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03-07-23 City Council Agenda - revised March 7, 2023 — 6:30 PM Council Chambers Hybrid Meeting 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.Roll Call 1C.Proclamation Recognizing the Rotary Club of Golden Valley for 50 Years of Service 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. 3A.Approval of City Council Minutes: 3A.1.Council Work Session Minutes of January 24, 2023 3A.2.Regular Council Meeting Minutes of February 21, 2023 3B.Approval of City Check Registers 3C.Licenses: 3C.1.Gambling License Exemption and Waiver of Notice Requirement - Interfaith Outreach and Community Partners 3D.Boards, Commissions, and Task Forces: 3D.1.Accept Resignation from the Planning Commission 3E.Bids, Quotes, and Contracts: 3E.1.Approve Contract for Sanitary Sewer Lining Repairs with Visu-Sewer, Inc. CITY COUNCIL REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. Remote Attendance/Comment Options: Members of the public may attend this meeting by watching on cable channel 16, streaming on CCXmedia.org, streaming via Webex, or by calling 1-415-655-0001 and entering access code 2451 389 8461. Members of the public wishing to address the Council remotely have two options: Via web stream - Stream via Webex and use the ‘raise hand’ feature during public comment sections. Via phone - Call 1-415-655-0001 and enter meeting code 2451 389 8461 . Press *3 to raise your hand during public comment sections. City of Golden Valley City Council Regular Meeting March 7, 2023 — 6:30 PM 1 3E.2.Approve Contract for Scheid Park Storm Sewer Replacement with Dave Perkins Contracting, Inc. 3E.3.Authorize Agreement for DeCola Ponds SEA School-Wildwood Park Flood Storage Project #20-27 with Rachel Contracting LLC 3E.4.Authorize Contract for Professional Services for Vegetative Maintenance with Restoration Environmental Services LLC 3E.5.Approve Equipment Lease Agreement for Electric Golf Cart GPS Equipment and Service 3E.6.Approve 2023-2024 Labor Agreement Between Sergeants Union (LELS Local #304) and the City of Golden Valley 3E.7.Approve 2023-2024 Labor Agreement between Administrative Support Staff Union (LELS Local #524) and the City of Golden Valley 3E.8.Approve Memorandum of Understanding between Patrol, Sergeants and Assistant Chiefs Unions (LELS Local #27, #304, #485) and the City of Golden Valley 3E.9.Approve Law Enforcement Services Agreement between Hennepin County Sherriff's Office and the City of Golden Valley 3F. Grants and Donations: 3F.1.Approve Resolution No. 23-013 Accepting Donation from the National League of Cities for Staff to Attend Training 3F.2.Approve Resolution No. 23-014 Accepting the Donation for a Park Bench to be Located at Lions Park Honoring Rob Pope 4. Public Hearing 4A. Approve Ordinance No. 759 - Rezoning Properties at Harold Ave, Winnetka Ave N, and Highway 55 to Achieve Conformance with the 2040 Comprehensive Plan 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. 6A. Review of Council Calendar 6B. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment City of Golden Valley City Council Regular Meeting March 7, 2023 — 6:30 PM 2 CITY OF GOLDEN VALLEY PROCLAMATION RECOGNIZING 50 YEARS OF SERVICE ROTARY CLUB OF GOLDEN VALLEY WHEREAS,the Rotary Club of Golden Valley is a member of Rotary International, an organization of business and professional people with more than 1.2 million members and 34,000 clubs worldwide; and WHEREAS,the Rotary Club of Golden Valley was founded in 1972; and WHEREAS,the Rotary Club of Golden Valley will be celebrating their 50th Anniversary on March 14, 2023; and WHEREAS,the Rotary Club of Golden Valley is a premier service club made up of leaders and doers who invest in the community, both locally and globally; and WHEREAS,the Rotary Club of Golden Valley has been, and continues to be, committed to improving the lives of people; and WHEREAS,we honor the enduring commitment of those who have given so unselfishly during these 50 years to provide humanitarian service, encourage high ethical standards in all vocations, and help build goodwill and peace throughout the world. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Golden Valley does hereby recognize and publicly thank the Rotary Club of Golden Valley for 50 years of service and proclaim our sincere appreciation to members, past and present, for their commitment and contributions to the community, both locally and globally. IN WITNESS WHEREOF,I, Shepard M. Harris, Mayor of the City of Golden Valley, have hereunto set my hand and caused the seal of the City of Golden Valley to be affixed on this 7th day of March, 2023. ___________________________ Shepard M. Harris, Mayor 3 January 24, 2023 —6:00 PM Brookview -Valley Room COUNCIL STRATEGIC PLANNING SESSION MINUTES Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson, Gillian Rosenquist and Kimberly Sanberg Staff Present: City Manager Cruikshank, Deputy City Manager/Human Resources Director Santelices, City Attorney Cisneros, Communications Director Weiler, Finance Director Virnig, Fire Chief Crelly, Parks and Recreation Director Birno, Police Chief Green, and Public Works Director Kieffer Mayor Harris started the planning session at 6:00 pm. 1.Welcome Activity 2.Affirmation of Statements and Values 3.Reflection and Review of 2022 4.Prioritization of 2023 Action Steps Council and staff worked through a process to determine direction and action steps for 2023. 5.Proposed Pyramid of Success The Council adjourned by unanimous consent at 8:30 p.m. _______________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa Schyma, City Clerk 4 February 21, 2023 —6:30 PM Council Chambers Hybrid Meeting CITY COUNCIL REGULAR MEETING MINUTES City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1.Call to Order Mayor Harris called the meeting to order at 7:03 p.m. 1A. Pledge of Allegiance and Land Acknowledgement Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land Acknowledgement statement. 1B. Roll Call Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson, and Gillian Rosenquist Absent:Council Member Kimberly Sanberg Staff present: City Manager Cruikshank, City Attorney Cisneros,Environmental Specialist Chirpich,and City Clerk Schyma 2.Additions and Corrections to Agenda Motion by Rosenquist, Second by M. Harris to approve the meeting agenda as submitted. Motion carried 4-0. 3.Consent Agenda Motion by La Mere-Anderson, Second by Rosenquist to approve the Consent Agenda as revised: removal of Item #3D.1. Appointments to Various Commissions; #3F.2. Approve Resolution No. 23- 011 Accepting the In-Kind Donation of $2,191.50 from Stan Waldhauser Photography; and #3F.3. Approve Resolution No. 23-012 Accepting a Donation for the GVPD Shop with a Cop outreach Event From James and Kathleen Johnson and the Golden Valley Crime Prevention Fund and a Donation for 2022 GVPD Awards Ceremony From the Golden Valley Crime Prevention Fund. Motion carried 4-0. 3A. Approval of City Council Minutes: 5 3A.1. Regular Meeting Minutes of 2022 - November 15, December 6 and 20 3A.2. Meeting Minutes of February 7, 2023 - Special City Council Meeting (commission interviews), Special City Council Meeting with Closed Executive Session, and Regular City Council Meeting 3A.3. Meeting Minutes of February 14, 2023 Special City Council Meeting (commission interviews) 3B. Approval of City Check Registers 3C. Licenses: 3C.1. Approve Multi-Family Rental Property Licenses for the period of March 1, 2023 through February 28, 2024. 3D. Boards, Commissions, and Task Forces: 3D.1. Appointments to Various Commissions 3D.2. Receive and File November 28, 2022 Environmental Commission Meeting Minutes 3E.Bids, Quotes, and Contracts: 3E.1. Approve Contract for City Hall Boiler Replacement Project with Uhl Company, Inc. 3E.2. Authorize the Mayor and City Manager to execute a construction services agreement with Versacon, Inc. in a form approved by the City Attorney for the 2023 Wesley Park Shelter Building Improvement Project 3F.Grants and Donations: 3F.1. Approve Resolution No. 23-010 Supporting Submittal of Application to Minnesota Pollution Control Agency for Minnesota GreenCorps Host Site 3F.2. Approve Resolution No. 23-011 Accepting the In-Kind Donation of $2,191.50 from Stan Waldhauser Photography 3F.3. Approve Resolution No. 23-012 Accepting a Donation for the GVPD Shop with a Cop outreach Event From James and Kathleen Johnson and the Golden Valley Crime Prevention Fund and a Donation for 2022 GVPD Awards Ceremony From the Golden Valley Crime Prevention Fund 3. Items Removed From the Consent Agenda: 3D.1. Appointments to Various Commissions Council Member Rosenquist thanked all applicants interested in serving on City commissions. Mayor Harris thanked Executive Assistant Olmo for her work coordinating the application, interview, and appointment process. Motion by Rosenquist, Second by M. Harris to appoint Scott Seys to the Open Space and Recreation Commission, Imara Hixon to the Diversity, Equity, and Inclusion Commission, and Pamela Wandzel to the Planning Commission. Motion carried 4-0. 3F.2. Approve Resolution No. 23-011 Accepting the In-Kind Donation of $2,191.50 from Stan Waldhauser Photography 6 Council Member Harris thanked Stan Waldhauser for the amazing photographic work that he donates to the City. Motion by M. Harris, Second by Rosenquist to adopt Resolution No. 23-011 Accepting the In-Kind Donation of $2,191.50 from Stan Waldhauser Photography. Motion carried 4-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson, Rosenquist. Opposed: N/A) 3F.3. Approve Resolution No. 23-012 Accepting a Donation for the GVPD Shop with a Cop Outreach Event From James and Kathleen Johnson and the Golden Valley Crime Prevention Fund and a Donation for 2022 GVPD Awards Ceremony From the Golden Valley Crime Prevention Fund Council Member Harris thanked James and Kathleen Johnson and members of the Golden Valley Crime Prevention Fund for their support of the Police Department and generous donations that helped fund these important events. Motion by M. Harris, Second by La Mere-Anderson to adopt Resolution No. 23-012 accepting donations for the GVPD Shop with a Cop outreach event and the 2022 GVPD awards ceremony. Motion carried 4-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson, Rosenquist. Opposed: N/A) 4.Public Hearing 5.Old Business 6.New Business 6A. Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. 6B. Mayor and Council Communications 1. Other Committee/Meeting updates 7.Adjournment The meeting was adjourned by unanimous consent at 7:25 p.m. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk 7 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 7, 2023 Agenda Item 3B. Approval of City Check Registers Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims again the City of Golden Valley. Document is located on city website at the following location: http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx? id=1000913&dbid=0&repo=GoldenValley The check register(s) for approval: 02-17-23 Check Register 02-24-23 Check Register Financial or Budget Considerations The check register has a general ledger code as to where teach claim is charged. At the end of the register is a total amount paid by fund. Legal Considerations Not Applicable Equity Considerations Not Applicable Recommended Action Motion to authorize the payment of the bills as submitted. 8 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 7, 2023 Agenda Item 3C.1. Gambling License Exemption and Waiver of Notice Requirement - Interfaith Outreach and Community Partners Prepared By Theresa Schyma, City Clerk Summary Interfaith Outreach and Community Partners, a nonprofit organization, has applied for a Gambling License Exemption to conduct gambling (raffle) at an event at the Metropolitan Ballroom, 5418 Wayzata Boulevard, on April 27, 2023. As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Legal Considerations This item does not require legal review. Equity Considerations Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create relationships within the community and make connections that can help provide unbiased programs and services to those in need. Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Interfaith Outreach and Community Partners to conduct gambling (raffle) at an event at the Metropolitan Ballroom, 5418 Wayzata Boulevard, on April 27, 2023. 9 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 7, 2023 Agenda Item 3D.1. Accept Resignation from the Planning Commission Prepared By Tara Olmo, Executive Assistant Summary Commissioner Pamela Wandzel has submitted their resignation from the Planning Commission. Legal Considerations N/A Equity Considerations N/A Recommended Action Motion to accept the resignation of Pamela Wandzel from the Planning Commission. 10 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 7, 2023 Agenda Item 3E.1. Approve Contract for Sanitary Sewer Lining Repairs with Visu-Sewer, Inc. Prepared By Tim Kieffer, Public Works Director Joe Hansen, Utility Maintenance Superintendent Summary The City contracts lining of sanitary sewer mainline to rehabilitate deteriorated pipes reducing blockages and Inflow and Infiltration. Staff routinely televises the City’s sanitary sewer system to evaluate conditions and identify issues. Staff proposes to line pipes in the poorest condition due to offset joints, root intrusion, and probability of failure. Quotes were received on February 27, 2023, to line 4,654 feet of sanitary sewer pipe. The results are listed below: H&M Underground Solutions, LLC $420,429.50 Hydro-Klean, LLC $178,210.27 Insituform Technologies USA, LLC $213,836.90 S.J. Louis Trenchless, LLC $239,965.75 Visu-Sewer, Inc.$162,391.35 Financial or Budget Considerations The 2023-2032 Water and Sanitary Sewer Capital Improvement Program (CIP) includes $150,000 for sanitary sewer lining (W&SS-078). Additional funding will come from the Sanitary Sewer operating budget (7122.6340) which has $65,000 dedicated for grouting and sealing. Legal Considerations The proposed project will be completed using the competitive low quote process. Equity Considerations Staff solicited quotes from fifteen contractors, including nine Disadvantaged Business Enterprises using the Minnesota Unified Certification Program database, and three community organizations that work with Minority and Women Business Enterprises. Recommended Action Motion to authorize the Mayor and City Manager to execute the Contract for Sanitary Sewer Lining Repairs with Visu-Sewer, Inc. in the form approved by the City Attorney. 11 Supporting Documents Contract for Sanitary Sewer Lining Repairs with Visu-Sewer, Inc. 12 1 CONTRACT FOR SANITARY SEWER LINING REPAIRS WITH VISU-SEWER, INC. THIS AGREEMENT is made this 7thday of March, 2023(the “Effective Date”) by and between Visu-Sewer, Inc., a pipe rehabilitation company located at 1010 Dale Street, North, St. Paul, MN 55117 (“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 sanitary sewer lining repair. B. The City desires to hire Contractor to repair sanitary sewers using cured-in-place pipe. 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 shallcomplete the Work to the satisfaction and approval of the City’s authorized agent according to the deadlines set forth in Exhibit A (the “Contract Time”). Contractor shall notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time. 3.Consideration.In consideration of the performance of the Work, the City shall pay to Contractor the amount set forth herein Exhibit C (the “Contract Price”). The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty (30) days after receiving a statement from Contractor. 13 2 4.Extra Work.Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 5.Contract Documents.The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary drawings, plans, specifications d. Other documents listed in this Agreement Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 6.Expense Reimbursement.Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 7.Approvals.Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 8.Protection of Persons and Property.Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall providereasonable 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. 9.Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done 14 3 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. 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 15 4 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’sfailure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractorfor 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 actionsof any kind,nature, or character; damages; losses; andcosts, 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: a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; 16 5 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. 17 6 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 inthe independent performance of the same or similar workfor 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. Contractoris 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.Contractorshall 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’sguests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by theCity’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 disclosefor 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 18 7 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. Contractoragrees 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, MinnesotaStatutes, Chapter 363A. Contractoragrees 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 Baumann, 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 Visu-Sewer, Inc. W230 N4855 Betker Drive Pewaukee, WI 53072 peteb@visu-sewer.com City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 tkieffer@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 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. 19 8 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. VISU-SEWER,INC.:CITY OF GOLDEN VALLEY: By: _________________________________ Pete Baumann, Project Manager By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager 20 EXHIBIT A SCOPE OF WORK 1.Sewer Lining Repair.The unit price bid per linear foot for lining sewers shall be considered compensation in full to line the pipe with a liner of the size and length specified in the Proposal. Liners shall be constructed with a resin impregnated tube. Each liner must be the full length of the area specified to be repaired. All costs associated with the installation to meet the following requirements shall be included in the bid price for sewer lining: A. Mobilization and site preparation. B. Televising and recording of sanitary sewer lines to be lined to determine existing conditions on a manhole-to-manhole basis. The recorded flash drive and written log of the pipeline shall be submitted to the Engineer two weeks priorto lining. Contractor shall stop the camera at each service lateral and pan and tilt the camera in order to inspect the lateral connection to the extent possible. C. Cleaning necessary to a condition for proper installation of the product. This shall include, but not limited to, removing all roots, protruding taps, mineral deposits,and loose pieces of pipe, as deemed necessary by the Engineer. D. Determine if existing service connections are active or inactive. E. Notification of affected residents including residents located downstream to the nearest manhole, at least 24 hours in advance of proposed lining installation, of limited or restricted usage of sewer lines. F. Install approved lining material within sanitary sewer in accordance with the manufacturer’s requirements, and as directed by the Engineer. Lining material must be continuously watertight from manhole to manhole except at service connections. G. Hydrophilic seal the ends of the liner in manholes to provide a watertight seal, approved by the Engineer, and eliminate infiltration from between the liner and the existing pipe. H. Grind and seal the edges of short lining segmentsthat do not go from manhole to manhole to provide a watertight seal to eliminate infiltration from between the liner and existing pipe and to help pipe flow. I.Flow control, including bypass pumping, if required. J.Reinstatement and reconnection of service connections, and as directed by the Engineer. K. Cleanup. L. Other appurtenant and incidental work. 2.Existing Pipe Condition.The sanitary sewer repair sites under this Agreement have been televised. The Proposal Form represents the probable work to be done at the various locations. The location of all work covered by the Proposal Form is shown herein Exhibit A. It is not the intent of this Section to attempt to cover the entire problem, or the extent of the Work that may be required to repair the sewer at each site. Copies of the video showing sewer defects may be obtained by contacting the Golden Valley Engineering Department at (763) 593- 8030. 3.Inspection. The City shall televise, and record lined sanitary sewer to determine the Work has been completed to specifications and to the satisfaction and approval of the City. 4.Pre-qualified Installers. Installers pre-qualified to do linings, defined as those areas where a lining is installed through the full length of the existing sewer between two adjoining manholes, are Infrastructure 21 Technologies, Inc., Insituform, Inc., Veit, Visu-Sewer, Inc. Lametti and Sons, Inc., Michels Pipe Services and Hydro-Klean LLC. 5.Installer Approval. All other contractors or subcontractors wishing to become prequalified to perform this portion of the Work must apply one (1) week before the quote deadline and shall submit to the Engineer for approval. A. A license or certificate from the manufacturer verifying their approval B. Evidence of the installer’s experience, including the number, total length and the locations of project installations to date using the proposed materials and methods C. Names and telephone numbers of owners where work of this nature was done by the proposed installer D. Detailed technical information pertaining to long-term design considerations of the product. The decision to accept or reject the applicant lies solely with the Engineer. 6.Previous Work. When requested by the Engineer, Contractor shall submit test results from previous field installations in the USA of the same resin system and tube materials as proposed for the actual installation. These test results must verify that the CIPP physical properties specified have been achieved in previous field applications. Testing samples for this project shall be made and tested at the Contractor’s expense. 7.Schedule.The Work shall be completed by October 1, 2023. 8.Location.The Location Maps herein Exhibit A identify the location of each repair. 22 23 EXHIBIT B SPECIAL CONDITIONS 1.Product Requirements.Cured-In-Place Pipe (CIPP) Liners shall meet the following product requirements. A. Resin i.The liner bag shall be impregnated with polyester resin for general chemical applications. The resin shall not contain fillers, except those required for viscosity control unless approved by the Engineer. Up to 5% by mass thixotropic agent, which will not interfere with visual inspection, may be added for viscosity control. The resin shall contain a pigment to enhance visual clarity for inspection with video equipment. ii.Epoxy resins may be required by Contractor, if conditions are deemed to warrant their use. B. Felt Content i.Content shall ensure cured thickness of liner as specified. ii.Thickness of cured liner to be as specified (+10%-4%), and shall not include thickness of polyurethane inner liner. C. Resin Content Shall be 10 to 15% by volume greater than volume of felt in the liner bag. D. The cured liner shall conform to the following minimal structure standards listed herein Standard Value Tensile Strength ASTM D638 3,000 psi Flexural Modulus of Elasticity ASTM D790 250,000 psi Flexural Strength ASTM D790 4,500 psi E. The fabric liner shall be fabricated to the size such that when installed, will fit the internal circumference of the pipe. Contractor shall allow for circumferential stretching during insertion for such sizing. F. Contractor shall certify that CIPP shall meet the chemical resistance requirements of ASTM F1216, Appendix X2. G. CIPP liner insertion shall be performed in accordance with the manufacturer’s recommendations, and in such a way to fully extend the tube to its termination point, hold the tube tight against the pipe wall, and produce dimples at service connections and flared ends at maintenance holes. Lubricants may be used as necessary. Care shall be taken so as not to over-stress the liner material. H. Temperature gauges shall be placed to determine the temperature of the incoming and outgoing water from the heat source. Another such gauge shall be placed inside the tube at the remote end to determine the temperature at that location during the cure cycle. Contractor shall supply a suitable heat source and water circulation equipment to deliver hot water throughout the section to be cured by means of a pre-strung hose to uniformly raise the water temperature above the temperature required to effectively cure the resin in accordance with the manufacturer’s recommendations. I.Contractor shall maintain the manufacturer’s recommended hydrostatic pressure and temperature throughout the curing process and for the duration recommended by the manufacturer. Compressible gases such as air or steam shall not be used. J.Initial cure shall be considered complete when the exposed portions of the pipe are hard and sound and the remote temperature sensor indicates that the temperature is high enough to create an exotherm. 24 K. Contractor shall slowly cool the hardened pipe liner in a temperature below 100 degrees F before releasing the hydrostatic pressure. Cool down may be accomplished by introducing cool water into the inversion standpipe to replace water drained from a small hole placed in the downstream end. Final pressure release shall be slow toavoid development of a vacuum in the newly formed pipe liner. L. A tight seal shall be achieved at the ends of the liner. If this is not achieved, then a seal must be achieved by applying a coating of a resin mixture compatible with the liner material at the manholes. M. Steam curing shall not be used unless Contractor meets the following qualifications. i.Contractor shall be licensed and certified by the manufacturer of the CIPP Lining process and have successfully completed at least 5 CIPP Lining Projects and aggregate length of at least 10,000, of which 2,000 linear feet must be greater than 9-inch pipe using steam curing. ii.Each installation crew must be directly supervised by a dedicated foreman having previously supervised the successful installation of at least 5 CIPP Lining Projects and aggregate length of at least 10,000, of which 2,000 linear feet must be greater than 9-inch pipe using steam curing. N. Contractor shall reopen branch connections to buildings without excavation using a remote- controlled cutting device monitored by a video television camera. Contractor shall certify they has a minimum of two (2) complete working cutter units plus spare key components on the site before each lining process begins. After the sewer lining is complete, Contractor shall re-establish all active service connections as soon as practical and before any adverse effect is experienced by the property owners. Contractor shall determine active services during pre-construction televising. If Contractor is unable to re-establish sewer service connections inside the pipe and excavation is necessary, the cost and liability of such excavation and claims from property owners shall be the responsibility of Contractor, including any additional landscaping,turf establishment, and restoration. O. Significant wrinkles, as determined by the Engineer, shall be cause for rejection of the liner. Rejected liners shall be completely removed and the pipes relined to provide a smooth pipe interior. The cost for all such removals and relining shall be borne by Contractor. P. Contractor shall warrant and save harmless the City against all claims for patent infringement and any loss thereof. 2.ASTM Provisions.All lining materials shall be in accordance with the provisions of ASTM. A. F1216 – Rehabilitation of Existing Pipelines and Conduits by Inversion and Curing of a Resin Impregnated Tube. B. D-3034 – Type PSM Poly (Vinyl/Chloride) (PVC) Sewer Pipe and Fittings. C. D-1248 – Specification for Polyethylene Plastics Molding and Extrusion Materials. D. F-1504 – Standard Specifications for Folded Poly (Vinyl Chloride) (PVC) Pipe for Existing Sewer and Conduit Rehabilitation. E. F1743-96 – Practice for Rehabilitation of Existing Pipelines and Conduits by Pulled-in- Place Installation of Cured-in-Place Thermosetting Resin Pipe (CIPP). F. D-1784 – Standard Specification for Installation of Deformed Poly (Vinyl/Chloride) and Chlorinated Poly (Vinyl/Chloride) Components. G. D-2122 – Method for Determining Dimensions of Thermoplastic Pipe and Fittings. H. D-3350 – Specifications for Polyethylene Plastics Pipe and Fittings Materials. 3.Product Submittals. Contractor shall submit the followingproduct information before the quote deadline. 25 A. Manufacturer’s product literature and application and installation requirements for materials used in the liner. B. Manufacturer’s product certification for materials used in the liner. C. Liner pipe thickness design (cured-in-place) signed by a Professional Engineer. See ASTM F1216 Section A.5. D. Liner pipe thickness design shall be in accordance with Appendix XI of ASTM F1216. In the liner thickness calculations, the minimum quality of the host pipe shall be five (5) percent, the enhancement factor (K) shall not be greater than 7.0; the minimum safety factor shall be 2.0; and the flexural modulus of elasticity shall be reduced to account for long-term effects and used in the design equation E1. The reduction shall be 75 percent for HDPE material, 65 percent for PVC material and 50 percent for cured-in-place pipe systems. E. No liner will be approved for installation until liner thickness calculations have been submitted and reviewed for conformance with the Specifications and installation requirements. F. Proposed plan for bypassing sewer signed by a Professional Engineer. G. The finished liner shall be fabricated from materials which, when cured, will be chemically resistant to withstand internal exposure to domestic sewage. 4.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. 5.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. 6.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 26 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. 7.Permits and Licenses.Contractor shall procure all permits and licenses as required, pay all charges and fees and give all notices necessary and incidentalto the due and lawful prosecution of the Work. 8.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. 9.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. 10.Mobilization (2021). The lump sum for mobilization is to include all aspects of the Work and shall include mobilization to all of the areas identified in the Location Map herein Exhibit A. 11.Access Points. It shall be the responsibility of the City to provide locations of all manhole access points. Contractor shall be responsible for making the manholes accessible for the Work. Any traffic control deemed necessary by the Engineer shall be provided by Contractor, and included in the lump sum price for Traffic Control. 12.Maintaining Flow.Contractor shall maintain flow at all times at all repair locations. Maintaining flow on all Sanitary Sewer repairs shall be considered incidental. 27 13.Clean Pipe Sewer. The unit prices bid for clean pipe sewer shall be considered compensation in full to clean pipe sewer, regardless of size, to a condition for proper installation of the repair product. This shall include, but not be limited to, removing all roots, protruding taps, mineral deposits and loose pieces of pipe, as deemed necessary by the Engineer. 14.Manhole Connections. Manhole connections shall be watertight, utilizing hydrophilic gaskets. 15.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. 16.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 34 th 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 34 th Ave N M. Rhode Island Avenue between 10 th Avenue and TH 55 N. Wayzata Boulevard all portions in Golden Valley City Limits O. Winnetka Avenue between TH 55 and I-394 P. Xenia Avenue South between Glenwood Avenue and I-394 Q. Zenith Avenue North between 26 th 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 28 17.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. 18.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. 19.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. 20.Manual References. The Specifications which apply to the Work shown in the Plans shall be as follows: A. Special Conditions herein Exhibit A and B. B. Standard Utilities Specifications for Watermain and Service Line Installation, Sanitary Sewer and Storm Sewer Installation, and Trench Excavation and Backfill/Surface Restoration, Revised 2018, 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 I, 1507 (Utility Property and Service) and Division I, 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. 21.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. 29 22.Measurement and Payment.Payment for all items for this project shall be by the unit price as stated herein Exhibit C. The estimated quantities on the Proposal form are for determination of the lowest cost for the Work. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the amount budgeted by the City. 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. 23.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. 30 EXHIBIT C PROPOSAL Contractor certifies that an examination has been made of the scope and location of work and proposes to furnish all necessary machinery, equipment, tools, labor and other means for the Work and to furnish all materials specified in the manner and at the time prescribed in the Contract Documents. Contractor understands that the quantities shown herein are approximate only and are subject to increase or decrease. Contractor further understands all quantities, whether increased or decreased, shallbe performed at the unit pricesbelow.The cost of hauling to the dumpsite and the cost of dumping material at the site shall be included in the prices bid for the equipment. Item Number Description Units Quantity Unit Price Total 2021.501 MOBILIZATION LS $4,650.00 $4,650.00 8” CIPP REPAIR LINING LF 163 $81.00 $13,203.00 9” CIPP REPAIR LINING LF 4,491 $31.85 $143,038.35 2563.601 TRAFFIC CONTROL LS $1,500.00 $1,500.00 TOTAL COST TO PROVIDE SERVICES FOR SANITARTY SEWER LINING REPAIRS $162,391.35 31 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 7, 2023 Agenda Item 3E.2. Approve Contract for Scheid Park Storm Sewer Replacement with Dave Perkins Contracting, Inc. Prepared By Tim Kieffer, Public Works Director Joe Hansen, Utility Maintenance Superintendent Summary The storm sewer in Scheid Park has deteriorated and needs to be replaced. Staff discovered the piping was in poor condition after it was difficult establishing skating rinks in the winter because water would drain through voids in the pipes. Additionally, sink holes may develop causing a hazardous condition if the storm system is not replaced. Replacing the storm sewer should be completed before other improvement within the park occur later this year. Staff solicited quotes for the work. The results are as follows: Belair Sitework Services $67,088.00 BKJ Excavation $49,685.00 Dave Perkins Contracting, Inc.$42,590.00 KLR Construction, Inc. $144,355.00 Valley-Rich Co, Inc.$53,049.00 Financial or Budget Considerations The 2023-2032 Storm Water Capital Improvement Program includes $150,000 for Storm Sewer Replacement (SS-06). The total repair cost is $42,590.00. Legal Considerations The proposed project will be completed using the competitive low quote process. Equity Considerations Staff solicited quotes from seventeen utility contractors, including thirteen Disadvantaged Business Enterprises using the Minnesota Unified Certification Program database, and three community organizations that work with Minority and Women Business Enterprises. 32 Recommended Action Motion to authorize the Mayor and City Manager to execute Contract for Scheid Park Storm Sewer Replacement with Dave Perkins Contracting, Inc. in the form approved by the City Attorney. Supporting Documents Contract for Scheid Park Storm Sewer Replacement with Dave Perkins Contracting, Inc. 33 1 CONTRACT FOR SCHEID PARK STORM SEWER REPLACEMENT WITH DAVE PERKINS CONTRACTING, INC. THIS AGREEMENT is made this 7thday of March2023(the “Effective Date”) by and between Dave Perkins Contracting, Inc., a water and sewer contractor located at 19745 Nowthen Boulevard Northwest, Nowthen, Minnesota 55303 (“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. Contractoris engaged in the business of excavatingto repairandreplacestorm waterconveyance infrastructure. B. The City desires to hire Contractor to repair or replace storm water conveyance infrastructure. 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 shallcomplete 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 shalltonotify the City in writing of any cause of delay of the Workwithin 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time. 3.Consideration.In consideration of the performance of the Work, the City shall pay to Contractor the amount set forth herein Exhibit C (the “Contract Price”). The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty (30) days after receiving a statement from Contractor. 34 2 4.Extra Work.Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 5.Contract Documents.The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary drawings, plans, specifications d. Other documents listed in this Agreement Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 6.Expense Reimbursement.Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 7.Approvals.Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 8.Protection of Persons and Property.Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 9.Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then 35 3 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. 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 36 4 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’sfailure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractorfor 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 actionsof any kind,nature, or character; damages; losses; andcosts, 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: a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; 37 5 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. 38 6 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 inthe independent performance of the same or similar workfor 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. Contractoris 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.Contractorshall 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’sguests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by theCity’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, materialsand 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 39 7 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 alldata 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. Contractoragrees 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.Contractoragrees 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 Rene Perkins, 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 Dave Perkins Contracting, Inc. 19745 Nowthen Boulevard Northwest Nowthen, MN 55303 rperkins@perkinscontractinginc.com City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 tkieffer@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 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. 40 8 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. DAVE PERKINS CONTRACTING,INC.:CITY OF GOLDEN VALLEY: By: _________________________________ Rene Perkins, President By: _________________________________ Shep Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager 41 EXHIBIT A SCOPE OF WORK 1.Work. The Work shall include all labor, equipment, and supplies necessary to repair or replace storm water conveyance infrastructure that includes corrugated metal pipe, precast catch basin, and other components. The Work shall include, but not limited to, excavation; removal and disposal of old corrugated metal pipe and catch basin; installation of new reinforced concrete pipe or corrugated HDPE pipe, precast catch basin, and other components; and backfill and compact the excavated trench. The Contractor shall furnish new reinforced concrete pipe or corrugated HDPE pipe, precast catch basin, and supplies necessary. 2.Schedule.The Work shall commence on March 20, 2023 and conclude before May 1, 2023. 3.Location. The Location Maps herein Exhibit A identifies the location of each repair. 42 43 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 ineligibleto 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 44 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 Workto promptly relocate, remove, or adjust such facilities. It is anticipatedthat 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. (See Exhibit A, Section 3 with regard to utility company schedule) 7.Mobilization. The mobilization shall be included in the base price in all aspects of Work and shall include mobilization to the area identified in the Location Map herein Exhibit A. No additional compensation will be considered for mobilization. 8.DOT Compliance. All of Contractor’s drivers performing work for the City must be in compliancewith 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. 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. 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 45 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. Traffic control and maintenance shall be included in the base price in all aspects of Work. No additional compensation will be considered for traffic control and maintenance. 13.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. 14.Manual References. The Specifications which apply to the Work shown in the Plans shall be as follows: A. Special Conditions herein Exhibit A and B. B. Standard Utilities Specifications for Watermain and Service Line Installation, Sanitary Sewer and Storm Sewer Installation, and Trench Excavation and Backfill/Surface Restoration, Revised 2013, as prepared by the City Engineers Association of Minnesota (CEAM) and published by the League of Minnesota Cities, St. Paul, Minnesota, except as modified or supplemented in these Special Conditions. The Standard Utilities Specifications are available from the Minnesota Society of Professional Engineers by calling 651.292.8860, or from the CEAM website at http://ceam.org/. C. The most current edition of the Minnesota Manual on Uniform Traffic Control Devices and its supplements. D. Division I, 1507 (Utility Property and Service) and Division I, 1512 (Unacceptable and unauthorized work) of the Minnesota Department of Highways Standard Specification for Construction, 2018 Edition and its supplements, shall apply, except as modified or supplemented herein. E. Division II (Construction Details) and Division III (Materials) of the Minnesota Department of Highways Standard Specification for Construction, 2018 Edition and its supplements, shall apply, except as modified or supplemented herein. 15.Measurement and Payment.Payment for all items for this project shall be by the unit price as stated herein Exhibit C. The estimated quantities on the Proposal form are for determination of the lowest cost for the Work. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the amount budgeted by the City. 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. 16.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 46 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. 47 EXHIBIT C PROPOSAL Contractor certifies that an examination has been made of the scope and location of work and proposes to furnish all necessary machinery, equipment, tools, labor and other means for the Work and to furnish all materials specified in the manner and at the time prescribed in the Contract Documents. Contractor understands that the quantities shown herein are approximate only and are subject to increase or decrease. Contractor further understands all quantities, whether increased or decreased, shallbe performed at the unit pricesbelow.The cost of hauling to the dumpsite and the cost of dumping material at the site shall be included in the prices bid for the equipment. Description Units Quantity Unit Price Total REPLACE 12” CMP LF 201 $45.00 $9,045.00 REPLACE 18” CMP LF 290 $50.00 $14,500.00 REPLACE 24” CMP LF 173 $65.00 $11,245.00 REPLACE 60” CATCH BASIN STRUCTURE LS 1 $7,800.00 $7,800.00 TOTAL COST TO PROVIDE SERVICES FOR STORM WATER REPAIRS $42,590.00 48 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 7, 2023 Agenda Item 3E.3. Authorize Agreement for DeCola Ponds SEA School-Wildwood Park Flood Storage Project #20-27 with Rachel Contracting LLC Prepared By Eric Eckman, Environmental Resources Supervisor Jeff Oliver P.E., City Engineer Summary The City applied and received funding from the Minnesota Department of Natural Resources (MnDNR) Flood Damage Reduction Grant Assistance Program to help fund the construction of a series of capital projects outlined in the Medicine Lake Road and Winnetka Avenue Area Long Term Flood Mitigation Plan. Building onto the construction of the Liberty Crossing flood storage, the first phase of the grant funded project was the DeCola Ponds B and C Improvement Project funded in part by the 2018 state bonding bill and completed in 2020. The next phase of the grant funded project is the SEA School-Wildwood Park Flood Storage Project. This project was included in the 2020 state bonding bill with an allocation of $1,300,000. The project is also included in the Bassett Creek Watershed Management Commission (BCWMC) capital improvement program and BCWMC is contributing a significant amount of funding. In September 2021, the City Council approved a cooperative agreement with the BCWMC and a professional services agreement with Barr Engineering Co to design and construct the SEA School- Wildwood Park Flood Storage Project. The project includes flood risk reduction, storm water quality treatment, pollinator habitat improvements, and recreation and educational opportunities that will benefit the community. More information can be found on the City's project webpage at https://bit.ly/3FJpv0s. In order to advance the City’s equity goals, complete work in the most efficient and cost-effective manner, and best meet the scheduling needs of the SEA School, the project has been separated into three smaller, more specialized contracts: flood storage at SEA School and Wildwood Park flood conveyance (storm sewer pipe replacement) between DeCola Ponds D and E restoration and vegetation establishment The flood storage contract was advertised for bids in February. Bids for the SEA School-Wildwood Park Flood Storage Project No. 20-27 were opened virtually on February 22, 2023. The following bids were 49 received: Contractor Base Bid Rachel Contracting, LLC $1,535,607.00 Peterson Companies $1,595,427.34 Veit & Company, Inc. $1,637,907.20 Frattalone Companies $1,640,327.80 Sunram Construction, Inc. $1,883,764.00 Max Steininger, Inc. $1,940,000.00 Low Bid: Rachel Contracting, LLC $1,535,607.00 Staff reviewed the bids and found them to be accurate and in order. Staff recommends awarding the flood storage contract to Rachel Contracting, LLC for the base bid amount of $1,535,607.00. Construction is expected to begin in spring 2023 and be completed in late summer 2023. The restoration project will be advertised for bids in spring 2023. Native seeding and planting will occur after construction is complete in late summer 2023. Vegetation establishment and management will continue for three growing seasons following planting. The flood conveyance project is anticipated to be advertised for bids in summer 2023 with work occurring in fall 2023. This work cannot begin until the flood storage project is completed and operational. Financial or Budget Considerations The cost estimate for the entire project (flood storage, conveyance, and restoration) is approximately $3,100,000. Based on funding allocated in the 2020 bonding bill, the DNR will provide $1,300,000 and the City and its partners will provide a local match of $1,300,000 plus any remaining funding to complete the project. There are no special assessments to residents. Following is an estimate of the funding sources for the project: MnDNR $1,300,000 BCWMC $1,300,000 Hennepin County $ 255,000 City of Golden Valley $ 245,000 Total $3,100,000 As is typical with collaborative projects like this one, project costs will be paid up front by the City and reimbursed by the MnDNR and its local partners on a regular basis, as project milestones are reached. The City’s portion of the project funding is included in the 2022 and 2023 CIP as follows: Stormwater SS-69 $110,000 Park Improvement P-002 $ 95,000 Park Improvement P-017 $ 40,000 Legal Considerations This agreement is in a form approved by the City Attorney. 50 Equity Considerations This contract was subject to a public bidding process open to all qualified contractors. Consistent with the City’s Equity Plan pillar, Economic Prosperity For All , the overall flood mitigation project was separated into three smaller contracts, which offers more opportunities to a wider array of contractors. Recommended Action Motion to authorize the Mayor and City Manager to execute an agreement with Rachel Contracting in the form approved by the City Attorney for the DeCola Ponds SEA School-Wildwood Park Flood Storage Project #20-27 in the amount of $1,535,607. Supporting Documents Project Location Map Agreement with Rachel Contracting 51 DecolaPond A DecolaPonds B & C Deco laPondE Deco laPond F Deco laPond D Golden Meadows Pond Medicine Lake Road Pond Dove r HillPondLiberty BasinSchoo l ofEngineeringand Arts Christia nLifeCenter Golden ValleyCemetery Canadian Pacific Railroad HampshirePark PennsylvaniaWoods WildwoodPark IsaacsonPark MadisonPond 456770 4567156 Wynnwood Rd 25th Ave N Bies DrJonellen Ln Sumter Ave NRhodeIslandAveNPatsy Ln Valders Ave NWinnetka Ave NDuluth St Green Valley Rd W esley Dr Archer Ave NKelly DrPennsylvania Ave NMadison Ave W Nevada Ave NLouisiana Ave NCo unty Rd 70 ValdersAve NValders Ave N23rd Ave N Rhode IslandAve NCounty Rd 156Medici ne La ke Rd SandburgLn Co unty Rd 70 San dbu rg Rd Winn etka He igh ts D rKelly D r Maryland A v eNQuebecAveNJ u lia nneTerOrklaDrValdersCtValdersAve NWinnetkaHeights Dr County Rd 156LouisianaAveNLiberty CrossingInfrastructureImprovement Project DeCola Ponds B & CImprovement Project SEA School /Wildwood ParkPotentialFlood Mitigation I 0 500 1,000250Feet Print Date: 4/7/2020Sources:-Hennepin County Surveyors Office for Property Lines (2020).-City of Golden Valley for all other layers.Location Map 52 FC - 1 CONTRACT NO. 20-27 AGREEMENT FOR SEA SCHOOL-WILDWOOD PARK FLOOD STORAGE PROJECT THIS AGREEMENT (this “Agreement”), entered into the 7th day of March 2023 between the City of Golden Valley (the “City”), a municipal corporation, existing under the laws of the State of Minnesota, and Rachel Contracting LLC a limited liability corporation under the law 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 SEA School-Wildwood Park Flood Mitigation Project (20-27) (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. 53 FC - 2 ARTICLE 3. Contract Price. The City shall pay the Contractor the Contract Price in current funds for the Contractor’s performance of the Contract. The Contract Price shall be $1,535,607, 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 $1,535,607 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 Rachel Contracting and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. Cancellation Prior to Execution.The City reserves the right, without liability, to cancel the award of the Contract at any time before the execution of the Contract by all parties. ARTICLE 9. Termination. The City may by written notice terminate the Contract, or any portion thereof, when (1) it is deemed in the best public, state or national interest to do so; (2) the City is unable to adequately fund payment for the Contract because of changes in state fiscal policy, regulations or law; or (3) after finding that, for reasons beyond Contractor’s control, 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. 54 FC - 3 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 RACHEL CONTRACTING LLC BY ITS 55 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 7, 2023 Agenda Item 3E.4. Authorize Contract for Professional Services for Vegetative Maintenance with Restoration Environmental Services LLC Prepared By Drew Chirpich, Water and Natural Resource Specialist Eric Eckman, Environmental Resources Supervisor Summary Staff requested proposals from qualified Native Plant Management contractors for professional services related to Restoration and Maintenance of Native Plant Communities adjacent to Golden Valley’s stormwater ponds, wetlands, and streams. The buffer areas maintained under this contract serve to improve water quality, ecological diversity, and provide habitat and food sources for wildlife, including pollinators like bees and butterflies. A location map is attached. The proposal includes integrated plant management, dormant mowing, and performing controlled burns. The contractor inspects each native buffer area during the growing season and performs maintenance on an as- needed basis to ensure efficient and effective management of the buffer areas. Staff received the following proposals that are listed below: Restoration Environmental Services, LLC $ 95,496 Stantec $ 102,952 The proposals were reviewed and determined to be accurate and in order. Proposals were scored based on experience/performance, equity, sustainability, price, and other factors. Restoration Environmental Services, LLC submitted the highest scoring proposal and was selected for the contract. The contract also includes an option for an annual extension of up to five years, depending on the performance of the contractor. Each extension request will be brought to council for consideration. Financial or Budget Considerations Funding for this work is included in 7303 Environmental Control and CIP Stormwater Section SS-75. Due to inflation, increasing demand for native landscapes, and other factors, quotes for the 2023 native plant management contract were higher than anticipated. Staff worked with the selected proposer to eliminate some of the proposed work items to reduce cost, resulting in a lower contract amount than the original proposal price. Despite the reduction in scope of work, staff will ensure these natural and beneficial areas are managed at a high level, reflecting the City’s continued investment over the past 20 years. Staff will further evaluate and prioritize these areas and propose any future funding adjustments as part of the upcoming Budget and CIP planning process. 56 Legal Considerations This agreement is in a form approved by the City Attorney. Equity Considerations This item follows the City's Equity Plan by sending the request for proposals to those in the DBE database, and by including equity items in the scoring criteria for the proposals. Recommended Action Motion to award the Contract for Professional Services to Restoration Environmental Services LLC, for the 2023 Golden Valley Restoration and Maintenance of Native Plant Communities in the amount of $84,914. Supporting Documents Project Location Map Buffer Maintenance Agreement with RES, Inc 57 CITY OF NEW HOPE CITY OF CRYSTAL CITY OF ROBBINSDALE CITY OF MINNEAPOLISCITY OF ST. LOUIS PARK CITY OF MINNEAPOLISCITY OFST. LOUIS PARKCITY OF ROBBINSDALECITY OF CRYSTAL CITY OF ST. LOUIS PARK CITY OF NEW HOPE CITY OF PLYMOUTHCITY OF MINNEAPOLISCITY OF ST. LOUIS PARKCITY OFPLYM OUTHWinnetka Ave SWinnetka Ave NWinnetka Ave NDouglas Dr NDouglas Dr NMedicine Lake Rd Glenwood AveMendelssohn Ave NPlymouth Ave N 10th Ave N 7thAve Boone Ave NWisconsin Ave NNevada Ave NGeneralMillsBlvdG o ld e n V alleyRdRhodeIslandSandburg Rd Betty CrockerDr WayzataBlvd Country Club Dr Harold Ave Laurel Ave Louisiana Ave SJersey AveFloridaAve SGolden Hills DrZane Ave NS Frontage Rd TurnersCrossroad NMeadow Ln NNoble Ave NHampshireAve SW ayza ta Blvd Zenith Ave NTheod o r eWirthPkwyDecatur Ave NWayza t a Blvd Duluth St G o l d e n ValleyRd AveNG o l d e n Valley Rd Pennsylvania Ave SWayzataBlvd XeniaAveSOlson Memorial HwyN Frontage Rd Lilac Dr N456766 456770 456766 456740 456740 4567156 4567102 §¨¦394 §¨¦394 Æÿ55Æÿ55 Æÿ100 Æÿ100 £¤169 £¤169 2 7 29 8 4 6 11 16 2030 21 12 36 13 22 27 23 5 19 31 9 17 26 33 3 18 15 32 14 10 1 35 28 25 34 24 Vegetated BufferMaintenance 0 1,800 3,600900 Feet IPrint Date: 1/25/2023Sources:-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers. Managed Buffer 1 Adeline Nature Area 2 Bassett Creek Nature Area 3 Bassett Creek and Winnetka 4 Boone Ave Pond and Berm 5 Briarwood Nature Area 6 Briarwood-Dawnview Pond 7 Brookview Park Ponds 8 General Mills Nature Preserve 9 Golden Meadows Pond 10 Golden Ridge Pond 11 Golden Hills Pond 12 Hampshire Pond 13 Madison Pond 14 Meadow Lane Woods Pond 15 Minnaqua Pond and Creek 16 Minnaqua Wetland 17 North Tyrol Park 18 Perry Ave Pond 19 Regent and Westbend 20 Scott Ave Pond 21 Schaper Park 22 South Tyrol Pond 23 Sweeney Branch Streambank 24 Winnetka and Hwy 55 25 Xenia Avenue Pond and Wetland 26 St Croix Trail 27 Honeywell Pond 28 Paisley Park Rain Garden 29 Brookview Ponds N and O 30 The Liberty 31 Talo Pond 32 Brookview Community Center 33 Brookview Driving Range 34 Olympia Filtration Basin 35 Georgia Pond 36 DeCola Ponds B and C 58 4 CONTRACT FOR LOCAL IMPROVEMENT THIS AGREEMENT (this “Agreement”), entered into the 7th day of March 2023 between the City of Golden Valley (the “City”), a municipal corporation existing under the laws of the State of Minnesota, and RES Great Lakes, LLC dba Applied Ecological Services, a limited liability company, under the laws of Minnesota (“Contractor”). ARTICLE 1. The Contract Documents. The Contract Documents consist of: this Agreement, Exhibit A, 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 Native Vegetation Maintenance (#23-12) (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. 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 $84,914, 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. 59 5 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 $84,914 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 RES Great Lakes, LLC, and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. Cancellation Prior to Execution. The City reserves the right, without liability, to cancel the award of the Contract at any time before the execution of the Contract by all parties. ARTICLE 9. Special Assessment Contingency. The City’s obligation under this contract is contingent upon the availability of appropriated funds, including funds derived from special assessments, from which payment for contract purposes can be made. The City shall not be legally liable for any payment under this Agreement unless the special assessment appeal period under Minn. Stat. § 429.081 has passed and no appeals have been received. ARTICLE 10. Termination. The City may by written notice terminate the Contract, or any portion thereof, when (1) it is deemed in the best public, state or national interest to do so; (2) the Special Assessment contingency has not been met; (3) the City is unable to adequately fund payment for the Contract because of changes in state fiscal policy, regulations or law; or (4) after finding that, for reasons beyond Contractor’s control, Contractor is prevented from proceeding with or completing the Work within a reasonable time. In the event that any Work is terminated under the provisions hereof, all completed items or units of Work will be paid for at Contract Bid Prices. Payment for partially completed items or units of Work will be made in accordance with the Contract Documents. Termination of the Contract or any portion thereof shall not relieve Contractor of responsibility for the completed Work, nor shall it relieve Contractor’s Sureties of their obligations for and concerning any just claims arising out of the Work. ARTICLE 11. No Discrimination. Contractor 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. Contractor agrees to comply with the Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. 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 60 6 individuals with disabilities to participate in all Services 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. 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: RES GREAT LAKES, LLC dba APPLIED ECOLOGICAL SERVICES BY ITS 61 EXHIBIT A #23-12 Native Vegetation Maintenance 2/15/2023 ITEM #DESCRIPTION UNITS EST QTY BID PRICE AMOUNT INTEGERATED PLANT MANAGEMENT (IPM) 1 ADELINE NATURE AREA IPM EA 2 407.00$ 814.00$ 2 BASSETT CREEK NATURE AREA IPM EA 3 3,136.00$ 9,408.00$ 3 BASSETT CREEK & WINNETKA IPM EA 3 345.00$ 1,035.00$ 4 BOONE AVE POND & BERM IPM EA 3 719.00$ 2,157.00$ 5 BRIARWOOD NATURE AREA IPM EA 3 592.00$ 1,776.00$ 6 BRIARWOOD-DAWNVIEW PARK IPM EA 3 544.00$ 1,632.00$ 7 BROOKVIEW PARK PONDS IPM EA 3 1,273.00$ 3,819.00$ 8 GENERAL MILLS NATURE PRESERVE IPM EA 3 2,655.00$ 7,965.00$ 9 GOLDEN MEADOWS POND IPM EA 2 360.00$ 720.00$ 10 GOLDEN RIDGE POND IPM EA 2 420.00$ 840.00$ 11 GOLDEN HILLS POND IPM EA 2 883.00$ 1,766.00$ 12 HAMPSHIRE POND IPM EA 3 536.00$ 1,608.00$ 13 MADISON POND IPM EA 3 689.00$ 2,067.00$ 14 MEADOW LANE WOODS POND IPM EA 3 259.00$ 777.00$ 15 MINNAQUA POND & CREEK IPM EA 3 476.00$ 1,428.00$ 16 MINNAQUA WETLAND IPM EA 3 942.00$ 2,826.00$ 17 NORTH TYROL PARK IPM EA 2 675.00$ 1,350.00$ 18 PERRY AVE POND IPM EA 3 332.00$ 996.00$ 19 REGENT & WESTBEND BUFFERS IPM EA 3 966.00$ 2,898.00$ 20 SCOTT AVE POND IPM EA 3 737.00$ 2,211.00$ 21 SCHAPER PARK IPM EA 3 1,202.00$ 3,606.00$ 22 SOUTH TYROL POND IPM EA 3 497.00$ 1,491.00$ 23 SWEENEY BRANCH STREAM BANK EA 1 749.00$ 749.00$ 24 WINNETKA & HWY 55 EA 3 428.00$ 1,284.00$ 25 XENIA AVE POND & WETLAND IPM ST.EA 3 1,282.00$ 3,846.00$ 26 ST. CROIX PARK STREAM BANK IPM EA 3 760.00$ 2,280.00$ 27 HONEYWELL POND IPM EA 2 843.00$ 1,686.00$ 28 PAISLEY PARK RAIN GARDEN IPM EA 2 315.00$ 630.00$ 29 BROOKVIEW PONDS N & O IPM EA 3 1,300.00$ 3,900.00$ 30 THE LIBERTY IPM EA 3 965.00$ 2,895.00$ 31 TALO POND IPM EA 3 488.00$ 1,464.00$ 32 BROOKVIEW COMMUNITY CENTER EA 2 491.00$ 982.00$ 33 BROOKVIEW DRIVING RANGE EA 2 587.00$ 1,174.00$ 34 OLYMPIA FILTRATION BASIN EA 3 705.00$ 2,115.00$ 35 GEROGIA POND EA 3 284.00$ 852.00$ 36 DECOLA PONDS B AND C EA 3 1,436.00$ 4,308.00$ 81,355.00$ DORMANT SITE MOWS 37 OLYMPIA -MOW EA 1 647.00$ 647.00$ 38 HONEYWELL POND- MOW EA 1 708.00$ 708.00$ 1,355.00$ CONTROLLED BURNS 39 BRIARWOOD- DAWNVIEW POND- BURN EA 0 1,663.00$ -$ 40 GENERAL MILLS NATURE PRESERVE- BURN EA 0 2,785.00$ -$ 41 MINNAQUA POND AND CREEK -BURN EA 0 1,439.00$ -$ 42 MINNAQUA WETLAND - BURN EA 0 1,968.00$ -$ 43 PERRY AVE POND - BURN EA 0 1,332.00$ -$ 44 XENIA AVE POND AND WETLAND -BURN EA 1 2,204.00$ 2,204.00$ 2,204.00$ TOTAL:84,914.00$ 62 EXECUTIVE SUMMARY Parks & Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 7, 2023 Agenda Item 3E.5. Approve Equipment Lease Agreement for Electric Golf Cart GPS Equipment and Service Prepared By Sheila VanSloun, Parks & Recreation Administrative Assistant Ben Disch, Brookview Golf Manager Rick Birno, Parks & Recreation Director Summary The electric golf carts are designed to provide GPS services on each cart. The GPS service has become prevalent for golf carts and an expectation for groups and corporate outings. The service provides opportunities to dramatically increase course and parking lot safety, patron information updates, golf course layout/hole information, advertising and facility information. In addition direct GPS communication provides weather alerts, a location finder, battery power notifications, pace of play notifications, security for each cart and increased efficiency for food and beverage service delivery. Staff is recommending leasing the equipment and signing a service agreement for four years. Agreement includes all the GPS equipment, installation, programming, training, technical assistance, program updates and replacement in the event of product failure. The monthly fee for the GPS program is $5,454 and is payable over the six month annual golf season. The total annual expense is $32,724. Financial or Budget Considerations Funds have been budgeted in the 2023 Brookview Golf maintenance rental budget for the GPS golf cart lease program. Legal Considerations Lease agreement reviewed and approved by the City Attorney. Equity Considerations Providing unbiased programs and services through infrastructure that supports and advances diversity, equity, and inclusion in all Golden Valley parks. Recommended Action Motion to authorize the Mayor and City Manager to execute a Lease Agreement approved by the City Attorney with Club Car, LLC for the annual amount of $32,724. Supporting Documents 63 Lease Agreement for Electric Golf Cart GPS Equipment and Service 64 Date: February 6, 2023 Dear Customer: In executing the enclosed documents, please carefully observe the following items: 1.Ensure that your company’s legal name and Tax ID appear correctly. 2.Invoices will be sent through email, please ensure that the appropriate billing contact name and billing email are listed correctly. 3.For each signature block, please have an authorized party (corporate officer, partner, owner) sign and date. 4.Please consult with your Club Car representative prior to making any changes. 5.Payments. It is essential to review the payment terms to understand when Payments are due including any Security Deposits or advance payments. 6.We have provided an automatic bank draft form to enroll in electronic funds transfer of the monthly payment amounts. To enroll, please complete the EFT form and enclose a voided check. 7.Insurance coverage is required. Please contact your insurance agent to request that a Certificate of Insurance according to the enclosed instructions. The insurance agent should forward the certificate to Club Car as soon as possible. 8.If you are claiming a sales tax exemption, a valid certificate must be completed, signed and returned to Club Car. Electronic copies are sufficient and may be sent to sar-pmg@clubcar.com. Acceptance and scheduling of your order can take place once we have received all of the signed documents. Thank you, we appreciate your business! Club Car, LLC 65 Equipment Rental Agreement Issued Date:February 6, 2023 1 (9) Customer Information Full Legal Name ( “Customer”) City of Golden Valley Course Name Brookview Golf Course Equipment Location/ City/ County/ State/ Zip 200 Brookview Parkway, Golden Valley, MN 55426 Type of Organization Municipality Billing Address/ City/ County/ State/ Zip (if different) Attn: Accounts Payable, 7800 Golden Valley Road, Golden Valley, MN 55427 Organization Jurisdiction Minnesota Billing Contact Name Title Ben Disch Operations Manager Billing Email: bdisch@ci.golden-valley.mn.us Phone: (763) 512-2315 Tax Identification Number 41-6005190 Course Information # Holes 18 Golf Car Make/Model/Year/Power/Motor Controller (60) Club Car Precedent – electric (1) Club Car Café Express - gas Installation Type Field Equipment Quantity Equipment Description Selected Options: 61 Visage Display Installed on Vehicle None Included Standard Connectivity Module Included Car Control Module Included Car Tracking Module Included Golf Experience Module See attached Exhibit A for a detailedfeature set description. Term and Payments Term (Months) 48 Payment: $5,454.00 plus tax (USD) # Security Deposit 0 Payment Months (X indicates payment month) J F M A M X J X J X A X S X O X N D Seasonal payments are due in the months May, June, July, August, September, and October; no payments due in the off season months November – April. TERMS AND CONDITIONS 1.System. Customer shall rent a mobile golf information system comprised of the equipment listed above enabled with the selected modules further described on Exhibit A (the “System”). 2.Term. The term of this Agreement (including any extensions hereto, the “Term”) shall commence on the Effective Date and run for a term of forty-eight (48) months from the “Date of Completion” (the date Customer accepts installation of the System). The Term of this Agreement shall be extended at the conclusion of the initial Term for additional one-year Terms unless terminated by either party upon not less than 90 days written notice prior to the conclusion of the then current Term. 3.Payments. Customer shall make all Payments stated in this Agreement according to the payment terms above beginning on the Date of Completion. CCL requires one Payment as a security deposit in advance with return of this signed Agreement. The security deposit will be applied at the end of the initial or any extension term, provided Customer has satisfied all payment and equipment return obligations. Customer shall enroll in the automatic payment plan to have all Payments made through electronic funds transfer (“EFT”) for the Term. CCL will draft the first month’s Payment through EFT upon the Date of Completion. If Customer is restricted or otherwise declines to enroll in EFT, the first month’s Payment is due in advance in addition to the security deposit. If the Date of Completion is between the 1 st and 15th day of the month, all Payments will be due on the 15 th day of each month. If the Date of Completion is between the 16 th and the last day of the month, all Payments will be due on the 1st day of each month. All amounts payable under this Agreement are payable at CCL’s address below or at such other address as CCL may specify in writing from time to time. Time is of the essence for all obligations arising hereunder. 4.Taxes and Insurance. Customer is required to provide and maintain insurance related to the System, and to pay any property, use and other taxes related to this Agreement or the System. (See sections 7 and 12.3 on the following pages). If Customer is tax-exempt, Customer agrees to provide satisfactory evidence of exemption. 5.Installation. CCLshall deliver and install the System at the equipment location listed above. 6.Maintenance Service. CCL shall provide maintenance service based on the Service Terms and Conditions, set forth in Exhibit B, for a period beginning with the Date of Completion and ending at the conclusion of the Term. SEE THE FOLLOWING PAGES FOR ADDITIONAL TERMS AND CONDITIONS THIS AGREEMENT, EFFECTIVE AS OF THE DATE BELOW, IS BY AND BETWEEN CCL AND CUSTOMER AND IS SUBJECT TO THE TERMS AND CONDITIONS PRINTED ON THIS AND THE FOLLOWING PAGES, WHICH PERTAIN TO THIS AGREEMENT AND WHICH CUSTOMER ACKNOWLEDGES HAVING READ. THIS AGREEMENT IS NON- BINDING UNTIL ACCEPTED BY CCL. CUSTOMER CERTIFIES ALL ACTIONS REQUIRED TO AUTHORIZE THE EXECUTION OF THIS AGREEMENT, INCLUDING CUSTOMER’S AUTHORITY HAVE BEEN FULFILLED. ACCEPTANCE OF THIS AGREEMENT IS SUBJECT TO FINANCIAL QUALIFICATION AND CREDITWORTHINESS OF CUSTOMER. CUSTOMER SHALL PROVIDE A CREDIT APPLICATION AND FINANCIAL STATEMENTS AS REQUESTED BY CCL. THIS AGREEMENT SHALL EXPIRE AND BE OF NO FORCE AND EFFECT IF NOT EXECUTED BY BOTH PARTIES WITHIN 30 DAYS AFTER THE ISSUED DATE ABOVE. Club Car,LLC (“CCL”) 1074 N. Orange Ave., Sarasota, Florida, 34236 CUSTOMER City of Golden Valley Authorized Signatory X Authorized Signatory X Print Name and Title Effective Date Print Name and Title Date 66 (Equipment Rental Agreement Terms and Conditions Continued) 7.Taxes. All Payments made under this Agreement shall be net to CCL. Customer shall pay all taxes, tax pass along, assessments, and any sales, use, personal property, privilege, value-added taxes, import duties, excise taxes and import brokerage fees incurred in connection with the System or otherwise with respect to this Agreement. If the System is subject to personal property tax, CCL shall have the option to bill and collect these charges when assessed or to establish a personal property tax account ("PPTA"). If a PPTA is established, CCL shall bill Customer and Customer shall pay CCL a monthly assessment based on the average annual assessment charges in the State in which the System is located. CCL shall have the right to change the monthly assessment based on the actual annual assessment. At the expiration of this Agreement, Customer shall pay us for any deficiency in the PPTA. If, at the expiration of this Agreement, there are any excess funds in the PPTA, CCL shall pay that amount to Customer. Ownership. CCL is the owner and has title to the System. The only right, title or interest Customer shall have in the System shall be under the terms of this Agreement. This is a rental of personal property and Customer agrees to do everything necessary or reasonably requested by CCL to ensure that the System shall be considered and remain personal property. Customer shall, at its own expense, keep the System free and clear of all liens, charges, claims and other encumbrances. CCL may encumber, sell, lease, or otherwise finance the System, although such actions will not relieve CCL of its obligations under this Agreement. Customer agrees to execute and deliver from time to time as requested any document necessary or desirable to evidence CCL’s or its assigns ownership of and all rights to the System. CCL or its assigns may, upon notice to Customer, enter onto Customer’s property and remove the System following the termination of this Agreement or at any other time authorized by this Agreement or by law. Without limiting the generality of the foregoing, to secure Customer’s payments under this Agreement, Customer agrees to give CCL a security interest in the System and all additions, attachments, updates, accessories and substitutions to it. Customer agrees to any assignment of that security interest. Software License. Customer understands that CCL does not sell its software. For the Term, CCL grants Customer a nontransferable, non-exclusive license to use the software only in conjunction with the System and only as expressly authorized in this Agreement. “System Software” means standard system software included with the System provided to Customer. Customer shall (i) hold System Software in confidence and not disclose it to anyone other than its employees and consultants who require disclosure in connection with Customer’s use of the System and who are subject to confidentiality obligations in substance at least as strict as these, (ii) not print, copy, modify, translate, alter, reverse compile, decompile or reverse engineer System Software, (iii) not remove any CCL copyright, trademark or other proprietary notice from System Software and shall reproduce all such notices on copies made by Customer, and (iv) not transfer System Software or assign any license or rights regarding the System Software. Force Majeure. CCL shall not be liable for any interruption in service, delay in the delivery, or disruption of performance of the System resulting from any cause beyond its reasonable control or caused by acts of God, acts of Customer, acts of civil or military authorities, fires, strikes, floods, epidemics, governmental rules or regulations, war, riot, delays in transportation, or shortages. Delinquency Charges. Payments not paid by 5 days after the Payment due date are subject to a late payment fee of ten percent (10%) of the Payment amount and subject to interest at the rate of two percent (2%) per month, or the maximum percentage allowed under applicable laws, whichever is less. Should any fee paid by Customer under this Agreement result in interest in excess of themaximum lawful rate, then such excess shall be automatically credited to Customer. Customer Responsibilities. Customer hereby agrees to the following responsibilities as a part of this Agreement: 8. 9. 10. 11. 12. 12.1.Customer agrees to store safely and properly secure the System in a reasonably safe area protected from the weather when not in use. At all times, Customer shall use and operate the System in a careful manner, in compliance of all applicable laws and in compliance of any maintenance or operating manuals and instructions provided by CCL. Customer shall not use or operate the System in a manner that may subject it to depreciation above the normal depreciation associated with its specified use. Customer acknowledges and agrees that it will not allow any repairs to the System or the replacement of System parts to be done by any person except CCL or persons authorized by CCL. Customer shall not make any additions, subtractions or alterations affecting the System without the written consent of CCL. Customer shall use reasonable efforts not to permit any System to be abused by an employee, vandalized by any third party, permit the removal of any plate or markings put on the System by CCL, or attach anything to or remove anything from the System. Customer shall not install software unauthorized by CCL on the System. Customer assumes responsibility for all risk of loss to the System and all of its components from the time any of the components arrive at the Customer’s premises. Customer shall procure “All Risk” property loss (personal business property & equipment) and general public liability insurance covering the system and its use and shall name Club Car, LLC and its assigns as additional named insured and loss payee. Customer shall provide CCL with certificates or other evidence of insurance, acceptable to CCL, before this Agreement Term begins.If Customer does not procure the insurance required, CCL may obtain such insurance and pay the amounts due thereon. Customer will reimburse CCL, upon demand, for the amount of such payment or cost of such performance. Even if the System is damaged, lost or stolen Customer shall fulfill all of its obligations hereunder. If requested, Customer will reasonably cause third-parties to execute any leasehold or other waivers regarding the attachment of the System components to any car, maintenance vehicle, or other attachment to real or personal property on the premises. At the termination of this Agreement, in case of default, if not extended, or otherwise modified, Customer agrees to provide CCL with reasonable access to Customer’s facility for the de-installation and removal of the System. Prior to CCL’s removal of the System, Customer shall be responsible for repair or replacement of any damaged or missing System components, if caused by Customer’s misuse, abuse and/or negligence. CCL will use normal care in the de-installation and removal of the system, which will be performed so as not to unduly disrupt the operations of the golf course. 12.2. 12.3. 12.4. 12.5. 13.General 13.1.Assignment. Customer acknowledges that CCL may assign to a successor all or any part of its right, title and interest in this Agreement, and hereby consents to such assignments. In case of such assignment, Customer agrees to continue to perform all of its obligations under this Agreement. 13.2.Events of Default and Remedies. 13.2.1. In the event that the Customer violates any provision of this Agreement and CCL believes the System or any property or rights of CCL to be threatened, CCL may immediately disable the System. In addition, in the event that Customer violates any provision of this Agreement and such violation continues for a period of at least twenty (20) days after notice in writing of such default from CCL, Customer shall be deemed to be in default and CCL may (at its sole election), in addition to any other legal or equitable remedy permitted by law: a.remove or disable the System; b.terminate this Agreement and Customer’s rights herein and retain any and all prior payments paid to CCL by Customer (“Termination”). 2 (9) Equipment Rental Agreement 67 c.In the event of termination of this Agreement, whether due to an Event of Default or otherwise, if Customer does not allow CCL onto the Golf Course to de-install the System, and does not otherwise make the System available to CCL to de-install, in addition to any other rights or remedies available to CCL, Customer shall pay to CCL any and all costs incurred by CCL in collecting its System and any other amounts due to CCL, including without limitation all legal fees and costs, whether or not suit is commenced, and further, in addition to the foregoing, Customer will pay the full monthly payment multiplied by 1.5 for each and every month after termination hereof that CCL is without possession of the System. d.This Section 13.2.1, without limitation, shall survive termination of this Agreement. 13.2.2. In the event that CCL violates any provision of this Agreement and such violation continues for a period of at least twenty (20) days after notice in writing of such default from Customer, CCL shall be deemed to be in default and Customer may pursue such remedies as it may have in law or in equity; provided, however, that if CCL cannot reasonably remedy the breach within twenty (20) days, the twenty (20) day period shall be extended for as long as CCL diligently pursues such corrective action in a prompt and reasonable manner, not to exceed ninety (90) days. 13.2.3. In addition to the other events of default under this Agreement, either party shall be in default if (i) a petition in bankruptcy is filed by either party or (ii) if a petition in bankruptcy is filed against either party and is not dismissed within 30 days of the date it is filed. Notice. All notices required, permitted or given in accordance with the provisions of this Agreement shall be in writing, and either hand- delivered or delivered by recognized overnight courier to the offices listed in the first paragraph of this Agreement or such other address as either party may designate by notice as specified in this section. Provided that the System is maintained properly pursuant to Customer’s obligations under this Agreement, CCL warrants that the installed System will provide distance measurements within established performance parameters pertaining to System components when the System is operated under conditions that are typically encountered on a golf course, specifically but without limitation: clear access to satellites and reasonably clear weather with temperatures between 32ºF and 120ºF. Customer acknowledges that GPS-produced distances are subject to a margin of error. Customer further acknowledges that terrain and topography affect the margin of error on a particular GPS receiver and that the margin of error may be increased under certain topographical conditions. WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE GOVERNING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE LIMITED WARRANTY PROVISIONS SHALL BE CCL’S SOLE LIABILITY WITH REGARD TO THE SYSTEM. CCL SHALL, IN NO EVENT, BE LIABLE FOR DAMAGES, FOR LOSS OF PROFIT, GOODWILL, OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE SUFFERED BY CUSTOMER OR ITS CUSTOMERS AS A RESULT OF THE USE OF THE SYSTEM RENTED UNDER THIS AGREEMENT, EVEN IF DAMAGES COULD HAVE BEEN FORESEEN AND WHETHER OR NOT CCL HAS BEEN APPRISED BY CUSTOMER OR ITS CUSTOMERS FOR THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER’S EXCLUSIVE REMEDY UNDER THE LIMITED WARRANTY PROVISIONS SHALL BE LIMITED TO, AT CCL’S OPTION, REPAIR, PERFORMANCE, ADJUSTMENT AND/OR REPLACEMENT, OR ANY COMBINATION THEREOF IN AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OR COST OF SERVICES PROVIDED, AS REASONABLY DETERMINED BY CCL, PROVIDED, HOWEVER, THAT CCL HAS RECEIVED WRITTEN NOTICE OF ANY SUCH WARRANTY CLAIM, SPECIFYING THE NATURE THEREOF, WITHIN THE APPLICABLE WARRANTY PERIOD. THESE WARRANTIES ARE MADE ONLY TO CUSTOMER AND ARE NOT TRANSFERABLE TO ANY OTHER PERSON OR ENTITY. ALL WARRANTY CLAIMS MUST BE MADE BY AN AUTHORIZED REPRESENTATIVE OR AGENT OF CUSTOMER. EXCEPT AS OTHERWISE PROVIDED HEREIN, CCL SHALL NOT BE LIABLE TO CUSTOMER, OR ANY OTHER PERSON OR ENTITY, FOR ANY CLAIM OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE FURNISHING OF MATERIAL AND SERVICE SOLD HEREUNDER UPONWHICH ANY CLAIM OF WARRANTY LIABILITY IS BASED. General. This Agreement, together with the exhibits and schedules referred to in it, constitutes the entire agreement between the parties pertaining to the within subject matter and supersedes any prior understandings or oral or written. This Agreement may not be varied, modified, or amended except in writing signed by the parties. Waiver by either party of any breach or violation or default of any provision of this Agreement will not operate as a waiver of such provision or of any subsequent breach or violation or any default. The failure or refusal of any party to exercise any right or remedy shall not be deemed to be a waiver or abandonment of any right or remedy. If any term of this Agreement is for any reason invalid or unenforceable, the rest of the Agreement remains fully valid and enforceable. The headings in the Agreement are for convenience of reference only and do not constitute a part of it. The headings do not affect its interpretation. This Agreement shall be governed by and construed in accordance with the procedural and substantive laws of the State of Georgia. This Agreement may be executed by facsimile and/or electronic signature. The parties agree that this Agreement was fully negotiated by the parties; therefore, no provision of this Agreement shall be interpreted against any party because such party or its legal representative drafted such provision. Customer shall allow CCL to reference Customer in various marketing material or corporate literature, and to the use of approved photos of the Customer’s facility for various marketing materials or media. Customer further agrees to allow CCL to reference it in a press release or other media announcing it as a new location for its System. Any information and data arising out of or in connection with Customer’s use of the System shall be owned jointly by CCL and Customer. All work performed by CCL in connection with the services to be performed under this Agreement shall be performed by CCL as an independent contractor and not as the agent of Customer. CCL may subcontract any or all of the work to be performed under this Agreement but shall retain full responsibility for the work so subcontracted. Supplemental or Replacement Provisions. Notwithstanding any provision to the contrary in this Agreement, supplement or replacement provisions, if any, shall be set forth on Exhibit E attached hereto. 13.3. 13.4. 13.5. 13.6. 3 (9) Equipment Rental Agreement 68 EXHIBIT A Visage System Description The System will be enabled with the modules listed under Equipment Description on page one of this Agreement. Additional modules are available for subscription. Standard Features: Car Tracking: Car Control: Golf Experience: Ad Manager: Optional Features (⾙Indicates selected): Equipment Rental Agreement Exhibit A – SystemDescription 4 (9) ☐Tournament Connect:(Provides for integration with tournament management software, contracted separately) ☐Video Flyovers ☐AdMan Pro AdMan: Image Gallery, Scheduled & automatically published ads, Green to Tee spots, Fairway (par 4 and 5 holes only) - Full and Insert spots. •Dynamic distances to pins and points of interest, •Touch screen for distance, •Tee shot distance, •Food and beverage ordering, •Blind tee shot, •Pin placement manager, •Food and beverage reports. •Fleet lockdown, •Vehicle staging, •Max speed setting (Electric car only), •Action zone control: o Gas cars – stop/reverse, o Electric cars - stop/reverse and variable speed control, •Action zone messaging, •Geofence, •Anti-tamper, •Vehicle grouping by department, vehicle type, membership, marshal, etc., •Pop-up notifications – action zone violation, •Car path only, •Visual notification – vehicle speed change or action zone violations. •Real-time position of vehicles and equipment, •Find car – current or last known location (worldwide), •Vehicle drive history, •Pace-of-play tracking, •Pace notifications, •Pace-of-play reporting, •Marshal car mode to include messaging to marshal, •Rounds played reporting. •Pop-up notifications- pace-of- play, •Real-time messaging toand from clubhouse, •Message logs. •Battery status indicator and vehicle “on charge” display, •Vehicle status – on-charge, •Service notifications – battery levels and faults, •Odometer (miles, hours & amp hours), •Serial number and model year, •Overview display of each hole, •Broadcast messaging such as promotions, weather alerts, •Sponsorship and advertising display slots, •Electronic info holder with players’ names and messaging, •Electronicscorecard: Request email or mobile number prior to scoring, (1st green) and again at end-of-round, •Email address report. 69 EXHIBIT B Service Terms and Conditions 1.Scope of Service. 1.1.Defective Components. CCL shall provide maintenance service as provided for in paragraph 2.3 and 2.4, at its expense, to repair, modify or replace System components, as necessary that are defective in workmanship (“Service”). CCL does not warrant that the operation of the System shall be uninterrupted or completely error-free. 1.2.Exclusions. Service shall not include: (1) maintenance, repair or replacement of parts damaged or failing to operate due to acts of God, including without limit storms, atmospheric disturbances, lightning, fire, hail, and flood; acts of government, including war; catastrophes, accident, neglect, misuse, failure of satellites, failure of electrical power, fault or negligence of Customer, causes external to the System or from any other cause beyond the control of CCL; (2) service and repair of accessories, attachments, or any other devices that are not part of the System; (3) changes, modifications or alterations in or to the System required due to new construction or changes to the golf course or facilities; (4) graphical changes after acceptance of the System, (5) software damage caused by unauthorized use. 2.Customer Responsibilities. 2.1.Problem Notification. Customer agrees to promptly notify Customer Support in the event of any System or component failure and provide diagnostic assistance to support CCL’s service efforts. To Contact Customer Support. Customer shall have reasonable access to Customer Support during business hours. Customer Support provides user support, troubleshooting, and diagnostic assistance and is Customer’s point of contact for reporting system problems or requesting service. 2.2. a.For all routine requests and status inquiries, contact Customer Support via email to sar-cams@clubcar.com. To report emergency or critical system issues, contact Customer Support by calling the toll free Customer Support line at 888-575-2901. b. 2.3.Component Replacement. Customer agrees to perform the task of changing out replacement components provided by CCL. Customer will be billed for repair or replacement of returned components that have been damaged due to causes not covered by Service as described in section 1.2 above. RMA request for defective components. A Return Materials Authorization number (RMA) is required for the return of any defective component. To obtain an RMA, Customer must contact the Customer Support center at 888-575-2901. If Customer Support determines that the component must be returned for repair, Customer Support will issue an RMA. Customer is then responsible for properly following procedures for returning components as instructed by Customer Support. Any request for special handling such as expedited repair, overnight return delivery, or non-business day delivery may be subject to additional charges billable to Customer. Customer agrees to pay for shipment of components returned to CCL. CCL agrees to pay for return shipment to Customer. An unrestricted broadband Internet connection at each location on the Golf Course that needs access to the Visage System (including F&B order fulfillment) for the duration of this Agreement for System installation, monitoring and maintenance service. The internet connection must provide the following minimum speeds as measured by online testing tools found at sites such as www.speakeasy.net: 2.4. 2.5. 2.6.Battery power to the Golf Car-mounted units at all times, and Customer agrees to allow power to be drawn from power sources to supply System equipment as needed. CCL requires Customer must use deep-cycle batteries for all gas powered vehicles on which display units will be installed. Not fewer than two Customer staff members full time for three days (per 18 holes) to provide labor to assist CCL with initial installation of the golf cart mounted display components including removal of any prior existing hardware. Customer’s personnel during this period will be trained on the installation, maintenance and replacement of the display units. 2.7. Equipment Rental Agreement Exhibit B – Service Terms and Conditions 5 (9) Minimum 120 carts or more 160 carts or more Download speed (Mbit/sec):1.5 2.25 3.0 UpLoad speed (Mbit/sec):0.5 0.75 1.0 70 3.Definition of Service Elements 3.1.Remote Diagnostics. CCL accesses the course System via the Internet to perform system diagnostics, remote health monitoring or specific troubleshooting procedures to detect, identify or correct failures. Software Updates and Enhancements. CCL shall provide software maintenance for the System Software. Software maintenance provides for bug fixes, patches, corrections, updates and enhancements as available. Software updates do not include new software features or hardware product offerings that are sold separately. On-site Service. If a problem cannot be resolved through telephone support or by shipping a replacement component, CCL may dispatch a technician to Customer’s site to address the problem. On-site services including labor, materials, and reasonable travel expenses are chargeable for site visits that result from causes not covered by Service as described in section 1.2 above. 3.2. 3.3. 4.Pricing of Additional Services. Services not covered under Service Terms and Conditions (Exhibit B) or that may be requested from time to time are available according to the prices and terms below. All prices and terms for additional services are subject to change. For orders up to US$1,500, CCL will provide services upon receipt and confirmation of the order. Payment will be due upon delivery of services. For orders of US$1,500 or more, CCL requires a signed purchase order or a deposit payment equal to 50% of the order price with the final payment due upon delivery of services. CCL at its sole discretion reserves the right to hold orders for accounts that have outstanding payables beyond terms. Scheduling of services depends on material lead-times and the backlog of service orders at the time of order confirmation Equipment Rental Agreement Exhibit B – Service Terms and Conditions 6 (9) Description Prices (USD) Graphical Changes $65 / half hour Mapping Changes $65 / half hour plus travel and expenses at reasonable cost Graphics Media (Raw data files for Customer’s use) 3D Video Flyovers: $1,000/14 hole set; $500/ additional 7 hole set 2D Hole Images: $500/18 hole set; $250/ additional 9 hole set 2D Tracker Course Map: $200 On-site service for items not covered under Service (due to external causes or at customer’s request for additional services) $400 per half day on site plus $40 per hour travel time to and from site plus travel and expenses at reasonable cost; plus any applicable material charges. Repair of GPS unit for damage not covered under Service Level 1: $100 - Damage to exterior plastic housing. Does not include damage to the touch screen or LCD display, Level 2: $200 - Broken or cracked touch screen or LCD display, Level 3: Complete loss including water damage or damage to internal components. Replace with refurbished VDU $600 Replace with new VDU $800 Fleet Replacement Like-to-Like car changeover; (i.e. Club Car Tempo electric to Club Car Tempo electric which requires no additional or replacement mounting hardware), Customer may select option a or b (90 days advance notice required): a-By Customer (2-3 people) + 1 CCL employee $20/unit plus travel and expenses at reasonable cost b-By CCL (2-3 people) on-site $42/unit plus travel and expenses at reasonable cost Fleet Replacement different type cars (90 days advance notice required): Quoted on case by case basis 71 ADVERTISING AGREEMENT This Advertising Agreement is attached to and incorporated into the terms of that certain Equipment Rental Agreement (“Agreement”) between Club Car, LLC (“CCL”) and City of Golden Valley dba Brookview Golf Course (“Customer”). Capitalized terms appearing herein shall have the same meaning ascribed to them herein as in the Agreement unless otherwise noted. Ad Modules & Pricing Club Car, LLC City of Golden Valley dba Brookview Golf Course Authorized Signatory Authorized Signatory Name Name Title Date Title Date Equipment Rental Agreement Advertising Agreement 7 (9) Selection Feature Description ⾙ AdMan:Standard package provides Fairway and Green-to-Tee spots. Price: Included with the Visage Control Center (VCC) CCL hereby grants Customer graphical exposure opportunities on the System that shall consist of Fairway (full page and insert spots) and available “Green to Tee” full screen graphics to be used for local advertising and promotions or for tournament sponsorships but not for national advertising campaigns which are administered by CCL exclusively. Fairway spots are available on par 4 and par 5 holes (fairway spots are not available for par 3 holes. Fairway spots include a full page “touch-to-make-go- away” and the quarter page insert). “Green to Tee” is defined as the area just after a green and prior to the next tee (a 200-yd distance between the green and next tee is required for a Green to Tee spot to work.) CCL retains exclusive rights to all other advertising on the System and may sell ads for placement on the System. Customer retains right of approval, which shall not be unreasonably withheld, for such CCL sold ads and where approved will receive revenues, if any, on a campaign-by-campaign basis. Customer agrees that it will allow no third party to place advertising on the System. ☐ AdMan Pro:Ad Manager with access to all Ad Inventory. Price: $5.00 per unit per month Customer retains exclusive rights to all advertising on the System and may sell ads for placement on and in connection with the System and retain all such revenues. 72 Insurance Instructions City of Golden Valley dba Brookview Golf Course (“Customer”) has rented or will be renting equipment from Club Car, LLC (“CCL”). The Customer is required to provide CCL with the following insurance coverage: A.“All Risk” personal business property and equipment insurance covering the complete System including stationary equipment and mobile GPS displays mounted on vehicles (as listed in the Rental Agreement) owned by or in which CCL has a security interest, in an amount not less than the full replacement value of the equipment, with Club Car, LLC named as loss payee. Replacement values: Stationary and wireless equipment – $5,000; Mobile equipment: GPS displays mounted on vehicles – $800/unit. B.Public Liability Insurance naming Club Car, LLC as an additional insured with the proceeds to be payable first on the behalf of CCL to the extent of its liability, if any. The amount of the Public Liability Insurance shall not be less than $1,000,000.00, combined single limit. C. Each policy shall provide that: (i) CCL will be given not less than thirty (30) days prior written notice of cancellation or non-renewal, (ii) it is primary insurance and any other insurance covering CCL shall be secondary or excess of the policy and (iii) in no event shall the policy be invalidated as against CCL for any violation of any term of the policy of the Customer’s application therefore. A certificate evidencing such coverage should be faxed and mailed to CCL at the following address: sar-pmg@clubcar.com Club Car, LLC 1074 N. Orange Ave Sarasota, FL 34236 Proof of insurance is required before CCL can release shipment of equipment to the site. Equipment Rental Agreement Insurance Instructions 8 (9) 73 AUTOMATIC PAYMENT PLAN Electronic Funds Transfer (EFT) Enrollment EFT enrollment is required according to the payment terms of the Equipment Rental Agreement. Please complete the information below and return this form along with a voided check. Authorization: Customer hereby authorizes Club Car, LLC to deduct all payments when due under this Agreement, according to the terms and conditions of the Agreement from the account listed below by electronic funds transfer for the Term of the Agreement. Date Bank Signature of Depositor Equipment Rental Agreement EFT Enrollment 9 (9) Authorized Signer's Name Name on Bank Account Transaction Date 1st Day of Month Payment Amount $(Applicable tax will be added to this amount) Bank Account Number Routing Number (ABA) Account Type Checking Savings Other: Complete Name of Bank Mailing Address of Bank SWIFT Code (Non-US) Date and Signature 74 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 7, 2023 Agenda Item 3E.6. Approve 2023-2024 Labor Agreement Between Sergeants Union (LELS Local #304) and the City of Golden Valley Prepared By Maria Cisneros, City Attorney Kirsten Santelices, Deputy City Manager/Human Resources Director Summary This item will be discussed in the Executive Session held immediately prior to the Council meeting. Information will be provided at the Council Meeting pending the outcome of the discussion at the Executive Session. Link to Sergeants Union (LELS Local #304) Labor Relations Contract This link is active but the document may uploaded and accessible to the public pending the outcome of the March 7 Closed Executive Session. Financial or Budget Considerations More information will become available once the agreement is made public. Legal Considerations More information will become available once the agreement is made public. Equity Considerations More information will become available once the agreement is made public. Recommended Action Motion to approve 2023-2024 Labor Agreement Between Sergeants Union (LELS Local #304) and the City of Golden Valley. 75 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 7, 2023 Agenda Item 3E.7. Approve 2023-2024 Labor Agreement between Administrative Support Staff Union (LELS Local #524) and the City of Golden Valley Prepared By Maria Cisneros, City Attorney Kirsten Santelices, Deputy City Manager/Human Resources Director Summary This item will be discussed in the Executive Session held immediately prior to the Council meeting. Information will be provided at the Council Meeting pending the outcome of the discussion at the Executive Session. Link to Administrative Support Staff Union (LELS Local #524) Labor Relations Contract This link is active but the document may uploaded and accessible to the public pending the outcome of the March 7 Closed Executive Session. Financial or Budget Considerations More information will become available once the agreement is made public. Legal Considerations More information will become available once the agreement is made public. Equity Considerations More information will become available once the agreement is made public. Recommended Action Motion to approve 2023-2024 Labor Agreement between Administrative Support Staff Union (LELS Local #524) and the City of Golden Valley. 76 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 7, 2023 Agenda Item 3E.8. Approve Memorandum of Understanding between Patrol, Sergeants and Assistant Chiefs Unions (LELS Local #27, #304, #485) and the City of Golden Valley Prepared By Maria Cisneros, City Attorney Kirsten Santelices, Deputy City Manager/Human Resources Director Summary This item will be discussed in the Executive Session held immediately prior to the Council meeting. Information will be provided at the Council Meeting pending the outcome of the discussion at the Executive Session. Link to Memorandum of Understanding between Patrol, Sergeants and Assistant Chiefs Unions (LELS Local #27, #304, #485) This link is active but the document may uploaded and accessible to the public pending the outcome of the March 7 Closed Executive Session. Financial or Budget Considerations More information will become available once the agreement is made public. Legal Considerations More information will become available once the agreement is made public. Equity Considerations More information will become available once the agreement is made public. Recommended Action Motion to approve Memorandum of Understanding between Patrol, Sergeants and Assistant Chiefs Unions (LELS Local #27, #304, #485) and the City of Golden Valley. 77 EXECUTIVE SUMMARY City Attorney 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 7, 2023 Agenda Item 3E.9. Approve Law Enforcement Services Agreement between Hennepin County Sherriff's Office and the City of Golden Valley Prepared By Maria Cisneros, City Attorney Summary The Golden Valley Police Department is experiencing attrition in its officer ranks and is working diligently to recruit and train new officers. In the interim, GVPD is partnering with the Hennepin County Sherriff's Office to provided added assistance. Staff continues to work to finalize an agreement with the Hennepin County Sherriff's Office, the details have yet to be finalized. Staff anticipates adding a draft agreement to this packet prior to the meeting on Tuesday night. •Link to Law Enforcement Services Agreement with Hennepin County Financial or Budget Considerations More information will be provided with the draft agreement. Legal Considerations The City Attorney is working with the Police Department and City Administration to negotiate the agreement. Equity Considerations This initiative supports the City's goal of providing unbiased programs and services. Recommended Action Motion to approve Law Enforcement Services Agreement between Hennepin County Sherriff's Office and the City of Golden Valley. 78 EXECUTIVE SUMMARY City Attorney 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 7, 2023 Agenda Item 3F.1. Approve Resolution No. 23-013 Accepting Donation from the National League of Cities for Staff to Attend Training Prepared By Maria Cisneros, City Attorney Kirsten Santelices, Deputy City Manager/Human Resources Director Summary As adopted in the City's 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. Legal Considerations This item does not require legal review. Equity Considerations The donation from the National League of Cities was so that staff could attend training relating to equity in public safety and violence prevention. Recommended Action Motion to adopt Resolution No. 23-013 accepting a donation from the National League of Cities for staff to attend training. Supporting Documents Resolution 23-013 - Accepting NLC Donation 79 RESOLUTION NO. 23-013 RESOLUTION ACCEPTING THE IN-KIND DONATION OF $1,967.60 FROM THE NATIONAL LEAGUE OF CITIES FOR STAFF TO ATTEND TRAINING 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 or in-kind donation must be acknowledged and accepted by motion with a simple majority, and WHEREAS, the donation of professional training and networking opportunities makes it possible for staff to put forth innovative problem-solving techniques for the City and its residents in a fiscally responsible manner. NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following in-kind donations from the National League of Cities on behalf of its citizens: Two rooms at the Hilton Doubletree (Newark, NJ) for two nights Meals for the duration of training Two round-trip tickets from Minneapolis-St. Paul to Newark on Delta Airlines Total: $1,967.60 Adopted by the City Council of Golden Valley, Minnesota this 7th day of March 2023. Shepard M. Harris, Mayor ATTEST: _______________________ Theresa Schyma, City Clerk 80 EXECUTIVE SUMMARY Parks & Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 7, 2023 Agenda Item 3F.2. Approve Resolution No. 23-014 Accepting the Donation for a Park Bench to be Located at Lions Park Honoring Rob Pope. Prepared By Sheila VanSloun, Parks & Recreation Administrative Assistant 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. Legal Considerations This item did not require legal review. Equity Considerations Providing unbiased programs and services through infrastructure that supports and advances diversity, equity, and inclusion in all Golden Valley parks. Recommended Action Motion to approve Resolution No. 23-014 accepting the donation from the Friends and Fans of Rob Pope and Liz Elder for the addition of a park bench at Lions Park honoring Rob Pope. Supporting Documents Resolution 23-014 - Accepting Donation of Park Bench 81 RESOLUTION NO. 23-014 RESOLUTION ACCEPTING THE DONATION OF A PARK BENCH FROM THE FRIENDS AND FANS OF ROB POPE & LIZ ELDER FOR LIONS PARK 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: $2,600 donation from the Friends and Fans of Rob Pope & Liz Elder for the addition of a park bench honoring Rob Pope to be located at Lions Park. Adopted by the City Council of Golden Valley, Minnesota this 7th day of March, 2023. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 82 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 7, 2023 Agenda Item 4A. Approve Ordinance No. 759 - Rezoning Properties at Harold Ave, Winnetka Ave N, and Highway 55 to Achieve Conformance with the 2040 Comprehensive Plan Prepared By Jason Zimmerman, Planning Manager Summary Staff is revisiting a proposed rezoning from Single-Family Residential (R-1) to Medium Density Residential (R-3) for ten properties bounded by Harold Avenue, Winnetka Avenue North, and Highway 55 in order to bring them into conformance with the Future Land Use Map in the 2040 Comprehensive Plan. The rezoning of these properties were first considered by the Planning Commission at its regular meeting on July 13, 2020. At that time, the Commission discussed the proposed rezoning and eventually tabled the item to allow for additional analysis, including the pending changes associated with a revised R-3 zoning district. On September 14, 2020, following the adoption of the R-3 changes, the zoning map amendment was again considered and a recommendation of denial was forwarded to the City Council. The Council held a public hearing and then voted to send the zoning map amendment back to the Planning Commission for another consideration once additional pieces of information were available, including results of a new traffic study and any information from a pending Highway 55 BRT analysis. At its recent meeting on February 13, 2023, the Planning Commission voted to recommend approval of the rezoning on a 3-2 vote. A fourth Commissioner offered support for the rezoning but needed to leave the meeting prior to the vote being taken. Analysis Please see the attached memo to the Planning Commission dated February 13, 2023, for a full staff analysis. In summary, staff believes that in addition to the approved land use designation of Medium Density Residential assigned to this area following the public process of preparing the 2040 Comprehensive Plan, there are at least three key reasons to support the rezoning. First, the rezoning of these ten properties has the potential to help address a documented demand for housing in Golden Valley. The 2017 Maxfield Housing Needs Analysis and its subsequent 2023 update, acknowledges a need for additional housing. At 6.21 acres, the entire area – if fully redeveloped at the maximum density allowed under the R-3 zoning designation – could contain 124 multifamily units or 83 186 senior/disability units. The area currently contains one duplex and eight single-family homes (one of these lots could potentially be split into two single-family parcels). Second, the City has spent a considerable amount of time, money, and public engagement efforts developing a vision for a more active and robust downtown centered on the Winnetka/Golden Valley Road intersection. New multifamily residential buildings in the area would help provide a customer base for potential future commercial redevelopment, including uses often requested by the community such as a grocery story, pharmacy, or new restaurants. While currently physically separated from the downtown by the busy traffic of Highway 55, a future reconstructed and/or expanded pedestrian bridge would help improve the connection between the downtown and the site under consideration for rezoning. Third, one of the City's Legislative Priorities is the support for funding for Bus Rapid Transit (BRT) along Highway 55. While the future of this transit option remains undetermined at this time, staff has highlighted in its report to the Planning Commission important information about the typical residential densities sought by MetroTransit when routes and station locations are considered. With its current zoning designation, the station area remains well below the target threshold. If rezoned, and in concert with other pending developments, the residential density would increase to a level that could support a future station at Winnetka and Highway 55. Public Comment and Response Prior to the Planning Commission meeting in February, staff received four comments via the Golden Valley Speaks website and three emails. 16 people spoke at the public hearing. Since then, staff/City Council Members have received at least 12 additional emails. Discussion has also continued on social media. While a handful of people have voiced support for the rezoning, the majority of comments have expressed a number of concerns associated with a possible future multifamily development: traffic congestion, speeding traffic on Harold Avenue, pedestrian safety, loss of trees and other green space, visual impacts, and reductions in property values. One aspect of pedestrian safety has been addressed with the installation of a Rectangular Rapid Flashing Beacon (RRFB) at the Harold/Winnetka intersection. As outlined in the attached materials, a 2022 Downtown Redevelopment Traffic Study examined this area and concluded that even the greatest number of vehicle trips generated by potential development under R-3 zoning would have negligible impacts on congestion. Concerns regarding speeding on Harold Avenue were not included as part of the traffic study, but if found to be present these would most likely best be addressed through modifications to the geometry of the roadway. Staff notes that the traffic study was conducted at a high level, and that any specific future proposal would likely be required to undergo further analysis to evaluate the specific use, number of units, site access, and other aspects of development. This would further identify and refine any traffic-related concerns. The issues raised above are typical and appropriate for discussion in situations such as these. Staff also observed other types of comments that were more subjective in their nature and spoke directly to the neighborhood preference for single-family homes over multifamily buildings. These are addressed further in the Equity section of this memo. 84 Legal Considerations State statute requires that all City zoning designations be updated to be consistent with the land uses identified in their Comprehensive Plan. Should the Council choose not to rezone these properties, an amendment to the Future Land Use Map should then be submitted to the Met Council for consideration – modifying the 2040 Comprehensive Plan to show Low Density Residential use – in order to maintain consistency between guided land use and zoning. Equity Considerations Between the City's stated efforts to prioritize the creation of more housing – including more types of housing targeting a wide range of individuals, its Equity Plan that includes a pillar of creating Economic Prosperity for All, and its key role in the Just Deeds Coalition identifying and dismantling barriers to equity, staff believes that the rezoning of these ten parcels is consistent with the City's goals and should be approved. Providing 124 to 186 families with the opportunity to live within a few blocks of civic and commercial properties in the downtown area, to benefit from proximity to Brookview Park and Brookview Community Center, and to be positioned to take advantage of future mass transit on Highway 55 is an equitable position for the City to take. Statements that Golden Valley is uniquely characterized by its single-family neighborhoods, that multifamily development would crowd existing parks for current residents, or that those who live in apartments are not invested in their communities fail to recognize that the current pattern of development was significantly shaped by the racially charged tool of single-family zoning. The area in question represents eight single-family and two duplex units out of almost 6,500 detached and 500 attached single-family homes throughout the city. While representing a change to the immediate surroundings, rezoning these properties would have almost no impact on the city's greater suburban identity. Recommended Action Motion to approve Ordinance No. 759 Rezoning Properties at Harold Ave, Winnetka Ave N, and Highway 55 to Achieve Conformance with the 2040 Comprehensive Plan. Supporting Documents Planning Commission Memo dated February 13, 2023 Planning Commission Minutes of February 13, 2023 Selected Planning Commission Minutes of September 14, 2020 List of Affected Properties Map of Affected Properties Selection from Downtown Redevelopment Traffic Study dated November 11, 2022 Downtown Residential Density Exhibit Golden Valley Speaks Comments (Planning Commission) Emailed Comments for Planning Commission Staff Responses at Planning Commission Emailed Public Comments through March 1, 2023 Ordinance No. 759, Rezoning Properties at Harold Ave, Winnetka Ave N, and Highway 55 to Achieve Conformance with the 2040 Comprehensive Plan 85 1 Date: February 13, 2023 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing – Rezone Properties at Harold Ave / Winnetka Ave N / Highway 55 to Achieve Conformance with the 2040 Comprehensive Plan Summary Staff is revisiting the proposed rezoning for ten properties in order to bring them into conformance with the Future Land Use Map in the 2040 Comprehensive Plan. These were first considered by the Planning Commission in 2020. Background State statute requires that all zoning designations be updated to be consistent with the land uses identified in the Comprehensive Plan. At its regular meeting on July 13, 2020, the Planning Commission discussed the proposed rezoning of this area and eventually tabled the item to allow for additional analysis, including the pending changes associated with a revised R-3 zoning district. On September 14, 2020, following the adoption of the R-3 changes, the zoning map amendment was once again considered by the Planning Commission and a recommendation of denial was forwarded to the City Council. The Council held a public hearing and then voted to send the zoning map amendment back to the Planning Commission for another look once additional pieces of information were available, including results of a new traffic study and any information from a pending Highway 55 BRT analysis. The rezoning is now being revisited. Analysis The ten properties under consideration demonstrate a fulfillment of a previous land use change by the City that was not followed by a zoning change. The 2040 Comprehensive Plan put forward this land use designation again as part of the Future Land Use Map. No development proposals are pending with the City at this location. 86 2 Address Current Zoning Proposed Zoning This group of residential properties in the southeast corner of Winnetka Ave and Hwy 55 was guided for higher density use in the 2030 Comprehensive Plan (adopted in 2010), but ultimately was not rezoned. As part of the land use analysis leading up to the adoption of the 2040 Comp Plan, the Planning Commission felt strongly that guiding these properties for medium density use would provide opportunities for the development of housing that would complement the efforts to strengthen the city’s downtown. 7831 Olson Memorial Highway R-1 R-3 440 Winnetka Ave N R-1 R-3 424 Winnetka Ave N R-1 R-3 400 Winnetka Ave N R-1 R-3 7840 Harold Ave R-1 R-3 7830 Harold Ave R-1 R-3 7732 Harold Ave R-1 R-3 7724 Harold Ave R-1 R-3 7710 Harold Ave R-1 R-3 411 Rhode Island Ave N R-1 R-3 87 3 This corner (bounded by Highway 55, Winnetka Ave N, and Harold Ave) was the subject of a rezoning proposal in 2011 from R-1 to R-3. This would have aligned the zoning map with the land use designation included in the adopted 2030 Comprehensive Plan. At a Planning Comm ission meeting in August of 2008, residents expressed concerns regarding building height, traffic congestion at the Winnetka/Hwy 55 intersection, cut through and speeding traffic on Harold Ave, and pedestrian safety. In anticipation of the rezoning, SEH conducted a traffic study based on the proposed land uses. It found that a senior development, as opposed to a typical multifamily project, would generate fewer trips in the AM and PM peak hours, even with a greater number of units. Potential improvements to Winnetka Ave south of Hwy 55 (additional turn lanes to clear the intersection more quickly) were recommended as a way to mitigate congestion. These changes were implemented in 2015, even without any new development occurring in the area. At the conclusion of the public hearing, the Planning Commission recorded a split vote (3-3) regarding the rezoning. The City Council, however, denied the rezoning with the findings that traffic would not be supported by local streets and that the potentia l development would not be in keeping with the character of the community. Subsequently, the land use map in the 2030 Comprehensive Plan was amended and the area once more guided for Low Density Residential development. In July of 2018, the Planning Commission examined the area while preparing the draft Future Land Use map for the 2040 Comprehensive Plan. At that time, staff recommended guiding the properties for Medium Density Residential, but the Commissioners debated guiding it for an even greater intensity (High Density Residential) due to the location adjacent to the downtown and the likely future development of mass transit on Hwy 55. The approved Future Land Use Map ultimately assigned the area a Medium Density Residential designation. At the Planning Commission meeting in September of 2020 to consider the necessary rezoning, eight residents called in to provide testimony and one sent an email to staff. The majority of those commenting opposed the rezoning and expressed concerns over the potential fo r increased traffic, cut through traffic on local streets, the height of a new building, and pedestrian safety. Based on these comments, the Planning Commission found that while increased density through redevelopment was favorable, concerns about traffic congestion and infrastructure should be addressed first in order to preemptively study and identify a potential solution. The Commissioners then voted to recommend denial of the rezoning (5-1). Staff subsequently received three additional emails – one in support of the rezoning and two others opposed. The City Council met to discuss the rezoning on October 7, 2020, and three residents spoke in opposition, citing concerns similar to those expressed above. Based on outstanding questions regarding traffic congestion and pedestrian safety, the Council was reluctant to move forward and approve the zoning map amendments. Instead, they tabled the item and asked staff to continue to investigate the concerns and return to the Planning Commission when more information became available. 88 4 Staff continues to recommend that the properties be rezoned to R -3 in order to conform to the guided land use approved by the City and the Met Council. The proximity to the downtown and Brookview would encourage greater bicycle and pedestrian activity, especially if a new bridge over Hwy 55 and Winnetka Ave were to be constructed in the future. Recent changes to the R-3 zoning district encourage sustainable amenities such as energy efficient buildings, renewable energy sources, support for electric vehicles, and innovative above-ground stormwater management facilities, in exchange for a density bonus. A traffic study of the downtown was conducted in 2022 to evaluate potential future congestion and necessary infrastructure improvements associated with the build out anticipated in the 2040 Comprehensive Plan. Special attention was paid to the southeast quadrant of the Winnetka Ave and Highway 55 intersection in order to address concerns raised by the planned rezoning. Any significant redevelopment of this area would likely result in the removal of direct access to Winnetka Ave and the use of a shared access point onto Harold Ave to the south. The study evaluated a range of housing types (townhomes, apartments, senior townhomes, senior apartments) and calculated the resulting trip generations using standard models from the ITE Trip Generation Manual. The results showed that the greatest number of trips would be generated by townhome development (900) while the fewest would be generated by apa rtment development (568). The trips associated with the worst case (townhome) development were distributed across the Harold/Winnetka and Winnetka/Hwy 55 intersections to evaluate any impacts on congestion. The findings show that any potential impacts were negligible. This resulted in about one additional trip in each direction (northbound Winnetka and westbound Harold) every two minutes during peak hours which had no impact on Level of Service (LOS) and only one additional second of increase of delay per vehicle at the Harold/Winnetka intersection. Full details of this analysis are attached. The City has also upgraded pedestrian safety at the Winnetka /Harold intersection by installing enhanced pedestrian crossings. A Rectangular Rapid Flashing Beacon (RRFB) signal was installed last fall and will be put into service early in 2023. The signal system also includes an ADA compliant pedestrian median that provides refuge to pedestrians crossing Winnetka. As of early 2023, the timing of the anticipated BRT study for Hwy 55 remains unclear. MetroTransit is attempting to coordinate with MnDOT, but is appears the feasibility study remains months away, if not longer. Rather than continue to delay the consideration of the rezoning, staff is moving ahead while providing information about the densities typical sought after by MetroTransit in the areas adjacent to BRT stations. The table below is from the Metropolitan Council’s Transportation Policy Plan and shows the minimum and target densities for various Community Designations (Golden Valley has an Urban designation): 89 5 Density for Transit Corridors Relative to Community Designation Urban Center Urban Suburban Suburban Edge of Emerging Suburban Edge Density expectations for highway BRT transitway station area (area within 10-minute walk or ½ mile) Minimum: 25 units per acre Target: 40-75+ units per acre Minimum: 12 units per acre Target: 25-50+ units per acre Minimum: 10 units per acre Target: 20-40+ units per acre Minimum: 8 units per acre Target: 20-40+ units per acre Density expectations for arterial BRT transitway station area (area within 5-minute walk or ¼ mile) Minimum: 15 units per acre Target: 20-60+ units per acre Minimum: 15 units per acre Target: 20-60+ units per acre Minimum: 15 units per acre Target: 20-60+ units per acre Minimum: 15 units per acre Target: 20-60+ units per acre Staff analysis of the existing land use designations within a ½ mile of the Winnetka/Harold/Hwy 55 intersection (attached) show that there are currently 899 units spread over 125 acres for an average residential density of 7.22 units per acre – well below the minimum as well as the target density numbers. If other residential-zoned properties in and around the downtown were to redevelop at their maximum allowed densities, the units per acre figure would increase to 10.60. Finally, the rezoning and subsequent redevelopment of the ten properties in question could increase the average residential density to 11.81 units per acre – just under but closer to the minimum threshold required. It should be noted that a pending consideration of an increase in the density of two properties in the downtown would be enough to surpass the 12 units per acre threshold, while still remaining well below the target number of 25 to 50+ units per acre. In summary, staff sees the rezoning as an important step in supporting future BRT along Hwy 55. While some of the questions around traffic congestion, pedestrian safety, and BRT have been answered, the fact remains that the change in zoning would allow for an increase in allowed building height compared to the regulations in place today. R-3 zoning allows for buildings up to four stories, or five stories for a senior building if a Conditional Use Permit is approved. In contrast, the Valle d’Or townhomes across Harold Avenue to the south are two and a half stories tall. The Valley Square Corporate Center building to the northwest across Highway 55 is three stories. The closest existing structures of this height are the professional buildings in the Valley Creek Office Park a short distance to the west, which are four stories tall and on a hill, making the height relative to Hwy 55 more similar to five stories. The Calvary Apartments to the east of the Civic Campus are between 10 and 11 stories, and a proposed multifamily building along the west edge of the downtown would be six stories. When viewed in the larger context, the potential height of a structure in the area proposed to be rezoned would not be out of scale. 90 6 Zoning Requirements The key aspects of the R-3 zoning designation being considered are listed below: Medium Density Residential (R-3) Zoning District Permitted Uses • Duplexes • Townhouses • Multifamily buildings • Senior and physical disability housing Conditional Uses • Retail sales, restaurants, and professional offices on a ground floor with direct access to the street Density Range • 12 units per acre or 17 units per acre with a CUP (up to three additional units per acre available through density bonuses) • Senior/physical disability housing – 20 units per acre or 25 units per acre with a CUP (up to five additional units per acre available through density bonuses) Height • Four stories or 48 feet • Five stories or 60 feet for senior/physical disability housing with a CUP Future redevelopment under R-3 zoning could happen via wholescale change with the construction or one or two larger buildings, or incrementally on one or two lots at a time as ownership of existing single-family properties changes hands. Should the City choose not to rezone these properties, an amendment to the Future Land Use Map would then be required with the Met Council – modifying the 2040 Comprehensive Plan – in order to maintain consistency between guided land use and zoning. Recommended Action Staff recommends approval of an amendment to the Zoning Map to rezone the ten properties in question from Single-Family Residential (R-1) to Medium Density Residential (R-3). Attachments Minutes from Planning Commission meeting of September 14, 2020 (6 pages) List of Affected Properties (1 page) Map of Future Land Use and Existing Zoning Designations (1 page) Selection from Downtown Redevelopment Traffic Study dated November 11, 2022 (3 pages) Downtown Residential Density Analysis (1 page) 91         REGULAR MEETING MINUTES    This meeting was conducted in a hybrid format with in‐person and remote options for attending,  participating, and commenting. The City used Webex to conduct this meeting and members of the  public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it  on CCXmedia.org, or by dialing in to the public call‐in line.     1. Call to Order  The meeting was called to order at 6:30 pm by Chair Pockl.     Roll Call  Commissioners present: E. Brenna, A. Brookins, S. Ginis, L. Pockl, M. Ruby, C. Segelbaum   Commissioners absent:     Staff present:     Jason Zimmerman – Planning Manager, Myles Campbell – Planner  Council Liaison:   Denise La Mere‐Anderson    2. Land Acknowledgement    3. Approval of Agenda  MOTION made by Commissioner Ginis, seconded by Commissioner Brookins, to approve the agenda  of February 13, 2023.   Motion carried.    4. Approval of Minutes  MOTION made by Commissioner Brookins, seconded by Commissioner Ginis, to approve the meeting  minutes of January 9, 2023.   Motion carried     5. Informal Public Hearing – Zoning Map Amendments for Properties at Harold Ave / Winnetka Ave N /  Highway 55    Jason Zimmerman, Planning Manager, started with a summary of his presentation, the group would  revisit a proposal to rezone 10 properties in the SE quadrant of the Winnetka Avenue North and  Highway 55 intersection. The first consideration for this amendment was in 2020, but Council  requested more information of staff after Planning Commission recommended approval. This  rezoning would align the City’s Zoning Map with the Future Land Use Map from the 2040  Comprehensive Plan. Staff added that there are no development proposals pending with the City at  this location.      February 13, 2023 – 6:30 pm  Council Chambers  Hybrid    92 City of Golden Valley     Planning Commission Regular Meeting  February 13, 2023 – 6:30 pm       2  Staff displayed a map of the city to show the locations impacted by this proposal:    7831 Olson Memorial Highway   7830 Harold Ave  440 Winnetka Ave N     7732 Harold Ave  424 Winnetka Ave N     7724 Harold Ave  400 Winnetka Ave N       7720 Harold Ave  7840 Harold Ave     411 Rhode Island Ave N    The properties were guided for Medium Density Residential in the 2030 Plan which was adopted in  2010, then rezoned R‐1 to R‐3 in 2011. Council denied rezoning and the Comp Plan was amended to  reflect Low Density Residential use again.   Properties designated as Medium Density Residential in the 2040 Comprehensive Plan and rezoning  from R‐1 to R‐3 was considered in 2020, but pending changes to the R‐3 zoning district caused a  delay. The Planning Commission eventually recommended denial (5‐1) due to resident concerns and   City Council tabled the rezoning and asked staff to revisit it with the Planning Commission when  additional information became available.     Staff analyzed three areas for this rezoning:    Downtown Traffic Study (2022)  o Townhomes generated the greatest number of trips  o Trip distribution showed negligible impacts on traffic congestion   No impacts to Level of Service during peak hours   Only 1 second of delay per vehicle during that time  o Utilized worst case scenario – eventual redevelopment may be less   Pedestrian infrastructure improvements (current)  o New signal installed for pedestrians crossing Winnetka near Harold  o Includes ADA compliant pedestrian median to provide refuge mid‐way across Winnetka  o Operational in early 2023   Hwy 55 BRT Study (still pending)  o No clear timing for start of the feasibility study so staff relied on Metro Transit target  densities for station areas  o At this point, the target location doesn’t meet the target Metro Transit densities    Building height  o Vallee d’Or – 2 ½ stories  o Valley Square Corporate Center – 3 stories  o Valley Creek Office Park – 4 stories + on a hill  o Calvary Apartments – 10 to 11 stories  o Proposed multifamily development within the downtown – 6 stories    Staff reviewed the zoning requirements for a Medium Density Residential (R‐3) Zoning District,  permitted uses, conditional uses, the density range, and building heights.     Staff reviewed community feedback received prior to the meeting as well as questions posed.     93 City of Golden Valley     Planning Commission Regular Meeting  February 13, 2023 – 6:30 pm       3  Recommended Action  Staff recommends approval of an amendment to the Zoning Map to rezone the ten properties in  question from Single‐Family Residential (R‐1) to Medium Density Residential (R‐3).      Commissioner Segelbaum mentioned the change in the zoning map and asked if staff had a map of  contiguous properties to understand zoning of areas around the area for discussion today.   Staff responded the areas to the south are R‐2 and areas to the north are higher density residential,  commercial, and office. The only R‐1 area is along Rhode Island; however the lots are narrow and  built as if they’re zoned R‐2.   Segelbaum mentioned the comments about more cut throughs on Harold, noted the patterns of  folks going through the neighborhood to enter Winnetka. He asked what can be done to reduce the  speed of the traffic though that area. Engineering staff would need to be consulted but aside from  adding stop signs, speed bumps can be added or road narrowing could occur. Staff needs to consult  engineers and public works to determine steps in this process.     Commissioner Ginis mentioned the park land surrounding the area being discussed, she asked if  Brookview was in a timetable for federal money to pay back if the area changes. Staff will discuss  with the Parks and Rec division.     Chair Pockl asked why the Rhode Island properties aren’t included. Staff responded the homes were  build in 2011 and are on 50ft lots and thus meet the density goal for the City.     Chair Pockl opened the public forum at 7:08pm.   Chair Pockl noted the comments received via Golden Valley Speaks and are on record.    Ruth Paradise  8515 Duluth St  I attend many public hearings, the noise from highways is often a problem and I think having single  family homes along a highway is problematic. I support the feasibility study and development of a  new downtown area, I view this project as being a part of that. If you were to build a building for  senior citizens, those folks are generally retired and don’t often add to high traffic times. I drove  along Harold to see buildings, the row houses that face Harold are the back. The front of the  buildings are in the parking lot and are 3 stories high. I’m not sure how that impacts neighbors. I just  wanted to note in the single‐family area, 3 story buildings are already present. Rezoning and adding a  building for senior citizens is an economically sound decision.    Laurie Levin  240 Brunswick  I support changing the zoning, it’s clear that there’s a housing challenge and this provides Golden  Valley with an opportunity for housing. I understand the people directly impacted may be upset but  if you look at the city as a whole, this change can only be to our benefit and really help folks who  need housing.   94 City of Golden Valley     Planning Commission Regular Meeting  February 13, 2023 – 6:30 pm       4  Theresa Belden  2937 Orchard Ave N  I support the rezoning to R‐3, the plans for the City and our city goals are for more affordable and  diverse housing. I support those changes. I support adding rapid transit and this is an important step  to those goals.     Kathy Waldhauser  3220 Orchard  I support this rezoning and I recall the conversations over the last 15 years. I understand the traffic  concerns as I also don’t like to cross 55 at Winnetka. I hope things can be done to improve that. I  would encourage the City to put more pressure on Met Council and the County to do something to  reconfigure the roads. This area is ripe for more density and their road configuration isn’t helping. I  would like to see more housing variety on the south side of Golden Valley. Highway 55 has created  an economic division, school district division, a property tax division, and a services division. I would  like to see more variety of housing and that includes affordable and family housing in the south side  of 55. I don’t think that will happen without this project.     Mark Boemer  7529 Harold in the Vallee D’or Complex  I oppose this rezoning and I want to understand the use of the city property. I’d like to understand  the use of city property. I recall a conversation about the community center and hotel going there,  I’m confused why we’re now concerned about the watershed when that was all restricted the to golf  course. We consistently use the term “affordable housing”, when the Rhode Island development  occurred, that was supposed to offer a percentage of affordable housing. Eight years ago, when that  complex was built, the least expensive home sold there was $650k. We need to be careful when we  use the term “affordable housing”. Numerous housing options were placed on Xenia, why wasn’t  affordable housing included there? When the liberty property was built with tax increment financing,  under the guise that there would be affordable housing. From what I understand, there’s not a single  “affordable housing” unit in that complex. To say we want to rezone to R‐3 so as to include  affordable housing, we know a developer will come in and there won’t be actually affordable housing  options. Regarding downtown and the rapid bus transit, I think we’re building these words to present  a grandiose picture. Our downtown consists of two blocks, this isn’t a real downtown area. When you  discuss this complex and folks walking from there to downtown, I’m sure some will a few times but  what will be the actual use? Will all 200 people parade across 55, multiple times per day? BRT hasn’t  been approved and we found out with the light rail, that can be moved at any time. I’m sure they’d  update 394’s BRT before adding a whole new line along 55. If everything south and east is R‐2, why  disrupt the whole neighborhood with R‐3 and not maintain consistency.      Martha Johnson  7647 Harold Ave  My concern is with the BRT, it’s speculative. To rezone based on speculation seems not adequate.  There is a bus stop, have we studied that usage. If folks don’t use that, why do we think a new bus  line is needed.   95 City of Golden Valley     Planning Commission Regular Meeting  February 13, 2023 – 6:30 pm       5  Bev Weinberg  7523 Harold  Regarding housing for seniors, if they’re living in that new complex, they’re unlikely to cross  Winnetka to use the downtown area. Seniors may not drive as much, however families, staff,  vendors, and all other folks to support seniors living in that complex will be using those roads.     Mark Friederichs  7501 Western Ave  I’ve been around long enough to see the Vatican Council, Kennedy assassination, Vietnam War, and  about 50 of these traffic studies. The staff that keeps recommending to change the zoning, it’s folks  outside of our neighborhood. We are the most welcoming neighborhood in the city already. We have  Brookview, the gold course, Lion’s Club – we welcome folks in constantly. Maybe the City should  leave the composition of out neighborhood. Instead of a study, staff should canvass the neighbors  and do what they say.     Tina Prokosh  7601 Harold  I live in a corner complex of the Vallee and this rezoning and project would ruin my view of treetops  from my living room and bedroom. I would instead look at a building and a parking lot, I bought my  unit because of the neighborhood feel and this change would remove that.    Marty Micks  90 Louisiana  This project doesn’t impact me directly but it seems the traffic study was done during covid. (staff  chimed in that the study was done at the end of 2022). Golden Valley Speaks wasn’t accessible today  (staff added that GV Speaks window closes 24 hours in advance of the meeting so staff and  commissioners have time to review). This property has been looked at by developers since the 90’s  and since that time, Harold has been narrowed, the road is less welcoming than before to more  housing. The Xenia has about 300 units with hardly any rented out. New construction costs more so  we are often removing older houses to build new that cost more. We need more creative solutions to  create housing affordable to the average person.     Adam Moench  7710 Harold  I just bought my house and I’ve been working on the house to return it to what it used to be. We  have huge oak trees on our land, we cherish that there was an opportunity for us to be first time  homeowners in this area. There’s a lot of weight to the other comments about affordability and the  rezoning impacts that for us.     Mary Munsterteiger  My daughter is Adams partner and I was their realtor. They are excited for their new home and the  neighborhood. Please consider how this impacts current homeowners.     96 City of Golden Valley     Planning Commission Regular Meeting  February 13, 2023 – 6:30 pm       6  Brian Li  406 Rhode Island  I am against this rezoning. I have a 3‐year‐old and crossing Harold can even be dangerous. We have  16 grade school kids in the area and we need to coordinate to make sure it’s safe for them to cross  the street. I’m concerned that even now the road is hard to cross and this would make that worse. Is  the traffic study public? Are there height restrictions in case the R‐3 is approved.     Aaron Matuseski  407 Rhode Island  I’m a new resident to Golden Valley and I’m also concerned about my son crossing Harold. I would  imagine the development would increase traffic and I suppose it would go to whatever economically  benefits the neighborhood the most. That could be a high rise instead of senior living. My question is  if there has been analysis on meeting the desired density by parceling out the lots similar to how  Rhode Island was done to meet R‐2?    Mike Pikus  7724 Harold  I’m part of the affected rezoning, I’ve lived here since 1991. My question is, once this is rezoned,  what controls if this parcel is developed as one unit or is parceled out individually? The property next  to me is owned by one of the original developers and divides the map in half. What is stopping an  apartment building from being placed in a similar fashion and removing any other possibilities.     Andy Johnson  7645 Harold  The comp plan was a massive document that discussed the general vision for the city. Since then,  many changes have occurred and that’s our City’s plan. It was submitted to Met Council but that  doesn’t mean it can’t change, it’s been changed several times. The Comp Plan envisions many things  working together, this R‐3 is predicated on things that haven’t occurred. The Golden Valley Mall will  not change as long as the current owner is there, it’s documented. The east side of 55 may or may  not change, it’s up for debate. With an R‐3 and a CUP, which only requires 8 items are met, they  could have a 5‐story building. The parking lot will remain, the SW corner will remain, the trees to the  north side of the buildings will be replaced by a structure that could be 5‐stories tall; that’s the one  thing that will change. The bus route is predicated by Met Council and is a guess, they’re also 1million  dollars over budget on the light rail. To have a structure on that corner, there is no viable way to get  over 55 except for the bridge. I live there, I don’t see a lot of traffic there, it’s not a viable option. The  seniors in Calvary don’t even like to go to McDonalds because crossing is too hard in the winter.  Finally, we shouldn’t treat the Comp Plan like a software program where you put an algorithm in and  it spits out an answer. This is our community and we have a right to think about how we want it and  make changes. My last pitch is that we are potentially putting folks out of their homes in the name of  greater density. How can we make these renters move and force them to find an affordable place to  live when they already have one? I don’t think that’s the spirit of Golden Valley.     97 City of Golden Valley     Planning Commission Regular Meeting  February 13, 2023 – 6:30 pm       7  There were no more in person commenters.   Chair Pockl invited remote callers to speak at 7:43pm    Eric Pederson  130 Louisiana Ave N  This is the 3rd time since I’ve lived here, 2010, 2020, and now that we’ve had to organize the  neighborhood. It’s disappointing we have to continue organize the neighborhood to get City Council  to listen to us. Last time we had a petition with over 150 signatures opposing this rezoning. No one  can support the traffic here. We haven’t seen the full impact of traffic yet from Xenia and our areas is  a cut though when Glenwood backs up. We’ve asked for speedbumps near Lion’s park, the City said  before we couldn’t because of the plows so why is it an option now when the rezoning is on the  table. Nothing adjacent has an r‐3 density, downtown isn’t even that dense. Most of the high‐density  buildings are along the corridor where it’s mixed zoning already. Creating this zoning doesn’t make  the bus come through and it doesn’t create a change for downtown. Once this is rezoned, the city  loses control over all development that meets r‐3. It could be 5 stories, it could be dense, it doesn’t  match the neighborhood and it’ll ruin the new houses that were built as well as the townhomes on  Harold. Let’s propose R‐2 for this land, it’ll promote development that matches the neighborhood  and attract folks that would use the park. My final comment is that we were told by the City that  nobody would develop the Rhode Island area and the Harold area but it was because we were sitting  on this rezoning decision that we wouldn’t make. When it was decided, 8 new houses were built. The  same thing will happen now.     Chair Pockl closed the public comment portion at 7:50pm    Staff and commissioners addressed questions from the comment period.      Traffic Study  o The pages of the traffic study, related to this project are in the agenda packet. There  was a larger report done and you may reach out to planning staff and they will provide  that.   o R‐2 traffic study was not included in the traffic study, the number of trips generated is  different.    R‐3 Designation  o R‐3 governs what uses can be there, multi‐family, townhomes, both senior/non‐senior  builds, 4‐story height is by right, for a senior building 5 stories are allowed with a CUP.  o If this were rezoned, how it’s developed, depends on who owns the property and do  the proposals meet the minimum standards. A smaller single‐family lot is not sufficient  for an apartment building. If all 6.2 acres were purchased, 1‐2 multi‐family buildings  could go there. Most of the existing properties are too small to meet the threshold.    Watershed  o There are restrictions related to the water conservation funding and there isn’t  interest in turning Brookview Park into a developed area.    Bus  98 City of Golden Valley     Planning Commission Regular Meeting  February 13, 2023 – 6:30 pm       8  o There is probably ridership data for the bus routes along Winnetka. However, Highway  BRT is very different than standard bus routes or even limited stop buses. It does not  include separate lanes but the pull over on the shoulder and you get on at a station  that resembles a light rail station. It would attract a user from downtown and the  suburbs.    Affordable Housing  o The City cannot zone for affordable housing however it can be part of a proposal if a  developer wanted to include it.   o When the Xenia and Liberty Townhomes were built, the City didn’t have the authority  to require affordable units and maintain them over time. The City does now have a  mixed income policy to make this a requirement for a private developer requesting a  zoning change.     Commissioner Brookins stated that in the past he has supported zoning this lot R‐3, he still supports  that zoning. He can’t predict what will go there but believes it’s best for the City if the area is zoned  R‐3 and what may come because of that. Prior to joining the Planning Commission, I too approached  the group about traffic concerns. In the 30 or so years I’ve lived here, traffic hasn’t changed much  outside of the area around Meadowbrook and that’s a school. I don’t think traffic will be a concern  with a R‐3 zoning. If it doesn’t go to R‐3, I would prefer it stay R‐1 and if someone approaches the  group with a PUD then that can be a conversation later.     Commissioner Ginis echoed many of Brookins’ comments. This rezoning matches the long‐term  vision for the city and pedestrian safety should continue to be prioritized. Ginis added she plans to  stay in Golden Valley forever and would like to live in an accessible facility in her senior years. No  downtown won’t change overnight, but planning/redevelopment around downtown will then  support uses in downtown as they change. Golden Valley should be intentional about transit in the  City an I am an active transit user and living in Golden Valley without a car is not possible. Access to  amenities via transit and aging in place is viable when transit is accessible. Tonight, we’re talking  about one parcel but overall we’re looking at an overall plan and a vision.     Commissioner Ruby stated the 55 corridor cuts off a residential area and it’s a shopping area, not a  downtown. He added he doesn’t see the benefit of re‐zoning the parcel to an R‐3 with the hope it’ll  attract a bus line and other businesses. This parcel should either be a R‐2 or a R‐1 with a PUD.     Commissioner Brenna stated the Comp Plan is important and the City should stick with their plan  and goals. Staff has done a good job following through on the extra items asked of them by council  and addressing concerns from residents. She added that she agrees the trees are beautiful but it’s  also private property and the City can’t control what’s done there. As a forester, she understands  that once old growth trees are gone, they don’t just come back. Additionally, the cut throughs  concerns are valid and usually speedbumps aren’t approved, especially in Minnesota. Brenna asked  staff about the 1.68‐acre parcel and the odds of an apartment complex being built. Staff added the  owners have been there for 10 years and have made no inquiries about rezoning but should there be  momentum, maybe a buyer would be interested in buying multiple properties. Brenna added that  99 City of Golden Valley     Planning Commission Regular Meeting  February 13, 2023 – 6:30 pm       9  she recommends R‐3 be approved with the caveat that extra remediations are done with Harold  traffic.     Commissioner Segelbaum acknowledged this topic has been addressed numerous times; he added  it’s a difficult issue for council. Most areas surrounding this parcel are R‐2, even though Rhode Island  is R‐1, it was built on as R‐2. This parcel should be at least R‐2 however it’s different from the  adjacent lots. It’s across the street from Brookview and it could support R‐3. It’s speculative to  consider BRT or assume that folks would walk to the downtown area. This area is heavily utilized and  the traffic is a concern but given the property’s proximity to Brookview and the long‐term goals, it  makes sense for this are to be re‐zoned R‐3. However, the residents here are saying they have no  intention of selling their home and they want to continue to live here. He added that he hopes  people continue to invest in their homes but if one day it becomes economically unfeasible, then  maybe that will lead to a redevelopment. Segelbaum added that he would like to see traffic calming  opportunities explored and if there are large pieces of information put together before, the  homeowners shouldn’t have to do that again.     Chair Pockl added she struggled with the decision last time It came before the Planning Commission.  There needs to be a balance between what would give Golden Valley a vibrant downtown and the  people directly impacted by this rezoning. The Comp Plan proposal to make this R‐3 was due to the  proximity to Downtown, the downtown study, and the ability to have BRT on 55. These reasons are  too hypothetical to support changing this zoning at this time.     Commissioner Ruby added that the traffic study says there won’t be a traffic concern so in the event  R‐3 is approved, there will be no other recourse to amend traffic or the road because this part of the  data has been collected. This is counter to what the residents are already saying is an issue.  Commissioner Ginis stated the concerns related to pedestrian safety are existing conditions. If the  concern is that highway 55 is too difficult to cross now and prevents folks from walking to the  downtown area that is a block away, that should be an issue City Council is fixing regardless of the  rezoning. If the Harold is a major cut through now and folks don’t feel safe, that should be remedied  regardless of the rezoning. Pedestrian safety is a concern but it’s not a concern related to the  rezoning. If the concern is some factors are too hypothetical, this will continue to come before the  group.   Staff chimed in that the traffic study at this stage is high level and reviews volume. Regardless of how  it’s zoned, there’s another layer of detail analysis that occurs when a development project is  proposed.      MOTION made by Commissioner Ginis, seconded by Commissioner Brenna, to recommend approval  of an amendment to the Zoning Map to rezone the ten properties in question from Single‐Family  Residential (R‐1) to Medium Density Residential (R‐3).  Commissioner Segelbaum commented that he encourages further study of traffic calming and to  forward information previously submitted by residents. Commissioner Ginis supported this  suggestion.    100 City of Golden Valley Planning Commission Regular Meeting  February 13, 2023 – 6:30 pm   10 Aye: Brenna, Ginis, Segelbaum   Nay: Pockl, Ruby  Motion Carried: 3‐2  6.Discussion – TPT Video: Jim Crow of the North Jason Zimmerman, Planning Manager, provided time for an informal discussion among Commissioners regarding their recent viewing of the TPT documentary “Jim Crow of the North.” General observations were that the racist actions of the past continue to have ripple effects today and that while urban planning has always been intentional, it is clear that it has predominantly benefited one group. It was noted that seeing data mapped was very powerful. Commissioners agreed that issues of equity should be discussed when considering future applications, as appropriate. 7.Council Liaison Report Council Member LaMere‐Anderson gave an update on the search for a location for a new remote fire station, the status of the staffing levels within the Police Department, and noted that a new Planning Commissioner would be appointed at the next Council meeting. 8.Other Business Zimmerman noted that Commissioner Brookins was up next to attend the February BZA meeting. He also announced that the City had hired a new Community Development Director, Alma Flores, who would be starting on March 13. 9.Adjournment MOTION by Commissioner Ruby to adjourn, seconded by Commissioner Segelbaum and approved unanimously. Meeting adjourned at 9:20pm. ________________________________      ________________________________                Secretary, Sofia Ginis        Amie Kolesar, Planning Assistant  101        REGULAR MEETING MINUTES    This meeting was held via Webex in accordance with the local emergency declaration made by  the City under Minn. Stat. § 12.37. In accordance with that declaration, beginning on March 16,  2020, all Planning Commission meetings held during the emergency were conducted  electronically. The City used Webex to conduct this meeting and members of the public were  able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it on  CCXmedia.org, or by dialing in to the public call‐in line.   The public was able to participate in this meeting during public comment sections, by dialing the  public call‐in line.    1. Call to Order  The meeting was called to order at 7:00 by Chair Blum.    Roll Call  Commissioners present: Rich Baker, Ron Blum, Adam Brookins, Andy Johnson, Lauren Pockl, Noah  Orloff, Chuck Segelbaum  Commissioners absent:  Ryan Sadeghi  Staff present:    Jason Zimmerman – Planning Manager, Myles Campbell – Planner   Council Liaison present: Gillian Rosenquist    2. Approval of Agenda  Chair Blum asked for a motion to approve the agenda.  MOTION made by Commissioner Segelbaum, seconded by Commissioner Pockl to approve the  agenda of September 14, 2020. Staff called a roll call vote and the motion carried unanimously.    3. Approval of Minutes  Chair Blum asked for a motion to approve the minutes from August 24, 2020.   Chair Blum noted a repletion of text in the minutes.  MOTION made by Commissioner Baker, seconded by Commissioner Brookins to approve the  August 24, 2020 meeting minutes after edits were made.   Staff called a roll call vote, Pockl abstained due to absence and the motion carried.    4. Informal Public Hearing – Zoning Map Amendment – Rezoning of Properties to Achieve  Conformance with eh 2040 Comprehensive Plan (Group 4)  Applicant: City of Golden Valley    September 14, 2020 – 7 pm    102 City of Golden Valley    Planning Commission Regular Meeting  September 14, 2020 – 7 pm       2  Jason Zimmerman, Planning Manager, stated this item is follow up from a previous conversation  regarding the need to rezone for conformity of the 2040 Comprehensive Plan. Two groups are the  focus today: Group 1 was tabled on July 13 and Group 2 was tabled on August 10.   Group 1 includes 10 properties:  7831 Olson Memorial Highway 7830 Harold Ave  440 Winnetka Ave N 7732 Harold Ave  424 Winnetka Ave N 7724 Harold Ave  400 Winnetka Ave N 7720 Harold Ave  7840 Harold Ave 411 Rhode Island Ave N    Zimmerman gave a history of the rezonings per the Commission’s request in July. In 2010, these  same properties were guided for the same Medium Density Residential use; then in 2011 the city  moved to rezone them from R‐1 to R‐3. A traffic study was part of the item when presented to the  Planning Commission and the study recommended ROW improvements to mitigate potential  increases in congestion. A number of these ROW improvements have occurred and a few more will if  development occurs. At the time, the Planning Commission did not make a recommendation to the  City Council and then Council denied the rezoning and the Comp Plan at the time was amended to  reflect Low Density Residential use again.     Group 2:  1300 Douglas Drive  1100 Douglas Drive   1200 Douglas Drive  6212 Golden Valley Road  1170 Douglas Drive  6200 Golden Valley Road    Zimmerman gave a history of this group also as requested by the Commission. In 2000 these  properties were guided for High Density Residential Use as part of the 2020 Comp. Plan. There was a  development proposal for a Senior development in 2008, part of that PUD proposal required a  rezoning from R‐3 to R‐4. In 2008 the Planning Commission recommended approval but City Council  denied the PUD so the rezoning request was withdrawn. Three years later, the City proposed  rezoning to R‐3 and that was approved by City Council. Since then, Douglas Drive has been  reconstructed with a round about and the road itself has had improvements. The City Engineer  stated that all the Douglas Drive plans were based on that future land use map and includes that  high‐density residential use.     Zimmerman displayed a table defining the proposed Medium Density Residential (R‐3) Zoning  District with permitted uses, conditional uses, density ranges, and height restrictions. This was  displayed next to the same table defining current High Density Residential (R‐4) Zoning District.     State statute requires all zoning designations to be consistent with the land uses identified in the  Comp Plan within nine months of adoption.  103 City of Golden Valley    Planning Commission Regular Meeting  September 14, 2020 – 7 pm       3  Should the City choose not to rezone any of these properties, the Future Land Use Map would need  to be amended with the Met Council.    Recommendation  Following the provisions of State statute (sec. 473.858, subd. 1) and the requirements of the  Metropolitan Council with respect to comprehensive planning, staff recommends:   Rezoning the 10 identified properties in Group 1 from R‐1 to R‐3   Rezoning the 6 identified properties in Group 2 from R‐3 to R‐4    Commissioners asked clarifying questions and asked staff to expand on the potential R‐3 zoning  designation, the Land Use Map, and repercussions from not complying with Met Council’s  recommendation on the 2040 Comprehensive Plan.     Chair Blum opened the public hearing at 7:38pm.     Martha Johnson  7647 Harold Ave   Calling about Group 1, the rezoning seems out of character with the green space initiative by the  City. Additionally, that corner is prone to flooding and where would that go if the building was  changed? I would like point out Pockl’s comments about revisiting the Comprehensive Plan, just  because something was agreed on several years ago, doesn’t mean it can’t be revisited and opened  for further discussion.     Christopher Robinson  7650 Harold Ave  Calling about Group 1, our house is a new development in the area. Winnetka/55 intersection is  easily one of the busiest intersections regardless of if you’re entering or leaving the neighborhood.  Our street is one of the streets that cars use to bypass this intersection, speeding down Harold and  Winnetka is super common. This is after some of the traffic changes made. Rezoning will exacerbate  an already terrible traffic issue and will push more cars on roads near parks. Harold has a lot of  pedestrian traffic and an increase in zoning will increase traffic and be a danger to all of us. The size  of complex, this zoning would allow, doesn’t match this area of the city. I support adding people to  the community, I want people to enjoy our neighborhoods and it makes sense to embrace changes in  housing. I am happy to be part of the solution but rezoning this area from R‐1 to R‐3 doesn’t make  sense; rezoning to R‐2 makes more sense to me.     Dale Berg  7435 Ridgeway Road  I’ve lived in this area for 14 years. Finding a home that can meet the needs of families who live, work,  play, and vacation at home is challenging and who knows how long this will continue. Due to the  rezoning for R‐3 being denied in 2011, nine new homes were built and the original owners seem to  still be there. I encourage the Commission to keep this area as R‐1/R‐2 as voiced by the  neighborhood, traffic challenges were noted earlier. There are a lot of speeders. Maintaining the  104 City of Golden Valley    Planning Commission Regular Meeting  September 14, 2020 – 7 pm       4  current zoning will encourage people to sell their homes to other single families or to a developer  who will keep the character of the area. Golden Valley should focus on housing for growing families  at all price points and apartment living doesn’t provide them with room to entertain or yards.     Mustafa Siddiqui  411 Rhode Island Ave North  I will be very disappointed with the density of R‐3. I am a senior citizen and this is my final home. I  have 8 grandchildren that visit and I think I would be very affected. I border a lot of houses behind  that if they go to R‐3, my privacy will be disturbed and my home value will decrease. I ask that you  reconsider and look in to R‐2; R‐3 will ruin my quality of life. The properties erected on Rhode Island,  even though they’re for higher density, they are very nice.     Eric Pederson  130 Louisiana Ave N  I called during the July meeting and was one of the organizers in 2011. It’s unfortunate that when the  Comp Plan was looking at this area for increased density they didn’t address this R‐1 to R‐3 dilemma.  The eastern part of Harold was zoned R‐2 and there are so it does work. The Rhode Island cul‐de‐sac  was also redeveloped. I believe if we rezone to R‐2, this are will be in line and possibly redeveloped in  5‐10 years. I also don’t think this should be done prior to any zoning changes of R‐3. You’re asking a  group that doesn’t even want to be R‐3 to potentially sign up for even more; it’s not the responsible  decision. I would appreciate if this is voted down and a recommendation goes to City Council to go  back to Met Council and rezone this to R‐1 or R‐2, I think you’ll meet less resistance and find  something that can match the neighborhood. I echo everything the other callers said about traffic,  not matching the area, and the removal of trees.     Commissioner Johnson said a lot of work went into the Comp Plan and took at least a year of  constant effort. The last caller did a great job illustrating how potentially out of place a large building  could be. The potential, with a CUP, is for a five‐story building to be built where there isn’t another  five‐story building for at least a quarter‐mile. Would this become a building we end up wishing isn’t  there, especially with the removal of so many trees? What about the bridge idea? It’s not built yet  but do we think elderly people will really use that in inclement weather? I think it needs to be  thought out more. I also don’t think we should be building roads based on things that may happen, it  presumes a lot and doesn’t sit well with me.     Commissioner Baker said what was done in the Comp Plan process was to take the big picture and  apply the larger view to the City, deliberately not thinking about detailed implication. He added  feeling torn between a good big picture decision and the nuance of knowing every detail and  implication of that decision; thinking then that a decision would never be made. There is value in  being cautious about reversing big picture decisions.    Commissioner Pockl asked the zoning of the area across the street, on Harold. Zimmerman  responded that it is R‐2 and there’s a PUD.     105 City of Golden Valley    Planning Commission Regular Meeting  September 14, 2020 – 7 pm       5  Chair Blum started addressing caller comments and addressed potential flooding concerns. Staff  responded that the planning department isn’t aware of flooding but acknowledges the area to the  south being a wetland and does have floodplain, none of that floodplain extends north, across  Harold. That’s not to say flooding doesn’t happen but it’s not something the planning department is  aware of. Chair asked staff had recollection of a road closure due to water. Zimmerman responded it  may have happened but planning wasn’t in the loop.   Chair addressed traffic concerns from callers and asked how that intersection has changed.  Zimmerman addressed this question and went into detail on lanes, direction, turns, and capacity.  Chair asked about expanding another portion of the road to mitigate traffic and the intersection he’s  referring to expanding is in a floodplain. Baker asked if there was evidence to suggest the changes in  traffic was due to west end developments. Staff isn’t aware of studies that would have that  information.    Curtis Smith  7405 Ridgeway Road    Regarding Group 1, there’s been a lot of great discussion from callers and Commissioners. There’s  another safety issue, morning and afternoon commuters from 55 and 394 cut through the  neighborhoods at high speeds. I see kids waiting for busses and they’re going 55mph, this has  increased with the development along Laurel. I see this activity on Ridgeway, Louisiana,  Pennsylvania, and Jersey makes for a dangerous situation. Second, what will the impact on the  wetlands be? Last, there’s concern about traffic that leads past Meadowbrook to Glenwood.     Jason O’Shea  7701 Ewald Terrace  Before Covid, it was normal for Winnetka, south of 55, to back up all to and past Western. In order to  skip traffic, people cut through on Rhode Island, Laurel, and Sumter. There are a lot of kids in these  roads and the whole area has now become more congested, primarily in the evening. If we talk about  changing Group 1 from R‐1 to R‐3, increased density will add to this traffic issue. The area to the  south is R‐2 and that would be more consistent than R‐3.     Brian Lee  406 Rhode Island Ave  We have a lot of children in this cul‐de‐sac, my family walks every day and crossing the street is  already dangerous, even to get to the sidewalk. I’m concerned about the lack of research done  before these recommendations were made, specifically about flooding. There are a few homes,  north of Harold that flood every spring. Northbound Winnetka backs up to Laurel and drivers often  cut through on Western to avoid traffic. My family is on board with development in this area and can  appreciate R‐2 zoning but we don’t support R‐3.     Chair Blum asked staff to what extent the traffic concerns could be mitigated between highway 394  and 55. Zimmerman stated that if the area were to be redeveloped, a traffic study would likely be  required. That would look at the added density, likely added traffic, and allow a traffic consultant to  make targeted predictions of use and address mitigation. These are questions city engineers can  106 City of Golden Valley    Planning Commission Regular Meeting  September 14, 2020 – 7 pm       6  really answer. Baker asked about flooding since numerous callers insisted it occurs and asked staff  about the dates on the most current floodplain map. Zimmerman wasn’t sure of dates but pointed  out that the floodplain map doesn’t consider where water floods and pools in resident yards.    Segelbaum asked about the size of Group 1 and if it meets the 2‐acre minimum for a PUD.  Zimmerman responded that it’s a 6‐acre site if all the properties were combined.   The discussion moved on to setbacks and building height as well as pedestrian traffic.    Being that the conversation was dominated by Group 1, Zimmerman asked if anyone had comments  on Group 2. Segelbaum stated that while a lot of feedback has come up from Group 1, it’s interesting  there hasn’t been more feedback on Group 2. The density change in Group 2 makes sense to spur  development. Pockl echoed this statement and added that traffic mitigation measures have taken  place in this area.     Dale Berg  7435 Ridgeway Road  Asked Adam Brookins to state who his employer is.     Commissioners encouraged Brookins not to answer that question as no Commissioner is required to  do so. Positions on the Commission are volunteer and members stated anecdotally that members are  upright, honest, and have the City’s best interest at heart.     Brookins asked staff if there were future development plans for Winnetka as the Douglas Drive  project was a county project. Zimmerman affirmed the county construction project and doesn’t see  the City engaging on a large‐scale study in the near future.     Chair Blum closed the public hearing at 8:58pm.     MOTION made by Commissioner Baker, and seconded by Commissioner Pockl to deny staff  recommendation to rezone Group 1 from R‐1 to an R‐3 and encourage the City to look at ways to  enhance infrastructure surrounding this area and/or other zoning of the properties.   Staff took a roll call vote.  Aye: Baker, Blum, Johnson, Pockl, Segelbaum  Nay: Brookins,   Motion passes, 5:1    MOTION made by Commissioner Brookins, and seconded by Commissioner Segelbaum to approve  staff recommendation and rezone Group 2 from R‐3 to R‐4.    Staff took a roll call vote and the motion passed unanimously.    5. Informal Public Hearing – Amendment to Conditional Use Permit No. 145  Applicant: Good Shepherd Church and School  Location: 145 Jersey Ave S  107 List of Affected Properties Address Current Zoning Proposed Zoning 7831 Olson Memorial Highway R-1 R-3 440 Winnetka Ave N R-1 R-3 424 Winnetka Ave N R-1 R-3 400 Winnetka Ave N R-1 R-3 7840 Harold Ave R-1 R-3 7830 Harold Ave R-1 R-3 7732 Harold Ave R-1 R-3 7724 Harold Ave R-1 R-3 7710 Harold Ave R-1 R-3 411 Rhode Island Ave N R-1 R-3 108 Future Land Use Current Zoning 109 GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY GOLDV 166095 Page 34 5.4 Area 5 Sensitivity Analysis A supplemental traffic sensitivity analysis was performed for Area 5, located on the SE quadrant of TH 55 and Winnetka Avenue, north of Harold Avenue. In addition to the 2042 full build volumes from the downtown redevelopment analysis, extra traffic volumes were distributed to all study intersections based on expected future trip generation in Area 5. Area 5 is approximately 6.2 acres and currently zoned as R-1(Single Family Residential). The area, however, is being proposed for R-3 zoning (Medium Density Residential). Based on the City Code, Section 113-90, the following maximum land use densities1 are allowed for areas zoned R-3: • 20 multi-family dwelling units per acre (125 total) • 30 senior housing units per acre (187 total) Using the ITE Trip Generation Manual, 11th Edition, Table 14 summarizes the daily and peak hour trip generation estimates based on the 20 multi-family dwelling units of 30 senior housing units for different residential land use types. Table 14 – Area 5 Trip Generation Scenarios Land Use Type (ITE Code) Units/Acre Total Units Daily Trips AM Peak Hour Trips PM Peak Hour Trips Apartments (221) 20 125 568 46 49 Senior Apartments (252) 30 187 606 37 47 Townhomes (215) 20 125 900 60 71 Senior Townhomes (251) 30 187 806 45 56 1 Maximum densities include the by-right densities for each category, 5 additional units/acre for each category, and density bonuses of 3 units/acre for general residential and 5 units/acre for senior housing pursuant to the City’s Residential Density Bonus Policy. Area 5 (6.2 Harold Ave Sensitivity analysis performed for the potential residential development in Area 5, located on the SE quadrant of TH 55 and Winnetka Ave. 110 GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY GOLDV 166095 Page 35 Based on the trip generation of each R-3 development scenario for Area 5, the 125 townhomes are estimated to generate the greatest daily and peak hour traffic. Figure 12 depicts the 2042 build traffic from the downtown redevelopment areas, the Area 5 trips using the peak hour trips generated by 125 townhomes, and the total build traffic at the TH 55 at Winnetka Ave and Winnetka Ave at Harold Ave intersections. The distribution assumes that all residential development access points will be on Harold Avenue and none on Winnetka Avenue. A relatively low number of new peak hour trips are added to the two intersections, with a maximum of 27 vehicles added to Winnetka Avenue in the northbound direction and 31 vehicles added to Harold Avenue in the westbound direction. This equates to about one additional trip in each direction every two minutes, or 3-4 additional trips per direction during each TH 55/Winnetka Avenue signal cycle. Figure 12 – 2042 Area 5 Sensitivity Analysis Traffic Volumes An operations analysis was completed using the 2042 Build + Area 5 Trips for the TH 55 at Winnetka Avenue and Winnetka Ave at Harold Avenue intersections. The results were compared to the 2042 Full Build operations, which are summarized in Table 15. The new trips generated by Area 5 are expected to have minimal impact to the Harold Avenue and TH 55 intersections on Winnetka Avenue. At the TH 55 at Winnetka Avenue intersection, the increase in delay is less than 2 seconds per vehicle during the AM peak hour and less than 1 second per vehicle during the PM peak hour. At the Winnetka Avenue at Harold Avenue intersection, there is no change in the delay during the AM peak hour and a less than 1 second per vehicle increase in delay during the PM peak hour. Additionally, the AM and PM northbound maximum queue lengths at the TH 55 at Winnetka Avenue signal increases by approximately 1-2 vehicles and are expected to clear the intersection in a single cycle. 111 GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY GOLDV 166095 Page 36 The significant delays experienced on the side streets are comparable to the 2022 existing conditions and are primarily attributed to the longer cycle lengths set by MnDOT along TH 55, which prioritize vehicle throughput on the mainline. As development occurs in Area 5, it is recommended that the accesses on Winnetka Avenue be removed, and all accesses be located on Harold Avenue to minimize conflict and offer additional northbound storage room for queues. Table 15 – 2042 Build Traffic Operations – Area 5 Sensitivity Analysis (SimTraffic) Peak Hour Intersections: Approach 2042 Full Build 2042 Full Build - Area 5 Sensitivity Analysis Approach (sec/LOS) Intersection (sec/LOS) Approach (sec/LOS) Intersection (sec/LOS) AM Peak Hour TH 55 at Winnetka Ave (Traffic Signal) EB 16.6 / B 26.6 / C 16.5 / B 27.8 / C WB 12.0 / B 12.2 / B NB 85.7 / F 94.6 / F SB 66.6 / E 67.5 / E Winnetka Ave at Harold Ave (Traffic Signal) EB 7.0 / A 2.6 / A 5.7 / A 2.6 / A WB 4.7 / A 5.1 / A NB 0.2 / A 0.2 / A SB 3.8 / A 3.5 / A PM Peak Hour TH 55 at Winnetka Ave (Traffic Signal) EB 17.2 / B 33.3 / C 16.2 / B 33.9 / C WB 18.3 / B 18.8 / B NB 88.5 / F 92.9 / F SB 80.6 / F 79.1 / E Winnetka Ave at Harold Ave (Traffic Signal) EB 8.2 / A 1.1 / A 10.6 / B 1.4 / A WB 5.1 / A 5.1 / A NB 0.2 / A 0.3 / A SB 3.1 / A 3.7 / A 5.5 Golden Valley Road at Wisconsin Avenue Intersection Analysis 5.5.1 Single Lane Roundabout Although the intersection of Golden Valley Road at Wisconsin Avenue does not indicate existing safety concerns or future operational issues with the redevelopment traffic demand, the City requested a review of the operations of a roundabout at the intersection. The intersection currently operates as an all-way stop controlled intersection. The roundabout-controlled intersection could be implemented as a traffic calming strategy for the corridor, be a gateway feature into the City’s downtown area, or alleviate any future safety or operational concerns. The roundabout analysis was performed using the Highway Capacity Software (HCS7), which implements the Highway Capacity Manual (HCM) calculations. The all-way stop analysis was also performed using HCS7 for a direct comparison between the control options. Table 16 summarizes the operations for the intersection under the existing all-way stop control and the roundabout control. The two control types show similar operations during the AM peak period, showing LOS A for the intersection and for all approaches with minimal queueing. During the PM 112 Downtown Residential Density Analysis Quarter Mile Half Mile Total Units Residential Acreage Avg. Residential Density Total Units Residential Acreage Avg. Residential Density Existing Residential 215 30.76 6.99 899 124.52 7.22 2040 Land Use w/o Harold 380 36.27 10.49 1550 146.22 10.60 2040 Land Use - Full Projection 558 36.27 15.37 1727 146.22 11.81 113 Golden Valley Speaks Published Comments for February 13, 2023 Planning Commission Meeting Zoning Map Amendment for Harold Ave / Winnetka Ave N / Hwy 55 Andy Johnson ∙ Feb 12, 2023 ∙ 12:56pm Dear Planning Staff and Commissioners, Please accept my comments below regarding Informal Public Hearing – Rezone Properties at Harold Ave / Winnetka Ave N / Highway 55 to Achieve Conformance with the 2040 Comprehensive Plan. 1. Why wasn’t this comp plan item scheduled to be completed within the 9 month limit, when the majority of other changes were made within that deadline? What is the rationale for this discussion occurring now? 2. One of the reasons for delaying this decision was the downtown study. What parts of that study have contributed to this zoning change being considered? Have the post office and McDonald’s properties become available? What areas are ready for new development? 3. While there aren’t any proposals before the city for this zoning, what and how many inquiries has the city received? 4. Forcing alignment to the Comp plan ignores the many times the City Council has changed zoning and land use post this most recent comp plan’s approval. The Comp plan is subject to change. 5. The city recently adopted new R2 standards which were adopted post comp plan approval. What if any opportunity is there to rezone to R2 – especially considering all the time and effort that went into that work and there are other R2 zones in that immediate area. 6. A five story building has always been a major obstacle to this zoning idea and is not in keeping with the neighborhood’s character. There is no other 5 story residential building in this neighborhood. The closest one is separated from this area by a major highway, a parking lot, a low height strip mall and post office and most importantly have very limited view of them because they are separated by plentiful amount of trees. 7. What do the Met Council planners say about parking lots adjacent to major highways? Do they favor them? And if not, what is the plan to replace them? 8. A new bridge over Hwy 55 and Winnetka is a wonderful idea, but still just a plan. Odds are that a five story building will be built far sooner than a bridge. Is there funding for a bridge? How long historically does it take the city to obtain similar funding? Increasing density without immediately building transit options to downtown is contrary to the purpose of that density. 9. The BRT study most likely overestimates ridership as with all their estimates. Regardless, what is the plan to ease pedestrian travel across Hwy 55 and/or Winnetka? Basically this seems like an administrative activity to force a zoning decision and is the tail wagging the dog. 10. The fact that the city implemented safety features on Harold/Winnetka prior to finalization of this zoning decision is either bad planning or a ploy to help validate the need to rezone. 11. Rezoning this area will destroy the natural barrier its trees provide from the parking lots and malls just north of Hwy 55. A tree preservation plan will never equal what is in place now. 12. The city continues to shoehorn this zoning into place via a bus route with no riders, a downtown study with no chance of major change (especially regarding GV mall ownership), and questionable infrastructure updates. Suggest the city evaluate the use of R2 zoning which address the modernization of this parcel while minimizing impacts to current residents and will maintain the neighborhood character. Thank you very much for your time and attention to this matter. Address: 7645 Harold Ave Golden Valley , 55427 Kyle Scott ∙ Feb 9, 2023 ∙ 9:35pm Planning Commission for the City: I am strongly in support of the rezoning of the proposed Harold Ave/Winnetka/Olson Memorial Highway 55 area to enable development of medium density housing. I have recently been considering downsizing from my current home and I know the challenge of finding a suitable smaller residence within Golden Valley for myself, as well as finding something for my aging parents. It is truly unfortunate when long term residents feel they need to move out of the city for housing when a single family home is no longer a good fit due to the need to downsize or the need for less intensive external home upkeep, e.g. due to aging or loss of mobility. The proposed location identified seems ideally suited for medium density zoning. It would be a benefit 114 to current residents who desire to stay in the city in future years, as well as for new residents of the city, while having negligible impact on road congestion, if planned correctly. This would be an ideal location for senior housing options. Address: 8100 23rd Ave N Golden Valley, 55427 Elizabeth Andress ∙ Feb 9, 2023 ∙ 8:53pm As a long-time Golden Valley resident, I support the proposed zoning change. I have been inspired by the visioning for the Golden Valley "downtown" area, and I want to see options beyond single family homes at this site as work towards the 2040 Comprehensive Plan. It may even be a place we would want to live as we age out of our single family home. I agree with many of Ruth P's points as well. I know that there are detractors who want our first-ring suburb to remain primarily as it has been and who worry that multi-unit dwellings will negatively impact our community. I do not share these worries. Practical aspects like traffic and pedestrian safety certainly need to addressed, which I understand is part of any development project. We as a community have stated in the Plan that this is the direction to go to remain a vibrant place into the future. Address: 1620 Aquila Ave N Golden Valley, 55427-3806 Ruth Paradise ∙ Feb 9, 2023 ∙ 6:57pm To the City of Golden Valley Planning Commission I support changing the zoning for the Harold/Winnetka/Hwy 55 area to medium density zoning. The possibility of a future building for seniors, across from Brookview and adjacent to the envisioned downtown area is an important opportunity, especially in light of the ageing population of Golden Valley and the lack of places for residents to live once they need to leave their homes. The increased density would strengthen the city's case for having a Metro Rapid Transit Station, a station that is needed if we are to make the area more attractive to workforce personnel and people dependent on public transportation. This change is part of the approved 2040 Comprehensive Plan and should be implemented sooner rather than later so that the vision for a future G.V. can be realized. The studies done by the City staff have shown that medium density will not significantly affect traffic at that location. Buildings, such as the Calvary complex, already exist in that area. Medium Density zoning allows for a better use of land that is adjacent to a highway and a commercial area with restaurants and other businesses. It should not remain limited to single family homes. Thank you for your consideration, Address: 8515 Duluth St. GOLDEN VALLEY, 55427 115 To: Planning Date: February 7, 2023 9:44 PM Zoning Map Amendment for Harold Ave / Winnetka Ave N / Hwy 55 Hello, Me and my family oppose the again proposed rezoning of the properties across from our home on Harold Ave. We believe the addition of traffic with increased density would greatly reduce safety on an already busy Harold Ave. We believe that medium density residential does not fit the character of the neighborhood, of the immediate area. Please please please help keep my kids safe and our neighborhood beautiful. Please let me know if I need to post our opinion in a different location in order to be heard on this issue. Adam Peterson 7643 Harold Ave 612-360-9311 February 10, 2023 Christopher Robinson 7650 Harold Avenue 612-599-7448 chrisjrobinson@outlook.com Mayor, Councilmembers, and Planning Commission: I’m writing to again voice my concerns about the proposal to rezone properties on the south corner of Winnetka and Highway 55 from R-1 (Single Family Residential) to R-3 (Medium Density Residential) and to urge you to reject this proposal and instead look for another more suitable solution. We have a wonderful community, and I believe there are exciting, positive things that can and should happen here. Development and progress are critical, and the need for affordable housing and achievable home ownership is incredibly important. But it is also important for the solution to fit within the surrounding neighborhoods. This is a neighborhood of single-family homes and condominiums, nestled in a larger series of single-family neighborhoods, and the introduction of zoning that would allow for a 4-5 story complex simply is not a suitable fit for the area. In addition, this area sees significant foot and bike traffic because of the parks in the area, with a steady stream of runners, cyclists, and walkers out with their families, children, and pets. Introducing the amount of traffic commensurate with this density increase would have a marked, negative impact on the safety of residents and guests in these neighborhoods. 116 There’s also a meaningful environmental impact in terms of loss of trees, loss of drainage area, increased traffic, less ‘green’ space, and negative impact to the Western Ave Marsh and accompanying wildlife. This proposal has been brought forward multiple times, and it is no more suitable today than it has been in the past. Each time the community has clearly and vocally indicated its opposition to this plan. When we last discussed this in 2020, in addition to the many individuals providing feedback, there was a petition with 130 signatures of residents opposed to the proposal. As an alternate option many of us have brought up R-2 (Moderate Density Residential) as a much better fit for the area, allowing for increased population density but also affording more home ownership opportunities, while keeping momentum and development that is already happening here moving forward in a way that fits so much better with the area. This would set the stage very nicely for growth over the next 10 – 20 years and be a much more suitable fit for the community. I understand it is challenging to balance the needs of the neighborhoods and community with the needs of the city. I just want to see safe, thoughtful, sustainable, change—change that is suitable and in keeping with the neighborhoods and community. I know my neighbors want the same, and we truly want to be part of the solution. Let’s work together and find a better option for our neighborhood than this proposal! Thank you for your time, your consideration, and our leadership. Respectfully, Christopher Robinson To: Jason Zimmerman Date: February 13, 2023 1:27 PM Comments for Planning Commission I support affordable senior and workforce housing in and around Golden Valley’s downtown, with safe pedestrian access to parks, gathering spaces and conveniences. More density and height on the south side of Highway 55 would convert that corridor into a true city center and destination, as opposed to strip malls, offices and warehouses facing a noisy dirty highway on one side and single family homes facing it on the other. It would also buffer low-rise residences to the south from highway noise and lights. Solving the road access problem in that area should be on the Met Council if they truly support more urban-style density in the suburbs. Busy transit corridors are of little benefit to the cities that host them unless drivers and riders slow down enough to notice and use the amenities available there. Like I94 and other freeways, it is too late to undo the damage done to our community by I394 and Highway 100 except with costly land bridges, but highways at grade like 55 could be re-extended further from the city as parkways, as they once were. Instead, we have walled off adjacent neighborhoods by removing access. 117 Finally, I would like to see a better distribution of affordable family housing throughout the city. Busy roads and school boundaries too often reinforce economic segregation within Golden Valley and a segregated community is not really a community at all. Thank you, Cathy Waldhauser 3220 Orchard Ave N 118 1. Why wasn’t this comp plan item scheduled to be completed within the 9 month limit, when the majority of other changes were made within that deadline? What is the rationale for this discussion occurring now? The City Council tabled the decision on the rezoning in October of 2020 and asked for more information to be made available before this item was brought back to the Planning Commission – the main one being a traffic study, which was conducted during the last half of 2022. Staff spoke with the Met Council Sector Rep and explained the reason for the delay in reaching alignment and were told this type of additional investigation was an acceptable reason to push beyond the typical 9 month timeframe. With the results of the traffic study late in 2022, staff also checked with MetroTransit on the status of the pending Hwy 55 BRT study. Unfortunately, there is no firm timetable for when that will begin and so rather than wait for an additional undetermined length of time, staff scheduled the item for consideration by the Planning Commission and City Council with the information at hand. 2. One of the reasons for delaying this decision was the downtown study. What parts of that study have contributed to this zoning change being considered? Have the post office and McDonald’s properties become available? What areas are ready for new development? This item was not delayed because of the Downtown Study, but primarily to see the results of the traffic study, since congestion and pedestrian safety were a great concern of residents when this was proposed in 2020. In the intervening 2.5 years, a proposal has come before the City (to be heard by the Planning Commission on February 27) regarding redevelopment of the Wells Fargo and Park Nicollet sites at Wisconsin and Golden Valley Road. 3. While there aren’t any proposals before the city for this zoning, what and how many inquiries has the city received? Over the last 2.5 years, staff have discussed this corner with approximately 5-10 developers. Without (a) the area being rezoned for higher density residential use and (b) control of properties by sales of willing owners, there is no opportunity for redevelopment. 4. Forcing alignment to the Comp plan ignores the many times the City Council has changed zoning and land use post this most recent comp plan’s approval. The Comp plan is subject to change. The Comp Plan is subject to change with a vote by the City Council and review and approval by the Met Council. Should the Council choose not to rezone this area, the logical next step would be a proposed change in the existing Future Land Use Plan to guide the area back to Low Density Residential use. If approved by the City Council, this would be forwarded to the Met Council for review. 5. The city recently adopted new R2 standards which were adopted post comp plan approval. What if any opportunity is there to rezone to R2 – especially considering all the time and effort that went into that work and there are other R2 zones in that immediate area. In 2021, rowhouses were added to the R-2 zoning district as a permitted use. Any property zoned R-2 that meets the minimum dimensional standards could potentially be used for rowhouses (up to four attached units), as well as for the usual single-family and duplex uses that were already allowed in the Zoning Code. if the rezoning to R-3 is denied by the City Council, modifying the Future Land Use Plan to show a Moderate Density Residential designation would need to be approved and forwarded to the Met Council for review. 119 6. A five story building has always been a major obstacle to this zoning idea and is not in keeping with the neighborhood’s character. There is no other 5 story residential building in this neighborhood. The closest one is separated from this area by a major highway, a parking lot, a low height strip mall and post office and most importantly have very limited view of them because they are separated by plentiful amount of trees. There are no five-story buildings along the south side of Hwy 55 until you reach the west side of Hwy 169 in Plymouth (a newer six-story multifamily building, The Axis Apartments). The Hello Apartments, north of Hwy 55, are also six stories tall. 7. What do the Met Council planners say about parking lots adjacent to major highways? Do they favor them? And if not, what is the plan to replace them? To staff’s knowledge, Met Council planners have expressed no opinions regarding parking lots adjacent to major highways. These exist through the metro area and serve the traditional purpose of providing parking for adjacent commercial, office, or residential areas. For land within a half-mile of a transit station/stop, best practice to provide a density of jobs or residential units in order to support the transit line. Often, this means development that favors structured parking over large surface lots. There are no plans to “replace” these parking lots across the metro area – certainly not by the Met Council. But local municipalities, for whatever reason, may support private efforts to intensify site through redevelopment that reduces surface parking. 8. A new bridge over Hwy 55 and Winnetka is a wonderful idea, but still just a plan. Odds are that a five story building will be built far sooner than a bridge. Is there funding for a bridge? How long historically does it take the city to obtain similar funding? Increasing density without immediately building transit options to downtown is contrary to the purpose of that density. A new bridge over Hwy 55 (and potentially over Winnetka) are only concepts at this point, with no design, costs, or funding identified. Along with supporting investment in BRT, safety and mobility improvements (such as a new ped bridge) are included in the City’s Legislative Priorities. One point working in favor of a new pedestrian bridge is that the current infrastructure is not ADA compliant, providing a small bit of urgency to moving towards a replacement. 9. The BRT study most likely overestimates ridership as with all their estimates. Regardless, what is the plan to ease pedestrian travel across Hwy 55 and/or Winnetka? Basically this seems like an administrative activity to force a zoning decision and is the tail wagging the dog. Plans for pedestrian safety and mobility improvements would be crafted in conjunction with BRT planning if/when that occurs. 10. The fact that the city implemented safety features on Harold/Winnetka prior to finalization of this zoning decision is either bad planning or a ploy to help validate the need to rezone. The installation of the Rapid Beacon across Winnetka at Harold was done partially in reaction to previous neighborhood comments regarding the challenges for pedestrians wanting to reach Brookview Park. It was identified and has been included in the City’s CIP for a number of years. 120 11. Rezoning this area will destroy the natural barrier its trees provide from the parking lots and malls just north of Hwy 55. A tree preservation plan will never equal what is in place now. Rezoning the area will have no direct impact on the existing trees. Future redevelopment could, depending on which properties are involved and how the site plan is developed. Buildings can also be considered visual buffers, as well as serve to block the noise of highways and other activities. 12. The city continues to shoehorn this zoning into place via a bus route with no riders, a downtown study with no chance of major change (especially regarding GV mall ownership), and questionable infrastructure updates. Suggest the city evaluate the use of R2 zoning which address the modernization of this parcel while minimizing impacts to current residents and will maintain the neighborhood character. It is the opinion of staff that rezoning to R-2 is unlikely to result in a noticeable change to the area. The number of units available under R-2 zoning would likely not be enough to justify the purchase of properties for even a more modest redevelopment, such as rowhouses. Only one of the 10 lots would qualify for a subdivision from one to two parcels. As a result, R-2 zoning would most likely mean the single-family homes would remain or be converted/rebuilt as duplexes at some point in the future. Direct driveway access onto Winnetka would also continue. Further, the lack of sufficient density to support a future Hwy 55 BRT station could threaten the feasibility of the transit line. Other comments: “This comes up every 6-9 months.” A similar rezoning was debated in 2011, and then not again until 2020. The Planning Commission and City Council have not discussed this in almost 2.5 years. “The area can’t support more traffic.” The results of the traffic study conducted in 2022 suggest that even the full development of the entire 6.2 acres would have no noticeable impact on the Level of Service of the Winnetka / Hwy 55 intersection. See the attached traffic study for more information. “Why can’t the City use the Brookview land in the southwest corner of the intersection for development?” This area was developed as park land using Land and Water Conservation (LAWCON) funds, and any land acquired or developed in this manner cannot be converted to anything other than recreation use unless replacement land of at least equal fair market value and usefulness is provided. “Harold Avenue would become an even worse cut-through.” 2022 ADT counts for Harold Avenue were just over 1,000 trips per day (1,037 ADT near the intersection with Winnetka). This is basically unchanged from 2010 (at 978 ADT). The traffic study estimated that the 121 type of development generating the most trips would be 125 townhome units, which would generate 900 new daily trips. Of those, the majority would be via Winnetka and Hwy 55. “The site has been designated for low income/affordable housing.” The City cannot designate private land for certain types of affordability. While providing affordable housing is a priority, the City can only offer incentives to encourage it. Choices about what levels of affordability to provide are left up to individual private developers. “Families would be forced out.” The rezoning of these properties would have no impact on the ability of residents to remain in their homes. Eminent domain is not an option unless land is being taken for a public purpose. Any future change in ownership would be voluntary, with a current owner deciding to sell for a price they felt was acceptable. The City would have no role in those transactions, should they occur. 122 Emailed Public Comments from Residents to the City Council through March 1, 2023 From: Rebecca Bell Sent: Monday, February 20, 2023 10:29 AM Subject: the zoning of several properties on the corners of Highway 55, Winnetka Avenue, and Harold Avenue from Single-Family Residential (R1) to Medium Density Residential (R3) Council, I live near Lion’s Park and drive or walk through the above area frequently. The added traffic to the roads and the change in the atmosphere of the neighborhood are neither ideal to the community feel of Golden Valley. Additionally, I don’t believe that Lion’s Park is able to handle the large increase in use. Thank you. All the best, Rebecca Winner of Clio’s Reisman Award for Excellence in Client Service! Rebecca Bell Founder & Attorney at Law, rb LEGAL, LLC Listen First. Solve Second. Care Always.SM From: Margaret Leppik Sent: Mon, Feb 20, 2023 at 6:05 PM Subject: zoning issue Hi Gillian, I don’t know if I’ll be able to come to the City Council meeting tomorrow, but I’d like to add my 2 cents worth on the proposal to change the zoning from R1 to R3 along Harold Ave. Here are my thoughts in brief. • The traffic issues at Harold and Winnetka are real. The jams are bad enough now during rush hours and would be far worse should a high-density development be built in that area. Even if it’s a development for seniors, many still drive and some continue to work well into their 70s. The increased traffic could also affect the safety of children walking to and from Lions Park. • This is currently an area of single family homes, and the size of buildings allowable under R3 is way out of line for the area. While I heard someone claim at the Zoning Commission meeting that nobody is forced to sell their home to a developer, in a sense they are forced to sell if neighbors sell because if they didn’t, they would become isolated hold-outs surrounded by 4 to 5 story buildings. Once the development was completed, the value of these isolated homes could be radically reduced. • This rezoning proposal is being supported by advocates for more affordable housing in GV, and I understand and generally support that position. However, I think there is a reasonable compromise for this location, which would be radically affected by a R3 zone. Why not rezone to R2, which would allow for some increased density and even some low-income residents? Some 123 current homeowners might welcome this change because it would allow them to expand housing options voluntarily without destroying destroying the character of the neighborhood. There you have it, Gillian. You’ve probably heard all this before, but I hope you’ll see the common sense in seeking this compromise of an R2 zone. Thanks so much for “hearing” me out. Peggy From: Jason O'Shea Sent: Wednesday, February 22, 2023 11:18:36 AM Subject: Rezoning of Harold and Winnetka Councilperson Rosenquist, A group of concerned citizens have been raising concerns about the potential rezoning of the Winnetka/Harold/55/Glenwood area to R3 housing. We feel this would be a detriment to our neighborhood for the following reasons: Negative Impact to the character of the neighborhood: • This area has been an R1 single family neighborhood for 50+ years. We chose to live here and raise a family here because it is a suburban neighborhood. We do not want dense urban development. • A reduction of green space would alter the character of the neighborhood. We want to keep the trees and green spaces accessible to families, both young and old, whom enjoy walking the neighborhood. • The neighborhood parks are already heavily used by residents; adding R3 housing would further crowd common spaces, resulting in safety concerns and insufficient parking. • There is already higher density development both on the 394 corridor and north of 55, where businesses reside. Safety concerns from increased traffic: • Harold, Winnetka and Glenwood already have high traffic. There are many times you cannot turn from Harold onto either Glenwood or Winnetka. • Increased traffic from drivers using Glenwood coming from 100 would also increase congestion by Meadowbrook Elementary School and would limit transportation options for students, parents, and facility. • Cars already go dangerously fast on both Winnetka and Harold Road and do not yield to pedestrians, even with traffic signs to slow cars down. We are very concerned about increasing traffic on these roads. 124 • Additional traffic from a higher density R3 building would drive traffic and parking further into residential neighborhoods, making it unsafe for children and pedestrian traffic. We request a NO Vote on the R3 rezoning. This area can be redeveloped as it is currently zoned, lots resized, and still meets higher density target. Jason O’Shea 7701 Ewald Ter Golden Valley, MN From: Andre’ Trawick Sent: February 22, 2023 1:57 PM Subject: Public comment on Re-Zoning properties at the intersections of Harold, Winnetka, and Hwy 55 Hello, I'm Andre' Trawick and I am a resident of Golden Valley, residing in the Hampshire Park neighborhood. I'm writing to you today regarding the rezoning of the Winnetka-Hwy55-Harold Ave plots of land that are under review to be re-zoned to R3. In summary, I am in full support of re-zoning of underutilized land to increase the housing availability in Golden Valley. Given the proximity to Golden Valley's downtown it would be a real boon to the city to have medium sized multifamily properties go in that area. The only way to keep rents affordable for all Minnesotans is to build more housing. I welcome the new residents that would move into those properties, and welcome the additional density near our downtown area. Concerns regarding losing "green space" to a new medium sized multifamily building are unfounded, as Golden Valley already has significant amounts of green spaces and trails. Same goes for concerns regarding loss of wildlife- this section of road borders a highway. It's hard to imagine anything being more impactful on an ecosystem than a highway. Concerns regarding heavy traffic are reasonable in a very general sense. It's not reasonable to expect a highway to have zero traffic growth year over year. Traffic is going to be growing regardless of how many families live in the plot of land under question. I feel that any issues regarding walkability can be resolved with careful planning, including a second pedestrian bridge crossing 55 or a bridge crossing Winnetka on the south side of 55 to connect with the pre-existing bridge with any new developments. Winnetka and Harold connect parks and neighborhoods so it's not like they are going to get a huge influx of new traffic- people living in the area under question would walk or bike to the city's features due to their proximity. Furthermore, the impacted sections of those roads are minimal given the fact the land in question has its longest border with a highway and the Winnetka section is the smallest border. 125 Concerns regarding increased density causing the neighborhoods to "lose character" are unfounded. Many American cultural and economic touchstones have come from people that reside in high density urban areas. Having gathering areas for people builds community. Cultural activity increases with density. Given some of the rhetoric I've been reading online, it's very clear people are worried about the type of culture that will pop up. Frankly, it's none of their business unless they move into the buildings that are put up in the area under question. If one is concerned about increasing density in general, then they can't expect economic growth in Golden Valley. If an area isn't growing, then its shrinking. There is no "steady state" in any economy. Thank you for taking the time to read my letter concerning the re-zoning debate, and I hope we can find ways to allow more people to live in our wonderful city. Kind Regards, Andre' From: Laura L Sent: Wednesday, February 22, 2023 3:39:18 PM Subject: no change to zoning Winnetka/55/Harold area Greetings, I have been a resident of GV for about 25 years. I would like to keep the increased traffic and associated issues out of our neighborhood. The fact that our Police Dept is struggling for staff and work loads at this time only increase my desire to NOT change zoning. Sincerely, Laura Lazowski From: Erik Pederson Sent: Thursday, February 23, 2023 12:10:30 PM Subject: Harold Avenue Rezoning To the Golden Valley Mayor and City Council, This is now my third time addressing this longstanding zoning issue in Golden Valley. 2011 rezoning proposals along Harold. This resulted in Harold largely moving to R2, the area is questioning staying R1, and the Rhode Island block being redeveloped because the city finally made a ruling on the zoning and the bank owned and investor properties were sold/redeveloped. This again came up in 2020 vs. the new 2040 Comp plan. We fought this for the following reasons below and I support R2 to match the character of the neighborhood and all the previous rezoning along the Harold corridor between Brookview and Lions Park. 126 Negative Impact to the character of the neighborhood: • This area has been an R1 single family neighborhood for 50+ years. We chose to live here and raise a family here because it is a suburban neighborhood. We do not want dense urban development. • A reduction of green space would alter the character of the neighborhood. We want to keep the trees and green spaces accessible to families, both young and old, whom enjoy walking the neighborhood. • The neighborhood parks are already heavily used by residents; adding R3 housing would further crowd common spaces, resulting in safety concerns and insufficient parking. • There is already higher density development both on the 394 corridor and north of 55, where businesses reside. Safety concerns from increased traffic: • Harold, Winnetka and Glenwood already have high traffic. There are many times you cannot turn from Harold onto either Glenwood or Winnetka. • Increased traffic from drivers using Glenwood coming from 100 would also increase congestion by Meadowbrook Elementary School and would limit transportation options for students, parents, and facility. • Cars already go dangerously fast on both Winnetka and Harold Ave and do not yield to pedestrians, even with traffic signs to slow cars down. We are very concerned about increasing traffic on these roads. I do not think flashing flights and signage solves this and Golden Valley cannot control this street and intersection as it is a county road. • Additional traffic from a higher density R3 building would drive traffic and parking further into residential neighborhoods, making it unsafe for children and pedestrian traffic. • Traffic studies are generally vague and passing something like this with a D grade would be mistake the residents would have to live with for a long time or choose to move away from. We still have not seen the full extent of the Xenia and adjacent buildings new traffic since that project is still not complete. • Mr. Zimmerman mentioned that city installs speed bumps could be part of the solution to slowing and controlling traffic. We have complained numerous times about cars speeding down Louisiana Ave N alongside Lions Park only to be given traffic speed cameras and reports saying it isn’t a problem. 35-40 down a park is very fast. Not to mention when the parks full and cars have parked on half the road going above 15 mph isn’t safe with kids popping out and crossing the road. We were always told no speedbumps (MPLS parks have used them) and even proposed removable ones that could be taken out for the winter when the park isn’t as busy just to be told no. Now we consider it because it meets the city’s desire to rezone? How about the current issues and safety of our neighborhood and park users that already exists? Finally- I know there is a huge desire by the city to build a downtown. I frankly don’t understand why this has to be rezoned prior to any reasonable progress towards any downtown development. SLP beat us to a shopping center with the West End and most of the density for housing is now within walking distance of the West End. Perhaps sometime in the future this could be a conversation but frankly would like to see the commercial areas, office buildings, strip malls, and parking lots developed before rezoning people out of their neighborhood. The city loses almost all control on what happens to that area if rezoned to R3 as long as it meets the R3 criteria. Will an assisted living community provide the council with any progress to a revitalized downtown? I think not. 127 I request a NO Vote on the R3 rezoning. I also request the comp plan changes and rezoning to be in line with the neighborhood and desire the city council to guide the planning commission to put forth a R2 zoning proposal for this area. Erik Pederson 130 Louisiana Ave N. From: Mustafa Siddiqui Sent: Sunday, February 26, 2023 11:32 PM Subject: Potential Rezoning To the Golden Valley Mayor and City Council, A group of concerned citizens has been raising concerns about the potential rezoning of the Winnetka/Harold/55/Glenwood area to R3 housing. We feel this would be a detriment to our neighborhood for the following reasons: 1. Negative Impact on the character of the neighborhood: 2. This area has been an R1 single-family neighborhood for 50+ years. We chose to live here and raise a family here because it is a suburban neighborhood. We don't want dense urban development. 3. A reduction of green space would alter the character of the neighborhood. We Want to keep the trees and green spaces accessible to families, both young and old, who enjoy walking the neighborhood. 4. The neighborhood parks are already heavily used by residents; adding R3 housing would further crowd common spaces, resulting in safety concerns and insufficient parking. 5. There is already higher density development both on the 394 corridors and north of 55, where businesses reside. Safety concerns from increased traffic: 1. Harold, Winnetka, and Glenwood already have high traffic. There are many times you cannot turn from Harold to either Glenwood or Winnetka. 2. Increased traffic from drivers using Glenwood coming from 100 would also increase congestion at Meadowbrook Elementary School and would limit transportation options for students, parents, and the facility. 3. Cars already go dangerously fast on both Winnetka and Harold Road and do not yield to pedestrians, even with traffic signs to slow cars down. We are very concerned about increased traffic on these roads. 4. Additional traffic from a higher-density R3 building would drive traffic and parking further into residential neighborhoods, making it unsafe for children and pedestrian traffic. We request a NO Vote on the R3 rezoning. This area can be redeveloped as it is currently zoned, has lots resized and still meets a higher density target. 128 Mustafa Siddiqui 411 Rhode Island Av North Golden Valley, MN 55427 From: TOM RUBLE Sent: Monday, February 27, 2023 7:09:27 PM Subject: Please vote NO on the re zoning of Harold and Winnetka Av Thank you Tom and Sharon Ruble From: Jesse Kriesel Sent: Tuesday, February 28, 2023 3:45 PM Subject: Support for R-3 zoning in GV Hello, I strongly support Golden Valley adopting less restrictive zoning on residential parcels in the city. All you have to do is look at the major cities across the country that have made building housing more difficult to see how that has contributed to the housing supply/cost crisis that we are now in. Please continue to align more closely to the strategies Minneapolis has adopted with their 2040 plan. I would love to see R-3 zoning adopted citywide, or at least within a few blocks of any bus stop. Change can be difficult, but please pay attention to the constantly changing tactics that different NIMBY groups use to oppose any changes. We all need to be in this together, and the voices of people who are not existing homeowners are not well represented! Here is one of the many examples of recent articles highlighting this: https://www.nytimes.com/2022/06/05/business/economy/california-housing-crisis- nimby.html. Note: I'm sending this to the other council members as well since I'm not sure the volume of email you all get and I want to make sure my voice isn't lost amidst the crowd of NIMBY voices that are always loudly opposing these changes. Thank you! Jesse Kriesel 1559 Sumter Ave N From: Jeff Sorheim Sent: Tuesday, February 28, 2023 7:40:49 PM Subject: rezoning neighborhoods Please stop trying to force high density housing down the throats of GV residents. This is a great community made up primarily of single family homes which gives Golden Valley its charm and uniqueness and apartment buildings ruin that. Single family homes and that sense of community is also 129 what makes living here very pleasant. Homeowners who care and invest in their properties and communities. Renters aren't invested in their communities because they often are there temporarily. They have more of the mentality that whatever is good for right now is all they care about . I don't want to live around a bunch of apartments nor am I willing to deal with the increased traffic and congestion on these roads. A six story apartment building where Wells Fargo is currently sitting is ridiculous. Trying to put a multi-story apartment building on Harold Av is ridiculous. Why do you insist on putting the residents, who have very clearly said they don't want this area rezoned, back on their heals? We all know there are developers that want to push the residents out so they can make their millions and then move on to the next project so you can drop the subterfuge that there are no current proposals. I joined the fight when the city tried this several years ago and I really don't appreciate having to gear up with the neighbors again to fight off these unwanted changes to our neighborhood just because someone wants to make money. It's shameful. Jeff Sorheim From: Aaron Matuseski Sent: Tuesday, February 28, 2023 8:54:33 PM Subject: NO Vote on the R3 rezoning To the Golden Valley Mayor and City Council, A group of concerned citizens have been raising concerns about the potential rezoning of the Winnetka/Harold/55/Glenwood area to R3 housing. We feel this would be a detriment to our neighborhood for the following reasons: Negative Impact to the character of the neighborhood: • This area has been an R1 single family neighborhood for 50+ years. We chose to live here and raise a family here because it is a suburban neighborhood. We do not want dense urban development. • A reduction of green space would alter the character of the neighborhood. We want to keep the trees and green spaces accessible to families, both young and old, whom enjoy walking the neighborhood. • The neighborhood parks are already heavily used by residents; adding R3 housing would further crowd common spaces, resulting in safety concerns and insufficient parking. • There is already higher density development both on the 394 corridor and north of 55, where businesses reside. Safety concerns from increased traffic: • Harold, Winnetka and Glenwood already have high traffic. There are many times you cannot turn from Harold onto either Glenwood or Winnetka. • Increased traffic from drivers using Glenwood coming from 100 would also increase congestion by Meadowbrook Elementary School and would limit transportation options for students, parents, and facility. • Cars already go dangerously fast on both Winnetka and Harold Road and do not yield to pedestrians, even with traffic signs to slow cars down. We are very concerned about increasing traffic on these roads. 130 • Additional traffic from a higher density R3 building would drive traffic and parking further into residential neighborhoods, making it unsafe for children and pedestrian traffic. We request a NO Vote on the R3 rezoning. This area can be redeveloped as it is currently zoned, lots resized, and still meets higher density target. Aaron Matuseski 407 Rhode Island Ave N, Golden Valley, MN 55427 From: Ruth Paradise Sent: Wednesday, March 1, 2023 11:24 AM Subject: Passage of the proposal to rezone the Winnettka, Hwy 55 and harold Ave. properties To: Mayor Shep Harris, City Council members Maurice Harris, Denise La-Mere- Anderson, Gillian Rosenquest, Kimberley Sanberg I am writing concerning the proposal to rezone the Winnetka, Hwy 55 and Harold Ave. properties. I understand that the neighbors against the change in zoning have put up a petition on Next Door against the proposal. The issues listed in the proposal are the standard issues for all such zoning change proposals, such as traffic and environmental concerns. The more important issue in looking at zoning change is the responsibility to do long term city planning. Envisioning a future concept of what the city needs to look like. The “fitting into the current neighborhood” issue, also always raised when zoning changes are proposed, is part of the difficulty encountered when confronting change and transition. Changes that can move us toward neighborhoods with increased diversity, equity and inclusion. The City’s 2040 comprehensive plan, developed with the input of City Council Members, city residents, city staff, studies by Maxfield, etc. is devoted to a long term plan which includes changes that will result in a socially and economically healthy city of the future. As you know, the city is considered to be fully built up and relies on opportunities that come up regarding housing for seniors, for the general population and for disadvantaged people. The comp plan forecasts some opportunities that might arise and suggests what to do when that happens. The proposed zoning change under consideration is one of those forecasted opportunities. As you know, the city also invested resources in a downtown feasibility study, including input from residents, city volunteers, council members, staff, outside consultants and more. This zoning change strengthens the desired outcomes of that feasibility study. 131 We know that nationally and locally there is a shortage of housing, especially affordable housing. Golden Valley has certain goals regarding the amount of new housing and new affordable housing it must create as delineated in the 2040 comprehensive plan. The land under consideration is sort of an island, with a busy highway on one side, a community park on another side, marshland and some houses on the other sides. Staff has done due diligence in studying the possible effects on traffic, drainage issues and possible loss of trees and has recommended that the zoning change be approved. Because of its location and proximity to the proposed downtown area, this particular land could enable building a housing development for many households, rather than the much fewer number of households that would be displaced. Housing for a larger group of people who would welcome living across from Brookview and close to restaurants, shops and other city amenities. This “higher density” would be a bonus for the commercial development in the new downtown. It would also strengthen the city’s request for a Rapid Transit Station on Hwy 55. For long term planners, the zoning change is the right thing to do. Neighbors, understandably, are looking at it from a short term, individual perspective. I encourage you to take the long term view, as City Council members, acting to create a robust and more diverse future for the City of Golden Valley. Let us Nurture Opportunities for All Ruth Paradise 132 ORDINANCE NO. 759 AN ORDINANCE AMENDING THE CITY CODE CHAPTER 113 Rezoning Properties at Harold Ave, Winnetka Ave N, and Highway 55 to Achieve Conformance with the 2040 Comprehensive Plan The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code chapter 113 entitled “Zoning” is amended in Section 113-55 Subd. (b) by changing the zoning designation of the following tracts of land from Single- Family Residential (R-1) to Medium Density Residential (R-3): 7831 Olson Memorial Highway 440 Winnetka Ave N 424 Winnetka Ave N 400 Winnetka Ave N 7840 Harold Ave 7830 Harold Ave 7732 Harold Ave 7724 Harold Ave 7710 Harold Ave 411 Rhode Island Ave N Section 2. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8 entitled “General Penalty; Continuing Violations” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect form and after its passage and publication as required by law. Adopted by the City Council this 7th day of March, 2023. /s/ Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Theresa J. Schyma Theresa J. Schyma, City Clerk 133 Review of Council Calendar Event Event Time Location MARCH Sunday, March 12 Winter Market in the Valley (Indoors)10:00 AM – 1:00 PM Brookview Bassett Creek Room Tuesday, March 14 Golden Valley Rotary Club's 50th Anniversary Celebration 5:30 PM - 7:30 PM Brookview Council Work Session 6:30 PM Hybrid - Council Conference Room Tuesday, March 21 HRA Meeting 6:30 PM Hybrid - Council Chambers City Council Meeting 6:30 PM Hybrid - Council Chambers Thursday, March 23 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid Brookview - Valley View Room APRIL Tuesday, April 4 City Council Meeting 6:30 PM Hybrid - Council Chambers Tuesday, April 11 Council Work Session 6:30 PM Hybrid - Council Conference Room Tuesday, April 18 City Council Meeting 6:30 PM Hybrid - Council Chambers Thursday, April 27 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid Brookview - Valley View Room Board/Commission Recognition Dinner 5:30 PM Brookview MAY Tuesday, May 2 City Council Meeting 6:30 PM Hybrid - Council Chambers 134