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06-06-23 City Council Agenda
June 6, 2023 — 6:30 PM Council Chambers Hybrid Meeting 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.Oath of Office for Council Member Sophia Ginis for Term Expiring on January 2, 2024 1C.Seating of the Council 1D.Roll Call 1E.Swearing-In Ceremony for New Members of the Golden Valley Police Department 1F.Proclamation Honoring June 1 - 30, 2023 as LGBTQIA2S+ Pride Month 1G.Proclamation Observing June 19th as Juneteenth - Freedom Day 2.Additions and Corrections to Agenda 3.Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. 3A.Approval of City Council Minutes: 3A.1.Minutes of the Regular City Council Meeting of May 16, 2023 3A.2.Minutes of the Special City Council Meeting of May 19, 2023 3B.Approval of City Check Registers 3C.Licenses: 3C.1.Approve Gambling License Exemption and Waiver of Notice Requirement - Minnesota CITY COUNCIL REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. Remote Attendance/Comment Options: Members of the public may attend this meeting by watching on cable channel 16, streaming on CCXmedia.org, streaming via Webex, or by calling 1-415-655-0001 and entering access code 2455 953 0268 and webinar password 1234 . Members of the public wishing to address the Council remotely have two options: Via web stream - Stream via Webex and use the ‘raise hand’ feature during public comment sections. Via phone - Call 1-415-655-0001 and enter meeting code 2455 953 0268 and webinar password 1234. Press *3 to raise your hand during public comment sections. City of Golden Valley City Council Regular Meeting June 6, 2023 — 6:30 PM 1 Diversified Industries (MDI) 3C.2.Approve New Massage Establishment License - Refined Health & Wellness 3C.3.Approve 2023-2024 Liquor License Renewals 3D.Boards, Commissions, and Task Forces: 3D.1.Accept Resignations from the Planning Commission 3D.2.Receive the DEI Commission Annual Report and Approve the 2023 Work Plan 3D.3.Receive the 2022 Housing and Redevelopment Authority Annual Report and Approve the 2023 Work Plan 3E.Bids, Quotes, and Contracts: 3E.1.Approve PERA Settlement Agreement 3E.2.Approve Professional Services Agreement for Commercial Real Estate Brokerage Services with CBRE, Incorporated 3E.3.Adopt Resolution No. 23-038 Entering into Host Site Agreement with Minnesota Pollution Control Agency for 2023-2024 Term 3E.4.Approve Memorandum of Agreement Regarding Juneteenth Between Patrol, Sergeants, Assistant Chiefs Unions, CSOs and Administrative Staff (LELS Locals #27, #304, #485, #525, #524) and the City of Golden Valley 3E.5.Approve First Amendment to Legal Services Agreement with Chestnut Cambronne 3E.6.Approve Agreements with Reading & Math, Inc. DBA Ampact for Forestry Services Grant 3F.Grants and Donations: 3F.1.Adopt Resolution No. 23-039 Accepting Donation to Support Play Structure Relocation from Wildwood Park to Isaacson Park 3F.2.Adopt Resolution No. 23-040 Accepting Donation for a Disc Golf Bench to be Located on Brookview Golf Course from the Noah Joynes Youth Recreation Fund 3G.Adopt Resolution No. 23-041 in Support of Fire Station Funding Submission to Minnesota Department of Management and Budget 3H.Adopt Resolution No. 23-042 Approving Updated Assignments and Meetings Payment Attended by the Mayor and Council 4.Public Hearing 4A.Adopt Resolution No. 23-043 to Accept the Municipal Separate Storm Sewer System General Permit, Storm Water Pollution Prevention Program (SWPPP) 2022 Annual Report to the Minnesota Pollution Control Agency 4B.Formal Public Hearing - Zoning Code Text Amendment, Sec. 113-151: Off-Street Parking and Loading, Ordinance No. 764 and Resolution No. 23-044 5.Old Business 6.New Business 6A.Review of Council Calendar 6B.Mayor and Council Communications 1.Other Committee/Meeting updates 7.Adjournment City of Golden Valley City Council Regular Meeting June 6, 2023 — 6:30 PM 2 City of Golden Valley City Council Regular Meeting June 6, 2023 — 6:30 PM 3 EXECUTIVE SUMMARY Human Resources 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 6, 2023 Agenda Item 1F. Proclamation Honoring June 1 - 30, 2023 as LGBTQIA2S+ Pride Month Prepared By Seth Kaempfer, Equity and Inclusion Manager Summary June is celebrated as Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual, and Two-spirt (LGBTQIA2S+) Pride Month. The purpose of the month is to uplift the LGBTQIA2S+ voices, celebrate LGBTQIA2S+ culture, support LGBTQIA2S+ rights, and recognize the historical and current contributions of the LGBTQIA2S+ community. The proclamation also calls upon the entire community to collectively work, promote, and build avenues of equality, equity, liberty, and justice for and with the LGBTQIA2S+ community as well as actively eliminate the unique prejudices and discrimination that this community endures. The city of Golden Valley is also home to the first and largest suburban Pride festival in Minnesota known as Golden Valley Pride, which is coming back this year after a small hiatus. Golden Valley Pride is a celebration of Golden Valley LGBTQIA2S+ individuals, families, friends, and allies and will return on Saturday, June 10th at Brookview Park. Legal Considerations This item did not require legal review. Equity Considerations This proclamation aligns with the City's commitment to diversity, equity, and inclusion and the City's welcome statement. The City supports and honors individuals of all backgrounds and believes it is critical to acknowledge celebrations such as PRIDE Month to both educate community and staff and create space for belonging of LGBTQIA2S+ individuals. Recommended Action Motion to Adopt Proclamation Honoring the month of June as LGBTQIA2S+ Pride Month. Supporting Documents Proclamation for Pride Month 4 CITY OF GOLDEN VALLEY PROCLAMATION HONORING LGBTQIA2S+ PRIDE MONTH JUNE 1 - 30, 2023 WHEREAS,the month of June is celebrated as Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual, and Two-spirit (LGBTQIA2S+) Pride Month, commemorating the historic 1969 Stonewall Riots in New York City and the first Pride march in New York in June 1970; and WHEREAS, Pride Month brings awareness to historic and present day discrimination, harassment,and violence toward individuals who identify as LGBTQIA2S+; and WHEREAS,Pride Month affirms the dignity, equal rights and visibility of individuals who identify as LGBTQIA2S+; builds community, and celebrates diversity and multiplicity of sexuality and gender; and WHEREAS,LGBTQIA2S+ people have made, and continue to make, great and lasting contributions that strengthen the fabric of society; and WHEREAS,the City of Golden Valley Welcome Statement asserts all people deserve to live with dignity and respect, free from fear and violence, and protected against discrimination, regardless of their gender identity or sexual orientation; and WHEREAS, celebrating Pride Month influences awareness and provides support and advocacy for the LGBTQIA2S+ community, and is an opportunity to take action and engage in dialogue to strengthen alliances, build acceptance, and advance equal rights; and WHEREAS,the City of Golden Valley includes the LGBTQIA2S+ community as a part of its commitment to diversity, equity, and inclusion; and WHEREAS, on July 30, 2013, the City of Golden Valley Human Rights Commission passed Resolution No. 13-1 Acknowledging the Minnesota Marriage Equality Act of 2013; and WHEREAS, on March 4, 2020, the City of Golden Valley passed a Proclamation Opposing the Practice of Conversion Therapy; and WHEREAS, the city of Golden Valley is home to the first and largest suburban Pride festivals in Minnesota known as Golden Valley Pride; and 5 WHEREAS, the City of Golden Valley calls upon the community to work together to promote equal rights and eliminate prejudice everywhere it exists. NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Golden Valley does hereby proclaim June 2023 as “LGBTQIA2S+ Pride Month” and call upon the people of Golden Valley to recognize the contributions made by members of the LGBTQIA2S+ community and to actively promote the principles of equality, equity, liberty, and justice. IN WITNESS WHEREOF,I have hereunto set my hand and caused the seal of the City of Golden Valley to be affixed on this 6th day of June, 2023. ___________________________ Shepard M. Harris, Mayor 6 EXECUTIVE SUMMARY Human Resources 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 6, 2023 Agenda Item 1G. Proclamation Observing June 19th as Juneteenth - Freedom Day Prepared By Seth Kaempfer, Equity and Inclusion Manager Summary For more than 150 years, Black Americans celebrate June 19, or Juneteenth, as Freedom Day in recognition of the end of slavery. Although President Abraham Lincoln ratified the Emancipation Proclamation to abolish slavery on January 1, 1863, slaveholders in Texas withheld information of abolition from enslaved Black Americans until Union troops shared the news on June 19, 1865. As word spread Black Americans nationwide collectively celebrated their freedom and called the celebration Juneteenth, a combination of June and Nineteenth. Black communities across the nation still celebrate and recognize Juneteenth, also known as Freedom Day, as the end of slavery. The proclamation calls for the recognition of June 19 as "Juneteenth - Freedom Day" and the continued commitment to dismantle oppressive systems impacting the descendants of formerly enslaved Black Americans. The week of June 12 – June 19, 2023, the City of Golden Valley will support community celebrations of Juneteenth like the Kumbayah! Play and conversation facilitated by Sweet Potato Comfort Pie. In accordance with the State of Minnesota and the signing of Juneteenth as a state holiday, City offices will be closed and no public business will be conducted this upcoming June 19th, 2023 as well as future dates. Legal Considerations This item did not require legal review. Equity Considerations This item did not require equity review. Recommended Action Motion to Adopt Proclamation Observing June 19 as Juneteenth - Freedom Day. Supporting Documents Proclamation for Juneteenth - Freedom Day 7 CITY OF GOLDEN VALLEY PROCLAMATION RECOGNIZING JUNETEENTH FREEDOM DAY JUNE 19, 2023 WHEREAS,the City of Golden Valley believes in and stands for the values of social equity, inclusion, and justice and is dedicated to being a supportive and united community, strengthened by the diversity of our residents and visitors; and WHEREAS,July 4, 1776 and every year after is the national recognition of independence for the United States of America, but does not acknowledge the continued oppression for formerly enslaved and the descendants of enslaved Black bodies; and WHEREAS, on January 1, 1863, the Emancipation Proclamation was signed, giving freedom to enslaved people in the rebelling states, however not all enslaved people had received word about their liberation until June 19, 1865 when Union troops arrived in Galveston, Texas, to announce the end of the Civil War and the insidious institution of slavery; and WHEREAS,June 19th has a special meaning to Black Americans, and is called “Juneteenth” combining the words June and Nineteenth, and has been celebrated by the Black community for over 150 years; and WHEREAS,Juneteenth commemorates an extraordinary moment in our nation’s history and is the oldest nationally celebrated commemoration of the ending of slavery in the United States; and WHEREAS,we recognize and honor those who suffered and acknowledge the evils of slavery and its aftermath of pervasive and present systemic racism; and WHEREAS,we acknowledge Black Americans and the significant contributions and achievements made within our community and culture both past and present; and WHEREAS, on June 17, 2021, the U.S. Government has memorialized this Juneteenth day as a federally recognized holiday as well as on February 3, 2023, the Minnesota State Government recognizes Juneteenth as a state holiday. NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Golden Valley does hereby proclaim June 19, 2023 as “Juneteenth - Freedom Day” and call upon the people of Golden Valley to celebrate freedom for all Americans and educate themselves on the complete history and heritage of our nation, including the contemporary impacts of slavery, as we support the continual dismantling of oppressive systems in our City. IN WITNESS WHEREOF,I have hereunto set my hand and caused the seal of the City of Golden Valley to be affixed on this 6th day of June, 2023. ___________________________ Shepard M. Harris, Mayor 8 May 16, 2023 —6:30 PM Council Chambers Hybrid Meeting CITY COUNCIL REGULAR MEETING MINUTES City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1.Call to Order Mayor Harris called the meeting to order at 6:48 pm. 1A. Pledge of Allegiance and Land Acknowledgement Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land Acknowledgement statement. 1B. Roll Call Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson, Gillian Rosenquist, and Kimberly Sanberg Staff present: City Manager Cruikshank, City Attorney Cisneros, Finance Director Virnig, Public Works Director Kieffer, Planning Manager Zimmerman, and City Clerk Schyma 1C. Proclamation for National Public Works Week Public Works Director Kieffer discussed the proclamation and the importance of recognizing the professionals who maintain the City’s infrastructure. The Council thanked City staff for their dedicated work in maintaining the City’s infrastructure to such a high standard. Motion by M. Harris, Second by Sanberg to adopt Proclamation Recognizing National Public Works Week. Motion carried 5-0. 2.Additions and Corrections to Agenda Motion by Rosenquist, Second by Sanberg to approve the agenda as submitted. Motion carried 5-0. 9 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. Motion by Sanberg, Second by M. Harris to approve the Consent Agenda as revised: removal of Item #3E.1. Adopt Resolution No. 23-032 Accepting a Donation For a Golf Course Bench to be Located on the 6th Tee Box From the Friends of Phil Iskierka. Motion carried 5-0. 3A.Approval of City Council Minutes: 3A.1. Minutes of the Regular City Council Meeting of May 2, 2023 3B.Approval of City Check Registers 3C.Licenses: 3C.1.Receive and File - Gambling License Exemption and Waiver of Notice Requirement -Hennepin County Sheriff Foundation 3C.2.Approve Temporary On-Sale Liquor License - Chester Bird American Legion Post 523 3D.Bids, Quotes, and Contracts: 3D.1.Award Harold Avenue Storm Sewer Extension Project #23-13 3D.2.Adopt Resolution No. 23-036 Approving 2023 Delegated Contract Process Agreement 3E.Grants and Donations: 3E.1.Adopt Resolution No. 23-032 Accepting a Donation For a Golf Course Bench to be Located on the 6th Tee Box From the Friends of Phil Iskierka 3F.Approve Resolution No. 23-033 Adopting Updated Public Purpose Expenditure Policy and Approve Resolution No. 23-034 Adopting Updated Employee Handbook 3G.Authorize the Mayor and City Manager to Sign PUD Permit No. 91, Amendment #6 3H.Approve Minor PUD Amendment for Central Park West PUD No. 121 - AC Hotel, 5073 Wayzata Boulevard 3.Items Removed From the Consent Agenda: 3E.1. Adopt Resolution No. 23-032 Accepting a Donation For a Golf Course Bench to be Located on the 6th Tee Box From the Friends of Phil Iskierka Council Member Rosenquist thanked the friends of Phil Iskierka for their generous donation. Motion by Rosenquist, Second by M. Harris to adopt Resolution No. 23-032 Accepting a Donation For a Golf Course Bench to be Located on the 6th Tee Box From the Friends of Phil Iskierka. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A) 4.Public Hearing 4A.Ordinance No. 763, Menards Addition PUD No. 75, Amendment No. 6, 6800 Wayzata Boulevard 10 Planner Manager Zimmerman discussed the staff report including the history of the PUD, site plans, landscaping, locations of electric charging stations and equipment, screening of equipment, and sustainability goals. Christopher Arroyo, on behalf of Electrify America and Menards, was in attendance and available for questions from the Council. Mayor Harris opened the public hearing. As there were no comments, the public hearing was closed. Council Member La Mere-Anderson thanked staff and the Planning Commission for their review of the proposed plans. She stated her support for the plan and continuing sustainability efforts. Motion by Sanberg, Second by La Mere-Anderson to adopt Ordinance No. 763, Menards Addition PUD No. 75, Amendment No. 6, subject to the following conditions: 1. Two trees shall be planted to help offset the visual impact of the EV charging stations. It is preferred they are located in the vicinity of the charging stations but the final location shall be approved by City staff. 2. City staff shall verify that the existing drainage system will continue to work as originally intended following the installation of the EV charging stations. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A) 5.Old Business 6.New Business 6A.Adopt Resolution No. 23-035 Providing For the Competitive Negotiated Sale of $4,280,000 General Obligation Improvement Bonds, Series 2023A Finance Director Virnig introduced Elizabeth Bergman, Baker Tilly Municipal Advisors, who discussed the positive sale results of the bonds for the 2023 Pavement Management Program and the final sale price of $3,955,000. Motion by M. Harris, Second by Sanberg to adopt Resolution No. 23-035 Awarding the Sale of $3,955,000 General Obligation Improvement Bonds, Series 2023A Fixing their Form and Specifications: Directing Their Execution and Delivery; and Providing for their payment. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A) 6B. Review of Council Calendar Council Member Sanberg reviewed upcoming city meetings, events, and holiday closures. 6C. Mayor and Council Communications 1. City Council Vacancy Process - Finalize Interview Schedule for May 19 Special Meeting 11 The Council consensus was to interview all five applicants that applied for the vacant position. Council provided direction to staff regarding the schedule of the special meeting. 2. Other Committee/Meeting updates Mayor Harris provided a brief legislative update on the bonding bill and current status of Golden Valley’s request to allow for the possibility of a local sales tax option. Council Member Sanberg thanked the Council, community, and staff for their support during her time on the City Council. She highlighted particular projects she is especially proud of during her time on the Council including the City’s diversity, equity, and inclusion work to ensure a welcoming and inclusive community, progress in affordable housing, and reimagining public safety with the PEACE Commission. She added that there has been some really hard work in the past few years but that it is important for Golden Valley to continue being a leader and not shy away from doing the right thing just because it is difficult. She stated her pride in serving the residents of Golden Valley. The Council thanked Council Member Sanberg for her dedication, love of community, and service to the City of Golden Valley. 7.Adjournment The meeting was adjourned by unanimous consent at 7:55 pm. ________________________________ ATTEST: Shepard M. Harris, Mayor ________________________________ Theresa J. Schyma, City Clerk 12 May 19, 2023 —8:00 AM Council Conference Room CITY COUNCIL SPECIAL MEETING MINUTES Special City Council meetings are being conducted in a hybrid format with in-person and remote options for attending. Special Meeting Item(s): 1.Roll Call Mayor Harris called the meeting to order at 8:00 am. Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson, and Gillian Rosenquist Staff present: City Manager Cruikshank 2.Council Discussion Regarding Interview Schedule and Details The Council came to a consensus on what ques?ons would be asked in today s interviews. 3.City Council Interviews The Golden Valley City Council met to interview the following candidates for appointment to the vacant seat on the City Council. Roger Bergman Andy Johnson Sophia Ginis Stephen E?el Stephen Merriman 4.Council Discussion and Appointment to the City Council, Resolution No. 23-037 The Council discussed the candidates and their responses to interview questions. The Council consensus was to appoint Sophia Ginis to the Golden Valley City Council. Motion by Rosenquist, Second by La Mere-Anderson to approve Resolution No. 23-037 appointing Sophia Ginis to the office of Council Member of the Golden Valley City Council effective May 19, 2023 and for the remainder of the term set to expire on January 2, 2024. Motion carried 4-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist. Opposed: N/A) 5.Adjournment The meeting was adjourned by unanimous consent at 2:00 pm. ________________________________ ATTEST: Shepard M. Harris, Mayor ________________________________ Theresa J. Schyma, City Clerk 13 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 6, 2023 Agenda Item 3B. Approval of City Check Registers Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims again the City of Golden Valley. Document is located on city website at the following location: http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx? id=1000913&dbid=0&repo=GoldenValley The check register(s) for approval: 05-19-23 Check Register 05-26-23 Check Register Financial or Budget Considerations The check register has a general ledger code as to where teach claim is charged. At the end of the register is a total amount paid by fund. Legal Considerations Not Applicable Equity Considerations Not Applicable Recommended Action Motion to authorize the payment of the bills as submitted. 14 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 6, 2023 Agenda Item 3C.1. Approve Gambling License Exemption and Waiver of Notice Requirement - Minnesota Diversified Industries (MDI) Prepared By Theresa Schyma, City Clerk Summary Minnesota Diversified Industries (MDI), a 501(c)(3) nonprofit organization through a Social Enterprise model, has applied for a Gambling License Exemption to conduct gambling (raffle) at an event at the Metropolitan Ballroom, 5418 Wayzata Boulevard, on September 14, 2023. According to their website "MDI creates self-sufficiency by providing meaningful work in an inclusive environment, with nearly half of the workforce comprised of people with disabilities." As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Legal Considerations This item does not require legal review. Equity Considerations Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create relationships within the community and make connections that can help provide unbiased programs and services to those in need. Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Minnesota Diversified Industries (MDI) to conduct gambling (raffle) at an event at the Metropolitan Ballroom, 5418 Wayzata Boulevard, on September 14, 2023. 15 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 6, 2023 Agenda Item 3C.2. Approve New Massage Establishment License - Refined Health & Wellness Prepared By Theresa Schyma, City Clerk Summary Sara Johnson, owner of Refined Health & Wellness, has applied for a new massage establishment license that would operate at 810 Lilac Drive North, Suite 203. The City Clerk has reviewed the application, found the documents are in order, and sees no reason to deny the license. The new license will be effective through December 31, 2023. Financial or Budget Considerations Fees received are budgeted and help to defray costs the City incurs to administer and process new licenses. No licenses are issued until payment is received in full. Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. Recommended Action Motion to approve the issuance of a massage establishment license to Refined Health & Wellness, 810 Lilac Drive North, Suite 203. 16 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 6, 2023 Agenda Item 3C.3. Approve 2023-2024 Liquor License Renewals Prepared By Theresa Schyma, City Clerk Summary The following establishments are due for renewal of their various liquor licenses for the 2023-2024 period. The following establishments meet City Code requirements for the renewal of their license and the City Clerk is recommending approval contingent upon the completion of successful background investigations for any new owners, corporate officers, partners, or store managers, and receipt of payment. Licensee Address License Type Benihana 850 Louisiana Avenue N On-Sale and Sunday Brookview Golf Course 200 Brookview Parkway On-Sale and Sunday Cedar Lake Wine 7702 Olson Memorial Hwy Off-Sale Chester Bird American Legion Post 523 200 Lilac Drive N Club On-Sale and Sunday D'Amico and Sons, Inc.7804 Olson Memorial Hwy On-Sale Beer and Wine Davanni's Pizza & Hoagies 663 Winnetka Avenue N On-Sale Beer and Wine Doolittles Woodfire 550 Winnetka Avenue N On-Sale and Sunday Game Show Battle Rooms 8836 7th Avenue N On-Sale Golden Valley Country Club 7001 Golden Valley Road On-Sale and Sunday Golden Valley Holiday #3519 600 Boone Avenue 3.2 Off-Sale Golden Valley Liquor Barrel 7890 Olson Memorial Hwy Off-Sale Good Day Café 5410 Wayzata Blvd On-Sale and Sunday Holiday Inn Express 6051 Golden Valley Drive 3.2 Off-Sale J.J's Clubhouse 6400 Wayzata Blvd On-Sale and Sunday JLD Group 1301 Theodore Wirth Pkwy On-Sale and Sunday Lakeridge Wine & Spirits 2580 Hillsboro Avenue N Off-Sale LAT 14 Asian Eatery 8815 7th Avenue N On-Sale and Sunday Love Pizza 509 Winnetka Avenue N On-Sale and Sunday 17 Lund Beverages, LLC 5719 Duluth Street Off-Sale Metropolitan Ballroom & Clubroom 5418 Wayzata Blvd On-Sale and Sunday Mill Valley Market 1221 Theodore Wirth Pkwy On-Sale Beer and Wine New Bohemia Wurst & Bier Haus 8040 Olson Memorial Hwy On-Sale and Sunday Nong's Thai Cuisine 2520 Hillsboro Ave N On-Sale Beer and Wine Ramada Minneapolis West 6300 Wayzata Blvd On-Sale Beer and Wine Red Lobster #157 8900 Golden Valley Road On-Sale and Sunday Schuller's Tavern 7345 Country Club Drive On-Sale; Sunday and Off-Sale Sodexo America One General Mills Blvd On-Sale Speedway #4443 1930 Douglas Drive N 3.2 Off-Sale Speedway #4497 6955 Market Street 3.2 Off-Sale Teresa's Mexican Restaurant 5621 Duluth Street On-Sale and Sunday Under Pressure Brewing 8806 7th Avenue N Brewer Taproom, Brewer Off-Sale and Sunday Licensee Address License Type Financial or Budget Considerations Fees received for liquor license renewals are budgeted and help to defray costs the City incurs to administer and enforce license regulations and requirements. No licenses are issued until payment is received in full. Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. Recommended Action Motion to approve the renewal of liquor licenses for the license period of July 1, 2023 through June 30, 2024. 18 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 6, 2023 Agenda Item 3D.1. Accept Resignations from the Planning Commission Prepared By Melissa Croft, Executive Assistant Summary Commissioners Ellen Brenna and Sophia Ginis have submitted their resignations from the Planning Commission. Ellen accepted an appointment to the Environmental Commission in April. Legal Considerations N/A Equity Considerations N/A Recommended Action Motion to accept the resignations of Sophia Ginis and Ellen Brenna from the Planning Commission. 19 EXECUTIVE SUMMARY Human Resources 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 6, 2023 Agenda Item 3D.2. Receive the DEI Commission Annual Report and Approve the 2023 Work Plan Prepared By Seth Kaempfer, Equity and Inclusion Manager Summary At the May 9th, 2023, Council Work Session, Equity and Inclusion Manager Seth Kaempfer and Chair Joelle Allen presented the 2022 Annual Report and draft 2023 Work Plan. Legal Considerations This item does not require legal review. Equity Considerations As part of the the DEI Commission's Annual Plan, the commission has indicated and put forth work as well as engagement that directly works toward imbedding equity across the city. This work relates to building out programs and event related to various topics of DEI, expanding upon communication about various DEI topics, and then a focus on examining city works, specifically through the Equity Plan. Recommended Action Motion to Receive the DEI Commission 2022 Annual Report and Approve the 2023 Work Plan. Supporting Documents DEIC Annual Report 2022 20 THE CITY OF GOLDEN VALLEYDIVERSITY, EQUITY, & INCLUSION COMMISSION 2022 ANNUAL REPORT | 2023 WORK PLAN 21 2 City of Golden Valley PURPOSE, MISSION, & PRESCRIBED DUTIES The Commission’s mission is to promote and nurture a safe and welcoming community dedicated to the values of social equity, inclusion, and justice. The Commission shall advise and make recommendations to the Council in matters relating to diversity, equity, inclusion, and human rights. 22 DIVERSITY, EQUITY, & INCLUSION COMMISSION / 2022 Annual Report 3 TABLE OF CONTENTS 2 Purpose, Mission, & Prescribed Duties 4 2022 Overview 4 Quarter 1: Jan–March 2022 5 Quarter 2: April–June 2022 6 Quarter 3: July–Sept 2022 6 Quarter 4: Oct–Dec 2022 7 2022 Sampling Of Media Coverage 10 2023 Proposed Work Plan COMMISSIONERS Joelle Allen, Chair (April 2024) Ajani Woodson, Vice Chair (April 2024) Nyre Chester (April 2025) Carol Luo (April 2023) Chris Mitchell (April 2023) Ruth Paradise (April 2026) David Scheie (April 2024) Lee Thoresen (April 2025) Drew Jones, Youth Member (September 2023) Note: Terms run May 1-April 30 COUNCIL LIAISON Maurice Harris CITY STAFF Kiarra Zackery, Equity and Inclusion Manager (January-October 2022) Kirsten Santelices, Deputy City Manager/Human Resources Director (interim liaison October 2022-March 2023) Airrion Williams, Community Connection and Outreach Specialist (interim support October 2022-March 2023) Tarafina Olmo, Executive Assistant City Manager’s Office (interim support October 2022-March 2023) Seth Kaempfer, Equity and Inclusion Manager 23 4 City of Golden Valley 2022 OVERVIEW QUARTER 1: JAN–MARCH 2022 The Golden Valley Diversity, Equity, & Inclusion Commission (DEIC) had a successful and eventful 2022. BUDGET For 2022, the City Council approved a budget of $3,500 for the DEIC. The DEIC spent $1,972.69 (56 percent) of its budget for professional fees. MEETINGS The DEIC held 11 regular meetings and had an option to attend the City’s Joint Board/Commission/Council Meeting in February 2022. NATIVE GOVERNANCE CENTER LAND ACKNOWLEDGMENT WORKSHOP Representatives from the Native Governance Center (Ex- ecutive Director Wayne Ducheneaux and External + Donor Relations Officer Lauren Kramer) spoke to Commission members in January about areas for improvement within the Land Acknowledgment draft. The following month, Commissioners received draft approval from the Native Governance Center and agreed to finalize the Land Ac- knowledgment. PROMOTION OF DEI EVENTS The Commission discussed promotion of and advertising for future events. The conversation led to networking and engaging with different organizations, pre-writing and creating con- tent, and improving on overall communication. 2022 OVERVIEW / Q1: JAN–MARCH 2022 24 DIVERSITY, EQUITY, & INCLUSION COMMISSION / 2022 Annual Report 5 QUARTER 2: APRIL–JUNE 2022 PUBLIC ASSET NAMING POLICY WITH OPEN SPACE AND RECREATION COMMISSION Parks and Recreation Director Rick Birno spoke with the Commission about the importance of partnering with the Open Space and Recreation Commission on a public asset naming policy. BUILDING AN EQUITABLE GOLDEN VALLEY FORUM: ENVIRONMENTAL JUSTICE The Q2 BAEGV Forum focused on the importance of environmental equity and justice. This included how inequities in green space and amenities affect Gold- en Valley residents and what Minnesota and Golden Valley are doing to address these issues. Q2: APRIL–JUNE 2022 25 6 City of Golden Valley QUARTER 3: JULY–SEPT 2022 QUARTER 4: OCT–DEC 2022 BUILDING AN EQUITABLE GOLDEN VALLEY FORUM: AFFORDABLE, INCLUSIVE HOUSING The Q3 BAEGV event on affordable and inclusive housing focused on the history of exclusionary zoning and af- fordable housing in Golden Valley and the City’s goals for expanding affordable housing. WELCOMING NEW RESIDENTS The Commission shared ideas on welcoming new residents of Golden Valley, identifying several community engagement events the Commission could participate in with the goal of targeting new residents through community outreach. BUILDING AN EQUITABLE GOLDEN VALLEY FORUM: CELEBRATING DIVERSITY, EQUITY, AND INCLUSION The Q4 event featured information on how Golden Valley uses DEI work to build community and introduced com- munity members to the DEI Commissioners. MLK HUMAN RIGHTS CONTEST The DEIC held a Dr Martin Luther King, Jr Human Rights Contest for students who live in or attend school in Golden Valley or attend a Robbinsdale Area or Hopkins District school. Students were encour- aged to enter any creative submission that exempli- fied the theme of “Inclusion and Equality/Justice.” BUILDING AN EQUITABLE GOLDEN VALLEY www.goldenvalleymn.gov/DEI City of Golden Valley - Diversity, Equity, & Inclusion CELEBRATING DIVERSITY, EQUITY, & INCLUSION presents Thur, Dec 1 | 6–7:30 pm | Free Brookview Golden Valley 316 Brookview Pkwy S, Golden Valley, MN 55426 LEARN how Golden Valley is working to build community by sharing and discussing social and cultural customs and values. Bring your suggestions for future activities and programs. MEET Golden Valley’s Diversity, Equity, & Inclusion Commissioners, and hear about their commitment to making Golden Valley a more inclusive community. CELEBRATE local social service organizations as they are recognized for their service to the community. To RSVP, visit bit.ly/3VeXYN7 or scan the QR code. Check out our mission and bylaws, and bring your ideas ideas for 2023! • Food and drinks will be provided (vegetarian options available). • Games and arts and crafts activities will be available for youth. • Brookview is an accessible venue. If you need further accommodations, contact Airrion Williams at awilliams@goldenvalleymn.gov. City of Golden Valley - Diversity, Equity, & Inclusion AFFORDABLE, INCLUSIVE HOUSING FORUM Thur, Aug 18, 2022 www.goldenvalleymn.gov/DEI Welcome & Introductions Lee Thoresen, moderator, DEI Commission (3 min) Presentation: History of Exclusionary Zoning and Affordable Housing in Golden Valley (20 min) Suggested strategies to reduce the cost of housing and promote diversity and inclusion Colette Baumgardner, Barrett Clausen, and Linnea Goderstad, students, Humphrey School of Public Affairs Presentation: City Goals for Affordable Housing (15 min) Includes entry level housing; affordable rental apartments for seniors, new immigrants, people with low wage jobs, people with disabilities, etc; workforce housing; and NOAH properties Cherie Shoquist-Henderson, Golden Valley Housing & Economic Development Manager Breakout Groups (15 min) Compile a list of barriers that can prevent the City from meeting its goals in building new affordable housing to present to the group at large. General Meeting (15 min) Group reports, followed by a vote on the most detrimental barriers Presentation: Tools Available to the City (15 min) Cherie Shoquist-Henderson, Golden Valley Housing & Economic Development Manager Summary (5 min) How City goals and tools align with barriers Lee Thoresen, moderator, DEI Commission Closing Remarks (2 min) Thank you to participating groups: DEIC members, Golden Valley Affordable Housing Coalition, PRISM, Jewish Community Action, and all supporting City staff Q3: JULY–SEPT 2022 / Q4: OCT–DEC 2022 26 DIVERSITY, EQUITY, & INCLUSION COMMISSION / 2022 Annual Report 7 HOBBS HUMAN RIGHTS AWARD AND MLK LITERARY CONTEST Beyond social media posts, the MLK Literary Contest was advertised in the City newsletter and the City website. 2022 SAMPLING OF MEDIA COVERAGE 2022 SAMPLING OF MEDIA COVERAGE 27 8 City of Golden Valley 2022 SAMPLING OF MEDIA COVERAGE BUILDING AN EQUITABLE GOLDEN VALLEY (BAEGV) EVENTS BAEGV events were promoted in social media posts, the City newsletter, the City website, and via news releases to local media. 28 DIVERSITY, EQUITY, & INCLUSION COMMISSION / 2022 Annual Report 9 2022 SAMPLING OF MEDIA COVERAGE PUBLIC EDUCATION To further build awareness around the values of social equity, inclusion, and justice, the DEIC published informative stories in social media posts, the City newsletter, the City website, and members tabled at community events. 29 10 City of Golden Valley 2023 PROPOSED WORK PLAN DEIC Charge Proposed 2023 Outputs Analyze the City’s systems and recommend DEI improvements (in coordination with City staff, council, mayor). • Consult with the Equity and Inclusion Manager to review equity assessments and produce preliminary report on DEI performance in City departments and systems • Partner with Open Space & Recreation Commission to ensure DEI guide- lines for naming public assets and be prepared to at least one public asset named or renamed per these guidelines Help City officials and staff to communicate the City’s DEI work and facilitate community engage- ment and feedback on that work. • Continue developing culture calendar • Improve City communication of DEIC news • Expand relationships with historically excluded community groups and leaders (including Golden Valley neighborhood leaders), providing input and feedback on City’s DEI work (and who could partner w/DEIC when relevant) Collaborate with organizations to organize events and other ac- tions that educate the community and increase appreciation for DEI and human rights. • Present at least four BAEGV community forums (February: Celebrating Black Women, May: Senior Housing for All, November: Golden Valley’s Indigenous Heritage, December: DEIC Report To Community & Input For 2024) • Support Sweet Potato Comfort Pie events and Golden Valley Pride • Reimagine MLK Essay & Art Contest • Reimagine Bill Hobbs Award process GOLDEN VALLEY DIVERSITY, EQUITY & INCLUSION COMMISSION: 2023 PROPOSED WORK PLAN 2023 PROPOSED WORK PLAN 30 DIVERSITY, EQUITY, & INCLUSION COMMISSION / 2022 Annual Report 11 DEIC 2023 WORK PLAN BY QUARTER Q1 (JAN–MARCH) • Sweet Potato Comfort Pie Event (Jan) • MLK Youth Essay/Drawing Contest (Jan) • BAEGV Forum: Celebrating Black Women (Feb) • Develop Culture Calendar • Develop public naming policy • Develop work plan Q2 (APRIL-JUNE) City Systems • Review and advise on Equity Assessment with City Equity & Inclusion Manager • Obtain 2022 Equity Plan performance data from City staff • Provide input into City staff’s development of a pro- cess and guidelines for naming/renaming publicly owned assets Communications & Networking • Identify and begin to connect with currently missing cultures and communities (eg, Indigenous, Latin(a) (o)(x), Muslim, LGBTQ+, AAPI) • Resolve under-communication by City of DEIC top- ics; investigate having a DEIC section in bi-monthly City newsletter • Improve coordination with staff regarding Culture Calendar development Events • BAEGV Forum: Senior Housing For All (May) • Support Pride Festival (June) Q3 (JULY–SEPT) City Systems • Review City 2022 Equity Plan performance data, draft findings and recommendations • Be ready to name/rename one public asset using new DEI guidelines (in collaboration with staff and Open Space & Recreation Commission) Communications & Networking • Post and distribute new Culture Calendar through City communications channels • Begin identifying ways to elevate Indigenous narra- tives (in collaboration with Indigenous partners) • Advise and assist on City’s neighborhoods initiative Events • Reimagine MLK Contest • Reimagine Bill Hobbs Award process • Begin planning Q4 BAEGV Forums Q4 (OCT-DEC) • Overall: Begin drafting 2024 DEIC Work Plan City Systems • Discuss City Equity Plan performance review findings and recommendations with City staff and Council Communications & Networking • Publicize DEIC 2023 accomplishments Events • BAEGV Forum (Nov): Golden Valley’s Indigenous Heritage • Conduct Bill Hobbs Human Rights Award process, begin MLK Contest process • BAEGV Forum (Dec): 2023 DEIC Year in Review; Input into 2024 Work Plan, and Cultural Celebration 2023 PROPOSED WORK PLAN 31 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 6, 2023 Agenda Item 3D.3. Receive the 2022 Housing and Redevelopment Authority Annual Report and Approve the 2023 Work Plan Prepared By Cherie Shoquist, Housing and Economic Development Manager Alma Flores, Community Development Director Summary The priorities for 2022 and the proposed priorities for 2023 are based on the long-term economic goals identified in the 2040 Comprehensive Plan, the Housing and Redevelopment Authority's 5-year Housing Strategic Plan 2020-2025 and meeting the City's Council's Organization Priorates around Strategic Development and Redevelopment with continued ways to support and invest in affordable housing and the economy. Housing Strategic Priorities Preserve Existing Housing Develop New Mixed Income Housing Expand Access to Housing Choice and Opportunity for Black, Indigenous, People of Color, and Low-Income Homeowners and Renters Economic Strategic Priorities: Promote Redevelopment Districts Promote Economic Development and Redevelopment Support Entrepreneurs and Small Businesses Legal Considerations NA Equity Considerations Housing: The goal of the City's Mixed Income Housing Policy is to preserve and promote economically housing options in our community by creating high quality housing in Golden Valley for households with a variety of income levels, ages, and sizes. Economic Development: The City of Golden Valley defines economic prosperity for all as the intentional provision of economic opportunities and resources for all communities by finding solutions to support economic growth and inclusion of historically marginalized communities and those facing 32 economic hardship. As an employer and municipality, the City of Golden Valley is determined to identify and disrupt barriers to economic inclusion. Recommended Action Motion to receive the 2022 Housing and Redevelopment Authority Annual Report and Approve the 2023 Work Plan. Supporting Documents Housing and Redevelopment Authority Annual Report 2022 33 2022 ANNUAL REPORT | 2023 WORK PLAN THE CITY OF GOLDEN VALLEYHOUSING & REDEVELOPMENT AUTHORITY 34 2 City of Golden Valley PURPOSE, MISSION, & PRESCRIBED DUTIES Golden Valley’s Housing and Redevelopment Authority (HRA) is a separate legal authority that guides and supports redevelopment projects to: • provide a sufficient supply of adequate, safe, and sanitary dwellings in order to protect the health, safety, morals, and welfare of the residents of Golden Valley • remove blight, clean up environmental contamination, and provide for new develop- ment to enhance the community and increase the City’s taxable valuation • remedy the shortage of housing for low- to moderate-income residents • preserve and promote economically diverse housing options in Golden Valley 35 HOUSING & REDEVELOPMENT AUTHORITY (HRA) / 2022 Annual Report 3 TABLE OF CONTENTS 4 2022 Overview 5 Housing Accomplishments 9 Economic Accomplishments 10 Housing & Economic Work Plan COMMISSIONERS Gillian Rosenquist (Chair 2022) Shep Harris Maurice Harris (Chair 2023) Denise La Mere-Anderson Kimberly Sanberg CITY STAFF Tim Cruikshank, Housing and Redevelopment Authority Director Maria Cisneros, City Attorney Alma Flores, Community Development Director (2023) Marc Nevinski, Physical Development Director (2022) Cherie Shoquist, Housing and Economic Development Manager 36 4 City of Golden Valley 2022 OVERVIEW The priorities for 2022 and the proposed priorities for 2023 are based on the goals in the 2040 Comprehen- sive Plan, Housing and Redevelopment Authority 5-Year Housing Strategic Plan 2020-2025, City Council Legislative Priorities, and the City’s organizational priorities, including its diversity, equity, and inclusion initia- tives. HOUSING Providing a variety of housing choices allows peo- ple to find high-quality, affordable, environmentally sustainable housing that meets their needs in the communities where they want to live. A full range of housing types can help increase the resilience of a community as it experiences changing demographic and economic conditions. The housing implementation actions identified in the 2040 Comprehensive Plan include: • maintaining housing quality • expanding the variety of housing options • increasing housing affordability • encouraging environmentally sustainable housing • advancing equity in housing practices and policies The three main priorities of the Housing and Rede- velopment Authority 5-Year Housing Strategic Plan 2020-2025 include: • preserving existing Naturally Occurring Affordable Housing (NOAH) and provide tenant protections • developing new affordable housing to increase and diversify housing options and opportunity • increasing diversity of voices in decision-making ECONOMIC DEVELOPMENT As Golden Valley strives to create a climate for meaningful economic growth and provide a strong economic base for its residents and employees, it also seeks to be competitive with other cities in the metropolitan area. Because of its excellent proximity to downtown Min- neapolis, access to major highways and future tran- sit, educated residents, and high-quality amenities, Golden Valley continues to be a preferred location for businesses looking to locate or expand. At the same time the City faces challenges, including limited space for development, aging buildings and infrastructure, increasing highway congestion, and a shortage of affordable housing. Understanding the business base and importance of their investments in the community are critical to Golden Valley’s competitive advantage in the region. Implementation of the City’s Economic Competitive- ness actions identified in the 2040 Comprehensive Plan include: • understanding the local business environment • developing economic partnerships • retaining and expanding the existing job base • strengthening the link between land use and economy • promoting amenities to attract workers 37 HOUSING & REDEVELOPMENT AUTHORITY (HRA) / 2022 Annual Report 5 STRATEGIC PRIORITIES • Preserve Existing Housing • Develop New Mixed Income Housing • Expand Access To Housing Choice And Oppor- tunity For Black, Indigenous, People of Color, And Low-Income Homeowners And Renters HOUSING ACCOMPLISHMENTS PRESERVE EXISTING HOUSING Preservation Of Naturally Occurring Affordable Housing • Reviewed number of properties in the city that include Naturally Occurring Affordable Housing (NOAH) units. • Developed a process to monitor the potential sale and transfer of ownership of NOAH properties. • Met with non-profit affordable housing organiza- tions to plan for a potential partnership, if necessary, to support the acquisition of a NOAH property in the event of a sale to maintain afford- ability. • Promoted the 4d Property Tax Abatement Program to exist- ing owners of subsidized and NOAH properties in the city to preserve long-term afford- ability. Tenant Protection The Tenant Protection Ordi- nance provides a protected period of time following the sale of an affordable housing building. The goal is to protect lower-income tenants in the city. Under the ordinance, new owners of affordable housing buildings would be required to pay relocation benefits to tenants if the owner increases the rent, re-screens existing residents, or implements non-re- newals of leases without cause within a three-month period following the ownership transfer of the prop- erty and the tenant chooses to move due to these actions. • Further developed a plan to identify a potential sale and change in ownership of a subsidized or naturally occurring affordable housing property in the city. • Refined communication tools for residents in the event of a sale and change in ownership. • Updated avenues for enforcement of remedies by tenants and the City. 38 6 City of Golden Valley Advanced Notice of Evictions • In addition to the Tenant Protection Ordinance, re- searched an Advance Notice of Eviction ordinance that would provide an additional notice of 14―30 days for evictions not including a material lease violation. Housing Improvement Area (HIA) • Met with additional association members to dis- cuss the HIA tool to support the renovation of older common interest communities (townhomes and condominiums) in the city. • Identified the requirements of a HIA program and began discussions of the potential to fund the program with the City’s Finance Director. STAR Program • Held quarterly meetings engaging rental property owners and managers in the STAR Program and developed a multi-year plan for informative meet- ing topics. Food, Rent, And Housing Navigation Services • Used ARPA funds to provide food and rent as- sistance to residents through PRISM due to the ongoing negative impacts of COVID-19, slow re- turn to full employment, rent increases, food price increases, limited availability, and the end of the eviction moratorium. • Establish a housing navigator position for PRISM to employ a full-time case manager that will focus on housing-related issues, provide assis- tance to senior citizens needing to transition to affordable housing, cover application fees, build relationships with landlords, and keep renters stable in the community. DEVELOP NEW MIXED INCOME HOUSING Development of New Mixed Income Housing The Golden Valley Mixed Income Housing Policy requires that a portion of new housing units in eligible projects must meet affordability requirements set forth in the Policy. The Policy acts as an implemen- tation tool to aid the City in meeting its short-term and long-term housing goals. The following actions advanced the Mixed Income Housing Policy to lead to the current and future development of new afford- able housing units. • Communicated the City’s commitment to achiev- ing its mixed income and affordable housing goals to developers, property owners and managers, brokers, lenders, investors, and funders as well as residents and other stakeholders. • Met with housing developers regarding mixed income housing development opportunities in the city. • Developed an Affordable Housing Plan to be com- pleted by developers in compliance with the Mixed Income Housing Policy and incorporated into development agreements as an exhibit. • Continued the process of creating form legal agreements, program guidelines, and affordability compliance monitoring tools with the City Attor- ney. • Reviewed the City’s Tax Increment Financing (TIF) capacity with the City’s Finance Director to in- centivize affordable housing development, and planned revisions to the TIF program guidelines and the application for Housing Development or Redevelopment TIF. HOUSING ACCOMPLISHMENTS 39 HOUSING & REDEVELOPMENT AUTHORITY (HRA) / 2022 Annual Report 7 • Revised the list of affordable housing development resources available at the local, county, regional, state, and federal levels and strengthened profes- sional partnerships with funders. Public Land Disposition Policy • Identified the first three specific parcels for single-family affordable housing redevelopment under the Public Land Disposition Policy. Affordable Ownership • Provided referrals to Hennepin County and Minne- sota Housing Programs for Down Payment Assis- tance and Rehabilitation Loans. Home Ownership Program for Equity (HOPE) • Launched the Home Ownership Program for Equity (HOPE) to develop affordable single-family or du- plex homes on City-owned vacant lots identified in the property disposition policy. The program’s purpose is to provide affordable, owner-occupied, single-family housing in Golden Valley. The City will provide a land write-down as an incentive for development of homes affordable at less than 115 percent of Area Median Income, with a priority for affordability at 80 percent or 60 percent of Area Median Income. • Qualified developers to construct single-family homes on three HOPE Round 1 City-owned vacant parcels: • 1605 Douglas Dr N (Twin Cities Habitat for Hu- manity in partnership with Homes Within Reach) • 208 Meander Rd (Greater Metropolitan Housing Corporation in partnership with Homes Within Reach) • 47__/4707 Circle Down (Greater Metropolitan Housing Corporation in partnership with Homes Within Reach) • Commissioned surveys, appraisals, and Phase 1 environmental studies to ensure proper under- standing of land for disposition. • The priority of the HOPE program is for proposals from organizations that have demonstrated suc- cess in building relationships of trust with Black, Indigenous and people of color and in serving first generation homebuyers. The qualified HOPE Round 1 developers have demonstrated success in serving Black, Indigenous and people of col- or homebuyers; Habitat serves over 80 percent homebuyers of color and GMHC serves 70 per- cent homebuyers of color. • Supported the Minnesota Housing Community Impact Fund application for Twin Cities Habitat for Humanity and Greater Metropolitan Housing Corporation. • Submitted an application to the Metropolitan Council for Local Housing Incentives Account funding for the two Greater Metropolitan Housing Corporation homes. Examples of HOPE housing types HOUSING ACCOMPLISHMENTS 40 8 City of Golden Valley E XPAND ACCESS TO HOUSING CHOICE AND OPPORTUNITY FOR BLACK, INDIGENOUS, PEOPLE OF COLOR, AND LOW-INCOME HOME- OWNERS AND RENTERS Fair Housing and Section 8 Anti-Discrimination Policy The Fair Housing Policy ensures fair and equal hous- ing opportunities are available to all persons in hous- ing and development activities funded by the City. This is City policy regardless of race, color, religion, immigration status, gender, gender identity, sexual orientation, marital status, status with regard to pub- lic assistance, creed, familial status, national origin, cultural background, age, or disability. • Provided prompt and meaningful access to hous- ing discrimination information and representation. • Considered options to adopt and enforce a Sec- tion 8 Anti-Discrimination Ordinance when the City of Minneapolis is legally in a position to move for- ward with implementation of its source of income ordinance. Condemn Discriminatory Covenants and Partici-pate in Just Deeds • Identified opportunities to condemn the use of discriminatory covenants, discharge discriminato- ry covenants of HRA-owned property, and partici- pate in the Just Deeds Coalition. 2023 Housing Study and Housing Dashboard • Engaged Maxfield Research & Consulting to con- duct a five-year update to the Housing Study including 2020 United States Census data. • Created a housing dashboard that includes hous- ing development in the city and tracks progress on the City’s affordable housing goals. Ensure Multiple Perspectives and Voices in Deci-sion-Making • Sought input from established city resident groups and commissions, including the Diversity Equity and Inclusion Commission and Golden Valley Af- fordable Housing Coalition. • Held quarterly meetings with the Golden Valley Affordable Housing Coalition. • Participated in an Affordable Housing Forum with Building an Equitable Golden Valley. • Evaluated various ways to authentically and regu- larly engage residents. • Connected with and sought input from those who may be most impacted by decisions related to housing programs and policies, including seniors, young people, businesses, renters, multifamily property owners, and racially and culturally diverse residents. Housing Resources • Updated housing resources lists available on the City’s website and for residents that contact the City for information and assistance. • Resources For Homeowners • Resources For Homebuyers • Rental Housing Resources For Tenants HOUSING ACCOMPLISHMENTS 41 HOUSING & REDEVELOPMENT AUTHORITY (HRA) / 2022 Annual Report 9 PROMOTE REDEVELOPMENT DISTRICTS • Focus attention for redevelopment efforts to rede- velopment districts: • Douglas Drive Corridor • Highway 55 West • I-394 Corridor • Winnetka Ave and Medicine Lake Road PROMOTE ECONOMIC DEVELOPMENT AND REDEVELOPMENT • Worked with developers and the business com- munity to revitalize key business centers, both commercial and industrial. • Redeveloped undervalued, underutilized, blighted, and/or contaminated properties. • Recruited new businesses and industries that are complementary to the community’s existing em- ployment base. • Strengthened relationships with DEED, Hennepin County, Greater MSP, Hennepin County, and the Golden Valley Business Council to attract new business and grow existing business. SUPPORT ENTREPRENEURS AND SMALL BUSINESSES Open to Business Open to Business offers free advice and consultation for Golden Valley residents who are business owners or entrepreneurs. This program is funded by the City and the County and provided by the Metropolitan Consortium of Community Developers (MCCD). It can help determine the feasibility of a new business or help business owners find capital or develop mar- keting strategies. All consultation is one-on-one and can provide entrepreneurs with the information they need to bring a new business to the area. • Provided Golden Valley residents, entrepreneurs, and business owners with Open to Business ser- vices. • Attended regular meetings of the Golden Valley Business Council along with the City Council rep- resentative. Elevate Business Elevate Business offers Hennepin County business- es no-cost support designed to help businesses at any stage grow and thrive. Hennepin County has contracted with more than 25 professional business advisors and specialized consultants to offer free expert support to local businesses in a wide range of areas, including accounting, finance, legal, marketing, social media, web development, and human resourc- es. • Connected Golden Valley residents, entrepre- neurs, and business owners with Elevate Business services. ECONOMIC ACCOMPLISHMENTS STRATEGIC PRIORITIES • Promote Redevelopment Districts • Promote Economic Development And Redevel- opment • Support Entrepreneurs And Small Businesses 42 10 City of Golden Valley 2023 WORK PLAN HOUSING PRESERVE EXISTING HOUSING Preservation Of Naturally Occurring Affordable Housing • Continue to explore preservation with current property owners and plan for potential future ac- quisition by non-profit housing organizations in the event of sale. • Communicate Tenant Protection Ordinance rights and responsibilities with property owners, manag- ers, and tenants. • Promote the 4d Property Tax Abatement Program to existing owners of subsidized and NOAH prop- erties in the city to preserve long-term affordabili- ty and explore changes that may increase partici- pation. Housing Improvement Area (HIA) • Consider developing priorities and guidelines for the use of the HIA tool to support the renovation of older common interest communities (townho- mes and condominiums) in the city. Tenant Protection • In addition to the Tenant Protection Ordinance, further consider an Advance Notice of Eviction ordinance that would provide an additional notice of 14-30 days for evictions not including a ma- terial lease violation (if not adopted by the state legislature in the 2023 session). STAR Program • Increase participation by rental property owners and managers in the STAR Program and quarterly meetings. DEVELOP NEW MIXED INCOME HOUSING Development Of New Mixed Income Housing Artessa Cooperative: The HRA approved Artessa Cooperative at Golden Valley, located at 6650 Coun- try Club Dr adjacent to the Luce Line trail with con- venient access from Highway 55 and to downtown Golden Valley. Artessa Cooperative is the first devel- opment approved under the Mixed Income Housing Policy. • Artessa is a mixed use multifamily ownership development with 78 units; nine will be affordable at 80 percent of Area Median Income and 69 will be market rate. The unit mix includes 14 one-bed- room plus den units, 15 two-bedroom units, and 49 three-bedroom plus den units. The nine afford- able units are comprised of one one-bedroom unit and eight one-bedroom plus den units. All units include two baths. Parking includes 128 indoor parking spaces and 34 surface spaces. STRATEGIC PRIORITIES • Preserve Existing Housing • Develop New Mixed Income Housing • Expand Access To Housing Choice And Oppor- tunity For Black, Indigenous, People of Color, And Low-Income Homeowners And Renters Artessa 43 HOUSING & REDEVELOPMENT AUTHORITY (HRA) / 2022 Annual Report 11 2023 WORK PLAN • Amenities include a great room, wellness studio, entertainment suite, theatre, patio, rooftop deck, business center, hospitality suite and two guest suites. • The affordable units will remain affordable for 40 years. • Construction is expected to begin in summer 2023 and be completed with initial occupancy in late 2024. • The total development cost is approximately $42.3 million. Sentinel Golden Valley Apartments and Wells Fargo Redevelopment: Sentinel Holdings Company pro- poses a mixed use housing and commercial devel- opment at 8200 Golden Valley Rd and 8250 Golden Valley Dr. This is the first multifamily rental develop- ment proposed under the City’s Mixed Income Hous- ing Policy. • The 303-unit mixed income multifamily rental development (Multi-Family Building, Phase 2) includes 46 units affordable at 60 percent of Area Median Income for a period of 20 years and 257 market-rate units. The units are a mix of studio, one-, two-, and three-bedroom apartments. The building will be wrapped around a 450 space parking ramp. The building will be five and six stories in height with ground level walk up units. • Amenities will include a great room, wellness studio, entertainment suite, theatre, patio, rooftop deck, business center, hospitality suite, and guest suites. • The commercial development will be the replace- ment and relocation of the Wells Fargo Bank to the southwest corner of the site (Wells Fargo Bank Building, Phase 1). • The affordable units will remain affordable for 40 years. Sentinel Golden Valley Sentinel location in downtown Golden Valley 44 12 City of Golden Valley 2023 WORK PLAN • Construction of the bank building is expected to begin in summer 2023 and be complete in spring 2024. Construction of the multi-family building is expected to begin in spring 2024 and to be com- plete within 18 to 24 months of construction start, by the end of 2025. • The total development cost is an estimated $109 million. • Continue to meet with and communicate the City’s commitment to achieving its mixed income and affordable housing goals to developers, property owners and managers, brokers, lenders, investors, and funders as well as residents and other stake- holders. • Make local resources available and/or partner with county, regional, and state government to provide resources for developers to build new affordable and market rate housing in the city. • Complete form legal agreements, program guide- lines, and affordability compliance monitoring tools with the City Attorney. Mixed Income and Affordable Housing Funding Strategies • HRA Levy: Continue the HRA Levy to support af- fordable housing and economic development. • Tax Increment Financing (TIF): Use housing or redevelopment TIF to spur development. • 4d Tax Abatement: Expand program participation and ensure long-term affordability. • Housing Bonds: Consider bonding authority if needed for affordable housing development or preservation. • Land Write-Down on Publicly Owned Property: Develop a program to provide a land write-down on property identified in the Public Land Disposi- tion Policy for affordable homeownership. • Philanthropic Funds: Connect developers to philanthropic funds for affordable housing devel- opment. • Partnership with Hennepin County, Metropolitan Council, and the State: Leverage county, regional, and state resources for affordable housing devel- opment. Local Affordable Housing Trust Fund Continue to explore the establishment of an Afford- able Housing Trust Fund with levy and other funding resources. Affordable Housing Trust Fund dollars may be dedicated to: • affordable housing development or preservation loans or grants • matching funds to leverage county, regional, state, and federal resources • rental assistance • down payment assistance • homeownership affordability or value gap funds • homebuyer counseling services Up to 10 percent of the fund may go towards admin- istrative expenses. Example of existing affordable rental housing in Golden Valley 45 HOUSING & REDEVELOPMENT AUTHORITY (HRA) / 2022 Annual Report 13 2023 WORK PLAN Housing Study and Housing Dashboard • Supervise completion of the five-year update to the housing needs study. • Update the housing dashboard that includes housing development in the city and tracks prog- ress on the City’s affordable housing goals based on the 2023 Housing Study. Affordable Ownership • Provide referrals to Hennepin County and Minne- sota Housing Programs for Down Payment Assis- tance and Rehabilitation Loans. E XPAND ACCESS TO HOUSING CHOICE AND OPPORTUNITY FOR BLACK, INDIGENOUS, PEOPLE OF COLOR, AND LOW-INCOME HOME- OWNERS AND RENTERS Home Ownership Program for Equity (HOPE) HOPE Round 1: Construction is expected to begin in summer 2023 to be available for occupancy by homebuyers in mid 2024 on three City-owned par- cels. The development agreements and the land sale transfer will be brought to the HRA and City Council for approval in May and June 2023. • 1605 Douglas Drive North: Twin Cities Habitat for Humanity in partnership with Homes Within Reach • 208 Meander Road: Greater Metropolitan Hous- ing Corporation in partnership with Homes Within Reach • 47__/4707 Circle Down: Greater Metropolitan Housing Corporation in partnership with Homes Within Reach HOPE Round 2: Construction is expected to begin in summer 2024 to be available for occupancy by home buyers in mid 2025 on four City-owned parcels. The development agreements and the land sale transfer will be brought to the HRA and City Council for ap- proval in 2023 and 2024. • 1611 Lilac Dr N: Greater Metropolitan Housing Corporation to develop four units (two duplexes) • 1131 Lilac Dr N: Magnolia Homes, LLC to develop a duplex • 1211 Lilac Dr N: Twin Cities Habitat for Humanity to develop one to two units (either a single-family home or a duplex) • 504 Lilac Dr N: Twin Cities Habitat for Humanity to develop one unit (a single-family home) HOPE Round 3: Identify additional parcels for devel- opment. The process and timeline for development of HOPE properties will be refined and improved based on the experience of Round 1. Fair Housing and Section 8 Anti-Discrimination Policy • Provide prompt and meaningful access to housing discrimination information and representation. • Prepare to adopt and enforce a Section 8 Anti-Dis- crimination Ordinance. Participate In Just Deeds • Continue active participation in the Just Deeds Coalition. Ensure Multiple Perspectives and Voices in Deci-sion-Making • Seek input from established city resident groups and commissions, including the Golden Valley Affordable Housing Coalition and others. • Evaluate various ways to authentically and regular- ly engage residents. • Connect with and seek input from those who may be most impacted by decisions related to housing programs and policies, including seniors, young people, businesses, renters, multifamily property owners, and racially and culturally diverse resi- dents. 46 14 City of Golden Valley ECONOMIC DEVELOPMENT PROMOTE REDEVELOPMENT DISTRICTS • Focus attention for redevelopment efforts to rede- velopment districts: • Douglas Drive Corridor, North Wirth • Highway 55 West, Valley Square • I-394 Corridor • Winnetka Avenue and Medicine Lake Road Promote Economic Development and Redevelopment • Work with developers and the business commu- nity to revitalize key business centers, both com- mercial and industrial. • Redevelop undervalued, underused, blighted, and/ or contaminated properties. • Recruit new businesses and industries that are complementary to the community’s existing em- ployment base. • Strengthen relationships with DEED, Hennepin County, Greater MSP, Hennepin County, and the Golden Valley Business Council to attract new business and grow existing business. • Promote economic development and redevelop- ment in the city, including: • Tax Increment Financing (TIF) • redevelopment project assistance • public/private financial packages • brownfield assistance • commercial rehabilitation/small busi- ness loans • commercial façade programs • DEED Minnesota Investment Fund (MIF) • DEED Job Creation Fund (JCF) • Metropolitan Council Livable Com- munities Demonstration Account (LCDA) • Hennepin County Transit Oriented Development (TOD) Business Assistance • Update the business assistance sub- sidy program policy, guidelines and application. STRATEGIC PRIORITIES • Promote Redevelopment Districts • Promote Economic Development And Redevel - opment • Support Entrepreneurs And Small Businesses Golden Valley’s redevelopment areas 2023 WORK PLAN 47 HOUSING & REDEVELOPMENT AUTHORITY (HRA) / 2022 Annual Report 15 SUPPORT ENTREPRENEURS AND SMALL BUSINESSES How To Start and Grow a Business in Golden Valley • Develop a communications plan to connect entre- preneurs and businesses to available resources. • Establish a media presence, including information on financial assistance, technical assistance, loca- tion assistance, and licensing. • Build relationships with local entrepreneurs and businesses. Open to Business and Elevate Business • Connect Golden Valley residents and business owners or entrepreneurs to Open to Business and Elevate Business resources. • Track the number of businesses served, including the percentage women entrepreneurs; Black, In- digenous, and People of Color entrepreneurs; and low-income entrepreneurs. Annual Business Forum • Explore holding or joining an annual business forum in partnership with the Minnesota Depart- ment of Employment and Economic Development (DEED), Minnesota Department of Labor and Industry (DLI), Hennepin County Elevate Business, MCCD Open to Business, and the Golden Valley Business Council. 2023 WORK PLAN 48 EXECUTIVE SUMMARY City Attorney 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 6, 2023 Agenda Item 3E.1. Approve PERA Settlement Agreement Prepared By Maria Cisneros, City Attorney Kirsten Santelices, Deputy City Manager/HR Director Summary Under Minnesota Statutes, section 299A.465, police officer who retires early as a result of a duty disability is entitled to employer-paid health insurance premiums until the age of 65, with the state reimbursing the City for a portion of the cost. In April 2022, PERA determined that former Police Officer Christine Sloat had suffered a duty disability and awarded her duty disability benefits, including continued health care coverage. After reviewing the facts, staff determined it was in the City’s best interest to appeal the determination and hired the law firm of Campbell Knutson to handle the litigation. The City, the employee, and the City’s workers compensation carrier, the League of Minnesota Cities Insurance Trust (“LMCIT”), attended mediation on April 5, 2023 and reached a settlement of the PERA claim in the amount of $65,000. Financial or Budget Considerations The proposed settlement is in the amount of $65,000, which would be paid from the City's benefits fund. Staff recommends approving the settlement because the total payout, including attorney’s fees, saves the City approximately $354,000 in continued healthcare coverage costs over 15 years. (This figure does not account for inflation or increases in healthcare costs. Actual savings will be greater.) Legal Considerations The proposed PERA settlement amount of $65,000 would resolve all claims for continued health care coverage and release the City from any other claims asserted by the employee related to their employment with the City. In recent years, the number of public safety employees seeking duty disability determinations through the Public Employees Retirement Association (PERA) and making workers’ compensation claims for line-of-duty injuries has accelerated. This is particularly true in the wake of a law enacted in 2019 that made PTSD a presumptive condition for workers’ compensation purposes. The City of Golden Valley has received nine such employee claims since 2021. Cities across Minnesota and the League of Minnesota Cities are concerned about these trends for the following reasons: 49 Every injury that leads to a PERA duty disability retirement or workers’ compensation claim impacts the employee, the employee’s family and the employee’s organization. The current system for processing and addressing duty disability benefits can be incompatible with the goal of restoring good health and returning employees to work because it does not require or incentivize treatment. The fiscal impact of the increasing number of claims is unsustainable for employers and, ultimately, taxpayers. The total cost of providing continuing health care coverage to the nine Golden Valley claimants is projected to be $2.2 million dollars over the next 20 years. While the state reimburses the City for a portion of this cost, the reimbursement rate in recent years has decreased due to the large number of duty disability claims statewide. For example, in 2022, the City's out of pocket cost of providing continuing health care coverage was $95,000, of which only $14,000 was reimbursed by the state. PERA's practice of approving all PTSD duty disability claims and not incentivizing or requiring treatment and rehabilitation is contributing to recruitment and retention challenges faced by public safety agencies statewide. Given these concerns, the City of Golden Valley has invested resources into mental and physical injury education, prevention and treatment for its police officers. According to experts, including those experienced with treating combat veterans, with successful treatment, many injured public safety employees can achieve optimal outcomes of restoring good health for themselves and their families and returning to work. The Minnesota Legislature is considering legislation aimed at taking care of valued public safety employees and addressing some of the concerns outlined above. HF 1234 contains important preventive measures that will optimize wellness in public safety agencies. It requires employees with PTSD symptoms to be treated before seeking a permanent duty disability so they can return to the job if possible. The bill does not take benefits away from employees who become injured. Lastly, it funds a state mandate that has become very costly to employers and, thus, taxpayers (the continued health insurance benefit under Minn. Stat. § 299A.465). The bill was passed by the House of Representatives on on May 1 and is under consideration in the Senate. Governor Walz has stated he supports the measure. Equity Considerations The City is committed to ensuring a welcoming, inclusive, and healthy work environment and understand the importance of wellness and belonging of its employees. The City will continue to review and put measures in place to facilitate wellbeing and belonging, including working with the League of Minnesota Cities to support legislation that supports preventative measures and treatment options for employees in the public safety workspace. Recommended Action Motion to approve settlement agreement between the City of Golden Valley and Christine Sloat 50 Supporting Documents PERA Settlement Agreement - Sloat 51 225903v3 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is entered into by and between Christine Sloat ("Sloat"), 6264 Sugar Mill Lane, Mound, MN 55304, and the City of Golden Valley, a Minnesota municipal corporation, 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City’) (Sloat and City are collectively referred to as the “Parties”). WHEREAS, Sloat separated from employment with the City’s Police Department on June 27, 2022 to accept PERA In the Line of Duty Disability benefits; and WHEREAS, Sloat applied with the Public Employees Retirement Association (“PERA”) for continuing health insurance coverage pursuant to Minn. Stat. §299A.465; and WHEREAS, by letter dated April 7, 2022, PERA determined that Sloat was entitled to continuing health insurance coverage (“PERA Determination”); and WHEREAS, the City appealed the PERA Determination to the Office of Administrative Hearings in a case entitled City of Golden Valley, Petitioner v. Christine Sloat and Public Employees Retirement Association of Minnesota, OAH File No. 21-3600-38584 (“Matter”); and WHEREAS, the Parties mediated this Matter on April 5, 2023, and reached a resolution; and WHEREAS, the Parties mutually desire to settle current claims and to resolve any future claims or conflicts in accordance with the results of the April 5, 2023 mediation as memorialized herein. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the relinquishment of certain legal rights, and other valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows: 1. Complete Settlement. The Parties agree to settle the Matter on a full, final, and complete basis. 2. Continued Health Insurance Coverage. Sloat shall receive a lump sum of $65,000.00. This will resolve all claims for continued healthcare coverage on a full, final, and complete basis. It is hereby expressly understood and agreed to by the Parties that payment of this amount shall be a full and complete settlement of all claims that Sloat has related to the Health Care Continuation Matter and Sloat is not entitled to continuing health insurance coverage, attorneys’ fees, expert fees and any other costs or claims related to the Matter. This amount will be paid to the Trust Account of Meuser, Yackley &Rowland, P.A., 10400 Viking Drive Suite 250, Eden Prairie, MN 55344. 3. Release of Claims. Sloat releases the City of Golden Valley of all claims deriving from her employment with the City, including the claim for continuing health insurance coverage under Minn. Stat. §299A.465. Sloat hereby fully and completely releases, acquits, 52 225903v3 and forever discharges the City, and its current and former officers, its current and former employees, and its current and former city officials, agents, representatives, insurers, attorneys, and other affiliates from any and all liability for any and all damages, actions, or claims, regardless of whether they are known or unknown, direct or indirect, asserted or unasserted, that arise out of or relate to Sloat’s employment with the City. Sloat understands and agrees that by signing this Agreement, Sloat is waiving and releasing any and all claims, complaints, causes of action, and demands of any kind that are based on or arise under her employment with the City which may include federal or state law, including but not limited to the federal constitution, the state constitution, and any federal or state statute, regulation, rule, or common law. This release of claim excludes any ongoing worker’s compensation claims. This Agreement does not modify whatever City obligations exist (if any) to defend or indemnify Sloat if she is sued based on her on-duty activities as a Golden Valley Police Officer. This Agreement also does not create any new obligations for the City to indemnify or defend Sloat. 4. No Admission of Wrongdoing. Nothing in this Agreement may be construed to be an admission of liability or wrongdoing by, against, or on behalf of the City or Sloat. Any form of wrongdoing or liability is expressly denied. 5. Insurance and COBRA. The City shall stop providing COBRA coverage and health insurance coverage to Sloat by July 1, 2023. 6. Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to the settlement of the Health Care Continuation Matter. No party has relied upon any statements, promises, or representations that are not stated in this document. No changes to this Agreement are valid unless they are in writing and signed by all parties. A copy of this Agreement will have the same legal effect as the original. 7. Binding Agreement. The terms of this Settlement Agreement shall be binding upon and be enforceable against and shall inure to the benefit of the Parties hereto jointly and severally and their heirs, successors, personal representatives, and assigns of each. In entering this Settlement Agreement, the Parties each represent that they have relied upon the advice of their attorney, who is the attorney of their own choice, concerning the legal consequences of this Settlement Agreement. 8. Counterparts. This Agreement may be signed in any number of counterparts, each of which shall be considered one and the same instrument. 9. Choice of Law, Forum and Severability. This Agreement is governed by the laws of the State of Minnesota regardless of Employee's domicile or status as a resident of Minnesota or any other state. The parties agree that the Minnesota state and federal courts will have exclusive jurisdiction over any dispute arising out of this Agreement. If a court determines that any part of this Agreement is unlawful or unenforceable, the remaining portions of the Agreement will remain in full force and effect. 53 225903v3 10. Attorneys Fees and Costs. The Parties shall bear their own attorney fees and costs through the date of this agreement. [Signature page follows.] 54 225903v3 Dated: ________________, 2023 CHRISTINE SLOAT ___________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of _______________, 2023, by Christine Sloat, the individual named in the foregoing Settlement Agreement. _____________________________________ Notary Public Dated: June 6, 2023 CITY OF GOLDEN VALLEY By:_______________________________ ____________________________ Its Mayor (SEAL) And:_______________________________ ____________________________ Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this sixth day of June, 2023, by Shepard M. Harris and Timothy J. Cruikshank, respectively the Mayor and City Manager of the City of Golden Valley, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. _____________________________________ Notary Public 55 56 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 6, 2023 Agenda Item 3E.2. Approve Professional Services Agreement for Commercial Real Estate Brokerage Services with CBRE, Incorporated Prepared By Alma Flores, Community Development Director Summary The City of Golden Valley has for many years worked toward the development of a new Fire Station and hired BKV, Inc. to provide services to hone in on locations for the siting of the Station. The location siting has been narrowed down to four locations. The Community Development Director needs to have brokerage services and representation toward the acquisition and negotiation of one or more of these locations in order to be able to move forward with acquisition and eventual development of the new fire station. Through a Request For Quotes (RFQ) process with a submittal deadline of May 8, 2023, the Community Development Department uploaded the RFQ to its website and sent personal emails to the top five commercial real estate firms in the region to be notified of the RFQ. The City received two proposals by the deadline and they were reviewed by a committee that ranked the proposals based on RFQ sections. The committee ranked CBRE the highest with a score of 91.7% while the other submittal received a score of 43.8%. CBRE will provide the City with needed market analysis, due diligence, acquisition negotiation, escrow and closing services in order for the City to control the land that will be used for the future Fire Station. Financial or Budget Considerations Acquisition Services As brokerages fees are typically paid by the selling entity, CBRE will first pursue payment from the seller at a market rate. In this case, CBRE services will be provided to the City at no out of pocket cost. In the event that the property the City wishes to acquire is unlisted, or that a commission for the buyer’s agent is not included in the seller’s representation agreement with their agent/ broker, CBRE would seek a 4% commission, payable by the City upon closing. Disposition Services In the event the City engages CBRE to sell property on its behalf, the fees will be paid by the City from proceeds of the sale set at 4% payable to CBRE. In the event the buyer is represented by a licensed broker with a verified representation agreement, the commission will increase to 6%, with the additional 2% paid to the buyer's broker. In the event that the Agreement or any particular engagement to provide the services ends without a 57 signed transaction within 30 days of that ending, CBRE shall provide the City with a list of all parties with whom CBRE was engaged in active negotiations with respect to transactions for which fees could be earned under this Agreement. CBRE shall also provide the City with written evidence of such negotiations. If within one year after such expiration or termination date, the City enters into any agreement of sale, lease, purchase, or other written agreement with a party on such list for which a fee would have been earned hereunder, CBRE shall earn the fee provided for under this Agreement to the same extent as if the services had not expired or terminated. Upon the expiration of the one year period, CBRE may present to the City for its consideration an extension of the fee protection period for any existing transactions which remain active and imminent. The City shall not be obligated to extend such period, but the Parties shall negotiate in good faith a fair compensation arrangement for the work performed by CBRE (or its Subagents) prior to termination. This paragraph shall survive the termination or expiration of our Agreement. Legal Considerations The City Attorney has provided the professional services template and has reviewed the contract for purposes of the City Council to approve. Equity Considerations The team recognized the need to make businesses aware of this RFQ opportunity and issued a full RFQ and relayed it to the top five firms in the region as a courtesy. The RFQ itself requested that there be diversity, equity, and inclusion understanding. CBRE provided a detailed response to the DEI efforts of their business. This work seeks to bring on diverse professional services and aims to provide opportunities through greater outreach. Recommended Action Motion to Approve the Professional Services Agreement for Commercial Real Estate Brokerages Services with CBRE, Inc. Supporting Documents PSA for Commercial Real Estate Brokerage Services with CBRE 58 PROFESSIONAL SERVICES AGREEMENT FOR CBRE Commercial Real Estate Brokerage Services THIS AGREEMENT is made this June 6, 2023 (“Effective Date”) by and between CBRE Inc. Commercial Real Estate Services (C/O Ann Rahm) of Minneapolis, MN (“Consultant”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Consultant is engaged in the business of commercial real estate advisory and transaction services and will follow all applicable laws, including the Minnesota Sale Disclosures (Exhibit C). B. The City desires to hire Consultant to provide commercial real estate brokerage services to represent the city on its real estate acquisition and disposition needs. CBRE will also provide necessary market analysis and due diligence services to inform the city of Golden Valley’s acquisitions and disposition decisions. C. Consultant represents that it has the professional expertise and capabilities to provide the City with the requested services. D. The City desires to engage Consultant to provide the services described in this Agreement and the RFQ Approach to Project submittal, and Consultant is willing to provide such services on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and Consultant agree as follows: AGREEMENT 1. Services. Consultant agrees to provide the City with insights into the overall market for feasibility, purchase and development of similar sites to refine pricing expectations and begin to inform negotiation strategies; negotiate with potential sellers in coordination with city staff and city attorney; in-person participation and drafting of city council presentations of terms; and due diligence, escrow and closing proceedings corresponding to Exhibit B: RFQ Proposal Submitted on May 8, 2023 as mutually agreed to by Consultant and the Community Development Director for Golden Valley or their designee (the “Services”). All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. 2. Term. This Agreement shall remain in force and effect commencing from the effective date and continuing until terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall agree to pay and Consultant agrees to accept as compensation for services provided pursuant to this Agreement the fee as set forth in Exhibit A, subject to the terms and conditions in Exhibit A. 4. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; 59 c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Consultant’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Consultant for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 5. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 6. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that the books, records, documents, and accounting procedures and practices of Consultant, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Consultant shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 7. Indemnification. To the fullest extent permitted by law, Consultant, and Consultant’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; or costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Consultant’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Consultant, or arising out of Consultant’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 8. 9. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; Business Auto Liability in an amount not less than $1,000,000.00 per occurrence; Professional Liability in an amount not less than $1,000,000.00 per occurrence; and Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence for bodily injury or death arising out of each occurrence, and $1,000,000.00 per occurrence for property damage, $2,000,000.00 aggregate. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment. 10. Assignment and Subcontracting. Neither the City nor Consultant shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in 60 this paragraph shall prevent Consultant from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this Agreement. Any instrument in violation of this provision is null and void. 11. Independent Contractor. Consultant is an independent contractor. Consultant’s duties shall be performed with the understanding that Consultant has special expertise as to the services which Consultant is to perform and is customarily engaged in the independent performance of the same or similar services for others. Consultant shall provide or contract for all required equipment and personnel. Consultant shall control the manner in which the services are performed; however, the nature of the Services and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Consultant is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All services provided by Consultant pursuant to this Agreement shall be provided by Consultant as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 12. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to provide the Services. Consultant’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Consultant agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 13. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall constitute the entire agreement between the City and Consultant, and supersedes any other written or oral agreements between the City and Consultant. This Agreement may only be modified in a writing signed by the City and Consultant. If there is any conflict between the terms of this Agreement and the referenced or attached items, the terms of this Agreement shall prevail. 14. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 15. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 16. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Consultant shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Services. 17. Work Products and Ownership of Documents. All records, information, materials, and work product, including, but not limited to the completed reports, data collected from or created by the City or the City’s employees or agents, raw market data, survey data, market analysis data, and any other data, work product, or reports prepared or developed in connection with the provision of the Services pursuant to this Agreement shall 61 become the property of the City, but Consultant may retain reproductions of such records, information, materials and work product. Regardless of when such information was provided or created, Consultant agrees that it will not disclose for any purpose any information Consultant has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or interests in any intellectual property created by Consultant prior to the effective date of this Agreement; however, to the extent Consultant generates reports or recommendations for the City using proprietary processes or formulas, Consultant shall provide the City (1) factual support for such reports and recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the obligations in this paragraph shall survive the completion or termination of this Agreement. 18. Agreement Not Exclusive. The City retains the right to hire other professional consultant service providers for this or other matters, in the City’s sole discretion. 19. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant, created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (the “MGDPA”). Consultant agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Consultant to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 20. Confidentiality. Consultant understands that the City has access to, develops, and uses private, confidential, nonpublic, and protected nonpublic information, as those terms are defined by the MGDPA, in connection with its business (collectively, “Confidential Information”). The City has instituted policies and procedures to protect and safeguard this Confidential Information. While working for the City under this Agreement, Consultant may come into contact with Confidential Information. Consultant understands that the protection of Confidential Information is required by law and is a requirement of their relationship with the City. Accordingly, Consultant agrees as follows: 20.1 During the term of this Agreement and after the termination of Consultant’s relationship with the City: (a) Consultant will keep secret all Confidential Information and will not directly or indirectly disclose it to anyone outside the City; (b) Consultant will not make use of any Confidential Information for their own purposes or for the benefit of anyone other than the City; and (c) upon termination of Consultant’s relationship with the City, Consultant will promptly deliver to the City all memoranda, notes, records, and other documents (and all copies thereof) constituting or relating to Confidential Information. 20.2 If Consultant breaches or threatens to breach any provisions of paragraph 18.1, the City has the right to enforce this Agreement in any court having jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Minnesota. 20.3 This Agreement is not intended to prevent Consultant from working for any employer subsequent to the termination of their relationship with the City, as long as Consultant does not use or disclose Confidential Information. 21. No Discrimination. Consultant agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Consultant agrees to comply with the Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Consultant agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees 62 and staff time, in any action or proceeding brought alleging a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Consultant shall provide accommodation to allow individuals with disabilities to participate in all Services under this Agreement. Consultant agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 22.Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 23.Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 24.Publicity. At the City’s request, the City and Consultant shall develop language to use when discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Consultant shall not use the City’s logo or state that the City endorses its services without the City’s advanced written approval. 25.Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 26.Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Consultant did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Consultant, described in this Agreement, personally. 27.Counterparts and Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as original signatures. 28.Recitals. The City and Consultant agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. CBRE, INCORPORATED By: _________________________________ Anne Rahm, Midwest Regional Manager CBRE Public Institutions and Education Solutions CITY OF GOLDEN VALLEY: By:_________________________________ Shepard M. Harris, Mayor By:_______________________________ Timothy J. Cruikshank, City Manager 63 Exhibit A Acquisition Services CBRE will first pursue payment from the seller at a market rate, as brokerage fees are typically paid by the selling entity. In this case our services will be provided to the City at no out of pocket cost. In the event that the property the City wishes to acquire is unlisted, or that a commission for the buyer’s agent is not included in the seller’s representation agreement with their agent/ broker, CBRE would seek a 4% commission, payable by the City upon closing. Disposition Services In the event the City engages CBRE to sell property on its behalf, our fees will be paid by the City from proceeds of the sale, set at 4% payable to CBRE. In the event the buyer is represented by a licensed broker with a verified representation agreement, the commission will increase to 6%, with the additional 2% paid to the buyer's broker. In the event that our Agreement or any particular engagement to provide the Services ends without a signed transaction, within 30 days of that ending, CBRE shall provide the City with a list of all parties with whom CBRE was engaged in active negotiations with respect to transactions for which fees could be earned under this Agreement. CBRE shall also provide the City with written evidence of such negotiations. If within one year after such expiration or termination date, the City enters into any agreement of sale, lease, purchase, or other written agreement with a party on such list for which a fee would have been earned hereunder, CBRE shall earn the fee provided for under this Agreement to the same extent as if the Services had not expired or terminated. Upon the expiration of the one year period, CBRE may present to the City for its consideration an extension of the fee protection period for any existing transactions which remain active and imminent. The City shall not be obligated to extend such period, but the Parties shall negotiate in good faith a fair compensation arrangement for the work performed by CBRE (or its Subagents) prior to termination. This paragraph shall survive the termination or expiration of our Agreement. 64 Exhibit B: RFQ PROPOSAL SUBMITTAL 65 MAY 8, 2023 Commercial Real Estate Brokerage Services Proposal for Acquisition Services - New Fire Station CBRE, Inc. 323 Washington Avenue North Suite 200 Minneapolis, MN 55401 Contact: Anne Rahm Midwest Regional Manager CBRE Public Institutions & Education Solutions C +1 313 808 0717 | anne.rahm@cbre.com 66 CBRE © 2023 All Rights Reserved. All information included in this proposal pertaining to CBRE—including but not limited to its operations, employees, technology and clients—are proprietary and confidential, and are supplied with the understanding that they will be held in confidence and not disclosed to third parties without the prior written consent of CBRE. This letter/proposal is intended solely as a preliminary expression of general intentions and is to be used for discussion purposes only. The parties intend that neither shall have any contractual obligations to the other with respect to the matters referred herein unless and until a definitive agreement has been fully executed and delivered by the parties. The parties agree that this letter/proposal is not intended to create any agreement or obligation by either party to negotiate a definitive lease/purchase and sale agreement and imposes no duty whatsoever on either party to continue negotiations, including without limitation any obligation to negotiate in good faith or in any way other than at arm’s length. Prior to delivery of a definitive executed agreement, and without any liability to the other party, either party may (1) propose different terms from those summarized herein, (2) enter into negotiations with other parties and/or (3) unilaterally terminate all negotiations with the other party hereto. CBRE and the CBRE logo are service marks of CBRE, Inc. and/or its affiliated or related companies in the United States and other countries. All other marks displayed on this document are the property of their respective owners. 2 Cover Letter 3 Mission, Vision, & Values 4 Company’s Prior Experience 25 Qualifications of Key Personnel 30 References 31 Cost Proposal Table of Contents 1 GOLDEN VALLEY, MN + CBRE 67 CBRE, Inc. Advisory & Transaction Services May 8, 2023 Alma Flores, Community Development Director, City of Golden Valley 7800 Golden Valley Road | Golden Valley, MN 55427 aflores@goldenvalleymn.gov Re: Request for Proposals: Commercial Real Estate Brokerage Services Dear Ms.Flores, On behalf of CBRE, Inc., thank you for the opportunity to respond to your RFP to provide professional commercial real estate brokerage services in support of your acquisition of a site for a new fire station in support of the brave men and women of the Golden Valley Fire Department. We understand that the City has undertaken a significant pre-planning and location analysis process to uncover the optimal locations for the new station based on response times, land availability, recruitment opportunities, neighborhood impact, sustainability, and other important factors. CBRE offers Golden Valley an ideal value proposition - local experts who have recently represented $295M+ in recent purchases and sales of commercial properties in Golden Valley, and the resources, expertise, and service approach of the world’s leading commercial real estate services provider. In addition our team on this proposal specializes in representing government clients in their commercial real estate transactions in support of mission-critical service delivery. As part of this process and in this proposal CBRE offers: –professionals from our Public Institutions & Education Solutions team, specializing in providing acquisition and development services to public sector clients such as Ramsey County MN, the State of Minnesota, Wayne County MI, Sedgwick County, KS, Butler County OH, and many others. We understand the public sector process, need for transparency, bond issues, Board requirements, and public engagement concerns and are prepared to support you throughout this project. –market leading brokerage specialists from our Advisory & Transaction Services platform transacting over $3.5B in total transaction value in the Twin Cities last year, providing the best available market intelligence and insights to put Golden Valley in the optimal negotiating position for the project –a corporate culture in support of your values of social equity, inclusion, and justice. At CBRE, we take our leadership role in the real estate industry to heart. We recognize the impact we have on our communities, clients, employees and stakeholders. Our initiatives are key to building a more just and sustainable future that includes everyone. As Managing Director of CBRE’s Minneapolis office, I am authorized to sign this proposal and any resulting contract on the company’s behalf. Please contact Anne Rahm, our Account Lead for this contract at +1 313 808 0717 and anne.rahm@cbre.com with any next steps. We are excited about this project and confident that we can substantially support and catalyze your process and negotiation to achieve your service delivery goals for your citizens and stakeholders. Sincerely, Jeff Jiovanazzo Jeff Jiovanazzo Managing Director, CBRE | Minneapolis Cover Letter: Describe the company’s mission, vision, and values and how they align with the mission, vision, and values of the City of Golden Valley. 323 Washington Avenue North Suite 200 Minneapolis , MN 55401 jeff.jiovanazzo@cbre.com anne.rahm@cbre.com Cover Letter 2 GOLDEN VALLEY, MN + CBRE 68 In Partnership Mission: The City of Golden Valley delivers high-quality, responsive services to ensure the community remains a vibrant and welcoming environment in which to live, work, and play. Creating the real estate solutions of tomorrow, so businesses and people thrive. A focus on quality and the people behind the organizations. Vision Golden Valley strives to creatively connect people and places, preserve and enhance community resources, and nurture opportunities for all. Realizing potential in every dimension. Our partnership with our clients goes far beyond a single transaction. With deep market knowledge, unmatched data and proprietary technology our multi-dimensional perspective enables every client and partner to maximize their organizational outcomes and realize greater success. We provide world-class services and insights in support of your vision. Values: –Communication –Community –Inclusion –Integrity –Respect –Innovation –Courage –Accountability We conduct business the right way every day by embodying our RISE values: Respect: We act with consideration for others’ ideas and share information openly to inspire trust and encourage collaboration. Integrity: No one individual, no one deal, no one client, is bigger than our commitment to our company and what we stand for. Service: We approach our clients’ challenges with enthusiasm and diligence, building long-term relationships by connecting the right people, capital and opportunities. Excellence: We focus relentlessly on creating winning outcomes for our clients, employees and shareholders. With a mutual focus on doing the right thing every day and building a culture of inclusion and equity, CBRE and Golden Valley unite to form a mutually beneficial partnership and exceptional outcomes for your citizens. Mission, Vision, & Values: Culturally Aligned We have reviewed your RFP and the January 10, 2023 Remote Fire Station Site Location Analysis & Pre-Design presentation, and are pleased to note the alignment of our mission, vision, and values with that of Golden Valley: 3 GOLDEN VALLEY, MN + CBRE 69 Describe company’s prior experience providing similar services described in this RFQ. Company’s Prior Experience • • • • • • • • • 4 GOLDEN VALLEY, MN + CBRE 70 • • • • • • • • • • • • • • • 5 GOLDEN VALLEY, MN + CBRE 71 Diversity, Equity, and Inclusion At CBRE, we are addressing Diversity, Equity, and Inclusion (DE&I) the same way we approach every business imperative for CBRE and our clients: with an intentional focus on measurable results, innovation, and bold action. Our focus on DE&I is strategic, intentional, and forward thinking. As a global organization, we are moving with rigor to advance measurable progress for this critical issue. Our commitment to advancing long-term change in our industry and creating a path to success for all our employees, clients, and suppliers is unwavering. In the summer of 2020, CBRE named Tim Dismond the company’s first global Chief Diversity Officer. This position includes an appointment to the Executive Committee and reports directly to our CEO. In early 2021, he was promoted to serve as CBRE’s Chief Responsibility Officer. In 2020, we also created our Global Executive Inclusion Council, a senior leadership team committed to enabling our DE&I strategy, championing initiatives, and helping achieve outcome-based performance metrics. Across CBRE, we are an increasingly diverse workforce as a result of strategies to attract and retain top talent. Women have increased their share of our global management team by nearly 20% increase over the past three years. 70% of our board of directors is diverse and 40% of our board of directors is specifically ethnically/racially diverse. To increase the diversity of our workforce, we are expanding initiatives like our diverse slates and interview panels, talent accelerator programs designed to train and develop employees, and diversity dashboards to track our progress. In 2021 we increased the number of new, diverse interns by 33% through our DE&I program, which works with various institutions including Historically Black Colleges and Universities (HBCUs). Our policy provides that a candidate with a diverse background should be included at the in-person interview stage for all positions at the Director level and above; the interview panel for all positions at the Director level and above should include a person with a diverse background; at least one diversity- and inclusion-focused hiring objective is included in all performance appraisals for Director level and above employees. Our leadership succession plans include diverse successors, and we are implementing targeted development plans. The advancement of racially and ethnically diverse employees is a component of the performance objectives for our CEO Bob Sulentic’s direct reports and is a factor in their compensation. In addition, we have made diversity recruiting the responsibility of every member of the recruiting team. Recruiters’ efforts to support diversity recruiting are included as part of their performance evaluation. We are also increasing our global team’s DE&I capabilities through training and resources. Our 2021 global inclusive training was provided in 32 languages and made available to all our people. 94% of our executive team members completed unconscious bias training and an intercultural self- assessment. Nearly 80% of managers completed the unconscious bias training. One way we advance workplace diversity is through our various employee network groups, which have been an important part of our success for more than 15 years. Employee Business Resource Groups (EBRGs) create impact by helping advise on professional development, as well as recruiting and retaining diverse talent. Our EBRGs are instrumental to the accomplishments of our business. Globally, CBRE has 16 EBRGs with more than 17,000 members. In the Americas, these groups include: –Abilities EBRG –Asia Pacific Network –Black Excellence –CBRE Military –Faith Network Americas –HOLA (Hispanics Organized to Leverage our Advantage) –Indigenous Network –LGBTQ & Allies –Rising Professionals Organization –Women's Network “CBRE’s North Star is creating the real estate solutions of tomorrow, so businesses and people thrive. That can only happen when we’re creating a future that is equitable, healthy, sustainable—and includes everyone.” Tim Dismond, Chief Responsibility Officer 6 GOLDEN VALLEY, MN + CBRE 72 GlobeSt—a national source for commercial real estate news, analysis, and intelligence—has named CBRE one of the “Best Places to Work” in commercial real estate. Aside from conventional benchmarks (e.g., standard health benefits and general work environment), GlobeSt also assesses inclusion and belonging, employee advocacy, diversity, collaboration and creative work—attributes that contribute to CBRE’s greater workplace culture. We are proud to have received the following recognition in support of our people working in Golden Valley and around the globe: –Bisnow: Rise award 2022 honoree for impactful DEI programs –Disability Equality Index: Recognized as a Best Place to Work for Disability Inclusion and earned a top score –Top 100 Internship Program: Selected as a 2022 Top 100 Internship Program in the United States –WEConnect International: 2022 Top Global Champion for Supplier Diversity & Inclusion –Mortgage Bankers Association: 2023 Organizational DE&I award; second time receiving the award –Bloomberg: Named to Gender-Equality Index four years in a row –Human Rights Campaign: Best place to work for LGBTQ Equality and received a perfect score for the ninth straight year on the Corporate Equality Index –Dallas Business Journal Outstanding Diversity & Inclusion Organization –JUST Capital: 2022 list of America’s Most Just Companies and #1 real estate company supporting communities Helping Communities and People Thrive We are committed to supporting those in need through community outreach and volunteering, disaster-response initiatives, and locally driven, regionally-sanctioned programs. CBRE Cares is the company’s philanthropy and volunteer program focused on making a difference in the communities where our employees live and work. CBRE matches employee donations dollar-for- dollar up to $1,000 per employee annually for eligible organizations which do not discriminate on any basis. CBRE Cares Chapters are led by employee volunteers and are responsible for organizing and promoting volunteer and fundraising events for their respective regions. Our People Come First 43,954 Volunteer hours donated by CBRE employees in 2022 In 2023, CBRE will continue to financially support and partner through volunteerism with nonprofit organizations as part of our Community Impact Initiative. Please click here for more information about how CBRE is working with community organizations to tackle climate change and better the communities where we live and work. 7 GOLDEN VALLEY, MN + CBRE 73 Golden Valley and the Twin Cities’ premier brokerage firm #1 market share in the Twin Cities Active in the Golden Valley area since 1974 1400+ transactions in the area since 2020 $283M+ in transaction value Represented by CBRE for purchases, sales, and leases across all property types in Golden Valley since 2020 800+ employees Serving Golden Valley, St Louis Park, and the Twin Cities $259M+ in purchases and sales Represented by CBRE across all property types in Golden Valley since 2020 46+ acres Represented by CBRE for purchase and sale in Golden Valley since 2020 Minnesota’s Sweet Spot CBRE began operations in the Golden Valley/Minneapolis/St. Paul area in 1974. CBRE leads the region with hundreds of professionals working together delivering superior service to our clients through diverse service lines; we combine brokerage, capital markets, institutional, land, corporate services, property management, facilities management, valuation, project management and financial services more effectively than any other commercial real estate company in the world. 8 GOLDEN VALLEY, MN + CBRE 74 12 3 4 5 6 78 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 15500 Wayzata Blvd 25500 Wayzata Blvd 38459 10th Ave N 48459 10th Ave N 55500 Wayzata Blvd 61000 Boone Ave N 75500 Wayzata Blvd 85900 Golden Hills Dr 95500 Wayzata Blvd 105500 Wayzata Blvd 115900 Golden Hills Dr 12701 Xenia Ave S 138437 10th Ave N 148437 10th Ave N 155500 Wayzata Blvd 168401 Wayzata Blvd 175500 Wayzata Blvd 181000 Boone Ave N 195500 Wayzata Blvd 205500 Wayzata Blvd 215500 Wayzata Blvd 221000 Boone Ave N 231000 Boone Ave N 24 6944 Wayzata Blvd 25 250 Turners Xrd S 26 5900 Golden Hills Dr 27 2580 Hillsboro Ave N 28 7001 Golden Valley Rd 29 1123 Douglas Dr N 30 5500 Wayzata Blvd Powered by Esri, © Mapbox, © OpenStreetMap, © MAXAR CBRE Transactions in Golden Valley, 2020 - Present CBRE is highly active in Golden Valley, transacting $259M+ in purchases and sales in the City since 2020. We have summarized these projects in the below map. Duplicate addresses denote multiple transactions at that location. CBRE has better knowledge of the market, thanks to unparalleled access to comparables, vacancies, future vacancies and opportunities, market/tenant activity, and insight into owners and developers. This leverage means we can make more informed, strategic recommendations, and provide expert insight for our partnership with Golden Valley. 12 3 4 5 6 78 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 5500 Wayzata Blvd 2 5500 Wayzata Blvd 3 8459 10th Ave N 4 8459 10th Ave N 5 5500 Wayzata Blvd 6 1000 Boone Ave N 7 5500 Wayzata Blvd 8 5900 Golden Hills Dr 9 5500 Wayzata Blvd 10 5500 Wayzata Blvd 11 5900 Golden Hills Dr 12 701 Xenia Ave S 13 8437 10th Ave N 14 8437 10th Ave N 15 5500 Wayzata Blvd 16 8401 Wayzata Blvd 17 5500 Wayzata Blvd 18 1000 Boone Ave N 19 5500 Wayzata Blvd 20 5500 Wayzata Blvd 21 5500 Wayzata Blvd 22 1000 Boone Ave N 23 1000 Boone Ave N 24 6944 Wayzata Blvd 25 250 Turners Xrd S 26 5900 Golden Hills Dr 27 2580 Hillsboro Ave N 28 7001 Golden Valley Rd 29 1123 Douglas Dr N 30 5500 Wayzata Blvd Powered by Esri, © Mapbox, © OpenStreetMap, © MAXAR 9 GOLDEN VALLEY, MN + CBRE 75 Public Institutions & Education Solutions CBRE’s Public Institutions & Education Solutions (PIES) team exclusively focuses on the commercial real estate needs of the public and higher education sectors, providing complex brokerage, consulting, and representation on over 100 active contracts in 25 states. This experience gives us insight and familiarity with the strategies and processes that work best for public clients, the challenges you commonly face, and the importance of executing transactions at the highest standard and value. CBRE’s PIES team represents several relevant entities including Ramsey County, MN, the State of Minnesota, Wayne County, MI, Sedgwick County, KS, Adams County, CO, Pinellas County, FL, Duval County Public Schools, FL, Travis County, TX, Arlington County, VA, and Los Angeles County, among many others. Public sector clients engage CBRE because of our unmatched experience and credibility advising on mission-oriented real estate portfolios locally, regionally, and nationally. 20+team members CA WA AZ COUT IA OH MI ME NH MA PA CT NJ FL NY MDDC VA NM TX NCTN SC WI OR IL MN Los Angeles County Los Angeles Unied School Distric t Orange County Transportation Authority Orange County City of Ft. Myers City of San Diego US Navy City of Sacramento City of Reno City of Santa Rosa King County City of Portland City of Seattle City of Los Angeles Arlington County City of Miami Town of Palm Beach City of New York Dormitory Authority of the State of New Yo rk Alexandria City Public Schools City of Hollywood Fulton County Atlanta Public Schools City of Atlanta City of Richmond City of Detroit City of Ann Arbor City of Miami Beach City of Hallandale Beach City of Bonita Springs Maricopa County City of Phoenix City of Tucson Texas Department of Transportation Hays County Austin Independent School District City of Austin Houston ISD City of Tulsa Minneapolis Public Schools City of Indianapolis City of Chicago County of Fond du Lac City of Pensacola City of Mobile City of Cape Coral Dallas County Dallas Area Rapid TransitDallas Independent School District Harris Health Network JPS Health Harmony Public Schools Employee Retirement System of Texas Teacher Retirement System of Texas Travis County CPS Energy Texas General Land O ce Metropolitan WashingtonAirports Authority North Carolina League of Municipalities & Association of County Commissioners Te xas Facilities Commission PR Commonwealth of Puerto RicoCity & County of Honolulu North County Transit District US Navy City of Chattanooga City of Miami Gardens Pinellas County City of Dallas Bexar County City of Garland City of El Paso City of Glendale City of Avondale Sonoma County Multnomah CountyTriMet Transit Authority City of Acadia City of Azusa City of Oxnard Alameda Unied School Distric t City of Las Vegas Mott Community College City of Norton Shores Franklin University Wayne County Chicago Metropolitan Agency for Planning PA State System of Higher Education Milwaukee County City of Dearborn City of Westland Dorchester County, SC Green shading denotes State-level clients City of Hialeah City of Coral Springs Sound Transit Metro Tulsa Transit Authority Atlanta Housing Authority City of Myrtle Beach, SC City of Orlando City of Annapolis Cuyahoga County West VirginiaUniversity Henrico County City of Ocala VIA Transit Tarrant County Port of San Diego Arizona State University Ramsey County Oklahoma City Airport Trust City of Little Rock Kansas City Area Transit AuthorityJohnson County Airport Commission Adams County Douglas CountyPublic School District Ability Connection ColoradoDenver International Airport Johnson & Wales University Pagosa Springs Durango School District City of Boulder Colorado Department of Transportation City of DraperCity of South Salt Lake City of Ft. Lauderdale Broward County JEA Jackson Health System Downtown Investment AuthorityDuval County Public Schools City of Jacksonville Baptist Healthcare Tallahassee International Airport Hillsborough County Public Schools City of Tallahassee Port of Tampa BayFlorida Housing Commission Denver Public Schools Oregon State University Englewood School District Minnesota State Colleges & Universities City of Pontiac Central Ohio Transit AuthorityButler CountyParkway School District SedwickCounty City of Bellevue Parkway School System 25 states 50+ cities & counties 100+ million square feet transacted STRATEGIC PLANNING Portfolio- wide or site- specific optimization analysis and action plans +Facility Condition Assessments +Occupancy Studies +Highest and Best Use Analyses +Valuation +Portfolio Review +Benchmarking +Asset Inventory +Recommendations DEVELOPMENT ADVISORY & P3S Accessing private sector capital to generate revenue and reduce costs +Project Preparation +Visioning and Stakeholder Input +Feasibility Analysis & Modeling +RFQ/RFP Preparation +Transparent, Competitive Process +Market Engagement +Bid Evaluation Support +Negotiation +Design Liaison Services LEASING Advanced planning, site selection and business case development, negotiation, and relocation +Lease vs Buy Analysis +Consolidation Opportunities +Site/Building Due Diligence +Landlord Due Diligence +Site Comparison +Location Analytics +Space Planning/Test Fits +Negotiation ACQUISITION & DISPOSITION Disposition of surplus property, land swaps, build to suits, consolidations and relocations +Broker Opinions of Value +Cost/Benefit Analysis +Professional Marketing Materials +Broad Marketing Reach +All Property Types: Courthouses, Land, Prisons, Buildings, Ports, etc +Transaction Structuring +Public & Transparent Process Clients like Golden Valley engage CBRE to provide services such as: Financing Strategies Creative financing to reduce costs and maximize flexibility –Credit-tenant leases –Bond considerations –Finance Leases –Sale/Leasebacks –Ground Leases –Tenant Improvement Financing 10 GOLDEN VALLEY, MN + CBRE 76 Sample Case Studies for Government Clients Sample acquisitions and advisory assignments represented by CBRE for similar clients Sedgwick County, KS Site selection and acquisition of four acres of land for 40,000 SF Crisis Center facility in downtown Wichita Ramsey County, MN Acquisition of 17 acres land for Environmental Service Center and satellite location State of Minnesota Capitol Complex Space Utilization and Portfolio Optimization Analysis Wayne County, MI Acquisition of land for police department firing range City of Fort Myers, FL Acquisition of property for police station development City of Chattanooga, TN Acquisition of site for homeless shelter facility 11 GOLDEN VALLEY, MN + CBRE 77 Sample Recent Land Transactions, MN Buyer Seller Location Size/Type Price Closing Date Bryan Owens Mayo Clinic 113 Main St, Grand Meadow, MN 3,020 building on .17 acres $85,000 4/2023 Winona County Fair Assoc Amerigas Loopnow St, St Charles, MN 1.18 acres $35,000 3/2022 Trident Chaska Investment 1130 Hazeltine Blvd Chaska, MN 4.74 acres to develop 112 units $2,100,000 1/2023 Eye Doctor Mayo Clinic Cameron, WI 4.57 acres $60,000 1/2023 Investor USLBM Spooner, WI 5,000 SF on .25 acres $55,000 1/2023 MTL Corp MAC Long Meadow Circle and Old Shakopee Road Bloomington, MN 11.91 acres for development of lab and office space $4,100,000 1/2023 Greco Eagle Ridge 6901 Flying Cloud Dr Eden Prairie, MN 15.24 acres (7 net acres) to develop 425 apartment units $8,500,000 11/2022 Realty Acquisition & Development Mayo Clinic Eau Claire, MN 5.23 acres of commercial/office land $1,325,000 11/2022 Vincent Development Healey Ramme Burnsville, MN 4.8 acres to build 174 55+ apartments $2,000,000 10/2022 Continental Properties H & W/Atlantic Funding LLC Lakeville, MN 264 market rate units on 19.59 acres $2,900,000 10/2022 Continental Properties Company LS Black CR 41 & Oakridge Dr, Chaska, MN 27.5 acres for development of market rate apartment $7,962,000 10/2022 Frana Construction Family Trust CR 3 & CR 46, Rosemount, MN 19.10 gross acres of industrial land $1,339,000 9/2022 M/I Homes Oppidan and City of West St Paul West St Paul, MN 58 townhomes on 5.89 acres $533,000 9/2022 Alatus Wilder Foundation 411 Lexington Parkway, St Paul, MN 2.05 acres to develop 304 mixed income apartment units $2,500,000 8/2022 Hempel McGough 7781 Amana Trail, Inver Grove Heights, MN 14,440 SF of retail on 20.47 acres $4,650,000 7/2022 Engineering Firm Excelsior Group 4300 Fountain Hills Dr, Prior Lake, MN 7.01 acres gross/1.89 acres net $275,000 7/2022 Pulte Homes Private Investors Hackamore & CR 101, Corcoran, MN 32.57 acres consisting of 82 townhomes and 47 single family homes $7,750,000 7/2022 Buhl Investors Transition Networks 10900 Red Circle, Minnetonka, MN 99,584 SF office/warehouse building on 7.46 acres $6,500,000 6/2022 Real Estate Equities Hill Murray School Foundation 830 Wildwood Road, Mahtomedi, MN 3.75 acres to develop 110 mixed income apartment units $1,450,000 5/2022 Ron Clark Homes Golden Valley Country Club Pennsylvania Ave and Plymouth Ave, Golden Valley, MN 1.5 acres to develop 7 villas $1,275,000 4/2022 Tidal Wave Car Wash Investment Group 548 and 564 Olive St, Waconia, MN 1.13 acres for new car wash $700,000 3/2022 Investor Investment Group Woodland Parkway and Lexington Ave, Blaine, MN 1.7 acres of commercial land $275,000 3/2022 Stories Foundation City of Ramsey Ramsey, MN 0.52 acres for new office/retail $67,953 12/2021 Roers Beltline Properties 3510 Beltline Blvd, St Louis Park, MN 177 55+ residential housing units with 4,000 SF of commercial on 3.29 acres $5,000,000 12/2021 12 GOLDEN VALLEY, MN + CBRE 78 Buyer Seller Location Size/Type Price Closing Date Owner/User Family Trust Little Canada, MN 2,69 acres of industrial land $380,000 11/2021 Opus Beltline Partners 3440 Beltline Blvd, St Louis Park, MN 250 units plus 7700 SF of commercial on 3.94 acres $6,943,750 11/2021 Anandale IMH Apple Valley, MN 1.48 acres of retail land $650,000 11/2021 Continental Properties White Star Farms Oakdale, MN 15.53 acres for development of 280 rental units off Ideal Ave and 36th St N $7,000,000 10/2021 Developer Family Estate Stillwater Oaks Golf Course, Grant, MN 148 acres-to be redeveloped into large lot residential $1,400,000 9/2021 Trilogy RE Group Family Partnership Hopkins, MN, Blake and Excelsior 6.41 acres redevelopment for 700 apartments and 30,000 SF commercial $14,177,590 9/2021 Developer Mormon Church Pine City, MN 13.36 acres of farmland $35,000 9/2021 Senior Housing Developer Real Assets Champlin, MN 2.45 acres $500,000 8/2021 Investor The Works Bloomington, MN 43,857 SF office building, 2.14 acres $2,450,000 8/2021 David Weekley Homes U of St Thomas Orono, MN 3.69 acres for development of 36 townhomes $924,000 8/2021 Java Development City of Ramsey Ramsey, MN 0.75 acres for development of national auto part store $228,900 7/2021 GiGi’s Salon City of Ramsey Ramsey, MN 1.5 acres for new hair salon $247,324 7/2021 Pulte Homes Devney Trust Lakeville, MN 10 acres for 85 townhomes $1,935,000 6/2021 Roers Dakota County CDA Apple Valley 4.77 acres for 176 senior housing units $3,000,000 4/2021 Pulte Homes Canterbury Shakopee, MN 11.3 acres for townhomes $2,400,000 4/2021 Lennar Developer Ramsey, MN 30 acres $1,800,000 4/2021 Pulte Homes Developer Blaine, MN 8.5 acres for townhomes $950,000 4/2021 Sola Salon Inland Coonstruction Eagan, MN 1.34 acres for development of new hair salon $525,000 3/2021 David Weekley Homes Healey Ramme Burnsville, MN 5.5 acres for 56 townhomes $1,283,000 3/2021 Trilogy Investor 2841 Hennepin Ave, Minneapolis, MN .74 acres with 5100 SF building for mixed-use development $5,800,000 2/2021 Now Boarding MAC 6002 S 28th Ave, Minneapolis, MN 30,000 SF on 3 acres $1,050,000 1/2021 Watermark Equity Group IMH Robert Trail and CR 70, Inver Grove Heights, MN 39.55 acres for single family rental housing $1,800,000 12/2020 Stadium Village Church United Properties 3300 University Abe, Minneapolis, MN 31,854 SF on 0.94 acres $3,905,000 12/2020 Stencil Development Dakota CDA Burnsville, MN 4.83 acres for apartment development $750,000 11/2020 Fairview Health Prince of Peace 13901 Fairview Dr, Burnsville, MN 11.12 acres with 58,000 SF building $6,550,000 10/2020 Investor TUV SUD 19333 Wild Mountain Road, Taylor Falls, MN 6,300 Sf building on 17.4 acres $161,500 10/2020 Waterstreet Partners McCain Family St Louis Park, MN 8.01 acres/97,551 SF in 5 buildings, Beltline Portfolio $11,829,000 9/2020 13 GOLDEN VALLEY, MN + CBRE 79 Buyer Seller Location Size/Type Price Closing Date Trinity Development Excelsior Group Prior Lake, MN 4.62 acres for memory care bldg. development $402,494 8/2020 David Weekley Homes City of Anoka Anoka, MN 10 acres for 54 SF homes $816,000 8/2020 Pulte Homes Ryan Companies St Paul, MN 8.5 acres for 160 rowhomes $10,300,000 8/2020 Pulte Homes Schmitt Trust Waconia, MN 36 acres for single family residential $1,200,000 7/2020 Kwik Trip Dakota County CDA Burnsville, MN 1.86 acres for new gas, c-store $800,000 4/2020 Hampton Companies Dakota County CDA West St Paul, MN 1.36 acres to build high acuity facility $575,000 2/2020 Continental Property Group Alan Dale Lake Elmo, MN 17.19 acres for 300 apartment units $4,537,000 2/2020 Kwik Trip RPS Legacy Lake Elmo, MN 2.27 acres for new Kwik Trip store $890,766 1/2020 Ryan Companies Ford Motor Co St Paul, MN 122 acres for mixed use development $61,000,000 12/2019 Upsher Smith Acova Health Maple Grove, MN 4.69 acres $900,000 12/2019 Hampton Companies Paxmar Ramsey, MN 1.75 acres $609,840 9/2019 Pulte Homes Investor Brooklyn Park, MN 14.46 acres for townhomes $1,673,000 8/2019 Continental Properties Group Investor Lakeville, MN 15.5 acres for 250 townhome rentals $4,000,000 8/2019 LeCesse Investor Burnsville, MN 7.6 acres for 275 apartment units $4,125,000 6/2019 Investor R2 Companies 25-33 5th St, Minneapolis, MN 38,000 SF 4-story office building in MPLS CBD $900,000 5/2019 Investor Investor Rochester, MN 3.6 acres of commercial land in front of Fleet Farm $313,632 5/2019 Meadow Creek Builders City of Ramsey Ramsey, MN 6.41 acres for 15 villa lots $180,000 5/2019 Investor Investor Rochester, MN 29 acres with 309,000 SF NNN leased to Fleet Farm $25,500,000 4/2019 David Weekley Homes Excelsior Group Dayton, MN 104 single family lots $12,190,100 4/2019 PSD, LLC Jim Stanton Trust Ramsey, MN 4.46 acres of industrial land $235,000 4/2019 CommonBond Communities Fenway Investments Headwaters Development Forest Lake, MN 4.6 acres for affordable housing development $620,480 2/2019 PSD, LLC A&P Development Bunker Lake and Armstrong Blvd, Ramsey, MN 7.43 acres of commercial land $808,038 1/2019 Hampton Companies Washburn 8500 Regent Blvd, Brooklyn Park, MN 1.74 acres of commercial land $550,000 1/2019 Rainbow Daycare Paxmar Main St & Lexington Ave, Blaine, MN 1.30 acres for development of new daycare $566,280 1/2019 Centra Homes City of Ramsey Ramsey, MN 4.3 acres of residential land $295,000 11/2018 BeeHive Homes Church of Latter Day Saints Maple Grove, MN 2.8 acres for senior living $515,000 11/2018 14 GOLDEN VALLEY, MN + CBRE 80 Sample Local Acquisitions CBRE was engaged by Continental Properties to identify 15-20 acre sites across the Minneapolis metro area that will allow the zoning, density, and attached/detached parking that The Springs communities need to build 250-300+units. The properties are luxury one and two story buildings with community clubhouses, outdoor pools, dog play areas, heavily landscaped, and gated to name a few of the amenities. CBRE has been able to identify sites across the metro to reach Continental’s goal of 2,500+ units in the market to create efficiency in management and brand recognition. To date CBRE has assisted Continental with acquiring the following development sites: Springs at Lake Elmo Acquired February 2020 | $4,537,000 ±17.19 acres | 300 units Springs at Lakeville Acquired August 2019 | $4,000,000 ± 15.5 acres | 250 units Springs at Willow Brooke (Oakdale) Acquired October 2021 | $7,000,000 Site was rough graded with off-site improvements including ponding and utilities extended to site ± 15.53 acres | 280 units Authentix Lakeville Acquired October 2022 | $2,900,000 ±19.59 acres | 284 units Springs at McKnight Lake (Chaska) Acquired October 2022 | $7,962,000 Site was rough graded with utilities brought to site ± 27.5 acres | 280 units 15 GOLDEN VALLEY, MN + CBRE 81 Preliminary Approach to Project Confirm Real Estate Requirements Upon engagement, the CBRE team will request to meet with the City to orient ourselves on your project, the progress made to date, and our outstanding questions about the project. The goal of this element is to not only inform CBRE but to provide a space for the City to provide assumptions, delve deeper into the reasoning for the decisions made to date, and uncover areas of concern or further exploration. We understand the City’s team has already assessed multiple sites under consideration based on the following elements: Have there been any changes to the findings presented at the January 10 2023 Council Meeting? Is the City ready to execute the findings of the February 2023 Revised Station Location Matrix based on the highest scores? Has the City communicated with potential sellers to date? What is your timeline, budget, and source of funds for the project? Has any new information or analysis emerged that would change the project’s direction? How were the “cost to acquire” inputs developed and scores calculated in the Location Matrix? THOUGHTFUL STRATEGY STARTS WITH THE RIGHT QUESTIONS CITY OFGOLDEN VALLEY Remote Fire Station Site Location Analysis & Pre-Design January 10th, 2023 City Council Update Parcel Number Site 23b Site 23c Site 23a Site 23f Site 23d Site 1 Site 21c Site 25b Site 25c Site 11A Key Intersection Golden Valley Rd & Regent Ave Golden Valley Rd & Regent Ave Golden Valley Rd & Regent Ave Golden Valley Rd & Regent Ave Golden Valley Rd & Regent Ave Glenwood & Xenia Ave Golden Valley Rd & Noble Ave Duluth St & Lilac Drive Duluth St & Lilac Drive Highway 55 & Shaper Drive Parcel Type(s) Residential Residential Residential Residential Residential Residential Residential Commercial Commercial Commercial Impacted Properties 1900 Regent Ave N 4960 Duluth St 4940 Golden Valley Rd 1920 Regent Ave N 1900 Regent Ave N 4960 Duluth St 1920 Regent Ave N 4940 Golden Valley Rd 4955 Sorell Ave 1900 Regent Ave N 4960 Duluth St 1920 Regent Ave N 1943 Regent Ave N 1951 Regent Ave N 1900 Regent Ave N 4960 Duluth St 1920 Regent Ave N 4940 Golden Valley Rd 4955 Sorell Ave 4975 Sorell Ave 5701 Glenwood Ave 5635 Glenwood Ave 4740 Golden Valley Rd 4730 Valery Rd 4720 Valery Rd 2103 Noble Ave 1875 Lilac Dr N 5621 Duluth St 5621 Duluth St 4949 Olson Memorial Hwy 4901 Olson Memorial Hwy 1.1 Location for Response (calls)15.22 15.22 15.22 15.22 15.22 9.53 10.87 16.49 12.57 10.97 1.2 Location for Response (area)11.6 11.6 11.6 11.6 11.6 8.16 10.4 12.88 12.06 10.07 2 Appropriate Amount of Buildable Land 3.75 5.83 1.74 3.74 7 2.42 3.56 4.01 3.25 6.29 3.1 Cost to Acquire -8.67 -12.07 -3.5 -12.89 -17.07 -1.86 -8.13 -82 -72 -22 3.2 Relative Cost to Build -0.78 -0.63 -0.94 -0.81 -0.19 -1.69 -0.76 -3.75 -2.88 -0.63 4.1 Civic Presence/ Recruitment 2232255663 4.2 Neighborhood Impact -1 -1 -1 -1 -1 -1 -1 0 0 0 5 Traffic Issues 00-50000000 6 Sustainability 3.5 3.5 0.5 3.5 3.5 0.5 0.5 3.5 3.5 0.5 TOTAL FIRST CUT 22.9 21.58 22.06 18.67 17.75 22.24 20.7 -42.63 -38.12 8.34 TOTAL SECOND CUT 25.62 24.46 21.62 21.36 21.06 21.06 20.43 -42.88 -37.49 8.21 FYI: RESPONSE TIME ONLY 26.82 26.82 26.82 26.82 26.82 17.69 21.27 29.37 24.63 21.05 FYI: COST IS NO OBJECT 35.07 37.15 26.06 35.06 38.32 24.6 29.33 42.87 37.38 30.84 Golden Valley Fire Station #2 Site Scoring Matrix –Location for Response (calls) –Location for Response (area) –Appropriate Amount of Buildable Land –Cost to Acquire –Relative Cost to Build –Civic Presence/ Recruitment –Neighborhood Impact –Traffic Issues –Sustainability 16 GOLDEN VALLEY, MN + CBRE 82 Market Analysis CBRE will provide Golden Valley with insights into the overall market for purchase and development of similar sites to refine pricing expectations and begin to inform negotiation strategies. –Pricing as compared to market comparables –Development trends in the area –Seller profile (ie individual versus institutional, past transactions, financial history, market experience, etc) –Title history including easements, covenants, conditions and restrictions –Adjacent uses and impact on value Negotiations We understand that acquiring the right property at the right price is important to the City and its taxpayers and stakeholders. Throughout the feasibility and site analysis process we will continually seek ways to maximize your value on the acquisition and find leverage points in the negotiation. Based on the information uncovered in the previous task, the team will present to the City our recommendations for proceeding with the transaction including potential alternate locations if necessary. We may recommend negotiating with multiple owners in order to create leverage for the City and more competitive pressure on the selected seller. Regardless of the ultimate strategy, we pride ourselves on running clean and defensible negotiations and transaction strategies that withstand scrutiny and public attention. Our process incorporates information such as: Owner Profile Is the ownership an individual or institution? What is the ownership’s financial capabilities and reputation? Property Status What amount of debt exists on the property, if any? What are the property’s strengths and weaknesses? Market Conditions Do current conditions regarding absorption, asking prices, and cap rates favor buyers or sellers? Are there other active buyers whose requirements are competitive with the City’s? 17 GOLDEN VALLEY, MN + CBRE 83 Sellers Proposal Evaluation CBRE will assist the City in the offer process by: –Recommending offer and counter-offer approaches based on market data and our knowledge of owner pain points and potential competing offers –Recommending a shortlisting process that leverages seller anxiety about potentially losing the City’s offer and maintains the City’s information advantage The team will also prepare an evaluation matrix to prepare an apples to apples comparison of important offer terms beyond price, and focusing on terms, risk issues for the City, closing periods, deposit requirements, escrow timing, and available due diligence. Powerful financial analysis on your side of the table. Included at no cost to Golden Valley or seller Sample analysis prepared for similar clients: 18 GOLDEN VALLEY, MN + CBRE 84 Council Presentations/Approval to Proceed CBRE will be your complete partner throughout the transaction approval process, coordinating execution of all transaction documents, partnering with the City’s project team in Council meetings, staff communication, and other stakeholder management tasks at the direction and discretion of the City on an as-needed basis. This may include in-person participation, drafting presentations or other documents/materials, and/or other tasks to support the City in closing the best deal and presenting its terms to Council. We regularly present to City Councils and Boards of Supervisors on behalf of City and County project staff, providing presentation materials to staff, or delivering presentations ourselves with your direction. We understand requirements regarding Council approval of purchase prices and recommend that if these these discussions are necessary, that they be conducted in closed session to preserve the City’s and CBRE’s negotiating advantage. Escrow / Documentation The team will assist in developing, communicating, negotiating, and presenting offers, counteroffers, and notices that relate to the offers and counteroffers until a purchase agreement is signed and all contingencies are satisfied or waived. CBRE will work with the City’s legal counsel to prepare purchase agreements that reflect the agreed upon terms. The team will also ensure that any issues that were uncovered during the due diligence period are reflected in purchase documents In addition, we work side by side with our clients’ counsel over working sessions, document reviews, and line by line comparisons to ensure the documents envision potential complications and provide a road map for each party. Our approach is to engage early and often to ensure our transaction documents comply with any of Golden Valley’s statutory requirements and will withstand all scrutiny. Anticipated Tasks June July Aug Sept Oct Contract kick-off Document review Market analysis Ø Negotiation strategy development Council presentation of same if necessary Present offer to seller Negotiation of Purchase and Sale agreement Due diligence period and open escrow Close escrow and complete transaction CBRE anticipates completing the assignment based on the above schedule, subject to the City’s concurrence. Scheduling any required Council presentation(s) are critical path items to ensure the project stays on track. Note that this schedule assumes the tasks remain focused on the currently identified sites in the Revised Location Analysis Matrix dated February 2023. If alternate sites are introduced or the City requests a more complete market survey and site selection process, the project is likely to stretch later into 2023. Preliminary Timeline 19 GOLDEN VALLEY, MN + CBRE 85 In the event the City requires disposition services following the transition from paid on call three station model to 24/7 duty crew two station model or for any other reason, CBRE offers Golden Valley the world’s leading sales platform and proven, transparent process for the disposition of public sector real estate. With this perspective, we can advise the City on its best options for monetizing property, from fee simple sales, to ground leases, up to and including recommending hold strategies if necessary. CBRE’s local, regional, and global network and databases allows our clients’ access to developers, finance professionals, and investors that no other firm in the industry can match. We analyze the property and marketplace in order to implement an aggressive marketing strategy and create excitement and motivation in the market, something especially important during unpredictable market cycles when many participants retreat to the sidelines. CBRE’s marketing campaigns create visibility on a local, national or global scale, and we consequently successfully close transactions, even on assets that have proven difficult to sell or in challenging market conditions. Our specific approach to securing buyers rests on a number of principles: –develop high quality creative marketing strategy designed to achieve the highest value in as short a timeframe as possible –cast as wide a net as possible in the potential offer pool to generate competition and leverage for the City –communicate to the market the development opportunity that exists for profitable and productive development –not only market the site, but the community, the St Louis Park lifestyle, and the good governance of Golden Valley –a thorough due diligence process and full disclosure of same to provide buyers with as much information as possible to facilitate a clean sale with no re-trades Market Analysis Identify market trends and comparable transactions for the Property based on current market conditions and demand. Assessment of Public Engagement Assess the property, its community linkages, and what level of engagement with neighboring landowners and the general public would be appropriate. This assessment will be ongoing throughout implementation to ensure public feedback is incorporated at multiple points in the transaction process as appropriate. Development Potential & Valuation Calculate a reasonable value range for the Property based upon highest and best use, density, and phasing of redevelopment. Prior to marketing any property for sale, CBRE will work with Golden Valley on the following “pre-market” activities to ensure a successful outcome: Target Buyer List Create a list of buyers whose profiles best fit the property Golden Valley is offering. This list will be in addition to CBRE’s proprietary list of global investors and developers seeking opportunities. Market Strategy Develop Property specific branding and materials to market the Property, including offering memorandums, due diligence materials, and a property website. Optional Disposition Services 86 Based on consultations with the City and in accordance with your bid requirements, the team will develop Property specific branding and materials to market the Property, including offering memorandums, due diligence materials, and a property website for interested parties. Our marketing plan includes development of electronic, as well as hard copy, marketing materials by professional graphic designers. The result is an appealing, highly polished collection of marketing materials that sets the stage for the offering. We leverage the CBRE technology platforms by creating materials for both electronic and print mediums. RFP or Offering Memorandum –Delivers concise, graphical, data and story-driven marketing, customized specifically designed for likely buyers and developers – Captures the attention of the decision makers by driving them to focus on the high-level information of the investment –Enhances speed-to-market and increases efficiencies in the marketing process – Supporting documents such as reports, in-depth financial models, and deep-dive market information made available in the Deal Flow virtual deal room Web Presence –An engaging, full-featured, mobile-friendly executive summary presentation – Potential investors can interact with a virtual tour, review investment highlights, access due diligence, and more –Available on the Deal Flow platform Launch Email –Targets active, qualified buyers –Includes standard touch points and virtual marketing materials –Distributed through the Deal Flow platform 87 AVAILABLE FOR SALE RARE LARGE DOWNTOWN DURANGO INFILL OPPORTUNITY DURANGO SCHOOL DISTRICT 9-R DOWNTOWN PORTFOLIO DOWNTOWN PORTFOLIO INCLUDES: 201 E. 12th STREET • 215 E. 12th STREET • BUCKLEY PARK DURANGO, CO 81301 | 11 PROPERTY FACTS Property Facts Property Address 201 E 12th Street, Durango CO, 81301 Year Built / Renovated 1917 / 1956 Zoning Current CB, Future PD: City of Durango ready to work with Developers Total Building Area 43,984 SF Number of Floors 3 Parking 1.50/1000 (65 Surface) HVAC Central Air, Hot Water Heat (Fuel Type: Gas), 2 Patterson-Kelley Thermific installed in 2004 ROOF Built up T & G, Flat Structure CONSTRUCTION TYPE Brick/Masonry ARCHITECTURE Late 19th and 20th Century Revivals/Classical Revival HISTORICAL DESIGNATION National Archives Identifier: 84131136, Reference #1001119 FIRE & SAFETY Monitored fire safety and alarm systems 12 single user and multi-user restrooms totalExterior of the building is mostly BrickBuilding and monument signage Property Marketing Powered by CBRE Deal Flow CBRE Deal Flow is CBRE’s listing platform for all investment sales. This digital, all-in-one marketplace streamlines the entire disposition process, with full-coverage tracking, a secure virtual deal room, and sophisticated reporting. Deal Flow enables a highly customized property marketing package complete with website, email marketing, and virtual deal room, with exposure to 1.1M+ investors globally and 150,000+ site visits per month. 1.1M+ Investors in Our Database 150K+ Site Visits Per Month 430+ New Deals Brought to Market Each Month 1+ Registration Agreement Signed Per Minute Sample marketing materials for a site sold by CBRE to a fire department for a new station | 6 Massive 4.33 Acre infill lot with flexible zoning paves the way to allow nearly every conceivable Use. Location, location, location- the portfolio resides in the Heart of Downtown Durango on Main Avenue. Steps from Durango’s best Retail, Lifestyle Retail, Hospitality, Office, and Residential. Beautiful historic architecture at 201 E 12th Street creates a sense of history and place that is rare and irreplaceable in a booming mountain town. Buckley Park serves as one of Downtown Durango’s most important gathering places for the community with a full block of frontage along Main Ave. 215 E 12th St is excellently maintained and has successfully served as a Charter School location for many years. Portfolio located in an Opportunity Zone providing Buyers the opportunity for tax savings on Improvements. Durango continues to grow and is an extremely popular vacation location for residents of Colorado, New Mexico, Arizona, Nevada and Texas. INVESTMENT HIGHLIGHTS | 5| 5 THE OFFERING Portfolio Summary PROPERTY ADDRESS BUILDING SIZE SITE SIZE 201 East 12th Street 43,984 SF Approximately: 1.23 Acres 215 East 12th Street 34,826 SF Approximately: 1.65 Acres Buckley Park N/A Approximately: 1.45 Acres TOTAL PORTFOLIO 78,810 SF 4.33 ACRES 201 E 12th Street 215 E 12th Street Buckley Park CBRE and The Wells Group is pleased to offer for sale one of the last large infill sites on Main Ave in Downtown Durango, Colorado. Comprised of two buildings, 201 E 12th Street and 215 E 12th Street, and the famous Buckley Park, this offering is irreplaceable and generational. The wide variety of uses allowable at the location provide flexibility for a developer, user and reposition buyer seeking to take advantage of the strong demographics in the Durango MSA. The site is excellently located just off of Main Ave between 12th and 13th Street, Buckley Park fronts the entire block along Main Ave. Situated in the Heart of Downtown Durango, the site is steps from the most popular restaurants and shops in Durango. The historic three level, 43,984 SF former Durango High School (201 E. 12th Street) offers stunning historic architecture and sweeping views of the beautiful landscape surrounding Durango from every level. The two level, 34,826 SF annex building just east of the former high school (215 E. 12th Street) is currently utilized as a Big Picture High School and would be ready for another Education Type User or a reposition. The west edge of the property is the 1.45 Acre Buckley Park, fronting Main Ave, and serves as the only open-space gathering spot for the community. The District’s downtown portfolio resides on an incredible 4.33 Acres, creating the opportunity for a developer to add almost any use and create a true sense of “place” and community in the heart of downtown Durango. | 9 PORTFOLIO DESCRIPTION 201 E. 12th Street is currently occupied by Durango School District 9-R, which has been successfully operating at the property for decades in an administrative function. Originally Durango’s first large High School built in 1917, the Classical Revival style with monumental proportions and symmetrical composition is at a prominent location, raised above the street level. The property features numerous offices and classrooms with beautiful views, a gym with an elevated running track and an auditorium that has been converted into a heavily used large meeting room. 215 E 12th Street is currently occupied by Durango Big Picture High School and caters to around 75 students per year. The building offers numerous large classrooms, a large cafeteria and wide hallways, perfect for any education type User. The two-level building is an excellent size to accommodate a niche User and could also easily be converted to office or a flex use. The approximately 1.45 Acre Buckley Park is an important gathering place for the community and the City of Durango has expressed their interest in working closely with any Buyer to retain its park designation. A Buyer will still have the opportunity to enhance the already beautiful park setting with the addition of creative community uses such as an amphitheater or the potential for some street level retail along the Main Ave frontage of the Park. The large 4.33 Acre site will offer any Buyer or User one of the last opportunities in Downtown Durango to create an irreplaceable place revered by the community. 201 E 12th Street215 E 12th Street Buckley Park | 12 PROPERTY FACTS Property Facts Property Address 215 E 12th Street, Durango CO, 81301 Year Built / Renovated 1955 / 1966 / 1978 Zoning Current CB, Future PD: City of Durango ready to work with Developers Total Building Area 43,984 SF & 34,826 SF Number of Floors 2 Parking 0.50/1000 (16 Surface) HVAC Hot Water/Steam Heat (Fuel Type: Gas), Central Air ROOF Built up T & G Deck CONSTRUCTION TYPE Masonry FIRE & SAFETY Monitored fire safety and alarm systems, Sprinklered 10 single user and multi-user restrooms total Exterior of the building is mostly Masonry Building and monument signage 88 Investment Sales Firm 17 years in a row#1 –All property types: land, campuses, build to suits, office buildings, etc –Aligning procurement policies with market expectations –Intelligent negotiation to achieve your goals –Reducing your risk throughout the transaction Our designers, writers, web publishers and communications teams offer a complete in-house marketing shop to support marketing and special projects needs efficiently and at no extra cost. $290.2B 18,825 2022 Global Sales Volume 2022 Properties sold Globally 89 Negotiating and closing the sale The team will solicit draft transaction documents from selected buyers, analyze offers and counteroffers and provide like kind comparisons of buyer terms to recommend the optimal path for Golden Valley. CBRE will work with the City’s selection team to review all proposals on a like-kind basis and participate in the respondent due diligence and selection process. Our team will implement a fair, confidential negotiation and closing process that includes: –Evaluating offers with the City including financial analysis of various offers including price, terms, contingencies, and their relative merits to Golden Valley –Sending out “best and final” letters to the top buyer prospects along with due diligence materials –Receiving best and final bids –Conducting buyer interviews –Buyer selection –Executing agreements necessary to contract sale –Opening escrow upon delivery of contract and deposit –Facilitate the buyer’s due diligence, including review of title and survey, zoning, physical inspection and market reviews –Facilitate buyer’s conventional financing requirements if applicable –Address any issues necessary for closing –Close escrow –Successfully transition to new ownership After we create the necessary materials to launch a multi-channel marketing campaign, we set the streamlined process in motion in order to create a competitive environment. This phase in the process includes: –Market internally to over 9,000 CBRE brokers worldwide and our database of 1.1 million + brokers, investors, developers –Launch initial announcement blast through DealFlow –Listing of properties on public sites including CoStar, LoopNet, MLS when appropriate –Email blasts and/or mailed announcement flyer –Accept inquiries and answer questions from prospective buyers –Court qualified investors and distribute Offering Memorandum/RFP –Conduct buyer site tours –Receive first round of offers Virtual deal room for due diligence information Deal Flow’s interface allows for up to 6 GB of due diligence documentation such as: –Survey –Phase 1 environmental studies –Plat maps –Design standards –Title documentation –Purchase & Sale Agreement templates, etc. The team can add due diligence information at any point during the marketing process, notify the market about additional information available, etc. 90 Qualifications of Key Personnel KEY PERSONNEL RESPONSIBILITIES EXPERIENCE & QUALIFICATIONS Account Manager Anne Rahm Midwest Regional Manager CBRE Public Institutions & Education Solutions –Primary point of contact with Golden Valley, providing day to day schedule, deliverable, and strategy leadership to the team –Leads CBRE acquisition and portfolio optimization engagements with State of Minnesota, Ramsey County, Wayne County, Sedgwick County, and other municipal and education clients –Background in real estate finance, 25+ years of experience Brokerage Lead Brian Pankratz Senior Vice President CBRE Land Services Group –Lead market expert, providing negotiation and representation advice and services to Golden Valley in support of the acquisition –21+ years of experience in the Twin Cities, member of Minnesota Commercial Association of Real Estate –Transacted over 5,000 acres of land sales Client Services & Transaction Support Jeshila McGovern Client Services Coordinator CBRE Advisory & Transaction Srevices –Provides administrative support to the account –20 years of experience in marketing, customer service, and account support Executive Oversight Jeff Jiovanazzo Managing Director CBRE Minneapolis –Ensures the team has the resources necessary to perform to the highest standard –Sounding board for the City and quality assurance functions –20+ years of experience in Twin Cities real estate –Multiple award-winner within CBRE –Has completed over 700 sale and lease transactions totaling more than 50 million SF Executive Oversight Michael McShea National Lead CBRE Public Institutions & Education Solutions –Provides national best practices in public sector real estate and ensures the team has the insights and information needed to succeed –25+ years of experience in public sector real estate –Completed multiple award- winning headquarters projects for municipalities –Nationally recognized speaker on public sector real estate Describe the qualifications of key personnel involved in the scope of work. 25 GOLDEN VALLEY, MN + CBRE 91 Anne Rahm Midwest Regional Manager CBRE Public Institutions & Education Solutions T: +1 313.808.0717 anne.rahm@cbre.com Clients Represented –State of Minnesota –State of Ohio –Urbana University, OH –Mott Community College, MI –Wayne County, MI –Ramsey County, MN –City of Elgin, IL –City of Norton Shores, MI –Kenton County, KY –Dearborn, MI –Dallas County Experience Anne P. Rahm is the Midwest Regional Manager of CBRE’s Public Institutions and Education Group, a national team of commercial real estate professional working extensively with public agencies and education institutions. Ms. Rahm is experienced advising clients on complex, high profile transactions. Her range of services include public private partnerships, development consulting, strategic portfolio planning and optimization, market and financial analysis, highest and best use analysis, leases, acquisitions and dispositions, and RFP development and oversight. With extensive experience in real estate Capital Markets and corporate banking, Ms. Rahm offers her clients highly advanced execution strategies including customized real estate monetization strategies. Prior to joining CBRE, Ms. Rahm was with Grubb & Ellis as a member of the Institutional Capital Markets group, specifically Corporate Finance. Prior to Grubb & Ellis, Ms. Rahm was a Corporate Lending Officer in Washington D.C., Detroit and Chicago with a combined portfolio in excess of $1.1 billion. Ms. Rahm was also co- founder and principal/treasurer of Noble Building Company, a private real estate investment and development firm. Significant Assignments Client Project Type Size Urbana University, OH Sale 200 acres County of Fond du Lac, WI Sale 8 acres City of Dearborn, MI Sale 7 acres Johnson County Airport Commission, KS Sale 469,148 SF Mott Community College, MI Sale 35,000 SF Milwaukee County, WI Space Utilization Analysis 450,000 SF Wayne County, MI Master Brokerage Services n/a State of Ohio Space Utilization 4.5 million SF Ramsey County, MN Master Brokerage Services n/a State of Minnesota Space Utilization Analysis 5.2 million SF Cuyahoga County, OH Master Services Contract n/a City of Elgin, IL Development Advisory n/a City of Norton Shores, MI Sale 9 Lots Kenton County, KY Highest and Best Use Analysis 600 Acres Dallas County, TX Built to Suit 40,000 SF ZF Group, MI Sale 180,230 SF EZ Park New Orleans, LA Sale 188,962 Airport Park Investment Sale 664,645 Trinity Health HQ Investment Sale 373,593 Professional Affiliations and Education -Miami University, B.A Diplomacy & Foreign Affairs/ Political Science & Economics -American University, London, U.K. – Economics and Government -London Chamber of Commerce – Middle East & African Affairs -American Institute of Banking, Washington D.C. 26 GOLDEN VALLEY, MN + CBRE 92 Brian Pankratz Senior Vice President CBRE Land Services Group T: +1 952 924 4665 brian.pankratz@cbre.com Clients Represented –Bank of America/US Trust –City of Anoka –Continental Property Company –Dakota County CDA –David Weekley Homes –DR Horton –Duke Realty –Excelsior Group –Ford Motor Co. –Goldman Sachs –Inland Construction –Lennar –Metropolitan Airports Commission (MAC) –Meritex Enterprises –Opus Group –Paxmar –Penske Motors –Pulte Homes –Ryan Companies –SPENSA Development –University of St. Thomas –United Properties –US Bank and US Bank Trust Experience Brian Pankratz is a Senior Vice President with CBRE and specializes in land sales, site selection, redevelopment and large acreage land assemblage. Current listings include over 2,000 acres with future development potential of over $1 Billion. The Minneapolis Land Services Group is part of a nationwide network of experienced professionals focusing exclusively on land transactions. Our mission is to accelerate the success of our clients through superior market knowledge, industry-leading technology and a global real estate perspective. Before joining CBRE, Brian worked at Colliers International in Las Vegas, Nevada from 1999-2005, where he was involved in transactions totaling more than $475 Million including over 2,000,000 square feet of industrial space and 3,000 acres of land. Significant Assignments YEAR RAW & ENTITLED LAND (ACRES) DEVELOPED COMMERCIAL & RESIDENTIAL (LOTS)TOTAL VALUE 2022 67.47 68.97 $50.6M 2021 275 150 $216.14M 2020 133 30 $44.5M 2019 151 48.95 $114.2M 2018 317 75.66 $56.3M 2017 256 278 $50.1M 2016 107 193 $26.3M 2015 212 293 $63.0M 2014 550 142 $43.7M 2013 238 289 $43.6M 2012 350 655 $36.7M 2011 609 383 $43.9M 2010 1,173 167 $34.5M 2009 307 148 $34.7M Professional Affiliations -Minnesota Commercial Association of Realtors (MNCAR) -Licensed Real Estate Salesperson in Minnesota, Wisconsin, and Nevada -Urban Land Institute (ULI) -International Council of Shopping Centers (ICSC) Education -Master of Real Estate, Georgetown University -Bachelor of Science degree in Business Administration from University of Colorado, Boulder27GOLDEN VALLEY, MN + CBRE 93 Experience Michael B. McShea, Executive Vice President, is a co-leader of CBRE’s state and local government practice. Mr. McShea provides strategic planning, development advisory, brokerage and other associated real estate services to government entities and education institutions nationwide. Mr. McShea manages some of the nation’s most significant state and local government projects and portfolios. His public sector career began with the oversight of a contract with the Government of the District of Columbia, involving the restructuring of over 1 million square feet of municipal space under the auspices of the congressionally established Financial Control Board. He has provided development advisory services for the College of William & Mary, Alexandria City Public School System, National Institutes of Health, John Hopkins Applied Research Laboratory and the University of Cincinnati. He has advised the cities of Indianapolis, IN, Mobile, AL, Ann Arbor, MI and Miami, FL on economic development initiatives and public private partnerships. Mr. McShea has developed strategic plans for various government entities including, most recently, the states of Florida, South Carolina, Oakland, California and Mobile, Alabama. He has implemented strategic real estate plans for the City of New York, as well as the states of Arizona, Colorado, Maryland, Michigan, and Pennsylvania. Mr. McShea is currently advising the North County Transit District in Oceanside, CA on the development of a 10-acre TOD site surrounding the Oceanside Transit Center, as well as other numerous other ongoing P3 projects. Education –Bachelor of Science, Business and Management, University of Maryland Achievements –United States Conference of Mayors Outstanding Achievement in Public Private Partnership, City of Tulsa, City Hall Acquisition –National Association of State Facility Administrators Outstanding Achievement Award, Portfolio Management with the State of Michigan Industry Recognition & Scholarship –Mr. McShea has been a guest lecturer on various topics involving corporate, municipal and educational real estate including the National Association of College & University Business Officers (NACUBO), National Association of State Facility Administrators (NASFA), American Institute of Architects, California Association for Local Economic Development, American Association of Port Authorities, the Construction Manager Association of America and the Keenan Flagler Business School at the University of North Carolina Chapel Hill. He is also a regular speaker at various federal and state-level P3 conferences. Michael McShea Executive Vice President & National Co-Lead CBRE Public Institutions & Education Solutions +1 202 669 2580 michael.mcshea@cbre.com Selected Clients –Oakland, CA –San Diego, CA –Indianapolis, IN –Miami, FL –Ft Myers, FL –Cape Coral, FL –Mobile, AL –Fort Lauderdale, FL –Tulsa, OK –Bloomington, IN –Ann Arbor, MI –Arlington County, VA –Alexandria, VA –Washington, DC –Orange County, CA –Maryland –Florida –North Carolina –Tennessee –South Carolina –New York –Michigan –Commonwealth of Puerto Rico –US Navy 28 GOLDEN VALLEY, MN + CBRE 94 Experience As the Managing Director for CBRE Minneapolis, Jeff Jiovanazzo oversees more than 235 real estate professionals in Minnesota working to ensure exceptional client outcomes and grow market share. He is responsible for the successful integration of multiple business disciplines and leveraging the varied expertise of CBRE professionals in the Bloomington and Downtown Minneapolis offices. In addition to ensuring that clients seize opportunities to make well-informed business decisions, Jeff oversees new business development, client relations and related services. Jeff has been a licensed salesperson since 1998 and a broker since 2017. Jeff served as the Sales Director for CBRE Minneapolis from 2015-2019 where he oversaw business development, identification and qualification of opportunities, the assignment of individuals to pursuit teams, broker debriefs, execution of business plans and coordination of geographic and line of business sales efforts. In 2017, Jeff was recognized as a CBRE RISE award winner, an honor given annually to the CBRE employee that exhibits CBRE’s core values of Respect, Integrity, Service and Excellence. In 2017, Jeff was also named CBRE’s Sales Management Leadership Award winner; a national award given to the CBRE sales director who demonstrates exceptional leadership skills throughout the year. Prior to joining CBRE, Jeff was Vice President at the Minneapolis office of Colliers International specializing in industrial sales and leasing. Jeff completed over 700 sale and lease transactions totaling more than 50 million SF of space. Achievements –Minnesota 500 The Most Powerful Business Leaders in Minnesota –CBRE Sales Management Leadership Award, 2017 –CBRE RISE Award, 2017 (Respect, Integrity, Service, Excellence) –Colliers “Best of the Best” Award –Colliers Significant Transaction Award –CoStar Power Broker Award Professional Affiliations / Accreditations –Broker of Record in Minnesota, Iowa, North Dakota and South Dakota –Young Presidents Organization (YPO) –Minnesota Commercial Association of Realtors (MNCAR) –National Association of Industrial and Office Properties (NAIOP) Education –Bachelor of Science in Financial Economics, Gustavus Adolphus College, St. Peter, MN Jeff Jiovanazzo Managing Director CBRE Minneapolis 29 GOLDEN VALLEY, MN + CBRE 95 References Continental Properties Erik Hahn Vice President of Acquisitions Direct: 262-532-9323 Cell: 414-708-8249 ehahn@cproperties.com W134 N8675 Executive Parkway Menomonee Falls, WI 53051 Metropolitan Airports Commission Eric L. Johnson, CCIM Director, Commercial Management & Airline Affairs O: 612-725-8322 M:612-919-0325 eric.johnson@mspmac.org 6040 28th Avenue South, Minneapolis MN 55450 Ryan Companies Patrick T. Daly Vice President of Real Estate Development, Retail patrick.daly@ryancompanies.com (p) 612/492-4808 (c) 612/597-5105 Ramsey County, MN Jean Krueger Director of Property Management Economic Growth and Community Investment 651-266-279 | jean.krueger@co.ramsey.mn.us 121 7th Place East, Suite 2200, St. Paul, MN 55101 List of 3 references that are relevant to this work. Sedgwick County, KS Tania E. Cole Assistant County Manager | Division of Administrative Services p: (316) 660-9854 |tania.cole@sedgwick.gov 525 N. Main, Suite 343 | Wichita, KS 67203 30 GOLDEN VALLEY, MN + CBRE 96 Acquisition Services CBRE will first pursue payment from the seller at a market rate, as brokerage fees are typically paid by the selling entity. In this case our services will be provided to the City at no out of pocket cost. In the event that the property the City wishes to acquire is unlisted, or that a commission for the buyer’s agent is not included in the seller’s representation agreement with their agent/ broker, CBRE would seek a 4% commission, payable by the City upon closing. Cost Proposal In the event that our Agreement or any particular engagement to provide the Services ends without a signed transaction, within 30 days of that ending, CBRE shall provide the City with a list of all parties with whom CBRE was engaged in active negotiations with respect to transactions for which fees could be earned under this Agreement. CBRE shall also provide the City with written evidence of such negotiations. If within one year after such expiration or termination date, the City enters into any agreement of sale, lease, purchase, or other written agreement with a party on such list for which a fee would have been earned hereunder, CBRE shall earn the fee provided for under this Agreement to the same extent as if the Services had not expired or terminated. Upon the expiration of the one year period, CBRE may present to the City for its consideration an extension of the fee protection period for any existing transactions which remain active and imminent. The City shall not be obligated to extend such period, but the Parties shall negotiate in good faith a fair compensation arrangement for the work performed by CBRE (or its Subagents) prior to termination. This paragraph shall survive the termination or expiration of our Agreement. Please provide your commission percentages and any administrative fees your company may charge. Disposition Services In the event the City engages CBRE to sell property on its behalf, our fees will be paid by the City from proceeds of the sale, set at 4% payable to CBRE. In the event the buyer is represented by a licensed broker with a verified representation agreement, the commission will increase to 6%, with the additional 2% paid to the buyer’s broker. 31 GOLDEN VALLEY, MN + CBRE 97 Anne Rahm Midwest Regional Manager CBRE Public Institutions & Education Solutions +1 313 808 0717 anne.rahm@cbre.com Brian Pankratz Senior Vice President CBRE Advisory & Transaction Services +1 952 924 4665 brian.pankratz@cbre.com Let’s get started, together. 98 Exhibit C Minnesota Sale/Lease Disclosures Property: Seller/Landlord Disclosure of Material Facts, Delivery of Reports, and Compliance with Laws. Sellers/landlords are hereby requested to disclose directly to buyers/tenants all facts known to sellers/landlords that materially affect the value or desirability of the Property and are not readily observable nor known to the buyer/tenant, including, but not limited to, facts regarding hazardous materials, zoning, construction, design, engineering, soils, title, survey, fire/life safety, proneness to natural hazards such as earthquakes, and other matters, and to provide buyers/tenants with copies of all reports in the possession of or accessible to sellers/landlords regarding the Property. Sellers/landlords and buyers/tenants must comply with all applicable federal, state and local laws, regulations, codes, ordinances and orders, including, but not limited to, the 1964 Civil Rights Act and all amendments thereto, the Foreign Investment in Real Property Tax Act, the Comprehensive Environmental Response Compensation and Liability Act, and The Americans With Disabilities Act. Americans with Disabilities Act (ADA). The Americans With Disabilities Act (42 United States Code §12101 et seq.) and other federal, state and local requirements may require changes to the Property. Have your experts investigate and evaluate these matters. Taxes. Sales, leases and other real estate transactions can have federal, state and local tax consequences. In sales transactions, Internal Revenue Code §1445 requires buyers to withhold and pay to the IRS 15% of the gross sales price within 20 days of the date of a sale unless the buyers can establish that the sellers are not foreigners, generally by having the sellers sign a Non- Foreign Seller Affidavit. Depending on the structure of the transaction, the tax withholding liability can exceed the net cash proceeds to be paid to sellers at closing. Have your experts investigate and evaluate these matters. Flood Zones. Many lenders require flood insurance for properties located in flood zones, and government authorities may regulate development and construction in flood zones. Whether or not located in a flood zone, properties can be subject to flooding and moisture problems, especially properties on a slope or in low-lying areas. Buyers/tenants should have their experts confirm whether the Property is in a flood zone and otherwise investigate and evaluate these matters. Fires. Properties, whether or not located in a fire hazard zone, are subject to fire/life safety risks and may be subject to state and local fire/life safety-related requirements, including retrofit requirements. Have your experts investigate and evaluate these matters. Hazardous Materials and Underground Storage Tanks. Due to prior or current uses of the Property or in the areas or the construction materials used, the Property may have hazardous or undesirable metals (including but not limited to lead-based paint), minerals (including but not limited to asbestos), chemicals, hydrocarbons, petroleum-related compounds, or biological or radioactive/emissive items (including but not limited to electrical and magnetic fields) in soils, water, building components, above or below-ground tanks/containers or elsewhere in areas that may or may not be accessible or noticeable. Such items may leak or otherwise be released. If the Property was built before 1978 and has a residential unit, sellers/landlords must disclose all reports, surveys and other information known to them regarding lead-based paint to buyers/tenants and allow for inspections (42 United States Code §4851 et seq.). Have your experts investigate and evaluate these matters. Property Inspections and Evaluations. Buyers/tenants should have the Property thoroughly inspected and all parties should have the transaction thoroughly evaluated by the experts of their choice. Ask your experts what investigations and evaluations may be appropriate as well as the risks of not performing any such investigations or evaluations. Information regarding the Property supplied by the real estate brokers has been received from third party sources and has not been independently verified by the brokers. Have your experts verify all information regarding the Property, including any linear or area measurements, the availability of all utilities, applicable zoning, and entitlements for the intended use. All work should be inspected and evaluated by your experts, as they deem appropriate. Any projections or estimates are for example only, are based on assumptions that may not occur, and do not represent the current or future performance of the property. Real estate brokers are not experts concerning, nor can they determine if any expert is qualified to provide advice on, legal, tax, design, ADA, 99 engineering, construction, soils, title, survey, fire/life safety, insurance, hazardous materials, or other such matters. Such areas require special education and, generally, special licenses not possessed by real estate brokers. Consult with the experts of your choice regarding these matters. CONSULT YOUR ADVISORS – This document has legal consequences. No representation or recommendation is made by Broker as to the legal or tax consequences of this Agreement or the transaction(s) which it contemplates. This form is not intended to substitute for any disclosures the law requires that the parties make to each other. These are questions for your attorney and financial advisors. 100 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 6, 2023 Agenda Item 3E.3. Adopt Resolution No. 23-038 Entering into Host Site Agreement with Minnesota Pollution Control Agency for 2023-2024 Term Prepared By Drew Chirpich, Water and Natural Resource Specialist Summary Minnesota GreenCorps is an AmeriCorps program that began in 2009. The goal of Minnesota GreenCorps is to preserve and protect Minnesota's environment while training a new generation of environmental professionals. The program places members with host sites around the state to assist communities and local governments in addressing a variety of statewide needs. For the 2023-2024 program year, the Minnesota Pollution Control Agency (MPCA) anticipates placing and supporting approximately 48 full-time GreenCorps members throughout Minnesota. More information is available at https://www.pca.state.mn.us/business-with-us/minnesota-greencorps. The City has been successful applying for GreenCorps members in the past. The City's first GreenCorps member served a full time, eleven-month term from September 2016 to August 2017. The member focused on GreenStep Cities initiatives, developing the City's Resilience & Sustainability Plan, and implementing the City's Natural Resources Management Plan. The City also hosted GreenCorps Members in 2019-2020, 2020-2021, 2021-2022, and 2022-2023. Members worked on GreenStep Cities initiatives, the City's recycling and organics programs, and energy efficiency and emissions reductions respectively. For the 2022-2023 term, the member assisted the City with implementing its Energy Action Plan with an emphasis on equity, addressing energy cost burden, engaging multifamily units in energy efficiency opportunities, and addressing tree loss and replacement due to emerald ash borer with an emphasis on environmental justice. The member also helped plan and host environmental events in the community and augmented the City's work on its Organics recycling program. During the 2023-2024 service term it is anticipated the member will continue to build upon the work items from the 2022-2023 service term including helping low to moderate income residents identify energy saving measures, expanding tree canopy and green infrastructure in environmental justice priority areas, making improvements in the City's recycling and solid waste programs, and continuing work on the GreenStep Cities program. Financial or Budget Considerations As required by the program, the City would provide a site supervisor (approximately 8 hours per week), desk space, information technology resources, and a $300 training budget for the member. 101 Funding is available in the Environmental Control budget 7303. Legal Considerations The City Attorney has reviewed and approved the agreement. Equity Considerations Hosting a Minnesota GreenCorps Member will help the City advance its Equity goals by helping to identify and distribute energy saving measures to residents experiencing energy cost burden, increase recycling and composting opportunities for residents in multi-family properties, and help expand tree canopy and green infrastructure within environmental justice priority areas. Recommended Action Motion to adopt Resolution No. 23-038 entering into Host Site Agreement with Minnesota Pollution Control Agency. Supporting Documents Resolution No. 23-038 Entering Host Site Agreement with MCPA for GreenCorp Member 102 RESOLUTION NO. 23-038 RESOLUTION SUPPORTING ENTERING INTO AN AGREEMENT WITH THE MINNESOTA POLLUTION CONTROL AGENCY TO BE A MINNESOTA GREENCORPS HOST SITE WHEREAS, on February 21, 2023, the City of Golden Valley approved Resolution No. 23-010 supporting submittal of an application to the Minnesota Pollution Control Agency (MPCA) applying for the placement of one Minnesota Pollution Control Agency GreenCorps member at City Hall for the next program year (September 2023-August 2024);and WHEREAS, the selected candidate would work with staff and the Environmental Commission to implement the City's Energy Action Plan,GreenStep Cities program,and engaging multifamily units in reducing energy cost burden and WHEREAS, the selected candidate would focus on assisting the City with its energy consumption and efficiency goals,objectives,and implementation actions; and WHEREAS, staff has reviewed all terms and conditions of this funding opportunity and finds them to be satisfactory. WHEREAS,the MPCA requires that the City of Golden Valley enter into a host site agreement with the MPCA that identifies the terms, conditions, roles and responsibilities. NOW THEREFORE BE IT RESOLVED the City of Golden Valley hereby agrees to enter into a host site agreement with the MPCA to carry out the member activities specified therein and to comply with all of the terms, conditions, and matching provisions of the host site agreement and authorizes and directs the Mayor and City Manager to sign the agreement on its behalf for the placement of one GreenCorps member at City Hall from September 2023 to August 2024. Adopted by the City Council of Golden Valley,Minnesota this 6th day of June 2023. __________________________ Shepard M. Harris, Mayor ATTEST: _________________________ Theresa Schyma, City Clerk 103 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 6, 2023 Agenda Item 3E.4. Approve Memorandum of Agreement Regarding Juneteenth Between Patrol, Sergeants, Assistant Chiefs Unions, CSOs and Administrative Staff (LELS Locals #27, #304, #485, #525, #524) and the City of Golden Valley Prepared By Maria Cisneros, City Attorney Kirsten Santelices, Deputy City Manager/Human Resources Director Summary In May 2023, the Minnesota Legislature amended legislation to make Juneteeth a state holiday in 2023. The City recently approved labor agreements with the Patrol, Sergeants, Assistant Chiefs Unions, CSOs and Administrative Staff unions which established Juneteenth as a paid holiday beginning in 2024. This was consistent with state law at the time the contracts were drafted and approved. In light of the legislature's recent action, staff recommends entering into a memorandum of understanding with the unions to establish Juneteenth as a holiday in 2023. Financial or Budget Considerations All employees covered under these labor agreements will receive additional holiday time added to their PTO or vacation annual accrual. The cost of providing the additional holiday to existing unionized Police Department staff is $26,519.39. Legal Considerations Memorandums such as this one are a tool typical used to make minor adjustments to existing labor agreements. Equity Considerations Juneteenth, also known as Freedom Day, is celebrated June 19. It commemorates the emancipation of enslaved Black people at the close of the Civil War. On that date in 1865, federal troops arrived in Galveston, Texas, to ensure the last remaining enslaved people were free, the action coming more than a month after the Confederate surrender at Appomattox and more than two years after the Emancipation Proclamation was signed. Today, Juneteenth celebrates African American resilience and achievement, while aiding in the preservation of those historical narratives that promoted racial and personal advancement since Freedom Day. The holiday is commonly celebrated with barbecues, festivals, parades and religious services. It became a federal holiday in 2021 following calls for racial equity after the murder of George Floyd. Minneapolis and St. Paul recognized it as a city holiday for the first time in 2022. 104 Recommended Action Motion to approve Memorandum of Agreement regarding Juneteenth between Patrol, Sergeants, Assistant Chiefs Unions, CSOs and Administrative Staff (LELS Locals #27, #304, #485, #525, #524) and the City of Golden Valley. Supporting Documents Juneteenth MOU between City of Golden Valley and LELS 105 Colin Pennings, Union Steward Kyle Toavs, Union Steward 106 Law Enforcement Labor Service, Local525Pa Vang, Union Steward/J.GUY ///f^/U^J^/Mahpf/Business AgentLaw Enforcement Labor Service, Local524Brittany Froberg, Union Steward^Keith Terlinden, Business Agent107 EXECUTIVE SUMMARY City Attorney 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 6, 2023 Agenda Item 3E.5. Approve First Amendment to Legal Services Agreement with Chestnut Cambronne Prepared By Maria Cisneros, City Attorney Summary The City is in the process of soliciting proposals for prosecution services. The legal department would like to extend the existing agreement with Chestnut Cambronne to ensure sufficient time to complete the RFP process. Financial or Budget Considerations No change from 2023 budget. Legal Considerations Prosecution services are part of the Legal Department, therefore, the City Attorney will lead this effort and include input and advice from the City Manager, the PEACE Commission, the Police Department, and other experts in the legal community. Equity Considerations The City has not conducted an RFP for prosecution services for several decades. The City Council has asked staff to consider new and different approaches to prosecution in Golden Valley. Conducting an RFP process will allow staff to ensure the City is paying a fair price for these services and will provide an opportunity to evaluate the different approaches to prosecution available on the market. While state law does not require competitive bidding for professional services, over the last several years the City has begun requiring all departments to run professional service agreements through the contract review and competitive bidding processes. Requiring a competitive process is a best practice, aligns with the City's Equity Plan and Rising Tides Task Force recommendations, and will help eliminate biases and potential procurement barriers going forward. Recommended Action Motion to approve First Amendment to Legal Services Agreement with Chestnut Cambronne for prosecution services. Supporting Documents First Amendment to Legal Services Agreement 108 Page 1 of 2 FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT BETWEEN CITY OF GOLDEN VALLEY & CHESTNUT CAMBRONNE THIS SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY & CHESTNUT CAMBRONNE (“First Amendment”) is made effective as of June 6, 2023 (the “Amendment Effective Date”) by and between the City of Golden Valley (the “City”) and Chestnut Cambronne PA (“Prosecuting Attorney”). RECITALS WHEREAS, the City and Prosecuting Attorney are parties to a Legal Services Agreement, dated December 20, 2022 (the “Agreement”); and WHEREAS, the parties desire to modify the Agreement as provided herein; and WHEREAS, under the terms of the Agreement, upon the mutual written agreement of the City and Prosecuting Attorney, the terms of the Agreement may be modified; and WHEREAS, the parties wish to amend the Agreement as set forth below. AGREEMENT The parties agree to amend the Agreement as follows, effective as of the Amendment Effective Date: 1. Extension of Term. The term of the Agreement shall be extended and the Agreement shall continue in effect until September 30, 2023. 2. Rates. Prosecuting Attorney’s fees between June 30, 2023 and September 30, 2023 shall not exceed forty-four thousand seven hundred fifty dollars ($44,750), plus costs. 3. Ratification. Except as specifically provided in this First Amendment, each and every provision of the Agreement, as amended through the date hereof, remains, and is, in all respects, in full force and effect. 4. Counterparts. This First Amendment may be executed in any number of counterparts, including facsimile and .pdf, each of which constitutes an original and all of which, collectively, constitute one and the same instrument. The signatures of the parties need not appear on the same counterpart. 5. Miscellaneous. (i) The provisions hereof are binding upon and inure to the benefit of the parties and their respective successors and assigns; and (ii) this First Amendment and the License constitute the entire understanding between the parties in respect to the subject matter hereof. 109 Page 2 of 2 INTENDING TO BE LEGALLY BOUND HEREBY, the parties have executed this First Amendment as evidenced by the signatures of their authorized representatives below. Signed: CHESTNUT CAMBRONNE __________________________________ Nicole Appelbaum, Attorney Signed: CITY OF GOLDEN VALLEY, ________________________________ Shepard M. Harris, Mayor ________________________________ Timothy J. Cruikshank, City Manager 110 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 6, 2023 Agenda Item 3E.6. Approve Agreements with Reading & Math, Inc. DBA Ampact for Forestry Services Grant Prepared By Tim Kieffer, Public Works Director Al Lundstrom, Park Maintenance Superintendent Summary The city was selected to host an AmeriCorps member to help mitigate and prepare for climate change, with a focus on preserving and increasing tree canopy. The AmeriCorps member, under the guidance of the City Forester, will perform activities that are part of the Community Forestry Initiative as follows: Tree inventorying Tree planting Emerald Ash Borer management plan development and implementation Resident volunteer recruitment, training, and mobilization Community outreach and education activities Other activities in support of the city’s mission to preserve and increase tree canopy The agreement ends July 31, 2024. Financial or Budget Considerations There is no cost to the city. Legal Considerations The agreements have been reviewed and approved by the City Attorney. Equity Considerations AmeriCorps is a national service program that engages people in a commitment to service in meeting needs in their local communities. AmeriCorps programs and initiatives provide valuable resources that strengthen communities and build capacity. Through these efforts, Americans are better able to respond to community needs and challenges, and are more likely to serve in their neighborhoods. Recommended Action Motion to authorize the Mayor and City Manager to execute the Main Site Agreement with Reading & Math, Inc. DBA Ampact in the form approved by the City Attorney to provide a 111 Community Forestry member. Motion to authorize the Mayor and City Manager to execute the Climate Impact Corps Site Agreement Addendum with Reading & Math, Inc. DBA Ampact in the form approved by the City Attorney to provide a Community Forestry member. Supporting Documents Main Site Agreement with Climate Impact Corps Agreement Addendum with Climate Impact Corps Site 112 2023-2024 Ampact Site Agreement │ 1 Site Agreement The purpose of this agreement is to establish the basic parameters of the Service Site’s participation in AmeriCorps with Reading & Math, Inc. DBA Ampact for the 2023-2024 program year.Reading & Math, Inc. administers AmeriCorps programs that provide AmeriCorps members as a resource.This Agreement is valid through July 31, 2024. A.AmeriCorps programs: Reading Corps, Math Corps, Early Learning Corps, Recovery Corps, Climate Impact Corps, Heading Home Corps,Public Health Corps, Language Corps, Resettlement Corps, Summer Impact Corps, and any other AmeriCorps program administered by Reading & Math, Inc. are AmeriCorps programs. AmeriCorps is a national service program that engages people in a commitment to service in meeting needs in their local communities. B.Parties to this agreement: City of Golden Valley, 7800 Golden Valley Road, Golden Valley, MN 55427, hereafter referred to collectively as “Service Site” Reading & Math, Inc. DBA Ampact, 1200 S Washington Ave, Ste 310, Minneapolis MN 55415, hereafter referred to collectively as “Program” C.Definitions: 1.AmeriCorps Member. Individual who makes a commitment to serve for one term through the Program in a specific Program position, as listed in addendum. AmeriCorps members are not employees or volunteers; they are completing service and should be referred to as a “member”. 2.Service Site. This is the partner organization that hosts an AmeriCorps member to perform their service activities as outlined in their position description. 3.Internal Coach and/or Site Supervisor. Designee of the partnering Service Site who provides regular on-site supervision to ensure Program objectives are met and AmeriCorps regulations are upheld. 4.Program Staff. Any employee of Program who provides oversight and management for the Program including member recruitment and management, site relationship management, coaching, expertise or specialized knowledge related to program content, and compliance with AmeriCorps regulations. 5.AmeriCorps. Federal agency that administers and directs funding for all AmeriCorps programs. Hereafter referred to as “AmeriCorps”.AmeriCorps the agency was formerly 113 2023-2024 Ampact Site Agreement │ 2 known as the Corporation for National and Community Service, and may be referred to as “CNCS” or “the Corporation” in select federal policies D.Early termination: Any party to the Agreement can cancel the Agreement in writing at any time. At Program’s discretion, the Service Site’s failure to comply with the terms and conditions of this Agreement may result in forfeiting of the Service Site’s awarded members for the current program year and immediate termination of this Agreement. 114 2023-2024 Ampact Site Agreement │ 3 TERMS AND CONDITIONS OF AGREEMENT 1)Commitment to the Program Objectives and Model: The Service Site and Program agree to commit to Program objectives and Program model, as articulated in the addendum(s). 2)AmeriCorps Service Environment a)Service site location: Service Sites must have a physical site location in the geographic community where service is to occur with regular on-site supervision. “Remote service” and “virtual service sites” are not permitted by Program and AmeriCorps policy. “Virtual service sites” refer to organizations that do not have a physical location. “Remote service” is defined as an arrangement in which an AmeriCorps member does not reside within the commuting area of the geographic community where the service is to occur and is not expected to be physically present at the Service Site. b)Safe service environment:The Service Site agrees to provide the AmeriCorps member with a safe service environment. The Service Site will ensure members are provided with health and safety materials comparable to that provided to Service Site staff and volunteers. The Service Site will provide training to members on site-specific safety policies and protocols. c)Inclusive Service Site environment: The Program values the diversity of its Program Staff, members, Service Sites, and program participants. The Program expects Program Staff, members, and Service Sites to contribute to a service environment that is inclusive, respectful, and supportive of diversity. Any decisions or actions made by the Service Site or Program or its partner organizations that are not consistent with these expectations will be seen as a breach of this Site Agreement and any further relationship between the Program and the Service Site could be terminated. Service Site will provide the AmeriCorps member with a welcoming and inclusive service environment. The Service Site will treat members as part of the staff team, including inviting them to participate in staff activities or workshops, including in staff communication (e.g., adding to a staff email list), listing in staff directory, providing a name badge if needed, etc. Service Site staff will introduce member at a staff meeting or similar setting. d)Service Site staff engagement:Service Site will educate its staff about the purpose of the member position and Program, with support from Program Staff as needed. Leadership at the Service Site should be strong advocates for Program to garner staff support and buy-in. e)AmeriCorps signage: Service Site will post an AmeriCorps sign provided by Program in a visible location, such as a front office, lobby, or other area frequented by visitors or the public, to identify the organization as an AmeriCorps service site. f)Prohibited Activities:Service Site will post the full list of Prohibited Activities provided by Program in the member’s workspace. 115 2023-2024 Ampact Site Agreement │ 4 g)Non-displacement:Service Site will ensure an AmeriCorps member is not used to displace an employee or paid position (see “Federal Policies” section of this agreement). Examples of inappropriate service may include but are not limited to substituting or filling in for paid staff, inclusion in a staff to student/participant ratio, and administrative work not related to the Program. h)Accessibility: Service Site must be accessible to people with disabilities. i)Reasonable accommodations:In accordance with the Americans with Disabilities Act, any member with a disability known to Program may request a reasonable accommodation to enable performance of the essential functions of the AmeriCorps position. When this occurs, Program makes individualized decisions based on cooperative communications with the member and the Service Site. The Service Site shall work cooperatively with Program to facilitate this process as needed. j)Computer/device access and liability:Ensuring compliance at all times with the terms and conditions of Paragraph 5 (Data Management and Privacy) below, the Service Site shall provide members with access to a computer or other electronic device as follows: i)Members must have access to a computer or equivalent device beginning on their first day of service with a suite of office tools (Microsoft, Google, etc.), web camera, and Internet for Program-related purposes (i.e., completing training, completing time sheets, entering participant data in an online database, checking Program email, etc.). ii) The device used by the member must have a modern web browser (Chrome, Firefox, Safari, or Microsoft Edge) installed in either the browser’s current or next most recent version and should operate at a speed at least on par with computers used by Service Site staff. Any firewall software in use must permit unhindered and unrestricted access to all websites necessary for completing required Program-related tasks and reviewing online Program support and training materials. iii) Service Sites are encouraged to issue an email address to the member. This is required if common email providers are blocked at the Service Site. iv) Portable devices (1) Any portable device issued to a member by the Service Site shall be solely on the basis of a written technology agreement defining the terms of use, including at least: whether and when the device can be transported out of the Service Site, procedures to be followed in the event of loss of the device, and any specific data protection requirements. (2) By execution of this agreement, the Service Site agrees to cleanse the device of confidential data as defined in Paragraph 5) below. At the request of Program, the Service Site will provide written assurance that the device has been cleansed of confidential data as defined in Paragraph 5) below. (3) During and following the term of service, the Service Site shall bear the full risk of loss of any such device or its data. k)Workspace:Service Site will provide members with a workspace necessary to complete all required service activities. In programs where members are providing direct services to participants and/or students, the Service Site will provide a reasonable and quiet workspace to 116 2023-2024 Ampact Site Agreement │ 5 work with individuals, including access to a locked drawer to store confidential participant data. l)Materials, Supplies, and Equipment:The Program will provide any instructional resources and manuals required by AmeriCorps members to understand and implement the Program model. The Service Site will provide any materials, supplies, and/or equipment used by the member in carrying out service activities at or on behalf of the Service Site, including but not limited to photocopies, office supplies, and specialized equipment. m)Drug-Free Workplace Act:Pursuant to the Drug-Free Workplace Act of 1988, the Program is committed to maintaining a drug and alcohol-free environment. Members are prohibited from the illegal use, manufacture, sale, dispensation, distribution, or possession of illegal drugs, controlled substances, narcotics, or alcoholic beverages on Program premises, Service Sites, or while traveling in an official capacity. Service is conditioned upon compliance with this policy. The Program requires that each member engaged in the performance of a federal grant shall, as a condition of service under the grant, abide by the terms of this policy and shall notify Program Staff in writing of any criminal drug charge, arrest, or conviction occurring during service no later than five (5) days after such charge, arrest, or conviction. Upon receiving notice or otherwise learning about the charge, arrest, or conviction the Program will notify appropriate Federal-contracting agency within ten (10) days. Within 30 days of receiving such notice, the Program will (1) take disciplinary action up to and including exit for cause consistent with AmeriCorps rules regarding termination and suspension of service, or (2) require the member to satisfactorily participate in an approved drug treatment program. The Program shall make a good faith effort to continue to maintain a drug-free workplace through implementation of this policy. [Reference: 41 U.S.C. § 701 et seq.] 3)Member Recruitment and Hiring a)Recruitment: The Service Site will work in collaboration with Program Staff to recruit and fill its positions by the deadlines set by the Program. The Service Site will utilize recruitment materials provided by the Program. Individuals should be directed to apply on the Program’s website. b)Interview and Selection:Program Staff will screen all applications, conduct interviews, and manage offers for all candidates. Program Staff have the responsibility and authority to extend an offer for a position to an applicant. Program Staff make the final decision regarding the selection of members. The Program will not discriminate for or against any AmeriCorps service member or applicant on the basis of race, color, national origin, gender, age, religion, sexual orientation, disability, gender identity or expression, political affiliation, marital or parental status, familial status, military service, or any other category protected by law. c)Background checks:Member service is contingent upon successful completion of a three-part federally mandated background check (FBI, state repository, and sex offender registry checks). The Program will conduct and pay for a thorough background check on each applicant prior to their official acceptance into the Program. The Program will notify Service Sites if the applicant 117 2023-2024 Ampact Site Agreement │ 6 did not clear the background check according to the Program and AmeriCorps policy. Actual results of the background check will not be shared with Service Sites without written permission from the applicant. Background check results will not be shared with the Service Site where prohibited by law. Service Sites must indicate in this Agreement if it intends to conduct its own additional background check. The Service Site assumes all responsibility for costs associated with additional background checks. A member may not be asked to pay for the cost of a background check. More information about required background checks can be found at ampact.us/background. d)Transferring members: The Program reserves the right to transfer members from one Service Site to another Service Site in circumstances in which Program requirements are not being fulfilled. Other situations may arise which will require the Program to transfer a member on a case-by-case basis. e)Member Employment: Service Site may not hire/employ its member (or a member currently serving at another Service Site) during the member’s term of service. Members may not participate in paid employment at their Service Site while simultaneously enrolled as an AmeriCorps member (excluding positions in a Professional Corps grant). The Service Site is to make every reasonable effort to support a member in the successful completion of their Program's term of service. In the event the Service Site violates this policy, the Program reserves the right to recover all costs associated with the recruitment, selection, placement, and training of the AmeriCorps member. 4) Member Management and Supervision a)Internal Coach and/or Site Supervisor:The Service Site must designate a person(s) to be the Internal Coach and/or Site Supervisor, who will provide regular, on-site support and supervision to the AmeriCorps member(s). If this person is not designated prior to the member starting, the site Administrator/Director of the Service Site assumes responsibility for this role until an Internal Coach/Site Supervisor is named. The Internal Coach/Site Supervisor cannot be an AmeriCorps member. The Service Site must allow sufficient time for Internal Coach/Site Supervisors to fulfill their Program responsibilities, including completing required Program training and attending scheduled meetings. The time commitment is approximately 6-9 hours per month to support each member, plus required training. If the designated Internal Coach/Site Supervisor is not able to complete the Program year (e.g., they take a leave of absence from their position at the site), the Service Site is required to designate someone to be the Internal Coach/Site Supervisor for the remainder of the Program year. The duties of the Internal Coach and/or Site Supervisor include: 118 2023-2024 Ampact Site Agreement │ 7 i)On-site orientation: Provide an on-site orientation for the AmeriCorps member. This will include a tour of the building(s), explanation of site policies (including dress code, safety procedures, and data confidentiality), site expectations for the member, etc. This orientation should include setting a schedule for regular check-in meetings with each member. ii)Member Safety:In the event of a disaster or emergency that requires the closure of the Service Site (i.e. public health emergency, bomb threat, fire, severe weather, burst water pipe, teacher strike, etc.), the Internal Coach/Site Supervisor is responsible for notifying Program Staff immediately so that Program can enact an alternative service plan for the member. iii)Member time sheet approval: Establish a sign-in and sign-out procedure on-site to verify hours served by the member. Review and approve member time sheets every two weeks by the deadline. If a member’s time sheet is not approved by the deadline for the pay period, the member’s living allowance may be delayed until the following pay period and the time sheet is approved. iv)Set member schedule:Develop a schedule with the member that includes: (1) The ability to serve a minimum weekly number of hours that aligns with the member’s commitment as stated in their Member Service Agreement. See the Program-specific addendum for details. (2) A full caseload of participants as defined by Program, where applicable. (3) Adequate time for data entry and regular meetings with the Internal Coach/Site Supervisor. (4) Time to attend all required training and/or events. v)Data checks: Review data collected by members on a regular basis to ensure accuracy and complete reporting of services provided. Internal Coaches/Site Supervisors can determine the most convenient method for themselves to monitor data collection. vi)Performance management: Set clear expectations for the member at the start of their term, provide ongoing feedback on their performance, and immediately communicate any performance concerns to Program Staff. Work closely with Program Staff and Service Site Administrators/Directors (if applicable) if disciplinary action is needed. Members are expected to adhere to site policies regarding issues such as confidentiality, safety, dress code, attendance, etc. The Service Site does not have the authority to terminate a member but can request that Program Staff enact the Program performance management procedure. The Internal Coach/Site Supervisor is responsible for providing documentation required for the member’s personnel file as part of the performance management procedure. vii)Training completion: Complete required training as scheduled by Program. viii)Program site visits: Participate in visits and meetings with the Program. b)Member training: The Program provides members with training on the basic knowledge and skills necessary to complete the essential functions of their service position. Program Staff will 119 2023-2024 Ampact Site Agreement │ 8 coordinate the Program-specific training required for members and Internal Coaches/Site Supervisors. The Service Site will include members in relevant on-site training and/or staff meetings; any expenses related to this training are paid for by the Service Site. c)Meetings and site visits: Program Staff will conduct meetings and/or site visits, as needed, during the year with members and contacts of the Service Site. d)Monitoring Program requirements: Program Staff will track and monitor each member’s progress in completing Program requirements and provide timely updates to the Internal Coach/Site Supervisor to ensure members will complete all Program requirements, including required service hours, by the end of their term of service. e)Member personnel file: The Program is responsible for completing and maintaining a personnel file for each member, which includes all required documents (member eligibility documentation, time sheets, disciplinary action, performance evaluations, etc.). f)Member benefits: The Program is responsible for administering and overseeing the member benefits (as applicable), including living allowance, education award, health insurance, federal student loan forbearance, child care reimbursement, and any additional benefits for which the member qualifies. g)Injury, Worker’s Compensation, and Accidental Death & Dismemberment: The Program will cover AmeriCorps members under a Worker’s Compensation or Accidental Death & Dismemberment policy as required by state law. Members who sustain service-related injuries or illnesses must inform Program Staff within 24 hours and complete all requested documentation. All injuries, no matter how minor, must be reported by the member immediately to determine benefit eligibility in a timely manner. h)Conflict resolution: Program Staff work together with Service Site staff, including the Internal Coach/Site Supervisor, in resolving any member issues or conflicts with the program. 5) Data Management and Privacy a)Data management systems:The Program will provide a secure, online data management system for tracking service activities. b)Participant Data: In programs providing direct services to participants, the Service Site will support members in collecting data for participants who receive services from the Program, as detailed in the Program-specific addendum. When participant data is collected, this data is maintained online in a secure, data-privacy-compliant system. Service Sites are responsible for completing data management system training and monitoring their members’ reports to ensure data is submitted regularly and accurately. c)Data Privacy: The Program is required by law to protect the confidentiality of Personally Identifiable Information (“PII”) that is collected or made available due to the nature of the Program. This information includes, but is not limited to, the PII of AmeriCorps members, Service Site staff, or Program participants. 120 2023-2024 Ampact Site Agreement │ 9 PII is defined as any information, physical or electronic, about an individual that can be used to distinguish or trace a person’s identity, including but not limited to name, social security number, date and place of birth, mother’s maiden name, education, financial transactions, medical, criminal and employment history, biometric records, and any other personal information that is linked or linkable to an individual. Protecting PII includes establishing procedures to prepare for and respond to a breach of confidentiality. “Breach” is defined as: loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar situation where persons other than authorized users and for other than authorized purpose have access or potential access to PII. The Program protects the confidentiality of PII by: Designating a PII Security Coordinator; Identifying the types of PII that we collect, the places where it is stored, and the service providers with whom it is shared; Documenting policies and procedures in place to protect PII, regardless of where it is stored; Identifying and documenting realistic risks to the security, confidentiality, and integrity of PII; and, Following those procedures in the event of a breach. Program Staff must be notified immediately if any representative of the Service Site suspects a breach of confidentiality related to the execution of the activities outlined in this agreement. 6) Grievance Procedure:The Service Site will inform the Program, in writing, of any instance in which the Service Site wishes to initiate the grievance procedure that is maintained by the Program. The specific grievance must be cited to initiate the process. Concerns should be reported as early as possible. Formal grievances must be presented in writing within one year of the date of the disputed events. In the case of a grievance that alleges fraud or criminal activity, it must immediately be brought to the attention of the AmeriCorps Inspector General at https://www.americorpsoig.gov/ or by calling 1-800-452-8210. 7) In-Kind Contribution Reporting: The Program may be required to collect information from the Service Site about non-monetary (in-kind) contributions to the Program to fulfill federal funder obligations. In-kind contributions are required to eliminate or reduce Service Site fees for participation in the program. The site’s in-kind contribution is required for the Program to operate and includes, but is not limited to, the monetary value of the space, supplies, and staff involved in operating the program. When necessary, the Service Site will complete an in-kind contribution report for space and supply contributions once each program year. Space and supply contributions may include, but are not limited to, workspace, office furniture, phone/Internet, computer, tablet, or other devices, office supplies, or any other supplies or equipment regularly used by the member to conduct their service. 121 2023-2024 Ampact Site Agreement │ 10 When necessary, the in-kind contribution of staff time will be collected regularly for Internal Coaches/Site Supervisors or other staff who dedicate time to the Program. The value of the contribution will be calculated by the number of hours staff dedicate to the Program multiplied by the staff member’s hourly wage based on salary and/or benefits provided by the Service Site. 122 2023-2024 Ampact Site Agreement │ 11 FEDERAL POLICY: PROHIBITED ACTIVITIES FOR AMERICORPS MEMBERS AmeriCorps members may not engage in the below activities directly or indirectly by recruiting, training, or managing others for the primary purpose of engaging in one of the activities listed below per 45 CFR 2520.65. A. While charging time to the AmeriCorps program, accumulating service or training hours, or otherwise performing activities supported by the AmeriCorps program or the Corporation, staff and members may not engage in the following activities: 1. Attempting to influence legislation; 2. Organizing or engaging in protests, petitions, boycotts, or strikes; 3. Assisting, promoting, or deterring union organizing; 4. Impairing existing contracts for services or collective bargaining agreements; 5. Engaging in partisan political activities, or other activities designed to influence the outcome of an election to any public office; 6. Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials; 7. Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytization; 8. Providing a direct benefit to: i. A business organized for profit; ii. A labor union; iii. A partisan political organization; iv. A nonprofit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 except that nothing in this section shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; v. An organization engaged in the religious activities described in paragraph (7) of this section, unless Corporation funds are not used to support the religious activities; and 9. Conducting a voter registration drive or using Corporation funds to conduct a voter registration drive; 10. Providing abortion services or referrals for receipt of such services; 11. Such other activities as the Corporation may prohibit. In addition to the above activities, the below activities are additionally prohibited: Census Activities. AmeriCorps members and volunteers associated with AmeriCorps grants may not engage in census activities during service hours. Being a census taker during service hours is categorically prohibited. Election and Polling Activities. AmeriCorps member may not provide services for election or polling locations or in support of such activities. AmeriCorps members may not engage in the above activities directly or indirectly by recruiting, training, or managing others for the primary 123 2023-2024 Ampact Site Agreement │ 12 purpose of engaging in one of the activities listed above. B. Individuals may exercise their rights as private citizens and may participate in the activities listed above on their initiative, on non-AmeriCorps time, and using non-Corporation funds. Individuals should not wear the AmeriCorps logo while doing so. 124 2023-2024 Ampact Site Agreement │ 13 FEDERAL POLICIES: SUPPLANTATION, NON-DUPLICATION AND NON- DISPLACEMENT POLICY These policies outline restrictions that govern the use of Corporation for National and Community Service (CNCS) assistance. A.Supplantation: Corporation assistance may not be used to replace State and local public funds that had been used to support programs of the type eligible to receive Corporation support. For any given program, this condition will be satisfied if the aggregate non-Federal public expenditure for that Program in the fiscal year that support is to be provided is not less than the previous fiscal year. [45 CFR 2540.100 (a)] B.Non-Duplication: Corporation assistance may not be used to duplicate an activity that is already available in the locality of a Program. And, unless the requirements of the ‘Non-displacement’ paragraph of this section are met, Corporation assistance will not be provided to a private nonprofit entity to conduct activities that are the same or substantially equivalent to activities provided by a State or local government agency in which such entity resides. [45 CFR 2540.100 (e)] C.Non-Displacement: 1. An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving Corporation assistance. 2. An organization may not displace a volunteer by using a participant in a program receiving Corporation assistance. 3. A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual. 4. A participant in a program receiving Corporation assistance may not perform any services or duties, or engage in activities, that would otherwise be performed by an employee as part of the assigned duties of such employee. 5. A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that- I. Will supplant the hiring of employed workers; or II. Are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures. 6. A participant in any program receiving assistance under this chapter may not perform services or duties that have been performed by or were assigned to any- I. Presently employed worker; II. Employee who recently resigned or was discharged; III. Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures; 7. Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or 8. Employee who is on strike or being locked out. [45 CFR 2540.100 (f)] 125 2023-2024 Ampact Site Agreement │ 14 FEDERAL POLICY: NON-DISCRIMINATION POLICY Program does not discriminate in Program admission on the basis of race, color, national origin, gender, age, religion, sexual orientation, disability, gender identity or expression, political affiliation, marital or parental status, familial status, military service, or any other category protected by law. Member selection is based solely on an applicant's ability to perform the essential functions of the position in the opinion of Program. It is unlawful to retaliate against any person who, or organization that, files a complaint about such discrimination. In addition to filing a complaint with local and state agencies that are responsible for resolving discrimination complaints, you may bring a complaint to the attention of the Corporation. If you believe that you or others have been discriminated against, or if you want more information, contact: Reading & Math, Inc. DBA Ampact 1200 S. Washington Ave, Ste 310, Minneapolis, MN 55415 humanresources@ampact.us or (612) 206-3030 Equal Opportunity Program (EOP) AmeriCorps 1201 New York Ave NW, Washington, DC 20525 Voice: (202) 606-7503; TTY: (202) 565-2799; Email: eo@cns.gov Program makes every effort to ensure that service sites have similar non-discrimination policies. Members with questions or concerns about any type of discrimination in their placement workplace are encouraged to bring these issues to the attention of their Internal Coach/Site Supervisor, site contact, and/or Program Staff. If Service Site is found to be engaging in such activities, removal of the current member(s) and denial of future members at that agency may result. Discrimination on the part of AmeriCorps members will also not be tolerated. Anyone found to be engaging in any type of unlawful or harassing discrimination will be subject to disciplinary action, up to and including dismissal from the Program. The Program will not tolerate harassment of any kind. Harassment includes threatening or insinuating that the refusal to submit to sexual advances will adversely affect admission or Program benefits. Harassment may also include conduct such as unwanted sexual flirtation or touches; abusive or degrading language; graphic or suggestive comments; or displaying inappropriate objects or pictures. Any member who believes that they have been subject to harassment of any kind, or who has knowledge about harassment of others, should report the harassment to an immediate supervisor, superior, and/or Program Staff. Note to Service Sites: In any case of discrimination related to an AmeriCorps member, the Service Site must contact Program Staff before taking action. Full text of the AmeriCorps Civil Rights and Non-Harassment Policy can be found in the AmeriCorps Program Manual provided to AmeriCorps members and Internal Coaches/Site Supervisors at the beginning of each program year. 126 2023-2024 Ampact Site Agreement │ 15 Additional Requirements from the Service Site Service Site must indicate any other requirements or conditions of partnership required by Service Site. Select One: Yes/No - Service site requires additional background check conducted on AmeriCorps members. If “Yes”: Please provide any additional information or details related to background check required by the Service Site Select One: Yes/No - Service site requires AmeriCorps members to receive specific vaccinations (e.g. COVID-19) and/or complete specific medical testing (e.g. tuberculosis). If “Yes”: Please provide any additional information or details related to vaccination and/or medical testing requirements. Select One: Yes/No Service site has additional requirements of AmeriCorps members and/or Program outlined below: If “Yes”: Please explain any additional requirements of AmeriCorps members and/or Program required for partnerships. ______ Any additional requirements by the Service Site have been reviewed and approved by the Program’s Director of Partnerships or their representative prior to signature by Managing Director. 127 2023-2024 Ampact Site Agreement │ 16 CERTIFICATION This Site Agreement and attached Program-specific addendum(s) serve as an agreement between the Service Site and the Program for the stated program year. The terms of this agreement will end on July 31, 2024. Amendments to this agreement shall be done in writing. The Parties will mutually agree to specific Programs to be provided by Reading & Math, Inc. DBA Ampact and attach them to this Agreement in the Addendum(s). Member Award 1 Community Forestry Member An award refers to the number and type of AmeriCorps member(s) that have been approved for placement at the Service Site. The fulfillment of this award is contingent upon successful recruitment of AmeriCorps member(s) and is not a guarantee of AmeriCorps member placement. This award may be changed by request of the Service Site or Program or through the enforcement of the terms of this agreement. Changes will be communicated in writing. Signature Service Site staff must complete the electronic version of this Site Agreement and Program-specific addendum(s) in their entirety to certify the Service Site has read and understands the agreement prior to a member being placed at the Service Site. By signing this agreement, Service Site staff and Program Staff acknowledge that they have read, understand, and agree to all terms and conditions of this agreement and have the authority to enter this agreement on behalf of the Service Site and Program. Service Site Staff Reading & Math, Inc. DBA Ampact Staff Name: Shepard M. Harris Name: Sadie O’Connor Title: Mayor Title: Managing Director Signature:_________________________Signature Date: June 6, 2023 Date Name: Timothy J. Cruikshank Title: City Manager Signature:_________________________ Date: June 6, 2023 128 Community Forestry Initiative Site Agreement Addendum │ 1 The purpose of this addendum is to establish the basic parameters of the Service Site’s participation in Climate Impact Corps for the 2023-24 program year.Climate Impact Corps is an AmeriCorps program that provides AmeriCorps members as a resource. Parties to this agreement: City of Golden Valley, 7800 Golden Valley Road, Golden Valley, MN 55427, hereafter referred to collectively as “Service Site” Reading & Math, Inc.DBA Ampact, hereafter referred to as “Program”, 1200 S Washington Ave, Ste 310, Minneapolis MN 55415 A.Program Model. The service site agrees to implement the Climate Impact Corps model for the program initiative(s) in which they participate as designed. 1.Program Initiatives. Climate Impact Corps offers three different initiatives with a specific focus using evidence-based strategies and the power of national service to help communities mitigate and prepare for climate change. i.Community Forestry Initiative: AmeriCorps members serve at nonprofit or public agencies with a mission to preserve and protect the environment, with an emphasis on preserving and increasing tree canopy, including in urban settings. AmeriCorps members with the Community Forestry Initiative are referred to as Community Forestry members. ii.Home Energy Initiative: AmeriCorps members support Minnesotans who are eligible for the Weatherization Assistance Program by providing education and other support. AmeriCorps members with the Home Energy Initiative are referred to as Home Energy members. iii.Community Resilience Initiative:AmeriCorps members help build resilience to climate change by engaging and educating community members in environmental efforts.There are two AmeriCorps member positions with the Community Resilience Initiative: Community Stewardship Facilitators and Sustainability Project Coordinators. 2.Member Activities: The Service Site is responsible for supporting each member in implementing the activities that are part of their position, as outlined in the summaries below.A full description of the responsibilities is available in the annual Guide to Partnering with Climate Impact Corps provided to site partners. i.Community Forestry Members:Members support a range of activities that focus on preserving and increasing tree canopy in urban, suburban, and rural communities, that may include: 129 Community Forestry Initiative Site Agreement Addendum │ 2 1. Implementing tree planting plans and programs 2. Creating and updating tree inventories 3. Planning and implementing tree planting events with volunteers and/or Service Site staff 4. Maintaining trees through a variety of practices including pruning, mulching, and watering 5. Designing, constructing, and managing gravel bed nurseries 6. Recruiting, training, and utilizing volunteers to support community forestry practices including, but not limited to, planting and maintaining trees 7. Engaging community members in community forestry stewardship activities through outreach and education experiences ii.Home Energy Members: Members support a range of activities that focus on promoting home energy equity and conservation. Home Energy members will have the opportunity to earn a Building Performance Institute – Building Analyst credential as part of their service. This position supports three primary activities: 1. Ensuring households are aware of and able to apply for available energy- assistance programs 2. Providing in-home energy efficiency services, including energy audit support, direct installation of energy saving equipment, and household resident education 3. Conducting remote solar opportunity assessments and household resident education iii.Community Stewardship Facilitators:Members build community by organizing and facilitating environmental action activities in one of the following categories: 1. Physical changes to the environment 2. Producing goods and services for the community 3. Community education 4. Community science and inquiry Members facilitate the activities with the goal of building social capital (people-to- people connections) and sense of place (people-to-place connections). iv.Sustainability Project Coordinator:Members create connections between individuals and the knowledge and resources needed to promote environmental, economic, social, and cultural sustainability. Members work with Service Site to advance local sustainability efforts with an emphasis on historically marginalized communities. Members projects are outlined by a site-specific service plan with the following core elements: 1. Support community projects and partnerships in the areas of sustainability, community resilience, and community engagement under the direction of the service site. 2. Advance implementation of local climate action using community-based social marketing and other behavior change strategies. 3. Conduct clean energy outreach and education in collaboration with local partners with a focus on connecting households to resources to manage and reduce their energy burden. 130 Community Forestry Initiative Site Agreement Addendum │ 3 3.Member Schedule: The Site Supervisor is responsible for developing a schedule with the member to allow for 40 hours of service each week for full-time members, and 25 hours per week for part-time members. 4.Data: Members are responsible for entering program data into Knack as part of their regular schedule. Knack is an online password-protected data system maintained by the program. Site Supervisors are required to ensure that members are submitting data regularly and accurately. Members may also use additional applications to support data collection specific to their position. Service Sites must allow Members to access all required data systems and applications. B. Program-Specific Policies 1.Personal Vehicle and Transportation Policy: i.Personal Vehicles: Members are prohibited from using their personal vehicle to transport Service Site employees and/or participants. Members may use their personal vehicle to transport materials and/or property on behalf of the Service Site. Any member transporting materials must be incidental in the role, regular transportation of materials is prohibited. The handling, loading, unloading, and transportation of hazardous materials is prohibited. ii.Service Site Vehicles:Members may drive Service Site-owned or leased vehicles to transport materials and/or property. Members are prohibited from transporting Service Site employees and/or participants. Any Member that is a potential driver of a Service Site-owned or leased vehicle cannot be required to drive for the Service Site but may agree to do so. This agreement must be in writing and include the member’s printed name, signature, and date of the agreement. Either party may rescind this agreement at any time without cause or consequence. This agreement is to be kept on file with the Service Site. Any member transporting materials must be incidental in the role, regular transportation of materials is prohibited. The handling, loading, unloading and transportation of hazardous materials is prohibited. iii.Driver’s Checks and Liability Coverage:Program will conduct a driver’s check on every member to ensure a valid driver’s license, driving history acceptable to the insurance company and auto liability coverage. If a member is driving a Service Site-owner or leased vehicle, the Service Site will be responsible for determining that the Member has a valid driver’s license and meets the minimum standards for the organization’s driving policies. The Service Site agrees to provide proof of insurance upon request. 2.Power Tools and Herbicides: Members are limited to a specific, allowable list of power tools, herbicides, and application methods during their service. All members and Site Supervisors must complete the required training prior to member’s use of allowable power tools and herbicides. Some power tools, including but not limited to, power saws, brush cutters, and drip and weed torches, are prohibited as they pose an undue safety risk. Any power tools not on the prohibited or allowable list must be approved by the Program. 131 Community Forestry Initiative Site Agreement Addendum │ 4 CERTIFICATION This program specific addendum serves as an agreement between the Service Site and the Program for the stated program year(s) as a part of the Site Agreement signed for 2023-2024. The terms of this agreement are valid through July 31, 2024. Amendments to this agreement shall be done in writing. Signature By signing this agreement, I acknowledge that I have read, understand, and agree to all terms and conditions of this agreement. Service Site Staff Reading & Math, Inc. DBA Ampact Staff Name: Shepard M. Harris Name: Sadie O’Connor Title: Mayor Title: Managing Director Signature:_________________________Signature Date: June 6, 2023 Date Name: Timothy J. Cruikshank Title: City Manager Signature:_________________________ Date: June 6, 2023 132 EXECUTIVE SUMMARY Parks & Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 6, 2023 Agenda Item 3F.1. Adopt Resolution No. 23-039 Accepting Donation to Support Play Structure Relocation from Wildwood Park to Isaacson Park Prepared By Sheila VanSloun, Parks & Recreation Administrative Assistant Rick Birno, Director of Parks & Recreation Summary As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. All donations and grants must be acknowledged and accepted by motion with a simple majority. Financial or Budget Considerations Not applicable Legal Considerations Not required Equity Considerations Providing unbiased programs and services through infrastructure that supports and advances diversity, equity, and inclusion in all Golden Valley parks. Recommended Action Motion to adopt Resolution No. 23-039 accepting the donation from the Noah Joynes Youth Recreation Fund and the Golden Valley Little League Youth Baseball Association to support the play structure relocation from Wildwood Park to Isaacson Park. Supporting Documents Resolution No. 23-039 Donation Supporting Play Structure Relocation from Wildwood Park to Isaacson Park 133 RESOLUTION NO. 23-039 RESOLUTION ACCEPTING A DONATION SUPPORTING THE PLAY STRUCTURE RELOCATION FROM WILDWOOD PARK TO ISAACSON PARK FROM THE NOAH JOYNES YOUTH RECREATION FUND AND THE GOLDEN VALLEY LITTLE LEAGUE YOUTH BASEBALL ASSOCIATION WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004, which established a policy for the receipt of gifts; and WHEREAS,the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following donations on behalf of its citizens: $1,314 donation from the Noah Joynes Youth Recreation Fund $200 donation from the Golden Valley Little League Youth Baseball Association For a total donation of $1,514 to support the play structure relocation from Wildwood Park to Isaacson Park. Adopted by the City Council of Golden Valley, Minnesota this 6th day of June, 2023. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 134 EXECUTIVE SUMMARY Parks & Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 6, 2023 Agenda Item 3F.2. Adopt Resolution No. 23-040 Accepting Donation for a Disc Golf Bench to be Located on Brookview Golf Course from the Noah Joynes Youth Recreation Fund Prepared By Sheila VanSloun, Parks & Recreation Administrative Assistant Ben Disch, Brookview Golf Manager Rick Birno, Director of Parks & Recreation Summary As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. All donations and grants must be acknowledged and accepted by motion with a simple majority. Financial or Budget Considerations Not applicable Legal Considerations Not required Equity Considerations Providing unbiased programs and services through infrastructure that supports and advances diversity, equity, and inclusion in all Golden Valley parks. Recommended Action Motion to adopt Resolution No. 23-040 accepting the donation from the Noah Joynes Youth Recreation Fund for the addition of a disc golf bench at Brookview Golf course. Supporting Documents Resolution No. 23-040 Accepting Donation for a Disc Golf Bench Located on Brookview Golf Course from the Noah Joynes Youth Recreation Fund 135 RESOLUTION NO. 23-040 RESOLUTION ACCEPTING THE DONATION OF A BENCH FROM THE NOAH JOYNES YOUTH RECREATION FUND TO BE LOCATED AT BROOKVIEW GOLF COURSE FOR DISC GOLF WHEREAS,the City Council adopted Resolution 04-20 on March 16, 2004, which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following donations on behalf of its citizens: $1,000 donation from the Noah Joynes Youth Recreation Fund for the addition of a golf course bench for disc golf patrons. Adopted by the City Council of Golden Valley, Minnesota this 6th day of June, 2023. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 136 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 6, 2023 Agenda Item 3G. Adopt Resolution No. 23-041 in Support of Fire Station Funding Submission to Minnesota Department of Management and Budget Prepared By Alma Flores, Community Development Director Summary The 2016 and the 2022 Studies of Fire Department Operations and Facilities recommended the City transition from a three-station, paid-on-call staffing model to a two-station, duty crew model. This recommendation reflects the Fire Department's ongoing challenges with hiring, retention, and the impact of outdated facilities on the Department's ability to operate 24/7 duty crews, meet national guidelines for fire service operations and to provide facilities that support gender-equitable crews. The 2022 Municipal Facilities Study recommended reconstruction of Downtown Fire Station #1 and the location of a new remote fire station in a location optimized for the Department's overall response time coverage of the City in total square footage as well as coverage of areas of historic calls. The City's 2022-2023 Station Location Analysis Study included further development of the proposed remote fire station's space needs, utilizing dialogue and collaboration with Golden Valley Fire Department leadership and staff, and included multiple rounds of city-wide community engagement to seek public input and feedback on potential fire station locations. Outcomes of this process affirmed a goal of utilizing previously-developed commercial or industrial properties located in areas that facilitate optimized response time coverage in conjunction with coverage of the Downtown Fire Station. At the time of this summary, the City is seeking to engage a real estate broker to negotiate purchase and sale agreements for the identified site, as it meets City planning objectives, Fire Department operational requirements, and resident's preferences for a commercial location. The City Council has approved a preliminary 2022-2031 Capital Improvement Plan which anticipated acquisition and design work beginning in 2022/2023 and the construction of a remote fire station in 2024/2025. The detailed process of the Station Location Analysis, as well as the State's adjusted bonding schedule, has adjusted this timeline to 2023/2024 for design and documentation, with projected construction in 2025/2026. The City's consultants have updated the previously established estimation of probable costs to coordinate with this timetable and reflecting the attributes and scope of the project as it would be constructed on the proposed site, including a two-story fire station, and adjustments and modifications to surrounding site and street infrastructure elements. 137 Due to the public safety enhancements resulting from a new station, the regional benefits provided through mutual aid agreements, and a successful prior request for site acquisition, pre-design, and design, it is believed the fire station is an appropriate candidate for State Funding through a biannual capital budget request to the 2024 State Legislature. The City's 2022 application of a bonding request for funds supporting site acquisition, pre-design services, and design services was included in the approved Bill HF670 Bonding Session in the amount of $3,172,000. Half of the submitted amount per legislative bonding process rules. At that time, it was noted that the City planned to submit a bonding request for the 2024 session to support construction. In alignment with the projected design schedule, and to support a timely start of construction, the City has prepared a Resolution requesting partial funding for construction in the amount of $7.15MM of a total construction estimate of $14.3MM. To complete the 2024 bonding application, the attached Resolution of support from the City Council is required. Financial or Budget Considerations By statute, projects receiving State funding generally must have a least a 50% local match. The 2022- 2031 CIP reflects both a local contribution and State bonding funds for the fire station. The city's match will come from unassigned fund balances and future bond sales. Legal Considerations Resolution No. 23-041 has been reviewed and approved by the City Attorney. Equity Considerations The construction of a new fire station provides the needed space and amenities for all fire fighters. Recommended Action 1. Motion to accept funding from the State of Minnesota Bill HF670 in the amount of $3,172,000 for a grant to the City of Golden Valley to acquire and improve property, predesign, and design a new fire station with space to provide regional training opportunities and other associated site improvements. 2. Motion to adopt Resolution No. 23-041 supporting the City's 2024 legislative bonding request in the amount of $7.15M to construct a remote fire station. Supporting Documents Resolution No. 23-041 - Support of Fire Station Funding Submission to MMB 138 RESOLUTION NO. 23-041 RESOLUTION IN SUPPORT OF THE CITY’S 2024 LEGISLATIVE BONDING REQUEST, UNDER MINNESOTA STATUTES 16A.86, TO CONSTRUCT A REMOTE FIRE STATION WHEREAS,the City of Golden Valley is transitioning to duty crew fire department operations, providing 24/7 staffing at fire stations; and WHEREAS, 2016 and 2022 studies by professional consultants affirmed the need for this operational transition to support hiring, retention, and consistency and reliability of fire service delivery for residents, visitors, and businesses; and WHEREAS,the same studies utilized industry-standard response time mapping under a duty crew service model to define the optimized quantity of fire stations as two stations, retaining a centralized downtown fire station and recommending a new, optimally placed remote station, which together will provide maximized coverage of the city’s square footage and historic calls; and WHEREAS, the City has utilized professional consultation and multiple rounds of city-wide community engagement activities to define a remote fire station’s detailed space needs and explore an acceptable and effective location within the City to improve upon current response times according to National Fire Protection Association standards; and WHEREAS, the City has identified a potential site for the proposed remote fire station and hired a commercial real estate broker to negotiate purchase and sale agreements; and WHEREAS, the proposed project supports the continuity, efficiency, and efficacy of fire services to the residents, visitors, and business owners of the City, as well as responding to mutual aid calls from other communities to support public safety and emergency response throughout the west metro area; and WHEREAS, the proposed new facility will provide code, regulatory, and best practice facilities for duty-crew service, further supporting the City’s transition to duty-crew service, with facilities that provide gender-equitable resources for all firefighters; and WHEREAS, it has been determined that a newly located remote fire station is the highest and first priority for addressing both the City’s facility needs and public safety; and WHEREAS, the City Council has approved a preliminary 2022-2031 Capital Improvement Plan which includes a remote fire station; and WHEREAS, the City wishes at this time to proceed with construction for a remote fire station, and estimates the cost of these activities to be $14.3 million, and is seeking funding from the State of Minnesota in FY 2024 in the amount of $7.15 million to help fund these expenditures; and WHEREAS,the City acknowledges that M.S. 16A86, subd 4 requires at least 50% of the project funding come from non-state sources. 139 Resolution No. 23-041 June 6, 2023 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GOLDEN VALLEY that this Council supports an application for the City’s 2024 legislative bonding request to construct a remote fire station. Adopted by the City Council of Golden Valley, Minnesota this 6th day of June 2023. __________________________ ATTEST: Shepard M. Harris, Mayor _______________________ Theresa Schyma, City Clerk 140 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Work Session June 6, 2023 Agenda Item 3H. Adopt Resolution No. 23-042 Approving Updated Assignments and Meetings Payment Attended by the Mayor Council Prepared By Timothy Cruikshank, City Manager Summary Each year, the City Council appoints its members and staff to fill several roles required by statute. Additionally, the Council appoints its members to serve as representatives on various assignments. At the December 20, 2022, City Council meeting, the Council adopted Resolution No. 22-117 approving assignments to various committees for 2023. At the April 18, 2023 City Council Meeting the Council declared a vacancy on the City Council for the remainder of the unexpired term for Council Member Kimberly Sanberg whose resignation from the Golden Valley City Council was effective May 16, 2023. The Council appointed Sophia Ginis to the office of Council Member at the May 19, 2023 Special City Council Meeting effective immediately and for the remainder of the term set to expire on January 2, 2024. With a mid-year change in Council, liaison appointments and committee assignments should be updated to include Council Member Ginis. The updated 2023 liaison appointments and committee assignments are as follows: 1. Board and Commission Liaisons. Each year, the Council appoints one Council Member to act as a liaison to each Board and Commission. Board and Commission liaison appointments are amended for the remainder of 2023 as follows: Environmental Commission – Council Member Ginis Police Employment, Accountability & Community Engagement (PEACE) – Council Member Ginis 2. Other Assignments. Each year, the Council assigns Council Members to serve as representatives on various other assignments. These appointments are for a one-year term. (Golden Valley City Code Section 2-43(b)) Committee assignments are amended for the remainder of 2023 as follows: Hopkins School District 270 Caring Youth Committee – Council Member Ginis Hopkins School District 270 Cities Joint Meetings – Council Member Ginis Metro Cities/LMC – Varies 141 Northwest Suburbs Cable Communications/ CCX – Council Member Ginis Quarterly Golden Valley Police Department Committee – Mayor Harris (Regular Representative); 1 Council Member rotated quarterly Robbinsdale School District 281 Government Advisory Committee – Council Member Ginis Financial or Budget Considerations Under City Code, Section 2-43 , the Mayor and Council are paid $50 for each meeting they are directed or designated to attend, up to a maximum of $150 per month. Where a delegate and alternate are appointed, the delegate is eligible for payment for all meetings they attend. The alternate is eligible for payment for all meetings they attend that the delegate does not attend. The Ordinance requires the Council to outline the method for approval of meetings by resolution. Legal Considerations This item does not require legal review. Equity Considerations The City recognizes the historical and present disparities perpetuated by its structures, policies, and procedures burdened by different communities, particularly within Black, Indigenous and People of Color communities. The City Council is dedicated to examining practices and frameworks to dismantle inequity and barriers. While serving as liaisons and delegates to various boards, commissions, and committees, the Council is mindful to view their assignments through an equity lens. The City Council provides input to these committees and are aware of the impact their directives can have in dismantling barriers, providing resources, and enhancing opportunities for all residents and visitors to the City of Golden Valley. Recommended Action Motion to Adopt Resolution No. 23-042 Approving Updated Assignments and Meetings Payment Attended by the Mayor and Council. Supporting Documents Resolution No. 23-042 Approving Updated Assignments and Meetings Payment Attended by the Mayor and Council 142 RESOLUTION NO. 23-042 RESOLUTION FOR APPROVAL OF UPDATED ASSIGNMENTS AND MEETINGS PAYMENT ATTENDED BY THE MAYOR AND COUNCIL WHEREAS,each year the City Council assigns Council Members to serve as representatives on various Committees and Subcommittees; and WHEREAS, Golden Valley City Code Section 2-43(b) states "In addition to their salaries, the Mayor and Council shall be paid $50 for each meeting they are directed or designated to attend, up to a maximum of $150 per month. The method for approval of meetings shall be outlined by resolution of the Council"; and WHEREAS, at the December 20, 2022, City Council meeting, the Council adopted Resolution No. 22-117 approving assignments to various committees for 2023; and WHEREAS, at the April 18, 2023 City Council Meeting the Council adopted Resolution No. 23-019 declaring a vacancy on the City Council for the remainder of the unexpired term for Council Member Kimberly Sanberg whose resignation from the Golden Valley City Council was effective May 16, 2023 and; WHEREAS,at the May 19, 2023 Special City Council Meeting the Council adopted Resolution No. 23-037 appointing Sophia Ginis to the office of Council Member of the Golden Valley City Council effective May 19, 2023, for the remainder of the term set to expire on January 2, 2024; and WHEREAS, at the June 6, 2023 City Council meeting, the Council adopted Resolution No. 23-042 approving updated assignments to include Council Member Ginis to the following: Hopkins School District 270 Caring Youth Committee Hopkins School District 270 Cities Joint Meetings League of Minnesota Cities Metro Cities Northwest Suburbs Cable Communications/ CCX Quarterly Golden Valley Police Department Committee Robbinsdale School District 281 Government Advisory Committee NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Golden Valley that it hereby approves payment to the Mayor and Council for attendance at the above listed meetings pursuant to City Code Section 2-43(b) and that payment shall be made upon submission of proof of attendance at the meeting to the City Manager. Where a delegate and alternate are appointed, the delegate is eligible to be paid for all meetings they attend. The alternate is eligible for payment for all meetings they attend that the delegate does not attend. Adopted by the City Council of Golden Valley, Minnesota this 6 th day of June 2023. ______________________ ATTEST: Shepard M. Harris, Mayor _______________________ Theresa Schyma, City Clerk 143 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 6, 2023 Agenda Item 4A. Adopt Resolution No. 23-043 to Accept the Municipal Separate Storm Sewer System General Permit, Storm Water Pollution Prevention Program (SWPPP) 2022 Annual Report to the Minnesota Pollution Control Agency Prepared By Drew Chirpich, Water and Natural Resource Specialist Summary As authorized by the Clean Water Act of 1972 and its amendments, the U.S. Environmental Protection Agency (EPA) oversees the National Pollutant Discharge Elimination System (NPDES) permit program which regulates point and non-point sources of pollution into our nation's waterways. Point sources include pipes and ditches and non-point sources include overland precipitation runoff. The Minnesota Pollution Control Agency (MPCA) manages the permit program for EPA in Minnesota. Cities like Golden Valley, which operate their own storm sewer systems, are required to obtain a Municipal Separate Storm Sewer System (MS4) General Permit from the MPCA. The permit allows Golden Valley to discharge storm water into public receiving waters. It also requires that the City develop and implement a Storm Water Pollution Prevention Program (SWPPP) to reduce the contamination of storm water runoff and prohibit illicit discharges. Golden Valley's SWPPP addresses the six minimum control measure outlined in the MS4 permit requirements: 1. Public Education and Outreach 2. Public Involvement and Participation 3. Illicit Discharge, Detection, and Elimination 4. Construction Site Runoff Control 5. Post Construction Runoff Control 6. Pollution Prevention and Good Housekeeping The holding of an annual public hearing and preparation of an annual report are requirements of the MS4 permit. The City must create a record of the public comments received, either written or oral. The public input must be considered and a record of decision must be added to the annual report to MPCA. Financial or Budget Considerations 144 In 2023, the City has a storm water utility operating budget of approximately $1.6M and a capital improvement program of approximately $4.7M. Residential properties pay a utility fee of $28 per quarter and commercial properties pay a fee of $135 per acre per month to help fund the City's comprehensive storm water management program. Revenue also comes from grants, loans, reimbursements, and other funding sources. The program includes all staff, training, supplies, professional services, contractual services, and capital outlay (projects and equipment) necessary to meet the State's permit requirements and the City's environmental goals. Among these goals are maintaining and improving drainage, reducing flooding, increasing sustainability and resilience to a changing climate, and protecting and improving water quality. Legal Considerations The City Attorney has reviewed and approved the documents. Equity Considerations Clean water is critical to the public health safety of all residents and businesses in our community. It is imperative to monitor this program in its efficacy across all neighborhoods and communities. Recommended Action Motion to adopt Resolution No. 23-043 accepting Accept the Municipal Separate Storm Sewer System General Permit, Storm Water Pollution Prevention Program (SWPPP) 2022 Annual Report to the Minnesota Pollution Control Agency Supporting Documents Resolution No. 23-043 Issuing Negative Declaration of SWPPP Presentation of 2022 Annual Report 145 RESOLUTION NO. 23-043 RESOLUTION ISSUING A NEGATIVE DECLARATION OF NEED FOR REVISIONS TO THE STORM WATER POLLUTION PREVENTION PROGRAM WHEREAS,the City prepared and submitted to the Minnesota Pollution Control Agency (MPCA) its permit application for operation of the City’s Municipal Separate Storm Sewer System (MS4) on April 14, 2022; and WHEREAS, the City was reissued coverage by MPCA for its current MS4 permit on October 12th, 2022; and WHEREAS, the permit requires that the City develop and implement a plan for regulating and improving stormwater discharge, commonly referred to as the Storm Water Pollution Prevention Program (SWPPP); and WHEREAS, staff has been working to meet the objectives set forth in the SWPPP and is required to report to the MPCA on the status of the plan’s implementation on an annual basis; and WHEREAS, the City has placed notification of a public hearing in the City’s official newspaper and has held a public hearing to report on progress made in implementation of the SWPPP and to take public testimony; and WHEREAS, comments made during the public hearing will be incorporated into the City Council record. NOW, THEREFORE, BE IT RESOLVED, the City of Golden Valley has determined that no revisions to the Storm Water Pollution Prevention Program are required, and staff is hereby directed to file the annual report with the Minnesota Pollution Control Agency. Adopted by the City Council of Golden Valley, Minnesota on this 6 th day of June 2023 ___________________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 146 2022 Report STORM WATER POLLUTION PREVENTION PROGRAM 147 TONIGHT’S PLAN Present 2022 Report on City’s Stormwater Program Public Hearing 148 SIGNIFICANCE OF PROGRAM Clean Water Act Passed in 1972 Meant to Address Point & Non-Point Source Pollution Regulatory Program (Federal Permits, NPDES) Permits: 3-Components Industrial Construction Site Municipal (Storm Sewer Operators) Compiling Impaired Waters List 149 MUNICIPAL GENERAL PERMIT Permit from MPCA (since 2003) Operate Storm Sewer System Discharge Stormwater into natural receiving waters (lakes, streams, wetlands) 5-year cycle (2015-2019) extended until 2021 then renewed under new permit cycle in October 2021 Coverage until 2025 Permit requirements Reduce contamination from runoff, prohibit illicit discharges (anything other than stormwater) Annual Public Hearing Annual Reporting to MPCA 150 MINIMUM CONTROL MEASURES 1. Public Education & Outreach 2. Public Participation/Involvement 3. Illicit Discharge Detection & Elimination 4. Construction Site Runoff Control 5. Post-Construction Storm Water Management 6. Pollution Prevention/Good Housekeeping 151 INSPECT ALL STREAMS, 20% PONDS & OUTFALLS / YR City manages: 3,500 inlet drains 125 ponds & basins 200 outfalls 9 miles of streams 85 miles of pipes 152 INSPECT/CLEAN ALL STRUCTURAL DEVICES / YR 346 sump structures 12 environmental MHs 3 skimmers/baffles 1 underground vault 153 CONSTRUCTION SITE INSPECTIONS Average 70 new permits/yr ~160 active sites 1,000+ inspections/yr Correction Notices, Stop Work Orders 154 DEVELOPMENT: PERMANENT STORMWATER TREATMENT FACILITIES Stormwater Pond Rain Garden Enviro MH Underground Vault 155 OVERSEE 86 MAINTENANCE AGREEMENTS 156 POLLUTION PREVENTION/ GOOD HOUSEKEEPING Park/Golf Maintenance Staff Training, Certifications Vehicle Maintenance Staff Training Erosion and Stormwater Management Certification Automobile Maintenance Program Street Sweeping – spring, fall, summer storm Storm Drain System Cleaning Hazardous Materials Management Road Salt Storage and Handling, Winter maintenance certifications Used Oil Recycling Develop a Spill Response Plan Inspect/Clean Annually All Structural Pollution Controls Inspect Annually 20% of Outfalls, Basins, and Ponds Exposed Stockpile, Storage, and Material Handling Areas Determine Need for Repair of Outfalls, Basins, and Ponds Inspection Annual Report Establish Record Keeping System to Track Activities Annual stormwater training for all field staff 157 RECENT MS4-RELATED CAPITAL PROJECTS DeCola Ponds B and C Expansion; 2019-20 Georgia Pond Dredging; 2020 Bassett Creek Stabilization within brookview Golf course Winter 2022 Medley Park Flood reduction project completed winter 2022/23, restoration in spring of 2023 SEA School Wildwood Park Spring of 2023 158 MPCA audit in 2017 – good report! PROGRAM EFFECTIVENESS 159 PUBLIC PARTICIPATION/INVOLVEMENT Volunteer Storm Drain Stenciling Program Adopt a Storm Drain Program Adopt a Pond Program BCWMC public meetings, events Environmental Commission meetings Conduct Annual Public Meeting Public Notice Requirements Consider Public Input Regarding Program 160 MS4 Permit application was submitted to the MPCA for reauthorization in April of 2021. Received coverage under new permit in October 2021. Changes under the new Permit require municipalities to increase documentation of salt use, documenting areas and sources of bacteria with reduction plan, updating SWPPP procedures, additional documentation for most activities. Items need to be completed within one year of MS4 Permit submittal. ~ October 2022. GV currently up to date with new requirements PROGRAM WILL CONTINUE TO EVOLVE Comprehensive Plan Helps Guide Program 161 CONCLUSION 2022 Report on City’s Stormwater Program Questions? Public Hearing Receive comments for annual report 162 BCWMC SEEKING INPUT ON 10 YR PLAN •Bassett Creek Watershed Management Commission is seeking input from partner Cities prior to developing their 10 year Watershed Management Plan. •City Staff will be working with the Environmental Commission and Golden Valley’s Watershed Commissioner Paula Pentel on incorporating input on behalf the City. 163 1. PUBLIC EDUCATION & OUTREACH Develop a Storm Water Communications Plan Yard waste/nutrients, winter salt, illicit discharge Water Resource Educational Materials Website City Newsletter New Resident Packets Local Cable TV Scroll Educational signs 164 EXAMPLES – BROCHURES, WEBSITE, AND NEWSLETTERS BlueThumb.org WMWA 165 EXAMPLES – EDUCATIONAL SIGNAGE 166 LEAF & POND CLEAN-UP 167 ADOPT-A-POND PROGRAM 168 3. ILLICIT DISCHARGE DETECTION & ELIMINATION What is it? Storm Sewer System Map Bassett Creek Inventory Program to Detect and Address Illicit Connections, Discharge, and Illegal Dumping Inform Public of Hazards Associated with Illicit Discharges Web page for reporting Respond to and investigate all reports 169 EXAMPLES – ILLICIT STORAGE & DUMPING 170 STORM SEWER MAP 171 4. CONSTRUCTION SITE RUNOFF CONTROL Review, update, and enforce Stormwater Management Ordinance Permit Application and handouts Perform Site Plan reviews Perform Site Inspections and Enforcement U of MN certified inspectors Receive and respond to citizen complaints 172 5. POST-CONSTRUCTION STORMWATER MANAGEMENT IN DEVELOPMENTS City and Watershed Requirements for Development Proposals Minimal Impact Design Standards – must retain 1.1 inches of runoff onsite Cannot increase rate of runoff Infiltration, filtration, reuse, ponds, devices BCWMC reviewed 9 plans in 2017 Maintenance Agreements for permanent stormwater treatment facilities 173 EXAMPLES - POLLUTION PREVENTION •Sweep streets in spring and fall •Summer after large storm events •Target high priority areas 174 EXAMPLES - POLLUTION PREVENTION •Utilize new and emerging technologies and strategies to balance public safety with environmental concerns 175 Pond Maintenance EXAMPLES - POLLUTION PREVENTION 176 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 6, 2023 Agenda Item 4B. Formal Public Hearing - Zoning Code Text Amendment, Sec. 113-151: Off-Street Parking and Loading, Ordinance No. 764 and Resolution No. 23-044 Prepared By Myles Campbell, Planner Summary In the fall of 2022, staff and the Planning Commission began a review of the City's off-street parking requirements with the larger goals of updating the code to better match sustainability goals from the Comprehensive Plan, organizing minimum parking requirements, and aligning with summary land use categories approved earlier that year. For a full summary of revisions proposed with this update, see the attached minutes from the May 8th informal public hearing held at the Planning Commission. The most significant changes from today's code are: modifications to minimum parking requirements for certain land uses, creating a maximum cap on off-street parking, and adding requirements for Electric Vehicle charging stations. These new requirements would apply in the case of new or significantly reconstructed surface parking lots. The Planning Commission at its last meeting recommended approval of the amendments to code, with some additional changes: Using "shall not" for consistency in the chapter Increasing required parking for residential facilities from 1 space per 5 beds, to 1 space per 2 beds Additionally, some members had questions around the reductions to the required parking for Class II restaurants (fast food). Staff recommended both dropping the required parking totals for all Class II restaurants as well as a much more significant reduction for Class II restaurants that were purely a drive-thru with no internal dining areas. The concern from Planning Commissioners was that the reduction to all Class II restaurants matched better with existing businesses in Golden Valley examined by staff as almost all of those standalone cases had a drive through. They recommended that the Council consider the proposed parking requirement and determine if they would be comfortable with that level of parking for a fast food restaurant with no drive-thru facilities. Staff did try to find cases of standalone fast food restaurants without a drive-thru, however almost all cases of these restaurants fell within larger shopping centers (which have their own minimum requirements). Regardless, staff is comfortable with the reduced requirement given how overparked many of these existing restaurants are. 177 In addition to the meeting minutes, an underlined and overstruck copy of Sec. 113-151 is included as an attachment for review of all changes being proposed. Financial or Budget Considerations None, the changes relate purely to private off-street parking and does not get into any topics of on- street public parking. Legal Considerations Staff did confer with other communities on Electric Vehicle Requirements after the City of Minneapolis was forced to remove these requirements for structured parking. The requirements for EV charging stations exceed electrical requirements of the Minnesota Building Code today, and so any required EV charging stations are only called out for surface parking lots. Equity Considerations While Golden Valley's current lack of transit options restricts the City from more significant reimaging of its current parking requirements, the changes proposed here would help to reduce the overall amount of land dedicated to parking, which has the dual negative effects of adding impervious surface for stormwater and for using land that could otherwise be dedicated to higher uses such as housing or businesses. Recommended Action Motion to adopt Ordinance No. 764, amending Sec. 113-151, to Update the Regulations for Off- Street Parking. Motion to adopt Resolution No. 23-044, approving summary publication of Ordinance No. 764. Supporting Documents Ordinance No. 764 Off-Street Parking and Loading Resolution No. 23-044 Summary of Publication Ordinance No 764 Section 113-151. Off-Street Parking and Loading Markup May 28, 2023 Planning Commission Minutes DRAFT 178 ORDINANCE NO. 764 AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 113-151 of Zoning to Update the Regulations for Off-Street Parking The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 113-151, Article IV, Subdivision (b)(4) is amended to read as follows Lighting. Where artificial lighting is provided in parking lots, it shall be directed perpendicular to the ground and arranged to reflect away from any residences, street or highway. All light fixtures shall minimize glare and spillover from the site and shall meet the standards outlined in Sec. 113-153. – Outdoor Lighting, of the City Code. Section 2. City Code Section 113-151, Article IV, Subdivision (b)(6)(a) is added to the code to read as follows Permeable pavers shall not be considered pervious surface for purposes of meeting City impervious surface maximums without approval from City Engineer and provision of a long-term maintenance agreement. Section 3. City Code Section 113-151, Article IV, Subdivision (b)(9)(a) is amended to read as follows External Landscaping. These areas shall be maintained fully as landscaped green space and may or may not include vegetation such as trees, shrubs, and other native plants. In cases where a parking lot is located on the periphery of sites and in view of adjacent properties, the City will require them to be screened with trees, shrubs, fencing, berms or some combination of these in setback areas along one or more lot lines. 1.Front yard: 25 feet for R-3 and R-4 districts; 35 feet for all others (see M on diagram). 2.Side and rear yards: one-half of the required building setback (see N on diagram). Section 4. City Code Section 113-151, Article IV, Subdivision (b)(10) is amended to read as follows Joint Parking Setbacks.Joint or combined parking facilities on separate lots as authorized and when constructed adjacent to a common lot line separating two or more parking areas are not required to observe the parking area setback from such a common lot line. Section 5. City Code Section 113-151, Article IV, Subdivisions (b)(13), (b)(14), and (b)(15) are amended to read as follows (13)Location.Required off-street parking shall be located on the same lot as the use it serves, except where parking spaces cannot be reasonably provided on the same lot as 179 Ordinance No. 764 -2-June 6, 2023 the principal use, the City may permit such required parking spaces to be located on other property in a similar zoning district located within 500 feet of the permitted use, measured along lines of public access. (14)Parking Ramps and Underground Parking.Because of the cost of such spaces and more control over environmental factors, the City Manager or his/her designee may allow some reduction in the width of the aisle and spaces in parking ramps and underground parking. (15)Internal driveway access.Private internal driveways between properties are permitted with approval of the City Manager and/or their designee. Internal driveways between properties shall be allowed only when they do not cause either property to exceed impervious surface limits, they follow drive aisle dimension guidelines from this chapter, both properties have a legal access to a public roadway, and that a cross- access agreement is signed by both properties and recorded. In the case of the agreement terminating, the internal drive shall be removed and restored to landscaped green space. Section 6. City Code Section 113-151, Article IV, Subdivision (c)Minimum Number of Required Off-Street Parking Spaces is removed in its entirety and is instead amended to read as follows Use Requirement Residential Land Uses Single-family dwellings on (R-1) lots greater than 50 feet wide 2 spaces per dwelling. No building permit shall be issued for the construction of a single-family dwelling not having a two-stall garage unless the registered survey submitted at the time of application for the building permit reflects the necessary area and setback requirements for a future two-stall (minimum) garage. Single-family dwellings on (R-1) lots 50 feet in width or less and single-family dwellings in the R-2 zoning district 2 spaces per dwelling with at least one enclosed Two-family dwellings 2 spaces per dwelling with at least one enclosed Rowhouses with up to four attached units 2 spaces per dwelling with at least one enclosed Townhouses 2 spaces per dwelling with at least one enclosed Accessory dwelling units 1 space per accessory dwelling unit Multifamily dwellings 1.5 spaces per dwelling Congregate housing 1 space per unit depending on circumstances Senior and disability housing 1 space per unit depending on circumstances Manufactured home parks 1 space per dwelling unit Residential Facilities 1 space per 2 beds/participants Economic and Business Land Uses Food, Entertainment, and Retail Bakeries 1 space per 100 s.f. of customer area Bowling alleys 1 space per each 6 seats or 300 s.f. of gross floor area, whichever is greater Breweries 1 space per 500 s.f. of floor area Brewpubs 1 space per 60 s.f. of floor area plus 1 space per 25 s.f. of bar area Class I restaurants (traditional, no liquor) 1 space per 100 s.f. of gross floor area Class II restaurants (fast food) 1 space per 75 s.f. of gross floor area. Class II restaurants without indoor seating for customers require 1 space per 400 s.f. Class III restaurants (with liquor) 1 space per 60 s.f. of floor area plus 1 space per 25 s.f. of bar area 180 Ordinance No. 764 -3-June 6, 2023 Cocktail rooms 1 space per 60 s.f. of floor area. For every 2 bicycle spaces provided, 1 car space may be reduced from minimum parking requirement, for no more than 15% of the required spaces Distilleries 1 space per 500 s.f. of floor area Hotels/motels 1 space per unit plus parking for other uses Indoor entertainment and amusement (theaters, arcades, etc.) 1 space per 250 s.f. Micro-distilleries 1 space per 500 s.f. of floor area Printing services 1 space per each 100 s.f. of customer service area Private clubs/convention centers 1 space per 3 seats Recreational uses (public and private), including gyms, skating rinks, etc. 1 space for every 300 s.f. of gross floor area Retail store or service establishment 1 space per 250 s.f. of gross floor area Showrooms (e.g., furniture, appliances) 1 space for every 400 s.f. gross floor area of show room, plus 1 space for every 5,000 gross square feet of outside display area Shopping centers 1 space for every 200 s.f. of gross floor area. Studios 1 space per 400 s.f. of gross floor area Taprooms 1 space per 60 s.f. of floor area. For every 2 bicycle spaces provided, 1 car space may be reduced from minimum parking requirement, for no more than 15% of the required spaces Care Services Adult day care centers 1 space per 5 persons cared for Animal hospitals, veterinary clinics, kennels, and or pet grooming facilities 1 space per each 300 s.f. of gross floor area Child care centers 1 space per 6 participants Mortuaries 1 per every 250 s.f. plus 1 space for every 5 seats Trade schools or training centers 1 space per 5 students based on design capability Offices and Financial Institutions Financial institutions 1 space per 300 s.f. of gross floor area Medical and dental offices 1 space per 200 s.f. of gross floor area Offices, excluding medical and dental 1 space per 250 s.f. of gross floor area, after 100,000 s.f. 1 space per 350 s.f. of gross floor area Automotive Automobile repair shops 4 spaces for each service bay Car wash 8 spaces plus 4 per service stall Sales or show rooms (auto, machinery, boats, etc.) 1 space for every 1000 s.f. of gross floor area of display area plus 1 space for every 5,000 gross s.f. of outside display Service stations 8 spaces plus 4 per service stall Truck/van terminals 1 space per 3,000 s. f. of gross floor area Manufacturing Manufacturing - Fabricating 1 space per 500 s.f. of gross floor area Warehouse and Wholesale Outdoor storage and self-storage facilities 1 space per 10,000 s.f. of storage area Warehouses and storage 1 space for every 3,000 s.f. of gross floor area Institutional Land Uses Ball fields and other outdoor recreation 1 space per 4 seats based on design capacity or 1 per 4 members using the facility Cemeteries Adequate off-street parking shall be provided City offices 1 space per 300 s.f. of gross floor area Community centers 1 space per 300 s.f. of gross floor area Convalescent homes, nursing homes, and clinics 1 space per 5 beds Fire stations 1 space per 2 crewmembers at maximum capacity or an adequate plan 181 Ordinance No. 764 -4-June 6, 2023 Golf courses, country clubs, and other recreational facilities 1 space per 5 patrons based on course capacity, 1 space per driving range tee Hospitals 1 space for every 2 beds Libraries 1 space per 300 s.f. of gross floor area Parks and playgrounds Adequate off-street parking shall be provided Museums 1 space per 400 s.f. of gross floor area Places of worship 1 space per 3 seats in the main assembly area Post offices/parcel distribution 10 spaces plus 1 per 500 s.f. plus 1 for each vehicle on site Elementary and junior high schools 2 spaces per classroom High schools 2 spaces per classroom plus 1 space per 6 students Colleges/universities 1 space per 4 students based on capacity Mixed Use Land Uses Mixed Use In the case of mixed uses, the parking facilities required shall be the sum of the requirements for the various individual uses, computed separately in accordance with this section. Parking facilities for one use shall not be considered as providing the required parking facilities for any other use. (1)General Requirement.For any and all uses or structures not specifically provided for in the table above, such parking space as the City shall determine to be necessary shall be required, considering all the parking generating factors involved. (2)Maximum Parking.In the Institutional, Office, Commercial, Light Industrial, Industrial, and Mixed Use Zoning Districts parking provided shall not exceed the minimum required parking + 10% of that minimum amount in the case of new or reconstructed surface parking lots. (3) Upon receipt of a written request, the City Manager and/or their designee may reduce or increase the parking minimum or maximum requirements, if the applicant demonstrates a demand which is different than required by this chapter based on specifics of the use or other factors. The City may in the case of a reduction, require that land be reserved for parking development should the use or demands change. (4) Required Ratios.Where the number of required parking spaces is measured by seating capacity, such seating capacity shall be determined for maximum capacity. (5) Compliance with Current Controls.New buildings erected after the effective date of the ordinance from which this section is derived, and old buildings altered after the effective date of the ordinance from which this section is derived, must comply with all applicable off-street parking requirements in effect at the time that said buildings are constructed or altered. Section 7. City Code Section 113-151, Article IV, Subdivision (e)(1) is amended to read as follows Design Standards. a. Location. Truck docks for loading and unloading goods or wares shall be provided on the same lot or parcel to be serviced. When truck docks are provided inside the building such area shall not be included in the total floor area used for determining the required number of such docks, nor for parking space requirements. b. Size. Loading docks shall be sized and provided with maneuvering space to adequately meet the needs. c. Surfacing. Minimum seven-ton capacity is required. 182 Ordinance No. 764 -5-June 6, 2023 d. Lighting. Lighting for parking areas shall meet the standards outlined in Sec. 113- 153. – Outdoor Lighting, of the City Code. Section 8. City Code Section 113-151, Article IV, Subdivision (f) is added to the code to read as follows (f)Electric Vehicle Provisions. (1)Definitions. a.Charging levels means the standardized indicators of electrical force, or voltage, at which an electric vehicle’s battery is recharged. The terms 1, 2, and 3 (DC) are the most common charging levels, and include the following specifications: i.Level 1 is considered slow charging with 120v outlets. ii.Level 2 is considered medium charging with 240v outlets, charging head and cord hard-wired to the circuit. iii.Level 3 (DC) is considered fast or rapid charging. Voltage is greater than 240 volts. b.Electric vehicle means a vehicle that operates, either partially or exclusively, on electrical energy from the electrical grid, or an off-grid source, that is stored on-board for motive purposes. “Electric vehicle” includes: i.Battery electric vehicle. ii.Plug-in hybrid electric vehicle. c.Electric vehicle charging stations (EVCS) means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. d.Electric vehicle infrastructure means conduit/wiring, structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations and rapid charging stations. (2)Number of required Electric Vehicle Charging Stations. a.All new or reconstructed parking structures shall be allowed, but not required, to install EVCS. b.All new or reconstructed parking lots with 14 or fewer parking spaces shall be allowed, but not required, to install EVCS. c.All new or reconstructed parking lots with at least 15 but no more than 49 spaces or expanded parking lots that result in a parking lot with 15 to 49 parking spaces, shall install EVCS as required below. i.Multifamily residential land uses shall have 10% of required residential parking served by ECVSs with at least 5% as Level 2 stations. At least one accessible parking space shall have access to an EVCS. 183 Ordinance No. 764 -6-June 6, 2023 ii.Non-residential land uses with parking spaces available for use by the general public shall have two Level 2 stations or one Level 3 station. At least one accessible parking space shall have access to an EVCS. d.All new or reconstructed parking lots with at least 50 parking spaces or expanded parking lots that result in 50 or more parking spaces, shall install EVCS as required below. i.Multifamily residential land uses shall have 10% of required residential parking as Level 2 stations. At least one accessible parking space shall have access to an EVCS. ii.Non-residential land uses with parking spaces available for use by the general public shall have at least 5% of required parking as Level 2, with at least one station adjacent to an accessible parking space. In non-residential zoned districts, Level 3 charging stations may be installed to satisfy the EVCS requirements described above on a one-for-one basis. e.All new or reconstructed motor fuel stations shall be required to install at least one additional Level 2 or Level 3 charging station. (3)Reductions to EVCS requirements. When the cost of installing EVCS required by this Chapter would exceed five percent of the total project cost, the property owner or applicant may request a reduction in the EVCS requirements and submit cost estimates for city consideration. When City Council approval of the project is not required, the City Manager or their designee may administratively approve a reduction the required amount of EVCS in order to limit the EVCS installation costs to not more than five percent of the total project cost. Section 9. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 6th day of June, 2023. _________________________ Shepard M. Harris, Mayor ATTEST: _________________________ Theresa J. Schyma, City Clerk 184 RESOLUTION NO. 23-044 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO.764 WHEREAS, the City has adopted the above referenced amendment of the Golden Valley City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of the publication of the complete text is not justified. NOW THEREFORE,BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that the following summary is hereby approved for official publication: SUMMARY PUBLICATION ORDINANCE NO. 764 AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 113-151 of Zoning to Update the Regulations for Off-Street Parking This is a summary of the provisions of Ordinance No. 764 which has been approved for publication by the City Council. At the June 6, 2023, City Council meeting, the Golden Valley City Council enacted Ordinance No. xx amending City Code, Chapter 113-151 of Zoning to Update the Regulations for Off-Street Parking The full ordinance is available to the public at the City Clerk’s Office, 7800 Golden Valley Road during normal business hours and online at www.goldenvalleymn.gov/code/. Passed by the City Council of the City of Golden Valley, Minnesota on June 6, 2023 Shepard M. Harris, Mayor Attested: Theresa Schyma, City Clerk 185 Created: 2022-12-29 09:38:55 [EST] (Supp. No. 5, Update 3) Page 1 of 10 Sec. 113-151. Off-Street Parking and Loading. (a) Purpose and Application. The purpose of requiring and regulating off-street parking and loading is to prevent congestion on public rights-of-way and private roadways and to promote the safety and general welfare of the public. The following minimums are established for off -street parking and loading based on the use of land and structures. If a change of use occurs, the new use shall comply with the off -street parking and loading requirements. (b) Design Standards. (1) Site Plan. Application for construction of new buildings, expansion of existing buildings, reuse of existing buildings and establishing or changing the use of property, shall include a site plan or plot plan for parking, which is drawn to scale and dimensioned, which depicts the location and number of off - street parking spaces consistent with this section, which shows proposed internal landscaping, and which includes provisions for storage and/or removal of snow. (2) Access and Curb Cuts. All off-street automobile parking facilities shall be designed with appropriate means of vehicular access to a street or alley and with adequate maneuvering area. Detailed plans may have to be submitted to the City Engineer for approval of all curb cuts or driveway openings before a permit will be granted. (3) Use. With the exception of garage sales and other sales approved by the City, required off-street parking and loading areas and the driveways providing access to them shall not be used for the storage, display, sale or rental or repair of goods or for the storage of inoperable vehicles. (4) Lighting. Where artificial lighting is provided in parking lots, it shall be directed perpendicular to the ground and arranged to reflect away from any residences, street or highway. All light fixtures shall minimize glare and spillover from the site and shall meet the standards outlined in Sec. 113-153. – Outdoor Lighting, of the City Code. (5) Dimensions for Spaces. All required off-street parking spaces shall be at least nine feet in width and at least 18.5 feet in depth, except for handicapped spaces and compact car spaces. (6) Surfacing; Construction Standards. Parking areas and driveways shall be surfaced with an all-weather dustless material. Parking lots containing more than six spaces and access drives, except for landscaped areas, shall be covered with asphalt, brick, concrete pavers (including grass -crete or other permeable pavers where deemed appropriate by the City Manager or his/her designee) or concrete with proper surface drainage as required by the City. The finished surface shall be capable of carrying a load of 2,000 pounds per square foot. (Normally a two-inch blacktop surfacing on a four-inch base or five inches of Portland cement will meet this requirement.) a. Permeable pavers shall cannot be considered pervious surface for purposes of meeting City impervious surface maximums without approval from City Engineer and provision of a long -term maintenance agreement. (7) Grade, Drainage and Curbing. a. Grade. In general, grades shall not exceed five percent and shall meet the following standard: Private roads, driveways (other than single-family), parking lots, and loading docks exposed to the elements shall have grades of not less than five percent nor more than four percent in order to provide adequate drainage and maneuverability of vehicles. Grades in excess of four percent will be reviewed for approval based on: the amount by which the grade exceeds four percent, number of slopes, length of slopes, starting and stopping areas and their grades, angles and curvatures, traffic volumes, parking turn-over, turning and intersection factors, road-way width, 186 Created: 2022-12-29 09:38:55 [EST] (Supp. No. 5, Update 3) Page 2 of 10 lineal feet and/or number of spaces with grades over four percent, sight distance and obstructions and alternative routes. b. Drainage. Off-street parking areas shall be designed to drain and properly dispose of surface water. Alternative low impact development practices such as rain gardens and vegetative swales are encouraged by the City. Detailed plans for drainage shall be submitted to the City Manager or his/her designee for approval. c. Curbing. Parking lots containing more than six spaces shall be delineated by a concrete box curb or concrete curb and gutter extending at least six inches above and six inches below the surface. The curb may have cuts for drainage. Exception: Some exception for rain gardens may be allowed provided suitable controls are provided to prevent cars from parking beyond the intended limits. (8) Parking Layouts. Required off-street parking consisting of six or more spaces shall be consistent with the layout alternatives and dimensions specified in the parking layout chart below except handicapped spaces and, if allowed by the City, compact car spaces. a. Traffic Islands. Traffic islands shall be provided based on the circulation system, number of spaces, frequency of use (turnover rate), and other relevant factors. Traffic islands can be landscaped to meet interior landscape requirements. PARKING LAYOUT CHART Dimension Diagram Parking Angle to Curb or Lane 45° 60° 75° 90° Stall width parallel to aisle* A 12.7 ft. 10.4 ft. 9.3 ft. 9.0 ft. Stall length of line B 25.0 ft. 22.0 ft. 20.0 ft. 18.5 ft. Stall depth C 17.5 ft. 19.0 ft. 19.5 ft. 18.5 ft. Aisle width D 12.0 ft. 16.0 ft. 23.0 ft. 24.0 ft. Stall depth, interlock E 15.3 ft. 17.5 ft. 18.8 ft. 18.5 ft. Module, edge of pavement to interlock F 44.8 ft. 52.5 ft. 61.3 ft. 61.0 ft. Module, interlocking G 42.6 ft. 51.0 ft. 61.0 ft. 63.0 ft. Module, interlock to curb face H 42.8 ft. 50.2 ft. 58.8 ft. 60.5 ft. Bumper overhang (typical) I 2.0 ft. 2.3 ft. 2.5 ft. 2.5 ft. Offset J 6.3 ft. 2.7 ft. 0.5 ft. 0.0 ft. Cross aisle, one-way L 14.0 ft. 14.0 ft. 14.0 ft. 14.0 ft. Cross aisle, two-way L 90° 24.0 ft. 24.0 ft. 24.0 ft. 24.0 ft. Minimum inside turning radius for fire lanes — 45 ft. 45 ft. 45 ft. 45 ft. Parking or drive aisle setback to principal structure O 10 ft. 10 ft. 10 ft. 10 ft. Landscape traffic islands P See Diagram Landscaped islands Q See Diagram Parallel parking: Stall width (8.5 or 9 ft.) Stall length (22 or 23 ft.) *Required handicap stalls and ramps shall be per State Code. *Some minor deviations from this table may be allowed in special circumstances related to the number and percent of spaces involved and site-dimensional constraints which support a minor deviation. 187 Created: 2022-12-29 09:38:55 [EST] (Supp. No. 5, Update 3) Page 3 of 10 (9) Landscaping; Internal and External. The minimum required landscaped areas, within which there shall be no parking or drive aisles (except driveway access from street) in R -3, R-4, Institutional, Office, Commercial, Light Industrial, and Industrial Zoning Districts, shall be: a. External Landscaping. These areas shall be maintained fully as landscaped green space and may or may not include vegetation such as trees, shrubs, and other native plants. In cases where a parking lot is located on the periphery of sites and in view of adjacent properties, the City will require them to be screened with trees, shrubs, fencing, berms or some combination of these in setback areas along one or more lot lines. 1. Front yard: 25 feet for R-3 and R-4 districts; 35 feet for all others (see M on diagram). 2. Side and rear yards: one-half of the required building setback (see N on diagram). b. Internal Landscaping. Parking lots designed and constructed for more than 40 off -street parking spaces shall have at least four percent of the interior of the parking lo t landscaped with vegetation including shade trees. Each landscape break shall occur approximately every 24 spaces. Such landscaping is expected to be in traffic islands, other islands or other areas used for drainage or light standard or exclusive landscape islands located within the interior portion of the parking lot. Such landscaped areas shall not be considered as impervious if essentially the ground is left open. A landscape plan shall be submitted as part of the required site plan. The landscape plan shall be approved by the City Manager or his/her designee. All landscaping shall be guaranteed with a financial security for a period of one full growing season. (10) Dimensional RequirementsJoint Parking Setbacks. Joint orf combined parking facilities on separate lots as authorized and when constructed adjacent to a common lot line separating two or more parking areas are not required to observe the parking area setback from such a common lot line. 188 Created: 2022-12-29 09:38:55 [EST] (Supp. No. 5, Update 3) Page 4 of 10 (11) Fire Lane. Off-street parking lots may have to be designed to include fire lanes as determined by the City Manager or his/her designee. (12) Spaces Delineated. All required off-street parking areas consisting of six or more spaces shall be delineated by durable painted stripes at least four inches wide unless walls or columns are used to provide an equivalent means to delineate the spaces such as in an underground garage. (13) Buffers. If off-street parking lots are located on the periphery of sites and in view of adjacent and nearby properties, the City will require them to be screened with trees, shrubs, fencing, decorative walls, berms or some combination of these in setback areas along one or more lot lines. (134) Location. Required off-street parking shall be located on the same lot as the use it serves, except where parking spaces cannot be reasonably provided on the same lot as the principal use, the City may permit such required parking spaces to be located on other property in a similar or heavier zoning district located within 500 feet of the permitted use, measured along lines of public access. (145) Parking Ramps and Underground Parking. Because of the cost of such spaces and more control over environmental factors, the City Manager or his/her designee may allow some reduction in the width of the aisle and spaces in parking ramps and underground parking. (15) Internal driveway access. Private internal driveways between properties are permitted with approval of the City Manager and/or their designee. Internal driveways between properties shall be allowed only when they do not cause either property to exceed impervious surface limits, they follow drive aisle dimension guidelines from this chapter, both properties have a legal access to a public roadway, and that a cross-access agreement is signed by both properties and recorded. In the case of the agreement terminating, the internal drive shall be removed and restored to landscaped green space. (16) Plowing and Snow Storage or Removal. Required off-street parking plans shall include provisions for snow storage and/or removal. 189 Created: 2022-12-29 09:38:55 [EST] (Supp. No. 5, Update 3) Page 5 of 10 (17) Provisions for Pedestrian Access. Provisions for pedestrian circulation to and from, and in some cases through, parking lots shall be required as determined appropriate by the City. Patterned pavement, decorative lighting, and associated facilities shall be provided as may be appropriate. (18) Maintenance. Off-street parking areas including spaces, accessway, striping, landscaping, a nd required buffers and fences, shall be maintained in a neat, safe and adequate manner. Potholes, deteriorated pavement, and striping must be repaired or restored in a timely manner by the owner of the off -street parking. (19) Accessible Parking. Accessible parking spaces shall be provided pursuant to the Minnesota Accessibility Code. (20) Signs. Small informational-direction signs may be allowed or required in off-street parking facilities to identify handicapped parking, compact car parking, traffic flow, and similar information essential to safe and efficient operation of the facility. (21) Compact Vehicles. If an off-street parking lot, ramp or garage contains 50 or more spaces, the City will allow up to 10 percent of the spaces to be designated comp act cars only, provided a suitable parking plan for such spaces is submitted and approved by the City. (22) Joint use of Parking. Off-street parking facilities for a combination of one or more structures or uses may be provided collectively in any district, except the R-1 and R-2 Zoning Districts, provided the total number of spaces shall not be less than the sum of the separate requirements for each use. a. (23) Potential Reduction. The City may allow up to 50 percent reduction when joint use or combined parking is provided for uses which have substantially different parking demands and peak parking needs such as a daytime use with a nighttime use (e.g., office and movie theater) or a week day use with a weekend use (e.g., office and a church). Such reductio n may require an agreement between the uses and an agreement between the owners and City. Such agreement may also be subject to proof of parking. (243) Bicycle Parking. Bicycle racks or a similar facility to park/store bicycles shall be provided in a loca tion accessible to residents in residential developments having more than 12 dwelling units and employees and to the public in other developments at the rate of five percent of parking required for vehicles with a minimum of four spaces. Bicycle racks shall be secured to either the ground or a building. (c) Minimum Number of Required Off-Street Parking Spaces. Use Requirement Residential Land Uses Single-family dwellings on (R-1) lots greater than 50 feet wide 2 spaces per dwelling. No building permit shall be issued for the construction of a single-family dwelling not having a two-stall garage unless the registered survey submitted at the time of application for the building permit reflects the necessary area and setback requirements for a future two-stall (minimum) garage. Single-family dwellings on (R-1) lots 50 feet in width or less and single-family dwellings in the R-2 zoning district 2 spaces per dwelling with at least one enclosed Cluster housing 2 spaces per dwelling with at least one enclosed Two-family dwellings 2 spaces per dwelling with at least one enclosed Rowhouses with up to four attached units 2 spaces per dwelling with at least one enclosed Townhouses 2 spaces per dwelling with at least one enclosed Accessory dwelling units 1 space per accessory dwelling unit Multiple-family dwellings 1.5 spaces per dwelling 190 Created: 2022-12-29 09:38:55 [EST] (Supp. No. 5, Update 3) Page 6 of 10 Congregate and/or elderly housing (senior housing) 0.5 to 1 space per unit depending on circumstances Senior and disability housing 1 space per unit depending on circumstances Manufactured home parks 1 space per dwelling unit Group homeResidential Facilities 1 space per 25 beds/participants Economic and Business Land Uses Food, Entertainment, and Retail Bakeries 1 space per 10025 s.f. of customer area Bowling alleys 1 space per each 6 seats or 300 s.f. of gross floor area, whichever is greater Breweries 1 space per 500 s.f. of floor area Brewpubs 1 space per 60 s.f. of floor area plus 1 space per 25 s.f. of bar area Class I restaurants (traditional, no liquor) 1 space per 100 s.f. of gross floor area Class II restaurants (fast food) 1 space per 7540 s.f. of gross floor area. Class II restaurants without indoor seating for customers require 1 space per 400 s.f. Class III restaurants (with liquor) 1 space per 60 s.f. of floor area plus 1 space per 25 s.f. of bar area Cocktail rooms 1 space per 60 s.f. of floor area. For every 2 bicycle spaces provided, 1 car space may be reduced from minimum parking requirement, for no more than 15% of the required spaces Distilleries 1 space per 500 s.f. of floor area Hotels/motels 1 space per unit plus parking for other uses Pool hall/arcade Indoor entertainment and amusement (theaters, arcades, etc.) 1 space per 50 250 s.f. Micro-distilleries 1 space per 500 s.f. of floor area Printing services 1 space per each 100 s.f. of customer service area Private clubs/lodges convention centers 1 space per 3.5 seats Recreational uses (public and private), including gyms, skating rinks, etc. 1 space for every 200 300 s.f. of gross floor area of non-court area plus 2 spaces for each court plus 1 per 50 s.f. deck area for swimming Retail store or service establishment 1 space per 250 s.f. of gross floor area Showrooms (e.g., furniture, appliances) 1 space for every 400 s.f. gross floor area of show room, plus 1 space for every 5,000 gross square feet of outside display area Shopping centers 1 space for every 200 s.f. of gross floor area. (5 spaces per 1000 s.f.) Studios 1 space per 400 s.f. of gross floor area Taprooms 1 space per 60 s.f. of floor area. For every 2 bicycle spaces provided, 1 car space may be reduced from minimum parking requirement, for no more than 15% of the required spaces Care Services Adult day care centers 1 space per 5 persons cared for Animal hospitals, veterinary clinics, kennels, and or pet grooming facilities 1 space per each 300 s.f. of gross floor area Group nurseryChild care centers 1 space per 6 participants Mortuaries 1 per every 250 s.f. plus 1 space for every 5 seats Trade schools or training centers 1 space per 5 students based on design capability Offices and Financial Institutions Financial institutions 1 space per 300 s.f. of gross floor area Medical and dental offices 1 space per 200 s.f. of gross floor area 191 Created: 2022-12-29 09:38:55 [EST] (Supp. No. 5, Update 3) Page 7 of 10 Offices, excluding medical and dental 1 space per 250 s.f. of gross floor area, after 100,000 s.f. 1 space per 350 s.f. of gross floor area Automotive Automobile repair shops 4 spaces for each service bay Car wash 8 spaces plus 4 per service stall Sales or show rooms (auto, machinery, boats, etc.) 1 space for every 1000 s.f. of gross floor area of display area plus 1 space for every 5,000 gross s.f. of outside display Service stations 8 spaces plus 4 per service stall Truck/van terminals 1 space per 3,000 s. f. of gross floor area Manufacturing Manufacturing - Fabricating 1 space per 500 s.f. of gross floor area Warehouse and Wholesale Outdoor storage and self-storage facilities 1 space per 120,000 s.f. of storage area Warehouses and storage 1 space for every 3,000 s.f. of gross floor area Institutional Land Uses Ball fields and other outdoor recreation. 1 space per 4 seats based on design capacity or 1 per 4 members using the facility Cemeteries Adequate off-street parking shall be provided. City offices 1 space per 300250 s.f. of gross floor area Community centers 1 space per 300 s.f. of gross floor area Convalescent homes, nursing homes, and clinics 1 space per 5 beds Fire stations 1 space per 500 s.f. of gross floor area2 crewmembers at maximum capacity or an adequate plan Golf courses, country clubs, and other recreational facilities 1 space per 5 patrons based on course capacity, 1 space per driving range tee Hospitals 1 space for every 350 s.f. of gross floor area 2 bed spaces Libraries 1 space per 300 s.f. of gross floor area Parks and playgrounds Adequate off-street parking shall be providedAn adequate plan. Museums 1 space per 400 s.f. of gross floor area Religious institutionsPlaces of worship 1 space per 3 seats in the main assembly area Post offices/parcel distribution 10 spaces plus 1 per 500 s.f. plus 1 for each vehicle on site Elementary and junior high schools 2 spaces per classroom High schools 2 spaces per classroom plus 1 space per 6 students Colleges/universities 1 space per 4 students based on capacity Mixed Use Land Uses Mixed Use In the case of mixed uses, the parking facilities required shall be the sum of the requirements for the various individual uses, computed separately in accordance with this section. Parking facilities for one use shall not be considered as providing the required parking facilities for any other use. Roominghouse 1 space per each 2 persons Assisted housing 1 space per 5 units/beds Golf driving range and archery 1 space for each tee/target Miniature golf 1 space per hole Bed and breakfast 2 spaces plus 1 for each room to be rented 192 Created: 2022-12-29 09:38:55 [EST] (Supp. No. 5, Update 3) Page 8 of 10 Convention/exhibition hall 1 space per 3 seats Places of lodging (See Hotel.) Open sales or rental lots 1 space per 2000 s.f. of display area Skating rinks 1 space per each 6 seats or 300 s.f. of gross floor area of rink area, whichever is greater Theater and/or gymnasiums (auditorium) 1 space per 4 seats or 1 space per 400 s.f., whichever is greater Storage (See Warehouse) Temporary retail sales An adequate plan Self-storage facility 1 space for every 10,000 s.f. of storage area Lumber yards or bldg. material yards Outside areas 1 space per 2,000 s.f. of material display Miscellaneous Seasonal farm produce sales An adequate plan Christmas tree sales An adequate plan Radio TV trans. An adequate plan (1) (1) General Requirement. For any and all uses or structures not specifically provided for in the table above, such parking space as the City shall determine to be necessary shall be required, considering all the parking generating factors involved. (2) Maximum Parking. In the Institutional, Office, Commercial, Light Industrial, Industrial, and Mixed Use Zoning Districts parking provided shall not exceed the minimum required parking + 10% of that minimum amount in the case of new or reconstructed surface parking lots. (1)(3) Upon receipt of a written request, the City Manager and/or their designee may reduce or increase the parking minimum or maximum requirements, if the applicant demonstrates a demand which is different than required by this chapter based on specifics of the use or other factors. The City may in the case of a reduction, require that land be reserved for parking development should the use or demands change. (4)(2) Required Ratios. Where the number of required parking spaces is measured by seating capacity, such seating capacity shall be determined for maximum capacity. (5)(3) Compliance with Current Controls. New buildings erected after the effective date of the ordinance from which this section is derived, and old buildings altered after the effective date of the ord inance from which this section is derived, must comply with all applicable off -street parking requirements in effect at the time that said buildings are constructed or altered. (d) Proof of Parking. When the required off-street parking is 20 or more spaces, the owner is only required to pave and stripe 75 percent of the required parking spaces if the following conditions are met: (1) A parking plan drawn to scale for the lot is submitted to the City Manager or his/her designee and the plan indicates that the site complies with the total parking requirements stated above and the parking lot is designed to the standards required by this section. (2) The portion of the site which is not paved and is capable of containing the amount of parking equal to the difference between the total amount of required parking and the amount of parking required to be paved (known as the proof of parking area) is suitably landscaped and curbed to meet the requirements of this section. (3) The proof of parking area shall be clearly delineated on the parking plan for the site. (4) The paved portion of the parking area shall comply with the pertinent provisions of this section. 193 Created: 2022-12-29 09:38:55 [EST] (Supp. No. 5, Update 3) Page 9 of 10 (5) The proof of parking area is not used to satisfy any other landscaping or other requirement and is not located in an area occupied by a building. (6) The property owner is responsible for informing any subsequent owner of the proof of parking area and parking status of the property. (7) The City may, at any time in its sole discretion, require proof that the parking area will be paved and striped in such a way that it meets the requirements to provide the total number of required parking spaces on the site or a percentage between 75 percent and 100 percent if so determined by the City. (8) The City may require the owner to enter into a proof of parking agreement specifying the requirements and restrictions and stating that the owner developer and successor shall be responsible for making improvements to meet the Code at the time the City requires such action. (e) Loading Regulations. (1) Design Standards. a. Location. Truck docks for loading and unloading goods or wares shall be provided on the same lLot or parcel to be serviced. When truck docks are provided inside the building such area shall not be included in the total floor area used for determining the required number of such docks, nor for parking space requirements. b. Size. Loading docks shall be sized and provided with maneuvering space to adequately meet the needs. c. Surfacing. Minimum seven-ton capacity is required. d. Lighting. Lighting for parking areas shall be subject to the outdoor lighting requirements in this chapter. meet the standards outlined in Sec. 113-153. – Outdoor Lighting, of the City Code. (2) Minimum Number of Off-Street Loading Docks Required. Use Required Off-Street Loading Docks Business and professional offices Adequate provisions to meet needs. Retail and commercial uses Adequate provisions to meet needs. Light and heavy industrial uses (manufacturing- fabricating, warehouse and storage, and showroom) 1 off-street loading dock per 40,000 s.f. of gross floor area. Institutional uses Adequate provisions to meet needs. (Code 1988, § 11.70; Ord. No. 271, 2nd Series, 11 -15-2002; Ord. No. 654 , § 1, 1-2-2019) (f) Electric Vehicle Provisions. (1) Definitions. a. Charging levels means the standardized indicators of electrical force, or voltage, at which an electric vehicle’s battery is recharged. The terms 1, 2, and 3 (DC) are the most common charging levels, and include the following specifications: i. Level 1 is considered slow charging with 120v outlets. ii. Level 2 is considered medium charging with 240v outlets, charging head and cord hard-wired to the circuit. iii. Level 3 (DC) is considered fast or rapid charging. Voltage is greater than 240 volts. 194 Created: 2022-12-29 09:38:55 [EST] (Supp. No. 5, Update 3) Page 10 of 10 b. Electric vehicle means a vehicle that operates, either partially or exclusively, on electrical energy from the electrical grid, or an off-grid source, that is stored on- board for motive purposes. “Electric vehicle” includes: i. Battery electric vehicle. ii. Plug-in hybrid electric vehicle. c. Electric vehicle charging stations (EVCS) means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. d. Electric vehicle infrastructure means conduit/wiring, structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations and rapid charging stations. (2) Number of required Electric Vehicle Charging Stations. a. All new or reconstructed parking structures shall be allowed, but not required, to install EVCS. b. All new or reconstructed parking lots with 14 or fewer parking spaces shall be allowed, but not required, to install EVCS. c. All new or reconstructed parking lots with at least 15 but no more than 49 spaces or expanded parking lots that result in a parking lot with 15 to 49 parking spaces, shall install EV CS as required below. i. Multifamily residential land uses shall have 10% of required residential parking served by ECVSs with at least 5% as Level 2 stations. At least one accessible parking space shall have access to an EVCS. ii. Non-residential land uses with parking spaces available for use by the general public shall have two Level 2 stations or one Level 3 station. At least one accessible parking space shall have access to an EVCS. d. All new or reconstructed parking lots with at least 50 parking spaces or expanded parking lots that result in 50 or more parking spaces, shall install EVCS as required below. i. Multifamily residential land uses shall have 10% of required residential parking as Level 2 stations. At least one accessible parking space shall have access to an EVCS. ii. Non-residential land uses with parking spaces available for use by the general public shall have at least 5% of required parking as Level 2, with at least one station adjacent to an accessible parking space. In non-residential zoned districts, Level 3 charging stations may be installed to satisfy the EVCS requirements described above on a one-for-one basis. e. All new or reconstructed motor fuel stations shall be required to install at least one additional Level 2 or Level 3 charging station. (1)(3) Reductions to EVCS requirements. When the cost of installing EVCS required by this Chapter would exceed five percent of the total project cost, the property owner or applicant may request a reduction in the EVCS requirements and submit cost estimates for city consideration. When City Council approval of the project is not required, the City Manager or their designee may administratively approve a reduction the required amount of EVCS in order to limit the EVCS installation costs to not more than five percent of the total project cost. 195 REGULAR MEETING MINUTES This meeting was conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The City used Webex to conduct this meeting and members of the public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org, or by dialing in to the public call-in line. 1. Call to Order The meeting was called to order at 6:30 pm by Chair Pockl. Roll Call Commissioners present:A. Brookins, S. Ginis, M. McCormick, L. Pockl, M. Ruby, C. Segelbaum Commissioners absent: Staff present: Jason Zimmerman – Planning Manager Council Liaison:Denise La Mere-Anderson 2. Land Acknowledgement 3. Approval of Agenda MOTION made by Commissioner Ginis,seconded by Commissioner Brookins,to approve the agenda of May 8, 2023. MOTION CARRIED 4. Approval of Minutes MOTION made by Commissioner Brookins, seconded by Commissioner Ginis, to approve the meeting minutes of April 24, 2023 MOTION CARRIED 5. Informal Public Hearing –Zoning Text Amendment: Off-Street Parking and Loading Applicant:The City of Golden Valley Myles Campbell, Planner,provided a brief summary of the topic and noted the previous discussion that took place prior to this meeting. Golden Valley currently has 480 Acres of surface parking, 10 above ground parking structures, and 13 underground parking structures. The updated code includes revised landscape requirements, updated setbacks, new internal driveway allowances, and revisions on permeable pavers. May 8, 2023 –6:30 pm Council Chambers Hybrid 196 City of Golden Valley Planning Commission Regular Meeting May 8, 2023 – 6:30 pm 2 The update includes: Electric Vehicle Requirements Required EV Charging Stations (EVCS) for new or reconstructed parking lots Requirement is based on the size of surface parking lot o Larger lot = more EVCS Structured parking is encouraged but not required to include EVCS o This could change in the future if MN building code is updated Minimum/Maximum Parking Without alternate transit options, minimums can only be reduced in cases where they are well above what is practical Establishing an upper limit may be another option to reduce impervious surface overall Minimum and Maximum parking is likely the most direct way for the City to start reducing hardcover associated with surface parking Minimum Class II Restaurant (Fast Food) Parking Existing: 1 space per 40 square feet of gross floor area Proposed: 1 space per 75 square feet of gross floor area o 1 space per 50 square feet as a reduced option Overall Review Required Parking table is streamlined and more accessible to property owners looking to determine parking needed for a particular use Parking Maximums limit new parking lots from further increasing hardcover citywide o Revised minimums help in certain cases here too New Electric Vehicle Requirements will help to achieve Environmental goals of the Comprehensive Plan, and can be adapted and built upon in the future Recommendation Staff recommends approval of the zoning code text amendments as outlined in the draft chapter to City Council for adoption. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. The group discussed policy on parking modifications due to construction or remodeling. The intention of the maximum parking regulation would be triggered by new lots, new structures that create parking, or significant remodeling. The conversation continued on about the increase in parking for class II restaurants and what qualifies for each classification. The group discussed current applications, new constructions, change of use, and what is considered a “significant alteration”. Commissioner Brookins moved on to residential land uses and asked about parking at residential facilities and if multiple parking requirements apply. Staff responded that if a residential facility or a foster family home was in a single-family residential zoning district, the more specific use would 197 City of Golden Valley Planning Commission Regular Meeting May 8, 2023 – 6:30 pm 3 apply over the general zoning district. Commissioner Ginis mentioned larger group homes or residential facilities that house folks who have vehicles, and require staff who also have vehicles. The number of necessary parking spots doesn’t’ match the requirement and she asked that staff consider that added need moving forward. Chair Pockl asked about definitions and if a parking structure and lot were defined separately. This came up because one requires EV chargers and the other doesn’t so clarification is helpful. Conversations around definitions continued in other uses, senior housing, and disability housing. Discussion continued on language consistency through the policies. Commissioner Ruby mentioned the City recommending a maximum at 10% above. He added that in the past, there were conversations in other areas but there wasn’t data to support a secondary recommendation. Ruby asked if Commissioners agree to recommend the maximum at 10%, if there can also be an assurance of resources to track conversations and data in case that number should be edited to 15% or 20%. Staff agreed that’s a great note and added that information will be helpful as the City makes larger parking edits moving forward. Chair Pockl opened the public forum at 7:17pm. Chair Pockl asked staff if comments were received prior to the meeting. There were none. Chair Pockl invited in person commenters to speak first. There were no in person commenters. Chair Pockl invited remote callers to speak. There were no remote commenters. Chair Pockl closed the public comment portion at 7:20pm. Commissioner Ginis thanked staff for their work and conversations that have provided clarity. Ginis recommends following staff recommendation specifically on making the parking maximum be 10% above the minimum for that area. She added that excess parking lots do as much damage as not having enough parking. Commissioner Segelbaum added that too many parking spaces are wasteful yet his concern is that minimums seem to be addressed every few years and parking maximum doesn’t seem to be as friendly to businesses and he’d rather see 20% over the minimum then assess and reduce it later. Segelbaum added that class II restaurants with drive throughs seem to require fewer parking spaces and asked if similar restaurants without a drive through should be held to the same parking requirements. Ginis followed that she would like to see 10% and have some kind of trigger that has an applicant state a full case on why they need more parking. Adding this will help the City understand the full breadth of plans and allow the group to make decisions that will help a business and minimize a potential residential impact. Chair Pockl added that 10% is a great goal and a lot is built in the code language for applicants that can demonstrate they need additional parking. Commissioner Brookins said he doesn’t think any business will add space they don’t need and an excessive parking lot doesn’t help a business. Regarding residential uses, he would like to see the parking requirements around residential facilities amended. The parking requirement of one spot for every five bedrooms is less than the single-family homes around it and that doesn’t feel appropriate. 198 City of Golden Valley Planning Commission Regular Meeting May 8, 2023 – 6:30 pm 4 Brookins added one spot for ever two or three bedrooms feels more appropriate and anything over six bedrooms should require approval. Ginis stated she’d like to rely on staff for those recommendations as the homes can be for long term living or it could be more transitional housing. Regardless, the parking regulation shouldn’t hurt anyone receiving or providing essential services. Staff and Commissioners discussed City or State regulation around residential facilities, residential facilities in general, and parking accommodations based on need. Staff noted the impervious surface requirements, 40% limit of hardscape to a front yard, and how both of those requirements could be prohibitive to residential facilities if a parking minimum was changed. Chair Pockl noted that most of the items seem agreeable while asking staff to review the 10% parking maximum, the residential facility requirements, and to review class II parking requirements between those with drive throughs and those without. MOTION made by Commissioner Brookins, seconded by Commissioner Ruby, to recommend approval of the zoning code text amendments as outlined in the draft chapter to City Council for adoption with the changes of a residential facility being 1-2, with the word “can” being changed to shall, and ask that staff provide recommendation to council about class II restaurants. Commissioner Ginis added a friendly amendment to review residential facility parking without being prohibitive of these facilities but to potentially address parking problems. MOTION CARRIED – End of Televised Portion of Meeting – 6. Election of Officers Commissioner Brookins was elected as incoming Chair. Commissioner Ruby was elected as incoming Vice Chair. Commissioner Ginis was re-elected as Secretary. 7. Council Liaison Report Council Member La Mere-Anderson reported on the last City Council meeting, including a number of proclamations, a new Police officer, and the award for the Highway 55/Douglas Drive underpass project. She announced that there were five applicants for the soon-to-be vacant Council seat which would be filled on June 6. 8. Other Business Planning Manager Zimmerman reminded the Commissioners of the May Board of Zoning Appeals meeting.Commissioner Ruby will the Planning Commission representative. 9. Adjournment MOTION by Commissioner Segelbaum to adjourn, seconded by Commissioner Brookins and approved unanimously. Meeting adjourned at 8:03 pm. ________________________________ 199 City of Golden Valley Planning Commission Regular Meeting May 8, 2023 – 6:30 pm 5 ________________________________ Secretary, Sofia Ginis Amie Kolesar, Planning Assistant 200 Review of Council Calendar Event Event Time Location JUNE Saturday, June 10 Golden Valley Pride Festival 12:00 PM - 6:00 PM Brookview Park Tuesday, June 13 Groundbreaking for Highway 55/Douglas Drive Pedestrian Underpass 5:00 PM Perpich School for the Arts, 6125 Olson Memorial Highway Council Work Session 6:30 PM Hybrid - Council Conference Room Friday, June 16 Kumbayah: The Juneteenth Story Live Play (two performances) AM Show - 10:00 AM Reception - 5:30 PM PM Show - 7:00 PM Breck School's Carlson Theatre - 123 Ottawa Ave N Sunday, June 18 Market in the Valley - Opening Day 9:00 AM - 1:00 PM City Hall Campus Monday, June 19 City Offices Closed for Observance of Juneteenth Tuesday, June 20 HRA Meeting 6:30 PM Hybrid - Council Chambers City Council Meeting 6:30 PM Hybrid - Council Chambers Wednesday, June 21 Public Safety Open House 5:00 PM - 8:00 PM Fire Station 1 7800 Golden Valley Rd Thursday, June 22 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid Brookview - Valley View Room Sunday, June 25 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus JULY Sunday, July 2 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, July 4 City Offices Closed for Observance of Independence Day Wednesday, July 5 City Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, July 9 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Monday, July 10 Ice Cream Social 7:00 PM - 8:00 PM Brookview Park Tuesday, July 11 Council Work Session 6:30 PM Hybrid - Council Conference Room Sunday, July 16 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, July 18 City Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, July 23 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Thursday, July 27 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid Brookview - Valley View Room Grand Opening of Old National Bank at 10 West 3:00 PM 10 West End, 1601 Utica Ave S Friday, July 28 Penny Carnival 12:30 PM - 2:00 PM Brookview Park Sunday, July 30 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus 201