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02-19-19 CC Agenda Packet (entire)      REGULAR MEETING AGENDA      1.  Call to Order    A.  Pledge of Allegiance  Pages    B.  Roll Call      2.  Additions and Corrections to Agenda    3.  Consent Agenda    Approval of Consent Agenda ‐ All items listed under this heading are considered to be routine  by the City Council and will be enacted by one motion. There will be no discussion of these  items unless a Council Member so requests in which event the item will be removed from the  general order of business and considered in its normal sequence on the agenda.      A.  Approval of Minutes:         1.  City Council Meeting – February 5, 2019  3‐6    B.  Approval of City Check Register  7    C.  Licenses:       1.  Cigarette/Tobacco License for Top Star Tobacco and E‐Cig  8      2.  Multi‐Family Rental Property Licenses  9‐10      3.  Temporary Liquor License for the St. Paul Jaycees  11    D.  Minutes of Boards and Commissions:        1.  Planning Commission – January 28, 2019  12‐16      2.  Civil Service Commission – December 17, 2018  17‐18    E.  Authorize Professional Services Agreement for 2019 Roof Replacement Project  19‐29    F.  Approval of Plat – North Tyrol Modern Addition (4400 Sunset Ridge) 19‐17  30‐32    G.  Authorize Agreement for Athletic Field Improvements at Wesley, Lions and Schaper  Parks  33‐42    H.  Award Contracts for the Xenia Avenue South and Golden Hills Drive Improvement  Project No. 16‐09  43‐55    I.  Approve Contract for Services with Metropolitan Consortium of Community Developers  for the Open to Business Program  56‐65    J.  Approve Cooperative Agreement with the City of Minneapolis Regarding 2019 Final Four  66‐85    4.  Public Hearing      A.  Public Hearing – Ordinance 655 – Amending the Zoning Code to Regulate Firearm Sales  86‐110      5.  Old Business        Feb 19, 2019 – 6:30 pm  Council Chambers  Golden Valley City Hall  7800 Golden Valley Road  City of Golden Valley     City Council Meeting  Feb 19, 2019 – 6:30 pm          2    6.  New Business    All Ordinances listed under this heading are eligible for public input.    A.  Review of Council Calendar      B.  Mayor and Council Communications      7.  Adjournment          REGULAR MEETING MINUTES    1. Call to Order   The meeting was called to order at 6:30 pm by Mayor Pro Tem Clausen.    1A.   Pledge of Allegiance    1B.   Roll Call   Commissioners present:  Mayor Pro Tem Joanie Clausen, Council Members Larry Fonnest, Gillian  Rosenquist and Steve Schmidgall  Commissioners absent:  Mayor Shep Harris  Staff present:   City Manager Cruikshank, City Attorney Cisneros and City Clerk Luedke    2.   Additions and Corrections to Agenda  MOTION by Council Member Rosenquist, seconded by Council Member Schmidgall to approve the  agenda of February 5, 2019, as submitted and the motion carried     3.   Approval of Consent Agenda  MOTION made by Council Member Rosenquist, seconded by Council Member Fonnest to  approve the consent agenda of February 5, 2019, as revised: 3E‐Accept resignation from the  Planning Commission and 3H‐Approve amendments to the Golden Valley Guiding Principles and  the motion carried.   3A1. Approve Minutes of City Council Meeting – January 2, 2019.   3A2. Approve Minutes of Council/Manager Meeting – January 8, 2019.   3A3.  Approve Minutes of City Council Meeting – January 15, 2019.   3A4.  Approve Minutes of City Annual Planning Session – January 22, 2019.   3B.      Approve City Check Register and authorize the payments of the bills as submitted.   3C.      Minutes of the Boards and Commissions:  1. Planning Commission – December 10, 2018 and January 14, 2019  2. Board of Zoning Appeals – September 25, 2018   3. Environmental Commission – November 26, 2018  4. Human Services Commission – October 8 and November 12, 2018  5. Bassett Creek Water Management Commission – December 20, 2018  3D1. Award a contract for the I‐394 Inflow and Infiltration Phase 2 Project to Visu‐Sewer, Inc.  in the amount of $104,927.50.  3E. Accept resignation from Mr. Brett Angell from the Planning Commission  3F. Authorize the 2019 Amendment to the 2018 Restoration and Maintenance of Native  Plant Communities with Minnesota Native Landscapes, Incorporated.  3G. Adopt Resolutions supporting the following Hennepin County Grant Funding  Applications:    Feb 5, 2019 – 6:30 pm  Council Chambers  Golden Valley City Hall  7800 Golden Valley Road  City of Golden Valley     City Council Regular Meeting Minutes  Feb 5, 2019 – 6:30 pm          2  3.   Approval of Consent Agenda ‐ continued  A. Resolution 19‐11, Application by CAP‐HC to Hennepin County for Community  Development Block Grant Funding.  B. Resolution 19‐12, Application by HOME Line to Hennepin County for Community  Development Block Grant Funding.  C. Resolution 19‐13, Application by PRISM to Hennepin County for Community  Development Block Grant Funding.  D. Resolution 19‐14, Application by Senior Community Services to Hennepin County for  Community Development Block Grant Funding.   E. Resolution 19‐15, Application by WHAHLT to Hennepin County for Community  Development Block Grant Funding.  F. Resolution 19‐16, Application by WHAHLT to Hennepin County for HOME and AHIF  Funding.  3H. Approve amendments to the Golden Valley Guiding Principles.    3.  Items Removed from the Consent Agenda   3E.  Accept Resignation for Planning Commission    Council thanked Mr. Brett Angell for his service on the Planning Commission.     MOTION made by Council Member Rosenquist, seconded by Council Member Fonnest to  accept the resignation from Mr. Angell and the motion carried.    3H.  Approve Amendments to the Golden Valley Guiding Principles    City Attorney Cisneros proposed a minor change to Guiding Principles under Section VII.  Hearing by replacing the language from “the City Attorney or the City Attorney’s Designee” to  “a neutral third‐party designated by the City Attorney” in two places.       MOTION made by Council Member Rosenquist, seconded by Council Member Schmidgall to  approve the amendments with the above noted change to the Golden Valley Guiding Principles  and the motion carried.    4.   Public Hearing     5.  Old Business    6.  New Business  6A.  City of Golden Valley’s Pyramid of Success      City Manager Cruikshank presented the staff report and answered questions from Council.     There was Council discussion regarding the process used for creating the Pyramid of Success.  Council thanked City Manager Cruikshank and senior staff for developing the process.    City of Golden Valley     City Council Regular Meeting Minutes  Feb 5, 2019 – 6:30 pm          3  6A.  City of Golden Valley’s Pyramid of Success ‐ continued  MOTION by Council Member Rosenquist, seconded by Council Member Schmidgall to receive  and file the City of Golden Valley’s Pyramid of Success and the motion carried.    6B.   Review of Council Calendar               Some Council Members may attend DeCola Ponds B and C Open House on February 6, 2019,  from 5 to 7:30 pm at Brookview, 316 Brookview Parkway.      Some Council Members may attend the 2019 Legislative Breakfast on February 9, 2019, from  9:30 to 11 am at the Crystal City Hall, 4141 Douglas Drive, Crystal.      Some Council Members may attend the Winterfest event on February 9, 2019, from noon to 2  pm at North Wesley Park.    Some Council Members may attend the Seven Dreams Education Foundation “Bird Bash 2019”  on February 9, 2019, from 5 to 9 pm at Minneapolis Marriot Northwest, Brooklyn Park.    Some Council Members may attend the Winter Market on February 10, 2019, from 10 am to 1  pm at Brookview, 316 Brookview Parkway.    Some Council Members may attend the West Metro Home Remodeling Fair on February 10,  2019, from 10:30 am to 3 pm at Eisenhower Community Center, 1001 Highway 7, Hopkins.    The next Rising TIDES Task Force meeting will be held on February 12, 2019, at 5 pm in the  Council Conference room.    The next Council/Manager meeting will be held on February 12, 2019, at 6:30 pm in the Council  Conference room.      City Offices will be closed on February 18, 2019, in observance of Presidents’ Day.      The next City Council meeting will be held on February 19, 2019, at 6:30 pm.    Some Council Members may attend the Hopkins Education Foundation “Royal Bash 2019” on  February 23, 2019, at 6 pm at the Marriot Southwest, Minnetonka.       6C.   Mayor and Council Communication    Mayor Pro Tem Clausen told everyone to drive safe in all of the snow. Council Member  Rosenquist thanked the Physical Development staff for all of their snow removal efforts.         City of Golden Valley     City Council Regular Meeting Minutes  Feb 5, 2019 – 6:30 pm          4  7.   Adjourn  MOTION by Council Member Schmidgall, seconded by Council Member Fonnest, and the  motion carried unanimously to adjourn the meeting at 6:58 pm.                                                                                                              ________________________________                                                                                                  Joanie Clausen, Mayor Pro Tem    ATTEST:    _________________________________  Kristine A. Luedke, City Clerk            Executive Summary For Action Golden Valley City Council Meeting February 19, 2019 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Attachments • Document is located on city website at the following location: http://weblink.ci.golden- valley.mn.us/Public/Browse.aspx?startid=717279&dbid=2. • The check register for approval: o 02/08/2019 Check Register Recommended Action Motion to authorize the payment of the bills as submitted. Executive Summary For Action Golden Valley City Council Meeting February 19, 2019 Agenda Item 3. C. 1. Cigarette/Tobacco License for Top Star Tobacco and E-Cig Prepared By Kris Luedke, City Clerk Summary Sined Adel Manasra, applicant, for Top Star Tobacco and E-Cig LLC has submitted an application for a Cigarette/Tobacco license. Top Star Tobacco and E-Cig will be located at 7716 Olson Memorial Highway. The Golden Valley Police Department has completed a background investigation and had found no reason to deny the license. Recommended Action Motion to approve a cigarette/tobacco license for Top Star Tobacco and E-Cig located at 7716 Olson Memorial Highway, through December 31, 2019. Executive Summary For Action Golden Valley City Council Meeting February 19, 2019 Agenda Item 3. C. 2. Multi-Family Rental Property Licenses Prepared By Dave Gustafson, Fire/Property Maintenance Specialist Jill Lund, Administrative Assistant Summary The following multi-family rental properties are up for renewal March 1, 2019. They are all on an annual March 1 renewal cycle. All have had their annual rental inspections within the last few months, and have corrected or are in the process of correcting any issues noted during those inspections. Fees are based on participation in the S.T.A.R. Program through the police department. Staff is recommending approval of the following license renewals: PROPERTY LICENSE FEE Arcata Apartments - 901 Xenia Avenue South $ 2,280 Calvary Center Apartments - 7650 Golden Valley Road $ 225 Central Park West Apartments - 1511 Utica Avenue South $ 225 Colonial Apartments - 5743/5745/5747 Glenwood Avenue $ 525 Copacabana Apartments - 1725 Lilac Drive North $ 175 Cornerstone Creek Apartments - 9280 Golden Valley Road $ 175 Crosswoods Apartments - 5601 Glenwood Avenue $ 1,400 Dover Hill Complex - 2400 Rhode Island Avenue North $ 2,325 Duluth Street Flats - 6150 St. Croix Avenue $ 2,010 PROPERTY LICENSE FEE Golden Valley Road Apartments - 6200 Golden Valley Road $ 175 Golden Valley Townhomes - 2120 Douglas Drive $ 350 Golden Valley Townhomes - 3354 Lilac Drive $ 175 Hello Apartments - 9201 Golden Valley Road $ 6,320 Herbeck Triplex - 1510 Kelly Drive $ 280 Laurel At West End Apartments - 5610 Laurel Avenue $ 225 The Laurel Apartments - 250 Turners Crossroad South $ 225 Liberty Crossing Apartments - 2450 Winnetka Avenue North $ 300 Mallard Creek Apartments - 8300 / 8400 Golden Valley Road $ 2,890 Medley Park Townhomes - 2343/2350/2389/2391 Mendelssohn Lane $ 700 Rutter 4-plex - 2425 Mendelssohn Avenue North $ 175 Southwirth Apartments - 501 Theodore Wirth Parkway $ 2,325 Trentwood Apartments - 9110/9140/9200/9210/9240 Golden Valley Road $ 2,765 Valley Creek West Apartments - 1370 Douglas Drive $ 175 Valley Square Commons - 749 Winnetka Avenue North $ 1,225 Valley View Apartments - 6537 Golden Valley Road $ 1,050 Valley Village Apartments - 600 Lilac Drive North $ 3,290 West End Apartments - 241/251/261/271 Yosemite Circle $ 2,280 West End Trails - 1400/1450/1500/1600 Douglas Drive $ 700 Recommended Action Motion to authorize the renewal of multi-family rental licenses for the period of March 1, 2019 through February 28, 2020. Executive Summary For Action Golden Valley City Council Meeting February 19, 2019 Agenda Item 3. C. 3. Temporary On-Sale Liquor License – St. Paul Jaycees Prepared By Kris Luedke, City Clerk Summary The St. Paul Jaycees have applied for a temporary on-sale liquor license for the spring Cities Wine Tasting event being held at the Metropolitan Ballroom, 5418 Wayzata Boulevard, on April 5, 2019, from 6 pm to 9 pm. The City Code does provide for temporary sales of liquor with Council approval. Also, required is a certificate of liquor liability insurance naming the City as an additional insured in the amount of $1,000,000. The St. Paul Jaycees have provided this certificate for their event. Recommended Action Motion to approve a temporary on-sale liquor license for the St. Paul Jaycees for their event to be held at the Metropolitan Ballroom located at 5418 Wayzata Boulevard on April 5, 2019. Regular Meeting of the Golden Valley Planning Commission January 28, 2019 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, January 28, 2019. Chair Baker called the meeting to order at 7 pm. Those present were Planning Commissioners Baker, Blum, Brookins, Johnson, Pockl, and Segelbaum. Also present were Planning Manager Jason Zimmerman and Administrative Assistant Lisa Wittman. 1. Approval of Minutes January 14, 2019, Regular Planning Commission Meeting MOVED by Johnson, seconded by Blum and motion carried unanimously to approve the January 14, 2019, minutes as submitted. 2. Public Hearing – Zoning Code Text Amendment – Firearm Sales – ZO00-117 Applicant: City of Golden Valley Purpose: To amend the Zoning Code to regulate the sale of firearms Zimmerman stated that the Planning Commission has been asked to consider new zoning regulations for the sale of firearms and reminded the Commission that this item has been discussed at the August 15 and November 13 Council/Manager and the December 10 and January 14 Planning Commission meetings. Zimmerman explained that State law limits the ability of local municipalities to regulate firearms beyond State statute but cities can legislate the location of firearm sales and some site specific items within reason. He added that the regulations must be reasonable, nondiscriminatory, and nonarbitrary and that staff is recommending developing regulations that address the separation of firearm sales from other uses, the security of firearm sales buildings, and site requirements. Zimmerman referred to the current City Code and noted that firearm sales are prohibited as a home occupation but they are allowed in the Commercial Zoning District and are treated like any other retail sales use. He noted that in past discussions the Commission discussed shifting firearm sales to the Light Industrial and Industrial Zoning Districts in an effort to move the point of sale further away from concentrations of vulnerable populations. Zimmerman discussed some of the separation requirements of other metro area cities including: separation of sales from residentially zoned properties, schools, religious institutions, libraries, parks, governmental buildings, and community centers. He reminded the Commission that their discussions included having two tiers of separation. Minutes of the Golden Valley Planning Commission January 28, 2019 Page 2 Tier 1 which would require a greater distance between sales and places where vulnerable populations would most likely gather and Tier 2 which would require a lesser distance between firearm sales and residentially zoned properties. He added that the proposed new Code language would also require 1,000 feet of distance between any two firearm sales locations. Zimmerman showed the Commission maps that illustrated different tier 1 and tier 2 distance scenarios and said staff feels that the scenario showing a tier 1 distance of 1,000 feet and a tier 2 distance of 500 feet seems almost unreasonable, so staff is recommending using the scenario showing a tier 1 distance of 750 and a tier 2 distance of 375 feet because it seems more reasonable. Baker asked why staff feels that 1,000 foot buffer seems unreasonable. Zimmerman said there would only be a total of four or five locations left in the City for selling firearms if the larger buffer area was selected so a smaller buffer seemed more reasonable. Zimmerman discussed some additional restrictions that have been considered such as security and site requirements including where and how in the building firearms can be stored, the storage of ammunition, the requirements around alarm systems, limits on window displays, and limiting sales to a permanent building as opposed to trailers or other in-vehicle sales. Zimmerman highlighted some the proposed Zoning Code text changes which include adding firearm sales and firing ranges as prohibited uses in the Commercial Zoning District, and adding firearm sales with the recommended distances from other uses in the Light Industrial Zoning District and Industrial Zoning District as restricted uses. Zimmerman noted that the current Zoning Code doesn’t list many prohibited or restricted uses and explained the Zoning Code structure which lists principal uses that are permitted by right, accessory uses which are secondary uses permitted by right, restricted uses which are permitted by right, but must follow specific restrictions listed in the Zoning Code, conditional uses which are permitted uses but the City reviews them and retains the ability to establish conditions that mitigate impacts to neighboring properties, and prohibited uses which are uses that are not allowed. Baker asked for some examples of restricted uses. Zimmerman explained that a restricted use may limit the size of a use or distances from other uses such as a bar or restaurant. Segelbaum referred to the maps of the buffer areas and asked if an applicant would be able to ask for a variance from the buffer requirements. Zimmerman said no because variances are not allowed in regard to use. Pockl questioned if the sale of firearms should be specifically listed as a prohibited use in the residential zoning districts or if that wasn’t necessary because of the proposed residential buffer areas. Zimmerman said he doesn’t think that is necessary and that it was only called out in the Commercial Zoning District language because other retail sales are allowed in that zoning district. Segelbaum asked if that would be the same for firing ranges because those would only be allowed as a recreational use in certain zoning districts. Zimmerman agreed. Minutes of the Golden Valley Planning Commission January 28, 2019 Page 3 Baker questioned how to make it clear that firearm uses aren’t allowed in the Institutional Zoning Districts and used a school that wanted to do trap shooting as an example. Zimmerman stated that there are other sections of the City Code that deal with the discharge of firearms. Johnson asked about firearm service in additional to sales. Zimmerman said the word “service” could be added anywhere the word “sales” is used. Baker opened the public hearing. Seeing and hearing no one wishing to comment, Baker closed the public hearing. Segelbaum questioned if more prohibited uses should be listed in the Light Industrial and Industrial Zoning Districts unless staff thinks there is a loophole in the language. Baker suggested that issue be reviewed with the City Attorney. Baker asked the Commissioners how they felt about using scenario 6 which is a 750- foot tier 1 buffer and a 375-foot tier 2 buffer. Johnson referred to the map and said there would be approximately seven areas where firearms could be sold and in a couple of those areas it is highly unlikely so he thinks they should be sensitive to what properties and businesses are in those areas. Baker noted that there are approximately 11 properties. Baker referred to scenario 5 which shows a 1,000-foot tier 1 buffer and 500-foot tier 2 buffer and said there would be five or six properties available properties with this scenario. Zimmerman noted that two or three properties shown is this scenario might be owned by LubeTech and probably won’t change for some time. Segelbaum referred to the State Statute and said he thinks thus far they’ve been nonarbitrary and nondiscriminatory, but he is not sure how “reasonable” is defined. Baker stated that an extreme view of reasonable would be that as long as there is one location for firearm sales it is reasonable and that allowing none would be unreasonable. Segelbaum noted that the City Council will also be examining what is reasonable. He asked Zimmerman about the City Attorney’s opinion. Zimmerman stated that there isn’t a lot of clarity around what is reasonable and that the City should be able to defend the rationale behind what is adopted and base its definition of reasonable on something rather than arbitrarily picking numbers. Blum said he thinks any of the scenarios they’ve been discussing allow for multiple properties where firearm sales could locate and that none of the maps are overly restrictive. He said he thinks they’ve given their basis for reasonableness which are on record from their prior two meetings and that the staff report also summarizes a lot of those reasons. Zimmerman asked the Commissioners if any of them feel that any of the scenarios shown aren’t reasonable. Segelbaum said scenario 2 (500 feet/250 feet) is the least restrictive and is not reasonable when he considers the areas they are trying to protect. Minutes of the Golden Valley Planning Commission January 28, 2019 Page 4 He said scenario 5 (1,000 feet/500 feet) and scenario 6 (750 feet/375 feet) seem more reasonable. Blum agreed and said the more restrictive scenarios are more likely to accomplish their goals and still be reasonable. Johnson agreed. Pockl said she agrees more with the scenarios that are more restrictive. She said she thinks they’ve done a good job of being nondiscriminatory and nonarbitrary and have described how they’ve gotten to the point of making a decision as to the populations and areas they want to protect. She said there is a good amount of space shown on the maps in scenarios 5 and 6 that would allow for firearm sales which is another indication of reasonableness. Brookins said he agrees that scenario 6 (750 feet/375 feet) does a nice job of protecting the populations they’ve discussed while still allowing the sale of firearms. Baker summarized that he feels that the Commission would like to state that they support all of the recommendations made by staff and that they have a slight differing of opinion between scenarios 5 and 6. Johnson suggested that they take a vote regarding preference between all three proposed scenarios. Baker said he would like it noted that all of the Commissioners find scenario 6 acceptable. Segelbaum suggested voting on if the Commissioners find each scenario reasonable. Baker asked the Commissioners if scenario 2 (500 feet/250 feet) is reasonable. Commissioner Johnson said yes. Baker asked the Commissioners if scenario 6 (750 feet/375 feet) is reasonable. All of the Commissioners (Baker, Blum, Brookins, Johnson, Pockl, and Segelbaum) said yes. Baker asked the Commissioners if scenario 5 (1,000 feet/500 feet) is reasonable. Commissioners Baker, Blum, Pockl, and Segelbaum said yes. Commissioners Brookins and Johnson said no. MOVED by Segelbaum, seconded by Johnson and motion carried unanimously to recommend approval of staff’s proposed Zoning Code language that regulates the sale of firearms and adopt staff’s findings for reasons as to why the recommendations are nondiscriminatory, nonarbitrary, and reasonable including the vote above taken by the Commission. Brookins noted that the words “or service” should be added anywhere “sales” is mentioned. Blum questioned if the word “firearm” should be defined. Baker suggested that question be referred to the City Attorney. --Short Recess-- 3. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Zimmerman stated that architectural and materials standards will be discussed at the next two Planning Commission meetings. He stated that future discussions will include Minutes of the Golden Valley Planning Commission January 28, 2019 Page 5 pedestrian overlay districts starting with Douglas Drive, creating tables of uses in each zoning district, and re-vamping the Mixed Use Zoning District. 4. Other Business • Council Liaison Report Councilmember Schmidgall gave an update on the last City Council meeting where the Fire Department recognized a resident for saving the life of a co-worker using an AED machine. Segelbaum questioned if the City requires businesses of a certain size to have AEDs. Schmidgall reported that there are three or four more years left in the Pavement Management Program and stated that the City Council approved an architectural contract to improve the Council Chambers. He reminded the Commissioners about the Joint Board/Commission meeting on January 29 and Under Pressure Brewery’s grand opening on February 1. 5. Adjournment The meeting was adjourned at 8:03 pm. ____________________________ __________________________ Ron Blum, Secretary Lisa Wittman, Administrative Assistant MEETING MINUTES Civil Service Commission December 17, 2018 Commissioners present: Gloria Kumagai, Chair Andrew Wold, Secretary Ralph Schulz Staff present: Jason Sturgis, Chief of Police Dave Kuhnly, Commander Steve Johnson, Commander Amanda Johnson, Administrative Assistant Council present: None Call to Order The meeting was called to order at 8:55 am by Chair Kumagai. Approval of Agenda Commissioner Wold advised New Business letter A should be changed to “Approval of Revised Rules and Regulations.” Motion by Commissioner Schulz to approve the agenda as corrected. Seconded by Commissioner Wold. Motion carried 3-0. Approval of Meeting Minutes Motion by Commissioner Wold to approve the September 26, 2018 meeting minutes. Seconded by Commissioner Schulz. Motion carried 3-0. Old Business None. New Business Approval of Revised Rules and Regulations Chief Sturgis presented a revised draft of the rules and regulations for consideration. This paragraph was added to Section H to allow additional names to be added to the Eligible Register rather than requiring an Eligible Register be exhausted and a new register created when candidates successfully pass later examinations: “After the initial creation of an Eligible Register, applicants passing a later examination shall be added to the eligible register in the order of their standing relative to the remaining applicants on the register. Internal Community Service Officers who meet the minimum requirements may be added to an existing Eligible Register at any time.” MEETING MINUTES – Civil Service Commission 2 There was discussion concerning the state shortage of police officer candidates and the increased difficulty in recruiting and retaining police officers. Chief Sturgis advised this change to the rules and regulations would allow the department to continue to select the best candidates to fill officer vacancies. Commissioner Schulz motioned to approve the revised rules and regulations as presented. Commissioner Wold recommended the proposed revisions be separated into another paragraph in section H, and the final draft be distributed to commissioners at the annual meeting in February. Commissioner Wold seconded the motion. Motion carried 3-0. Approval of Police Officer Eligibility Register Chief Sturgis presented a register of six candidates to be considered for approval. Chief Sturgis also presented an outline of the hiring process, including self-reported demographic information from the candidates. Commissioner Wold inquired whether veterans points advanced any candidates beyond the 50 points possible. Chief Sturgis stated they did not. Chief Sturgis advised 5 points were awarded to candidates with First Responder training. Commissioner Wold inquired whether those points are permissible under the rules and regulations and requested the city attorney review the rules and regulations to determine whether those additional points should be awarded. There was discussion about ways the city could attract candidates for police officer positions. Commissioner Wold asked whether the city council could approve scholarship funds for the Civil Service Commission to award to candidates who complete a predetermined number of years of service to the city. If candidates did not complete the years of service requirement, the remaining funds could be converted to a loan that must be repaid to the city. No further discussion ensued. Commissioner Schulz motioned to approve the police officer Eligible Register. Seconded by Commissioner Wold. Motion carried 3-0. Adjourn Motion by Commissioner Wold, seconded by Commissioner Schulz to adjourn the meeting at 10:02 am. Motion carried 3-0. Executive Summary For Action Golden Valley City Council Meeting February 19, 2019 Agenda Item 3. E. Authorize Professional Services Agreement for 2019 Roof Replacement Project Prepared By Tim Kieffer, Public Works Maintenance Manager Al Lundstrom, Park Maintenance Supervisor Summary The Gearty Park Shelter is scheduled for replacement in 2019. The project includes modifications to the roof to create a full hip style to match existing shelter roof replacement projects. The project also includes replacing the Plexiglas skylight window with a fully insulated window. The 2019 Capital Improvement Program includes $150,000 for roof replacement on public buildings (B-041). The City has contracted with vendors in the past to help facilitate the construction process for similar projects. A professional service agreement from Quetica is attached. The agreement provides design, bidding, and project management services for the Gearty Park Roof Replacement project for the amount of $19,400. Attachments • Professional Services Agreement with Quetica, LLC. (10 pages) Recommended Action Motion to approve professional services agreement with Quetica, LLC. for 2019 Roof Replacement project in the amount of $19,400. 3800 American Boulevard West, Suite 1500 | Bloomington, MN 55431 | www.quetica.com engineering | financial services | payments | government | transportation | healthcare January 29, 2019 Mr. Al Lundstrom Park Maintenance Supervisor City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Re: City of Golden Valley Gearty Park Shelter – 2019 Roof Replacement Project Quetica Proposal No. P19110 Proposal for Architectural, Engineering and Environmental Services Dear Mr. Lundstrom: Quetica, LLC (Quetica) is pleased to provide a proposal for Architectural, Engineering, and Environmental services to the City of Golden Valley (Client) for the Roof Replacement Project at the City of Golden Valley Gearty Park Shelter located at 3101 Regent Avenue North, Golden Valley, Minnesota 55427. 1.0 PROJECT UNDERSTANDING We understand the intent of this project is to provide Architectural, Engineering, and Environmental Services for the Roof Replacement Project at Gearty Park Shelter. The Roof Replacement Project includes replacement of the four (4) existing flat roof areas with a hip roof, addition of a soffit at the new hip roof areas, removal of the existing sloped metal roofing, installation of new sloped metal roofing at all roof areas (includes new nail base roof insulation and self-adhered underlayment, replacement of the existing cedar lap siding with new steel siding at the upper wall areas, and replacement of the clerestory window). 2.0 STATEMENT OF WORK 2.1 Phase 1 - Schematic Design, Feasibility, and Construction Cost Estimate A. The schematic design, feasibility, and construction cost estimate was originally completed on March 20, 2012. An updated construction cost estimate will be provided. 2.2 Phase 2A – Asbestos Survey A. Coordination of roof test cuts and patching with Roofing Contractor for roofing materials suspect limited asbestos survey. Roofing Contractor fees to be paid by Quetica and reimbursed by the City of Golden Valley. B. Roofing materials suspect asbestos survey (collection and analysis of samples). We anticipate collection and analysis of approximately 30 - 36 samples. Actual number of samples will be invoiced. City of Golden Valley – Gearty Park Shelter – 2019 Roof Replacement Project Proposal for Architectural, Engineering, and Environmental Services Quetica No. P19110 2 2.3 Phase 2B - Construction Documents A. Preparation of registered Architectural/Engineering plans and specifications (contract documents) for the purpose of obtaining public (open) bids for the Gearty Park Shelter Roof Replacement Project as described above. 2.4 Phase 3 - Construction Project Management A. Prepare bid advertisement, submit to Owner for publication. B. Distribution of plans and specifications to Bidders shall be done by Owner. C. Pre-bid conference meeting with minutes. D. Review Contractor questions, clarify work scope, Addendums, etc. during bidding. E. Bid review and recommendation. F. Review Contractor Contract, Insurance, Bonds for Owner/Contractor Agreement, (Prepared by Owner). G. Pre-construction conference meeting with minutes. H. Shop drawing and submittal review (shop drawings, schedule, payment schedule of values, samples, etc.). I. Site observations during construction on a regular basis during construction. An Architects’ Field Report will be prepared for each site observation. Six (6) site observations and Architects’ Field Reports are included. Additional site observations and field reports during construction will be extra @ $350.00 per visit. J. Contractor payment request and lien waiver verification reviews. K. Contractor/Owner change order requests and execution. L. Final punch list site observation with documentation, preparation of substantial completion document, and one (1) follow up punch list site observation review. Additional site punch list observations and reports will be extra @ $300.00 per visit. M. Collect and assemble contractor closeout documents, Lien Waivers, IC-134, and contractor as-built plan submittal to Owner. 3.0 CLIENT RESPONSIBILITIES This proposal is based on the following client responsibilities. 3.1 Provide the existing and/or as-built building plans & specifications (Architectural, Structural, Mechanical, and Electrical). Provide any required documents to be inserted in the contract document. 3.2 Provide any required documents to be inserted in the contract document. 3.3 Provide review of Quetica’s plans and specifications before bidding. 3.4 Provide access to the building areas as needed. City of Golden Valley – Gearty Park Shelter – 2019 Roof Replacement Project Proposal for Architectural, Engineering, and Environmental Services Quetica No. P19110 3 4.0 ADDITIONAL SERVICES 4.1 Expansion of the scope of project. 4.2 Asbestos (hazardous materials) abatement design (plans and specifications). This proposal assumes no asbestos is present in the work areas. If the existing building materials are found to contain asbestos, additional fees for the abatement design (plans and specifications), management, and on-site monitoring shall not exceed $2,000.00. 5.0 COMPENSATION Quetica proposes to complete this project on a lump sum basis. Our proposed not to exceed fee is $16,300. Reimbursable expenses and the cost of the roof test cuts are not included in this fee and will be billed to the client at the actual rate. Reimbursable expenses include, but are not necessarily limited to, duplication, messenger service, postage, mileage, etc. See table below for breakdown. Phase 1 Schematic Design, Feasibility, and Cost Estimate $ 200.00 Phase 2A Asbestos Survey $ 2,200.00 Phase 2B Construction Documents (plans and specifications) $ 7,300.00 Phase 3 Construction Project Management Services $ 6,600.00 Total Professional Fees (NTE) $16,300.00 Roofing Contractor Estimate for roof test cuts $ 1,500.00 Estimated Reimbursable Expenses at actual costs - Estimated $ 1,600.00 Total Project Estimate $19,400.00 6.0 PRELIMINARY PROJECT SCHEDULE Preparation of Construction Documents (Plans and Specifications) March and April 2019 Bidding (Pre-Bid Meeting, Bid Opening, Bid Review and Recommendation) May 2019 Bid Award / Contracts (Council Meeting, Contracts, Insurance, Bonds) June 1-15, 2019 Shop Drawing Preparation, Review, and Approval June 16-30, 2019 Order Roofing Materials (8 weeks lead time) – Delivery of Roofing Materials July - September 2019 Contractor Mobilization / Project Work July 2019 Demolition, Framing, and Roofing Underlayment Installation July - August 2019 Metal Roofing, Siding, Soffit, Gutter, and Window Installation September 2019 Punch List / Finalize All Work October 1-15, 2019 Project Close Out Documents (IC-134, Lien Waivers, Final Payment) October 16-31, 2019 City of Golden Valley – Gearty Park Shelter – 2019 Roof Replacement Project Proposal for Architectural, Engineering, and Environmental Services Quetica No. P19110 4 7.0 PROVISIONS Invoices will be billed monthly based on actual work performed, per the hourly rates defined in Attachment A. Payment of fees and expenses shall be made within 30 days of billing. The aforementioned fees do not include taxes, payment for permits, or similar costs. Only the services listed in the above Statement of Work are included in this proposal. Quetica has reviewed the needs of this project, and the work outlined in this proposal is our good faith estimate of the scope of work. The scope of work defined within this Agreement is based on publicly available information and information provided to Quetica by the Client at the time of preparation of this proposal. It is the Client’s responsibility to provide Quetica with information that may affect the cost, progress, safety, and performance of services. If, throughout the course of the project, unforeseen circumstances cause a change in the scope of services, it is the Client’s responsibility to provide this information to Quetica in a timely manner. If necessary, Quetica will provide the Client with an amendment to this Agreement to accommodate the new information within the scope of work and shall only begin work on the services defined in the amendment upon written Client approval. If the scope of work does not change, then the amounts listed above are the maximum amount. If the work extends beyond this scope, Quetica will provide written notification to the Client, and additional service fees will either be per the attached hourly rate fee schedule or a lump sum amount, as mutually agreed by the parties. Quetica’s General Terms and Conditions will be provided upon request. Note that the General Terms and Conditions are considered an integral part of this Agreement. By signing this Agreement, Client agrees to having read, understood and accepted the terms and conditions. 9. ACCEPTANCE TO PROCEED Signing of this proposal by authorized representatives of both parties will serve as acceptance of this Statement of Work and Quetica’s notice to proceed. A copy of this Agreement can either be mailed to our office or emailed to denny.langer@quetica.com. This proposal will be open for acceptance for a period of 30 days from the date set forth above, unless changed by us in writing. We appreciate your consideration and look forward to working with you. Please contact me if you have any questions or need additional information. Sincerely, QUETICA, LLC Denny Langer, P.E. Sr. Engineer Attachment A – Hourly Rate Schedule Attachment B – General Terms and Conditions Available upon Request City of Golden Valley – Gearty Park Shelter – 2019 Roof Replacement Project Proposal for Architectural, Engineering, and Environmental Services Quetica No. P19110 5 ACKNOWLEDGED AND ACCEPTED: IN WITNESS WHEREOF, the parties to this Agreement, each acting under due and proper authority, have executed this Agreement as of the Effective Date. CITY OF GOLDEN VALLEY (“Client”) QUETICA, LLC (“Quetica”) By By Name Name Title Title Date Date Address: City of Golden Valley Address: Quetica, LLC 7800 Golden Valley Road Attn: Richard Langer Golden Valley, MN 55427 10530 202nd Street West Lakeville, MN 55044 ATTACHMENT A HOURLY RATE SCHEDULE Effective October 1, 2017 Labor Category Rate Director $250.00 Prinicipal $200.00 Level IV Professional $190.00 Level III Professional $175.00 Level II Professional $155.00 Level I Professional $145.00 Level IV Graduate $120.00 Level III Graduate $105.00 Level II Graduate $100.00 Level I Graduate $85.00 Level IV Project Coordinator $145.00 Level III Project Coordinator $120.00 Level II Project Coordinator $105.00 Level I Project Coordinator $100.00 Level IV CAD Technician $125.00 Level III CAD Technician $105.00 Level II CAD Technician $100.00 Level I CAD Technician $85.00 Level IV Survey Technician $125.00 Level III Survey Technician $105.00 Level II Survey Technician $100.00 Level I Survey Technician $85.00 Level IV Graphics Technician $135.00 Level III Graphics Technician $120.00 Level II Graphics Technician $105.00 Level I Graphics Technician $90.00 Administrator $60.00 REIMBURSABLE EXPENSES Description Unit Fee Plan Size Photocopies each at cost Photocopies BW (8.5 x11)each at cost Photocopies Color (8.5x11)each at cost Photocopies BW (11x17)each at cost Photocopies Color (11x17)each at cost Mileage per mile Current IRS Rate Attachment A Hourly Rate Schedule Effective October 1, 2018 engineering | government | transportation | healthcare | financial services | payments Quetica General Terms& Conditions -Minnesota 1703 Page 1 of 4 ATTACHMENT B QUETICA, LLC GENERAL TERMS AND CONDITIONS 1.0 Standard ofCare Quetica shall perform its services consistent with the standard of professional practice ordinarilyexercisedbythe applicable profession under similar circumstancesat the time ofthis service and inthe same locality,under similar budgetary constraints. Quetica makes nowarranties,express or impliedunder thisAgreement or otherwise, in connectionwith Quetica’s services. 1.1 Site Condition, Safety and Access Quetica is not responsible for site conditions, environmental or otherwise,alreadyexisting at the project site, including,but not limitedto, storm water and wetland issues, structural deficiencies,contaminated soils,radon, existing leadpaint,asbestos,mold, or any other environmental hazards. In the event project site conditionsare encounteredthat interfere withthe performance ofthe Scope ofWork, Client agreesto pay the cost ofadditional third-partyactivities necessarytoaddressthem, including, but not limitedto: addressing unstable,abnormal or nonbearing soil conditions; removal, repair or proper mitigation of hazardousconditions, rocks,boulders,stones,trees or stumps; providing andtrucking fill or cutting tograde; frost breaking and snow removal; additional footings,reinforcing,piers, additional depth of foundation walls, waterproofing or diversion of water andwater pumping; concrete pumping; andanyrelatedcosts neededto make the project site readyto properlyreceive the work. Client shall provide Quetica with safe and legal accesstothe project site, andshall make available uponrequest by Quetica copiesof documents inClient’s possession, including disclosuresregarding the existence ofall knownand suspected Asbestos,PCBs,Petroleum, HazardousWaste,Radioactive Material, HazardousSubstancesand other Constituents ofConcernlocatedat or near the Site, including type, quantityandlocation.Quetica specifically repudiatesanyauthority or responsibilityfor general job site safety. Quetica shall onlybe responsible for safety of Quetica employeesat the site.Quetica reservesthe right torely on informationprovidedbyClient or locating vendorsregarding hiddenor underground features,and is not responsible for unforeseencircumstances pertaining to hidden or underground features. 1.2 Responsibilities Client shall be responsible for,and Quetica mayrely upon,the accuracyandcompletenessofall requirements, programs,instructions,reports, data and other informationfurnished byClient to Quetica pursuant tothis Agreement. Quetica mayuse suchrequirements, programs, instructions,reports, data and informationin performing or furnishing services under thisAgreement. 1.3 Reuse/Use ofProject Deliverables All project files,records,etc. prepared byQuetica shall remain the property of Quetica in perpetuity. Quetica shall maintain on file inlegible form, for a period ofsevenyears following completion of its services pertinent documents,recordsand designcalculationsrelated tothe project or pertinent to Quetica’sperformance under the Agreement. All documentsare instrumentsof service for thisproject, andQuetica shall retainan ownershipand property interest therein (including the copyright andright ofreuse at Quetica’s discretion) whether or not the project iscompleted.Client shall not relyin any way onanydocument unless it is inprinted form, signed or sealed byQuetica. Client shall not use, reuse,alter or cause tobe alteredanywork product of Quetica for any purpose outside the original scope ofthisAgreement. Client shall defend, indemnifyandhold Quetica harmless fromall claimsand damages,and expensesarising out ofuse,reuse or alterationbyClient or othersacting on behalf ofClient, whichviolatesthe restrictions herein. Quetica General Terms& Conditions -Minnesota 1703 Page 2 of 4 1.4 Delays In the event ofdelaysregarding Quetica’s servicesthat are caused byClient, work ofothers,acts of God, public enemy,action,inaction or regulation ofanygovernment agency, fire, flood, explosion,riot, strike,war, process shutdown or other items outside ofQuetica’s control,a reasonable time extension for performance ofwork shall be granted,and Quetica shall receive anequitable fee adjustment. 1.5 Successors and Assigns Neither Client nor Quetica shall assign, sublet or transfer any rightsunder or interest in this Agreement for any reasonwithout the prior written consent ofthe other party,except tothe extent that anyassignment, subletting or transfer ismandatedor restrictedby law.Quetica reservesthe right torefuse assignment toanother partyat its discretion. Quetica alsoreserves the right tosubcontract all or anyelement ofthisAgreement without restrictions or condition. 1.6 Insurance Quetica shall maintain Worker’sCompensation,Comprehensive General Liability, Automobile Liabilityand Professional Liability insurance.Quetica will furnishClientwithcurrent Certificates ofInsurance uponrequest. 1.7 Indemnities To the fullest extent permitted by law, Quetica shall indemnify, and hold harmlessClient, its officers, members, directors, partners,agents,consultantsandemployeesagainst liability directlyattributable to Quetica’snegligent performance of services or failure toadhere tothe standardof care described insection1.0. Quetica’s indemnification toClient islimitedto losses or damagescaused byitsfailure to meet the standard ofcare and only to the extent ofits negligence. To the fullest extent permitted by law,Client shall defend, indemnifyand holdharmlessQuetica itsofficers, members,directors, partners,agents, subconsultantsandemployeesagainst loss, liabilityand damagesarising fromthe negligent conduct ofClient, Owner,Client’sContractors/Subcontractors or other third parties. 1.8 Limitationsof Liability (a) DIRECT DAMAGES. QUETICA’S LIABILITY FOR DAMAGES OR INDEMNITY UNDER THIS AGREEMENT, REGARDLESS OFTHE FORM OF ACTION, WILL NOT EXCEEDPER CLAIM AND IN THEAGGREGATETHETOTAL AMOUNT ACTUALLY PAID BY CLIENT TOQUETICA UNDER THE RELEVANT STATEMENT OF WORK DURINGTHE TWELVE(12)MONTHS PRECEDINGTHE EVENTS GIVINGRISE TO THELIABILITY. (b) NOCONSEQUENTIAL DAMAGES. INNO EVENT WILL QUETICA OR CLIENT BE LIABLE TOTHEOTHER FOR ANY INDIRECT, INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES,INCLUDING LOSS OFPROFITS,REVENUES, DATA,USE,ANY OTHER ECONOMIC ADVANTAGE, INCURRED BY QUETICA OR CLIENT ARISING OUT OF OR RELATING TOTHIS AGREEMENT,UNDER ANY THEORY OFLIABILITY,WHETHER INANACTIONINCONTRACT, STRICT LIABILITY,TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THEORY,EVENIF QUETICA OR CLIENT,RESPECTIVELY, KNEW OR SHOULD HAVE KNOWN OFTHEPOSSIBILITY OFSUCH DAMAGES. (c) BASIS OF AGREEMENT. THE PARTIES ACKNOWLEDGE AND AGREETHAT THE DISCLAIMERS OFWARRANTIES IN SECTION 1.0,THE INDEMNITIES INSECTION 1.7AND THE LIMITATIONS OF LIABILITY IN THIS SECTION1.8 REPRESENT THEAGREEDAND BARGAINED FOR UNDERSTANDING OF THEPARTIES,AND THAT QUETICA’S RATES AND STRUCTURE OF COMPENSATION FOR THE SERVICES REFLECT SUCH ALLOCATIONS OF RISK. 1.9 Statutes ofLimitation To the fullest extent permitted by law,Client shall agree, except for indemnification,that noclaimswill be brought against Quetica after a six-month period following substantial project completion. Quetica General Terms& Conditions -Minnesota 1703 Page 3 of 4 1.10 Disputes (a) Dispute Resolution.The partiesagree to meet andconfer in good faith onall matters ofcommon interest or all controversies, claims,or disputes (“Dispute”) which materiallyaffect the performance ofeither party under this Agreement.As soonasa Dispute is recognized byeither party, it will communicate the substance of such Dispute to each party’s PrimaryContact. Once a Dispute hasbeenraised, the PrimaryContactswill make all reasonable efforts toreacha resolutionwithintwo (2) weeksafter the Disputehas been identified. Ifthe Dispute cannot be resolved betweenthe parties’ respective PrimaryContacts, thenthe parties will submit suchmatterstotheir respective executive management,whowill make all reasonable effortstoreacha resolutionwithinthirty (30)daysafter the Dispute hasbeenreferredto them. (b) Arbitration. All Disputesarising out ofor relating to thisAgreement,whichcannot first be resolved in accordance withthe foregoing subsection,will be submittedto binding arbitration under the Construction Industry Arbitration Rules (the “Rules”) ofthe AmericanArbitrationAssociation (“AAA”). The arbitrationwill be conducted by one impartial arbitrator selectedinaccordance with suchrules. The proceedingswill be heldin a geographically neutral andreasonablyconvenient locationto bothparties. A court reporter will recordthe arbitrationhearing,andthe reporter’stranscript will be the official transcript ofthe proceeding. The arbitrator(s) will have no power toadd or detract fromthe agreementsofthe partiesand may not make anyruling or award that does not conformtothe termsandconditions ofthisAgreement. The award ofthe arbitrator will include a written explanation ofthe decisionand specifythe basis for any damage awardandthe types of damagesawarded. The decision ofthe arbitrator(s)will be final and binding onthe partiesand may be enteredandenforcedin anycourt of competent jurisdictionbyeither party. The prevailing party inthe arbitration proceedingswill be awarded reasonable attorneys’ fees, ifany,andall other costsandexpensesof the proceedings, unlessthe arbitrator(s) for good cause determine otherwise. (c) The foregoing,however,will not prevent or limit either party’sright toapplytoa court ofcompetent jurisdictionfor a temporaryrestraining order, preliminary or permanent injunction, or other similar equitable relief. Quetica mayat anytime file anylien otherwise permittedby law. 1.11 Litigation Reimbursement In the event Quetica incursany costsassociated with defending themselvesagainst anyaction or lawsuit against Quetica byClient,and Quetica prevails,the claimsare dismissed or judged substantially in Quetica’s favor,Client shall reimburse Quetica for the full costs ofattorney fees,expert witness fees,court costsand Quetica’scosts. 1.12 Termination/Suspension Either party mayterminate or suspendthisAgreement upon30 days written notice to the other party. Quetica shall have no liabilitytoClient onaccount ofa termination or suspension. Inthe event ofanyterminationor suspension Quetica will be entitledtoinvoice Client andtoreceive full payment for all servicesperformedor furnished in accordance withthe Agreement andall reimbursable expenses incurred throughthe effective date oftermination or suspension. Client shall have limitedright tothe use of documents,at Client’s sole risk. Inaddition,Quetica shall be entitledto invoice Client andto payment ofa reasonable amount for servicesandexpensesdirectlyattributable to termination or suspension, bothbefore andafter the effective date ofterminationor suspension. 1.13 Severability Any provisions ofthis Agreement deemedtobe void or unenforceable under any laws or regulations shall be deemedstricken.All remaining provisions shall remain validandbinding uponQuetica andClient,andClient and Quetica shall agree toreplace the stricken provision or part thereofwitha validandenforceable provision meeting general intent ofthe invalid or unenforceable provision. 1.14 Payment, Interest and Breach Quetica shall prepare invoices inaccordance with its standard invoicing practices. Client’s payment will become due and payable inUnitedStatescurrency uponthe receipt of Quetica’sinvoice. Anybalance unpaidafter thirty (30) dayswill accrue interest at the lesser ofone and one-half percent (1½ %) for each month or fraction thereof that the invoice is overdue or the maximumrate allowedbyapplicable law. Quetica General Terms& Conditions -Minnesota 1703 Page 4 of 4 1.15 ConfidentialityObligations. Each partywill at all times, both during the Termandfor a periodof one (1) year thereafter, keep inconfidence all of the other party’s confidential information,and will not use suchconfidential informationwithout the other party’s prior writtenconsent. Neither partywill disclose the other party’sconfidential informationtoany person except itsemployeesand independent contractorstowhomit is necessarytodisclose the confidential information for purposespermitted under this Agreement andwho have agreedtoreceive it under termsat least asrestrictive asthose specified inthisAgreement. Eachparty will take reasonable measuresto maintainthe confidentiality of the other party’sconfidential information,but never lessthan the standard ofcare that an ordinarilyprudent businesswouldexercise tomaintain the secrecy of its own confidential information.Each partywill immediately give notice tothe other party ofany unauthorized use or disclosure of the other party’sconfidential informationof whichit becomesaware. 1.16 Subconsultants Quetica mayretain such subconsultantsas it deems necessarytoassist inthe performance of furnishing services, subject toreasonable,timelyand substantive objections byClient. 1.17 Opinions ofConstructionCosts If Quetica preparesanengineer’sopinion of probable constructioncostsas part ofthe defined scope ofservices under thisAgreement this part ofthe project shall be made on the basis ofthe Quetica’sexperience and qualificationsandrepresent the Quetica’sbest judgment asanexperiencedand qualified professional generally familiar withthe construction industry.Quetica doesnot guarantee that the proposals, bidsor actual construction costs for this part ofthe project will not varyfromopinion ofprobable constructioncosts preparedbyQuetica. 1.18 Construction/Contractor Oversight Quetica shall not at anytime supervise, direct or have control over anyContractor’s work, nor shall Quetica have authority over or responsibilityfor the means, methods,techniques, sequencesor procedures ofconstruction selected or used byanycontractor, for securityor safetyat the site,for safety precautionsand programs incident to anContractor’swork in progress, nor for anyfailure ofa contractor to comply with LawsandRegulations applicable tothat contractor furnishing and performing itswork.Quetica neither guaranteesthe performance of any contractor nor assumesresponsibility for anycontractor’s failure tofurnishand performthe work in accordance withthe Agreement Documents. 1.19 Notices Any notice required under this Agreement shall be inwriting, addressedtothe appropriate partyat itsbusiness addressandgivenpersonally,by facsimile,byregistered orcertifiedmail postage prepaid, or bycommercial courier service. All notices shall be effective upon the date ofreceipt. 1.20 Lien Rights This notice istoadvise Client ofitsrightsunder Minnesota law inconnection withthe improvement toClient’s property. (a) Any person or company supplying labor or materials for this improvement toClient’spropertymayfile a lien against Client’s property ifthat person or company is not paid for the contributions. (b) Under Minnesota law,Client hasthe right to pay personswho suppliedlabor or materials for this improvement directlyand deduct thisamount from Quetica’scontract price, or withholdthe amounts due them from Quetica until 120days after completion ofthe improvement unlessQuetica givesClient a lienwaiver signedby persons who suppliedany labor or material for the improvement and whogave Client timelynotice. 1.21 Governing Laws This Agreement will be governedbyandconstrued inaccordance withthe laws ofthe State ofMinnesota. Each partywaives itsright toa jurytrial inany matter arising out of or relating tothisAgreement. 1.22 EntireAgreement By signing thisAgreement Client isagreeing that they understandandaccept the terms andconditionscontained herein.ThisAgreement nullifiesand supersedesany previous written or oral agreements betweenQuetica and Client. Executive Summary For Action Golden Valley City Council Meeting February 19, 2019 Agenda Item 3. F. Approval of Plat – North Tyrol Modern Addition (4400 Sunset Ridge) Prepared By Jason Zimmerman, Planning Manager Summary At the December 18, 2018, City Council meeting, the Council held a public hearing on the Preliminary Plat for the minor subdivision at 4400 Sunset Ridge. After the hearing, the Council approved the Preliminary Plat which will allow two lots. The Final Plat has now been presented to the City. Staff has reviewed the Final Plat and finds it consistent with the approved Preliminary Plat and the requirements of City Code. Attachments • Resolution for Approval of Plat – North Tyrol Modern Addition (1 page) • Final Plat of North Tyrol Modern Addition (1 page) Recommended Action Motion to adopt Resolution for Approval of Plat – North Tyrol Modern Addition. RESOLUTION NO. 19-17 RESOLUTION FOR APPROVAL OF PLAT – NORTH TYROL MODERN ADDITION WHEREAS, the City Council for the City of Golden Valley, pursuant to due notice, has heretofore conducted a public hearing on the proposed plat to be known as North Tyrol Modern Addition covering the following described tracts of land: Lot 1, Block 15, Kennedy’s West Tyrol Addition Abstract Property WHEREAS, all persons present were given the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, Minnesota that said proposed plat be, and the same hereby is, accepted and approved, and the proper officers of the City are hereby authorized and instructed to sign the original of said plat and to do all other things necessary and proper in the premises. Adopted by the City Council of Golden Valley, Minnesota this 19th day of February, 2019. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk NORTH TYROL MODERN ADDITION 1/2 INCH OPENN88o20'06»W 76.00 45.00 31.00 HIGH WATER LEVEL--- -------------- o w qNp N vT'Xtgy \ eASFMeNT �-- S85_09'48"E 45.29 i �- � S �5O99� II - I \SS\) \,�CALCULATED HIGH WATER LEVEL=850.13 (NVGD 29 DATUM) I I o I I \ 00 Crl W 00 M w I I s 0�p CSI \ \ I I 0�s UI "9 z \ M < \ moo\ \ M �\ _ N II\ Ir_—n�/�^ r I \A/�_—^T \ \ T�/I_�/�I I III I A I�I�ITI/�I\ I C�\L_I \1I \1L_L/ I VV L-� I \ I I I \�/L_ FI1L_L_� \ \ 3/4 INCH OPEN Oz \ O O /\ I \ r J0 T, 1 = r MOW \ Z00W I00 B L 0 C K I N DAN M I 100 IN0 M0 I p (n (!) M I I 0 Ln Q1/2 INCH OPEN 0 M �J \ � .�3 Qvv I / 0=51 °24'57" MEAS. \ ,�"� �co R=170.33 MEAS. L=152.85 MEAS. (0 (Z�i=51025' R=170.39 L=152.85 C`? RLS 9255 LEGEND • DENOTES FOUND IRON MONUMENT, AS DENOTED 0 DENOTES SET IRON MONUMENT 1/2"04" IRON PIPE INSCRIBED RLS 15230 THE WEST LINE OF LOT 1, BLOCK 15, KENNEDY WEST TYROL HILLS IS ASSUMED TO HAVE A BEARING OF S03`21'38"E. DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: BEING 5 FEET IN WIDTH, ADJOINING LOT LINES, AND 10 FEET IN WIDTH, ADJOINING RIGHT-OF-WAY LINES, UNLESS OTHERWISE INDICATED. MSPS . 92 MEM�PS. 9 2 DN�o��s PooT � KENNEDY'S WEST TYROL HILLS ADDITION) S U N SET R I D G E 0 20 40 SCALE IN FEET 80 KNOW ALL PERSONS BY THESE PRESENTS: That STR8 Modern Propoerties LLC, a limited liability company in Minnesota, fee owner of the following described property situated in the County of Hennepin, State of Minnesota, to -wit: Lot 1, Block 15, Kennedy's West Tyrol Hills Addition Abstract Property Have caused the same to be surveyed and platted as NORTH TYROL MODERN ADDITION. In witness whereof, said STR8 Modern Properties LLC, a limited liability company in Minnesota, have hereunto set their hands this day of 20 Signed: Anthony Videen Operations Manager STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me this day of By: Signature Printed Name Notary Public, My Commission Expires County, Minnesota 20 , by Anthony Videen Operations Manager. I, Woodrow A. Brown, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on the plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01 Subd. 31 as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of 20 Woodrow A. Brown, Licensed Land Surveyor Minnesota License No. 15230 STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me this day of Signature Notary Public, My Commission Expires Printed Name County, Minnesota 20 , by Woodrow A. Brown. GOLDEN VALLEY, MINNESOTA This plat of NORTH TYROL MODERN ADDITION was approved and accepted by the City Council of the City of Golden Valley, Minnesota at a regular meeting thereof held this day of plat is in compliance with the provisions of Minnesota Statutes, Section 505.03 Subd. 2. CITY COUNCIL OF GOLDEN VALLEY, MINNESOTA By: Mayor By: City Manager RESIDENT AND REAL ESTATE SERVICES, Hennepin County, Minnesota I hereby certify that taxes payable in 20_ and prior years have been paid for land described on the plat, dated this Mark V. Chapin, County Auditor By: Deputy SURVEY DIVISION, Hennepin County, Minnesota Pursuant to MN. STAT. Sec. 3838.565(1969), this plat has been approved this day of Chris F. Mavis, County Surveyor By: REGISTRAR OF TITLES, Hennepin County, Minnesota I hereby certify that the within plat of NORTH TYROL MODERN ADDITION was filed in this office this Martin McCormick, Registrar of Titles By: Deputy COUNTY RECORDER, Hennepin County, Minnesota I hereby certify that the within plat of NORTH TYROL MODERN ADDITION was recorded in this office this Martin McCormick, County Recorder By: Deputy day of , 20 20 day of , 20 , at —o'clock—. M. day of 20 , at_ o'clock—. M. 20 , and said W. BROWN LAND SURVEYING, INC. Executive Summary For Action Golden Valley City Council Meeting February 19, 2019 Agenda Item 3. G. Authorize Agreement for Athletic Field Improvements at Wesley, Lions and Schaper Parks Prepared By Rick Birno, Director of Park and Recreation Summary The City, in cooperation with Golden Valley Girls Softball Association (GVGS), applied for and was awarded a $96,000 grant through the Hennepin County Youth Sports Program. The grant funds will be partnered with Park 2019-2023 Capital Improvement Funds (P-014), and a fiscal commitment from GVGS to replace dugouts, add dugout roofs, and add new fencing and general field improvements at Wesley, Lions and Schaper Parks. The agreement has been reviewed by the City Attorney and recommended for approval. Attachment • Agreement with Hennepin County for Girls Softball Field Improvement Project at Lions, Wesley and Schaper Parks (11 pages) Recommended Action Motion to authorize staff to electronically sign Agreement No. PR00000738 with Hennepin County for the ballfield improvements at Wesley, Lions and Schaper Parks. Contract No: PR00000738 AGREEMENT FOR Girls softball field improvement project at Lions Park,Wesley Park,and Schaper Park This Agreement is between the County of Hennepin, State of Minnesota("COUNTY"), A-2300 Government Center, Minneapolis, MN 55487, and the City of Golden Valley, 200 Brookview Parkway, Golden Valley, MN 55426 ("LOCAL UNIT OF GOVERNMENT"herein "LGU"). Recitals 1. Section 473.757, subd. 2 of Minnesota Statutes authorizes Hennepin County to make grants for youth activities and youth and amateur sports within Hennepin County with certain funds collected as part of the sales tax authorized in Section 473.757, subd. 10 of Minnesota Statutes. 2. Pursuant to Hennepin County Board Resolution 09-0320R3, Hennepin County created the Hennepin Youth Sports Program. The Hennepin Youth Sports Program makes grants for youth sports and activities and amateur sports within Hennepin County. 3. For 2019, as part of the Hennepin Youth Sports Program,by Resolution No. 18-0557R1, Hennepin County authorized an award of$96,000 to the LGU for girls softball field improvement project at Lions Park, Wesley Park, and Schaper Park. NOW, THEREFORE,the parties hereto do hereby agree as follows: The parties agree as follows: 1. TERM The LGU agrees to complete and provide all necessary documentation for payment for the Project described in Section 2 between January 1, 2019 and July 31, 2020. 2. PROJECT,CONTRIBUTION,USE OF FUNDS, MARKETING AND REPORTING The LGU shall be responsible for construction of the"Project" in accordance with the application submitted by the LGU to the Minnesota Amateur Sports Commission. The LGU's"Application" for the Project dated 11/2/2018 is on file with Hennepin County and this Application is incorporated into this Agreement by this reference. Pursuant to the terms herein,the COUNTY shall contribute to the LGU an amount not to exceed$96,000. The LGU shall be solely responsible for securing all additional funds needed for completion of the Project. The LGU shall use all funds received under this Agreement for construction of the Project. The parties shall cooperatively and collaboratively develop Project marketing including but not limited to a permanent plaque or sign,news releases,public announcements, social media,video,civic opportunities, logos and community events. The LGU shall not unreasonably refuse or withhold participation from any COUNTY initiated marketing project,plan or strategy. The LGU shall provide advance copy of the LGU's independently developed messaging and marketing materials regarding the Project to COUNTY for review and approval. COUNTY may, in its sole discretion,reject any proposed marketing if COUNTY determines the proposed marketing does not reflect the spirit or intent of the Project, this grant or is otherwise contrary to COUNTY's best interests. Upon completion of the project,the LGU shall provide information, data, statistics and other metrics related to the project, facilities,participants and/or related activities, including but not limited to usage numbers,who is using the park, and what changes in usage were noted. This information shall be provided within one year of completion and on an annual basis for two years thereafter. 3. PAYMENT FOR SERVICES Upon completion of the Project,the LGU shall submit a Certificate of Occupancy(when applicable) and/or an Affidavit of Project Completion(See Attachment A), as directed by COUNTY. Upon COUNTY's confirmation that the Project is complete,the LGU shall submit invoices for Project expenses with a Reimbursement Request letter in substantially the same content and character as Attachment B. If the total cost of the completed Project is less than the amount identified by the LGU in the budget the LGU submitted for the Project, the COUNTY's payment will be reduced based on a pro rata share of the difference between the budgeted amount and the actual amount. Payment shall be made directly to the LGU upon the presentation of a complete claim in the manner provided by law governing the COUNTY'S payment of claims and/or invoices. Payment shall be made within forty-five(45)days from receipt of the invoice. 4. PROFESSIONAL CREDENTIALS INTENTIONALLY OMITTED 5. INDEPENDENT CONTRACTOR LGU shall select the means,method, and manner of performing the services. Nothing is intended or should be construed as creating or establishing the relationship of co-partners 2 between the parties or as constituting LGU as the agent,representative, or employee of the COUNTY for any purpose. LGU is and shall remain an independent LGU for all services performed under this Agreement. LGU shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel of LGU or other persons while engaged in the performance of any work or services required by LGU will have no contractual relationship with the COUNTY and will not be considered employees of the COUNTY. The COUNTY shall not be responsible for any claims that arise out of employment or alleged employment under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of any personnel, including,without limitation,claims of discrimination against LGU, its officers, agents, LGUs,or employees. LGU shall defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents,volunteers, and employees from all such claims irrespective of any determination of any pertinent tribunal, agency,board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind from the COUNTY, including, without limitation,tenure rights,medical and hospital care, sick and vacation leave, Workers' Compensation,Re-employment Compensation, disability, severance pay, and retirement benefits. 6. NON-DISCRIMINATION A. In accordance with the COUNTY's policies against discrimination, LGU agrees that it shall not exclude any person from full employment rights nor prohibit participation in or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation,public assistance status, or national origin. No person who is protected by applicable Federal or State laws against discrimination shall be subjected to discrimination. 7. INDEMNIFICATION LGU agrees to defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents,volunteers and employees from any liability, claims, causes of action,judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of LGU, a subcontractor hired by the LGU, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of LGU to perform any obligation under this Agreement. Nothing in this Agreement constitutes a waiver by the LGUs of any statutory or common law defenses, immunities, or limits on liability. The LGUs cannot be required to pay on behalf of themselves and COUNTY to a third party, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for COUNTY and LGUs may not be added together to determine the maximum amount of liability for LGUs. 3 8. DATA PRACTICES LGU, its officers, agents, owners,partners, employees,volunteers and subcontractors shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA),the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws,rules,regulations and orders relating to data privacy or confidentiality. If LGU creates, collects, receives, stores,uses, maintains or disseminates data because it performs functions of the COUNTY pursuant to this Agreement,then LGU must comply with the requirements of the MGDPA as if it were a government entity, and may be held liable under the MGDPA for noncompliance. LGU agrees to defend, indemnify and hold harmless the COUNTY, its officials, officers, agents, employees, and volunteers from any claims resulting from LGU's officers', agents', owners',partners', employees', volunteers', assignees' or subcontractor's unlawful disclosure and/or use of such protected data, or other noncompliance with the requirements of this section. LGU agrees to promptly notify the COUNTY if it becomes aware of any potential claims, or facts giving rise to such claims,under the MGDPA. The terms of this section shall survive the cancellation or termination of this Agreement. 9. RECORDS—AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5, LGU agrees that the COUNTY,the State Auditor, the Legislative Auditor or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents,papers,records, etc., which are pertinent to the accounting practices and procedures of LGU and involve transactions relating to this Agreement. LGU shall maintain these materials and allow access during the period of this Agreement and for six(6)years after its termination or cancellation. 10. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. LGU binds itself, its partners, successors, assigns and legal representatives to the COUNTY for all covenants, agreements and obligations contained in the contract documents. B. LGU shall not assign,transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part,nor assign any monies due or to become due to it without the prior written consent of the COUNTY. A consent to assign shall be subject to such conditions and provisions as the COUNTY may deem necessary, accomplished by execution of a form prepared by the COUNTY and signed by LGU, the assignee and the COUNTY. Permission to assign,however, shall under no circumstances relieve LGU of its liabilities and obligations under the Agreement. 4 C. LGU may subcontract for the services to be performed pursuant to this contract. Permission to subcontract,however, shall under no circumstances relieve LGU of its liabilities and obligations under the Agreement. Further, LGU shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the specified contractual services, and of person(s)directly or indirectly employed by subcontractors. Contracts between LGU and each subcontractor shall require that the subcontractor's services be performed in accordance with the terms and conditions specified. LGU shall make contracts between LGU and subcontractors available upon request. 11. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items,the terms of this Agreement shall prevail. B. Any alterations, variations,modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. 12. DEFAULT AND CANCELLATION A. If LGU fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, it shall be in default. Unless LGU's default is excused by the COUNTY,the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for the COUNTY to delay payment until LGU's compliance. In the event of a decision to withhold payment, the COUNTY shall furnish prior written notice to LGU. B. The above remedies shall be in addition to any other right or remedy available to the COUNTY under this Agreement, law, statute,rule, and/or equity. C. The COUNTY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same,unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. D. This Agreement may be canceled with or without cause by either party upon thirty(30)day written notice. If COUNTY cancels this Agreement without cause 5 upon thirty days written notice, COUNTY shall pay the LGU reasonable expenses incurred prior to the notice of cancellation. E. Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement include but are not limited to: INDEPENDENT CONTRACTOR; INDEMNIFICATION; DATA PRACTICES; RECORDS- AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION; PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. 13. CONTRACT PROCESSING AND ADMINISTRATION The Minnesota Amateur Sports Commission("MASC")will serve as staff liaison in the grant process administration. Responsibilities will include but not be limited to: forwarding all required grant processing documents to LGU; and forwarding appropriate documents to COUNTY for processing and/or execution(i.e., grant contract and invoice requests). MASC will serve as contact for grant administration and/or processing inquiries. Thomas Rupp, or successor, shall manage this Agreement on behalf of the COUNTY and serve as contract liaison between the COUNTY and LGU. 14. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. LGU shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. B. If the source or partial source of funds for payment of services under this Agreement is federal, state or other grant monies, LGU shall comply with all applicable conditions of the specific referenced or attached grant. C. LGU certifies that it is not prohibited from doing business with either the federal government or the State of Minnesota as a result of debarment or suspension proceedings. 15. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the originating Department at the address given in the opening paragraph of the Agreement. Notice to LGU shall be sent to the address stated in the opening paragraph of the Agreement. 6 16. PROMOTIONAL LITERATURE LGU agrees that the terms "Hennepin County"or any derivative shall not be utilized in any promotional literature, advertisements of any type or form or client lists without the express prior written consent of the COUNTY. 17. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation,however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 7 COUNTY BOARD AUTHORIZATION Reviewed for COUNTY by COUNTY OF HENNEPIN the County Attorney's Office: STATE OF MINNESOTA By: Reviewed for COUNTY by: ATTEST: Board Resolution No: By: Document Assembled by: W 1-5 Thomas Rupp E-signed 2019-01-25 08:07AM CST thomas.rupp@hennepin.us Hennepin County Sr.Financial Management Analyst 8 LGU LGU warrants that the person who executed this Agreement is authorized to do so on behalf of LGU as required by applicable articles,bylaws,resolutions or ordinances.* By: *LGU represents and warrants that it has submitted to COUNTY all applicable documentation (articles,bylaws, resolutions or ordinances)that confirms the signatory's delegation of authority. Documentation is not required for a sole proprietorship. 9 Executive Summary For Action Golden Valley City Council Meeting February 19, 2019 Agenda Item 3. H. Award Contracts for the Xenia Avenue South and Golden Hills Drive Improvement Project No. 16-09 Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, PE, Assistant City Engineer Summary In August of 2018, bids for the Xenia Avenue South and Golden Hills Drive Improvement Project No. 16-09 were opened. The bids received were higher than anticipated and allotted funding did not allow for the project to be awarded in 2018. Staff resolicited bids on February 7, 2019. The project consisted of a base bid and one alternate bid. Five bids were received, the base bids, and alternates are listed below: Contractor Base Bid Alt Bid 1 TOTAL Valley Paving, Inc. $1,021,021.63 $23,969.34 $1,044,990.96 GMH Asphalt Corporation $1,108,114.96 $19,829.48 $1,127,944.44 Northwest Asphalt, Inc. $1,177,346.76 $28,165.49 $1,205,512.25 Bituminous Roadways , Inc. $1,183,054.95 $24,726.80 $1,207,781.75 Park Construction Company $1,223,573.99 $22,815.10 $1,246,389.09 Staff reviewed the bids and found them to be accurate and in order. Staff recommends awarding the base bid, and Alternate Bid 1 for a total amount of $1,044,990.96. Construction Observation and Engineering Services Staff received a proposal from the consulting engineering firm of WSB & Associates, Inc. dated February 6, 2019, for construction staking, testing and engineering services on the Xenia Avenue South and Golden Hills Drive Improvement Project No. 16-09. The construction staking includes all survey work during construction, record drawing survey, and drawing preparation following construction. Construction observation and testing services for this project will be performed by WSB staff. The proposal includes a not-to-exceed amount of $175,118. Design services for this project were also provided by WSB with a contract total not to exceed $118,192. Funding for the project is included in the 2019 Capital Improvement Program (S-031) in the amount of $1,350,000. It is expected that construction will begin as weather permits in April 2019 and be completed by the end of the summer. Attachments • Location map (1 page) • Professional Services Agreement dated February 6, 2019 (5 pages) • Contract with Valley Paving, Incorporated (5 pages) Recommended Actions Motion authorizing a contract with Valley Paving, Inc. for the base bid plus alternate bid 1 for the construction of the Xenia Avenue South and Golden Hills Drive Improvement Project No. 16-09 in the amount of $1,044,990.96. Motion to authorize entering into a contract with WSB & Associates, Inc. for observation, construction staking, and engineering services on the Xenia Avenue South and Golden Hills Drive Improvement Project, not to exceed $175,118. GoldenHills Pond XeniaOpenSpace §¨¦394 Circle DownTurners Crossroad SGolden Hills Dr Laurel AveLaurel AveDakota Ave SBrunswick Ave SXenia Ave SAlley P ark Place Blv d (SLP)I-394SFr o n t a ge R d (S L P )Xeni aAveSLawn TerRadisson Rd Turnp ike RdEdgewo odAveSEdgewoodAveSK in g CreekRdHwy 394Colorado Ave SGoldenHills Dr WayzataBlvd Turnpi ke Rd Golden Hills Dr Xeni aAveSXenia Avenue / Golden Hills DrPublic Improvement Project I0400800200Feet Sources: Print Date: 2/12/2019-Hennepin County Surveyors Office for Property Lines (2019).-City of Golden Valley for all other layers. 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM February 6, 2019 Mr. Jeff Oliver, PE City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Re: Xenia Avenue Improvements Proposal for Construction Administration Services City of Golden Valley, MN Dear Mr. Oliver: We (WSB) are pleased to submit the attached proposal for Construction Administration of the Xenia Avenue Improvements for the 2019 Construction Season. The total for this work is $175,118. The attached document describes the tasks and fees. If you have any questions about this proposal, please do not hesitate to contact me at 763- 287-7149. Sincerely, WSB & ASSOCIATES, INC. Andrew Plowman, PE Project Manager Attachments Page 1 Proposal – Xenia Avenue Construction Services Construction Oversight City of Golden Valley Xenia Avenue Improvements Construction Construction Oversight Engineering Services SCOPE OF WORK Task 1 – Project Management 1.1 Project Management: This task will include providing updates and invoicing to the City Project Manager. WSB will send out monthly invoices and budget updates, based on construction progress. Task 2 – Project Administration 2.1 Preconstruction Conference: WSB will attend and lead the preconstruction conference at the beginning of the project. WSB will provide an agenda and meeting minutes within 48 hours after the meeting. 2.2 Weekly Meeting (Assume 12 Meetings): WSB will have the construction inspector and other individuals (depending on the topics) attend the weekly meetings. WSB will provide meeting minutes within 48 hours after the meetings. 2.3 Documentation Review: WSB will review project documentation (such as shop drawings) related to the storm sewer, signal systems and retaining walls. In addition, WSB will review submittals related to bituminous and concrete. 2.4 Monthly Pay Estimate: WSB will keep an itemized record account of the quantities and generate monthly pay vouchers for the City to process. WSB will work with the contractor to make sure quantities are agreed upon at the end of each month. 2.5 Materials Certification: WSB will provide testing services for the concrete and bituminous materials (see Material Testing section). WSB will provide the call to MnDOT plant monitoring. WSB will provide a materials exception summary for the file upon project completion. 2.6 Final Documentation: WSB will summarize and compile all the project documentation upon project completion. Task 3 – Construction Observation Services 3.1 Full Time Construction Observation: WSB will provide a full-time observer during the course of the project. It is assumed the project will have a 12-week duration. The observer will work closely with the contractor, and provide answers regarding the plan. The Observer will have an open line of communication with the City project manager. 3.2 Construction Staking: WSB will provide the appropriate survey staking for the project, which will include; storm sewer, curb and gutter, grading grade (where applicable) and signal base. Page 2 Proposal – Xenia Avenue Construction Services Construction Oversight City of Golden Valley 3.3 Environmental: WSB will provide weekly NPDES inspection and after rainfall events. They will document the contractor’s compliance with the NPDES permit and SWPPP, and provide recommendations. 3.4 Punch List/Final Inspection: WSB will complete a walk thru of the project and generating a punch list. Materials Testing – WSB will provide materials testing on the concrete and bituminous items. WSB will follow the MnDOT state aid schedule of materials control. This will include taking cylinders and performing the laboratory tests and reports for state aid compliance. Page 3 Proposal – Xenia Avenue Construction Services Construction Oversight City of Golden Valley ESTIMATED COST The table below shows a summary of WSB’s estimate of the cost for the work described above for the 2019 construction season. The estimated cost is $175,118. This includes WSB’s labor at our standard hourly billing rate for 2019. WSB will bill the City for the actual hours worked up to the maximum of $175,118. A detailed breakdown of the hours can be found on the following page. Accepted: City of Golden Valley, MN By: ____________________ ______________________ Tim Cruikshank, City Manager Date: City of Golden Valley, MN By: ____________________ ______________________ Shepard M. Harris, Mayor Date: City of Golden Valley, MN Tasks Project Cost Task 1 – Project Management $3,480 Task 2 – Project Administration $26,664 Task 3 – Construction Inspection Services $112,974 Materials Testing $32,000 Total Cost $175,118 Project Manager Lead Observer State Aid Senior Survey Two PersonLabor Compliance Technician Survey Crew ClericalTotal WORK TASKContract No HoursCostTask Description1 PROJECT MANAGEMENT1.1Project Management2424 $3,480.002 PROJECT ADMINISTRATION2.1Pre-Construction Conference644 14 $1,682.002.2Weekly Meetings (Assume 12 Meetings)24 284 56 $7,292.002.3Documentation Review8 16 16 4 44 $5,312.002.4Monthly Pay Estimates (3 Estimates)4168 28 $3,204.002.5Material Certification16 8 16 2 42 $5,316.002.6Final Documentation 16 8 4 1 29 $3,858.003 CONSTRUCTION OBSERVATION3.1Full Time Construction Observation (12 Weeks@ 50 hrs/wk)600600$75,000.003.2Construction Staking2161204142$30,002.003.3 Environmental2424$3,000.003.4 Punchlist / Final Inspection81644436$4,972.00Total Hours1087203620124311039Hourly Costs145.00125.00115.00150.00225.0078.00WSB SALARY COSTS$15,660.00 $90,000.00 $4,140.00 $3,000.00 $27,900.00 $2,418.00$143,118.00MATERIALS TESTING$32,000.00TOTAL PROJECT COST$175,118.00ESTIMATE OF COST - Xenia Avenue Construction Project WSB CONTRACT FOR THE XENIA AVENUE/GOLDEN HILLS DRIVE IMPROVEMENT PROJECT CITY PROJECT #16-09 1 THIS AGREEMENT, entered into the 19th day of February 2019 between the City of Golden Valley, a municipal corporation, existing under the laws of the State of Minnesota, hereinafter referred to as the Municipality, party of the First Part, and Valley Paving, Incorporated, a Corporation, under the laws of Minnesota hereinafter called the Contractor, party of the Second Part. ARTICLE 1. The Contractor, for and in consideration of one dollar and other good and valuable considerations received including the payment, or payments herein specified, and by the Municipality to be made, hereby covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all the work and labor necessary for the Xenia Avenue/Golden Hills Drive Improvement Project, City Improvement Project #16-09 according to Plans and Specifications on file in the office of the City Clerk. The Plans and Specifications, the proposal of the Contractor and the Contractor's bond, the General Conditions and the Special Provisions, together with this contract, shall together constitute the Contract documents, and herein are referred to as the Contract Documents. ARTICLE 2. The Contractor agrees to commence said work and conclude the same in accordance with the Proposal and Bid heretofore filed with the Municipality and in accordance with the time schedule for commencement and completion of the work set forth in the Contract Documents, time being of the essence of this agreement, and to complete said work in every respect to the satisfaction and approval of the Municipality. ARTICLE 3. The Contractor further agrees to make, execute and deliver to the Municipality corporate surety bonds approved by the Council of the Municipality, both in the sum of one million, forty-four thousand, nine-hundred ninety dollars and ninety-six cents ($1,044,990.96) for the use of said Municipality and of all persons doing work on furnishing skill, tools, machinery or materials under or for the purpose of this Contract to secure the faithful performance and payment of the Contract by said Contractor and to be conditioned as required by law, and this contract shall not become effective unless and until said bonds have been received and approved by the Council of the Municipality. ARTICLE 4. In consideration of the covenants and agreements stated above, the Municipality agrees to pay the Contractor the sum stated in the Proposal or Bid of said Contractor. Installment payments, if any, on account of work done and materials furnished by said Contractor under this Contract and actually in place is said improvements, shall be made in accordance with the provisions of the General Contract conditions and final payment, therefore, shall be due and payable on or before ten (10) days after receipt by the Council of the Municipality of: (a) a certificate by the City Engineer that the work has been fully completed and this contract fully performed by CONTRACT FOR THE XENIA AVENUE/GOLDEN HILLS DRIVE IMPROVEMENT PROJECT CITY PROJECT #16-09 2 the Contractor and; (b) an opinion of the Municipality's attorney that the Municipality is then obligated to pay the sum contracted for herein. ARTICLE 5. It is understood and agreed by the Contractor that the City, through its authorized agents shall be the sole and final judge of the fitness of the work and its acceptability, and no payment shall be made to the Contractor hereunder until the work shall have been found acceptable by the Municipality through its authorized agents. ARTICLE 6. It is understood and agreed by the Contractor that, with respect to all work, the Contractor will keep as complete, exact and accurate an account of the labor and materials used as is possible, and in submitting the final statement will itemize and allocate the costs of said work. ARTICLE 7. All payments to the Contractor shall be made payable to the order of Thomas and Sons Construction and the Municipality does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. The City reserves the right to cancel the award of any contract at any time before the execution of the contract by all parties without any liability against the City. ARTICLE 9. The City may by written notice terminate the contract or any portion thereof when it is deemed in the best public, state or national interest to do so; or the City is unable to adequately fund payment for the contract because of changes in state fiscal policy, regulations or law; or after finding that for reasons beyond the Contractor’s control the Contractor is prevented from proceeding with or completing the contract work within a reasonable period of 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 procedure on attached Exhibit A and as otherwise mutually agreed to. Termination of the Contract or any portion thereof shall not relieve the Contractor of responsibility for the completed work, nor shall it relieve the Contractor’s Sureties of their obligations for and concerning any just claims arising out of the work performed. CONTRACT FOR THE XENIA AVENUE/GOLDEN HILLS DRIVE IMPROVEMENT PROJECT CITY PROJECT #16-09 3 IN WITNESS WHEREOF, both parties hereto have caused these presents to be signed on their respective behalf’s 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 BY Shepard M. Harris, Mayor BY Timothy J. Cruikshank, City Manager CONTRACTOR BY ITS BY ITS 4 EXHIBIT A Elimination of Work Should any Contract items be eliminated from the Contract or any work be deleted or ordered termination on a Contract item before completion of the construction unit, the Contractor will be reimbursed for all costs incurred prior to notification, that are not the result of unauthorized work. Compensation will be made on the following basis: (1) The accepted quantities of work completed in accordance with the Contract will be paid for at the Contract prices. (2) For materials that have been ordered but not incorporated in the work, reimbursement will be made in accordance with the procedure set out below for Surplus Material. (3) For partially completed items, the accepted work will be paid for on the basis of a percentage of the Contract bid price equal to the percentage of actual accomplishment toward completion of the item. In arriving at this percentage, the value of materials incorporated in the partially completed items will be considered to be the actual purchase price of the materials, plus transportation costs, to which will be added 15 percent of the sum thereof. (4) The Contractor will also be reimbursed for such actual expenditures for equipment, mobilization, and overhead as the City considers directly attributable to the eliminated work and that are not recovered as part of the direct payment for the work. Payment for completed work at the Contract prices and for partially completed work and materials in accordance with the above provisions, together with such other allowances as are made for fixed costs, shall constitute final and full compensation for the work performed as Contract items that have been partially or totally eliminated from the Contract. Payment for Surplus Material Payment for materials that have been ordered for the work, but that are not to be used because of cancellation of the Contract or a portion thereof, because of an order to terminate the work before completion of the entire unit, or because the quantity ordered by the Engineer was in excess of the quantity needed, will be made in accordance with the following provisions, unless the Contractor or supplier elects to take possession of the surplus material without expense to the City: 5 (1) Payment for surplus materials that have been purchased and shipped or delivered to the Project will be made at the Contract bid price when the pay item covers the furnishing and delivering of the material only. (2) When the Contract bid price covers the furnishing and placing of the material, the City will take possession of the surplus materials that have been purchased and shipped or delivered to the Project, or will order the material returned to the supplier for credit and will pay the Contractor the actual purchase price of the material plus transportation costs, to which will be added 15 percent of the total thereof, and from which will be deducted any credits received by the Contractor for materials returned. (3) Materials that have been ordered but have not been consigned for shipment will be paid for upon delivery the same as materials in transit or delivered only when the supplier is unwilling to cancel or modify the order such as in the case of materials requiring special manufacture, fabrication, or processing so as to be unsuitable for general use. In no case will payment for surplus materials exceed the Contract bid price for the materials complete in place. The Contractor shall furnish receipted invoices or an affidavit showing the purchase price and transportation charges on materials to be taken over by the City. Surplus materials that are taken over by the City shall be delivered to the storage sites designated by the Engineer. Except as above provided, no payment will be made to the Contractor for any materials that are not incorporated in the work. Materials are to be ordered in the quantities needed unless a specific quantity is to be furnished by direct order of the Engineer. No payment will be made for surplus materials that have not been inspected, tested, and accepted for use, nor will any payment be made for accepted materials that have not been properly preserved, stored, and maintained to the date on which they are delivered to the City. Executive Summary For Action Golden Valley City Council Meeting February 19, 2019 Agenda Item 3. I. Approve Contract for Services with Metropolitan Consortium of Community Developers for the Open to Business Program Prepared By Marc Nevinski, Physical Development Director Summary The Open to Business program provides aspiring entrepreneurs with access to free business advisory and technical services. These service are provided by the Metropolitan Consortium of Community Developers (MCCD). MCCD also provides business loans and can assist in assembling additional sources of business financing. The City has participated in the Open to Business program since 2013. Attached is a summary of the services, business types, and financing provided to Golden Valley entrepreneurs in 2018. The program is promoted in Golden Valley on the City’s website, social media, and newsletter using content provided by MCCD. Hennepin County is also producing a promotion video about Open to Business for distribution later this year. Previously, the contract cost to offer this program was $10,000 annually. Golden Valley and New Hope partnered with Hennepin County to fund the program costs, with the cities each funding 25% and Hennepin County funding the remaining 50%. The proposed contract for 2019 does not include New Hope, who will have its own contract with MCCD. The 2019 contract includes an annual fee of $7500, with 50% funded by the City and 50% by Hennepin County HRA. This is an annual increase to the City of $1250. MCCD staff will hold walk-in office hours at City Hall every other month and is available to meet with entrepreneurs by appointment. The contract term includes services for 2019 plus two, one year automatic extensions, effective March 1, 2020 and March 1, 2021. Funding for Open to Business is included in the 2019 City Council Budget (1001.6440; Other Contractual Services for $2,500). Attachments • Open To Business Update 2018 (1 page) • Contract for Services between the City of Golden Valley and Metropolitan Consortium of Community Developers for the Open to Business Program (7 pages) Recommended Action Motion to approve the Contract for Services between the City of Golden Valley and the Metropolitan Consortium of Community Developers for the Open to Business Program and authorize the City Manager to execute the contract. City/County: Time Frame: Clients Served: Client Inquiries 1 New Entrepreneur/Start-up 8 Existing Business 8 Total 17 How did client hear about OTB: •Municipality (newsletter) 12 •Web 1 •Entrepreneur 3 Direct & Facilitated Financing approved: # of loans 2 Amount $319,000 Capital Leveraged: $2,199,255 Jobs retained or created from MCCD closed loan clients: 43 Program related hours TA/Admin: 133 Types of Services Provided: Cash Flow analysis & projections Record keeping and bookkeeping advice Business plan development Strategic planning Real Estate analysis Business feasibility Financial management Loan packaging and underwriting Franchise evaluation Business Registration/ structure Networking/ referrals Lease review Golden Valley 1/1/18-12/31/18 Industry Segment: Food 5 Construction/Real Estate 3 Service 5 Health/Fitness 2 Technology 1 Client Demographics Demographic # of Clients TA Hours Women Entrepreneurs 8 37 Minority Entrepreneurs 8 84 Low Income Entrepreneurs 5 28 Types of Businesses: Breast Milk pasteuritzation Micro Brewery Commercial construction Event and Banquet Hall Home based salon Indoor Playground IT consulting Pies for Peace maker Mental health and substance abuse counseling Mobile bicycle repair Property Inspection franchise Restaurant Updates Contract for Services Between the City of Golden Valley & Metropolitan Consortium of Community Developers for the Open to Business Program THIS AGREEMENT, is made and entered into as of the ____ of March, 2019, (the “Effective Date”) between the City of Golden Valley, (herein referred to as the “City”) and Metropolitan Consortium of Community Developers, (herein referred to as “MCCD”). WHEREAS, the City wishes to retain an entity with the capacity to provide small business technical assistance to existing businesses and those parties interested in opening a business in Golden Valley and has elected to promote and market such a program to be called the Golden Valley Open to Business Program (referred to herein as the “Initiative”); WHEREAS, MCCD is qualified and competent to provide the services required to administer and carry out the Initiative; and WHEREAS, the City wishes to engage MCCD to provide said services necessary to carry out the Initiative. NOW THEREFORE, it is agreed between the parties hereto that: 1. TERM This Agreement shall be effective as of ________, 2019 and shall be effective until March 1, 2020. Unless cancelled pursuant to paragraph 13 herein, the Agreement shall automatically renew for a successive one year terms on March 1 of each year. MCCD shall begin providing the Services (as defined below) on March 1, 2019. 2. COMPENSATION Total compensation to MCCD shall be $7,500 for a one year period (the Contract Amount) to manage the Golden Valley Open to Business program. The City shall pay $3,750 upon execution of this Agreement. MCCD shall invoice the remaining $3,750 (the “Second Installment”) to the Hennepin County Housing Redevelopment Authority within six months of the Effective Date and shall collect the Second Installment directly from the Hennepin County Housing Redevelopment Authority. In no event shall the City be liable for the Second Installment. . 3. SCOPE OF SERVICES MCCD will provide the services listed on the attached Exhibit A, which is incorporated herein by reference, including but not limited to technical assistance to Golden Valley businesses, residents and parties interested in starting a business in Golden Valley (the “Services”). 4. REPORTING MCCD shall submit reports related to its operation of the Initiative (the “Reports”). The Reports shall include all data reasonably requested by the City, including but not limited to::  Number of inquiries  Hours of technical assistance provided  Type of assistance provided  Type of business  Annual sales revenue of businesses served  Number of businesses opened  Number of business expanded/stabilized  Number and amounts of financing packages  Demographic information on entrepreneurs At a minimum, the Reports shall be provided to the City according to the following schedule: January – June activity, report due July 31st January – December activity, report due January 31st MCCD will provide additional reports as requested by the GV. 5. PERSONNEL MCCD is not aware of any fact or circumstance that would prevent MCCD from performing in accordance with this Agreement. MCCD represents and warrants that MCCD has the requisite training, skills, and experience necessary to provide the Services contemplated by this Agreement and that the Services will be performed using personnel, equipment, and material qualified and suitable to perform the Services as requested. MCCD will perform its obligations hereunder with reasonable care and skill, in a diligent and professional manner and in accordance with accepted professional practices and industry standards. 6. INDEPENDENT CONTRACTOR RELATIONSHIP The City and MCCD agree that MCCD is an “independent contractor” and not an employee of the City. MCCD shall retain the sole and exclusive right to control the manner and means by which the Services are performed under this Agreement. MCCD shall be solely and entirely responsible for its acts and for the acts of its employees, agents, volunteers and subcontractors in connection with its provision of Services. MCCD shall be responsible for the compensation and benefits of MCCD’s employees and for payment of all federal, state and local taxes payable with respect to any amounts paid to MCCD under this Agreement. No payroll or employment taxes of any kind shall be withheld or paid by the City with respect to payments to MCCD, including but not limited to, FICA, FUTA, federal and state personal income tax, state disability insurance tax and state unemployment tax. MCCD shall not be entitled to any benefits from the City, including, without limitation, insurance benefits, sick and vacation leave, workers’ compensation benefits, unemployment compensation, disability, severance pay, or retirement benefits. 7. ASSIGNABILTY MCCD shall not assign any interest in this Agreement, and shall not transfer any interest in the same without the prior written approval of the City. 8. COMPLIANCE WITH LOCAL LAWS MCCD shall comply with all applicable federal, state, and local laws, rules, regulations, codes, ordinances and orders, including but not limited to OSHA regulations and local, state and national building codes. Additionally, MCCD will practice all reasonable and appropriate safety and loss control practices. MCCD has in effect and will maintain in effect all permits, licenses, and other authorizations, if any, necessary for its provision of the Services. 9. INSURANCEInsurance. MCCD, at its expense, shall procure and maintain in force for the duration of this Agreement, the following minimum insurance coverages: a. Comprehensive General Liability. MCCD shall maintain commercial general liability insurance in a minimum amount of $1,000,000 per occurrence; $1,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, professional services, personal injury, advertising injury, and contractually assumed liability. The City shall be named as additional insured. b. Workers’ Compensation and Employer’s Liability. MCCD shall provide workers’ compensation insurance for all of its employees in accordance with the statutory requirements of the State of Minnesota. MCCD shall also carry employer’s liability coverage with minimum limits as follows: $500,000 – Bodily Injury by Disease per employee; $500,000 – Bodily Injury by Disease aggregate; and $500,000 – Bodily Injury by Accident. Within ten days of the effective date of this Agreement and thereafter upon the City’s request MCCD shall provide a certificate of insurance as proof that the above coverages are in full force and effect. These insurance requirements may be met through any combination of primary and umbrella/excess insurance. MCCD’s policies shall be primary and non-contributory to any other valid and collectible insurance available to the City with respect to any claim arising out of MCCD’s performance under this Agreement. MCCD’s policies and certificate of insurance shall state the coverage afforded under the policies shall not be cancelled without at least 30 days’ advanced written notice to the City. 10. HOLD HARMLESS MCCD agrees to defend, protect, indemnify and hold harmless the City, its elected officials, agents, officers, volunteers and employees harmless from and against all liabilities, losses, damages, costs, claims and expenses, whether personal, property, or contractual, including reasonable attorney’s fees, arising out of, or related to the provision of services under this Agreement or with respect to errors or omissions in performance of professional services related to the Initiative, and from any act of negligence of MCCD, its officers, employees, servants, agents, or contractors. The provisions of this section 10 shall survive any termination of this Agreement. 11. NOTICES A notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by mail, postage prepaid, return receipt requested, or delivered personally; and (a) In the case of MCCD, is addressed or delivered personally to: Lee Hall, Chief Operating Officer Metropolitan Consortium of Community Developers 3137 Chicago Avenue South Minneapolis, MN 55407 (b) In the case of the City: Marc Nevinski City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 or at such other address with respect to any party as that party may designate in writing and forward to the other as provide in the Section. 12. MODIFICATION AND GOVERNING LAW This Agreement shall be governed by Minnesota law and may not be modified, changed, or amended in any manner whatsoever without the prior written approval of all the parties hereto. Any action to enforce any provision of this Agreement shall be commenced in the Hennepin County District Court, Fourth Judicial District in Minnesota. 13. TERMINATION Either party may terminate this Agreement upon 30 days written notice. 14. GOVERNMENT DATA/PRIVACY MCCD agrees to abide by the applicable provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state or federal rules, regulations, or orders pertaining to privacy or confidentiality. MCCD understands that all of the data created, collected, received, stored, used, maintained, or disseminated by MCCD in performing those functions that the City would perform is subject to the requirements of Chapter 13, and MCCD must comply with those requirements as if it were a government entity. This does not create a duty on the part of MCCD to provide the public with access to public data if the public data is available from the City, except as required by the terms of this Agreement. 15. NONDISCRIMINATION In the hiring of employees to perform work under this Agreement, MCCD shall not discriminate against any person by reason of any characteristic or classification protected by state or federal law. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. CITY OF GOLDEN VALLEY METROPOLITAN CONSORTIUM OF COMMUNITY DEVELOPERS By: By: Timothy Cruikshank, City Manager Jim Roth, Its Executive Director Exhibit A Scope of Services Open for Business Technical Assistance Services MCCD will provide intensive one-on-one technical assistance to Golden Valley and New Hope businesses, Golden Valley and New Hope residents and aspiring entrepreneurs intending to establish, purchase, or improve a business in Golden Valley and New Hope. Technical assistance includes, but is not limited to, the following:  Business plan development  Feasibility analysis  Marketing  Cashflow and other financial projection development  Operational analysis  City and State licensing and regulatory assistance  Loan packaging, and other assistance in obtaining financing  Help in obtaining competent legal advice MCCD will also provide technical assistance on a walk-in basis at least monthly in the City Halls of the cities of Golden Valley and New Hope or as requested at a place of business within Golden Valley and New Hope. Open for Business Access to Capital Access to capital will be provided to qualifying businesses through MCCD’s Emerging Small Business Loan Program (see Exhibit B Small Business Loan Program Guidelines below). MCCD also provides its financing in partnership other community lenders, banks or both. EXHIBIT B Small Business Loan Program Guidelines Loan Amounts: • Up to $25,000 for start-up businesses • Larger financing packages for established businesses • Designed to leverage other financing programs as well as private financing provided by the commercial banking community. Eligible Projects: • Borrowers must be a “for-profit” business. • Business must be complimentary to existing business community. • Borrowers must have equity injection as determined by fund management. Allowable Use of Proceeds: • Loan proceeds can be used for working capital, inventory, building and equipment and general business operations. Interest Rates: • Loan interest rate is dependent on use, term and other factors, not to exceed 10%. Loan Term Length: • Loan repayment terms will generally range from three to five years, but may be substantially longer for major asset financing such as commercial property. Fees and Charges: • Borrowers are responsible for paying all customary legal and other loan closing costs. Executive Summary For Action Golden Valley City Council Meeting February 19, 2019 Agenda Item 3. J. Approve Cooperative Agreement with the City of Minneapolis Regarding 2019 Final Four Prepared By Jason Sturgis, Police Chief Summary The City of Minneapolis has requested Golden Valley as well as surrounding cities to help assist in public safety security related to the 2019 Final Four. The attached agreement outlines the duties and reimbursement during the time from Monday, April 1, 2019 through Tuesday, April 9, 2019. Staff recommends the approval of this mutual aid agreement with the City of Minneapolis. The agreement has been reviewed by the City Attorney and recommended for approval. Attachments • Cooperative Agreement with the City of Minneapolis Regarding Public Safety Security Related to the 2019 Final Four (19 pages) Recommended Action Motion to approve the Cooperative Agreement with the City of Minneapolis Regarding Public Safety Security Related to the 2019 Final Four. Gpw/ncaajpa (11.20.18) Page 1 COOPERATIVE AGREEMENT REGARDING PUBLIC SAFETY RELATED TO THE 2019 MENS NCAA BASKETBALL TOURNEMENT THIS INTERGOVERNMENTAL COOPERATIVE AGREEMENT REGARDING PUBLIC SAFETY AND SECURITY RELATED TO THE 2019 MENS NATIONAL COLLEGIATE ATHLETIC ASSOCIATION BASKETBALL TOURNAMENT (herein after referred to as the “Agreement”), is made effective, except as otherwise made operationally effective as set forth in Section 5 herein, on this day of , 2018, by and between the CITY OF MINNEAPOLIS, MINNESOTA, a municipal corporation, (hereinafter referred to as the “City”), acting through its Police Department (hereinafter referred to as the “MPD”) and ____________________________, a [insert name of city/county/or other governmental entity acting through its _____________________________ [insert name of law enforcement organization] (hereinafter referred to as the “Provider”). City, MPD, and each Provider may be referred to individually as a “Party” or collectively as the “Parties” to this Agreement. WHEREAS, the City is the host city for the 2019 National Collegiate Athletic Association (NCAA), Men’s Semi-Final and Final Round Basketball Tournament to be held on Saturday, April 6, 2019, and on Monday, April 8, 2019 and for related events authorized by the NCAA and the City of Minneapolis, most of which will take place in the City from Monday, April 1, 2019, through Tuesday, April 9, 2019 (hereinafter referred to collectively as the “Event”); and WHEREAS, a Unified Command structure (as that term is defined in Section 2.4) is needed to ensure the level of security coordination required for the Event; and WHEREAS, the MPD will be the lead law enforcement agency for the Event and make staff assignments as part of a “unified command center” as defined in Section 2.4 hereof; and WHEREAS, the City has agreed to serve as the fiscal agent for law enforcement costs for the Event; and WHEREAS, the City needs to procure additional law enforcement personnel to provide the public safety and security measures required for such a large and unique Event; and WHEREAS, at the request of the City, the Provider is willing to provide the services of the law enforcement personnel identified in this Agreement to the City to assist the MPD with Event security; and NOW THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471.59 (“Joint Exercise of Powers”) and/or Minnesota Statutes Sections 626.76 and 626.77, and in consideration of the mutual covenants herein contained and the benefits that each party hereto shall derive hereby, the Parties agree as follows: Page 2 1. PURPOSE OF THE AGREEMENT 1.1 The purpose of this Agreement is to set forth the terms and conditions whereby the Provider will provide the City with Licensed Peace Officers to be assigned to one or more of the Event locations identified on Exhibit A attached hereto through the creation of a joint powers, “unified command center” (as further explained in Section 2.4 of this Agreement) to provide law enforcement and security services (“Services”) during the term of the Event. 1.2 Provider will exercise its best efforts to assist with Event security. The Parties acknowledge and agree that resource availability requires Provider to exercise its best judgment in prioritizing and responding to the public safety needs of its jurisdiction including, but not limited to, the Event. That prioritization decision belongs solely to Provider. The Provider may, at any time, recall the Provider’s resources when, it is considered to be in Provider’s best interest to do so. The Provider is not liable to the City for the Provider’s failure to provide or recall Licensed Peace Officers. 1.3 Provider’s resources shall be full-time, Licensed Peace Officers and each such Licensed Peace Officer must meet the following criteria as defined in Minnesota Statutes Sections 626.84, Subdivision 1(c) and 471.59, Subdivision 12, which reads: “(1) the peace officer has successfully completed professionally recognized peace officer pre-employment education which the Minnesota Board of Peace Officer Standards and Training has found comparable to Minnesota peace officer pre- employment education; and (2) the officer is duly licensed or certified by the peace officer licensing or certification authority of the state in which the officer's appointing authority is located.” 2. ADDITIONAL CRITERIA OF LICENSED PEACE OFFICERS; PROVIDER SCOPE OF SERVICE 2.1 In addition to meeting the criteria set forth in Section 1 of this Agreement, the Provider agrees that each of the Licensed Peace Officers shall also meet the following criteria: 2.1.1. That each Licensed Peace Officer shall through experience, training, and physical fitness, be deemed by the Provider, capable of performing public safety and law enforcement duties for the Event; and Page 3 2.1.2 That each Licensed Peace Officer remains licensed throughout the term of this Agreement, and the Provider shall promptly notify the MPD should any Licensed Peace Officer no longer be a licensed officer and the Provider or shall recall any peace officer that is no longer licensed; and 2.1.3 That unless otherwise provided or requested by the MPD, each Licensed Peace Officer shall be equipped and/or supplied by Provider at Provider’s own expense, with a long-sleeve uniform shirt, tie, an external vest cover if a vest is worn, and equipment, including but not limited to service belts with Provider radio equipment, service weapon and personal soft ballistic body armor, and traffic vest. Additionally, in Provider’s discretion, personnel may be equipped with a cell phone that may be used to download a public safety application to aid in the tracking of law enforcement personnel during operational periods if allowed pursuant to Provider’s policy. 2.2 Provider acknowledges and agrees that at any time during the term of this Agreement the City has the sole discretion to decline to accept and/or use any of Provider’s Licensed Peace Officers or other law enforcement resources without cause or explanation. 2.3 The Provider agrees as follows: 2.3.1 As requested by MPD, Provider shall list information on each of Provider’s Licensed Peace Officers no later than on January 1, 2019, ninety (90) days before the Event that includes, but is not limited to, name, rank, agency, badge number, photo, cell phone number, and emergency contact information. Said information shall be used strictly for law enforcement purposes related to the Event and each Party will hold the data in the same classification as the other does under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”); and 2.3.2. That upon reasonable advance written notification from the MPD, each of Provider’s Licensed Peace Officers or other law enforcement resources so designated by the MPD shall participate in training activities related to Event security, that are coordinated or conducted by the MPD or its designee; and 2.3.3. That each Licensed Peace Officer shall be assigned by the MPD, as determined and required by the MPD, to any Event-related assignment based on the Licensed Peace Officer’s skill-set and known duty assignment as well as the needs of the operation; including, but not limited to, foot patrol, motorized patrol, static posts at outdoor perimeters, general security inside or outside venues, and traffic control; and Page 4 2.3.4. That Licensed Peace Officers participating in the Event may, if so determined by the MPD, be placed in an “On Assignment” status by MPD in which the Licensed Peace Officer should be located within his or her jurisdiction and able to physically report in a timely manner to such duty post assigned by the MPD and prepared to undertake the specific job task or responsibility assigned by the MPD; and 2.3.5. That at the request of the MPD, Provider will designate personnel that participated in or provided Event security to further participate in and/or provide information to and otherwise cooperate with the MPD in an y “after action activities” following the conclusion of a Training Session or actual Event security. “After action activities” may include, but not be limited to post Training Session meetings and revisions of Training protocols and post Event security meetings, evaluations, mediation or court proceedings. 2.4 Provider acknowledges and agrees that at all times during any required training session or during the Event each of Provider’s Licensed Peace Officers or other law enforcement resources and employees, regardless of rank or job title held as an employee of the Provider, shall be subject to a structure of supervision, command and control coordinated through a unified law enforcement command and following unified command principles and practices established throughout the law enforcement community (herein referred to as “Unified Command”). 2.5 The Provider agrees to exercise reasonable efforts to cooperate and provide the City, with any other information reasonably requested by the City that the City deems necessary to facilitate and enable compliance with the terms and conditions contained in this Agreement. 2.6 Event staffing levels will be determined by the MPD as the lead law enforcement agency and fiscal agent, in consultation with the Unified Command. Notwithstanding Section 2.4, the Provider retains the sole discretion for determining what Provider Licensed Peace Officer and other law enforcement resources will be deployed in its own jurisdiction for events not included under this Agreement and remain under the Provider’s own authority. The Provider’s Licensed Peace Officer and other law enforcement resources deployed in the Provider’s jurisdiction for events not included under this Agreement, will not be eligible for reimbursement of costs as provided in Section 4.2 of this Agreement. 2.7 The Provider will comply with the statutes and rules requiring the preservation of evidence including, but not limited to, Minnesota Statutes, Section 590.10 and Section 626.04. Each Provider must preserve all handwritten notes, photographs, incident reports, video recordings, statements, audio recordings, personal notes, interview audio, text messages, cell phone videos, removable electronic media, Page 5 squad car videos, any other video recordings, emails, voice mails, computer files and all Work Product, Supporting Documentation and Business Records as those terms are defined in Section 8.1 of this Agreement. 2.8 The MPD, as the lead law enforcement agency, will maintain a list of Licensed Peace Officers (LPOs) assigned to the Events. Each Provider will be responsible for providing accurate lists of its LPOs that will be assignable to the Events as a result of signing this Agreement. 3 CITY RESPONSIBILITIES 3.1 As provided in Article 4 of this Agreement, the City will be solely responsible for reimbursing each Provider for the costs for LPOs for personnel costs that occur within the term of the Event. 3.2 City agrees that it will provide or facilitate any necessary training to prepare for providing Event security. The substance of the training, if necessary; including the locations, dates, and times, shall be detailed in a separate writing provided from the MPD to the Provider. 3.3 The person responsible on behalf of the MPD for the daily operation, coordination and implementation of this Agreement, which responsibilities shall include, but not limited to, determining the assignments of the Provider’s law enforcement resources, shall be Minneapolis Police Department Commander Melissa Chiodo (hereinafter referred to as the “Coordinator”). All contacts or inquiries made by the Provider regarding this Agreement shall be made directly to the Coordinator or the Coordinator’s designee. 3.6 The City will develop and provide to each Provider an adequate supply of the standard incident report form to be used by the City and Providers that provide Services at the Event under the direction of the Unified Command. 3.7 The City will create and provide to each Provider, the “claims procedure” as indicated in Exhibit C hereto that will be used by third party claimants who file claims against the City or against any Provider 4. COMPENSATION AND PAYMENT PROCESS 4.1 The sole source of funds to reimburse each Provider performing under this Agreement shall be funds provided by the City. 4.2 For and in consideration of the Provider performing under this Agreement, the Provider will be reimbursed for said Services at the rates and in the manner as Page 6 indicated in attached Exhibit B. All of a Provider’s Licensed Peace Officers and other law enforcement resources that (a) perform law enforcement services within the Provider’s jurisdiction; and (b) are subject only to the Provider’s authority and are therefore not under the Unified Command, are not eligible to have Provider’s costs reimbursed pursuant to this Agreement. 4.3 The MPD will prepare and include in Exhibit B eligibility guidelines for cost reimbursement and a check list for the preparation and submission of the reimbursement request. Exhibit B will include a “Reimbursement Payment Form [To be developed by MPD at a later date] to be completed by the Provider along with the required support documents to be attached by the Provider. The MPD shall furnish the Provider with a statement which describes all applicable hours performed by the Provider during the term of the Agreement. The Provider shall submit the Reimbursement Payment Form to the MPD for all undisputed amounts within thirty-five (35) days after receipt of the statement of hours. 4.4 Provider may submit any questions regarding the cost reimbursement process to Robin McPherson or her designee at: robin.mcpherson@minneapolismn.gov. 4.5 For any disputed amounts, the Provider shall provide the MPD with written notice of the dispute, including the date, amount, and reasons for dispute within fifteen (15) days after receipt of the statement of hours. The MPD and Provider shall memorialize the resolution of the dispute in writing and follow the dispute resolution procedure in Section 13 of this Agreement. 5. TERM OF AGREEMENT 5.1 This Agreement shall be effective as of the date indicated on the first page so that the Parties can undertake planning for all Event-related activity and shall expire on May 30, 2019, or the date to which Provider law enforcement resources or Services are reimbursed for eligible costs, whichever is later, unless terminated earlier in accordance with the provisions in Section 6. Except for the provision of Training as discussed and to be scheduled pursuant to Section 3.3 of this Agreement, Services furnished by the Provider for the Event shall begin on April 1, 2019, and shall terminate on April 9, 2019, unless terminated sooner or extended in whole or in part as provided herein. 6. TERMINATION 6.1 Termination by the City-The City may terminate this Agreement upon providing to the Provider not less than forty-five (45) days advance written notice for any of the reasons stated below: Page 7 6.1.1 Cancellation of the NCAA Mens’ Basketball Semi-Final and Final Tournament; 6.1.2 Failure by the Provider to perform any material term under this Agreement and failure to cure the default within the time requested by the City. 6.2 Termination by the Provider-The Provider may terminate this Agreement upon providing to the City not less than forty-five (45) days advance written notice for any of the reasons stated below: 6.2.1 Cancellation of the NCAA Mens’ Basketball Semi-Final and Final Tournament; 6.2.2 Without cause prior to the initial training session; or 6.2.3 The City fails to assume liability for third-party claims as described in Section 9.1 of this Agreement. 6.3 In the event of a termination, each Party shall fully discharge all obligations owed to the other Party accruing prior to the date of such termination, and, except as otherwise provided herein, each Party shall be released from all obligations, which would otherwise accrue subsequent to the date of termination. 7. AGREEMENT MANAGEMENT 7.1 The Provider has identified the following person[s] as persons to contact regarding the following matters addressed in the Agreement: (List names) (List responsibilities) 8. WORK PRODUCTS, RECORDS, DISSEMINATION OF INFORMATION 8.1 For purposes of this Agreement, the following words and phrases shall have the meanings set forth in this section, except where the context clearly indicates that a different meaning is intended. “Work Product” shall mean any report, including the incident reports, and the recommendations, papers, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that are used or belong to MPD or results from Provider's Services under this Agreement. Page 8 “Supporting Documentation” shall mean any surveys, questionnaires, notes, research, papers, analyses, whether in written, electronic, or in other format and other evidences used to generate any, and all work performed and Work Products generated under this Agreement. “Business Records” shall mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other format, belonging to MPD or Provider and pertain to work performed under this Agreement. 8.2 Subject to applicable law, including but not limited to the Minnesota Official Records Act, Minnesota Statutes Section 15.17, and the MGDPA, all deliverable Work Product, Supporting Documentation and Business Records or copies thereof, that are needed from or result from the Provider's Services under this Agreement shall be delivered to the City either pursuant to this Agreement or upon reasonable request of the City and shall become the property of the City after delivery. 8.3 The City and the Provider each agrees not to release, transmit, disclose or otherwise disseminate information associated with or generated as a result of the work performed (i.e. Work Product, Supporting Documentation and Business Records) under this Agreement without notice to the other. Except as otherwise required by and subject to federal and/or state law, neither the City nor the Provider shall release, transmit, disclose or disseminate any Work Product, Supporting Documentation and Business Records which shall be classified as “security information”, “security service” or “security service data”, defined under Minnesota Statutes Sections 13.37 and 13.861 or any like data, as defined and/or required in all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards. 8.4 In the event of termination, all Work Product, Supporting Documentation and Business Records prepared by the Provider under this Agreement shall be delivered to the City by the Provider by the termination date. 8.5 Both the City and the Provider agree to maintain all Business Records in such a manner as will readily conform to the terms of this Agreement and to make such materials available at its office at all reasonable times during this Agreement period and for six (6) years from the date of the final payment under the contract for audit or inspection by the City, the Provider, the Auditor of the State of Minnesota, or other duly authorized representative. 8.6 Both the City and the Provider agree to abide strictly by the MGDPA and, in particular, Minnesota Statutes, Sections 13.05, Subd. 6 and 11; 13.37, Subd. 1(b), and Minnesota Statutes, Sections 138.17, and 15.17. All of the data created, collected, received, stored, used, maintained, or disseminated by the Provider or Page 9 the City in performing functions under this Agreement is subject to the requirements of the MGDPA and both the City and the Provider must comply with those requirements. If any provision of this Agreement is in conflict with the MGDPA or other Minnesota state laws, state law shall control. 9. INDEMNIFICATION; INSURANCE LIMITS OF LIABILITY; MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES 9.1 Limited Indemnity - The City agrees to defend and indemnify each Provider against all third-party claims brought or lawsuits filed in state or federal courts against the Provider or Provider’s Licensed Enforcement Officers for the death of, injury to, or damage to the person or property of a third person or persons, arising from the performance of duties and provision of assistance in responding to the City’s request for assistance pursuant to the terms of this Agreement. 9.1.1 The limits of liability for all occurrences (claims and lawsuits) including third-party claims and lawsuits for death, injury or damage or loss to the person or property during the coverage period is subject to the limits contained in Section 9.2 hereof. 9.1.2 Each Provider agrees to be bound by the terms and conditions contained in this Agreement. 9.1.3 Each Provider agrees that it will cooperate with the City by reasonably and timely responding to the City’s request and the request of legal counsel retained by the City for information or to appear at meetings or judicially mandated hearings. 9.2 Self-Insurance by City – The City is self-insured for third-party liability claims as authorized in Minnesota Statutes, Section 471.981. The City’s self-insurance program will provide coverage for claims or lawsuits that each Provider becomes legally obligated to pay as damages due to “death,” “personal injury,” or “property damage” suffered by third parties. Each Provider’s Law Enforcement Officers and supervisors under the Unified Command will be covered under the City’s self-insurance program. 9.2.1 Neither the City nor any Provider shall be required to pay on behalf of itself and other Parties, any amounts in excess of the limits on liability established in Minnesota Statutes, Chapter 466, applicable to any one Party, regardless of whether the claim or lawsuit is brought is state or federal court. The limits of liability for any, or all of the Parties to this Agreement may not be added together to determine the maximum amount of liability for any Party. The intent of the defense and indemnity provision and declaration of self-insurance is to eliminate conflicts among Page 10 Providers in the defense of claims and lawsuits and to permit liability claims among the City and multiple Providers from a single occurrence to be defended by a single attorney. 9.2.2 For the elimination of doubt, it is understood and agreed that the aggregate liability of the City and of each Provider that is a municipality, county or similar political subdivision shall be limited by the provisions of Minnesota Statutes Chapter 466 (Tort Liability, Political Subdivisions) and the liability of the State of Minnesota as a Provider shall be limited by the provisions of Minnesota Statutes, Section 3.736 and by other applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be construed to waive or amend any defense or immunity that either Party, its respective officials and employees, may have under said Chapter 466, Section 471.59 subd. 1a, and any common-law immunity or limitation of liability, all of which are hereby reserved by the Parties that have entered into this Agreement. 9.3 Provider Workers’ Compensation Insurance Required-Except as expressly provided herein, each Party shall be responsible for injuries or death of its own personnel. Each Party will maintain workers’ compensation insurance or self- insurance coverage, covering its own personnel while providing assistance pursuant to this Agreement. Except as expressly provided herein, each Party waives the right to sue any other Party for any workers’ compensation benefits paid to its own employee or volunteer or their dependents. 9.4 Provider Responsible for Own Equipment-Except as expressly provided herein, each Party shall be responsible for damages to or loss of its own equipment. Except as expressly provided herein, each Party waives the right to sue any other Party for any damages to, or loss of its equipment. 9.5 Provider Rendering First Aid-Except for immediate first aid rendered by a Provider at the scene of an accident or occurrence, no other medical assistance, expenses or aid administered by a Provider is covered under this Agreement. 10. INDEPENDENT CONTRACTORS Each Provider in its relationship with the City under this Agreement is an independent contractor. No Provider, its Licensed Peace Officers or other law enforcement resources shall be considered an employee of the City. The City, its Licensed Peace Officers or other law enforcement resources shall not be considered employees of the Provider. Page 11 11. SUBCONTRACTING The City and Provider agree that no Services will be subcontracted and agree not to enter into any subcontracts to provide any Services under this Agreement. 12. ASSIGNMENT Neither the City nor the Provider will assign or transfer any interest in this Agreement without the consent of the other Party. 13. DISPUTE RESOLUTION The City and the Provider each agree to cooperate and negotiate in good faith to resolve any disputes that arise regarding the terms of this Agreement and the performance of the Services. If good faith negotiations fail to resolve a dispute, then the Parties will use mediation services to attempt to resolve the dispute. The City and Provider will equally share the expense of the mediator. The Parties will select a mediator by each submitting three names in rank order of preference to the other Party. If there is no common name on each Party’s list, then a neutral, third party, law enforcement representative that is not a party to this Agreement will select a mediator for the Parties. If mediation fails to resolve a dispute between Parties, then the Parties will resolve the dispute through litigation. 14. AUDIT OF AGREEMENT RECORDS Pursuant to Minnesota Statutes, Section 16C.05, both the City’s and the Provider’s books, records, documents, and accounting procedures and practices with respect to any matter covered by this Agreement shall be made available to the State of Minnesota Office of the State Auditor upon written notice, at any time during normal business hours, for the purpose of auditing, examining or making excerpts or transcripts of relevant data. 15. AMENDMENT OR CHANGES TO AGREEMENT 15.1 Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the Parties hereto; after all appropriate and necessary authority has been acquired by each such Party. 15.2 Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term “Agreement” as used Page 12 herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. 16. NOTICES Except as otherwise stated in this Agreement, all notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: To City: To Provider: Melissa Chiodo Commander-Minneapolis Police Department 511 11th Avenue South Suite 401 Minneapolis, MN 55415 17. INTERPRETATION OF AGREEMENT This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. 18. ENTIRE AGREEMENT It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties hereto relating to the subject matters herein. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. The matters set forth in the “WHEREAS” clauses at the beginning of this Agreement are by this reference incorporated into and made a part of this Agreement. 19. MISCELLANEOUS PROVISIONS 19.1 The Parties intend that, with respect to the defense and indemnification provisions in Section 9 hereof, this Agreement may benefit or create rights or causes of action in or on behalf of any other agency providing services for the Event under a similar but separate agreement. Except for the foregoing, the Parties intend that this Agreement will not benefit or create any right or cause of action in or on behalf of any person or entity other than the Parties. Page 13 19.2 The Parties shall cooperate in achieving the objectives of this Agreement pursuant to Minnesota Statutes, Sections 15.51 through 15.57. 19.3 The Parties shall comply with all applicable federal, state, and local statutes, regulations, rules and ordinances currently in force or later enacted including but not limited to the MGDPA, Minnesota Statutes Section 471.425, subd. 4a, and as applicable, non-discrimination and affirmative action laws and policies. 19.4 If any provision of this Agreement is held invalid or unenforceable, such invalidity or unenforceability will not affect any other provision, and this Agreement will be construed and enforced as if such invalid or unenforceable provision had not been included. 19.5 Failure of a Party to enforce any provision of this Agreement does not affect the rights of the Parties to enforce such provision in another circumstance. Failure to enforce a provision does not affect the rights of the Parties to enforce any other provision of the Agreement at any time REMAINDER OF THIS PAGE IS BLANK Page 14 IN WITNESS WHEREOF, the parties hereto are authorized signatories and have executed this Agreement, the day and year first above written. CITY OF MINNEAPOLIS STATE/CITY/COUNTY OF By: ___________________________ By: __________________________ Its: Police Chief Its: Date: _________________________ Date: _________________________ Approval Recommended: Approval Recommended: By: ______________________________ By:______________________________ Its: Assistant City Attorney Its: By:______________________________ By:______________________________ Its: Purchasing Department Its: Page 15 EXHIBIT A – NCAA Mens’ Basketball Tournament Events Event Description Event Location and Availability 2019 Final Four US Bank Stadium (ticketed event) Fan Fest Minneapolis Convention Center (ticketed event) Basketball Dribble Nicollet Mall (free and open to public) Final Four Friday US Bank Stadium (teams’ practice, free and open to public) Coaches Convention Minneapolis Convention Center (restricted event) Music Fest Armory (ticketed event) Nicollet Mall Music Fest Nicollet Mall (free and open to public) Salute Orchestral Hall or Convention Center (restricted event) NCAA Hotels Select Downtown Minneapolis hotels Page 16 EXHIBIT B NCAA Mens’ Basketball Tournament Event Period Reimbursement Guidelines Reimbursement Period: 1. General Reimbursement Guidelines: a. The lead law enforcement agency, the City of Minneapolis Police Department, will serve as fiscal agent for purposes of this agreement. b. Reimbursement will be for activities that are staged in the City during the term of the Event and for all hours worked as “duty time” in direct support of the lead law enforcement agency, Minneapolis Police Department. c. Providers (Sending agencies) are expected to place provided law enforcement officers “on assignment” for actual hours worked during the event period and this assignment will be their normal assignment for that period. Personnel should not be expected to work the Event in addition to their normal job at their respective agency. d. Reimbursement will occur for personnel wage costs only at established straight time or overtime rates pursuant to Section 2, Established Hourly Reimbursement Rates, in this Exhibit B. These rates are all inclusive and will not be adjusted. e. Reimbursement will occur only for hours worked consistent with official operational plans approved by the core planning team and the lead law enforcement agency, MPD. f. There will be no reimbursement for non-personnel costs, backfill, pre-event training, equipment, and other expenses including but not limited to travel costs, fuel, mileage, per diem, etc. g. Reimbursement will occur only for state, county, and local law enforcement personnel participating in official Event security details. h. There will be no reimbursement for participation of law enforcement command level staff including but not limited to those in the ranks of Chief, Sheriff, Assistant Chief, Deputy Chief, Colonel, Major, Sr. Commander, Commander, Captain or other law enforcement officers working in a command position and/or in an exempt payroll status. i. Generally, participating law enforcement personnel will be expected to work a ten-hour shift daily during the event period (This may vary based on specific assignments). j. For reimbursement purposes, a law enforcement officer’s shift begins and ends when he/she checks in/out on site with the lead law enforcement agency. This will be tracked using an automated system provided by the lead law enforcement agency. Page 17 Law enforcement personnel will be notified of their daily and hourly schedule 30-60 days prior to the special event period subject to any changes that may occur. There will be no reimbursement for any changes to the schedule or for any scheduled off days during this period or for off hours where personnel are not actively assigned to an official special event detail. a. Sending agencies and personnel assigned to the Event must adhere to all lead law enforcement agency requirements in order to be eligible for reimbursement. b. Any variation from the above guidelines must be approved by the lead law enforcement agency, Minneapolis Police Department. 2. Established Hourly Reimbursement Rates: a. All hours reimbursed under the terms of Sections 3 and 4 of this Exhibit B, below will be paid at one of the following established hourly rates. These are set rates and will not be adjusted based on specific agency hourly rates. The rates are inclusive of all costs including both payroll and fringe. i. $84 per hour overtime rate. ii. $55 per hour straight time rate. 3. Specific Agency Reimbursement Guidelines: a. For law enforcement personnel working in areas where they have jurisdictional authority: i. Reimbursement will occur only for overtime hours worked as a result of established/approved operational plans and hours above and beyond that of their scheduled shifts for that day with approval of incident commander. ii. Sending agencies will be reimbursed for overtime hours worked under the Joint Powers Agreement, not to exceed 60% of the total hours worked by that agency at the established overtime rate as specified in Section 2 of this Exhibit B, above. iii. Sending agencies are expected to place provided law enforcement officers “on assignment” for the event period and this assignment will be their normal assignment for that period. Personnel should not be expected to work the Event in addition to their normal job at their respective agency. b. For law enforcement personnel working in areas where they do not have jurisdictional authority: i. Reimbursement will occur for all hours worked to include straight time and overtime at the established rates as specified in Section 2 of this Exhibit B, above however reimbursement for overtime hours worked under this Joint Powers Agreement which will not exceed 60% of the total hours worked by that agency. Page 18 ii. Sending agencies are expected to place provided law enforcement officers “on assignment” for the event period and this assignment will be their normal assignment for that period. Personnel should not be expected to work the event week in addition to their normal job at their respective agency. 4. Reimbursement Process: Within 45 days after the special event period, the lead law enforcement agency, MPD will provide the sending agency with a report outlining hours worked for all personnel for that agency. a. Sending agency will review the personnel report for accuracy and outline which hours constituted straight time versus overtime and submit an invoice with support documentation to the lead law enforcement agency. b. The lead law enforcement agency will review the invoice and support documentation, and work with the sending agency on addressing any discrepancies. c. The lead law enforcement agency will issue reimbursement to the sending agency consistent with the guidelines established in this agreement within 45 days of receiving an invoice and the requested support documentation. Invoices should be sent to: MPD Finance Director C/O Robin McPherson 350 South 5th Street, Room 130 Minneapolis, MN. 55415 Page 19 EXHIBIT C CLAIMS PROCEDURE FOR CLAIMS BROUGHT AS A RESULT OF LAW ENFORCEMENT AND SECURITY SERVICES 1. The City will develop a “uniform claim form” (the “Form”). 2. The City will establish a committee composed of _________________________ to review each Form submitted by third parties alleging injuries or property damage due to law enforcement activities that occurred during the Event (each completed Form a “Claim”). 3. The committee established to conduct the preliminary review of the Claim Forms (“Claims Committee”) will consist of at least the following members: A Provider representative for claims filed against the Provider’s Licensed Police Officers; and (a) A Representative of the City of Minneapolis. The Claims Committee may also include other Provider representatives as determined by the three (3) required Claims Committee members. 4. After making a preliminary determination as to the validity of a Claim, the Claims Committee will forward each Form to the City. 5. The City, acting through its City Council committee for receipt and review of claims, will determine whether to accept or deny each Claim forwarded by the Claims Committee. 6. The municipal tort cap of $1.5 million will be the dollar limit for claims filed against law enforcement agencies relative to the Event. Executive Summary For Action Golden Valley City Council Meeting February 19, 2019 Agenda Item 4. A. Public Hearing - Ordinance 655 - Amending the Zoning Code to Regulate Firearm Sales Prepared By Jason Zimmerman, Planning Manager Summary At Council/Manager meetings on August 15 and November 13, 2018, the City Council discussed firearm regulations with the City Attorney and the Police Chief and asked staff to investigate potential zoning regulations that could restrict future firearm sales in Golden Valley. Based on investigations of the zoning codes of other metro cities and in consultation with the City Attorney and Police Chief, staff is proposing to amend the zoning code to create restrictions for firearm sales based on distances from other specified uses as well as to develop other regulations. The suggested changes to the zoning code include: • Prohibiting the sale or repair of firearms in the Commercial Zoning District • Permitting the sale or repair of firearms in the Light Industrial and Industrial Zoning Districts with a number of restrictions: o Requiring a large buffer (separation distance) from Institutional-zoned properties o Requiring a medium buffer from Residential-zoned properties o Requiring a large buffer from some conditional uses where large concentrations of children or other groups gather o Requiring a distance of 1,000 feet between facilities that sell firearms o Ensuring all federal and state security standards are followed o Regulating window displays and window transparencies o Prohibiting in-vehicle or trailer sales or repair of firearms • Prohibiting firing ranges throughout the city The zoning code currently includes: • Prohibition on the sale or repair of firearms as a Home Occupation The Planning Commission discussed firearm sales regulations on December 10, 2018, and January 14, 2019, and recommended approval of the changes on January 28, 2019. However, it did not put forth a consensus recommendation as to the buffer distances to be established. While there was unanimous agreement (six of six Commissioners) that the buffers in Scenario B were acceptable, four of six Commissioners felt the buffers in Scenario C (the largest buffers) were acceptable and only one of six Commissioners felt the buffers in Scenario A (the smallest buffers) were acceptable. The Commission preferred this information be shared with the City Council and that it make the final determination of what should be considered “reasonable” regulations. Background As explained by the City Attorney, State law limits the ability of local municipalities to regulate firearms beyond what is included in State statute. One exception is the ability to legislate the location of businesses where firearms are sold if the regulations are reasonable, nondiscriminatory, and nonarbitrary. Many of the regulations used by other cities in the metro area can be categorized as either dealing with separation (prohibiting the establishment of a use within a specified distance of certain zoning districts or other uses), the security of the facility, or site requirements. In contemplating possible regulations for firearm sales, staff looked at the current regulation of sexually oriented businesses within the City’s zoning code for comparable separation requirements. In this case, Golden Valley uses a buffer of 500 feet for all of the separation distances (see table below). Sexually oriented businesses are permitted uses in the Light Industrial and Industrial zoning districts. Golden Valley Sexually Oriented Business Buffer Requirements Distance from Buffer Another sexually oriented business 500 feet Institutional zoning district or Institutional zoning district in an adjoining city 500 feet Residential zoning district or Residential zoning district in an adjoining city 500 feet Conditional uses in a Light Industrial or Industrial zoning district: • Ball fields and other recreational facilities • Child care centers • Health, fitness and/or exercise facilities • Trade schools or training centers 500 feet Analysis The Planning Commission discussed and ultimately recommended no longer allowing firearm sales as a permitted use in the Commercial zoning district, but instead moving it to the Light Industrial and Industrial zoning districts. The justification for this change is that Commercial areas are more likely to have a greater population density, whether through employees or customers entering and exiting buildings as well as using the streets and sidewalks in front of commercial businesses. Light Industrial and Industrial areas, in contrast, typically have larger lots and fewer visits by customers, thereby creating a lower population density in those areas. If an incident involving a firearm were to occur, a lower population density would potentially help limit the number of individuals involved. Similarly, the Planning Commission decided to prioritize the separation of vulnerable populations (children in schools, those using places of worship, park users, etc.) from firearm sales facilities by recommending the City establish large buffers around Institutional-zoned properties (or Mixed Use properties that allow Institutional uses) and prohibit firearm sales facilities from locating there. The Commission felt that a second priority in terms of separation was to buffer a slightly lesser distance from Residential properties (or Mixed Use properties that allow Residential uses). This two tiered system of separation is one that is used in some other metro area cities. Because there are a handful of uses allowed in the Light Industrial and Industrial zoning districts that are more institutional or recreational in nature (ball fields, child care centers, trade schools, etc.), staff recommends a larger buffer be added around those as well, similar to the distance requirements already established in the zoning code for sexually oriented businesses. Finally, staff is recommending there be a minimum distance of 1,000 feet between any two firearm sales facilities, similar to some other metro area cities. Firearm Sales Buffer Requirements in Other Cities City Distance from Institutional uses Distance from Residential uses Distance from another firearm facility Minneapolis 500 feet 250 feet -- Richfield 300 feet 100 feet 1,000 feet St. Louis Park 350 feet 350 feet -- Bloomington 250 feet 250 feet 1,000 feet After much discussion with the Planning Commission, staff generated three different sets of large/medium buffers and mapped each (see attachments): Map Distance from Institutional uses Distance from Residential uses Scenario A 500 feet 250 feet Scenario B 750 feet 375 feet Scenario C 1,000 feet 500 feet It was agreed that the methodology for creating the buffers was nondiscriminatory and nonarbitrary. As the results of the buffering were analyzed, the Commission attempted to determine which, if any, of the scenarios were also “reasonable” in their restrictions. Scenario A left 18 full properties and 63 partial properties where firearm sales could occur. Five of six Commissioners felt this was not a reasonable outcome because it provided too many locations and was not restrictive enough. Scenario B left 11 full properties and 42 partial properties where firearm sales could occur. All six of the Commissioners felt this was a reasonable outcome as it provided a variety of locations for firearm sales while still limiting the world of possibilities. Scenario C left 6 full properties and 17 partial properties where firearm sales could occur. Four of six Commissioners felt this was a reasonable outcome; two felt it was too restrictive. Further analysis by staff determined that of the 6 full properties, 4 are owned by LubeTech and are unlikely to become available in the foreseeable future. Of the 2 remaining full properties, one currently provides required parking for the adjacent lot and so is also not likely to be available for development. Of the 17 partial properties, 5 are located within major campuses such as General Mills (James Ford Bell property), Honeywell, CenterPoint, or Tennant Company. A handful of additional partial properties are too small to be utilized for firearm sales. Based on this additional information, staff believes the restrictions of Scenario C are not reasonable and therefore recommends that the City Council consider adopting the buffer distances provided under Scenario B (see table below). Proposed Golden Valley Firearm Sales Buffer Requirements Distance from Buffer Another firearm facility 1,000 feet Institutional zoning district, Mixed Use zoning district that allows Institutional uses, or Institutional zoning district in an adjoining city 750 feet Residential zoning district, Mixed Use zoning district that allows Residential uses, or Residential zoning district in an adjoining city 375 feet Conditional uses in a Light Industrial or Industrial zoning district: • Ball fields and other recreational facilities • Child care centers • Health, fitness and/or exercise facilities • Trade schools or training centers • Adult day care centers 750 feet State regulations require that firearm sales facilities follow various security standards, including how firearms are stored and secured as well as requirements for electronic security (alarms and monitoring). Staff recommends the zoning code reference these requirements as they are currently listed in Minnesota Statute and detailed in Minnesota Administrative Rules (see attached documentation). In looking at site specific requirements applied in other communities, the Planning Commission was interested in restricting sales from taking place in trailers or other non-permanent buildings and in limiting the display of firearms and ammunition in the windows of any facility. Staff consulted with the Police Chief who generally agreed that these measures should be required. In addition, staff is recommending that windows on any facility be transparent and views into the interior of the building be uninterrupted in order to maintain visibility for public safety officials. Similar to many other neighboring communities, the Planning Commission recommends that firing ranges be listed as a prohibited use in all zoning districts in Golden Valley, citing questions regarding site security and the ability of businesses to be able to effectively police their customers. Summary Staff is recommending changes to the zoning code that move sales and repair of firearms from the Commercial zoning district – where it was unrestricted – to the Light Industrial and Industrial zoning districts where it will be subject to a number of restrictions around separation, security, and other site regulations. In addition, staff is recommending firing ranges be designated a prohibited use in the city. Attachments • Memo to Planning Commission dated January 28, 2019 (3 pages) • Planning Commission Minutes dated January 28, 2019 (4 pages) • Maps of Firearm Sales Regulation Scenarios (3 pages) • 2018 Minnesota Statute § 624.7161 (1 page) • Minnesota Administrative Rules Chapter 7504 (5 pages) • Sections 113-92, 113-93, and 113-94, Underlined/Overstruck (2 pages) • Ordinance #655, amending Sections 113-92, 113-93, and 113-94 of the Zoning Code (2 pages) Recommended Action Motion to adopt Ordinance #655, amending Sections 113-92, 113-93, and 113-94 of the Zoning Code. Cit0 go lden MEMORANDUM Department Physical Development De valley Y P P 763-593-8095/763-593-8109(fax) Date: January 28, 2019 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing—Zoning Code Text Amendment—Amending the Zoning Code to Regulate Firearm Sales Summary The City Council has asked staff to bring forward new regulations that would limit the possible locations for firearm sales within the city. Based on investigations of the zoning codes of other metro cities and in consultation with the City Attorney and Police Chief, staff is proposing to amend the zoning code to create restrictions for firearm sales based on distances from other specified uses as well as develop other regulations. Background At a Council/Manager meeting on August 15, 2018, the City Council discussed firearm regulations with the City Attorney and the Police Chief and asked staff to investigate potential zoning regulations that could restrict future firearm sales in Golden Valley. As explained by the City Attorney at that meeting, State law limits the ability of local municipalities to regulate firearms beyond what is included in State statute. One exception is the ability to legislate the location of businesses where firearms are sold if the regulations are reasonable, nondiscriminatory, and nonarbitrary. On December 10, the Planning Commission discussed possible regulations and debated how best to prioritize potential restrictions. The Commission felt that restricting firearm sales near schools, community centers, parks, and religious facilities was the highest priority, with restrictions around residential zoning districts being a close second. They also felt that a minimum distance should be required between the locations of any two sales facilities. Finally, they contemplated allowing firearm sales in Light Industrial and Industrial zoning districts rather than in Commercial zoning districts. 1 On January 14, the Planning Commission evaluated maps provided by staff and determined that sales in Light Industrial and Industrial zoning districts was preferred, as the population density in those areas (the number of employees, customers, etc.) would generally be less compared to the population density in Commercial zoning districts. Additional safety and site regulations, including the prohibition of commercial firing ranges in the City, were discussed. Proposed Regulations Staff is proposing new regulations that address the separation of firearm sales facilities from other uses, the security of firearm sales buildings, and site requirements. Separation Consistent with regulations in many adjacent communities, firearm sales facilities may be required to remain separated from other uses or zoning districts by a buffer of a pre-determined size. The Planning Commission determined that the largest buffer should be created around those uses where vulnerable populations would most likely gather—namely schools, parks, libraries, religious facilities, and community centers. These uses are located in the City's Institutional zoning districts. After evaluating a number of buffer sizes with the Planning Commission, staff is recommending that firearm sales be located a minimum of 750 feet from any Institutional zoning district or a Mixed Use zoning district in which Institutional uses are allowed. The Planning Commission determined that the second largest buffer should be created around Residential zoning districts in order to provide protection for families. After evaluating a number of buffer sizes, staff is recommending that firearms sales be located a minimum of 375 feet from any Residential zoning district or a Mixed Use zoning district in which Residential uses are allowed. To demonstrate these buffers and the areas where future firearm sales facilities could potentially locate, staff has provided a set of three maps displaying buffers of 500/250 feet, 750/375 feet, and 1000/500 feet (see attachments). All scenarios use the Future Land Use Map as a base map in order to best approximate future zoning designations after the adoption of the 2040 Comprehensive Plan and subsequent rezonings. Finally, staff recommends there be a minimum of 1,000 feet between any two sales facilities. Security State regulations require firearm sales facilities follow various security standards, including how firearms are stored and secured as well as requirements for electronic security (alarms and monitoring). Staff recommends the Zoning Code reference these requirements as they are currently listed in Minnesota Statute and detailed in Minnesota Administrative Rules (see attached documentation). Site Requirements In looking at site specific requirements applied in other communities, the Planning Commission was interested in restricting sales from taking place in trailers or other non-permanent buildings 2 and in limiting the display of firearms and ammunition in the windows of any facility. Staff consulted with the Police Chief who generally agreed that these measures should be required. In addition, staff is recommending that windows on any facility be transparent and views into the interior of the building be uninterrupted in order to maintain visibility for public safety officials. Summary of Recommendations Staff recommends amending Sections 113-92, 113-93, and 113-94 of the Zoning Code. Section 113-92 would be amended to prohibit firearm sales in the Commercial zoning district (where they are currently allowed). Additionally, firing ranges—which could conceivably be allowed in the current zoning code as a "recreational facility" —would be prohibited. Section 113-93 would be amended to include firearm sales as a restricted use in the Light Industrial zoning district and would establish the following requirements: a. The facility shall be located not less than 750 feet from any property zoned Institutional or any property zoned Mixed Use that allows Institutional uses. b. The facility shall be located not less than 375 feet from any property zoned Residential or any property zoned Mixed Use that allows Residential uses. c. The facility shall be located not less than 1,000 feet from another firearm sales facility. d. All facilities shall meet applicable federal and state security standards including, but not limited to, Minn. Stats. § 624.7161 and Minnesota Rules Chapter 7504 as amended from time to time. e. No firearms or ammunition shall be displayed in windows. Windows must be of clear, transparent glass and be free of obstructions for at least three feet into the facility. f. In-vehicle sales or services are prohibited and no firearm-related uses shall be allowed in a trailer or other nonpermanent building. In the case of a multi-use building, distances from the firearm sales facility shall be measured from the portion of the structure occupied by the facility. Section 113-94 would be amended to include firearm sales as a restricted use in the Industrial zoning district and would include the same list of requirements by reference. Attachments Minutes from the Planning Commission meeting of January 14, 2019 (4 pages) 2018 Minnesota Statute § 624.7161 (1 page) Minnesota Administrative Rules Chapter 7504 (5 pages) Draft Code Language for Sec. 113-92, 112-93, and 113-94, Underlined Overstruck (1 page) Firearm Sales Maps (3 pages) 3 Regular Meeting of the Golden Valley Planning Commission January 28, 2019 regular meeting of the Plannin Commission was held at the Golden Valley City Hall, I Chambers, 7800 Golde alley Road, Golden Valley, Minnesota, on Monday, January 019. Chair Baker c Iled the meeting to order at Those present wer nning Co missioners , Blum, Brookins, Johnson, Pockl, and Segelbaum. Also pr t we Plan anager Jason Zimmerman and Administrative Assistant Lisa 1. Approval of Minu January , 019, Regular lanning Commiss eeting MOV y Johnson, seconded Blum and motion carried un usly to approve the J ary 14, 2019, minutes as s miffed. 2. Public Hearing —Zoning Code Text Amendment— Firearm Sales —Z000-117 Applicant: City of Golden Valley Purpose: To amend the Zoning Code to regulate the sale of firearms Zimmerman stated that the Planning Commission has been asked to consider new zoning regulations for the sale of firearms and reminded the Commission that this item has been discussed at the August 15 and November 13 Council/Manager and the December 10 and January 14 Planning Commission meetings. Zimmerman explained that State law limits the ability of local municipalities to regulate firearms beyond State statute but cities can legislate the location of firearm sales and some site specific items within reason. He added that the regulations must be reasonable, nondiscriminatory, and nonarbitrary and that staff is recommending developing regulations that address the separation of firearm sales from other uses, the security of firearm sales buildings, and site requirements. Zimmerman referred to the current City Code and noted that firearm sales are prohibited as a home occupation but they are allowed in the Commercial Zoning District and are treated like any other retail sales use. He noted that in past discussions the Commission discussed shifting firearm sales to the Light Industrial and Industrial Zoning Districts in an effort to move the point of sale further away from concentrations of vulnerable populations. Zimmerman discussed some of the separation requirements of other metro area cities including: separation of sales from residentially zoned properties, schools, religious institutions, libraries, parks, governmental buildings, and community centers. He reminded the Commission that their discussions included having two tiers of separation. Minutes of the Golden Valley Planning Commission January 28, 2019 Page 2 Tier 1 which would require a greater distance between sales and places where vulnerable populations would most likely gather and Tier 2 which would require a lesser distance between firearm sales and residentially zoned properties. He added that the proposed new Code language would also require 1,000 feet of distance between any two firearm sales locations. Zimmerman showed the Commission maps that illustrated different tier 1 and tier 2 distance scenarios and said staff feels that the scenario showing a tier 1 distance of 1,000 feet and a tier 2 distance of 500 feet seems almost unreasonable, so staff is recommending using the scenario showing a tier 1 distance of 750 and a tier 2 distance of 375 feet because it seems more reasonable. Baker asked why staff feels that 1,000 foot buffer seems unreasonable. Zimmerman said there would only be a total of four or five locations left in the City for selling firearms if the larger buffer area was selected so a smaller buffer seemed more reasonable. Zimmerman discussed some additional restrictions that have been considered such as security and site requirements including where and how in the building firearms can be stored, the storage of ammunition, the requirements around alarm systems, limits on window displays, and limiting sales to a permanent building as opposed to trailers or other in-vehicle sales. Zimmerman highlighted some the proposed Zoning Code text changes which include adding firearm sales and firing ranges as prohibited uses in the Commercial Zoning District, and adding firearm sales with the recommended distances from other uses in the Light Industrial Zoning District and Industrial Zoning District as restricted uses. Zimmerman noted that the current Zoning Code doesn't list many prohibited or restricted uses and explained the Zoning Code structure which lists principal uses that are permitted by right, accessory uses which are secondary uses permitted by right, restricted uses which are permitted by right, but must follow specific restrictions listed in the Zoning Code, conditional uses which are permitted uses but the City reviews them and retains the ability to establish conditions that mitigate impacts to neighboring properties, and prohibited uses which are uses that are not allowed. Baker asked for some examples of restricted uses. Zimmerman explained that a restricted use may limit the size of a use or distances from other uses such as a bar or restaurant. Segelbaum referred to the maps of the buffer areas and asked if an applicant would be able to ask for a variance from the buffer requirements. Zimmerman said no because variances are not allowed in regard to use. Pockl questioned if the sale of firearms should be specifically listed as a prohibited use in the residential zoning districts or if that wasn't necessary because of the proposed residential buffer areas. Zimmerman said he doesn't think that is necessary and that it was only called out in the Commercial Zoning District language because other retail sales are allowed in that zoning district. Segelbaum asked if that would be the same for firing ranges because those would only be allowed as a recreational use in certain zoning districts. Zimmerman agreed. Minutes of the Golden Valley Planning Commission January 28, 2019 Page 3 Baker questioned how to make it clear that firearm uses aren't allowed in the Institutional Zoning Districts and used a school that wanted to do trap shooting as an example. Zimmerman stated that there are other sections of the City Code that deal with the discharge of firearms. Johnson asked about firearm service in additional to sales. Zimmerman said the word "service" could be added anywhere the word "sales" is used. Baker opened the public hearing. Seeing and hearing no one wishing to comment, Baker closed the public hearing. Segelbaum questioned if more prohibited uses should be listed in the Light Industrial and Industrial Zoning Districts unless staff thinks there is a loophole in the language. Baker suggested that issue be reviewed with the City Attorney. Baker asked the Commissioners how they felt about using scenario 6 which is a 750- foot tier 1 buffer and a 375-foot tier 2 buffer. Johnson referred to the map and said there would be approximately seven areas where firearms could be sold and in a couple of those areas it is highly unlikely so he thinks they should be sensitive to what properties and businesses are in those areas. Baker noted that there are approximately 11 properties. Baker referred to scenario 5 which shows a 1,000-foot tier 1 buffer and 500-foot tier 2 buffer and said there would be five or six properties available properties with this scenario. Zimmerman noted that two or three properties shown is this scenario might be owned by LubeTech and probably won't change for some time. Segelbaum referred to the State Statute and said he thinks thus far they've been nonarbitrary and nondiscriminatory, but he is not sure how "reasonable" is defined. Baker stated that an extreme view of reasonable would be that as long as there is one location for firearm sales it is reasonable and that allowing none would be unreasonable. Segelbaum noted that the City Council will also be examining what is reasonable. He asked Zimmerman about the City Attorney's opinion. Zimmerman stated that there isn't a lot of clarity around what is reasonable and that the City should be able to defend the rationale behind what is adopted and base its definition of reasonable on something rather than arbitrarily picking numbers. Blum said he thinks any of the scenarios they've been discussing allow for multiple properties where firearm sales could locate and that none of the maps are overly restrictive. He said he thinks they've given their basis for reasonableness which are on record from their prior two meetings and that the staff report also summarizes a lot of those reasons. Zimmerman asked the Commissioners if any of them feel that any of the scenarios shown aren't reasonable. Segelbaum said scenario 2 (500 feet/250 feet) is the least restrictive and is not reasonable when he considers the areas they are trying to protect. Minutes of the Golden Valley Planning Commission January 28, 2019 Page 4 He said scenario 5 (1,000 feet/500 feet) and scenario 6 (750 feet/375 feet) seem more reasonable. Blum agreed and said the more restrictive scenarios are more likely to accomplish their goals and still be reasonable. Johnson agreed. Pockl said she agrees more with the scenarios that are more restrictive. She said she thinks they've done a good job of being nondiscriminatory and nonarbitrary and have described how they've gotten to the point of making a decision as to the populations and areas they want to protect. She said there is a good amount of space shown on the maps in scenarios 5 and 6 that would allow for firearm sales which is another indication of reasonableness. Brookins said he agrees that scenario 6 (750 feet/375 feet) does a nice job of protecting the populations they've discussed while still allowing the sale of firearms. Baker summarized that he feels that the Commission would like to state that they support all of the recommendations made by staff and that they have a slight differing of opinion between scenarios 5 and 6. Johnson suggested that they take a vote regarding preference between all three proposed scenarios. Baker said he would like it noted that all of the Commissioners find scenario 6 acceptable. Segelbaum suggested voting on if the Commissioners find each scenario reasonable. Baker asked the Commissioners if scenario 2 (500 feet/250 feet) is reasonable. Commissioner Johnson said yes. Baker asked the Commissioners if scenario 6 (750 feet/375 feet) is reasonable. All of the Commissioners (Baker, Blum, Brookins, Johnson, Pockl, and Segelbaum) said yes. Baker asked the Commissioners if scenario 5 (1,000 feet/500 feet) is reasonable. Commissioners Baker, Blum, Pockl, and Segelbaum said yes. Commissioners Brookins and Johnson said no. MOVED by Segelbaum, seconded by Johnson and motion carried unanimously to recommend approval of staff's proposed Zoning Code language that regulates the sale of firearms and adopt staff's findings for reasons as to why the recommendations are nondiscriminatory, nonarbitrary, and reasonable including the vote above taken by the Commission. Brookins noted that the words "or service" should be added anywhere "sales" is mentioned. Blum questioned if the word "firearm" should be defined. Baker suggested that question be referred to the City Attorney. --Short Recess-- 3. orts on Meetin s of the Housing and edevelopment Authority, City Co Board of ning Appeal other Meetings Zimmerman stated ral and materials standards will be discussed at the next two Plannin eetings. 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I r �m >� � xxrr,. .,^ ; Y „„r,...ti ,. ”.„...x.• e � AT 5 x°xr••„�+r«,x..,..._ , v«„e. \\I // .�m,�v x+,r v...,„w uv c x.rnxrx+wv xmvwmi row sr,g A� v.un �/ �a x.,v.,....s ..r.m.. X # x..a�e•• J r r iv,ur�;� /I .r rx yr i r nxxum xv,v nn—a � � x•,rnn m e s,r vv wenn � xmr,n«xw i '; umvnxrxsx x w ^� �,� NOW ,r. s ».r mx^ ; r r.n v•4 ° Ix?,4ak \\I Ow I \ � .n.,vv> � ..r"nv.x» ; P e J q x..e•...� fi--, m o \vII I noJAI xld 10 x1.IJ --�� H.1.n0 VJl7d `4mvi RI.`Ic)'I'.Is ——————————— _ / o ^_ \ / \\ d0 A.LIJ // IU 11.1J \\ / \ ii/ F�U� 2018 Minnesota Statutes 624.7161 FIREARMS DEALERS; CERTAIN SECURITY MEASURES REQUIRED. Subdivision 1.Definitions. (a) For purposes of this section, the following terms have the meanings given. (b) "Firearms dealer" means a dealer federally licensed to sell pistols who operates a retail business in which pistols are sold from a permanent business location other than the dealer's home. (c) "Small firearms dealer" means a firearms dealer who operates a retail business at which no more than 50 pistols are displayed for sale at any time. (d) "Large firearms dealer" means a firearms dealer who operates a retail business at which more than 50 pistols are displayed for sale at any time. Subd. 2.Security measures required. After business hours when the dealer's place of business is unattended, a small firearms dealer shall place all pistols that are located in the dealer's place of business in a locked safe or locked steel gun cabinet, or on a locked, hardened steel rod or cable that runs through the pistol's trigger guards. The safe, gun cabinet, rod, or cable must be anchored to prevent its removal from the premises. Subd. 3.Security standards. The commissioner shall adopt standards specifying minimum security requirements for small and large firearms dealers. By January 1, 1993, all firearms dealers shall comply with the standards. The standards may provide for: (1) alarm systems for small and large firearms dealers; (2) site hardening and other necessary and effective security measures required for large firearms dealers; (3) a system of inspections, during normal business hours, by local law enforcement officials for compliance with the standards; and (4) other reasonable requirements necessary and effective to reduce the risk of burglaries at firearms dealers' business establishments. Minnesota Administrative Rules 7504.0100 DEFINITIONS. Subpart 1. Scope. For purposes of this chapter, the terms in subparts 2 to 6 have the meanings given them. Subp. 2. Firearms dealer. "Firearms dealer" means a dealer federally licensed to sell pistols who operates a retail business in which pistols are sold from a permanent business location other than the dealer's home. For the purposes of this chapter, a dealer's home does not include the following: A. a building located on property that is zoned commercial; B. a business location where the square footage used for the business of selling firearms exceeds the square footage used for the dealer's residence; or C. a building located on the same property as the dealer's home that is not attached to the dealer's home. Subp. 3. Small firearms dealer. "Small firearms dealer" means a firearms dealer who operates a retail business at which no more than 50 pistols are displayed for sale at any time. Subp. 4. Large firearms dealer. "Large firearms dealer" means a firearms dealer who operates a retail business at which more than 50 pistols are displayed for sale at any time. Subp. 5. Pistol. "Pistol" includes a weapon designed to be fired by the use of a single hand and with an overall length less than 26 inches, or having a barrel or barrels of a length less than 18 inches in the case of a shotgun or having a barrel of a length less than 16 inches in the case of a rifle (1) from which may be fired or ejected one or more solid projectiles by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances; or(2) for which the propelling force is a spring, elastic band, carbon dioxide, air or other gas, or vapor. Pistol does not include a device firing or ejecting a shot measuring .18 of an inch or less in diameter and commonly known as a BB gun, a scuba gun, a stud gun or nail gun used in the construction industry, or children's pop guns or toys. Subp. 6. Displayed for sale. "Displayed for sale" means a pistol available for sale to customers that is either displayed or stored at the dealer's place of business. This does not include pistols temporarily stored at the place of business for repair or servicing. 7504.0200 SECURITY MEASURES FOR SMALL FIREARMS DEALERS. After business hours when the dealer's place of business is unattended, a small firearms dealer shall place all pistols that are located in the dealer's place of business in a locked safe or locked steel gun cabinet, or on a locked, hardened steel rod or cable that runs through the pistols'trigger guards. A. The door to a safe must be recessed or flush and made of at least seven gauge steel. The body of a safe must be made of hot rolled steel of at least 12 gauge thickness. A safe must have an Underwriters Laboratory (UL) listed Group 2 combination lock. B. A rod or cable used to secure a pistol must be hardened steel. The rod or cable must be at least one-fourth inch in diameter. The rod or cable must be secured with a hardened steel lock which has a shackle that is protected or shielded from attack by a bolt cutter. C. No more than five pistols may be affixed to any one rod or cable. D. The safe, gun cabinet, rod, or cable must be anchored to prevent its removal from the premises. E. The door to a gun cabinet must be made of at least 14 gauge steel. The door may be recessed, flush, or overlapping. If the door is flush or overlapping, it must be designed to conceal the location of the locking bolts and hinges from the outside of the cabinet. The door must be reinforced and must be attached to the body by one continuous hinge or at least two hinges that are located either inside or outside the body. If the hinges are located outside the body of the safe, the safe must have an interior locking system consisting of permanent or moveable locking pins, securing the door from the inside when it is in the closed position. The body of a gun cabinet must be made of hot rolled steel of at least 14 gauge thickness, and must be continuously welded to create a single, solid structure. A gun cabinet must have either a UL-listed group two combination lock or a UL-listed key lock that is encased in a high security, drill-resistant lock body. A key lock must use a restricted key that can only be duplicated by a factory-authorized source. 7504.0300 SECURITY MEASURES FOR LARGE FIREARMS DEALERS. A large firearms dealer shall comply with the requirements of items A to H or the requirements of part 7504.0200, items A to D, except that a large firearms dealer shall not use a gun cabinet. A. The dealer shall install vehicle-resistant barriers to prevent the penetration of the dealer's place of business by a motor vehicle. The barriers must protect any areas that are accessible to vehicles and that have a free run distance of 50 feet or more. B. The dealer shall secure each perimeter doorway according to subitem (1), (2), or(3). (1) The dealer may use a windowless steel security door equipped with both a dead bolt and a doorknob lock. (2) The dealer may use a windowed metal door that is equipped with both a dead bolt and a doorknob lock. The window must be made of one-half inch polycarbonate or glass reinforced with metal mesh. If the window has an opening of five inches or more measured in any direction, then the window must be covered with steel bars or metal grating affixed to the interior of the door. (3) The dealer may use a metal grate that is padlocked and affixed to the premises independent of the door and door frame. C. A dealer shall cover all windows with steel bars that are anchored internally to the wall joists. D. A dealer shall secure a room where pistols are stored after hours with a locked steel door or metal grating. E. A dealer shall not display pistols within four feet of a window unless the window is covered by metal screen that is anchored internally to the wall joists. F. A dealer shall secure heating, ventilating, air conditioning, and service openings with steel bars, metal grating, or an alarm system as described in part 7504.0400. G. A dealer shall illuminate each perimeter doorway so that the doorway is clearly visible after dark from a distance of 100 feet. H. Metal grates and grating must have spaces no larger than six inches wide along any diagonal. Metal screen must have spaces no larger than three inches wide along any diagonal. Steel bars must be no more than six inches apart on center. 7504.0400 ELECTRONIC SECURITY FOR ALL FIREARMS DEALERS. A firearms dealer shall install and maintain an electronic security system that meets the requirements of items A to I. A. The system must emit an audible alarm at the dealer's place of business when triggered. B. The system must transmit a silent alarm when triggered. The silent alarm must be transmitted directly to a public safety answering point where this service is available. If no local public safety answering point provides an alarm-monitoring service,the silent alarm must automatically transmit a violation signal to a UL- approved monitoring station that must notify an appropriate law enforcement agency within two minutes of receiving the violation signal. C. A large firearms dealer's system must include a backup silent alarm that transmits the alarm as provided in item B if the primary transmission system fails. D. The system must include a line cut alarm unless the incoming phone lines are hardened by routing them through underground conduit or similar protective barrier. The line cut alarm must be triggered when the phone line is cut, and must emit an audible alarm. E. The system must monitor all exterior doors, windows, and other entry points, including but not limited to heating, ventilating, air conditioning, and customer and service entry points. F. The system must use motion and heat sensors to monitor pistol storage areas and alarm control boards. G. The system must monitor all interior doors that provide access to pistol storage areas. H. All components of the system must be UL-approved. I. All components of the system must be independently tested and certified to comply with this part at least once per year. The test must be conducted by an alarm system installation or monitoring firm or a person approved by the alarm system manufacturer or distributor. Written certification must be available for inspection by a local law enforcement authority. 7504.0500 INSPECTION BY LAW ENFORCEMENT. A firearms dealer shall make its place of business available to local law enforcement officials during non-nal business hours for the purpose of verifying compliance with this chapter. A local law enforcement official is not required to give advance notice of an inspection. 7504.0600 EXEMPTIONS. Upon written request from a firearms dealer, the commissioner of public safety shall grant an exemption from compliance with a requirement of this chapter if the following conditions are met: A. the request identifies the requirement from which the dealer wants to be exempt; B. the request identifies security measures used in lieu of complying with the requirement; C. the requirement is not specifically set out in statute; and D. the commissioner determines that the security measures will provide a degree of security similar to the degree of security provided by the requirement or will cause a delay in the unauthorized entry into the dealer's business premises equivalent to the delay provided by complying with the requirement. Underlined/Overstruck Language for Firearm Sales Zoning Code Text Amendment Sec. 113-92. - Commercial Zoning District (f) Prohibited Uses The following uses shall be prohibited within the Commercial Zoning District: (1) Sale or repair of firearms (2) Firing ranges Sec. 113-93. - Light Industrial Zoning District (e) Restricted Uses The following restricted uses shall be permitted within the Light Industrial Zoning District: (1) Sale or repair of firearms provided the following restrictions are observed: a. The facility shall be located not less than 750 feet from any property zoned Institutional or any property zoned Mixed Use that allows Institutional uses, as measured at the lot line The facility shall be located not less than 750 feet from any property zoned Institutional in any city adjoining Golden Valley, as measured at the lot line. b. The facility shall be located not less than 375 feet from any property zoned Residential or any property zoned Mixed Use that allows Residential uses, as measured at the lot line The facility shall be located not less than 750 feet from any property zoned Residential in any city adjoining Golden Valley, as measured at the lot line. c. The facility shall be located not less than 750 feet from any of the following conditional uses: i. Ball fields and other recreational facilities ii. Child care centers iii. Health, fitness and/or exercise facilities include dance studios, gymnastics training weight lifting studios aerobic exercise and gymnasiums iv. Trade schools or training centers; and V. Adult day care centers. d. The facility shall be located not less than 1 000 feet from another firearm facility, as measured at the lot line. e. In the case of a multi-use building distances from the firearm facility shall be measured from the portion of the structure occupied by the facility. 1 f. All facilities shall meet applicable federal and state security standards including but not limited to Minn Stats. §_624.7161 and Minnesota Rules Chapter 7504 as amended from time to time. g. No firearms or ammunition shall be displayed in windows. Windows must be of clear, transparent glass and be free of obstructions for at least three feet into the facility. h. In-vehicle sales or repair are prohibited and no firearm-related uses shall be allowed in a trailer or other nonpermanent building. (f) Conditional Uses. [no change] (F) Prohibited Uses The following uses shall be prohibited within the Light Industrial Zoning District: (1) Firing ranges Sec. 113-94. - Industrial Zoning District (e) Restricted Uses The following restricted uses shall be permitted within the Industrial Zoning District: (1) All restricted uses as provided for in the Light Industrial Zoning District (f) Conditional Uses. [no change] (Q) Prohibited Uses The following uses shall be prohibited within the Industrial Zoning District: (1) Firing ranges 2 ORDINANCE NO. 655 AN ORDINANCE AMENDING THE CITY CODE Amending Sections 113-92: Commercial Zoning District, 113-93: Light Industrial Zoning District, 11-94: Industrial Zoning District The City Council for the City of Golden Valley hereby ordains as follows: Section 1. Section 113-92: Commercial Zoning District is amended by adding the following Subdivision and re-lettering accordingly: (f) Prohibited Uses. The following uses shall be prohibited within the Commercial Zoning District: (1) Sale or repair of firearms (2) Firing ranges Section 2. Section 113-93: Light Industrial Zoning District is amended by adding the following Subdivisions and re-lettering accordingly: (e) Restricted Uses. The following restricted uses shall be permitted within the Light Industrial Zoning District: (1) Sale or repair of firearms, provided the following restrictions are observed: a. The facility shall be located not less than 750 feet from any property zoned Institutional or any property zoned Mixed Use that allows Institutional uses, as measured at the lot line. The facility shall be located not less than 750 feet from any property zoned Institutional in any city adjoining Golden Valley, as measured at the lot line. b. The facility shall be located not less than 375 feet from any property zoned Residential or any property zoned Mixed Use that allows Residential uses, as measured at the lot line. The facility shall be located not less than 750 feet from any property zoned Residential in any city adjoining Golden Valley, as measured at the lot line. c. The facility shall be located not less than 750 feet from any of the following conditional uses: i. Ball fields and other recreational facilities ii. Child care centers iii. Health, fitness, and/or exercise facilities, include dance studios, gymnastics training, weight lifting studios, aerobic exercise, and gymnasiums iv. Trade schools or training centers; and v. Adult day care centers. d. The facility shall be located not less than 1,000 feet from another firearm facility, as measured at the lot line. Ordinance No. 655 -2- February 19, 2019 e. In the case of a multi-use building, distances from the firearm facility shall be measured from the portion of the structure occupied by the facility. f. All facilities shall meet applicable federal and state security standards including, but not limited to, Minn. Stats. § 624.7161 and Minnesota Rules Chapter 7504 as amended from time to time. g. No firearms or ammunition shall be displayed in windows. Windows must be of clear, transparent glass and be free of obstructions for at least three feet into the facility. h. In-vehicle sales or repair are prohibited and no firearm-related uses shall be allowed in a trailer or other nonpermanent building. (g) Prohibited Uses. The following uses shall be prohibited within the Light Industrial Zoning District: (1) Firing ranges Section 3. Section 113-99: Industrial Zoning District is amended by adding the following Subdivisions and re-lettering accordingly: (e) Restricted Uses. The following restricted uses shall be permitted within the Industrial Zoning District: (1) All restricted uses as provided for in the Light Industrial Zoning District (g) Prohibited Uses. The following uses shall be prohibited within the Industrial Zoning District: (1) Firing ranges Section 4. 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 5. This Ordinance shall be in full force and effect immediately upon its passage. Adopted by the City Council this 19th day of February, 2019. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk