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IV.8. Professional Services Agreement – Zoning Ordinance Update; LindahlMEMO To: Honorable Mayor and City Council From: Jason Lindahl, City Planner Date: January 7, 2020 Subject: Professional Service Agreement - Zoning Ordinance Update Proposed Action - Motion to approve the Professional Services Agreement between the City of Hopkins, MN and James Duncan and Associates, Inc. to update Planning & Land Use Regulations. Overview Staff has completed our evaluation of the responses to our request for consultant services to assist the City with updating the zoning ordinance. In response to our request, the City received six proposals from both Minnesota and out-of-state firms. Each proposal was reviewed and scored by staff and the top two firms were invited for interviews. As a result of this process, staff recommends the City Council approve the attached $96,750 Professional Services Agreement with James Duncan and Associates, Inc. to work with the City over the next 12-18 months to update the zoning code. This agreement has been approved by the City Attorney and resources for it have been budgeted in 2019 and 2020 Expert and Professional Services and Other Contractual Service funds and the Economic Development fund. Background Updating the zoning code is a key first step in implanting the 2040 Comprehensive Plan – Cultivate Hopkins and is required by state law. The current zoning ordinance was adopted in the late 1970s and has been amended numerous times, which sometimes results in inconsistency with the rest of the code. It also lacks more modern user-friendly language, graphics and review processes. The 2040 Comprehensive Plan Update – Cultivate Hopkins will serve as the guiding document to update the City’s Planning and Land Use regulations. The vision of this plan is to cultivate the best elements of the Built, Natural, Social, and Economic Environments into a complete and sustainable community that is rooted in tradition, characterized by vibrant and unique places, physically and socially connected, and resilient to changing conditions. The concept for Cultivate Hopkins came out of a desire to continue to cultivate and grow the City of Hopkins as a distinct and meaningful place. Based around principles of sustainability, resilience, equity, and complete and connected communities, it provides a framework for preparing for the future. The plan emphasizes retaining what is valued, while proactively addressing and welcoming change. To these ends, staff anticipates moving from the existing conventional zoning regulations to a modernized hybrid zoning code. A comparison of these zoning approaches and staff rationale for this recommendation was provided to the City Council back in November and is attached here as a reference. Attachments • Professional Services Agreement • What is a Hybrid Zoning Code and Why is it the Best Approach for Hopkins. Page 1 of 4 614566v2HP145-9 Professional Service Agreement Between The City of Hopkins, Minnesota and James Duncan and Associates, Inc. This Professional Services Agreement (the “Agreement”) is made as of January 7, 2020, by and between the City of Hopkins, a Minnesota municipal corporation (the “CLIENT”), and James Duncan and Associates, Inc., a Texas business corporation, dba Duncan Associates (the “CONSULTANT”). WHEREAS, the CLIENT desires to engage the CONSULTANT to perform certain services relating to updating Chapter V (“Planning and Land Use Regulations”) of the Hopkins City Code (the “Work”). NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter provided, the CLIENT and the CONSULTANT agree as follows. 1. Scope of Agreement. The CONSULTANT’s relationship to the CLIENT will be that of independent Contractor and at all times this relationship will be governed by and be in compliance with the terms of this Agreement. Nothing in this Agreement is intended to, nor will in any manner be construed to create the relationship of employer/employee between the parties. CLIENT will not be responsible for payment or withholding of unemployment compensation, FICA, income tax, retirement, life and/or medical insurance and worker’s compensation based on payments due the CONSULTANT hereunder, as the CONSULTANT is an independent contractor. 2. Professional Services. The CONSULTANT will furnish services to the CLIENT as set forth in Exhibit A attached hereto (the “Services”), which is incorporated herein by reference. All Services shall be performed in a good and workmanlike manner with the level of care and skill ordinarily exercised by professional consultants currently providing similar services. 3. Period of Service. The CONSULTANT will begin work promptly after receipt of an executed copy of this Agreement and will carry out the Services in accordance with the schedule set forth in Exhibit A. 4. Compensation. As consideration for the Services contemplated herein, the CLIENT will compensate the CONSULTANT a total of $96,750, as set forth in Exhibit A. The CONSULTANT is authorized to request, and the CLIENT is authorized to approve, reallocation of task budget amounts, provided that total compensation shall not exceed $96,750, unless expressly approved in writing by the CLIENT. 5. Payment Schedule. The CONSULTANT will bill the CLIENT monthly, based on percentage completion of tasks. Payment of each such invoice will be due to the CONSULTANT within 30 days of receipt by the CLIENT. 6. Changes/Additional Work. If the CLIENT requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit A, CONSULTANT will undertake such work only after receiving written authorization from CLIENT. Additional compensation for such extra work shall be allowed only if prior written approval of CLIENT is obtained. 7. Conflict of Interest. The CONSULTANT represents that it has no interest and agrees that it will acquire no interest, direct or indirect, that would conflict in any manner with the performance of the services hereunder. The CONSULTANT further agrees that, in the performance of this Agreement, no person having any such interest will be employed. Page 2 of 4 614566v2HP145-9 8. Subcontracting. The CLIENT authorizes the CONSULTANT’S use of Codametrics as a subcontractor in performance of this Agreement. No other subcontracting of the Services is allowed under this Agreement without express written authorization from the CLIENT. 9. Termination of Agreement. The obligation to provide Services under this Agreement may be terminated by either party upon 30 days’ written notice, with or without cause, and whether or not the SERVICES have been fully completed. In the event of any termination, the CONSULTANT will be paid for all services satisfactorily rendered to the date of such termination and the CLIENT will be provided with all work product prepared up and through the date of termination. 10. Ownership of Documents. All documents prepared in the performance of this Agreement will become the property of the CLIENT and must be delivered to the CLIENT before final payment is made to the CONSULTANT. 11. Indemnification of CLIENT. The CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless the CLIENT, its officers, elected or appoint officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with the CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by the CONSULTANT, its officers, agents or employees, except for such loss or damage which was caused by the sole negligence or willful misconduct of the CLIENT. The CONSULTANT will conduct the defense at its sole cost and expense. 12. Insurance. The CONSULTANT agrees to maintain, at its expense, any workers’ compensation insurance coverage required by state law. The CONSULTANT also agrees to maintain, at its expense, general liability insurance coverage insuring the CONSULTANT against claims for bodily injury, death, or property damage arising out of the CONSULTANT’s general business activities (including automobile use). The liability insurance policy shall provide coverage for each occurrence in the minimum amount of $1,500,000. Upon request of the CLIENT, the CONSULTANT shall provide the CLIENT with certificates of insurance, showing evidence of the required coverage. 13. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of Minnesota. Any disputes, controversies, or claims arising under this Agreement shall be heard in the state or federal courts of Minnesota and the parties waive any objections to jurisdiction. 14. Data Practices Compliance. Data provided, produced or obtained under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. The CONSULTANT will immediately report to the CLIENT any requests from third parties for information relating to this Agreement. The CONSULTANT agrees to promptly respond to inquiries from the CLIENT concerning data requests. 15. Consultant’s Representative. The CONSULTANT’S primary representative and contact will be: Kirk R. Bishop, Principal Duncan Associates, 116 W Illinois, Suite 700, Chicago IL 60654 (p) 312 527 2500 | kirk@duncanassociates.com 16. Client’s Representative. The CLIENT’S primary representative and contact will be: Page 3 of 4 614566v2HP145-9 Jason Lindahl City of Hopkins, 1010 1st Street South, Hopkins MN 55343 (p) 952-548-6342 | jlindahl@hopkinsmn.com 17. Amendments. No amendments or modifications of this Agreement shall be valid unless in writing and signed by each of the parties to the Agreement. 18. Severability; No Waivers. Any provision in this Agreement that is prohibited or deemed unenforceable under state or federal law shall be ineffective to the extent of such prohibitions or unenforceability, without invalidating the remaining provisions hereof. Also, the non- enforcement of any provision by either party to this Agreement shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or the remainder of this Agreement. 19. Compliance with Laws. The CONSULTANT shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date the CONSULTANT agrees to provide the applicable Services 20. No Discrimination. The CONSULTANT agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any this section may lead to immediate termination of this Agreement. 21. Notices. Any notices, certificates, or other communications hereunder shall be given either by personal delivery to the CONSULTANT's agent or to the CLIENT as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States mail to the addresses specified above. The CLIENT and the CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified mail-return receipt requested. 22. Entire Agreement. This Agreement shall constitute the entire agreement between the CLIENT and the CONSULTANT, and supersedes any other written or oral agreements between the CLIENT and the CONSULTANT. [signature page to follow] Page 4 of 4 614566v2HP145-9 IN WITNESS WHEREOF, The CLIENT and the CONSULTANT have caused this instrument to be signed by their respective duly authorized officers, all on the day and year first written above. CLIENT: City of Hopkins, Minnesota CONSULTANT: DUNCAN ASSOCIATES By: ______________________________ By: _____________________________ Jason Gadd Kirk R. Bishop Its: Mayor Its: Principal By: ______________________________ Michael Mornson Its: City Manager A-1 EXHIBIT A CITY OF HOPKINS PLANNING AND LAND USE REGULATIONS UDPATE PHASE 1: RECONNAISSANCE & DIAGNOSIS During phase 1, the consultant team will work to gain an in-depth understanding of the city’s planning documents, current codes, and maps. These tasks will also provide an opportunity to build on the team’s knowledge of the city’s values, vision, culture, and on-the-ground conditions. 1.1: Review Existing Plans Review A. Conduct in-depth review of the recent 2040 Comprehensive Plan - Cultivate Hopkins. B. Work with city staff to identify and collect other documents and studies. C. Work with city staff to obtain GIS and other data. 1.2: Kick-off Meetings A. Work with staff to establish a working group for review of code drafts. B. Meet with city staff and the working group at the start of the project to discuss the project scope, work plan, schedule, and logistics. Discuss substantive zoning and other related issues to be addressed as part of the project. C. Meet with the officials during initial visit, as directed by staff. D. Consultation with the city attorney, as directed by staff. 1.3: Public Outreach Strategy A. With assistance from city staff, prepare public outreach strategy describing proposed approach to engaging stakeholders and the general public on the project. B. Provide materials for project website and social media interaction. C. In addition to working closely with key staff throughout the process, work with a stakeholder group on a regular basis to inform the code writing and for review of code d rafts. 1.4: Listening Sessions Conduct code-user (developers, architects/ designers, neighborhood leaders) listening sessions to gain insight into local issues and concerns. 1.5: Evaluation of Existing Neighborhoods, Corridors, Station Areas A. Conduct field surveys and other research to gain a better understanding of built patterns and neighborhood character within the city. B. With staff’s assistance, identify key areas within the city to receive focused design and form - based regulations, such as the station areas and established neighborhoods. C. Initial findings of this step, including mapping and character documentation will be included in the diagnosis memo (task 1.7). 1.6: Evaluation of Current Code A. Evaluate and assess the current zoning code in terms of clarity, usability, organization, and predictability of outcomes. A-2 B. Assess the current code in terms of comprehensive plan implementation/consistency, compliance with state and federal laws, sustainability, and other agreed -upon benchmarks. C. Review current development projects, approvals/ disapprovals, and variance requests to understand how the current regulations are functioning. D. With staff’s assistance, identify substantive changes to be made, tied to the geographic evaluations conducted in task 1.5. 1.7: Prepare Diagnosis & Code Directions Memo A. Develop a diagnosis and code directions memo summarizing the findings from phase 1, including recommendations for the direction of the new zoning code. B. Draft an initial working outline and proposed format for the new code. C. Present draft diagnosis and directions memo to staff and the working group for review and comment and to serve as basis for initial draft code. D. Assist in briefing the boards and commissions, as directed by staff. 1.8: Initial Public Meeting A. Hold initial public meeting, present diagnosis and code directions memo, and discuss proposed solutions with stakeholders and general public per public outreach strategy. B. Provide digital version of diagnosis and code directions memo for online posting. Phase 1 Summary Deliverables: Diagnosis & Code Directions Memo (digital file) Site Visits: 2 (kick-off and initial public meeting)  Budget: $29,550  Months to Complete: 3–4 PHASE 2: INITIAL DRAFT REGULATIONS The initial internal review draft of the new zoning code will be prepared in 2-3 modules for ease of review and understanding. This initial draft is recommended for internal review by staff and working group before presentation to boards and commissions. 2.1: Initial Draft Zoning Code A. Prepare initial internal review draft of the new zoning code in 2-3 components or “modules.” The initial draft code will include a comprehensive overhaul and update of Sections 520 through 565 of the city code. Task 2.1 will also involve reformatting, editing, modernization and needed strategic amendments to Sections 500 and 570 (Subdivisions and Signs). B. Each of the draft zoning code modules will be presented to staff and the project working group for review and discussion. C. Drafts will Include changes and new provisions identified in the diagnosis and directions memo, as well as general editing and technical changes. D. Substantive amendments to existing regulations will be identified through footnotes, editor’s notes and conventional legislative formatting techniques, based on a strategy devised in consultation with city staff and the city attorney’s office. A-3 E. During scheduled visits, the consultant team will be available to assist in briefing elected and appointed officials on project progress, as directed by staff. 2.2: Initial Draft Zoning Map Revisions A. Prepare initial (internal) review draft of proposed revisions of zoning map with districts uses module. B. Present initial draft zoning map revisions to staff concurrently with code to discuss proposals and receive feedback. Phase 2 Summary Deliverables: Initial (internal review) draft of revised code and zoning map (Draft #1) (digital files) Site Visits: 2−3 (to present/discuss draft code “modules”) Budget: $37,200 Months to Complete: 5−6 PHASE 3: PUBLIC REVIEW DRAFT REGULATIONS Once the initial draft zoning code and any mapping has been well-vetted, the public review draft will be prepared and posted for review. 3.1: Public Review Draft Code & Map A. Prepare public review draft of the new zoning code reflecting the comments and direction received during phase 2 and consolidating the modules into one consolidated document. B. Prepare public review draft of revised zoning map, reflecting the comments and direction received during phase 2. C. Provide materials for posting online. 3.2: Public Engagement Conduct public review open house and focused (small group) review sessions called for in public outreach strategy (task 1.3) to solicit comments for further changes and refinements. Phase 3 Summary Deliverables: Consolidated public review draft of new code and zoning map (Draft #2) (digital file) Site Visits: 1 Budget: $14,700 Months to Complete: 4 PHASE 4: ADOPTION 4.1: Hearing Draft Zoning Code & Map Prepare public hearing draft of the new zoning code and map reflecting the comments and direction received during phase 3. 4.2: Public Hearing & Adoption Present as directed by staff for adoption hearings and proceedings. 4.3: Final Adopted Code and Map A. Prepare and deliver final version of new zoning code. A-4 B. Provide documents in digital format, including Internet-ready, hyper-linked version of new zoning code. 4.4: Follow-up Provide one-year of phone consultations and assistance to staff on projects submitted for review under new code. Phase 4 Summary Deliverables: Public hearing draft of new code and zoning map (Draft #3) (digital file); one year of follow-up implementation assistance via phone Site Visits: 2  Budget: $15,300  Months to Complete: As determined by client ADDITIONAL MEETINGS/SERVICES The city is authorized to request additional site visits beyond those identified in the preceding base work plan. A t the city’s option, such additional meetings will (1) be billed at cost of $2,850 per consultant per day, which includes the cost of all professional services and out-of-pocket travel expenses for a one-night stay ; or (2) separately negotiated at the time of requesting additional meetings/services from the consultant. What is a Hybrid Zoning Code and Why is it the Best Approach for Hopkins Hybrid zoning codes combine both conventional and form-based development regulations to allow for a variety of distinct types of places in a community. Conventional zoning standards are generally applied to suburban areas, organized around the idea of separating different land uses and a transportation system focused on the automobile. By comparison, form-based zoning standards are used in more urban mixed-use, pedestrian-scale and transit supportive environments and focus on the type of place and its character. The characteristics of conventional and form-based zoning regulations are detailed in the table below. Hybrid Zoning Codes – Conventional vs. Form-Based Standards Category Conventional Form-Based Place Type Suburban - Uniform & Drivable Urban – Mixed-Use & Walkable Development Pattern Isolated & “Podded” Public Realm & Blended Densities Land Use Detailed List – Separate Generalized – Flexibility Based on Character of Public Realm Transportation Focus Automobile – More Parking Pedestrian, Bike & Transit – Less Parking Structure Detailed, Text Focus, Complex Language Concise, Illustrations, Easy to Understand Language Generally, modern hybrid zoning codes include 11 elements. Items 1-6 serve as the basis for the form-based regulations while items 7-11 are optional depending on the local community’s needs. Based on our existing zoning standards and the vison of the 2040 Comprehensive Plan, staff anticipates Hopkins’ updated zoning code will include some form of all 11 elements. 1. Regulating Plan (Zoning Map) 2. Building Form (Building Use & Placement) 3. Frontage Types (Building’s Relationship to the Public Realm or Street) 4. Road Types (Street Design) 5. Civic Spaces (Public Gathering Space Design) 6. Building Types (Categories of Buildings) 7. Architectural Standards 8. Landscape Standards 9. Green Building Standards 10. Alternative Energy 11. Urban Agriculture These 11 categories serve as the general structure for modern hybrid zoning codes. However, this list must be customized to fit the needs and context of each community. Below is an example of a hybrid code based on this structure developed for another community similar to Hopkins. • Villa Park, Illinois - Hybrid Code (Chicago 2nd ring suburb - 4.75 sq. miles, population 21,800) A hybrid code is the best zoning approach for Hopkins because it matches the community’s existing built environment. The existing built environment in Hopkins includes both traditional urban and contemporary suburban places, so the community needs zoning regulations that can both preserve and promote investment in each of these distinct areas. It is also the best zoning approach for Hopkins because it’s generally consistent with the existing zoning code, which includes form-based code elements in the Mixed Use District and design standards, and is flexible enough to implement the future vision of the 2040 Comprehensive Plan - Cultivate Hopkins.