's sole cost and expense. Contractor shall replace at Contractor's expense any loss or damage to the Work, however caused, which occurs during the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any payment made to Contractor,shall not be construed as operating to relieve Contractor from responsibility for the construction and delivery of Work. Acceptance of the completed Work shall be evidenced only by Final Payment (the "Final Payment") issued by the City, which shall state the date on which the City accepts the completed Work (the"Final Completion Date"). 10. Warranty. Contractor represents and warrants that it has the requisite training, skills, and experience necessary to complete the Work, is appropriately licensed by all applicable agencies and governmental entities and will complete the Work in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar work. Contractor further represents and warrants to the City that the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise.Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or equipment not conforming to these requirements may be considered defective.Contractor shall promptly correct any defective Work. Costs of correcting such defective Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for any additional services and expenses made necessary thereby, shall be at Contractor's expense. Contractor's warranty shall exclude remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. 11. Guarantee. Contractor guarantees and agrees to maintain the stability of the Work and materials furnished and installed under this contract for a period of one year after the Final Completion Date (the "Guarantee Period"). Contractor agrees to perform fully all other guarantees as set forth in the specifications. If any of the Work is found to be not in accordance with the requirements of the Contract during the Guarantee Period, Contractor shall correct it promptly after receipt of notice from the City to do so.The City shall give such notice promptly after discovery of the condition. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct the Work at Contractor's expense. The Guarantee Period shall be extended with respect to portions of Work first performed after the Final Completion Date by the period of time between Final Payment and the actual completion of that portion of the Work. The one-year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to this Section. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's obligations other than specifically to correct the Work. 3 12. Termination. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties' obligations hereunder, unless terminated by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty(30) days' written notice to the City; c. The City may terminate this Agreement at any time at its option,for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor's failure to have in force any insurance required by this Agreement. In the event of a termination,the City shall pay Contractor for Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 13. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 14. Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor,the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor's breach. 15. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor,that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 16. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor's successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents,volunteers, and employees from any and all claims; lawsuits;causes of actions of any kind, nature, or character; damages; losses;and costs,disbursements,and expenses of defending the same,including but not limited to attorneys' fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor's (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement,or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor's failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 17. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: 4 a. Worker's Compensation Insurance as required by Minnesota Statutes, section 176.181; b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard, providing coverage for claims including: i. Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii. Personal and advertising injury; iii. Damages because of physical damage to or destruction of property, including loss of use of such property; iv. Bodily injury or property damage arising out of completed operations; and V. Contractor's indemnity obligations under this Agreement. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: "The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages." Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days' written notice is provided to the City, or 10 days' written notice in the case of non-payment. 18. Compliance with State Withholding Tax. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project by providing to the City Engineer a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. 19. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party's prior written consent. Any assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due)in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Work required by this Agreement.Any instrument in violation of this provision is null and void. 5 20. Independent Contractor. Contractor is an independent contractor. Contractor's duties shall be performed with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is customarily engaged in the independent performance of the same or similar work for others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture, and the parties are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose,including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 21. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor's guests, invitees, members,officers,officials,agents,employees,volunteers, representatives, and subcontractors shall abide by the City's policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City's Tobacco, Drug,and Alcohol Policy,as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures,or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 22. Entire Agreement. The Contract Documents shall constitute the entire agreement between the City and Contractor and supersede any other written or oral agreements between the City and Contractor. 23. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 24. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 25. Work Products and Ownership of Documents. All records, information, materials and other work products, including, but not limited to the completed reports,drawings, plans,and specifications prepared and developed in connection with the provision of the Work pursuant to this Agreement shall become the property of the City, but reproductions of such records, information, materials and other work products in whole or in part may be retained by Contractor. Regardless of when such information was provided, Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. These obligations survive the termination of this Agreement. 26. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor 6 shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Work. 27. Agreement Not Exclusive. The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City's sole discretion. 28. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes,Chapter 13. Contractor agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City,except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 29. No Discrimination. Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended ("ADA"), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes,Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys' fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 30. Authorized Agents. The City's authorized agent for purposes of administration of this contract is Tim Kieffer, or designee. Contractor's authorized agent for purposes of administration of this contract is Pete Nasvik, or designee who shall perform or supervise the performance of all Work. 31. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY Valley Rich Co., Inc. City of Golden Valley 147 Jonathan Boulevard North#4 7800 Golden Valley Road Chaska, MN 55318 Golden Valley, MN 55427 pete@valleyrich.com tkieffer@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 32. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 7 33. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit, or affect the scope and intent of this Agreement. 34. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 35. Signatory. Each person executing this Agreement("Signatory") represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 36. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (pdf) and signatures appearing on electronic mail instruments shall be treated as original signatures. 37. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF, the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. CONTRACTOR: CITY OF GOLDEN VALLEY: By: By: Pete Nasvik, Project Manager Shepard M. Harris, Mayor By: Timothy J. Cruikshank, City Manager 8 EXHIBIT A SCOPE OF WORK 1. Work. The Work shall include all labor and equipment necessary to install a 24-inch gate valve and other potable water distribution components as necessary. The Work shall include, but not limited to, supplying temporary water; excavation; installation of new gate valve; and backfill and compact the excavated trench. The City shall be responsible for saw-cutting, bituminous, and concrete repair, turf restoration, and trucking. The excavation shall include the removal of bituminous, adjusting new valve box to within 1/4 inch below top of wear course grade, and installation and compaction of 6-inches of Class 5 per City of Golden Valley Standard Details herein Exhibit C. The City shall furnish new gate valve, parts, and bolts. Newly installed bolts shall be sprayed with an approved automobile undercoating agent after installation and wrap entire valve assembly in plastic. All bolts on the valve shall be replaced,including the bolts that connect the valve to the existing pipe material. All bolts and nuts used for this project shall be stainless steel or"Core Blue"as approved by the Authorized Agent. 2. Schedule.The Work shall commence May 18, 2022 and conclude July 1, 2022. 3. Location. The Location Map herein Exhibit A identifies the location of the gate valve installation. The location of the new valve shall be on St. Croix Avenue north, 130 feet west of the existing valve on Constance Drive East. , W - c� au �v��rrrrJr��,zY� 44/ f +rrm" v Y 1 IV R� fr44 N"' EXHIBIT B SPECIAL CONDITIONS 1. Responsible Contractor Certification.Contractor and subcontractor(s)shall be a"responsible contractor" as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements,will not be a"responsible contractor"and will be ineligible to perform the Work. Contractor and subcontractor(s) are that make a false statement verifying compliance with any of the minimum criteria shall result in the termination of this Agreement. 2. Pre-Construction Meeting. Prior to the beginning of construction operations, a pre-construction meeting shall be held, and shall be attended by the authorized representatives of the City and persons of the contracting company who will have direct responsibility for workmanship and/or materials used on the project. The conference will disclose all aspects for execution and schedule of the Work. Agreement on any and all questionable measurements, materials, methods or other matters shall be made at this conference. Contractor shall submit the following at the pre-construction meeting: A. Critical path phasing plan and schedule, which details all controlling operations. This shall be submitted a minimum of three (3) days before the pre-construction meeting. B. General project contact information including emergency contacts. C. Traffic Control plan. 3. Safety Precautions and Accident Prevention.The Contractor shall observe and comply with all requirements to the safety of the workforce to be employed on the project. Contractor shall comply with all safety measures recommended and required by any governmental agency, including the Department of Labor and Industry, Division of Accident Prevention of the Industrial Commission of Minnesota, and with the requirements of the Workmen's Compensation Act and any amendments thereof. Attention is called to the other paragraphs of these Special Conditions covering safety precautions and accident prevention. The Contractor shall be responsible for all safety issues on this project. The Contractor shall comply with instructions from the City for implementing any additional requirements for safety concerns. 4. Permits and Licenses. Contractor shall procure all permits and licenses as required, pay all charges and fees and give all notices necessary and incidental to the due and lawful prosecution of the Work. 5. Locating Utilities. Contractor shall obtain field locations or other assistance as may be required to determine the existence and location of gas mains and other private utilities, as well as, public utilities of the City, County or State, which may be underground or overhead within street and highway rights-of-way or within easements and which may be interfered with by the Work prior to the Work. Existing underground, surface or overhead structures are not necessarily shown on the Plans; and those shown are only correct to the level of accuracy permitted by the locations both from field located and record drawings, established by the utility owners. The City does not assume any responsibility for the accuracy of the disclosed locations. Contractor shall be responsible for all verifying all utility location by contacting Gopher State One-Call (651.454.0002) prior to beginning the Work. Contractor shall also make such investigations as are necessary to determine the extent to which existing structures may interfere with the Work. Contractor shall not claim or be entitled to receive compensation for any damages sustained by reason of the inaccuracy of the omission of any of the information given relative to the surface, overhead or underground structures or by reason of Contractor's failure to properly protect and maintain such structures. 6. Utility Conflicts. Contractor shall coordinate its efforts with private utility companies so the Work can be done in a timely manner. Contractor shall schedule or redirect its Work to ensure that utility company relocates, installations, and/or removals do not impede progress of the Work. Contractor waives claims for any and all costs or damages due to alleged delay, disruption, or acceleration; and releases the City from any such claims, to the extent the claim is due to the failure of any private utility with facilities affected by the Work to promptly relocate, remove,or adjust such facilities. It is anticipated that some facilities will be in conflict with the work on this project that Contractor will be expected to guard and protect these facilities. No claims for extra compensation to perform the Work are due to conflicts with in-place utilities shall be considered. Likewise, no claim for delays due to conflicts with in-place utilities shall be considered. 7. Mobilization (2021). Mobilization shall be included in the lump sum for all aspects of work and shall include mobilization to the area identified in the Location Map herein Exhibit A. 8. DOT Compliance.All of Contractor's drivers performing work for the City must be in compliance with DOT requirements related to holding a Commercial Driver's License(CDL). Contractor shall be responsible for ensuring its own compliance with all applicable DOT regulations and requirements, including but not limited to DOT regulations related to drug testing and the maintenance of drug testing records. Contractor shall indemnify and hold harmless the City for any fines incurred as a result of Contractor's failure to comply with DOT requirements as set forth above. It shall be Contractor's responsibility to comply and provide evidence to the City of DOT compliance upon request. 9. Hours of Operation. Work shall occur Monday through Friday from 7:00 a.m. to 7:00 p.m., excluding holidays. On streets designated as high-volume or County roadways, Contractor's Work shall be restricted to the hours of 9:00 a.m. to 3:30 p.m., or after 6:00 p.m. for any Work within the traveled portion of the roadway. High Volume Roadways A. Betty Crocker Boulevard between US 169 and General Mills Blvd B. Boone Avenue North between TH 55 and Plymouth Ave C. General Mills Boulevard between Wayzata Blvd and TH 55 D. Golden Hills Drive between Wayzata Blvd and Turners Crossroad E. Golden Valley Road between Boone Avenue and Douglas Drive F. Laurel Avenue between Winnetka Avenue and Xenia Avenue G. Louisiana Avenue South between Laurel Avenue and I-394 H. Noble Avenue North between Golden Valley Road and 34th Ave N I. North and South Frontage Roads of I-394 J. Olympia Street between Winnetka Avenue and Douglas Drive K. Plymouth Avenue between US 169 and Winnetka Avenue L. Regent Avenue North between Duluth Street and 34th Ave N M. Rhode Island Avenue between 10th Avenue and TH 55 N. Wayzata Boulevard all portions in Golden Valley City Limits O. Winnetka Avenue between TH 55 and 1-394 P. Xenia Avenue South between Glenwood Avenue and 1-394 Q. Zenith Avenue North between 261h Ave N and Theodore Wirth Pkwy County Roadways A. Douglas Drive North B. Duluth Street between Douglas Drive North and Regent Avenue North C. Glenwood Avenue between TH 55 and Theodore Wirth Parkway D. Golden Valley Road between Regent Avenue North and Xerxes Avenue North E. Medicine Lake Road between TH 169 and Douglas Drive North F. Winnetka Avenue North between TH 55 and Medicine Lake Road 10. Noise Elimination. The Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the manufacturer. 11. Care of Work. All work under this contract shall be accomplished with reasonable care and minimal damage to affected properties. The Contractor shall provide quality cleanup after removal and repair of any damage done by the Contractor's equipment. 12. Traffic Control and Maintenance (2563). Contractor shall maintain traffic at all times while performing the Work in accordance with the current Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) Field Manual and its supplements, or as deemed necessary by the Engineer, when the Work occurs on or adjacent to any street, alley or public place. Contractor shall provide, under the traffic control item, all construction signage and traffic control devices for the protection of persons, property and the Work. Contractor shall be responsible for maintaining traffic control devices during the Work. In the event that the City must install additional signs for traffic control for safety purposes,the cost for such measures shall be billed to Contractor or withheld from monies due. The Contractor shall be held responsible for all damaged from failure to protect the work zone. When single lane traffic is necessary, flagmen must be provided to direct traffic. Contractor shall provide certifications of all flagmen that will be working on this project. 13. Manual References.The Specifications which apply to the Work shown in the Plans shall be as follows: A. Special Conditions herein Exhibit A, B, and C. B. Standard Utilities Specifications for Watermain and Service Line Installation, Sanitary Sewer and Storm Sewer Installation, and Trench Excavation and Backfill/Surface Restoration, Revised 2013, as prepared by the City Engineers Association of Minnesota (CEAM) and published by the League of Minnesota Cities, St. Paul, Minnesota, except as modified or supplemented in these Special Conditions. The Standard Utilities Specifications are available from the Minnesota Society of Professional Engineers by calling 651.292.8860, or from the CEAM website at http://ceam.org/. C. The most current edition of the Minnesota Manual on Uniform Traffic Control Devices and its supplements. D. Division 1, 1507 (Utility Property and Service) and Division 1, 1512 (Unacceptable and unauthorized work) of the Minnesota Department of Highways Standard Specification for Construction, 2020 Edition and its supplements, shall apply, except as modified or supplemented herein. E. Division II (Construction Details) and Division III (Materials) of the Minnesota Department of Highways Standard Specification for Construction, 2020 Edition and its supplements, shall apply, except as modified or supplemented herein. 14. Tree and Landscape Preservation. Contractor shall protect existing trees and shrubbery that may be impacted by the Work, including but not limited to, cutting, breaking, or shredding of roots; wounding or scraping of trunks and branches;smothering of root systems by stockpiling of construction materials or excavated materials within their drip lines; excess foot or vehicular traffic; or parking of vehicles within their drip lines. All branches that have been damaged by Contractor shall be properly trimmed in accordance with National Arboriculture Standards by the end of the workday. Contractor shall have on-site an approved wound dressing to be applied to freshly cut branch ends immediately (within 10 minutes) after damage to prevent Emerald Ash Borer disease. Contractor shall also notify the Engineer immediately of any damaged branches. When excavating near trees, Contractor shall cut cleanly back to the soil line,all exposed,shredded or torn roots greater than 1-%" in diameter, with proper pruning equipment. The cost to cut roots shall be incidental for which there shall be no direct compensation. When excavating or sloping within fifteen (15)feet of any tree,Contractor shall coordinate all such efforts with the Assistant City Forester. Standard excavation procedures may need to be modified for large trees that have their trunks closer than five (5) feet from the excavation or sloping limits. Contractor shall be required to provide protection to all exposed oak tree roots that are cut prior to July 1. Contractor shall have on-site an approved wound dressing to be applied to freshly cut root ends immediately(within 10 minutes) after excavation to prevent oak wilt infection. Wound dressing will not be permitted for any other situation other than oaks or ashes damaged by construction before July 1. Contractor shall coordinate all such work with the Assistant City Forester. 15. Sanitary Provisions. Contractor shall observe and comply with all laws, rules, and regulations of the State and Local Health Authorities. In the event of a sewage release, Contractor shall immediately notify the State of Minnesota Duty Officer at the Department of Public Safety at 651.649.5451 and the City Engineer at 763.593.8030. The Duty Officer will instruct Contractor on any further notification procedures. Contractor shall also take immediate action to prevent sewage from entering any water body or storm sewer by directing any such sewage flow into the existing sanitary sewer system. 16. Measurement and Payment. Payment for all items for this project shall be by lump sum. No claims for extra compensation due to increased or decreased quantities shall be considered. Contractor shall submit all final quantities to the City within one month after completion of the Work. 17. Contract Extension. Contractor shall perform fully, entirely, and in an acceptable manner,the Work contracted for within the time stated herein Exhibit A. Contractor shall, not less than ten (10) days prior to said date, make written request to the City for an extension of time for completion, setting forth fully in its request the reasons which Contractor believes justify the granting of the request. If the City finds that the Work has been delayed on account of unusual conditions beyond the control of Contractor, or the quantities of the Work done or to be done are in excess of the Contract quantities in sufficient amount to warrant additional time;the City may, in its sole discretion, grant an extension of time for the completion to such date as may seem reasonable and proper. In case such extension is not granted, the right to proceed with the Work may be considered as forfeited as of the Contract Time, including all agreed upon adjustments, and the City, without violating the Contract, may proceed immediately to take over the Work, materials and equipment and make final settlement of costs incurred, except that it shall not be necessary to give Contractor written ten (10) days' notice for such forfeiture. EXHIBIT CITY OFGOLDEN VALLEY STANDARD DETAILS EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting May 17, 2022 Agenda Item 3. E. 3. Greenway Villas Public Improvement Project No. 22-14 A. Award Construction Contract B. Approve Professional Services Agreement with Short Elliot Hendrickson, Inc. for Construction Services Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, PE, Assistant City Engineer Summary The Greenway Villas Redevelopment Project, located on the northwest corner of the Golden Valley Country Club property, was approved at the April 5, 2022, City Council meeting. The associated public improvement project was advertised for bids in April. Bids for the Greenway Villas Public Improvement City Project 22-14 were opened virtually on May 5, 2022. The following bids were received: Contractor Base Bid Schneider Excavating and Grading $414,754.25 New Look Contracting $452,780.52 Northdale Construction $462,433.21 Low Bid: Schneider Excavating and Grading: $414,754.25 Staff reviewed the bids and found them to be accurate and in order. Staff recommends awarding the Contract to Schneider Excavating and Grading for the base bid amount of$414,754.25. Construction Observation and Engineering Services In addition to the construction contract, staff has received a proposal from the consulting engineering firm of Short Elliott Hendrickson, Inc. (SEH), dated March 29, 2022, for construction observation on the Greenway Villas Public Improvement project. The proposal includes a not-to-exceed amount of $37,700. Financial Or budget Considerations The public improvements will be funded 100% by the developer. The developer has deposited approximately 125% of the construction costs associated with the public improvements that the City will draw from to fund the project. Any remaining deposit will be returned to the developer. City Council Regular Meeting Executive Summary 2 City of Golden Valley May 17, 2022 It is expected that the developer will begin construction of the private improvements early summer, with public improvements to begin mid to late summer. The public improvements will be completed by fall 2022. Recommended Action • Motion to authorize the Mayor and City Manager to execute a construction agreement with Schneider Excavating and Grading in the form approved by the City Attorney for the Greenway Villas Public Improvement Project No. 22-14 in the amount of$414,754.25. • Motion to authorize the Mayor and City Manager to execute a professional services agreement with Short Elliot Hendrickson, Inc. (SEH) in the form approved by the City Attorney for construction services on the Greenway Villas Public Improvement Project, for an amount not to exceed $37,700. Supporting Documents • Contract with Schneider Excavating and Grading (3 pages) • Professional Services Agreement with SEH (15 pages) CONTRACT NO. 22-14 AGREEMENT FOR THE GREENWAY VILLAS PUBLIC IMPROVEMENT PROJECT NO. 22-14 THIS AGREEMENT (this "Agreement"), entered into the 17t" day of May 2022 between the City of Golden Valley (the "City"), a municipal corporation, existing under the laws of the State of Minnesota, and Schneider Excavating and Grading, Incorporated a Minnesota corporation, under the laws of Minnesota ("Contractor"). ARTICLE 1. The Contract Documents. The Contract Documents consist of: this Agreement, the Proposal and Bid of the Contractor, the Contractor's Bonds, the General Conditions, Special Conditions and any supplementary conditions, drawings, plans, Specifications, addenda issued prior to execution of this Agreement, other documents listed herein or in any of the foregoing documents, and Modifications of the same issued after execution of this Agreement (collectively the "Contract" or "Contract Documents"). A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Engineer. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: 1 . Modifications to the Contract 2. This Agreement 3. Special Conditions 4. General Conditions Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 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 Greenway Villas Public Improvement Project (22-14) (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. FC - 1 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 $4,459,527.18, subject to additions and deductions as provided in the Contract Documents. Installment payments, if any, on account of the Work shall be made in accordance with the provisions of the General Conditions. Final payment shall be due and payable on or before thirty (30) days after issuance of a Certificate of Final Completion issued by the City Engineer confirming that the Work has been fully completed and Contractor's obligations fully performed by Contractor. ARTICLE 4. Contractor's Bonds. Contractor shall make, execute and deliver to the City corporate surety bonds in a form approved by the City, in the sum of $4,459,527.18 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 Schneider Excavating and Grading, Inc., 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 Special Assessment contingency has not been met; (3) the City is unable to adequately fund payment for the Contract because of changes in state fiscal policy, regulations or law; or (4) after finding that, for reasons beyond Contractor's control, 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. FC -2 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 FC - 3 PROFESSIONAL SERVICES AGREEMENT GREENWAY VILLAS DEVELOPMENT CONSTRUCTION OBSERVATION SERVICES THIS AGREEMENT is made this 171h day of May 2022 ("Effective Date") by and between Short Elliott Hendrickson, Incorporated a Minnesota company with its principal office at 3535 Vadnais Center Drive, St. Paul, Minnesota 55110-5196 ("Consultant"), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the"City"): RECITALS A. Consultant is engaged in the business of providing professional engineering consulting services. B. The City desires to hire Consultant to provide concept plan development services for the 2022 Greenway Villas Development Project#22-14. C. Consultant represents that it has the professional expertise and capabilities to provide the City with the requested professional services. D. The City desires to engage Consultant to provide the services described in this Agreement and Consultant is willing to provide such services on the terms and conditions in this Agreement. NOW,THEREFORE, in consideration of the terms and conditions expressed in this Agreement,the City and Consultant agree as follows: AGREEMENT 1. Services. Consultant agrees to provide the City with professional consulting services as described in the attached Exhibit A (the "Services"). Exhibit A shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. 2. Time for Completion. The Services shall be completed on or before December 31, 2022, provided that the parties may extend the stated deadline upon mutual written agreement. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Consultant for the Services on an hourly basis according to Consultant's fee schedule, attached hereto as Exhibit B. Consultant's total compensation for the Services shall not exceed $37,700. The consideration shall be for both the Services performed by Consultant and the expenses incurred by Consultant in performing the Services. The City shall make progress payments to Consultant on a monthly basis. Consultant shall submit statements to the City containing a detailed list of project labor and hours, rates,titles, and amounts undertaken by Consultant during the relevant billing period. The City shall pay Consultant within thirty (30) days after Consultant's statements are submitted. 4. Expense Reimbursement. Consultant shall not be compensated separately for necessary incidental expenses.All expenses of Consultant shall be built into Consultant's hourly compensation rate, 1 unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 5. Approvals. Consultant shall secure the City's written approval before making any expenditures, purchases, or commitments on the City's behalf beyond those listed in the Services. The City's approval may be provided via electronic mail. 6. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty(30) days' written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Consultant's failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Consultant for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 7. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 8. Remedies. In the event of a termination of this Agreement by the City because of a breach by Consultant, the City may complete the Services either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Consultant's breach. 9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that the books, records, documents, and accounting procedures and practices of Consultant, that are relevant to this Agreement or transaction,are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Consultant shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 10. Indemnification. To the fullest extent permitted by law, Consultant, and Consultant's successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents,volunteers, and employees from any and all claims; lawsuits;causes of actions of any kind, nature, or character;damages; losses; and costs,disbursements,and expenses of defending the same,including but not limited to attorneys' fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Consultant's (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement,or caused in whole or in part by any negligent act or omission or willful misconduct by Consultant, or arising out of Consultant's failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation of liability to 2 which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 11. Insurance. Consultant shall maintain reasonable insurance coverage throughout this Agreement. Consultant agrees that before any work related to the approved project can be performed, Consultant shall maintain at a minimum: Workers' Compensation and Employers' Liability 1. Coverage A: Per State Statute 2. Coverage B: $500,000 Each Accident $500,000 Disease—Policy Limit $500,000 Disease—Each Employee Commercial General Liability 1. $2,000,000 General Aggregate 2. $2,000,000 Products—Completed Operations Aggregate 3. $1,000,000 Each Occurrence 4. $1,000,000 Personal Injury Commercial Automobile Liability 1. $1,000,000 Combined Single Limit Bodily Injury and Property Damage The Commercial Automobile Liability shall provide coverage for the following automobiles: 1. All Owned Automobiles 2. All Non-Owned Automobiles 3. All Hired Automobiles Umbrella Liability 1. $10,000,000 Each Claim $10,000,000 Annual Aggregate 2. The Umbrella Liability provides excess limits for the Commercial General Liability, Employers' Liability, and Commercial Automobile Liability policies. Professional and Pollution Incident Liability Professional Liability insurance including Pollution Incident Liability coverage with limits of not less than $5,000,000 Per Claim/$5,000,000 Annual Aggregate. Consultant shall provide the City with a current certificate of insurance including the following language: "The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages."Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days written notice is provided to the City, or 10 days written notice in the case of non-payment. 3 12. Subcontracting. Neither the City nor Consultant shall assign or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in this Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Consultant from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this Agreement. Any instrument in violation of this provision is null and void. 13. Assignment. Neither the City nor Consultant shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party's prior written consent. Any assignment in violation of this provision is null and void. 14. Independent Contractor. Consultant is an independent contractor. Consultant's duties shall be performed with the understanding that Consultant has special expertise as to the services which Consultant is to perform and is customarily engaged in the independent performance of the same or similar services for others. Consultant shall provide or contract for all required equipment and personnel. Consultant shall control the manner in which the services are performed; however, the nature of the Services and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Consultant is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All services provided by Consultant pursuant to this Agreement shall be provided by Consultant as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 15. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to provide the Services. Consultant's guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City's policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City's Tobacco, Drug,and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Consultant agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 16. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall constitute the entire agreement between the City and Consultant, and supersedes any other written or oral agreements between the City and Consultant. This Agreement may only be modified in a writing signed by the City and Consultant. If there is any conflict between the terms of this Agreement and the referenced or attached items, the terms of this Agreement shall prevail. If there is any conflict between this Agreement and Exhibits A or B, the terms of this Agreement shall prevail. 17. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 4 18. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 19. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and appearances of impropriety in its representation of the City. In the event of a conflict of interest, Consultant shall advise the City and either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Services. 20. Work Products and Ownership of Documents. All records, information, materials, and work product, including, but not limited to the completed reports, data collected from or created by the City or the City's employees or agents, raw market data, survey data, market analysis data, and any other data, work product,or reports prepared or developed in connection with the provision of the Services pursuant to this Agreement shall become the property of the City, but Consultant may retain reproductions of such records, information, materials and work product. Regardless of when such information was provided or created, Consultant agrees that it will not disclose for any purpose any information Consultant has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or interests in any intellectual property created by Consultant prior to the effective date of this Agreement; however, to the extent Consultant generates reports or recommendations for the City using proprietary processes or formulas, Consultant shall provide the City (1) factual support for such reports and recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the recommendation; and (3)a detailed explanation of the rationale behind the methodology used. All of the obligations in this paragraph shall survive the completion or termination of this Agreement. 21. Agreement Not Exclusive. The City retains the right to hire other professional service providers for this or other matters, in the City's sole discretion. 22. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant, created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes,Chapter 13. Consultant agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Consultant to provide access to public data to the public if the public data are available from the City,except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 23. No Discrimination. Consultant agrees not to discriminate in providing products and services under this Agreement on the basis of race,color,sex,creed, national origin,disability,age,sexual orientation,status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Consultant agrees to comply with Americans with Disabilities Act as amended ("ADA"), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes,Chapter 363A.Consultant agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys' fees and staff time, in any action or proceeding brought alleging a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Consultant shall provide 5 accommodation to allow individuals with disabilities to participate in all Services under this Agreement. Consultant agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 24. Authorized Agents. The City's authorized agent for purposes of administration of this contract is Jeff Oliver, City Engineer, or designee. Consultant's authorized agent for purposes of administration of this contract is Jen Koehler, or designee who shall perform or supervise the performance of all Services. 25. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONSULTANT THE CITY Short Elliott Hendrickson, Inc. City of Golden Valley 3535 Vadnais Center Drive ATTN: R.J. Kakach St. Paul, MN 55110-5196 7800 Golden Valley Road Golden Valley, MN 55437 rkakach@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 26. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 27. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 28. Payment of Subcontractors.Consultant agrees that it must pay any subcontractor within 10 days of the prime contractor's receipt of payment from the municipality for undisputed Services provided by the subcontractor. Consultant agrees that it must pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is$10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorneys' fees, incurred in bringing the action. 29. Publicity. At the City's request, the City and Consultant shall develop language to use when discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Consultant shall not use the City's logo or state that the City endorses its services without the City's advanced written approval. 30. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 6 31. Signatory. Each person executing this Agreement("Signatory") represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Consultant did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Consultant, described in this Agreement, personally. 32. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format ("pdf") and signatures appearing on electronic mail instruments shall be treated as original signatures. 33. Recitals. The City and Consultant agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. SHORT ELLIOTT HENDRICKSON INC. CITY OF GOLDEN VALLEY: By: By: Shepard M. Harris, Mayor Name: Title: By: Timothy J. Cruikshank, City Manager 7 EXHIBIT A SCOPE OF SERVICES 8 EXHIBIT B -A® SEH Building a Better World for All of Us March 29, 2022 RE: City of Golden Valley Greenway Villas Development Construction Observation Services SEH No. GOLDV 117608 14.00 Mr. Jeff Oliver City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427-4588 Dear Mr. Oliver: Thank you for the opportunity to assist the City of Golden Valley (City) in providing engineering services for the observation of public improvement installations in the proposed Greenway Villas Development project area. The City is requesting a scope of work from Short Elliott Hendrickson (SEH°) to provide construction observation services of the public improvements which were designed by the developer's engineer. This letter serves as the Scope of Services for the Agreement for Professional Services for the Greenway Villas Development Project between the City of Golden Valley and SEH. BACKGROUND The proposed project area is located in the northwest corner of the Golden Valley Country Club parcel, adjacent to the southeast quadrant of the Pennsylvania Avenue North/Plymouth Avenue North intersection. Proposed public improvements include new street construction and new utility installations in order to serve the planned 7-lot residential development. SCOPE OF WORK SEH will provide a Resident Project Representative (RPR)to perform full-time observation services for the public improvements, including attendance at the pre-construction meeting, and shop drawing reviews. Six weeks of full-time observation are assumed, but actual time spent will be dependent on the Contractor's schedule and weather. It is also assumed that construction staking requests will be coordinated by the Contractor. SEH will furnish the City with post-construction field notes for the City's use in preparing the record drawings. PROJECT TEAM Robb Stevenson will serve as the RPR for observation of the public improvements. SCHEDULE We understand construction will likely begin during the summer of 2022 and assume that all public improvements will be completed during the 2022 construction season. Engineers I Architects I Planners I Scientists Short Elliott Hendrickson Inc.,3535 Vadnais Center Drive,St.Paul,MN 55110-3507 651.490.2000 1 800.325.2055 1 888.908.8166 fax I sehinc.com SEH is 100%employee-owned I Affirmative Action—Equal Opportunity Employer Mr. Jeff Oliver March 29, 2022 Page 2 COMPENSATION SEH proposes to be compensated for the scope of work proposed in the Agreement on an hourly basis. Compensation will be based on the hourly cost of personnel plus reimbursable expenses, including mileage and personal vehicle allowance. Additional services required beyond the tasks and estimated hours as described can be negotiated or provided as extra work on an hourly basis. We have estimated the fee for providing the services included in our proposal to be $37,700. Anticipated tasks, hours, expenses and assumptions are included in the attached work task breakdown. The City of Golden Valley will be invoiced for actual labor and reimbursable expenses incurred by SEH to complete the work. This proposal summarizes our understanding of the project to date. If this document satisfactorily sets forth your understanding of our agreement, please provide SEH a signed Professional Services Agreement for the project. We look forward to working with the City on this project, and appreciate the continued opportunity to provide support to the City of Golden Valley. Sincerely, SHORT ELLIOTTHEENDRICKSON INC.44��— JV Scott Haupt, PE (Lic. MN) Senior Project Manager sh Enclosure s:\fj\g\goldv\common\proposals\greenvway villas development\greenvway villas construction observation proposal_03-29-2022.docx Greenway Villas Development- Construction Observation Services Deliverables: Construction Observation & Record Plan Assistance Task Project Manager Sr.RPR Admin 1 Observation/Administration Project administration/design coordination 4 4 Shop drawing review/coordination 6 Attend Precon Meeting 2 On-site observation 300 Record plan assistance 4 Total hours 320 4 312 4 Project labor cost this phase $37,000 Equipment charges Mileage and Expenses $700 Total proiect cost this task $37,700 Assumptions: 1. Full time construction observation assumed for 6 weeks x 50 hours/week. Actual time spent will be dependent on contractor's schedule and weather. 2. Construction staking and record plan surveying will be performed by others. 3. Materials sampling& testing will performed by others. 4. Record plan assistance includes preparing field notes for the City's use in preparing Record Plans. 5. All services assumed to be performed during the 2022 construction season. 3/29/2022 9:55 AM S:\FJ\G\Goldv\Common\proposals\Greenway Villas Development\Greenway Villas Construction Observation Proposal_03-29-2022.xlsx SEH Hourly Billable Rates — 2022 Classification—Office Staff Billable Rate0) Principal $175 - $2 95 Project Manager $145 - $260 Senior Project Specialist $140 - $240 Project Specialist $105 -$190 Senior Professional Engineer 1 $120 -$195 Senior Professional Engineer 11 $145 -$245 Professional Engineer $110 -$180 Graduate Engineer $90 - $150 Senior Architect $130 -$230 Architect $115 - $165 Graduate Architect $90 - $120 Senior Landscape Architect $120 -$185 Landscape Architect $100 -$135 Graduate Landscape Architect $90 - $110 Senior Scientist $135 -$185 Scientist $95 - $150 Graduate Scientist $85 - $115 Senior Planner $135 -$230 Planner $105 - $165 Graduate Planner $95 - $130 Senior GIS Analyst $115 - $190 GIS Analyst $105 - $130 Project Design Leader $125 - $200 Lead Technician $110 - $185 Senior Technician $95 - $150 Technician $65 - $125 Graphic Designer $95 - $160 Administrative Professional $55 - $140 Classification— Field Staff Billable RateM Professional Land Surveyor $115 - $175 Lead Resident Project Representative $100 - $170 Sr. Project Representative $95 - $150 Project Representative $80 - $135 Survey Crew Chief $90 - $150 Survey Instrument Operator $60 - $105 (1) The actual rate charged is dependent upon the hourly rate of the employee assigned to the project. The rates shown are subject to change. Effective: January 1, 2022 Expires: December 31, 2022 -A. SEH Building a Better World for All of Us® SHORT ELLIOTT HENDRICKSON INC. SEH Schedule of Expenses — 2022 Vehicle Mileage Rates 2022 IRS Rate ...................................................................................TBD Vehicle Allowance Costs Resident Project Representative .............................................. $16.00/day Survey and Field Vehicle .............$4.50/hour+2022 IRS mileage rate/mile Survey Equipment Robotic Total Station ................................................................$30.00/hour Global Positioning System (GPS) ...........................................$30.00/hour Computer Equipment Computer Charges per Direct Hour of Labor ............................$3.00/hour Other Equipment Expenses SEH uses many different types of equipment, such as traffic counters; flow meters; air,water, and soil sampling kits; inspection cameras; density meters; 3-D printers; drones, and many others. Our equipment is frequently upgraded to utilize current technology. You will be charged for equipment usage per your agreement with SEH. Rates are subject to change. Identifiable Reproduction and Reprographic Costs (1)(2) Item 8'hx11 11 x17 Large Format Per Item Black/White Co (3) 0.07 0.24 0.95+0.50/sq.ft. Color Co (3) 0.46 1.02 0.95+2.55/sq.ft. M lar 5.00 CD Copy 3.00 Lamination 2.00 3.50 3.50/s .ft. Laminated Foamcore —up to 30"x 42" 40.00 —larger than 40"x 60" 75.00 3-Ring Binder size ill 2" 3" 4" cost 3.20 4.80 5.60 7.24 Machine Folding 0.02 Binding wire 3.60 comb 3.20 Covers custom 0.15 blank 0.03 Tabs white 0.20 Mailing/Processing Mailing/Processing UPS or USPS rates M prices include operator time (2)prices denote single-sided printing (3)standard stock, white paper used for pricing Prices are subject to change and may not be accompanied by immediate notification. /�/ l ® SEH Building a Better World for All of Us® SHORT ELLIOTT HENDRICKSON INC. SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting May 17, 2022 Agenda Item 3. E. 4. Award Glenwood Avenue Watermain Rehabilitation Project No. 21-06 Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, PE, Assistant City Engineer Summary In December of 2021, the City Council authorized a contract with Bolton and Menk, Incorporated for design and construction services on the Glenwood Avenue Watermain Rehabilitation Project No. 21- 06. The project includes Cured In Place Pipe (CIPP) lining approximately 3,000 feet of 8-inch watermain pipe in Glenwood Avenue. The project was advertised for bids in April. Bids for the Glenwood Avenue Watermain Rehabilitation Project No. 21-06 were opened virtually on May 5, 2022. The following bids were received: Contractor Base Bid Fer-Pal Construction $1,194,410.00 Michels Corporation $1,285,324.20 Low Bid: Fer-Pal Construction: $1,194,410 Staff reviewed the bids and found them to be accurate and in order. Staff recommends awarding the Contract to Fer-Pal Construction for the base bid amount of$1,194,410.00. Construction is expected to begin in June and be completed by October 2022. Financial Or budget Considerations Anticipated funding for construction is included in the 2022 Water and Sanitary Sewer CIP Program (W&SS-109) in the amount of$1,500,000, $150,000 of which is part of the Bolton and Menk contract. City Council Regular Meeting Executive Summary 2 City of Golden Valley May 17, 2022 Recommended Actions Motion to authorize the Mayor and City Manager to execute a construction agreement with Fer-Pal Construction in the form approved by the City Attorney for the Glenwood Avenue Watermain Rehabilitation Project No. 21-06 in the amount of$1,194,410. Support Documents • Location map (1 page) • Contract with Fer-Pal Construction (3 pages) Illl oSla` � i Q t C ilo 0 N Schaper z Glenwo Country Clue a» � N' Frontage Rd N Frontage L ° °a,qL �\011 - Q; ID Highway 55 I Olson Memorial Highway g 5� �Q5 Frontage Rd Valley- wood 4, �'� S Fronta, e Rd Y w L Cir ��, a�erl 9 55 Kyngston Cir eV Z .� p ��'�- �, r 5� • U ¢D Woodstock Haro/a Q r� ,� Woodstock.Ave `� ' Ave ° �estG ti ° ° Harold Ave q� o m �'�• a) Loring a Clove�� 2r Dr ' ,p y meander ° �h z 0 Z Site Ke h r` a� z a' Q a�5 4�� ` r ¢ C > ��` ,Q c`o Yo Se L 1 c� m m ss 4 '� fife V 1— hr �, ¢ � Paisley 100 n Ln Garden 0 Z E Q Park Western Ave = m Glenwood Ave a°�`� a�i ads Co�f _ co /Co Rd 40 O Q Q Q ¢. Q C�,Nn "� Q � Q = m Turn Cury Laurel - � ' o Cortlawn Cir S x Y gG z cu ° Y U 0) ° ° Colonia/ Laurel Pt Colonial Rd w m r O o `z Laurel Ave � --�° Laur ! ve 0 a� U) o �, �� Turnpike o0 Q -0 z sSon Rd < Market St U) Q �a o Q' r Rd ro ° � �� U Golden Hills Dr Q �o Circle Down ai _ oq, a ° Wayza f � Alley IL a Blvd�s r •--•--•-•• -;- -•---------•--•--•-••-• - - -•------------------- - - - - ....... Interstate-394 1 Highway 12 Project Location CONTRACT NO. 21-06 AGREEMENT FOR THE GLENWOOD AVENUE WATERMAIN IMPROVEMENTS PROJECT NO. 21-06 THIS AGREEMENT (this "Agreement"), entered into the 17th day of May 2022 between the City of Golden Valley (the "City"), a municipal corporation, existing under the laws of the State of Minnesota, and Fer-Pal Construction USA LLC a corporation underthe laws of Minnesota ("Contractor"). ARTICLE 1. The Contract Documents. The Contract Documents consist of: this Agreement, the Proposal and Bid of the Contractor, the Contractor's Bonds, the General Conditions, Special Conditions and any supplementary conditions, drawings, plans, Specifications, addenda issued prior to execution of this Agreement, other documents listed herein or in any of the foregoing documents, and Modifications of the same issued after execution of this Agreement (collectively the "Contract" or "Contract Documents"). A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Engineer. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: 1 . Modifications to the Contract 2. This Agreement 3. Special Conditions 4. General Conditions Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 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 Glenwood Avenue Watermain Improvements (21-06) (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. FC - 1 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 $1,194,410 subject to additions and deductions as provided in the Contract Documents. Installment payments, if any, on account of the Work shall be made in accordance with the provisions of the General Conditions. Final payment shall be due and payable on or before thirty (30) days after issuance of a Certificate of Final Completion issued by the City Engineer confirming that the Work has been fully completed and Contractor's obligations fully performed by Contractor. ARTICLE 4. Contractor's Bonds. Contractor shall make, execute and deliver to the City corporate surety bonds in a form approved by the City, in the sum of$1 ,194,410 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 Fer-Pal Constriction, and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. Cancellation Prior to Execution. The City reserves the right, without liability, to cancel the award of the Contract at any time before the execution of the Contract by all parties. ARTICLE 9. Special Assessment Contingency. Not applicable. ARTICLE 10. Termination. The City may by written notice terminate the Contract, or any portion thereof, when (1) it is deemed in the best public, state or national interest to do so; (2) the Special Assessment contingency has not been met; (3) the City is unable to adequately fund payment for the Contract because of changes in state fiscal policy, regulations or law; or (4) after finding that, for reasons beyond Contractor's control, 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 FC -2 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: FER-PAL CONSTRUCTION BY ITS FC -3 &' EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting May 17, 2022 Agenda Item 3. E. 5. Authorize Bassett Creek Watershed Management Commission Intern Agreement Prepared By Eric Eckman, Environmental Resources Supervisor Maria Cisneros, City Attorney Summary The Bassett Creek Watershed Management Commission (BCWMC) approached its member cities with an opportunity to host a BCWMC paid intern in summer 2022. The intern is a student enrolled at the Dougherty Family College, a post-secondary institution within the University of St. Thomas. "Dougherty Family College provides students with the academic, personal and financial support to earn an associate degree and a clear pathway to achieve a four-year college degree." According to the college website, approximately 95% of students are students of color and 73% are first generation college students. Golden Valley staff recognized the importance of this opportunity and its alignment with the City's equity goals, and offered to host the BCWMC Intern. Although the intern will work for the BCWMC, the City will provide the following support: • a work location at Golden Valley City Hall, including a desk and standard office supplies, but not including a computer or mobile phone • access to City staff for routine assistance and mentorship • provide shadowing and mentoring to intern as permitted • assign intern tasks, subject to their availability in light of BCWMC tasks which take priority Staff is confident it has the resources to make this a successful and fulfilling experience for all involved. Financial or Budget Considerations None. City Council Regular Meeting Executive Summary 2 City of Golden Valley May 17, 2022 Recommended Actions Motion to Authorize the City Manager to enter into an Agreement with Bassett Creek Watershed Management Commission for an internship in a form approved by the City Attorney. Supporting Documents Internship Agreement (4 pages) INTERNSHIP AGREEMENT THIS INTERNSHIP AGREEMENT ("Agreement") is made effective as of the 17th day of May, 2022, by and between the Bassett Creek Watershed Management Commission, a Minnesota joint powers organization (the "Commission"), the City of Golden Valley, a Minnesota municipal corporation (the "City"), and an individual person (the "Intern"). WHEREAS, the Intern is a student enrolled at the Dougherty Family College, a post- secondary institution within the University of St. Thomas; and WHEREAS, the Intern desires a summer internship to perform certain Commission tasks, including special projects, research, and receipt of mentoring; and WHEREAS, the Commission likewise seeks to hire a summer intern for approximately 12 weeks to perform such tasks, as further detailed in this Agreement, although it lacks office space for an intern; and WHEREAS, the City is a member city of the Commission and has available office space and other resources for an intern, and also may have tasks that an intern could perform. NOW, THEREFORE, in consideration of the covenants herein provided, the Commission, the City, and the Intern agree as follows: 1. INTERNSHIP. For a period of approximately 12 weeks, the Commission agrees to professionally engage with the Intern, and the Intern agrees to professionally engage with the Commission, all in accordance with the terms provided herein. The Commission will provide Intern with an orientation that will include an overview regarding all general responsibilities, Commission operations, policies and procedures, and general expectations of the Intern during the period of internship. The Commission will also assign and supervise the Intern's completion of tasks and responsibilities, provide regular opportunities for shadowing and mentoring, provide feedback, and compensate Intern for services in accordance with section 3 of this Agreement. 2. INTERN SCOPE OF SERVICES: For a 12-week period starting on or about June 1 , 2022, the Intern will work an average of three (3) days per week and six (6) hours each of those days (approximately 18 hours per week). Intern's schedule is subject to adjustment based on the mutual agreement of the parties. In general, Intern will adhere to and perform the following: • Adhere to work hours, policies, procedures and rules governing professional staff behavior, as directed by Commission. • Maintain professional relationships with Commission and City employees, customers, and the public. BA295-1-793547.v2 • Prepare for and utilize opportunities of mentoring and learning offered by the Commission and the City. • Be consistent and punctual in the submission of work assignments. • Perform the assignments as prioritized and assigned by the Commission under this Agreement, together with such other services as may be assigned by the Commission or the City from time to time, all of which may include: o Assistance with outreach and engagement in diverse communities to gather input for use in developing the Commission's 2025 Watershed Management Plan — including attending community events, corresponding with community leaders, engaging with the public, presenting to groups, proctoring surveys, etc.; o Take photos of Commission Capital Improvement Program (CIP) projects around the watershed; o Write social media posts or newsletter/newspaper articles; o Pick up water samples from CAMP volunteers and deliver to Nine Mile Creek Watershed District office; o Review BCWMC website and suggest updates or changes; assist with overhaul of online "document library"; o Create database of CIP projects; o Collect maintenance records and/or city records/notes on maintenance of CIP projects; and o Reformat annual report. 3. INTERN COMPENSATION; RELATIONSHIP. Intern will be paid by the Commission at the rate of $18.00 per hour for services provided. Intern will also be reimbursed for actual, reasonable and necessary out-of-pocket expenses including mileage at the federal rate, postage, photocopies, and printing. Other than mileage and pre- approved expenses, Intern is expected to provide transportation, a mobile phone, and laptop for their use and will not be compensated for these items. Intern understands and agrees that Intern's engagement with Commission is short-term and "at-will", and other than payment of wages and reimbursable expenses, as provided above, Intern will not be eligible for any additional compensation or benefits, including, but certainly not limited to, paid leave, insurance contributions, retirement benefits. Neither the Commission or the City promise or guarantee any future engagement or employment opportunities with Intern. 4. CITY RESPONSIBILITIES. The City agrees to (i) provide a work location for Intern at Golden Valley City Hall, including a desk and standard office supplies as may be reasonably necessary, but not including a computer or mobile phone; (ii) provide access for Intern to City staff for routine assistance and mentorship; and (iii) provide shadowing and mentoring to Intern, as permitted; and (iv) assign Intern tasks subject to the availability of Intern in light of BCWMC tasks which take priority. City is not obligated to pay any compensation or reimbursement whatsoever to Intern. 5. TERM AND TERMINATION. This Agreement shall continue in effect until September 1, 2022 or twelve (12) weeks after the Intern begins services, whichever BA295-1-793547.v2 2 is later. Notwithstanding the foregoing, any party may terminate this Agreement with or without cause by providing at least 7 days' written notice to the other parties. Upon termination, the Intern will only be entitled to compensation and reimbursement from the Commission for activities performed through the date of termination. 6. AMENDMENTS; ASSIGNMENT. No amendments to this Agreement may be made except in writing signed by both parties. No assignment of this Agreement by any party shall be permitted without a prior written agreement from all parties hereto. 7. DATA PRACTICES AND RECORDS. All records, information, materials and other work product, in written, electronic, or any other form, developed in connection with providing services under this Agreement shall be the exclusive property of the Commission. All such records shall be maintained with the records of the Commission and in accordance with the instructions of the Commission. Intern will comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. 8. CONFIDENTIALITY. Intern further agrees to keep confidential and not disclose to any person or entity any data or information furnished by the Commission that is marked in writing as confidential. 9. HOLD HARMLESS. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law. Minnesota Statutes Chapter 466 and other applicable law govern the liability of the Commission and the City. To the full extent permitted by law, this Agreement is intended to be and shall be construed as a "cooperative activity" between the Commission and the City and it is the intent of said parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, Subd. 1a (a); provided further that for purposes of that statute, said parties expressly decline responsibility for the acts or omissions of the other party. In addition to the foregoing, nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to any party, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. It is understood that while performing duties pursuant to this Agreement, Intern will be considered a covered party under the Commission's commercial liability insurance. 10. APPLICABLE LAW. The law of the State of Minnesota shall govern all interpretations of this Agreement, and the appropriate venue and jurisdiction for any litigation that may arise under this Agreement will be in and under those courts located within the County of Hennepin, State of Minnesota. All parties shall comply with all applicable federal, state and local laws, regulations or ordinances in performance of duties hereunder. [signatures to follow] BA295-1-793547.v2 3 WHEREUPON, the undersigned hereunder set their hands to this Agreement as of the day first above written. INTERN By: Date BASSETT CREEK WATERSHED MANAGEMENT COMMISSION By: Chair Date By: Secretary Date CITY OF GOLDEN VALLEY By: Shepard M. Harris, Mayor Date 05-17-22 By: Timothy Cruikshank, Date Date City Manager 05-17-22 BA295-1-793547.v2 4 EXECUTIVE SUMMARY Police 763-593-8079 / 763-593-8098 (fax) Golden Valley City Council Meeting May 17, 2022 Agenda Item 3. E. 6. Agreement with Lexipol, LLC for Law Enforcement Policy Manual Subscription & Implementation Prepared By Alice White, Assistant Police Chief Summary In 2021, the Police Department began researching options to update its policy manual and streamline the processes of(1) keeping policies up to date and (2) training officers on policy updates. Additionally, as part of the City's Pohlad Foundation grant work, the Police Department plans to engage in a racial equity audit of its policies with the assistance of community members and a race equity policy expert. To accomplish these tasks, the department recommends contracting with Lexipol, a subscription-based service provider to review and re-organize the department's policy manual in preparation for the equity audit and community review. Lexipol is a nationally known company that develops comprehensive, continuously updated polices for public safety agencies. The Department wishes to hire Lexipol to review its current policy manual, recommend changes, and provide an online, subscription platform to house the policies so that they are easily accessible to department staff. The proposed subscription also includes ongoing monitoring of changes and trends in legislation, case law, and best practices to keep policies up to date. Financial Or Budget Considerations The cost of this service includes a $13,935.55 annual subscription fee and a one-time set up fee of $41,374.40. Funds will come from the Police Department budget. Recommended Action Motion to approve agreement with Lexipol, LLC for Law Enforcement Policy Manual subscription and implementation in the form approved by the City Attorney. Supporting Documents • Agreement with Lexipol, LLC (5 pages) • Lexipol Solutions Proposal (6 pages) WM I I A IrLEXIPOL AGREEMENT FOR USE OF SUBSCRIPTION MATERIAL Agency's Name: Golden Valley Police Department Agency's Address: 7800 Golden Valley Rd Minneapolis, Minnesota 55427 Attention: Commander Alice White Lexipol's Address: 2611 Internet Boulevard, Suite 100 Frisco,Texas 75034 Prepared By: Karen James Program Start Date: to be completed by Lexipol upon receipt of signed Agreement This Subscription Agreement (the "Agreement") is entered into by and between Lexipol, LLC, a Delaware limited liability company ("Lexipol"), and the Agency identified above. This Agreement consists of: (a) this Cover Sheet; (b) Exhibit A (Subscriptions Being Purchased and Subscription Fees); (c) Exhibit B (Terms and Conditions Specific to this Agreement); and (d) Lexipol's General Terms and Conditions, available at: https://www.lexipol.com/terms-and-conditions/. In the event of any inconsistency or conflict between Lexipol's General Terms and Conditions and those contained in Exhibit B,the terms and conditions contained in Exhibit B shall control. Each person signing below represents and warrants that they have full and complete authority to bind the party on whose behalf they are signing to all terms and conditions contained in this Agreement. City of Golden Valley Lexipol, LLC Signature: Signature: Print Name: Shepard M. Harris Print Name: Jan Roos Title: Mayor Title: General Counsel Date Signed: Date Signed: Signature: Print Name: Timothy J. Cruikshank,City Manager Date Signed: Copyright 2021 ©Lexipol-Rev 12/28/2020 Exhibit A SUBSCRIPTIONS BEING PURCHASED AND SUBSCRIPTION FEES Agency is purchasing the following: QTY DESCRIPTION101 EXTENDED 1 Annual Law Enforcement Policy Manual USD 14,669.00 5% USD 733.45 USD 13,935.55 &Daily Training Bulletins w/Supplemental Publication Service w/ Procedures (12 Months) Subscription Line Items Total USD 733.45 USD 13,935.55 1 Law Enforcement Standard Policy Cross- USD 3,565.00 5% USD 178.25 USD 3,386.75 Reference 1 Law Enforcement Agency-Specific Content USD 2,195.00 5% USD 109.75 USD 2,085.25 Extraction 1 Law Enforcement Tier I Implementation USD 13,011.00 5% USD 650.55 USD 12,360.45 1 Law Enforcement Tier II Implementation USD 6,648.00 5% USD 332.40 USD 6,315.60 1 Law Enforcement Tier III Implementation USD 6,880.00 5% USD 344.00 USD 6,536.00 1 Law Enforcement Tier IV Implementation USD 8,487.00 5% USD 424.35 USD 8,062.65 1 Law Enforcement Tier V Implementation USD 2,766.00 5% USD 138.30 USD 2,627.70 One-Time Line Items Total USD 2,177.60 USD 41,374.40 USD 2,911.05 USD 55,309.95 Discount: USD 2,911.05 TOTAL: USD 55,309.95 *Law Enforcement pricing is based on 26 Law Enforcement Sworn Officers. Cross Reference Professional Services pricing is based on 320 pages. *The above subscription services, and when applicable, implementation services, shall be invoiced by Lexipol upon the execution of this Agreement. Notes Pricing based on 26 (and up to 35) FT sworn Discount Notes 5%annual subscription discount and 5%discount on implementation services if agency starts with Lexipol on or before March 1, 2022. Copyright 2021 ©Lexipol-Rev 12/28/2020 Exhibit B Terms and Conditions Specific to this Agreement The following terms and conditions apply to all Subscription Services purchased by Agency. Capitalized terms used but not defined herein shall have the meaning set forth in Lexipol's General Terms and Conditions, available at: https://www.lexipol.com/terms-and-conditions/. In the event of any inconsistency or conflict between Lexipol's General Terms and Conditions and those contained herein, the Terms and Conditions contained in this Exhibit B shall control. 1. Term, This Agreement becomes effective and enforceable upon signature by Agency's authorized representative, with a Program Start Date as specified on the cover sheet of this Agreement. This Agreement shall remain in effect for a minimum one (1) year period commencing on the Program Start Date unless a different time period is specified on Exhibit A (the "Initial Term"): provided, however, that the Term will be automatically extended for successive one-year periods thereafter (each a "Renewal Term") unless one party provides written notice of non-renewal to the other party at least thirty (30) days prior to expiration of the Initial Term or the then-current Renewal Term, as the case may be. The Initial Term and all subsequent Renewal Terms shall collectively comprise the "Term" of this Agreement. Notwithstanding the foregoing, this Agreement remains subject to termination as provided in Lexipol's General Terms and Conditions, available at: https://www.lexipol.com/terms-and-conditions/. 2. Subscription Fee/Invoicing. Lexipol will invoice Agency for purchased Subscription Services at the commencement of the Initial Term and thirty(30)days prior to the beginning of each Renewal Term.Agency will pay the invoiced amount to Lexipol within thirty (30) days of the invoice date. All invoices will be sent to Agency at the address for Agency specified on the first page of this Agreement to which these Terms and Conditions are attached. All payments will be made to Lexipol at the address for Lexipol specified on the invoice. Lexipol reserves the right to increase pricing for each Renewal Term. 3. Product-Specific Terms; Ownership; Right to Use. This Section pertains to specific products and services offered by Lexipol and its affiliates. If Agency has selected a particular product or service referenced below, the applicable Section(s) and associated supplemental terms will apply. If Agency has not selected a particular product or service referenced below, the subsection referencing such product or service shall not apply. 3.1 Policy Subscriptions and Materials. This Section applies when Agency has subscribed to or otherwise receives access to Lexipol's Policy Subscription Materials, as defined below. i Generally. Agency acknowledges and agrees that all policy-based Subscription Services, including but not limited to all policy manuals, supplemental policy publications, daily training bulletins, and all other materials provided by Lexipol to Agency from time to time during the term of this Agreement (such materials collectively, the "Subscription Materials") are proprietary products of Lexipol, protected under U.S. copyright, trademark, patent, and other applicable law, and that Lexipol reserves all rights not expressly granted in this Agreement. Subject to the terms, conditions and limitations in this Agreement, Lexipol hereby grants Agency the right to prepare derivative works of the Subscription Materials (each, a"Derivative Work,"as defined in Section 1 of the General Terms and Conditions); provided, however, that Agency acknowledges and agrees that Lexipol will be the sole owner of all right, title and interest in and to all Derivative Works, including all copyrights and other intellectual property and proprietary rights therein or pertaining thereto, and Agency hereby assigns and transfers to Lexipol all right, title and interest in and to all Derivative Works, including all copyrights and other intellectual property and proprietary rights therein or pertaining thereto. Agency will not remove any copyright notice or other proprietary notice of Lexipol appearing on Subscription Materials or Derivative Works and shall include such notices at the appropriate place on each copy thereof. ii Right to Use; Limitations on Use. Subject to the terms, conditions, and limitations in this Agreement, Lexipol hereby grants to Agency a perpetual, personal, fully paid-up, right to use the Subscription Materials and any Derivative Works in each case,solely for the Agency's internal purposes.Agency shall not use, copy, republish, lend, distribute, post on servers, transmit, redistribute, or display, in whole or in part, by any means or medium, whether electronic or mechanical, or by any information storage and retrieval system, any Subscription Materials or any Derivative Work other than as expressly authorized by the immediately preceding sentence. Without limiting the generality of the foregoing, Agency will not import, upload, or otherwise make available any Subscription Materials or any Derivative Work into or onto any third party, document, knowledge, or other content management system or service without Lexipol's prior written consent. The foregoing does not prohibit Agency from providing Subscription Materials or Derivative Works pursuant to an order from a court or other 1 of 3 Exhibit B governmental agency or other legal process, Freedom of Information Act(FOIA) request, or Public Records Act (PRA) request, nor does it prohibit Agency from displaying the adopted/approved final policy document on a publicly accessible website for official agency purposes, so long as Agency includes the appropriate copyright and other proprietary notices on such final policy document as required by Section 3.1(i) above. iii Policy Adoption.Agency hereby acknowledges and agrees that all policies and Daily Training Bulletins (DTBs) included in the Subscription Materials provided by Lexipol have been individually reviewed, customized, and adopted by Agency for use by Agency in accordance with this Agreement. Agency further acknowledges and agrees that neither Lexipol nor any of its agents, employees, or representatives shall be considered "policy makers" in any legal or other sense, and that the chief executive of Agency will, for all purposes, be considered the "policy maker"with regard to each and every such policy and DTB. 3.2 Learning Management System.This Section applies when Agency subscribes to Lexipol's Learning Management System ("LMS"). The LMS is a proprietary product of Lexipol, protected under U.S. copyright, trademark, patent, and other applicable law. Lexipol and its licensors retain all rights, title, and interest in and to the LMS (including, without limitation, all intellectual property rights), including all copies, modifications, extensions, and Derivative Works thereof. Agency's right to use the LMS is limited to the rights expressly granted in this Agreement. All rights not expressly granted to Agency are reserved and retained by Lexipol and its licensors. As between Agency and Lexipol, (a) all Agency Data, defined as data owned by Agency prior to the Program Start Date of this Agreement or data not otherwise subject to the definition of"Derivative Work" in Lexipol's General Terms and Conditions, is Agency's property, and (b) Agency retains all rights, title, and interest in and to Agency Data, including all copies, modifications, extensions, and derivative works thereof. Lexipol retains no right or interest in any Agency Data and shall return or destroy Agency Data following termination of this Agreement.Agency's purchase of LMS Subscription Services is also subject to the LMS Master Service Agreement located at: https://www.lexipol.com/Ims-master- service-agreement. 3.3 Grant Services. This Section applies when Agency subscribes to Lexipol's Grant Writing, Consulting, and/or GrantFinder services, offered by Praetorian Digital. If Agency selects Grant Writing services, Agency takes full responsibility for submitting information reasonably required by Praetorian Digital in a timely manner. All Agency materials must be received 5 days prior to the grant application close date, and Agency is responsible for all submissions of final grant applications by grant deadlines. Failure to submit requested materials to write grant applications on time will result in rollover of project services and fees to next grant application cycle. Requests for cancellation of Grant Writing services will result in a 50% fee of the total value of the service. Invoices for Grant Writing services will be sent as soon as work begins for the applicable target grant. Complete payment must be received no later than thirty (30) days after receipt of invoice. In the event Agency has not made timely payment on an invoice, Lexipol/Praetorian Digital reserves the right to suspend all Grant services until payment is received in full and may terminate Agency's access to GrantFinder, if applicable. Invoices over thirty (30) days past due shall be charged a twenty-five dollar ($25) late fee. Agency's purchase of the Grant services is also subject to the GrantFinder Master Subscription Agreement located at http://www.lexipol.com/GTGF-Master-ServiceAgreement. 3.4 Cordico Wellness Applications.This Section applies when Agency subscribes to Lexipol's Wellness Applications, offered by Cordico®, including but not limited to CordicoShield, CordicoFire, and all other Cordico products and services (collectively, the "Wellness Services"). The Wellness Services are proprietary products of Lexipol, protected under U.S. copyright, trademark, patent, and other applicable law. Lexipol and its licensors retain all rights, title, and interest in and to the Wellness Services (including,without limitation, all intellectual property rights), including all copies, updates, modifications, and versions thereof. Agency's right to access and use the Wellness Services is limited to the rights expressly granted in this Agreement. All rights not expressly granted to Agency are reserved and retained by Lexipol and its licensors. As between Agency and Lexipol, (a) all Agency Data collected through the Wellness Services remains Agency's property, and (b) Agency retains all rights, title, and interest in and to Agency Data, including all copies, modifications, extensions, and derivative works thereof. Lexipol retains no right or interest in any Agency Data and shall return or destroy Agency Data following termination of this Agreement. In addition, upon termination of this Agreement for any reason,Agency shall lose access to all Wellness Services. Agency's purchase of Wellness Services is also subject to Cordico's Terms and Conditions located at https://www.cordico.com/terms-and-conditions/ and the Terms and Conditions set forth within each Wellness Application. 2 of 3 Exhibit B 3.5 Generally: Injunctive Relief. Except as expressly provided herein, nothing in this Agreement shall be construed as conferring any rights or license to Lexipol's trade secrets, intellectual property, Confidential Information, Subscription Materials, Wellness Services, or the software underlying such products and services, whether by estoppel, implication or otherwise. Agency may not decompile, disassemble, reverse engineer or otherwise attempt to discover any source code contained in any software-based Subscription Services. Notwithstanding any other term or condition herein, Agency grants all rights and permissions in or relating to Agency Data as are necessary or useful to Lexipol to enforce this Agreement, exercise Lexipol's rights, and perform Lexipol's obligations hereunder. Agency acknowledges that a breach or threatened breach of any portion of this Section 3 may cause irreparable harm and shall entitle Lexipol to injunctive relief in addition to any other available remedy. 4. Warranty Disclaimer.ALL SUBSCRIPTION SERVICES AND SUBSCRIPTION MATERIALS ARE PROVIDED"AS IS" AND LEXIPOL HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. LEXIPOL SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. 5. Disclaimer of Liability. Agency acknowledges and agrees that Lexipol, its officers, agents, managers, and employees will have no liability to Agency or any other person or entity arising from or related to the Subscription Services or the Subscription Materials, or any act or omission by Agency or its personnel pursuant to, or in reliance on, any of the Subscription Materials. 6. Limitation of Liability. Lexipol's cumulative liability to Agency and any other person or entity for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement, the Subscription Services, or the use of any Subscription Materials shall not exceed the subscription fees actually paid to Lexipol by Agency for the Purchased Subscription Services under this Agreement during the twelve-month period immediately prior to the assertion of such claim, demand, or action. In no event shall Lexipol be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Lexipol has been advised of the possibility of such damages. The limitations set forth in this Section shall apply whether Agency's claim is based on breach of contract,tort, strict liability, product liability or any other theory or cause of action. 7. Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Minnesota without giving effect to any choice of law doctrine that would cause the law of any other jurisdiction to apply. 8. Entire Agreement.This Agreement embodies the entire agreement and understanding of the parties hereto and hereby expressly supersedes all prior written and oral agreements and understandings with respect to the subject matter hereof. No representation, promise, inducement, or statement of intention has been made by any party hereto that is not embodied in this Agreement. Terms and conditions set forth in any purchase order, or any other form or document of Agency, which are inconsistent with, or in addition to, the terms and conditions set forth in this Agreement, are hereby objected to and rejected in their entirety, regardless of when received, without further action or notification by Lexipol, and shall not be considered binding on Lexipol unless specifically agreed to in writing by it. 9. Attorneys Fees. If any action is brought by either party to the Agreement against the other party regarding the subject matter hereof, each party shall bear its own attorneys' fees, costs, and expenses of litigation. 10. Data Practices/GOVERNMENT DATA. Lexipol acknowledges that, to the extent this Agreement requires Lexipol to perform a government function, all of the data created, collected, received, stored, used, maintained or disseminated by Lexipol in performing government functions is subject to the requirements of the Minnesota Government Data Practices Act (Minn. Stat. § 13.01 et. seq. the "MGDPA"), except to the extent the data is privileged pursuant to an exception to or exclusion from the MGDPA, and that Lexipol must comply with the MGDPA as if Lexipol were a government entity, including the remedies in Minn. Stat. §13.08, subject to any other appropriate exception to or exclusion from the MGDPA. Lexipol agrees to promptly notify the City of any request for data that Attorney receives related to this Agreement. 11. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, Lexipol agrees that the books, records, documents, and accounting procedures and practices of Lexipol, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Lexipol shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 12. Additional Terms and Conditions. Except as set forth above, this Agreement remains subject to Lexipol's General Terms and Conditions, available at: https://www.lexipol.com/terms-and-conditions/. 3 of 3 1j LEXPOL I SOLUTIONS PROPOSAL t au PREPARED FOR: Golden Valley Police Department Commander Alice White awhite@goldenvalleymn.gov (763) 512-2505 PREPARED BY: Karen James kjames@lexipol.com (949) 325-1230 2611 Internet Blvd, Ste 100 Frisco, Texas 75034 (844) 312-9500 www.lexipol.com Executive Summary Public safety agencies and local government organizations today face challenges of keeping personnel safe and healthy, reducing risk and maintaining a positive reputation. Add to that the dynamically changing legislative landscape and evolving best practices, and even the most progressive, forward-thinking departments can struggle to keep up. Lexipol's solutions are designed to save you time and money while protecting your personnel and your community. Our team consists of professionals with expertise in public safety law, policy, training, mental health and grants. We continually monitor changes and trends in legislation, case law and best practices and use this knowledge to create policies,training, wellness resources and funding services that minimize risk and help you effectively serve your community. THE LEXIPOL ADVANTAGE Lexipol was founded by public safety experts who saw a need for a better, safer way to run a public safety agency. Since the company launch in 2003, Lexipol has grown to form an entire risk management solution for public safety and local government. Today, we serve more than 8,100 agencies and municipalities and 2 million public safety and government professionals with a range of informational and technological solutions to meet the challenges facing these dynamic industries. In addition to providing policy management, online training, wellness resources, and grant assistance, we provide 24/7 industry news and analysis through the digital communities Police1, FireRescue1, Corrections1, EMS1 and Gov1. Our customers choose Lexipol to make an investment in the safety and security of their personnel, their agencies and their communities. We help agencies address issues that create substantial risk, including: • Inconsistent and outdated polices • Lack of technology to easily update and issue policies and training electronically • Unchecked mental health needs of staff • Difficulty keeping up with new and changing legislation and practices • Inability to produce policy acknowledgment and training documentation • Unfamiliarity of city legal resources with the intricacies of public safety law • The need to secure grant funding for critical equipment, infrastructure and personnel Lexipol is backed by the expertise of 320 employees with more than 2,075 years of combined experience in constitutional law, civil rights, ADA and discrimination, mental health, psychology, labor negotiations, Internal Affairs, use of force, hazmat, instructional design, federal and state grants and a whole lot more. That means no more trying to figure out policy, develop training or wellness content or secure funding on your own. You can draw on the experience of our dedicated team members who have researched,taught and lived these issues. We look forward to working with Golden Valley Police Department to address your unique challenges. Copyright 2020©Lexipol-Rev 6/28/2018 Page 2 of 6 • • ' of Services Policy Manual Constitutionally sound, up-to-date policies are the foundation for consistent,safe public safety operations and are key to reducing risk and enhancing personnel and community safety. Lexipol's comprehensive policy manual covers all aspects of your agency's operations. • More than 155 policies researched and written by public safety attorneys and subject matter experts • Policies based on State and federal laws and regulations as well as nationwide best practices • Content customized to reflect your agency's terminology and structure Daily Training Bulletins (DTBs) Even the best policy manual lacks effectiveness if it's not backed by training. Lexipol's Daily Training Bulletins are designed to help your personnel learn and apply your agency's policy content through 2-minute training exercises. • Scenario-based training ties policy to real-world applications • Understanding and retention of policy content is improved via a singular focus on one distinct aspect of the policy • Each Daily Training Bulletin concludes with a question that confirms the user understood the training objective • Daily Training Bulletins can be completed via computers or from smartphones,tablets or other mobile devices • Reports show completion of Daily Training Bulletins by agency member and topic Policy Updates Lexipol's legal and content development teams continuously review state and federal laws and regulations,court decisions and evolving best practices. When needed,we create new and updated policies and provide them to your agency, making it simple and efficient to keep your policy content up to date. • Updates delivered to you through Lexipol's web-based content delivery platform • Changes presented in side-by-side comparison against existing policy so you can easily identify modifications/improvements • Your agency can accept, reject or customize each update Web-Based Delivery Platform and Mobile App (Knowledge Management System) Lexipol's online content delivery platform,called KMS, provides secure storage and easy access to all your policy and training content, and our KMS mobile app facilitates staff use of policies and training completion. • Ability to edit and customize content to reflect your agency's mission and philosophy • Efficient distribution of policies, updates and training to staff • Archival and easy retrieval of all versions of your agency's policy manual • Mobile app provides in-the-field access to policy and training materials Reports Lexipol's Knowledge Management System provides intuitive reporting capabilities and easy-to-read reports that enhance command staff meetings and strategic planning. • Track and report when your personnel have acknowledged policies and policy updates • Produce reports showing completion of Daily Training Bulletins • Sort reports by agency member,topic and other subgroups (e.g., shift, assignment) • Reduce the time your supervisors spend verifying policy acknowledgement and training completion Supplemental Publication Service Lexipol's Supplemental Publication Service(SPS) streamlines the storage of your agency's content, giving you one place to access procedures,guidelines,general orders,training guides or secondary policy manuals. • Electronically links department-specific procedural or supplemental content to your policy manual • Provides electronic issuance and tracking for your agency's procedural or supplemental content • Allows you to create Daily Training Bulletins against your procedural content • Designed for standard operating guidelines, procedures,general orders or field guides Law Enforcement Operations Procedures Copyright 2020©Lexipol-Rev 6/28/2018 Page 3 of 6 To ensure consistent,effective and safe operations, a law enforcement agency's procedures should align with its policies and be accessible in an easy-to-understand format. Lexipol's Law Enforcement Procedure Guide and Framework, based on national best practices,gives you the guidance and a template to build such a procedure manual. • More than 40 procedure guides designed to help you ensure your procedures follow important policy requirements and national best practices • Each procedure provides an editable template to conveniently author new content and merge existing agency content • Procedures are aligned with Lexipol policy requirements to address the most important operations of a law enforcement agency • Well-structured and policy-aligned procedures enhance preparation for accreditation assessments Agency-Specific Content Extraction This service is perfect for agencies that wish to populate one or more Supplemental Publication Service (SPS) manuals with their existing content. We'll do the heavy lifting of incorporating your agency's supplemental content (procedures,guidelines,general orders,training guide or a secondary policy manual) into the SPS.Access to an electronic copy of your existing content and a subscription to the Supplemental Publication Service(SPS) is required. • Data entry of agency procedures or supplemental content into Lexipol's Knowledge Management System (KMS). Note: Lexipol reserves the right to limit the amount of content being imported into the SPS. • Consistent, professional formatting for your agency's policy-related content • Hyperlink related content for enhanced end-user experience Standard Policy Cross-Reference Making the transition to Lexipol starts with understanding how your agency's current policy content compares with Lexipol's master policy content. Our Standard Policy Cross-Reference service provides a logical method to distinguishing between the two. • Analysis of your existing policies and procedures to identify content similar to Lexipol's state specific master content,as well as content unique to your jurisdiction and not covered within the Lexipol manual • Your existing policies returned with annotations and tips to integrate into the Lexipol master content • One-on-one review with your agency to discuss the cross-reference report Implementation Policy Tier I: High-Risk Policies Benefit from our proven,systematic approach to implementing polices. Tier I represents about 20%of the manual, including foundational policies necessary to provide structure and authority to your policy manual,as well as policies addressing high-risk, low-frequency and high-risk, high-frequency incidents.You'll receive one-on-one collaborative assistance to help you review,customize and adopt the policies efficiently and effectively. Implementation Policy Tier II: High-Liability Policies Benefit from our proven,systematic approach to implementing polices. Tier 11 represents about 20%of the manual, including policies that relate to common day-to-day calls for service that have a higher level of potential liability. You'll receive one-on-one collaborative assistance to help you review,customize and adopt the policies efficiently and effectively. Implementation Policy Tier III: Daily Operations Policies Benefit from our proven,systematic approach to implementing polices. Tier III represents about 20%of the manual, including policies needed for orderly daily operations of your organization.You'll receive one-on-one collaborative assistance to help you review,customize and adopt the policies efficiently and effectively. Implementation Policy Tier IV: Defensibility Policies Benefit from our proven,systematic approach to implementing polices. Tier IV represents about 20%of the manual, including policies essential to agency and agency member defensibility, including civil liability-related topics. You'll receive one-on-one collaborative assistance to help you review,customize and adopt the policies efficiently and effectively. Implementation Policy Tier V: Operational Consistency Policies Benefit from our proven,systematic approach to implementing polices. Tier V represents about 20%of the manual, including policies needed to ensure operational consistency across your organization.You'll receive one-on-one collaborative assistance to help you review, customize and adopt the policies efficiently and effectively. Copyright 2020©Lexipol-Rev 6/28/2018 Page 4 of 6 Proposal Prepared By: Karen James Quote #: Q-27027-3 Phone: (949) 325-1230 Date: 11/4/2021 Email: kjames@lexipol.com Valid Through: 3/1/2022 • 0 Lexipol empowers first responders and public servants to best meet the needs of their residents safely and responsibly. We are the experts in policy,training and wellness support, committed to improving the quality of life for all community members. Our solutions include state-specific policies, online learning, behavioral health resources, funding assistance, and industry news and information offered through the websites Police1, FireRescue1, EMS1 and Corrections1. Lexipol serves more than 2 million public safety and government professionals in over 8,000 agencies and municipalities. The services proposed below are designed to meet your agency's specific goals and needs. QTY DESCRIPTIONEXTENDED 1 Annual Law Enforcement Policy Manual USD 14,669.00 5% USD 733.45 USD 13,935.55 &Daily Training Bulletins w/Supplemental Publication Service w/ Procedures (12 Months) Subscription Line Items Total USD 733.45 USD 13,935.55 1 Law Enforcement Standard Policy Cross- USD 3,565.00 5% USD 178.25 USD 3,386.75 Reference 1 Law Enforcement Agency-Specific Content USD 2,195.00 5% USD 109.75 USD 2,085.25 Extraction 1 Law Enforcement Tier I Implementation USD 13,011.00 5% USD 650.55 USD 12,360.45 1 Law Enforcement Tier II Implementation USD 6,648.00 5% USD 332.40 USD 6,315.60 1 Law Enforcement Tier III Implementation USD 6,880.00 5% USD 344.00 USD 6,536.00 1 Law Enforcement Tier IV Implementation USD 8,487.00 5% USD 424.35 USD 8,062.65 1 Law Enforcement Tier V Implementation USD 2,766.00 5% USD 138.30 USD 2,627.70 One-Time Line Items Total USD 2,177.60 USD 41,374.40 USD 2,911.05 USD 55,309.95 Discount: USD 2,911.05 TOTAL: USD 55,309.95 *Law Enforcement Policy pricing is based on 26 Law Enforcement Sworn Officers. Law Enforcement Cross Reference Professional Services pricing is based on 320 pages. Notes Pricing based on 26 (and up to 35) FT sworn Copyright 2020©Lexipol-Rev 6/28/2018 Page 5 of 6 Discount Notes 5%annual subscription discount and 5%discount on implementation services if agency starts with Lexipol on or before March 1, 2022. Copyright 2020©Lexipol-Rev 6/28/2018 Page 6 of 6 SUMMARY Parks and Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 17, 2022 Agenda Item 3. F. 1. Adopt Resolution No. 22-050 accepting a donation for a tool share shed, outdoor park furniture, planting tables, and community garden hand tools for the new Golden Valley Community Garden at Medley Park. Prepared By Rick Birno, Director of Parks & Recreation Summary As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. All donations and grants must be acknowledged and accepted by motion with a simple majority. Financial Or Budget Considerations None Recommended Action Motion to adopt Resolution No. 22-050 accepting the donation from H&R Block and Nextdoor through the Golden Valley One Good Deed organization for the addition of a new tool share shed, outdoor park furniture, planting tables, and community garden hand tools for the new Golden Valley Community Garden at Medley Park. Supporting Document • Resolution No. 22-050 accepting a donation of$10,000 from H&R Block and Nextdoor through the Golden Valley One Good Deed organization for the addition of a new tool share shed, outdoor park furniture, planting tables, and community garden hand tools for the new Golden Valley Community Garden at Medley Park. RESOLUTION NO. 22-050 RESOLUTION ACCEPTING THE DONATION FOR THE MEDLEY PARK COMMUNITY GARDEN FROM H&R BLOCK AND NEXTDOOR THROUGH THE GOLDEN VALLEY ONE GOOD DEED ORGANIZATION WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004, which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following donations on behalf of its citizens: A donation of$10,000 from H&R Block and Nextdoor through the Golden Valley One Good Deed organization for the addition of a new tool share shed, outdoor park furniture, planting tables, and community garden hand tools for the new Golden Valley Community Garden at Medley Park. Adopted by the City Council of Golden Valley, Minnesota this 17t" day of May 2022. Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk SUMMARY Parks and Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 17, 2022 Agenda Item 3. F. 2. Approve Resolution No. 22-0051 Accepting a donation of a tree in Brookview Park honoring Harley Ray Hanson. Prepared By Rick Birno, Director of Parks & Recreation Summary As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. We have prepared the following resolution detailing the specific donor and their fiscal gift for your consideration. Financial Or Budget Considerations None Recommended Action Motion to adopt Resolution No. 22-0051 accepting the donation from the Hanson Family for the addition of a tree in Brookview Park to honor Harley Ray Hanson. Supporting Documents • Resolution No. 22-051 accepting a donation of$350 from the family of Harley Ray Hanson for a tree to be located in Brookview Park. RESOLUTION NO. 22-051 RESOLUTION ACCEPTING THE DONATION OF A TREE FROM THE HANSON FAMILY FOR BROOKVIEW PARK WHEREAS, the City Council adopted Resolution No. 04-20 on March 16, 2004, which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following donations on behalf of its citizens: $350 donation from the Hanson family for the addition of a tree to honor Harley Ray Hanson at Brookview Park. Adopted by the City Council of Golden Valley, Minnesota this 17th day of May 2022. Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk EXECUTIVE SUMMARY City Administration 763-593-8006 / 763-593-8109 (fax) Golden Valley City Council Meeting May 17, 2022 Agenda Item 3. F. 3. Pohlad Foundation Reimagining Public Safety Program: Reducing Harm through Collaborative Solutions Grant Agreement Prepared By City Administration and Police Department Command Staff Summary In 2021, the City applied for and received a Reimagining Public Safety Grant from the Pohlad Family Foundation. The grant sought proposals from governments in the seven-county metro to achieve three goals: 1. Innovate and transform traditional approaches to public safety. 2. Reduce the occurrence and severity of negative encounters between law enforcement and the community. 3. Actively confront racial disparities and history of racism to improve safety, trust and greater wellbeing among Black, Indigenous and people of color (BIPOC). The grant required proposals to include joint efforts among elected leaders, staff, law enforcement, residents and community-based organizations, including BIPOC-led organizations and people impacted by justice systems or who have faced injustice by law enforcement. The Pohlad funding priorities the City targeted in its application include: • Efforts that incorporate trauma, healing and restorative approaches. This can include addressing immediate needs following a critical incident or restorative approaches that lead to improved trust and repairing harm from past trauma. • Adoption or expansion of co-responder, community responder or similar models that reduce escalating encounters with law enforcement. The model adopted should improve outcomes with BIPOC communities; individuals with developmental, physical, intellectual disabilities; individuals experiencing a mental health crisis; and transgender and gender-nonconforming individuals. • Strategies that offer a range of response options for how calls to 911 are categorized and dispatched (i.e., differential responses and dispatch to ensure the optimal resources are responding to specific safety needs, such as mental health, homeless outreach and youth intervention workers, amongst other community responders). City Council Meeting Executive Summary 2 City of Golden Valley May 17, 2022 • Workforce recruitment, training and skill development specific to efforts that increase racial diversity and foster an anti-racist work culture. • Practices that increase transparency and accountability (public information-sharing practices, improved relations with public safety officials, early intervention systems to detect potential problems with officers' behavior, civilian review boards). • Efforts that include solutions and resources from within the local community that promote public safety and broader wellbeing. The City was awarded $250,000 by the foundation and staff has been working since October 2021 to finalize the grant agreement. With direction from the City Council, staff in the City Manager's Office and Police Department worked together to create a refined list of activities that are consistent with: (1) the requirements of the RFP; (2) the spirit of the City's grant application; and (3) the Police Department's internal goals and learning progression. The grant contains six strategic initiatives: 1. Officer Training and Development 2. Community Partners to Address Disproportionality 3. Education and Certifications for CSO II 4. Community Partners to Co-Create Community Call Response Model 5. Equity Policy Audit 6. Public Data Dashboard Attachment A of the attached Pohlad Family Foundation Grant Agreement (the "Grant Agreement") contains a detailed list of the strategic initiatives and the activities the City will complete as well as a timeline of the activities. Attachment B contains a breakdown of the grant budget. City policy and state law require the City Council to approve all grants and donations by resolution. Therefore staff requests that the City Council approve the Grant Agreement and adopt Resolution 22- 052. Recommended Action • Motion to approve Pohlad Family Foundation Grant Agreement in form approved by City Attorney • Motion to approve Resolution No. 22-052 accepting Reducing Harm through Collaborative Solutions Grant from Pohlad Family Foundation Supporting Documents • Pohlad Family Foundation Grant Agreement (12 pages) • Resolution No. 22-052 (2 pages) Grant Recipient: City of Golden Valley ?00`P0 H LAD Grant Contact: Kirsten Santelices family foundation POHLAD FAMILY FOUNDATION GRANT AGREEMENT The Pohlad Family Foundation (hereafter"FOUNDATION") is pleased to approve a restricted grant of $250,000 to the City of Golden Valley (hereafter"GRANTEE'. By accepting this grant, the GRANTEE agrees, as a condition of the grant, to the following terms and conditions as of the date set forth below its signature hereto: 1. That the purpose of this grant is the following: assist in establishing the Police Employment, Accountability, and Community Engagement (PEACE) Commission, complete a racial equity audit of policing policies, and establish data tools to increase transparency in policing. The grant activities and outcomes are further detailed in Attachment A, which is incorporated herein by reference. The proceeds of the grant will be used in accordance with the budget attached hereto as Attachment B, which is incorporated herein by reference. 2. That the grant period extends from: January 1, 2022 to April 30, 2024. 3. That payment(s) will be made by the date(s) listed in the following table provided the terms and conditions of this agreement are met as of the date of each payment: Payment Amount Scheduled Payment Date $125 000 June 15 2022 $125 000 March 31 2023 The GRANTEE will provide written certification of its compliance with this grant agreement, dated as of the date of the applicable scheduled payment date, in a form reasonably acceptable to the FOUNDATION, as a condition to receipt of the payment on the applicable scheduled payment date. 4. To submit progress reports of activities carried on under the grant, evaluations of what the grant accomplished, complete financial reports detailing use of the grant funds according to the following schedule and such other documents, reports or analysis reasonably requested by FOUNDATION. The FOUNDATION will send a reminder and instructions for completing required reports prior to the report due date but the failure to provide the reminder does not waive the GRANTEE's obligations hereunder. Report Type Report Due Date Mid-Grant Report March 1 2023 Final Grant Report Aril 30 2024 5. To use the funds only for the tax-exempt purpose, as defined by the Internal Revenue Service, as described in the grant application and subsequent grant notification letter and not for any other purpose without the FOUNDATION's prior written approval. 1 Grant Recipient: City of Golden Valley ?00`P0 H LAD Grant Contact: Kirsten Santelices family foundation 6. To not expend any grant funds for any political or lobbying activity or for any purpose other than one specified in section 170(c)(2)(b) of the Internal Revenue Code. 7. To notify the FOUNDATION immediately, in writing, of any change in (a) GRANTEE'S legal or tax status, (b) GRANTEE'S executive or key staff responsible for achieving the grant purposes, (c) GRANTEE'S ability to expend the grant for the intended purpose, (d) any expenditure from this grant for any purpose other than those for which the grant was intended, or (e) any action or inaction, or the happening of an event, that could have a material adverse effect on the achievement of the designated purpose of the grant or the use of the grant proceeds for the designated purpose. 8. To repay any portion of the grant which is not used for the designated purpose. Any unspent or uncommitted funds at the end of the grant period must be promptly returned to the FOUNDATION unless other arrangements have been agreed to in writing prior to the end of the grant period. 9. To allow the FOUNDATION to review and approve the content of any proposed publicity concerning this grant prior to its release and to recognize the FOUNDATION in all publicity materials related to the funded project or program. 10. To allow the FOUNDATION to include information about this grant in the FOUNDATION's periodic public reports, newsletter, news releases, social media postings, and on the FOUNDATION's website. This includes the amount and purpose of the grant, any photographs you have provided, your logo or trademark, and other information and materials about your organization and its activities. In furtherance of this section, you agree to provide upon request any requisite releases (including photo releases), consents or similar documents necessary to provide the FOUNDATION with the full and intended value of the first sentence of this section. 11. To maintain books and records adequate to demonstrate that GRANTEE has used grant funds for intended purpose and to make its books relating to this grant available to the FOUNDATION at reasonable times during the term of the grant and for a period of four years following the end of the grant period. 12. That any grant payment may be discontinued, modified, or withheld at any time when, in the judgment of the FOUNDATION, such action is necessary to comply with the requirements of law or this grant agreement or due to a breach of this grant agreement by GRANTEE. 13. Consistent with Executive Order 13224 and the Patriot Act, no portion of the grant will be used to support terrorism, or will be diverted to other individuals or organizations which have assisted, sponsored, or provided financial, material, or technological support for terrorists or persons associated with terrorists. 14. This agreement is governed by the laws of Minnesota without regard to conflict of laws provisions and the venue of any dispute regarding its terms shall be exclusively brought in 2 Grant Recipient: City of Golden Valley ?00`P0 H LAD Grant Contact: Kirsten Santelices family foundation the state and federal courts located in Hennepin County, Minnesota. This grant agreement, including Attachments A and B hereto, represent the entire agreement of the parties with respect to the subject matter hereof. This grant agreement may not be assigned by the GRANTEE. This grant agreement may be amended or modified, or any provision hereof waived, only with the written consent of the FOUNDATION and the GRANTEE. CITY OF GOLDEN VALLEY Name Title Signature Date Acknowledged and agreed to by the POHLAD FAMILY FOUNDATION Name Title Signature Date 3 Grant Recipient: City of Golden Valley ?00`P0 H LAD Grant Contact: Kirsten Santelices family foundation POHLAD FAMILY FOUNDATION GRANT AGREEMENT ATTACHMENTA—Activities and Outcomes The following work will be completed by the City of Golden Valley Pohlad Grant Team, which consists of the Police Chief and Commanders, the Equity and Inclusion Manager,the Community Connections and Outreach Specialist,the Deputy City Manager/HR Director,the City Manager, the Crime Analyst Supervisor, and the City Attorney. Activities: 1. Officer training and development A. Hire consultant to conduct trauma and restorative training community activities for police department, community organizers, community groups, and community at large. Action Plan Details: i. Conduct market research to hire consultant to provide training. ii. Identify restorative leaders in GVPD for training. Convene an initial community conversation to bring together GVPD, community organizers, community groups, and community at large. iii. Create procedure within procedure manual to identify situations and protocols for restorative practices. B. Hire consultant to continue the diversity, equity and inclusion training of police officers. Action Plan Details: i. Collaborate with previous diversity and inclusion facilitator to determine next appropriate training. ii. Set specific expectation for individual and group participation amongst GVPD staff iii. Facilitate a series of trainings for all GVPD staff. In consultation with the City's Equity and Inclusion Manager, the consultant will create and deliver a training progression over two years • Preliminary recommendation: quarterly training opportunities Community Connection and Outreach Specialist will collaborate with selected consultants to coordinate events and compensate circle keepers, community healers and trauma-informed practitioners. (Conducted as needed—at least twice per year). 2. Establish a community partner program to understand contributing factors to racial disproportionality in arrests and police interactions, document findings, and establish a specific, written plan to decrease disproportionality. A. With support from the technical assistance team,the Pohlad Grant team, including the Community Connections and Outreach Specialist, will collaborate with current community partners to develop and execute a specific community engagement plan,to include events and activities to build and enhance relationships with individuals and organizations. Action Plan Details: 4 Grant Recipient: City of Golden Valley ?00`P0 H LAD Grant Contact: Kirsten Santelices family foundation i. Review results of the traffic stop/arrest data as a tool to identify community impacted policing, including communities living outside of Golden Valley. ii. Work with Rainbow Research to create data collection tools and share them on City website and social media. • Work with PEACE Commission and technical team to identify key terms/indicators to define the narrative data. Indicators may include key terms such as "trust" or"safety." iii. Collaborate with community groups and leaders to host community listening events, provide racial trauma healing sessions for community groups and police officers, and facilitate ongoing cross jurisdictional relationships • City Council members and other City employees may be invited to participate as well. • Identify individuals who want to participate in the data analysis (213). • Pohlad team will ensure mental health and emotional wellness resources are available for attendees (including social worker resources, connecting with local faith communities, etc.) iv. Pohlad Team members (including PEACE Commission members) will listen and write down the narrative data provided by attendees at the events and listening sessions. B. Complete analysis of traffic-stop and arrest data to identify trends and specific communities, including data disaggregated by race, geographic location, gender, age, impacted by policing practices. Action Plan Details: i. After data is collected, identify a team ("Data Team") to consist of: • Community members impacted by policing practices (self-identified in 2A) • PEACE Commission Data Sub Committee members • Internal Pohlad team (including GVPD) • Technical Assistance Team partners ii. The Data Team will: • Aggregate and analyze the raw data (both quantitative and narrative data) to determine disparities. • Complete a root-cause analysis using a tool selected by the Data Team. • Produce a report including analysis and action plan recommendations for disparity reduction. • Share completed report with City and community. iii. Use data to inform policy making, training, data dashboard construction, community engagement, and community call response model 3. Engage Community Partners to Build Trust and Provide Community Call Response Model A. The Community Connection and Outreach Specialist will work with the police department to host community events and activities, attend community events in and around Golden Valley, and build relationships with individuals and community groups. 5 Grant Recipient: City of Golden Valley ?00`P0 H LAD Grant Contact: Kirsten Santelices family foundation Action Plan Details: i. Invite community organizers to attend events and activities within Golden Valley to build relationships ii. Hire groups with whom we have built relationships to provide ongoing support to the police department with trust building and de-escalation during high- stress events and calls for service iii. Work with selected groups to build relationships with police department personnel a. Selected groups will work within Golden Valley to build trust and relationships with residents and engage residents to participate b. Provide training and education to community and police on the response models iv. Collaborate with selected groups to solidify call response process, including appropriate call responses 4. Education and Certifications for Community Service Officer II A. Provide the following training and certifications for non-sworn responders within the police department: • Emergency Medical Response (EMR) or • Emergency Medical Transport (EMT) • Both mental health and de-escalation training; and • Trauma-informed response training B. Collaborate with current contracted Hennepin County embedded social worker to determine appropriate use of CSO II staff and set up call response systems to engage staff appropriately. S. Hire consultant for racial equity policy audit A. Review all existing policies using a system such as Lexipol—complete policy/procedure B. Determine internal policy committee ("Policy Team") including PEACE Commission and Police department personnel) C. Post RFP to hire an outside equity consultant to conduct a thorough review of policies and procedures using a racial equity and criminal justice lens, and provide written recommendations to City Staff and the City Council D. Hire consultant E. Consultant conducts review F. Include PEACE Commission in audit process to facilitate community engagement as necessary, which will include community members identified by the Data Team as that data becomes available. G. Policy Team and Consultant provide policy recommendations and training to implement the recommended policy changes H. Polity Team and Consultant create process for ongoing policy review I. Incorporate Data Team recommendations into policy review process. 6 Grant Recipient: City of Golden Valley ?00`P0 H LAD Grant Contact: Kirsten Santelices family foundation 6. Create open access to data and support innovative data-informed decision-making A. Research and evaluate, with PEACE Commission and public historians/GIS specialists (Mapping Prejudice), public facing web-based tools that provide interactive access to police data sets that include but are not limited to: • Data on crime statistics, traffic stops, searches, use of force, and officer involved shootings, all disaggregated by race and gender • Employment, recruitment and retention data, disaggregated by race and gender • Complaint data • Other public, aggregate data requested by community partners and PEACE Commission B. Choose company/organization based on market research to create the data dashboard C. Publish and advertise the data dashboard for community D. Develop regular internal and external data cycle sessions with employees and community members from PEACE Commission and PRIME to analyze data collected in interface E. Consult with public historians/GIS specialists (Mapping Prejudice)to analyze impact of publishing geographic policing patterns F. Work with members of the Just Deeds coalition to educate community and professional associations on appropriate use of maps and their context Outcomes: 1. Officer training and development o Officers will use restorative practice as a de-scalation tool in their interactions with community and to build relationships with community. o Restorative training will prepare officers for the restorative work they will engage in with the PEACE Commission. o Restorative and DEI training will inform updates to police policy manual o Increased understanding and adoption of restorative practices in procedure ■ Pre and post training assessment with progress monitoring (determined in collaboration with the hired consultant) ■ Procedure within the Police Procedure manual o Increased competency of diversity, equity and inclusion language ■ Pre and post training assessment with progress monitoring (determined in collaboration with the hired consultant) o Increased understanding of relevance and importance of diversity, equity, and inclusion initiatives to policing ■ Pre and post training assessment with progress monitoring (determined in collaboration with the hired consultant) 2. Establish a community partner program to understand contributing factors to racial disproportionality in arrests and police interactions, document findings,and establish a specific, written plan to decrease disproportionality. o Increased understanding of the impact law enforcement practices have on specific communities as documented in a written report prepared by the Data Team summarizing quantitative and narrative data collected under section 2(b) above 7 Grant Recipient: City of Golden Valley ?00`P0 H LAD Grant Contact: Kirsten Santelices family foundation o Identify specific harms and perceptions of GVPD that impact communities outside of the City, displayed in the final report produced by the Data Team o Incorporate perspectives/narrative data in policy making process by referencing Data Team conclusions and reports as data becomes available. All relevant raw data and final reports of the Data Team will be provided to the policy review team and the City Council. o Identified reciprocal relationships with police department and community groups o Create sustained relationships with organizations and individuals outside of Golden Valley by adding them to a database of City contacts o Public access to data and analysis will increase trust with communities as evidenced by community feedback with the organizations and individuals with whom we have relationships (including PEACE Commission feedback) o Data-informed policies, procedures, community engagement, and training o Decreased disproportionality in traffic-stops and arrests 3. Engage Community Partners to Build Trust and Provide Community Call Response Model o Decrease reliance on uniformed officers to respond to non-emergency calls ■ Use 2020 and 2021 response call data as baseline o Incorporate community intervention partners where appropriate o Decreased use of force incidents 4. Education and Certifications for Community Service Officer II o Decreased reliance on sworn officers to respond to medical and mental health calls • Use 2020 and 2021 response call data as baseline o Increased capacity among non-sworn staff to respond to medical and non-emergency calls as evidenced by call response logs and officer reports of activities o Decreased reports of trauma response by community members o Reduced use of force including injury to community members and officers o Decreased repeat agency response to mental health crisis calls S. Hire consultant for racial equity policy audit o Updated policy manual o Developed framework for community engagement with PEACE Commission for ongoing policy review o Enhanced relationships between community members and police as evidenced by active engagement and participation by community in process. o All stakeholders have increased understanding of purpose and impact of policing policy o Policy manual be made available for public review; members of the public and community groups that did not contribute to policy development may provide ongoing feedback to City Council and PEACE Commission 6. Create open access to data and support innovative data-informed decision-making o Updated GVPD window(the PD's current data dashboard) with interactive data sets, reports and tools, including: Traffic stops, arrests, prosecution statistics, etc. 8 Grant Recipient: City of Golden Valley ?00`P0 H LAD Grant Contact: Kirsten Santelices family foundation ■ Provide downloadable, raw data to public that it may be disaggregated by race, gender, where people live, etc. o Routine root-cause analysis discussions at semi-annually to understand what policies and practices need to change to interrupt trends o Published reports on the City website and social media for informal community feedback o Increased understanding of how data correlates to housing patterns established by segregated housing patterns in Golden Valley and surrounding communities o Greater public accessibility to police department data o Public access to data and analysis will increase trust with communities as evidenced by narrative data from community members o Data-informed policies, procedures, and training o Decreased disproportionality in traffic-stops and arrests, including racial disproportionalities Timeline: CATEGORY TASK START END 1A. Officer i. Conduct market research to hire 5/1/22 5/31/22 Training consultant ii. Identify restorative leaders 8/1/22 10/31/22 iii. Convene an initial community 10/31/22 12/31/22 conversations iv. Create procedure within manual 10/31/22 3/1/23 1B. i. Collaborate with DEI to determine 5/1/22 5/31/22 next training ii. Set expectation for participation 5/31/22 8/1/22 iii. Determine ongoing training 8/1/22 10/31/22 through training progression over two years 2A. Community i. Review results of traffic 5/1/22 8/31/22 Partners stop/arrest data to identify Program community ii. Work with Rainbow Research to 1/1/23 2/28/23 identify/create data collection tools iii. Collaborate with community to 3/1/23 5/1/23 host listening sessions, and trauma informed decisions iv. Pohlad team collect narrative 3/1/23 5/1/23 data at events/listening sessions 2B. i. Identify Data Team 5/1/23 7/31/23 ii. Data Team analysis and reports 8/1/23 11/30/23 9 Grant Recipient: City of Golden Valley ?OO`PO H LAD Grant Contact: Kirsten Santelices family foundation iii. Use data to inform policy making, 9/1/23 04/01/2024 data dashboard, etc 3A. Community i. Invite community organizers to 5/1/22 10/1/22 Call Response attend events and activities within Model GV ii. Hire groups provide support calls 5/1/22 10/1/22 for service iii. Groups build relationships with 10/1/22 5/1/24 GV iv. Solidify call response process 10/1/22 5/1/24 4A. Certs CSOII Provide certs to CSOII 5/1/23 9/1/23 4B. Collaborate with Hennepin Co. 11/1/22 4/30/23 embedded social worker to determine call response 5A. Racial Equity Review policies using Lexipol - 5/1/22 7/15/22 Policy Review complete policy/procedure separation 5B. Determine Policy Team 5/1/22 6/1/22 5C. Post RFP 6/1/22 7/27/22 5D. Hire Consultant 7/27/22 9/6/22 5E. Consultant conduct thorough review 9/7/22 3/1/24 of policies and provide recommendations in sections 5F. Policy Team and PEACE Commission 10/1/22 3/1/24 community engagement in sections 5G. Consultant and Policy Team provide 1/1/23 3/1/24 recommendations for training 5H. Policy Team and Consultant create 1/1/23 3/1/24 process for ongoing policy review 51. Incorporate Data Team 12/1/23 3/1/24 recommendations into policy review process 6A. Data Research GIS specialist and public 6/1/22 8/1/22 Dashboard historians 6B. Choose organization to create 8/1/22 9/1/22 dashboard 6C. Publish & advertise data dashboard 9/1/22 1/1/23 6D. Develop regular internal &external 9/1/22 10/1/22 data cycle 6E. Analyze geographic patterns 1/1/23 5/1/24 6F. Work with Just Deeds to educate 1/1/23 5/1/24 community on use of maps 10 Grant Recipient: City of Golden Valley ?OO`PO H LAD Grant Contact: Kirsten Santelices family foundation 11 Grant Recipient: City of Golden Valley ?00`P0 H LAD Grant Contact: Kirsten Santelices family foundation POHLAD FAMILY FOUNDATION GRANT AGREEMENT ATTACHMENT B- BUDGET Operating Budget: The City of Golden Valley will build out a specific budget, which will include the following known estimated annual expenditures. Activity Dollar Amount Use Officer Training and $30,000 Restorative training Development $15,000 DEI Training Community Partner $60,000 Compensation to community partners Program Costs to host community events,trainings, and racial trauma healing sessions Community Call Response $45,000 Contracts with community organizing groups Model to attend events and build relationships, as well as provide co-response Education and Certificate $10,000 Cost of trainings and certifications for CSO II for Community Service Officer II Racial Equity Policy Audit $65,000 Contract with selected equity consultant Data initiative and $25,000 Contract with organization to build the Data dashboard dashboard Any significant changes in budget will be provided in writing and approved by Pohlad Foundation staff. 12 RESOLUTION NO. 22-052 RESOLUTION ACCEPTING A GRANT FROM THE POHLAD FOUNDATION FOR REDUCING HARM THROUGH COLLABORATIVE SOLUTIONS INITIATIVE WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which established a policy for the receipt of gifts; and WHEREAS, the Resolution and Minnesota Statutes, section 465.03 state that a grant or gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. WHEREAS, through its Reimagining Public Safety program, the Pohlad Family Foundation (the "Foundation"), in partnership with the National League of Cities, is supporting local municipalities and counties that prioritize public safety and well-being improvement for Black, Indigenous, and people of color (BIPOC) by offering a Reducing Harm Through Collaborative Solutions Grant (the "Grant"); and WHEREAS, the City of Golden Valley applied for the Grant because the program outcomes align with the City's Welcome Statement; Equity Plan; and Mission, Vision and Values; and WHEREAS, the City Council approved the Grant Application on May 18, 2021 ; and WHEREAS, the City of Golden Valley was selected by the Foundation's Racial Justice Grants Committee to receive a $250,000 grant as part of the Foundation's Reducing Harm through Collaborative Solutions Initiative; and WHEREAS, the City wishes to use the grant funds to assist in establishing its Police Employment, Accountability, and Community Engagement (PEACE) Commission, complete a racial equity audit of policing policies, provide training for police department employees, and establish data tools to increase transparency in policing; and WHEREAS, the funded grant activities and outcomes are further detailed in Attachment A to the Pohlad Family Foundation Grant Agreement (the "Grant Agreement") and the proceeds of the grant will be used in accordance with the budget attached to the Grant Agreement as Attachment B; and WHEREAS, provided the City meets all grant requirements, the Foundation will pay the grant funds to the City in two installments according to the following schedule: Payment Amount Scheduled Payment Date $125 000 June 15 2022 $125 000 March 31 2023 Resolution No. 22-052 May 17, 2022 NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following grant on behalf of its citizens: Pohlad Family Foundation grant in the amount of$250,000. Adopted by the City Council of Golden Valley, Minnesota this 17th day of May 2022 Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk EXECUTIVE SUMMARY Human Resources 763-593-3989 / 763-593-8109 (fax) Golden Valley City Council Meeting May 17, 2022 Agenda Item 3 G. Land Acknowledgement, Resolution No. 22-053 Prepared By Kiarra Zackery, Equity and Inclusion Manager Summary In 2019, the City Council directed the Human Rights Commission (HRC) to research and put forth a recommendation regarding a Land Acknowledgement for the City Council. A subcommittee of HRC members conducted preliminary research regarding the function and purpose of land acknowledgement statements, appropriate drafting processes and organizational intentions for drafting a statement. The HRC Land Acknowledgement subcommittee shared their preliminary findings and proposed action plan with the Diversity, Equity, and Inclusion Commission (DEIC) after its inception in September 2021. The DEIC provide the following recommendations based on their own research via subcommittee, workshop and consultation with the Native Governance Center, preliminary research from the HRC and discussion with the Council at the May 10, 2022 Council work session. Financial Or Budget Considerations N/A—The DEIC will use funds allocated in existing budget to support Land Acknowledgement action plan items. Recommended Action Motion to Approve Resolution No. 22-053 -Adopting an Official City of Golden Valley Land Acknowledgement Policy, Statement, and Action Plan. Supporting Documents • Land Acknowledgement Statements and Guidelines (2 page) • Resolution Supporting the Adoption of a Land Acknowledgement (1 page) • Minnesota Indigenous Name Pronunciation sheet (1 page) • Land Acknowledgement Action Plan (3 pages) Proposal for a Land Acknowledgment Statement by the City of Golden Valley We acknowledge and honor the Dakota Peoples, on whose ancestral lands the City of Golden Valley is built, and whose land resources we use. We reflect on the forcible exile and the sanctioned dispossession of the Dakota peoples, due to actions by the government, traders and land speculators, leading to the Land Cession 289 and the 1851 Treaty of Traverse des Sioux. We further recognize the injustices done by actions taken to suppress, over the following many decades, the Dakota People's knowledge and observance of their cultural and spiritual heritage. We further acknowledge, honor and respect their continuing existence, as part of the four Federally-recognized and sovereign Dakota bands who live among us here in Minnesota today. We hold ourselves accountable to recognize and counter the historical and contemporary injustices that continue to impact Indigenous people. We plan to do this by counteracting the erasure of the cultural practices and presence of the Dakota people through education and by amplifying a wide range of indigenous voices. R'I :45r o lC y; Y1 I1 • 1�4� f P' ® * . Dakota taday ,951 Laa"i s� lfPssions Shortened statement: We acknowledge and honor the Dakota nation, on whose ancestral land the City of Golden Valley is built, and whose land resources we use. We commit to counteracting the erasure of the cultural practices and presence of the Dakota people through education and by amplifying a wide range of indigenous voices. RESOLUTION NO. 22-053 RESOLUTION ADOPTING AN OFFICIAL CITY OF GOLDEN VALLEY LAND ACKNOWLEDGEMENT WHEREAS, a Land Acknowledgement is a formal statement to recognize the original inhabitants of land currently occupied by profiters of colonial action; and WHEREAS, Minnesota, originally Mni Sota Makoce, is home to eleven federally recognized tribes including four Dakota tribal nations: Shakopee Mdewakanton, Sissetonwan (Prairie Island Indian Community), Wahpetonwan (Upper Sioux Community), Wahpekute (Lower Sioux Community) and seven Anishniaabe tribal nations: Zagaakwaandagowininiwag (Bois Forte Band of Chippewa), Nagaajiwanaang (Fond du Lac), Gichi-Onigaming (Grand Portage), Gaa-zagaskwaajimekaag (Leech Lake Band of Ojibwe), Misi-zaaga'iganing (Mille Lacs Band of Ojibwe), Miskwaagemiiwi-zaaga'igan (Red Lake Band of Chippewa Indians) and Gaa-waabaabiganikaag (White Earth); and WHEREAS, the Dakota people were subject to forced exile and codified dispossession of the land known as Golden Valley due to actions of the government, traders and land speculators including the Land Cession 289 and 1851 Treaty of Traverse des Sioux; and WHEREAS, the Native community in the City of Golden Valley continues to provide positive impacts in the region through culturally sustaining and rejuvenating activities; and WHEREAS, the Golden Valley Diversity, Equity, and Inclusion Commission developed an action plan to educate its community about and show appreciation for Minnesota Indigenous Peoples through their work plan to support Golden Valley's Native Community; and WHEREAS, reading a Land Acknowledgement after the Pledge of Allegiance is one active practice of acknowledging our nation's foundational history of colonial harm and re-centers indigenous perspectives. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Golden Valley that: 1. The City of Golden Valley establishes a Land Acknowledgement for the beginning of every Golden Valley City Council, Board and/or Commission meeting. 2. The Diversity, Equity,and Inclusion Commission is directed to integrate action plan items into its work plan annually. 3. The Diversity, Equity, and Inclusion Commission is directed to research the adoption of Indigenous Peoples' Day the second Monday of October. Adopted by the City Council of Golden Valley, Minnesota this 17th day of May 2022. Shepard M. Harris, Mayor ATTEST: Theresa J. Schyma, City Clerk MN Indigenous name pronunciations Mni Sota Macoke: (mini-so-ta ma-co-chay) Mdewakanton: (mid-wa-kan-ton) Sissetonwan: (sis-eh-ton-wahn) Wahpetonwan: (wa-pi-ton-wahn) Wahpekute: (wa-pi-koo-tay) Zagaakwaandagowininiwag: (za-gah-kwahn-dah-go-win-nee-wahg) Nagaajiwanaang: (na-gah-ji-wa-nahng) Gichi-onigamiing: (gi-chee o-ni-gah-ming) Gaa-zagaskwaajimekaag: (gah zah-ga-skwa-jim-ay-cog) Misi-zaagalganing: (miss-ih zah-gah-ih-gah-ning) Miskwaagamii-zaagalganing: (mis-kwa-gah-mee zah-gah-ih-gah-ning) Gaa-waabaabiganikaag: (gah wah bob-ih-gin-ih- cog) City of Golden Valley, Human Resource Commission Possible activities to accompany the Land Acknowledgment Statement: 1 . monument /stone — with statement. Can be acknowledgment plus some history a. Possible locations: i. outside city hall, ii. park area in new downtown area — by Bassett Creek is appropriate since the area the indigenous people used was in the Bassett Creek wetlands. 2. Creating relationships with indigenous peoples — Possibilities. a. Follow the example of the Minneapolis public School district: http://Pieducators.com/sites/default/files/moa muid and mps with si gnatures.pdf An Agreement between the Minneapolis Public School District and the Metropolitan Urban Indian Directors (MUID) and it's member organizations. b. Phillip's Indian Educators. Their website can give a lot of insight into how to proceed. c. Possible activity associated with indigenous peoples week. Could be a Forum, or some type of outreach/social activity. d. Meet with school social studies teachers to hear about their current curriculum. We should come prepared with suggestions and materials. 3. Other future actions: a. Educational publicity. G.V. newsletter, sun Post, signs in Library, Brookview, City Hall. "Poles". b. Outreach. Work with affinity groups. Broaden cultural recognition of different groups living in G.V. to increase inclusion. Can be part of our greater outreach plans. 4. Current status, discussion issues of Native American Indians and life in Indian country. Possible topics for outreach activities and social studies curriculum. • sovereignty, • nation building, • inter-tribal relationships, • land/mineral rights, • relationship to U.S. congress, • economy, education, • health, • housing, • reservations, • tribal membership, • land ownership on reservations, allotments, 2010 census edit As of the census[21 of 2010, there were 20,371 people, 8,816 households, and 5,417 families living in the city. The population density was 1 ,997.2 inhabitants per square mile (771 .1/km2). There were 9,349 housing units at an average density of 916.6 per square mile (353.9/km2). The racial makeup of the city was 85.4% White, 7.1% African American, 0.4% Native American, 3.5% Asian, 0.9% from other races, and 2.7% from two or more races. Hispanic or Latino of any race were 2.6% of the population. 5. Historical and current materials a. Uses. i. Resources to be used for educational purposes. 1 . Forums, ii. Education of Council members, staff, members of other commissions. iii. Historical comment could be used on: 1 . monument/stone 2. placard on wall at entrance to City Hall, Brookview, other public City buildings. N. Content: Historical. Example: (Also, see end of this document for additional historical information. See also attached file with photos from the G.V. Historical society. ) We would like to acknowledge that we are holding this meeting on the traditional ancestral lands of the Wahpekute and the Ochethi Sakowin. .We pay our respect to the elders both past and present, who have stewarded this land throughout the generations. We recognize and honor them as the past, present, and future caretakers of this land. This land came under the control of the current settler state, known as the U.S.A., through genocidal military campaigns and an ongoing occupation. Land Cession 289, the 1851 Treaty of Traverse des Sioux, codified the violent dispossession, and stands out as an especially egregious example of how a supreme injustice forms the basis of the state of Minnesota and the Twin Cities as we know them today. The systematic removal of Indigenous nations and societies has led to the current situation, in which the Dakhota people reside on about .01 % (about one-hundredth of one percent) of their original land base within the borders of what we know as the State of Minnesota. Land acknowledgment is only one small part of supporting Indigenous communities. We hope our land acknowledgment statement will inspire others to stand with us in solidarity with Native nations More Historical Information: (from: G.V. Historical Society) The people that came here had heard tales of Indians. Once, when William Varner was hunting in the winter he saw deer tracks. He followed them to the woods where he saw a deer. After he shot it, he decided it was too heavy to carry back to his log cabin but he needed the deer for his family. All of a sudden an Indian came out of the woods. The Indian helped him cut and carry the deer but the Indian marveled at how sharp his knife was. Varner brought the Indian to his house and showed him his sharpening wheel and let him sharpen his knife. After that, many Indians came to sharpen their knives and soon Varner and his family became good friends with the Indians. Source: Golden Valley: The History of a Minnesota City 1886-1986, By the Golden Valley Historical Society Tribes of Chippewa and Sioux had encampments on nearby Medicine Lake. The first white settlers arrived in the early 1850s.L6-1 Golden Valley was incorporated December 17, 1886. In the early twentieth century, it was mostly a farming community. The Dakota War of 1862, also known as the Sioux Uprising, the Dakota Uprising, the Sioux Outbreak of 1862, the Dakota Conflict, the U.S.-Dakota War of 1862, or Little Crow's War, was an armed conflict between the United States and several bands of Dakota (also known as the eastern Sioux). It began on August 18, 1862, at the Lower Sioux Agency along the Minnesota River in southwest Minnesota, four years after its admission as a state.L41after the U.S. government failed to honor its part of a 1858 treaty, severe hunger and additional factors led to the Dakota War. It is a sad story — four years after Minnesota statehood — for all involved, with results that continue to reverberate today. Also look at file: HistoricalPhotos.docx SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting May 17, 2022 Agenda Item 5. A. 1. Approve Ordinance No. 736 - Zoning Map Amendment for 5300 Glenwood Avenue Prepared By Jason Zimmerman, Planning Manager Summary At the April 5, 2022, meeting of the City Council, Hopkins School District brought a petition to amend the City's Future Land Use Map and to rezone 5300 Glenwood Avenue from Office to Institutional - Assembly (I-A). At the meeting, a public hearing was held for both items and the Council voted (5-0) 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 late April, 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 Major Planned Unit Development (PUD) Amendment to expand the existing PUD boundary 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 April: 1. The site is currently adjacent to a significant Institutional zoned property and would not be out of character with the surrounding neighborhood. 2. A traffic study confirms that the proposed use of the property would not generate traffic concerns. An even more intense use of the site could function smoothly if minor adjustments were to be made to program operations and the site infrastructure. Any outstanding concerns around traffic could be addressed through conditions of the accompanying PUD Amendment. 3. As noted in the previous memo on the site's land use change, the use of this site for an expansion of the Meadowbrook campus fits with a number of the goals and objectives of the Comprehensive Plan. Financial Or Budget Considerations None City Council Regular Meeting Executive Summary 2 City of Golden Valley May 17, 2022 Recommended Action Motion adopt Ordinance No. 736, Amending the Zoning Map and Rezoning 5300 Glenwood from Office to Institutional -Assembly (I-A). Supporting Documents • Ordinance No. 736, Amending the Zoning Map and Rezoning 5300 Glenwood from Office to Institutional -Assembly (I-A) (1 page) ORDINANCE NO. 736 AN ORDINANCE AMENDING THE CITY CODE CHAPTER 113 Amending the Zoning Map and Rezoning 5300 Glenwood Avenue and Associated Vacated Rights-of-Way from Office to Institutional -Assembly ISD #270 Hopkins School District, 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 Institutional - Assembly. Section 2. The tracts of land affected by this ordinance will be legally described as: Lots 1, 2, and 3, Block 1 , Meadowbrook School 4th Addition P.U.D. No. 90, Hennepin County, Minnesota 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 17th day of May 2022. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Theresa J. Schyma Theresa J. Schyma, City Clerk SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting May 17, 2022 Agenda Item 5. A. 2. Meadowbrook School PUD No. 90, Amendment No. 6—5430 and 5300 Glenwood Avenue Prepared By Jason Zimmerman, Planning Manager Summary As referenced in the accompanying zoning memo, at the April 5, 2022, meeting of the City Council, the Council voted to approve a land use change for the property located 5300 Glenwood Avenue. 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 Major Planned Unit Development (PUD) Amendment in order to expand the boundary of the PUD and to incorporate additional land area. The expansion would allow for the completion of a traffic control plan initiated as part of Amendment#4 in 2018 as well as provide space for future special education and virtual learning programs. A complete set of materials associated with this proposal can be found in the April 5, 2022, City Council agenda packet. Findings In order approve an amendment to a PUD, the City must be able to make certain findings as outlined in Section 113-123, Subd. (c)(2) of the City Code. These findings, along with staff responses, are listed below: Quality Site Planning. The PUD plan must be tailored to the specific characteristics of the site and achieve a higher quality of site planning and design than generally expected under conventional provisions of the zoning chapter. The PUD amendment is tailored to the specific characteristics of the site by providing a beneficial circulation plan that ensures vehicles are queueing off of the public right-of-way to avoid creating back-ups and congestion on Glenwood Avenue. Other improvements to the parking lot provide a needed update to older infrastructure. Preservation. The PUD plan must preserve and protect substantial desirable portions of the site's characteristics, open space, and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands, and open waters. Minimal tree removal required as part of the project is mitigated through replanting. No sensitive site features are impacted. City Council Regular Meeting Executive Summary 2 City of Golden Valley May 17, 2022 Efficient and Effective. The PUD plan must include efficient and effective use of the land (which includes preservation). The proposed amendment would utilize land efficiently by consolidating nearby excess right- of-way and opening up an existing building for additional school operations. Consistency. The PUD plan must result in development that is compatible with adjacent uses and consistent with the Comprehensive Plan and redevelopment plans and goals. The proposal is consistent with the current use of the existing PUD and there are no known impacts to the surrounding residential neighborhood. The proposal is consistent with the City's Comprehensive Plan, which calls for the support of non-residential growth opportunities and utilizing the PUD process as a way to achieve zoning flexibility. General Health. The PUD plan must be consistent with preserving and improving the general health, safety, and welfare of the people of the city. The PUD amendment would improve general health by providing water quality improvements to the Sweeney Lake sub-watershed through new stormwater management infrastructure, and would improve safety and welfare by ensuring continued improvements to the traffic flow on Glenwood Avenue. Meets Requirements. The PUD plan must meet the intent and purpose provisions of Section 113-123 as well as all other provisions. The creativity and flexibility provided under the PUD section of the Zoning Code allows for the coordinated use of a long driveway across two properties in order to provide congestion reduction. The PUD amendment meets the Intent and Purpose provision of the City Code in that it creates a public benefit in exchange for this flexibility. Staff recommends approval of Amendment#to Meadowbrook School PUD No. 90, subject to the following conditions: 1. The plans for the expanded Meadowbrook campus, submitted March 4, 2022, with amended lighting plans dated March 28, 2022, shall become a part of this approval. 2. Dumpsters and recycling containers associated with the 5300 Glenwood Avenue building shall be screened from view from the public right-of-way, including the Highway 100 exit ramp, in compliance with zoning regulations. 3. Information on enrollment, staffing, and program activities— including those taking place at 5300 Glenwood Avenue —shall be provided to the City annually by October 1s' or more frequently if changes are proposed or anticipated. Enrollment caps shall be applied to the entire campus but shall not include virtual students. Additional enrollment, or changes to staffing or programming, may only occur in concert with the construction of additional comprehensive traffic management solutions and may be limited by existing parking capacity. 4. On-site student programming in the 5300 Glenwood Avenue building shall end by 3 pm in order to allow those students to exist the site prior to significant parent queueing. The City reserves the right to curtail certain uses or hours of operation for the 5300 building in order to manage congestion on Glenwood Avenue should future problems arise, as determined by the City Engineer. 5. Walkway easements for any trail along Glenwood that is within the school property shall be recorded as separate documents. The school shall provide exhibits and legal description (two feet north of trail edge) and the City will prepare documents. 6. The City will vacate any interest it has in the MnDOT turnback area over a portion of the east driveway entrance and along the east side of PUD, with the exception that drainage and utility City Council Regular Meeting Executive Summary 3 City of Golden Valley May 17, 2022 easements will be retained (or must be dedicated on the plat) for any areas with City utilities present. Any and all infrastructure within this vacation area would be owned and maintained by the school district and included in the maintenance agreement executed between the City and the school. 7. The existing stormwater maintenance agreement for the Meadowbrook site shall be updated as part of this PUD Amendment. The City will prepare all documents for review and signatures. The district's existing chloride management plan for Meadowbrook shall be updated and included as part of this maintenance agreement. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Financial Or Budget Considerations None. Recommended Action Motion to adopt Ordinance No. 737, Approval of Major PUD Amendment, Meadowbrook School P.U.D. No. 90, Amendment #6. Supporting Documents • Sketchplan for Meadowbrook School 4th Addition P.U.D. No 90 (1 page) • Ordinance No. 737 Approval of Major PUD Amendment, Meadowbrook School P.U.D. No. 90, Amendment #6 (2 pages) MEADOWBROOK ----------.......... ,w . 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POSED PARCEL _ I R/W VAC � r ATI J W ONE , —„� � 57 10 -- — — R=55,00 w ('—PROPOSED R a z A=59°28'43" co /W EAS NT CO EME VAC�TION � � m 0 � tv rn cw uuul � 35.69 CO RD LNO, O - ___ i_'E A SEI 1ENT FOR _ - 33 E ---- 89 iC3 .,. oGETHER HIGHWAY -\f , 27gz; ' IGHWAYF ACC SR TpRICT�RPP�� N7q 38 �� IOO PER DOCT� K355937 8 -30.05-' N89°17'19"W ORDINANCE NO. 737 AN ORDINANCE AMENDING THE CITY CODE Approval of Major PUD Amendment Meadowbrook School PUD No. 90, Amendment #6 ISD #270, Hopkins School District, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 113 entitled "Zoning" is amended in Article III, Division 3, 113-123 by approving a Major PUD Amendment to Planned Unit Development (PUD) No. 90 thereby allowing for an expansion of the elementary school campus and the incorporation of a new circulation system. The PUD is subject to all of the terms of the permit to be issued including, but not limited to, the following specific conditions: 1 . The plans for the expanded Meadowbrook campus, submitted March 4, 2022, with amended lighting plans date March 28, 2022, shall become a part of this approval. 2. Dumpsters and recycling containers associated with the 5300 Glenwood Avenue building shall be screened from view from the public right-of-way, including the Highway 100 exit ramp, in compliance with zoning regulations. 3. Information on enrollment, staffing, and program activities — including those taking place at 5300 Glenwood Avenue — shall be provided to the City annually by October 1 st or more frequently if changes are proposed or anticipated. Enrollment caps shall be applied to the entire campus but shall not include virtual students. Additional enrollment, or changes to staffing or programming, may only occur in concert with the construction of additional comprehensive traffic management solutions and may be limited by existing parking capacity. 4. On-site student programming in the 5300 Glenwood Avenue building shall end by 3 pm in order to allow those students to exist the site prior to significant parent queueing. The City reserves the right to curtail certain uses or hours of operation for the 5300 building in order to manage congestion on Glenwood Avenue should future problems arise, as determined by the City Engineer. 5. Walkway easements for any trail along Glenwood that is within the school property shall be recorded as separate documents. The school shall provide exhibits and legal description (two feet north of trail edge) and the City will prepare documents. 6. The City will vacate any interest it has in the MnDOT turnback area over a portion of the east driveway entrance and along the east side of PUD, with the exception that drainage and utility easements will be retained (or must be dedicated on the plat) for any areas with City utilities present. Any and all infrastructure within this vacation area would be owned and maintained by the school district and included in the maintenance agreement executed between the City and the school. 7. The existing stormwater maintenance agreement for the Meadowbrook site shall be updated as part of this PUD Amendment. The City will prepare all documents for review and signatures. The district's existing chloride management plan for Meadowbrook shall be updated and included as part of this maintenance agreement. In addition, the Council makes the following findings pursuant to City Code Section 113-123, Subd. (c)(2): Ordinance No. 737 -2- May 17, 2022 1 . The PUD amendment is tailored to the specific characteristics of the site by providing a beneficial circulation plan that ensures vehicles are queueing off of the public right-of-way to avoid creating back-ups and congestion on Glenwood Avenue. Other improvements to the parking lot provide a needed update to older infrastructure. 2. Minimal tree removal required as part of the project is mitigated through replanting. No sensitive site features are impacted. 3. The proposed amendment would utilize land efficiently by consolidating nearby excess right-of-way and opening up an existing building for additional school operations. 4. The proposal is consistent with the current use of the existing PUD and there are no known impacts to the surrounding residential neighborhood. The proposal is consistent with the City's Comprehensive Plan, which calls for the support of non-residential growth opportunities and utilizing the PUD process as a way to achieve zoning flexibility. 5. The PUD amendment would improve general health by providing water quality improvements to the Sweeney Lake sub-watershed through new stormwater management infrastructure, and would improve safety and welfare by ensuring continued improvements to the traffic flow on Glenwood Avenue. 6. The creativity and flexibility provided under the PUD section of the Zoning Code allows for the coordinated use of a long driveway across two properties in order to provide congestion reduction. The PUD amendment meets the Intent and Purpose provision of the City Code in that it creates a public benefit in exchange for this flexibility. Section 2. The tracts of land affected by this ordinance (collectively, the "Properties") will be legally described as follows: Lots 1 , 2, and 3, Block 1 , Meadowbrook School 4th Addition P.U.D. No. 90, Hennepin County, Minnesota Section 3. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 17th day of May, 2022. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/ Theresa J. Schyma Theresa J. Schyma, City Clerk EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting May 17, 2022 Agenda Item 6. A. Appeal of Board of Zoning Appeals Decision — 2234 Lee Ave North Prepared By Myles Campbell, Planner Summary At its April 27, 2022 meeting, the Board of Zoning Appeals heard a set of four variances relating to a proposed addition to the existing home located at 2234 Lee Ave N. The variances were in regard to building setbacks, the site's buildable envelope, and a request to increase the allowed maximum height. At their meeting, the board voted to approve three of the four variances, but denied the variance relating to the increase in maximum height. Minutes from this meeting are provided as an attachment with this Executive Summary. Following the Board's vote, the applicant elected to appeal the denied variance for consideration at the City Council, as is allowed under City Zoning Code Sec. 113-27 (D)(4). Background and Existing Circumstances 4 2234 Lee Ave N is an irregular shaped lot with its flattest 44 topography to the north of the lot and sloping down to its lowest point on the southeast end. It faces a public 3 right-of-way on all but one side of the property, meaning it is subject to a more severe 35' setback on most sides. At the time of its construction in 1977 "- variances were approved by the city to reduce the setback 25' from the front property line along Lee Ave in 2234 order to build the existing home. The lot currently has a curb cut and driveway coming off the avenue to the west, rather than the cul-de-sac to the south. The applicant is seeking to build a set of additions on to the new home to increase its overall size and improve their use of the property. The additions include: 9 . I City Council Meeting Executive Summary 2 City of Golden Valley May 17, 2022 - New tuck under garage in line with existing basement and moving the curb cut to face the cul-de- sac instead of existing location - Convert existing garage to living space - A master and secondary bedroom with new master bath - New second story above existing main level and stairs to roof At their April 271h meeting, the BZA approved the following variances: - 10 feet off the required 35 feet to a distance of 25 feet for the front setback of the home - 14.5 feet off the required 35 feet to a distance of 20.5 feet for the front setback of the deck - 5 feet off the required 15 feet to a distance of 10 feet from the side property line - A waiver of the building envelope requirements for the garage/bedroom addition The combination of these three variances would allow for all of the improvements related to the new tuck under garage and main floor additions. However, the BZA denied the final request, for 4 feet over the maximum 28 feet, to a total distance of 32 feet as measured from average grade. This request was made for the new second story addition. Summary of Request In the Single-Family Residential Zoning District, code limits principal structures in the R-1 zoning district to 28' of maximum height measured either to the top of a flat roof, or the midpoint of the highest pitched roof. That height measurement is taken from the average front grade of the structure, which is not necessarily the same as the main level floor elevation. The calculation of this average grade is provided on sheet 1 of the plan set and replicated here. As shown in the diagram, 5 points of elevation are taken from those sides of the home facing the street for corner/triangle and other lots with multiple frontages. Here they are labeled A-E. These elevations are averaged, with the resulting elevation being considered the average grade from which building height, and building envelope requirements are measured. FP — ` A 854.89 N corner of ex garage ® I � �� B 854.89 SW corner of ex garage TAMILY KITCHEN a C 846.52 SW corner of living room L II __ sF D 846.41 SE corner of living room 2234 LOT E 846.50 SE corner of bedroom s. Total 4,249.19 n F__ (4,249.19/5) = 849.84, avg. grade I I J,= FROPCrSED ti 0 aolrlr_}r 856.48, first floor elevation In the case of this lot, the average G77= P� grade is 6.64' lower than elevation of /7� the existing main floor, partially due to the lower elevation of the lot to the southeast where the garage ' addition is planned. Given that this measurement from grade reduces the allowed building height by starting from a lower elevation, the applicant is seeking a variance for an additional 4' in height to allow for the second story addition. City Council Meeting Executive Summary 3 City of Golden Valley May 17, 2022 . . AJbwable rod heicpt d only one front yard setback used from front door side. _+29-0"max. requested roof height Very close to 2V-0"max, — ——— ——— ——— — ——— — — averages the alloviahle with one hont yard setback ham main terel with three setbacks. rr,ah5,not and rgjighS Roof Pan 911 25.38' 34'-8" `1 _ 2nd Ceilin roof height allowed try current code which averages 32'-8" the three front yard setbacks and ditically drops pre Ar7v.'able height 21 30'over main tenet , SECOND FLOOR FLAN 19' 2' �1 x MAIN CLNG 17'-2' MAIN LEVEL PLA_ NAU� 9'-'r _BASEMENT l P BASEMENT LEVEL WPLAN rend a' T.O. FOOTfNG -4' The applicant notes in their application and on their plan sets that the proposed structure is actually under 28' in height if only using grade measurements from the northwest side of the home, and would appear from this side of the property as only 25.36' in height measured from the main level of the home. However, on the south side of the home, where the new garage addition would face, the structure would instead appear as 34'8" when measured from the basement floor elevation. RooF Plann The applicant notes the added .. B 2M Oeili - - - - --'ram height is necessary for the second story addition because of the desire for increased SECOND FLOOR floor-to-ceiling height for the , -—-—- second story office. Plans show F:IAIN%LNG 17 the second story as having a 7'-10" 13'6" floor-to-ceiling height in Eli" order to accommodate large BASEMENT paintings and artworks, which the property owner appraises -- BASEMENT LEVEL and sells as part of their r.o.FooTIN business. This is a relatively I -0o L high ceiling height compared to the minimum requirements for building code, or even what is seen more typically in general living areas, which is around 9-11' for newer construction. City Council Meeting Executive Summary 4 City of Golden Valley May 17, 2022 Analysis In reviewing this application, staff has maintained the points of examination to the considerations outlined in Minnesota State Statute 462.357—that the requested variance is in harmony with the general purposes and intent of the Zoning Chapter, that it is consistent with the City's Comprehensive Plan, and that a property exhibit "practical difficulties" in order for a variance to be granted. Staff finds that the variance is generally in line with both the purpose of the Zoning Code, as it does not impact or change the principal use of the lot as a single-family residence, nor does it allow for additional density of population. Staff also finds the request reasonable in light of the 2040 Comprehensive Plan, which has as one of its goals to "support the rehabilitation and reinvestment of the housing stock as structures continue to age." In order to constitute practical difficulties: 1. The property owner must propose to use the property in a reasonable manner. While the average grade is lower than the main floor level, the second story addition is also shown with 13.5' floor to ceiling dimension, well above what is required by building code for clearance, and serving a wholly aesthetic purpose. The applicant notes that the structure would appear as only around 25' from the Northwest face of the home, but staff will point out that it appears as 34'8" from the cul-de-sac. In previous variance cases the BZA has not granted a height variance above 3' for a home addition. Staff does not find the request reasonable. 2. The landowners' problem must be due to circumstances unique to the property that is not caused by the landowner. The BZA and staff agreed The lot exhibits a very irregular shape and frontage, creating challenges specifically for meeting the 35' setback on all but one side of the structure and the BZA and staff agreed in this regard the site exhibits unique circumstance. That said, staff does not agree that the average grade being taken from multiple sides of the structure constitutes a practical difficulty regarding overall height. All corner lots in the City take average grade on multiple faces of the property, so as to ensure that from any right-of-way view the structure is to scale with others nearby. The same calculation has been applied here. The addition being placed on the lowest part of the lot has dragged the average grade down further, which is a result of the applicant's plans. 3. And the variance, if granted, must not alter the essential character of the locality The structure's height would be atypical for a single-family zoned property, especially when viewed from the cul-de-sac where the full building height of 34' is visible. This is 6' over the maximum height in the zoning district, and would impact the essential character. Additionally, staff assesses whether other options are available to meet the applicant's needs without requiring a variance, or whether the proposal requests the smallest variance necessary to meet the applicant's needs. Reducing the second floor's floor-to-ceiling height would reduce the overall structure height without impacting overall livability or triggering issues with building code. Dropping City Council Meeting Executive Summary 5 City of Golden Valley May 17, 2022 from 13.5' to 10' would require only a half-foot variance while still being above the minimum height required under building code, however this may impact use in regard to reviewing artworks. Financial Or Budget Considerations Not applicable Recommended Action Staff recommends denial of the variance appeal for 4 feet over the allowed maximum height of 28 feet to a total distance of 32 feet from average grade. Supporting Documents • Application and Appeal (5 pages) • Plan sets (21 pages) • Minutes (5 pages) i!l P 0f Physical Development-Planning Department 1 7800 Golden Valley Road,Golden Valley,MN 55427 1 - ` "I 763-593-8055 1 FAX:763-593-8109 I TTY:763-593-3968 I www.goldenvalleymn golden[ en-1 - ley Zoning Code Variance Application -..- Street address of property in this application: 2234 Lee Ave N.,Golden Valley MN Applicant Information Name(individual,or corporate entity) Amy and Miles Fiterman Street address Zipp 2234 Lee Ave N., Golden Valley MN 55422 Phone Email 612-803-8058 apprizeart@mac.com Authorized Representative(if other than applicant) Hyan Thuftedal AIA CID Street address _ T519436 5504 Merritt Cir, Edina MN Phone Email 612-743-6225 rt@thuftedal.com Property Owner(if other than applicant) _ Name Street address Zip Phone Email Site Information Provide a detailed description of the variance(s)being requested: We are requesting a change to our front yard setback along the Lee Ave N cul de sac at the south end of our property from 35'to 25', additionally changing our rear yard setback from 15'to 10'to allow for a modest main level addition to our home as we age in place. We also request we be allowed a 4' height increase variance above the code calculated height as seen on sheet A1.0 which is half of the allowable height if only calculated as a front yard only calculation. The practical difficulty and undo hardship is that we have 3 front yards therefore many more data points which forces a lower average as a result of using the walk-out rear of the home as well as a much more limited buildable area with three front yard set backs. We are also rexn��eciinn#n rnn..n no it Ariv. in#hex 1 d rl car nn+hn one i#h nn rJ -f lanri r�nrex ooc#hn#inall�. Provide a detailed description of need for a variance from the Zoning Code,including description of building(s),description of proposed addition(s), and description of proposed alteration(s)to property: We are requesting a variance to our property at 2234 Lee Ave N. because our lot has three 35'front yard setbacks.This "reverse corner situation"severely limits our ability to expand our home like a number of our neighbors.Additionally, as a result of the Lee Ave. N. curve our lot is significantly smaller than neighboring lots and this is exacerbated by two of our immediate neighbors having over double our lot size. Our home is a modern late 70's home in keeping with the modem homes of Golden Valley and we intend the addition to be in keeping with that aesthetic(see attached arch. drawings)Given these undue hardships and practical difficulties we are requesting modifications to our setbacks in our rear/side yard to allow a modest axnansion to the home. We are also requestina to move our drivewav to the Lee cul de sac on the south end of our -� continued 5/1120 Zoning Co Variance Page 2 of 3; de Minnesota State Statue 462.357 requires that a property exhibit"practical difficulties"in order for a variance to be considered. Practical difficulties: • result in a use that is reasonable • are based on a problem that is unique to the property • are not caused by the landowner • do not alter the essential character of the locality To demonstrate how your request will comply with Minnesota State Statute 462.357,please respond to the following questions. Explain the need for your variance request and how it will result in a reasonable use of the property. The need for our request is that as families grow and change so must our homes, given the pandemic, our family needs have changed such that we spend much more time at home and with new family members and an aging population, single level living has become much more common place and safer,thru design we have moved elements of our home to alternate levels that are used less to limit our setback ask. We feel our modifications are reasonable and in keeping with the neighborhood and harmonious with those immediate neighbors homes. As for"use,"we are not changing the use of the property at all just making the required changes for our family. What is unique about your property and how do you feel that it necessitates a variance? Our property is unique in shape and size compared to neighbors. The configuration and adjacencies to Lee Ave N which results in three front yard set backs being imposed on our property is practically difficult. When the home was built it was granted a modified setback for similar reasons. These 3 deep setbacks place a heavy practical difficulty and hardship on our properties usability in addition to it's much smaller size in relation to our neighbors. Additionally, moving our driveway allows much better visibility and we have had more than one instance where a car pulling out of our existing driveway has hit or nearly hit a car parked on the street because of the odd positioning of the driveway at the apex of the curve, blind spots and the tight pullout corner create unsafe circumstances. The driveway on the cul de sac side of Lee would eliminate almost all issues of accessibility and safety concerns. I Explain how the need for a variance is based on circumstances that are not a result of a landowner action. The lot size, shape and adjacency to Lee Ave N is extremely unique and not in any way a result of the current land owner action. These aspects result in a dramatically difficult ability to add on or even modify the home. Explain how,if granted,the proposed variance will not alter the essential character of your neighborhood and Golden Valley as a whole. If granted,we fully intend to maintain the character of the existing home which is very harmonious with it's neighbors designs. The existing home is a cross of mid century Modern and early 80's slopped roof designs that very much fits the typical Golden Valley designs. This is reflected in our design we have submitted in relation to our existing photos also submitted. -► continued Zoning Co Variance Page 3 of 3 de The City requests that you consider all available project options permitted by the Zoning Code before requesting a variance.The Board of Zoning Appeals will discuss alternative options to seeking a variance with you at the public hearing.Please describe alternate ways to do your project that do not require variances from the zoning Code. We explored alternative ideas for additions and found that given Lee Ave N's traffic patterns force cars to drive with lights on and aimed directly at the north end of the property which creates a number of practically difficult challenges. To not have a direct view(down)into a master bedroom or young adults bedroom we need to move the addition to the south east side of the home which allows privacy and safety. Additionally for the driveway it is substantially safer to be pulling out in a cul de sac than a perpendicular move onto Lee Ave N.at an apex of a corner. The current design limits the need for a variance as much as possible and be on the private part of the home. Required Attachments e Current survey of your property,including proposed addition and new proposed building and structure setbacks(a copy of Golden Valley's survey requirements is available upon request;application is considered incomplete without a current property survey) S One current color photograph of the area affected by the proposed variance(attach a printed photograph to this application or email a digital image to planning@ggldenvalleymn.gov;submit additional photographs as needed) a Application fee:$200 for Single-Family Residential,$300 for all other Zoning Districts e Legal description: Exact legal description of the land involved in this application (attach a separate sheet if necessary) Signatures To the best of my knowledge,the statements found in this application are true and correct. I also understand that unless con- struction of the action applicable to this variance request,if granted,is not taken within one year,the variance expires. I have considered all options afforded to me through the City's Zoning Code and feel there is no alternate way to achieve my objective except to seek a variance to zoning rules and regulations. I give permission for Golden Valley staff,as well as members of the Board of Zoning Appeals,to enter my property before the public hearing to inspect the area affected by this request. �.r Name(please prirl ;4Armnyandqiles Fiterman Signature:X AuthorizedF 7esentative(if other than applicant) Name(please print): Ryan Thuftedal AIA Signature:X Date: 22 i Property Owner(if other than applicant) Name(please print): Signature:X Date: _ I Please note.The City of Golden Valley will send notice of your variance request to all adjoining property owners as well as owners of proper- ties directlyacross streets or alleys. Your neighbors have the right to address the Board of Zoning Appeals of your public hearing. You are advised to personally contact your neighbors and explain your project to them before the public hearing. This document is available in alternate formats upon a 72-hour request.Please call 763-593-8006(TTY: ® 763-593-3968)to make a request. Examples of alternate formats may include large print,electronic, Braille,audiocassette,etc. Fiterman request for variance expanded answers for#1 and#2: 2234 Lee Ave N. Golden Valley, MN 55422 Legal description: Lot 1, Block 2, Heathbrooke 2nd Addition Revised, Hennepin County, MN Question#1- Provide a detailed description of the variance(s) being requested: We are requesting a change to our front yard setback along the Lee Ave N cul de sac at the south end of our property from 35'to 25', additionally changing our rear yard setback from 1 V to 10'to allow for a modest main level addition to our home as we age in place. We also request we be allowed a 4'height increase variance above the code calculated height as seen on sheet A1.0 which is half of the allowable height if only calculated as a front yard only calculation. The practical difficulty and undue hardship is that we have 3 front yards therefore many more data points which forces a lower average as a result of using the walk-out rear of the home as well as a much more limited buildable area with three front yard setbacks. We are also requesting to move our driveway to the Lee cul de sac on the south end of our property which is safer and j more aesthetically pleasing to the neighborhood. Question#2- Provide a detailed description of need for a variance from the Zoning Code, including description of building(s), description of proposed addition(s),and description of proposed alteration(s)to property: f We are requesting a variance to our property at 2234 Lee Ave N. because our lot has three 35' front yard setbacks.This"reverse corner situation"severely limits our ability to expand our home like a number of our neighbors.Additionally, as a result of the Lee Ave. N.curve our lot is significantly smaller than neighboring lots and this is exacerbated by two of our immediate neighbors having over double our lot size. Our home is a modern late 70's home in keeping with the modern homes of Golden Valley and we intend the addition to be in keeping with that aesthetic(see attached arch. drawings)Given these undue hardships and practical difficulties we are requesting modifications to our setbacks in our rear/side yard to allow a modest expansion to the home. We are also requesting to move our driveway to the Lee cul de sac on the south end of our property which is safer and more aesthetically pleasing to the neighborhood. I i i I I APPEAL FORM BOARD OF ZONING APPEALS DENIAL DATE: 5/3/22 TO: Golden Valley City Council FROM: Petitioner Name: _Amy and Miles Fiterman owners, Ryan Thuftedal AIA architect Address: 2234 Lee Ave N Phone: 612-803-8058 Street address of property involved in this petition: _2234 Lee Ave N If you are not the owner of all of the property involved in this petition, give the name of the owner and describe the petitioner's interest (legal and otherwise) in this property: Waiver requested and denied was: Height variance of 4' was denyed by the BZA in spite of 3 front yard set backs for the lot causing 3 additional data points lowering the average allowable building height in the code, this situation is not casued by the building owner. Appellant's reasons for requesting council's review and consideration of the BZA denial: We would like to request an appeal because we feel that the calculation for overall height is overly restrictive and burdonsome as a result of the requirement to use additional lower data points given the lot has three front yard setbacks. The developer/city designed the lot and is therefore not a result of the home owner and it doesn't seem fair that the home owner would need to bear the brunt of the lower total height requirement as a result of the odd lot shape, which is indicative of a variance being issued prior to building anything on the lot. We are proposing what we beleive is a fair middle ground from a lot with only a one front yard setback to that with three and a severly sloping lot, certainly when originally designed the height restriction was a number not a complcated math problem with tons of data points not well defined. I� r S 9 �u gy k k' i ,�.!v'3 M?,� 4 y�y. � �•,,�,'fl^: r~� i* e G'' a t f r�'{��r� x�"�. � a,% =� �t 4 - � �v g f y Cx^py �°f""•` �rr�., �'1R tiz x.a,C ? 'ter °{"' ""` � '�` r -` . f,4+y. �:._,Md e,. n .✓x. ;/. Sd� :.' .. ..Sk'� ,�..a�1� .� _ �` � wi�rvX.�v..a<._ v. ....t v :��{�.:s..... � i�; z.,' ram'.., .". 'or-c,�f k mw r r—" nyNw,e low01 a Call Hours before digging CERTIFICATE OF SURVEY GOPHER R STATE ONE CALL _�fOr., Twin Cities Area 651-454-0002 RYAN THUFTEDAL MN. Toll Free 1-800-252-1166 - 0— / / \ _86a\ N r� �° lb 0 30 60 AS6; � OD Ln BLdCK 2 SCALE IN FEET �4 i /A. \ �a44� — \�X s — ' //I LEGEND 0 DENOTES FOUND PROPERTY IRON DENOTES SET 1/2" X 18" REBAR WITH PLASTIC CAP "PLS 25105" °*°s \ 54 � II DENOTES BOUNDARY LINE DENOTES LOT LINE ------ DENOTES SETBACK LINE DENOTES ESEMENT LINE Cu X999.99 DENOTES EXISTING SPOT ELEVATION ' �\ � -1s.12 0 DENOTES CONCRETE SURFACE 849 rn \\ - �\ \ cu - 999 --DENOTES EXISTING CONTOUR LINE #zzsa s °i °° FFE DENOTES FINISH FLOOR ELEVATION I %/ ^� o \ �16• EXISTING HOUSE �` / / ( `� / 16.36 S FFE=856.48 ° 0 °` / �-I-i' 0 DENOTES BITUMINOUS SURFACE �848 \ \ Cb 2/ / / M ?° FFE GARAGE=854.86 / / 8Aa/ ® DENOTES BRICK PAVER SURFACE 32/ ry° rxti 2q // DENOTES DECIDUOUS TREE \ �° / \ x° / / / ^ DENOTES CONIFEROUS TREE \ \r / /�—��° �� > `b W I ° DENOTES CHAINLINK FENCE \ \ Cb J / a� 0 s ^a a sr� 7 �� . #zzao I \ A o° °� / / U ,° EXISTING ❑ DENOTES WOOD FENCE °4 < ��\ s�°moo / / �/ � HOUSE DENOTES RETAINING WALL a �a / ) a / / -i � o m �\ ,�5�i / / o � (M) DENOTES MEASURED DISTANCE a46\ �� -- N� ^I (P) DENOTES PLATTED DISTANCE DENOTES SANITARY MANHOLE 28.3 ® DENOTES ELECTRIC METER ® DENOTES AIR CONDITIONER / / �a46�i ��►� a �a ��° ( I I DENOTES DRAINAGE FLOW DENOTES FIRE HYDRANT co l © DENOTES GAS METER V �� -S46- 44_,_, ��3° � c / l l� DENOTES TREE LINE g45 /8 DENOTES STORM CATCH BASIN � j \ / / D4 DENOTES WATER VALVE $44 \ \ °2oWV\�, j ti � l � DENOTES LIGHT POLE co DENOTES BUSH \ \ Cb W co kl I I R-55 \\ I I BUILDING SETBACKS ZONING: R1 =SINGLE-FAMILY DISTRICT HOUSE: FRONT=35 FT SIDE= 15 FT REAR=25 FT i ( F V ' NOTES / 1.THE BASIS OF THE BEARING SYSTEM IS ASSUMED. BLOCK 1 / 2. CONTRACTOR MUST VERIFY PROPOSED ELEVATIONS. / 3. NO SPECIFIC SOIL INVESTIGATION HAS BEEN COMPLETED ON THIS LOT BY THE SURVEYOR. 4. NO TITLE INFORMATION WAS PROVIDED FOR THIS SURVEY.THIS SURVEY DOES NOT PURPORT TO SHOW ALL EASEMENTS OF / RECORD. 5. EXISTING UTILITIES AND SERVICES SHOWN HEREON OWNER LOCATED EITHER PHYSICALLY ON THE GROUND DURING THE LEGAL DESCRIPTION EXISTING HARDCOVER SURVEY OR FROM EXISTING RECORDS MADE Lot 1, Block 2, HEATHBROOKE 2ND ADDITION REVISED, EXISTING HOUSE 2,677 SQ. FT. AVAILABLE TO US OR BY RESIDENT Hennepin County, Minnesota,according to the recorded plat thereof. EXISTING WOOD DECK 229 SQ. FT. TESTIMONY. OTHER UTILITIES AND SERVICES EXISTING CONC.SURFACE 701 SQ. FT. MAY BE PRESENT.VERIFICATION AND BENCHMARK EXISTING PAVER SURFACE 1,340 SQ. FT. LOCATION OF UTILITIES AND SERVICES TOTAL IMPERVIOUS AREA 4,947 SQ. FT. SHOULD BE OBTAIN FROM THE OWNERS OF ELEVATION= 833.65(NGVD 29) MNDOT DISK TOTAL LOT AREA 17,909 SQ. FT. RESPECTIVE UTILITIES BY CONTACTING "STERN RM 3". EXISTING HARDCOVER 27.6% GOPHER STATE ONE CALL AT(651)454-0002 PRIOR TO ANY DESIGN, PLANNING OR EXCAVATION. PROPERTY LOCATION: 2234 LEE AVENUE NORTH GOLDEN VALLEY, MN 55422 1 NO.I DATE DESCRIPTION BY HEREBY CERTIFY THAT THIS SURVEY WAS PREPARED BY ME OR UNDER MY FIELD WORK DATE: ENGINEERING DESIGN & SURVEYING DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED LAND SURVEYOR DRAWN BY: GST JOB NO. 21-277 6480 Wayzata Blvd. Minneapolis, MN 55426 UNDER THE LAWS OF THE STATE OF MINNESOTA. 12/01/2021 \ OFFICE: (763) 545-2800 FAX: (763) 545-2801 EMAIL: info@edsmn.com WEBSITE: http://edsmn.com 1��C2ct/ S`✓Yw4ic DarED: 12/14/21 FIELD BOOK NO.: CHECKED BY: VS SHEET N0. 1 OF 1 VLADIMIR SIVRIVER L.S. NO. 25105 EDS-15 \ \ CERTIFICATE OF SURVEY QoP„�R"STATE`oNE'cAEI ARCHITECT v v Twin City A—a5'_454-000a Thuftedal \ \ Allowable Height Calculation: for- MN.Tar Free 1-800-252-1156 \ \ (per email with Myles Campbell (city) on 2/3/22) RYAN THI 1=TEDAL Architects \ \ 2240 LOT For Average Grade and Height restrictions we - architecture + interiors \\ \ have taken the corner elevatoins of the home 5504 MERRITT CIR \ and averaged to acheive a level and then added ' ar EDINA, MN 55436 TEL 612-743-6225 \ \ the allowable 28' roof height to that. We then y ; \ \ deducted the elevation of the main level to / ��j� � ��o -�� thuftedal.com m \ \ acheive an allowable height from the main level g c 6LOPK 2 #y,. GENERAL CONTRACTOR \ 5 corners (as defined by zoning email on 2/3/22 � �`� - 4, , TBD \ are as follows lows per survey. �° r y 1!,1, ae ores vo-No cxoaEwlr IRON \ I �"r ,4 �P •/r�+' W• F ASI 'LS 1 ',)l \ \ A 854.89 N corner of ex garage Nr \ B 854.89 SW corner of ex garage 4 \ \ l 9 •/• y ..- , �G 'L t tll'V ONE \ C 846.52 SW corner of living room 1 �. SRpT L1EYA p \ \ D 846.41 SE corner of living room " . k $ A f?. ' u _DEMOTES E115nNGE Cc-TOm Lim cn \ F ;r STRUCTURAL ENGINEER m \ E 846.50 SE corner of Main bedroom ?f s- , \ _ E ALIGN structural \ \ total 4,249.19 j DENOTES DONTEROUS TREE D \ \ /5 849.84 average grade for allowable .i �� ' L LRLL Chirstian Soltermann PE c� \ _�. ,� � -s ; 241 Cleveland Ave S., B7 \ height 877.84 +28' max allowable height - ! �, 1! I�, R "ELTr "a St \ \ 856.48 first floor elevation 1 � If_- Ir Ml,,ar N,n°F Paul, MN 55105 E \ \ -height 21.36' allowable height from first floor - e'� ,„ - rr r I r 11n Z L ra Zoning ask is for 25.36'which is close to 1/2 of \ \ �� i " �Sa �; JEIWL TCH BASIN FP \ \\ the difference from a front only to rear includedL,L OLE _ v g � PROJECT „ vaverage. Fiterman FAMILY! KITCHEN \ �� p _ A� \ ��.�_ � � RUIDALV(;�p TH 7CK3 Q ROOM 00 \�'o Addition and \ \ O,n 4 , y r r ir'� s0E rr V 11,.r r REAR 25 R v Fo 44� Remodel \ ` I 2234 Lee Ave. N Uj \ 70 a Sflr TES 2234 LOT \ s �— 1THEM_D,I„l E�A,NG EM,S Golden Valley, MN 55422 W \,o �oT �` ASSVR ED JII_ F �\ BLOCK 1 B �] v s %L�,� / h , L£VATIP'! RA HS EIl YS'EVTI 1 C \��c� �� E%IG TING G` ING U L C C T ARCHITECT'S STAMP - C PROPOSED L1dGAL DES MPTION EMsrrNc r�xncovEn I hearby certify that this plan,s fication,or Loll.Blod�2 NEATNISI—(E 2NEIi TIgJREN3E°. FJIIST,NG E—E i6750.FT. L'W3LETn-1 - " report was prepared me rm _ 0 DDITION \�� \ WwpnCanHxtn®o..No dl mtlwmua pmlrcre ElSONG, DDDE�R —I.IT p p p a v sTxc ccwc.suRFnrf supervision and that Licenc \�c \ (gPG RF.Ni H1oraRK m A u Em ousnAEA a R �DF Architect under the I��f the State of ed 5 , 14 4 3/4 \� S� ELEVATM)x•WSb6 MGYD 2E]MNODT OI6N TOTAL LOT MREA ll96B Sp.FT. - - G •eTeTN ra,a FLISTING IIAR�DI�F_RLCE 2}.G% r �„es,«o� Minnesota. -� �GJ 5� \ Gc« Ry�aa6.Thuft% IA 7� \ °RO RTv �]�A CN: 223- L-E *,IENUE NORTH re Q OPO \ �€ s �`M[50` ] License 44 57 GC LCE I n. W a E`" IAN 55422 a , c ev xa, a �. .. . xn 2,sn E as r SITE PLAN Scale: 1/16" = 1'-0" 0)0 A Q �h — ��01 O� Date: 3/29/22 SD plans 12/9/21 VARIANCE 1/18/22 \ OWNER REV. 2/15/22 OWNER REV. 2/22/22 VARIANCE 3/29/22 LEE AVE N CU L DE SAC Drawn by: Author (j SITE PLAN PROPOSED / Checked by: Checker 1/16" = 1'-0" \ i SHEET � , A1 .0 vol ARCHITECT \ Thuftedal Architects architecture + interiors \ 5504 MERRITT CIR \ EDINA, MN 55436 V A TEL 612-743-6225 \ \ thuftedal.com GENERAL CONTRACTOR \\ \ \ \ TBD C) CO V A r co \ STRUCTURAL ENGINEER z \ ALIGN structural p \\ Chirstian Soltermann PE w 2240 LOT 241 Cleveland Ave S., B7 o v v 3 LEE AVE N ENTRY VIEW St. Paul, MN 55105 Z W EXISTING PATIO A LU Q AV A EXISTING HOME IN LINES \ \ PROPOSED ADDITOIN IN BLACK PROJECT „,i v �� Fiterman v v - Addition and Uj w Remodel NO DRIVEWAY 2234 \ OS GoldeneVa ley, MN 55422 NEW FRONT WALK EXIST NG \ �'�•� v7 G �G,A cos ARCHITECT'S STAMP a H O 1 Y 1 E PROPOSED \'p��tt"�\�Q k". I hearby certify that this plan,s fication,or 0 ADDITION �V� \F/,A --- report was prepared by me��r my �,,,,� supe vision and that am Licenced 7 %n�� MinnArchitect esota.nder the la, ,Yof the State of ' I Ryan B.T 4UONlA Signature Q. LEE AVE N CUL DE SAC VIEW License#44 57 SETBACKS O NEW PROPOSED DRIVEWAY_ OFF CUL DE SAC \ Scale: 1" = 20'-0" 66 401 vo v v Date: 3/29/22 SD plans 12/9/21 LEE AVE N VARIANCE 1/1 /22 QOj � OWNER REV. 2/15/22 OWNER QUO VARIANCE EV 3/29/22 CULDESAC Drawn by: Author SITE PLAN PROPOSED CHANGES SHEETd by: Checker �/ 1 11 = 20'-0" A 1 . 1 A2.3 ARCHITECT Thuftedal 1 1 Architects architecture + interiors A3.7 5504 MERRITT CIR EDINA, MN 55436 TEL 612-743-6225 K"" _ 1 thuftedal.com A GENERAL CONTRACTOR \ TBD FT' \ \ \ 1 A � A3.9 \ \ \ STRUCTURAL ENGINEER \ ALIGN structural \ Chirstian Soltermann PE \ 241 Cleveland Ave S., B7 \ St. Paul, MN 55105 1 \opo A3.1 12'-o" v 6,0. s�� PROJECT Fiterman \77777 \�� Addition and v 1 A2.4 Remodel GARAGE \ 2234 Lee Ave. N ® \ Golden Valley, MN 55422 707 SF v v � v ARCHITECT'S STAMP ADDITION \��s \ hearby certify that this plan,s fication,or \�/6 report was prepared by me o r my \ dC� supervision and that I am Licenced Architect under the la f the State of M DR M \ Minnesota. •`Q/ 1 --- Ryan Bre \ butt IA Signature Q5 all \ License#44 57 A3.2 1 129 SF V-3 BASEMENT - - - - - - - - - - - -----A Scale: 1/8" = 1'-0" rFT7 26'-4" 00 Room Room �� Date: 3/29/22 SD plans 12/9/21 VARIANCE 1/18/22 236 SF 196 SF OWNER REV. 2/15/22 OWNER REV. 2/22/22 VARIANCE 3/29/22 BASEMENT LEVEL PLAN NEW DRIVEWAY 1 1/8 - 1 -0 Drawn by: Author 1 Checked by: Checker SHEET A2.1 A 1 .2 ARCHITECT Thuftedal o----------------------------- Architects 0 1 1 1 _ 1 , architecture + interiors 5504 MERRITT CIR 3.6� A3. A3.5 �� A 8 ' EDINA, MN 55436 0 TEL 612-743-6225 thuftedal.com FP bath room GENERAL CONTRACTOR TBD bath room JAMILY�j KITCHEN v UUROOM ao bath room—' STRUCTURAL ENGINEER queen bed ALIGN structural 12'-2 3/4" Chirstian Soltermann PE - LAUNDRY - 241 Cleveland Ave S., B7 A3.1 closet I St. Paul, MN 55105 NEW WALLS IN BLACK ZD wine A2.2 1 cellar REBECCA'S PR JECT BEDROOM 1 "Merman ent. closet POWDER Addition and Remodel 2234 Lee Ave. N MAIN BEDROOM Golden Valley, MN 55422 F tub gallery wall MAIN CLOSET o double sink ARCHITECT'S STAMP king size bed _ N 6'- 6" MAIN BATH ' Nearby certify that this plan,s 1rcation,or report was prepared by me o my, oe 15'-6 1/4" supervision and that I am Licenced Architect under the law f the State of _ Minnesota. ``e Ryan B.ThuftRlA Signature Q. WC License#44 57 shower MAIN PLAN LIVING ADDITION CL Scale: 1/8" = 1'-0" Date: 3/29/22 SD plans 12/9/21 VARIANCE 1/18/22 OWNER REV. 2/15/22 OWNER REV. 2/22/22 VARIANCE 3/29/22 1 MAIN LEVEL PLAN 1/8" = 1'-011 A2.1 Drawn by: Author Checked by: Checker SHEET A1 .3 - ARCHITECT A3.5 --- A3.t Thuftedal Architects architecture + interiors 5504 MERRITT CIR EDINA, MN 55436 TEL 612-743-6225 thuftedal.com GENERAL CONTRACTOR TBD 36'-9 1/4" STRUCTURAL ENGINEER ALIGN structural Chirstian Soltermann PE 241 Cleveland Ave S., B7 St. Paul, MN 55105 BOOK SHELVES PROJECT Fiterman POCKET DOOR Addition and Remodel OFFICE 2234 Lee Ave. N Golden Valley, MN 55422 GALLERY 550sf+/- ARCHITECT'S STAMP LO I hearby certify that this plan,s fication,or report was prepared by me o r my supervision and that I am Licenced Architect under the I��f the State of Minnesota. •e 1 \ UP TO ROOF Signa Si B.gnature hI& IA License#44 57 A3,2 UPSTAIRS PLAN DIN IL Scale: 1/4" = 1'-0" Date: 3/29/22 SD plans 12/9/21 VARIANCE 1/18/22 OWNER REV. 2/15/22 OWNER REV. 2/22/22 1 SECOND FLOOR PLAN VARIANCE 3/29/22 Drawn by: Author Checked by: Checker SHEET A1 .5 A2.3 ARCHITECT 1 Thuftedal Architects architecture + interiors 5504 MERRITT CIR EDINA, MN 55436 e " � TEL 612-743-6225 0 thuftedal.com 0 A3.� d3.6 A3.5 0 GENERAL CONTRACTOR 0 TBD STRUCTURAL ENGINEER ALIGN structural Chirstian Soltermann PE 241 Cleveland Ave S., B7 St. Paul, MN 55105 / 1 \ PROJECT Fiterman A2.2 1 EXISTING ROOF BELOW EXISTING ROOF BELOW Addition and 1 A2.4 Remodel 2234 Lee Ave. N Golden Valley, MN 55422 ARCHITECT'S STAMP new high roof area ADDITIION BELOW Nearby certify that this plan,s fication,or g report was prepared by me o r my supervision and that I am Licenced _ Architect under the la�f the State of -- Minnesota. -e Ryan B.Thuft `IA Signature Q. U License#44 57 A3.3 ROOF PLAN Scale: 1/8" = 1'-0" EXISTING ROOF BELOW Date: 3/29/22 SD plans 12/9/21 VARIANCE 1/18/22 OWNER REV. 2/15/22 OWNER REV. 2/22/22 VARIANCE 3/29/22 Drawn by: Author Roof Plan 1 Checked by: Checker 1/8" = 1'-0" SHEET A2.1 A 1 .6 ARCHITECT Thuftedal Architects architecture + interiors 5504 MERRITT CIR EDINA, MN 55436 TEL 612-743-6225 thuftedal.com Allowable roof height if only one front yard setback used from GENERAL CONTRACTOR front door side. TBD +28'-0" max requested roof height very close to 25'-0" max. from main level averages the allowable with one front yard setback with three setbacks. max. flat roof height Roof Plan 25.36' 34' - 8" STRUCTURAL ENGINEER 2nd Ceiling ALIGN structural roof height allowed by current code which averages 32' - 8" Chirstian Soltermann PES., B7 Ave n 1 Cleveland the three front yard setbacks and dramatically drops the 24 24 Paul, la Ave allowable height. 21.36' over main level 5105 bo SECOND FLOOR PROJECT i' PLAN Fiterman 19' - 2" Addition and Remodel MAIN 1�LN�� 2234 Lee Ave. N Golden Valley, MN 55422 MAIN LEVEL PLAN � AN 9' - 4" ARCHITECT'S STAMP BASEMENT I hearby certify that this plan,s fication,or CE I LING report was prepared by me o r my supervision and that am Licenced - q 1 n Architect under the Ila f the State of U - Minnesota. •`` Ryan B.ThuftRIA JESBASEMENT LEVEL Signature Q. License 4 44 57 - !TO. LAN rend 0' 0" ELEVATIONS FOOTING -4' - 0" Scale: 1/8" = 1'-0" South Elevation Date: 3/29/22 U 1/8" = 1'-0" SD plans 12/9/21 VARIANCE 1/18/22 OWNER REV. 2/15/22 OWNER REV. 2/22/22 VARIANCE 3/29/22 Drawn by: Author Checked by: Checker SHEET A2 . 1 ^ . 1 ARCHITECT Thuftedal Architects 3 architecture + interiors 5504 MERRITT CIR EDINA, MN 55436 TEL 612-743-6225 Roof Plan thuftedal.com 2nd 34�,:,r$„ GENERAL CONTRACTOR 32' - 8" TBD STRUCTURAL ENGINEER ALIGN structural SECOND FLOOR Chirstian Soltermann PE PLAN 241 Cleveland Ave S., B7 St. Paul, MN 55105 MAIN' �2' PROJECT Fiterman r »a MAIN LBASEMENT Addition and CEI LI NG Remodel 8' - 111 2234 Lee Ave. N Golden Valley, MN 55422 BASEMENT LEVEL PLAN rend ARCHITECT'S STAMP 0' - 011 1 hearby certify that this plan,si4fication,or report was prepared by me o r my �+ supervision and that I am Licenced < _ T N V Architect under the law the State of T.O. FOO 1 _ Minnesota. •` -4' - 0" V Ryan B.ThuftRIA Signature 4V License 44 57 West Elevation U 1/8" = 1'-0" ELEVATIONS Scale: 1/8" = 1'-0" Date: 3/29/22 SD plans 12/9/21 VARIANCE 1/18/22 OWNER REV. 2/15/22 OWNER REV. 2/22/22 VARIANCE 3/29/22 Drawn by: Author Checked by: Checker SHEET A2 .2 ^ .^ ARCHITECT Thuftedal Architects architecture + interiors 5504 MERRITT CIR EDINA, MN 55436 TEL 612-743-6225 thuftedal.com GENERAL CONTRACTOR TBD Roof Plan 34' - 8" STRUCTURAL ENGINEER - 2nd Cellin ALIGN structural 32' - 8" Chirstian Soltermann PE 241 Cleveland Ave S., B7 St. Paul, MN 55105 - == t4 t t rti t4 t t rti ,srrir«rrrrrrrrrwvuywttart SECOND FLOOR PROJECT PLAN Fiterman 19' - 22 I Addition and 0 Remodel MAIN CLNG 2234 Lee Ave. N 17' - 2" Golden Valley, MN 55422 4i MAIN LEVEL PLAN 9' - 4" V ARCHITECT'S STAMP BASEMENT I hearby certify that this plan,s fication,or report was prepared by me o r my CEILING supervision and that I am Licenced 8' - 1" Architect under the I� f the State of MinnesotaRyan B. . •`` BASEMENT LEVEL Sgnaurehu�n' IA PLANjend License#44 57 - 0" ELEVATIONS T.O. FOOTING � -4' -- 0" I Scale: 1/8" = 1'-0" North Elevation Date: 3/29/22 U 1/8" = 1'-0" SD plans 12/9/21 VARIANCE 1/18/22 OWNER REV. 2/15/22 OWNER REV. 2/22/22 VARIANCE 3/29/22 Drawn by: Author Checked by: Checker SHEET A2 .3 ^ .3 ARCHITECT Thuftedal Architects architecture + interiors 5504 MERRITT CIR EDINA, MN 55436 TEL 612-743-6225 thuftedal.com GENERAL CONTRACTOR TBD Roof Plan 2 n d 34.:r. STRUCTURAL ENGINEER 32' - 8" ALIGN structural Chirstian Soltermann PE 241 Cleveland Ave S., B7 St. Paul, MN 55105 SECOND FLOOR PROJECT PLAN Fiterman MAIN19_-Z Addition and 17' - 2" Remodel 2234 Lee Ave. N Golden Valley, MN 55422 00 00 _MAIN LEVEL gLA4 ARCHITECT'S STAMP BAS E M EN ET+ I hearby certify that this plan,s fication,or C E I L I N report was prepared by me o r my supervision and that I am Licenced Architect under the lawf the State of 8' - 1" Minnesota -e Ryan B.Thuft AIA BASEMENT LEVEL Signature-Q. PLAN r License#44 57 end - - Or D,r _ ELEVATIONS T.O. FOOTING � -4' -- 0" ®' Scale: 1/8" = V-0" East Elevation Date: 3/29/22 U 1/8" = 1'-0" SD plans 12/9/21 VARIANCE 1/18/22 OWNER REV. 2/15/22 OWNER REV. 2/22/22 VARIANCE 3/29/22 Drawn by: Author Checked by: Checker SHEET A2.4 1 ARCHITECT A3.7 A3.6 A3.5 --- A3.8 Thuftedal Architects architecture + interiors 5504 MERRITT CIR EDINA, MN 55436 TEL 612-743-6225 Roof R4n—AL thuftedal.com 34' - 8" GENERAL CONTRACTOR 2nd Ceiling_ TBD 32' - 8" STRUCTURAL ENGINEER ALIGN structural Chirstian Soltermann PE 241 Cleveland Ave S., B7 St. Paul, MN 55105 PROJECT SECOND FLOOR Fiterman 19' - 2" PLA Addition and MAIN CLNG Remodel 17' - 2" 2234 Lee Ave. N Golden Valley, MN 55422 ARCHITECT'S STAMP I hearby certify that this plan,s fication,or report was prepared by me o r my supervision and that I am Licenced MAIN LEVEL PLAN_ Architect under the lawthe State of Minnesota. 9' - 411 Ryan B.Thuft IA Signature BASEMENT Signature 5 License#44 57 =1 CEILING 8' - 1" SECTIONS Scale: 3/16" = 1'-0" BASEMENT LEVEL e PLAN rend o' toll Date: 3/29/22 SD plans 12/9/21 T.O. FOOTING VARIANCE 1/1 /22 OWNER REV. 2/15/22 -4' - 0" OWNER REV. 2/22/22 VARIANCE 3/29/22 Cross Section 2 Drawn by: Author Checked by: Checker SHEET A3 .2 ARCHITECT Thuftedal --- Architects 1 1 architecture + interiors A3.3 A3.2 5504 MERRITT CIR EDINA, MN 55436 TEL 612-743-6225 thuftedal.com Roof Pjan—AL GENERAL CONTRACTOR 34' - 8" TBD 2nd Ceiling 32' - 8" STRUCTURAL ENGINEER ALIGN structural Chirstian Soltermann PE 1 241 Cleveland Ave S., B7 A3.1 St. Paul, MN 55105 ih 1 PROJECT A3.9 Fiterman SECOND FLOOR Addition and PLA 9 - 2 N Remodel 1 KITCHEN MAIN 1�LN2� 2234 Lee Ave. N Golden Valley, MN 55422 ARCHITECT'S STAMP _t hearby certify that this plan,s fication,or report was prepared by me o r my supervision and that I am Licenced Architect under the la�f the State of Minnesota. -`e y MAIN LEVEL PLAN S R an B.ThuftRlA ignatures. 9, _ 4„ License#44 57 BASEMENT SECTION CEILING 8' - 1 r1 Scale: 3/16" = 1'-0" s=BASEMENT LEVEL �R PLAN rend Date: 3/29/22 0' - oil P SD lans 12/9/21 f VARIANCE 1/18/22 OWNER REV. 2/15/22 v 3 � OWNER REV. /2 /22 T.O. FOOTING_�-4' - 0" VARIANCE /29/22 Mimi Drawn by: Author Longitudinal Section 1 Checked by: Checker �3/16" = 1'-0= 1'-0" SHEET A3 .5 1 ARCHITECT A3.2 Thuftedal Architects 1 - architecture + interiors A3.3 --- 5504 MERRITT CIR EDINA, MN 55436 Roof Plan TEL 612-743-6225 34' - 8" thuftedal.com 2nd Ceiling GENERAL CONTRACTOR 32' - 8" TBD STRUCTURAL ENGINEER 1 ALIGN structural A3.1 Chirstian Soltermann PE 241 Cleveland Ave S., B7 St. Paul, MN 55105 1 - A3.9 SECOND FLOOR PROJECT PLAN � Fiterman 19' - 2° MAIN CLNG 5 Addition and 7'-10.5" ceiling 17' -- 2° Remodel 2234 Lee Ave. N «III Golden Valley, MN 55422 II II — — — ARCHITECT'S STAMP ® I hearby certify that this plan,s fication,or MAIN LEVEL PLANreport prepared by r my enc supervision and that I am Licenced 9' 4n Architect under the laf the State of Minnesota. -e Ryan B.Thuft NIA Signature 10310 BASEMENT License#44 57 CEILING 8r - 1 n SECTION L3 Scale: 3/16" = 1'-0" BASEMENT LEVEL :PLAN rend Date: 3/29/22 T.O. FOOTINGAL SD plans 12/9/21 T -4' - 0° VARIANCE 1/18/22 OWNER REV. 2/15/22 OWNER REV. 2/22/22 VARIANCE 3/29/22 Longitudinal Section 3 U 3/16" = 1'-0" Drawn by: Author Checked by: Checker SHEET A3 .7 ARCHITECT 1 1 Thuftedal A3.2 A3.3 Architects architecture + interiors - 5504 MERRITT CIR EDINA, MN 55436 TEL 612-743-6225 RoofPjan-AL thuftedal.com 34' - 8" GENERAL CONTRACTOR TBD 2nd Ceiling 32' - 8" STRUCTURAL ENGINEER 1 ALIGN structural Chirstian Soltermann PE A3.1 241 Cleveland Ave S., B7 St. Paul, MN 55105 1 A3.9 SECOND FLOOR PROJECT PLAN AL Fiterman 19' -- 2" I Addition and Remodel 2234 Lee Ave. N M IN CLNG Golden Valley, MN 55422 17' - 2" ARCHITECT'S STAMP hearby certify that this plan,s fication,or report was prepared by me o my MAIN LEVEL PLAN � supervision and that am State v Architect under the la�f the State of 9' - 411 Minnesota -e _ Ryan B.Thuft RIA BASEMENT Signature Q. License#44 57 CEILING SECTIONS Scale: 3/16" = 1'-0" BASEMENT LEVEL PLAN rend 0' - 0" Date: 3/29/22 SD plans 12/9/21 T.O. FOOTIN VARIANCE 1/18/22 -4' - 0" OWNER REV. 2/15/22 OWNER REV. 2/22/22 VARIANCE 3/29/22 Longitudinal Section 4 U 3/16" = 1'-0" Drawn by: Author Checked by: Checker SHEET A3 .8 ARCHITECT Thuftedal Architects architecture + interiors 5504 MERRITT CIR EDINA, MN 55436 TEL 612-743-6225 thuftedal.com GENERAL CONTRACTOR ` TBD _ STRUCTURAL ENGINEER ALIGN structural Chirstian Soltermann PE 241 Cleveland Ave S., B7 St. Paul, MN 55105 I PROJECT Fiterman Addition and ° - Remodel NW CORNER AXON 2234 Lee Ave. N 1 NE CORNER AXON U Golden Valley, MN 55422 / r. �►- / ARCHITECT'S STAMP \' \ I hearby certify that this plan,s fication,or report was prepared by me o my ,� supervision and that I am Licenced Architect under the Il f the State of Minnesota. ` X \ / Ryan B.Thu�ft' RIA j Signature License#44 57 EXTERIOR AXONS 1 . Scale: Gpdq 6 WWo Iii li S,i Date: 3/29/22 SD plans 12/9/21 VARIANCE 1/18/22 OWNER REV. 2/15/22 OWNER REV. 2/22/22 VARIANCE 3/29/22 Drawn by: Author SE CORNER AXON SW CORNER AXON Checked by: Checker U SHEET A4 . 1 ARCHITECT Thuftedal Architects architecture + interiors 5504 MERRITT CIR EDINA, MN 55436 TEL 612-743-6225 I thuftedal.com GENERAL CONTRACTOR m TBD t � iNg STRUCTURAL ENGINEER M{ ALIGN structural j �a rm, as iv 91H5 G t' Chirstian Soltermann PE 241 Cleveland Ave S., B7 St. Paul, MN 55105 PROJECT Fiterman Addition and Remodel 2234 Lee Ave. N Golden Valley, MN 55422 I- _:. ARCHITECT'S STAMP I hearby certify that this plan,s fication,or report was prepared by me o r my ` supervision and that I am Licenced Architect under the la f the State of _ -- Minnesota. •e Ryan B.Thuft IA Signature Q. - _ License#44 57 VIEWS S VIEW Scale: U Date: 3/29/22 SD plans 12/9/21 VARIANCE 1/18/22 OWNER REV. 2/15/22 OWNER REV. 2/22/22 VARIANCE 3/29/22 Drawn by: Author Checked by: Checker SHEET A4 .2 ARCHITECT Thuftedal Architects architecture + interiors 5504 MERRITT CIR EDINA, MN 55436 TEL 612-743-6225 thuftedal.com GENERAL CONTRACTOR TBD STRUCTURAL ENGINEER ALIGN structural Chirstian Soltermann PE 241 Cleveland Ave S., B7 St. Paul, MN 55105 m " g PROJECT Fiterman Addition and T _ Remodel 2234 Lee Ave. N .F Golden Valley, MN 55422 ENTRY VIEW ARCHITECT'S STAMP UI hearby certify that this plan,s fication,or report was prepared by me o r my supervision and that I am Licenced Architect under the law the State of Minnesota. -`e Ryan B.Thuft RIA Signature 1, License#44 57 VIEWS Scale: 7777"- Date: 3/29/22 SD plans 12/9/21 - - VARIANCE 1/18/22 OWNER REV. 2/15/22 OWNER REV. 2/22/22 VARIANCE 3/29/22 Drawn by: Author Checked by: Checker U NORTH VIEW SHEET A4 .3 City of Golden Valley BZA Regular Meeting March 22, 2022—7 pm 4. Address: 2234 Lee Ave N Applicant: Amy and Miles Fiterman Requests: 9.5 feet off the required 35 feet to a total distance of 25.5 feet § 113-88, Single-Family Residential(R-1)Zoning District(f)(1)(a) Principal Structure Front Setback Chair Orenstein recused himself from this item due to a personal relationship with the applicant. Vice-Chair Carlson introduced himself and informed the applicant of the process. Myles Campbell, Planner, introduced the address, discussed the zoning designation as R-1, and the irregular lot shape. Staff laid out the four separate requests of the applicant: • 14.5 feet off the required 35 feet for the front setback, to a total distance of 20.5 feet • 5 feet off the required 15 feet for the east side setback, to a total distance of 10 feet • Waive building envelope requirements from side yard setback for a portion of the new addition • 4 feet over the maximum height of 28 feet as measured from the average grade of the home, to a total of 32 feet Staff discussed the city code requirements for each item, the proposed items as part of the applicant's addition, and displayed images of the home as it stands and as it would with the proposed addition. Staff went into detail on the setback requirements and discussed how they related to the irregular shape of the lot. Staff went on to discuss the building envelope and dissected the grade measurements to explain the envelope is calculated based on the average grade. Campbell displayed 5 grade points that were use to calculate and shared that the average grade of the first floor had an elevation of 854.84. This number shows the proposed addition is over the 28ft max for the building envelope. Practical Difficulties Front Setback 1. A 25' setback from the street is in line with previous variance approvals, and the new garage location on the cul-de-sac is a traffic improvement even with this being a low intensity road. This request is reasonable. The deck shown off the main level could be reworked to fall within this setback, rather than the 20.5' shown in plans. 2. The irregular frontage of the parcel creates unique challenges in designing for this lot. Staff believes the site does exhibit unique circumstances. 3. Given the existing 25' setback, staff believes the proposed use would not alter the essential character of the area. City of Golden Valley BZA Regular Meeting March 22, 2022—7 pm Side Setback 1. The existing home's orientation puts it at an angle to the side yard lot line, creating difficulty in maintaining a side setback without increasing the front setback. While the setback here is reduced, the addition is of reasonable scale given the existing home. 2. The irregular lot shape creates unique challenges in designing for this lot, especially given the existing orientation of the home. Staff believes the site does exhibit unique circumstances. 3. The majority of the side setback is preserved in the plans as shown, and the alternative would be to increase further the setback encroachment towards the street, staff believes the proposed use would not alter the essential character of the area. Building Envelope 1. Given the minimal encroachment into the envelope, and the fact that it would primarily be roof area that is intended to match the architectural finish of the home, staff finds the request reasonable. 2. The irregular lot shape creates unique challenges in designing for this lot. Staff believes the site does exhibit unique circumstances. 3. The rooflines as designed are intended to match the modern style of the existing home, as such, staff believes the proposed use would not alter the essential character of the area. Maximum Height 1. While the lower average grade limits overall building height, the second floor addition is shown with a floor to ceiling distance of 13.5', well above any minimums for habitable rooms under building code. A 4' increase in maximum building height is also a significant departure from code. Staff does not find the request reasonable. 2. The irregular lot shape creates unique challenges in designing for this lot. Staff believes this constitutes unique circumstances. That said, the calculation of average grade is being applied here similar to any other property in Golden Valley that faces a public street on multiple sides. In addition, the applicant's use of the site's topography to allow for a tuck under garage and basement addition are also having the impact of lowering the average grade calculation. 3. While the applicant notes in their plans that the structure would only appear 25' in height from the north and west, from the cul-de-sac it would instead be 34' in height total. This height would be atypical for single-family aoning, and staff believes the proposed use would impact the essential character of the area. Other Considerations Staff assesses whether the variance represents the smallest feasible variance or if there are other options available: • Scaling back the wrap-around deck would eliminate the need for any further reduction to the existing 25' front setback City of Golden Valley BZA Regular Meeting March 22, 2022—7 pm • Locating the bedrooms addition to the north of the home would avoid the need for a side setback variance while also potentially raising the average grade calculation due to the higher topography on the north side of the property o This would however mean the garage and curb cut would not be relocated to the cul-de- sac • Adjusting the roofline and ceiling height of the main level addition may eliminate or reduce the building envelope variance, however this might impact the architectural fit with the existing home • Reducing the floor-to-ceiling height of the second story addition would reduce or eliminate the maximum height variance. (9.5' floor-to-ceiling would require no variance) Recommendation Staff recommends denial of the variance for 14.5 feet off the required 35 feet, to a total distance of 20.5 feet from the southeast front property line — but staff would recommend approval of a variance for 10 feet off the required 35 feet, to a total distance of 25 feet from the southeast front property line. Staff recommends approval of the variance for 5 feet off the required 15 feet, to a total distance of 10 feet from the east side property line. Staff recommends denial of the variance for 4 feet over the allowed maximum height of 28 feet to a total distance of 32 feet from average grade. Staff recommends approval of the variance to waive the building envelope requirements for the portion of the garage/bedroom addition on the southeast side of the home. Staff recommends this building envelope approval be conditioned on the plans not being significantly altered prior to permitting. Staff and members discussed the request, reviewed regulations and discussed similar requests that came before the board in the past. Vice-Chair Carlson invited the applicant to speak. Ryan Thuftedal, Applicant Architect, introduced himself and stated the applicants are looking to expand their home to accommodate their family size as well as aging members who may move in. The applicant stated that the angle of the road to the house causes headlights to flood the home and so the addition was designed to assist in creating privacy inside while offering space the family needs. He added moving the garage is to create a safer situation in the cul-de-sac for traffic and exiting the garage. The applicant explained they created the design plans based on an average of points as if the home were on a regular lot. Additionally, the applicants like their high ceilings as the tall walls are used to City of Golden Valley BZA Regular Meeting March 22, 2022—7 pm display artwork and they would like to maintain the original open design of the home. The home owner added that his work is in artwork collection management, the size and height of the walls is necessary for his business. Lauren Pockl, Planning Commissioner, added that aesthetically the additional wall space seems unnecessary and asked what the impacts would be if the wall were 1-2 feet lower. The applicant responded that the main level would be below 14ft and it may feel out of character from the original design, additionally the homeowners need the wall space for artwork. Carlson asked about the deck size and setback encroachment. The applicant responded that the deck was built by the previous owners and the homeowner shared they decreased the size after storm damage. As part of the addition, they received support from the neighbors to increase its size. Vice-Chair Carlson opened the public comment portion at 8:55pm. Campbell reminded the group there was public comment in the packet, a number of neighbors voiced their support for the applicant's proposal. There were no in person comments. There were no call-in comments. Vice-Chair Carlson closed the public comment portion at 8:57pm. Pockl started by voicing support for staff recommendation on the envelope requirements as well as the side yard setback. The front yard setback and height requests are a little less straightforward. Carlson and Nelson echoed these comments. Nelson asked the applicant if they were comfortable asking for a smaller height variance. The applicant responded that the catalyst for this addition and remodel was to move their child's bedroom out of the basement as they have sliding glass doors on three sides. They included her room in the main level floor plan for safety precautions. Additionally, the height request is to accommodate the homeowner's business in art collection sales as well as their personal collection. Architecturally, the homeowner added he wanted to create a balance with the addition while maintaining the character of the home and neighborhood. Pockl added that she doesn't find satisfaction of all three practical difficulties when it comes to the height proposal, specifically that it's satisfying a problem unique to the property. Carlson added that other height options are available and the lot isn't unique in a way that requires a building height such as the one proposed. Nelson added the request doesn't satisfy the practical difficulties parameters that the Board adheres to. The applicant added that a typical home uses 3 data points t find an average grade, however due to the home being on an irregular lot, they use 5 data points. The applicant stated that seems burdensome and unique to the lot. The group moved on to the front set-back and added the 25ft setback is consistent with other determinations made. They discussed the deck, size, and conditions. MOTION made by Commissioner Pockl, seconded by Carlson to: City of Golden Valley BZA Regular Meeting March 22, 2022—7 pm a) recommend approval of a variance for 14.5 off the required 35 feet, to a total distance of 20.5 feet from the southeast front property line for the deck with the condition plans are consistent with those submitted; b) recommend approval of a variance for 10 feet off the required 35 feet, to a total distance of 25 feet from the southeast front property line. Motion passes. MOTION made by Nelson, seconded by Commissioner Pockl to recommends approval of the variance for 5 feet off the required 15 feet, to a total distance of 10 feet from the east side property line. Motion passes. MOTION made by Carlson, seconded by Nelson recommends denial of the variance for 4 feet over the allowed maximum height of 28 feet to a total distance of 32 feet from average grade. MOTION made by Commissioner Pockl, seconded by Carlson recommends approval of the variance to waive the building envelope requirements for the portion of the garage/bedroom addition on the southeast side of the home with the condition the plans not being significantly altered prior to permitting. Motion passes. 5. Adjournment MOTION made by Carlson, seconded by Orenstein and the motion carried unanimously to adjourn the meeting at 9:23 pm. Motion carried. Richard Orenstein, Chair Arnie Kolesar, Planning Assistant Review of Council Calendar Event Event Time Location MAY Thursday, May 19 Trivia Night Fundraiser for Struthers Parkinson's Center 5:30 PM Chester Bird Post 523 American Legion, 200 Lilac Dr N Building An Equitable Golden Valley Quarterly Conversation: 6:00 PM -7:15 PM Hybrid -City Hall Environmental Justice PRISM's Annual Taste of the 'Burbs 6:30 PM -8:00 PM Various Locations Saturday, May 21 Church of the Sacred Heart Celebrating Women-Owned Businesses Expo 10:00 AM -2:00 PM 4087 West Broadway Ave, Robbinsdale Thursday, May 26 Golden Valley Business Council Meeting 8:30 AM -9:30 AM Hybrid Brookview-Valley View Room Monday, May 30 City Offices Closed for Observance of Memorial Day JUNE Saturday,June 4 Haha Wakpadan Community Celebration 11:00 AM—2:00 PM Valley Community Presbyterian Church, 3100 Lilac Drive North Tuesday,June 7 Special City Council Closed Executive Session [TENTATIVE] 5:30 PM Manager's Conference Room City Council Meeting 6:30 PM Hybrid -Council Conference Room Tuesday,June 14 Council Work Session 6:30 PM Hybrid -Council Conference Room Wednesday,June 15 Public Safety Open House (Tentative Date) 6:00 PM -8:00 PM Fire Station 1 7800 Golden Valley Rd Friday,June 17 AM Show- 10:00 AM Breck School's Carlson Theatre- Kumbayah: The Juneteenth Story Live Play(two performances) Reception -5:30 PM 123 Ottawa Ave N PM Show-7:00 PM Sunday,June 19 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday,June 21 HRA Meeting 6:30 PM Hybrid - Brookview City Council Meeting 6:30 PM Hybrid - Brookview Thursday,June 23 Golden Valley Business Council Meeting 8:30 AM -9:30 AM Hybrid Brookview-Valley View Room Sunday,June 26 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus JULY Sunday,July 3 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Monday,July 4 City Offices Closed for Observance of Independence Day Tuesday,July 5 City Council Meeting 6:30 PM Hybrid -Council Chambers Sunday,July 10 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Monday,July 11 Ice Cream Social 7:00 PM -8:00 PM Brookview Park Tuesday,July 12 Special Council Training Session 4:30 PM -6:30 PM Council Conference Room Council Work Session 6:30 PM Hybrid -Council Chambers