09-05-23 City Council Agenda September 5, 2023 — 6:30 PM
Council Chambers
Hybrid Meeting
1.Call to Order
1A.Pledge of Allegiance and Land Acknowledgement
1B.Roll Call
1C.Proclamation Recognizing National Police Woman Day - September 12
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 Special City Council Closed Executive Session of August 8, 2023
3A.2.Minutes of the Regular City Council Meeting of August 15, 2023
3B.Approval of City Check Registers
3C.Licenses:
3C.1.Approve 2023-2024 New/Used Vehicle Dealer License Renewals
3C.2.Approve New Massage Establishment License - Deep Massage Therapy
3C.3.Approve New THC Retail Establishment License - Twin Cities High
3C.4.Approve Gambling License Exemption and Waiver of Notice Requirement - Firefly
Sisterhood
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 2458 069
9272 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 2458 069 9272 and webinar password
1234. Press *3 to raise your hand during public comment sections.
City of Golden Valley City Council Regular Meeting September 5, 2023 — 6:30 PM
1
3C.5. Approve Gambling License Exemption and Waiver of Notice Requirement - Community of
Recovering People
3D. Boards, Commissions, and Task Forces:
3D.1. Receive the PEACE Commission Annual Report and approve the 2023 Work Plan
3E. Bids, Quotes, and Contracts:
3E.1. Approve Professional Services Agreement with WSB & Associates, Inc. for the Highway 55
Watermain Replacement Project #23-19
3E.2. Approve Purchase of Equipment from Total Control Systems, Inc. and Ziegler Cat for the
Trunk Highway 55 Lift Station Relocation Project No. 20-18
3E.3. Approve Trail Easement Agreement with Hennepin County and Hopkins School District at
5430 Glenwood Avenue
3E.4. Approve Contract for Local Improvement With DJ Electric Services, Inc. for Scheid Park
Tennis Court Light Replacement
3E.5. Approve Professional Services Agreement with Berglund Baumgartner & Glaser for
Prosecution Services
3E.6. Approve Payment of Invoice to Comcast for Installation of Internet Infrastructure to 12
Park Shelters.
3F. Grants and Donations:
3F.1. Adopt Resolution No. 23-075 Accepting a Donation from the Crime Prevention Fund for the
Police Department's Awards and Promotions Reception
3F.2. Adopt Resolution No. 23-076 Approving Donation From Michelle Christensen and Golden
Valley One Good Deed for the Construction, Materials, Equipment, and Installation to Add
Four Play Pods Creating a New Play Trail at Brookview Park and Lions Park
3G.Adopt Resolution No. 23-077 Approving Updates to Employee Handbook
3H.Adopt Resolution No. 23-078 Approving Golden Valley Firefighter Policy Manual
3I.Receive and File June 2023 Quarterly Financial Reports
4.Public Hearing
4A.Adopt Resolution No. 23-072 Approving Easement Vacation for Luther Auto Group at 8855
Wayzata Boulevard
4B.Adopt Resolutions No. 23-073 and No. 23-074, Approving Easement Vacations for
Meadowbrook School at 5430 Glenwood Avenue.
5.Old Business
6.New Business
6A.Adopt Resolution No. 23-079, Approval of Plat for Meadowbrook School 4th Addition
P.U.D. No. 90 and Approve Amended PUD Permit
6B.Review of Council Calendar
6C.Mayor and Council Communications
1.Other Committee/Meeting updates
7.Adjournment
City of Golden Valley City Council Regular Meeting September 5, 2023 — 6:30 PM
2
City of Golden Valley City Council Regular Meeting September 5, 2023 — 6:30 PM
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EXECUTIVE SUMMARY
Police
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 5, 2023
Agenda Item
1C. Proclamation Recognizing National Police Woman Day - September 12
Prepared By
Keith Curtis, Police Office Assistant
Virgil Green, Police Chief
Summary
National Police Woman Day is observed on September 12, 2023. This annual observance pays special
recognition to women law enforcement Officers who serve and protect the community with courage,
dedication, and dignity.
The women Officers of the Golden Valley Police Department have chosen the profession of law
enforcement and have made the decision to safeguard the rights and freedoms of all members of the
community. For this reason, we publicly salute the service of women law enforcement Officers in
Golden Valley and communities across the nation.
Financial or Budget Considerations
N/A
Legal Considerations
N/A
Equity Considerations
Women account for a small but growing percentage of police officers. The national average for sworn
women police officers is approximately 13%, up from just 3% in the 1970s.
The encouraging momentum toward creating a more balanced public safety force is fueled in part by a
growing appreciation of certain unique and valuable professional qualities that women often bring to
law enforcement. Such qualities are believed to enhance the ability of law enforcement agencies to
make a positive impact on the communities they serve. Women officers will continue to find their path
in this male dominated field as the culture of policing opens more opportunities for women in
policing.
Recommended Action
Motion to adopt Proclamation Recognizing National Police Woman Day - September 12.
4
Supporting Documents
Proclamation Recognizing National Police Woman Day
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CITY OF GOLDEN VALLEY
PROCLAMATION RECOGNIZING NATIONAL POLICE WOMAN DAY
SEPTEMBER 12, 2023
WHEREAS,National Police Woman Day is celebrated each year on September 12. The
day acknowledges and celebrates the contribution of women police officers; and
WHEREAS,the women police officers of the Golden Valley Police Department play an
essential role in safeguarding the rights and freedoms of all members of the community; and
WHEREAS,it is important that all citizens know and understand the duties,
responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of
our law enforcement agency recognize their duty to serve the people by safeguarding life and
property, by protecting them against violence and disorder, and by protecting the innocent
against deception and the weak against oppression; and
WHEREAS,we salute all the women police officers who serve our Golden Valley Police
Department and wish a happy National Police Woman Day to all the women who selflessly
serve our citizens of Golden Valley.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Golden Valley
does hereby proclaim September 12, 2023, as National Police Women Day in the City of Golden
Valley. We call upon all citizens to join in commemorating our women police officers, past and
present, who, by their faithful and loyal devotion to their responsibilities, have rendered a
dedicated service to their communities and have established for themselves an enviable and
enduring reputation for preserving the rights and security of all citizens. The Golden Valley City
Council publicly salutes the service of women law enforcement officers in our community and
in communities across the nation.
IN WITNESS WHEREOF,that I, Shepard M. Harris, Mayor of the City of Golden Valley
have hereunto set my hand and caused the seal of the City to be affixed this 5th day of
September, 2023.
___________________________
Shepard M. Harris, Mayor
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August 8, 2023 —5:00 PM
Manager's Conference Room
CITY COUNCIL CLOSED EXECUTIVE SESSION MINUTES
Additional Remote Location:Due to out-of-state travel, Mayor Harris joined the closed
meeting virtually in accordance with Minn. Stat. § 13D.02 from the following location:
Jackson Memorial Library, 71 Main St, St George, ME 04860
Closed Session Items:
1.Call Closed Session to Order
Mayor Harris called the meeting to order at 5:03 pm.
Present:Mayor Shep Harris, Council Members Sophia Ginis, Maurice Harris, Denise
La Mere-Anderson, and Gillian Rosenquist
Staff present: City Manager Cruikshank
2.Conduct Annual Performance Evaluation of City Manager Tim Cruikshank
The meeting was closed as permitted by Minn. Stat. § 13D.05, subd. 3(a). No other public
business was discussed at the closed meeting pursuant to the statute. A summary of the
meeting was provided at the August 15, 2023 regular City Council meeting.
3.Adjourn
The Closed Executive Session was adjourned by unanimous consent at 6:28 pm.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
7
August 15, 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 6:30 pm.
1A.Pledge of Allegiance and Land Acknowledgement
Aiden and Dylan Casey of Boy Scout Troop #268 joined Mayor Harris in leading the Pledge of
Allegiance. Mayor Harris also read the City’s Land Acknowledgement statement.
1B. Roll Call
Present:Mayor Shep Harris, Council Members Sophia Ginis, Maurice Harris, Denise La Mere-
Anderson, and Gillian Rosenquist
Staff present: City Manager Cruikshank, City Attorney Cisneros, Assistant City Engineer Kakach,
Recreation Supervisor Stutzman,Recreation Coordinator Champa,Fire Chief Crelly,
Fire Inspector Jarta, Communications Director Weiler, Communications Specialist
Peters, and City Clerk Schyma
1C. Recognition of Parks and Recreation Junior Leader Volunteers
Recreation Coordinator Champa and Recreation Supervisor Stutzman discussed the program and
presented awards to 2023 Junior Leader Volunteers –Leland Jarta and Ana Semsch. They also
recognized 2023 Junior Leader Volunteers –Leo Adrian, Fran Garry-Skujins, Casper Smith, and
Reese Spears who were unable to attend tonight’s meeting.
1D. New Employee Introductions
Fire Chief Crelly introduced Fire Inspector Kevin Jarta and Communications Director Weiler
introduced Communications Specialist Madeline Peters.
2.Additions and Corrections to Agenda
Motion by Rosenquist, Second by M. Harris to approve the agenda as submitted.
Motion carried 5-0.
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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 Rosenquist, Second by La Mere-Anderson to approve the Consent Agenda as revised:
removal of Item #3D. Adopt Resolution No. 23-069 Approving Ballot Language for Referendum on
Local Sales Tax.
Motion carried 5-0.
3A.Approval of City Council Minutes:
3A.1. Minutes of the Special City Council Meeting of July 18, 2023
3A.2. Minutes of the Regular City Council Meeting of July 18, 2023
3B.Licenses:
3B.1.Approve New Massage Establishment License - Two Little Hands
3B.2.Approve Temporary On-Sale Liquor License - Good Shepherd Catholic Church Event
on September 16
3B.3.Approve Temporary On-Sale Liquor License and Gambling License Exemption and Waiver
of Notice Requirement - Chester Bird American Legion Post 523 Event on September 17
3B.4.Receive and File - Gambling License Exemption and Waiver of Notice Requirement -
American Legion Auxiliary Post 523 Event on September 22
3B.5.Receive and File - Gambling License Exemption and Waiver of Notice Requirement - Sons
of the American Legion Post 523 - Events on October 28 and November 17
3C.Bids, Quotes, and Contracts:
3C.1.Approve Purchase of a Wheel Loader from Nuss Truck & Equipment
3C.2.Approve Purchase of a Mower from MTI Distributing, Inc.
3C.3.Ballfield Rehabilitation Project for Tapper Field, Sutton Field, and Isaacson Field #1
3C.4.Sun Shelter Installation at Scheid Park
3D.Adopt Resolution No. 23-069 Approving Ballot Language for Referendum on Local Sales Tax
3E.Approve Summary of Conclusion Regarding City Manager Performance Closed Evaluation
from Executive Session on August 8, 2023
3F.Adopt Resolution 23-070, Approval of Plat for Niewald Lyons Addition
3G.Adopt Resolution No. 23-071, Approval of Plat for Fretham 30th Addition
3.Items Removed From the Consent Agenda:
3D. Adopt Resolution No. 23-069 Approving Ballot Language for Referendum on Local Sales Tax
Council Members Harris and Rosenquist thanked staff for incorporating suggestions from the
August 8 Council work session, especially using as much plain language as possible.
Motion by M. Harris, Second by Rosenquist to adopt Resolution No. 23-069 approving ballot
language for referendum on local sales tax and authorizing an election thereon during the 2023
General Election on November 7.
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Motion carried 5-0 with unanimous approval.(In Favor: S. Harris, Ginis, M. Harris, La Mere-
Anderson, Rosenquist. Opposed: N/A)
4.Public Hearing
4A.Approve Easement Vacation for Luther Auto Group at 8855 Wayzata Boulevard
Assistant City Engineer Kakach discussed the staff report, need for continuation of the public
hearing, and tabling of the item to the September 5 Council Meeting.
Mayor Harris opened the public hearing.
Motion by Rosenquist, Second by La Mere-Anderson to continue the public hearing and to table
the consideration of Resolution No. 23-072 Vacating a Portion of Platted Drainage and Utility
Easement RLT 2nd Addition (Lot 2, Block 1) until the September 5, 2023 City Council Meeting.
Motion carried 5-0.
4B.Adopt Resolutions No. 23-073 and No. 23-074, Approving Easement Vacations
for Meadowbrook School at 5430 Glenwood Avenue.
Assistant City Engineer Kakach discussed the staff report, need for continuation of the public
hearing, and tabling of the items to the September 5 Council Meeting.
Mayor Harris opened the public hearings.
Motion by Rosenquist, Second by M. Harris to continue the public hearing and to table the
consideration of Resolution No. 23-073 Vacating Platted Drainage and Utility Easement
Meadowbrook School 3rd Addition PUD No. 90 until the September 5, 2023 City Council Meeting.
Motion carried 5-0.
Motion by Rosenquist, Second by La Mere-Anderson to continue the public hearing and to table
the consideration of Resolution No. 23-074 Vacating The Easement to the Extent Affecting the
Land Described as Part of Parcel 306B In Quit Claim Deed Dated November 12, 2014, until the
September 5, 2023 City Council Meeting.
Motion carried 5-0.
5.Old Business
6.New Business
6A. Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
6B. Mayor and Council Communications
1. Other Committee/Meeting updates
Mayor Harris summarized a recent meeting of local government officials who gathered to discuss
a perceived increase in juvenile crime.10
7.Adjournment
The meeting was adjourned by unanimous consent at 7:20 pm.
________________________________
ATTEST: Shepard M. Harris, Mayor
________________________________
Theresa J. Schyma, City Clerk
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EXECUTIVE SUMMARY
Administrative Services
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 5, 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-int/WebLink/browse.aspx?id=1000913&dbid=0&repo=GoldenValley
The check register(s) for approval:
07-31-23 Check Register
08-04-23 Check Register
08-11-23 Check Register
08-16-23 Check Register
08-23-23 Check Register
Financial or Budget Considerations
The check register is attached with the financing sources at the front of the document. Each check has
a program code(s) where it was charged.
Legal Considerations
Not Applicable
Equity Considerations
Not Applicable
Recommended Action
Motion to authorize the payment of the bills as submitted.
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EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 5, 2023
Agenda Item
3C.1. Approve 2023-2024 New/Used Vehicle Dealer License Renewals
Prepared By
Sue Schwalbe, Deputy City Clerk/Community Development Assistant
Summary
As per City Code, some businesses are required to be licensed by the City. Listed below are the
new/used vehicle dealer businesses that are due for renewal for the 2023-2024 license period. The
following establishments meet City Code requirements for the renewal of their license and staff is
recommending approval.
Licensee Address License Type
ABC Cars and Leasing LLC ABC Cars and Leasing LLC 1200 Mendelssohn Avenue
Borton Volvo, Incorporated Borton Volvo Incorporated 905 Hampshire Avenue South
Golden Valley TCA F, LLC Twin Cities Performance 9191 Wayzata Boulevard
Golden Valley TCAA, LLC Audi Minneapolis 9393 Wayzata Boulevard
Golden Valley TCAP, LLC Porsche of Minneapolis 9595 Wayzata Boulevard
Jaguar/Landrover Minneapolis Jaguar/Landrover Minneapolis 8905 Wayzata Boulevard
Jim Lupient Company Lupient Buick, GMC 7100 Wayzata Boulevard
Jim Lupient Infiniti Jim Lupient Infiniti 7200 Wayzata Boulevard
Morrie's Luxury Auto LLC Morrie's Luxury Auto LLC 7300 Wayzata Boulevard
Morrie's Golden Valley Cadillac Morrie's Golden Valley Cadillac 7400 Wayzata Boulevard
Northern Hospitality LLC Minnesota Auto Sales 2420 Nevada Avenue North
Poquet Auto Sales, Incorporated Poquet Auto Sales, Incorporated 800 Lilac Drive North
Rudy Luther Toyota Rudy Luther Toyota 8805 Wayzata Boulevard
Financial or Budget Considerations
Fees received for license renewals are budgeted and help to defray costs the City incurs to administer
and enforce license regulations and requirements.
Legal Considerations
This item does not require legal review.
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Equity Considerations
This item does not require equity review.
Recommended Action
Motion to authorize the renewal of the above New/Used Vehicle Dealer Licenses for a period of
September 1, 2023 through August 31, 2024.
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EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 5, 2023
Agenda Item
3C.2. Approve New Massage Establishment License - Deep Massage Therapy
Prepared By
Theresa Schyma, City Clerk
Summary
Joseph Lauer, owner of Deep Massage Therapy LLC, has applied for a new massage establishment
license that would operate at 6480 Wayzata Boulevard. The City Clerk has reviewed the application
and currently sees no reason to deny the license, pending the receipt of a certificate of general liability
insurance. 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 Deep Massage Therapy LLC,
6480 Wayzata Boulevard, pending the receipt of a certificate of general liability insurance.
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EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 5, 2023
Agenda Item
3C.3. Approve New THC Retail Establishment License - Twin Cities High
Prepared By
Theresa Schyma, City Clerk
Summary
Andrew Caruthers, owner of Twin Cities High, has applied for a new THC retail establishment license
that would operate at 7716 Olson Memorial Highway. The City Clerk has reviewed the application and
sees no reason to deny the license, pending the receipt of a certificate of general liability insurance. All
THC licenses issued shall be valid for one calendar year from the date of issue so this new license will
be effective through September 5, 2024.
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
The applicant has met City Code requirements for the approval of a new THC retail establishment
license, pending the receipt of a certificate of general liability insurance.
Equity Considerations
This item does not require equity review.
Recommended Action
Motion to approve the issuance of a THC retail establishment license to Twin Cities High, 7716 Olson
Memorial Highway, pending the receipt of a certificate of general liability insurance.
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EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 5, 2023
Agenda Item
3C.4. Approve Gambling License Exemption and Waiver of Notice Requirement - Firefly Sisterhood
Prepared By
Theresa Schyma, City Clerk
Summary
Firefly Sisterhood, a 501(c)(3) nonprofit organization, has applied for a Gambling License Exemption to
conduct gambling (raffle) at an event at the Metropolitan Ballroom, 5418 Wayzata Boulevard, on
October 4, 2023. According to their website "The mission of Firefly Sisterhood is to foster one-to-one
connections between women who are impacted by a breast cancer diagnosis and inspirational
survivors."
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 Firefly Sisterhood to conduct gambling (raffle) at an event at the Metropolitan
Ballroom, 5418 Wayzata Boulevard, on October 4, 2023.
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EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 5, 2023
Agenda Item
3C.5. Approve Gambling License Exemption and Waiver of Notice Requirement - Community of
Recovering People
Prepared By
Theresa Schyma, City Clerk
Summary
The non-profit organization Community of Recovering People d/b/a The Retreat have applied for a
Gambling License Exemption to conduct gambling (raffle) for their annual IMAGINE fundraising event
at the Metropolitan Club and Ballroom, 5418 Wayzata Boulevard, on October 14, 2023.
As per State Statute organizations that conduct gambling within the City limits have to submit an
application for a lawful gambling permit to the State after the permit has been approved or denied by
the City. Depending upon the timing of the permit the applicants may request the City to waive the
30-day waiting period.
Legal Considerations
This item does not require legal review.
Equity Considerations
Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create
relationships within the community and make connections that can help provide unbiased programs
and services to those in need.
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for the Community of Recovering People d/b/a The Retreat to conduct gambling (raffle)
for their annual IMAGINE fundraising event at the Metropolitan Club and Ballroom, 5418 Wayzata
Boulevard, on October 14, 2023.
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EXECUTIVE SUMMARY
Human Resources
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 5, 2023
Agenda Item
3D.1. Receive the PEACE Commission Annual Report and approve the 2023 Work Plan
Prepared By
Airrion Williams, Community Connection and Outreach Specialist
Summary
PEACE Commission has prepared a workplan for 2023 and has provided reflection on its 2022
workplan.
Financial or Budget Considerations
There are no financial considerations
Legal Considerations
There are no legal considerations
Equity Considerations
There are no equity considerations
Recommended Action
Motion to receive the PEACE Commission 2022 Annual Report and approve the 2023 Work Plan
Supporting Documents
PEACE Commission- 2022 Annual-Report-2023 Work Plan.pdf
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2022 ANNUAL REPORT | 2023 WORK PLAN
THE CITY OF GOLDEN VALLEYPOLICE EMPLOYMENT, ACCOUNTABILITY & COMMUNITY ENGAGEMENT COMMISSION
20
2 City of Golden Valley
PURPOSE, MISSION,
& PRESCRIBED DUTIES
Help the Police Department innovate and transform its provision of public safety services
based on community input and needs, and to assure that the department provides
inclusive, community-centered service.
Front page photo by City of Golden Valley.
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POLICE EMPLOYMENT, ACCOUNTABILITY, & COMMUNITY ENGAGEMENT COMMISSION / 2022 Annual Report 3
TABLE OF
CONTENTS
4 2022 Overview
6 2023 Proposed Work
Plan
COMMISSIONERS
Trey Gladney, Chair
Roslyn Harmon, Vice Chair
Randy Anderson
LorettaArradondo*
Shelli Bakken*
Katrina Cisneros
Henry Crosby
Alicia Dang
Janet Frisch
Bridget Glass
Trevor Parkes
Charles Quimby*
Madeline Ryan
Andrew Wold*
* Former Commissioners
Note: Terms run May 1-April 30
COUNCIL LIAISON
Kimberly Sanberg (2022)
Sophia Ginis (2023)
CITY STAFF
Airrion Williams, Community Connection and Outreach Specialist
22
4 City of Golden Valley
2022 OVERVIEW
The PEACE Commission makes recom-
mendations to the City Council on matters
relating to policing in Golden Valley, and its
mission and bylaws (see Appendix B) guide
this work. The 2022 Work Plan outlined work
conducted by three subcommittees. Each
subcommittee is overseen by a staff liaison
and an executive committee composed of
the Commission chair, vice chair, and sub-
committee chairs.
The Commission recognizes the urgency
presented by staff attrition in the Golden Valley Police Department (GVPD) and the related community con-
cerns. Each subcommittee selected a focus for the second half of 2022 that addressed an aspect of the
current situation while setting course for the future.
• Data Subcommittee: Develop a data-gathering strategy to identify gaps and ways to best present that
data.
• Recruiting Subcommittee: Support the identification, hiring, and onboarding of new police officers.
• Community Engagement Subcommittee: Conduct community listening sessions and collaborate with
the GVPD on outreach initiatives.
The PEACE Commission reflected on its 2022 work plan and accomplishments by subcommittee.
DATA SUBCOMMITTEE
• PEACE Commissioners used policing data available in the GVPD Window to graph the percentage of
different types of calls/responses vs demographic information. They also looked at possible changes
in number or types of calls between 2021 and 2022.
• Commissioners met with the GVPD data analyst to ask for data to further its understanding of Golden
Valley policing. The Commission made headway on gathering this information and will continue to
pursue this route.
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POLICE EMPLOYMENT, ACCOUNTABILITY, & COMMUNITY ENGAGEMENT COMMISSION / 2022 Annual Report 5
2022 OVERVIEW
RECRUITING, TRAINING, AND DEVELOPMENT SUBCOMMITTEE
• Review and advise on the recruitment and onboarding process for new police officers.
PEACE Commissioners served on multiple interview panels for CSOs and sworn officers. The Commis-
sioners also provided a written report of both strengths and concerns of individual candidates that inter-
viewed for the assistant police chief position.
• Develop interview questions for hiring police officers.
PEACE developed five new questions to be incorporated into the interview process for new police officers.
• Develop a policy committee.
A policy committee was formed with partnership from City staff and the PEACE Commission.
• Identify restorative leaders to support officer training.
No progress was made.
COMMUNITY ENGAGEMENT SUBCOMMITTEE
• Co-conduct listening sessions with stakeholders to inform Commission’s actions and elevate com-
munity voices.
In preparation for conducting future listening sessions, PEACE Commissioners participated in restorative
practice training so they would be well equipped for the varying perspectives that may arise in a listening
session.
• Pilot restorative circles to address neighborhood safety and quality of life issues.
PEACE did not host any circles but did participate in peace and love circles hosted by Rose McGee and
restorative circles hosted by Dr Raj Sethuraju in preparation for its own circle-keeping efforts.
PEACE Commissioners will be trained in Circles of Support Restorative Practices by Vice Chair Roslyn
Harmon.
• Support GVPD outreach, including National Night Out and The Market in The Valley.
PEACE supported GVPD’s 2022 National Night Out initiative by collaboratively attending neighborhood
gatherings, sharing information about both PEACE and GVPD work, and picking up food shelf donations.
PEACE was invited to do the same for the 2023 National Night Out.
PEACE was not part of other outreach or community engagement efforts for the GVPD. PEACE expressed
interest in collaborating on community engagement, but progress has been slow.
24
6 City of Golden Valley
2023 PROPOSED WORK PLAN
• Reboot a renamed Neighborhood Watch to better reflect 21st Century Policing and foster “safe and
welcoming communities.”
PEACE did not complete this task. PEACE met with GVPD’s former crime analyst and community outreach
specialist and were told that since block captain contact information is not public data, the block captains
would have to individually opt in to communicate with PEACE.
PEACE wrote a letter to block captains to be delivered by the former GVPD community engagement spe-
cialist; however, that did not happen.
• Recognize peacekeepers, honoring GVPD and community contributors.
The PEACEKeepers newsletter, which was launched Q1 of 2023, was supposed to be the forum for Com-
missioners to honor GVPD and community contributions. At the time, there were more pressing matters
that needed to be addressed in the newsletter, but PEACE still intends to honor GVPD and community
efforts to keep everyone safe, seen, and respected.
See Appendix A for a historical context of the formation of the PEACE Commission.
DATA AND RESEARCH
The goal for 2023 is to collect data from all available resources to gain a bet-
ter understanding of how the community and police interact. This information
will help PEACE develop better ways to bridge relationships between the City,
the GVPD, and the community.
DATA SUBCOMMITTEE TENTATIVE OUTLINE
Q3 (JUNE–AUG)
• Identify gaps between Hennepin County Sheriff’s Office (HCSO) and GVPD data.
Incidents reported through the GVPD Window does not show a complete picture of the level of demand
for calls for service.
• Support specialist to develop an upgraded GVPD data dashboard on the City website.
Determine list of data elements, including traffic stops and how demographics will intersects with
outcomes.
Q4 (OCT–DEC)
• Participate in analyzing data from traffic stops and calls to service to identify types of crimes,
including service requests that may be omitted from data.
Determine team that will follow up with crime analyst.
Summarize data that aligns call records to who is responding.
Subcommittee
Alicia Dang, Chair
Maddy Ryan
Trevor Parkes
Trey Gladney
25
POLICE EMPLOYMENT, ACCOUNTABILITY, & COMMUNITY ENGAGEMENT COMMISSION / 2022 Annual Report 7
2023 PROPOSED WORK PLAN
• Analyze and define the GVPD’s current process for collecting data.
Make recommendation on how to collect and capture more data points in the future.
Q1 2024 (JAN–MARCH)
• Attend listening sessions.
Make recommendations to the City Council based on community feedback.
• Assess current firm that handles prosecution data.
Review Hennepin County data to compare Golden Valley incidents to incidents that took place in other first
ring suburbs.
Q2 2024 (APRIL–JUNE)
• Conduct yearly/performance review or community survey.
Review yearly metrics to understand challenges and issues.
Gather information from NextDoor or other social media platforms in absence of exit interview data.
Consider opportunities to incentivize participation in exit interviews.
Create a community survey to gauge how the public feels about Golden Valley police and what the City can
do to improve and maintain community outreach.
Recommend process for better annual performance goals and ideas for positive public engagement.
RECRUITING, TRAINING, AND DEVELOPMENT
• Collaborate with staff and community on inquiring about current re-
cruitment and staffing needs for new police officers while exploring
alternative and creative ways of addressing community safety.
Join with the PEACE Community Engagement Subcommittee to gather
community-centered voice on how to best meet the needs identified by
the community through listening sessions.
Collaborate with staff and the PEACE Data Subcommittee to develop a strategic, holistic picture of
accurate recruitment and staffing needs to ensure officers’ well-being, along with community needs,
are protected.
• Generate an internal interview process that is restorative and equity-focused to support the
City in hiring decisions.
Provide a community-centered and transparent interview metric that can be sustainably and equitably used
by the City in hiring interviews.
Subcommittee
Katrina Cisneros, Chair
Roslyn Harmon
Janet Frisch
26
8 City of Golden Valley
• Develop transparent and embedded processes and procedures to define how/when/why PEACE
Commissioners will assist the City in law enforcement interview processes.
Collaborate with staff on developing a concrete policy/procedure that creates standardized understandings
of PEACE involvement in hiring.
• Inquire about and help develop officer training that is centered around restorative and trauma
responsive care that meets cultural responsiveness needs of the community.
Partner with an identified culturally responsive trainer to provide community input into ongoing trauma-in-
formed GVPD training.
COMMUNITY ENGAGEMENT
• Conduct listening sessions with stakeholders to inform
Commission’s actions and elevate community voices.
PEACE Commissioners are now Certified Restorative Circle Keepers
and well-equipped to navigate all perspectives that may arise in listen-
ing sessions.
• Pilot restorative circles to address neighborhood safety and quality of life issues.
Topics of listening sessions/circles are Reimagining Public Safety and Rebranding Neighborhood Watch,
and Support GVPD Outreach, including National Night Out and Market In The Valley.
For the 2023 National Night Out, PEACE was invited to again collaboratively attend neighborhood gather-
ings, share information about both PEACE and GVPD work, and pick up food shelf donations.
PEACE has expressed interest in collaborating on community engagement.
• Reboot a renamed Neighborhood Watch to better reflect 21st Century Policing and foster
“safe and welcoming communities.”
PEACE plans to host a listening session, with one topic being Rebranding Neighborhood Watch,
in Q3 or Q4 of 2023 and connect with Block Captains with opted-in communication.
• Recognize peacekeepers, honoring GVPD and community contributors.
PEACE plans to publish a PEACEKeepers newsletter in Q4 of 2023.
2023 PROPOSED WORK PLAN
Subcommittee
Bridget Glass, Chair
Randy Anderson
Henry Crosby
27
EXECUTIVE SUMMARY
Public Works
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 5, 2023
Agenda Item
3E.1. Approve Professional Services Agreement with WSB & Associates, Inc. for the Highway 55
Watermain Replacement Project #23-19
Prepared By
Tim Kieffer, Public Works Director
Jeff Oliver, City Engineer
Summary
Staff discovered a leak during an inspection of the 12-inch watermain that parallels Highway 55. The
watermain is suspended on an old MnDOT bridge that crosses Bassett Creek. The supports and pipe
have deteriorated to the point that a repair cannot be made. Staff recommends boring under the
creek to limit the exposure to weather and possible damage from vehicles.
Currently WSB & Associates, Inc. is performing the same services for the Highway 55 Underpass
Project. Staff proposed to hire WSB & Associates, Inc. for professional engineering, bidding and
construction services given the repair needs to be made before winter.
Financial or Budget Considerations
The not-to-exceed cost for the consulting services is $26,411.00. Funding will come from reserves out
of the Water and Sewer Fund since this is an unplanned emergency repair.
Legal Considerations
The City Attorney has not reviewed the Professional Services Agreement with WSB & Associates, Inc.
for the Highway 55 Watermain Replacement; however, the agreement was created using an approved
template without changes.
Equity Considerations
The Highway 55 Watermain Replacement Project satisfies Pillar 3 of the Equity Plan by providing
unbiased programs and services. Reliable potable water service is essential for public health, safety,
and the economic vitality of a community.
Recommended Action
Motion to authorize the Mayor and City Manager to execute a professional services agreement with
WSB & Associates, Inc. in the form approved by the City Attorney for engineering services for the
Highway 55 Watermain Replacement Project #23-19.
28
Supporting Documents
Professional Services Agreement with WSB & Associates, Inc. for the Highway 55 Watermain
Replacement Project #23-19
29
1
PROFESSIONAL SERVICES AGREEMENT
(ENGINEERING SERVICES)
THIS AGREEMENT is made this 5th day of September(“Effective Date”) by and between WSB & Associates,
Inc. a Minnesotacorporation with its principaloffice at 701 Xenia Avenue South, Suite 300 Golden Valley,
MN 55416 (“Consultant”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation
located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”):
RECITALS
A. Consultant is engaged in the business of providing professional engineering consulting services.
B. The City desires to hire Consultant to provide professional engineering, bidding, and construction
services for the Highway 55 Watermain Replacement Project.
C. Consultant represents that it has the professional expertise and capabilities to provide the City
with the requested professional services.
D. The City desires to engage Consultant to provide the services described in this Agreement and
Consultant is willing to provide such services on the terms and conditions in this Agreement.
NOW, THEREFORE,in consideration of the terms and conditions expressed in this Agreement, the City and
Consultant agree as follows:
AGREEMENT
1.Services.Consultant agrees to providetheCity with professional consultingservices as described
in the attached Exhibit A (the “Services”) at the locations depicted in the attached Exhibit B. Exhibits A
and B shall be incorporated into this Agreement by reference. All Services shall be provided in a manner
consistent with the level of care and skill ordinarily exercised by professionals currently providing similar
services. Consultant may reasonably rely on information and documents provided by or through the City.
2.Time for Completion.The Services shall be completed on or before December 1, 2023, provided
that the parties may extend the stated deadline upon mutual written agreement. This Agreement shall
remain in force and effect commencing from the effective date and continuing until the completion of the
project, unless terminated by the City or amended pursuant to the Agreement.
3.Consideration.The City shall pay Consultantfor the Services on an hourly basis and for necessary
out-of-pocket expenses at the rates set forth in Consultant’s fee schedule, attached hereto as Exhibit C.
Consultant’s total compensation for the Services, including hourly fees and expenses, shall not exceed
$26,411.00. The consideration shall be for both the Services performed by Consultant and any and all
expenses incurred by Consultant in performing the Services. The City shall make progress payments to
Consultant on a monthly basis. Consultant shall submit statements to the City containing a detailed list
of project labor and hours, rates, titles, and amounts undertaken by Consultant during the relevantbilling
period. The City shall pay Consultant within thirty (30) days after Consultant’s statements are submitted.
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4.Approvals.Consultant shall secure the City’s written approval before making any expenditures,
purchases, or commitments on the City’s behalf beyond those listed in the Services. The City’s approval
may be provided via electronic mail.
5.Termination.Notwithstanding any other provision hereof to the contrary, this Agreement may
be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time;
b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City
upon providing thirty (30) days’ written notice to the City;
c. The City may terminate this Agreement at any time at its option, for any reason or no reason at
all; or
d. The City may terminate this Agreement immediately upon Consultant’s failure to have in force
any insurance required by this Agreement.
In the event of a termination, the City shall pay Consultant for Services performed to the date of
termination and for all costs or other expenses incurred prior to the date of termination.
7.Amendments.No amendments may be made to this Agreement except in a writing signed by
both parties.
8.Remedies. In the event of a termination of this Agreement by the City because of a breach by
Consultant, the City may complete the Services either by itself or by contract with other persons or
entities, or any combination thereof. These remedies provided to the City for breach of this Agreement
by Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or
equitable remedies available because of Consultant’s breach.
9.Records/Inspection.Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that
the books, records, documents, and accounting procedures and practices of Consultant, that are relevant
to this Agreementor transaction, are subject to examination by the City and the state auditor or legislative
auditor for a minimum of six years. Consultant shall maintain such records for a minimum of six years
after final payment. The parties agree that this obligation will survive the completion or termination of this
Agreement.
10.Indemnification.To the fullest extent permitted by law, Consultant, and Consultant's successors
or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials,
agents, volunteers, and employees from any and all claims; lawsuits; causes of actionsof any kind,nature,
or character; damages; losses; andcosts, disbursements, and expenses of defending the same, including but
not limited to reasonable attorneys’ fees, professional services, and other technical, administrative or
professional assistance to the extent resulting from Consultant’s (or its subcontractors, agents, volunteers,
members, invitees, representatives, or employees) negligent 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
ofliability to which the City is entitled. The parties agree that these indemnification obligations shallsurvive
the completion or termination of this Agreement.
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3
11.Insurance.Contractor shall maintain reasonable insurance coverage throughout this Agreement.
Contractor agrees that before any work related to the approved project can be performed, Contractor
shall maintain at a minimum:
A. Workers’ Compensation and Employers’ Liability
1. Coverage A: Per state statute
2. Coverage B: $500,000 each accident
$500,000 Disease – policy limit
$500,000 Disease – each employee
B. Commercial General Liability
1. $2,000,000 General Aggregate
2. $2,000,000 Products—Completed Operations Aggregate
3. $1,000,000 Each Occurrence
4. $1,000,000 Personal Injury
C. Commercial Automobile Liability
1. $1,000,000 Combined single limit bodily injury and property damage. The
Commercial Automobile Liability shall provide coverage for the following
automobiles:
i.All owned automobiles
ii.All non-owned automobiles
iii.All hired automobiles
D. Umbrella Liability
1. $10,000,000 Each claim
2. $10,000,000 Annual aggregate
The umbrella liability shall provide excess limits for the commercial general liability policies.
E. Professional and Pollution Incident Liability
Professional liability insurance including pollution incident liability coverage with limits of
not less than:
1. $5,000,000 per claim
2. $5,000,000 annual aggregate
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.
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4
12.Assignment.Neither the City nor Consultant shall assign or transfer any rights under or interest
(including, but without limitation, moneys that may become due or moneys that are due) in this
Agreement without the prior written consent of the other except to the extent that the effect of this
limitation may be restricted by law. Any assignment in violation of this provision is null and void. Unless
specifically stated to the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this
paragraph shall prevent Consultant from employing such independent consultants, associates, and
subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this
Agreement. Any instrument in violation of this provision is null and void.
13.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.
14.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 andtobacco, drug, and alcohol use as definedon 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.
15.Entire Agreement.This Agreement, any attached exhibits, and any addendasigned by the parties
shall constitute the entire agreement between the City and Consultant, and supersedes any other written
or oral agreements between the City and Consultant. This Agreement may only be modified in a writing
signed by the City and Consultant. If there is any conflict between the terms of this Agreement and the
referenced or attached items, the terms of this Agreement shall prevail. If there is any conflict between
this Agreement and Exhibits A or B, the terms of this Agreement shall prevail.
16.Third Party Rights.The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
17.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 mediated with a mutually acceptable third-party neutral within 90 days of either party giving
notice to the other of a dispute, controversy or claim. If such mediation is unsuccessful, the dispute,
controversy, or claim shall be heard in the state or federal courts of Hennepin County, Minnesota, and all
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parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on
convenience or otherwise.
18.Conflict of Interest.Consultant shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in its representation of the City. In the event of a conflict of interest,
Consultant shall advise the City and either secure a waiver of the conflict, or advise the City that it will be
unable to provide the requested Services.
19.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 ordeveloped in connection with the provision ofthe Services pursuant
to this Agreement shall become the property of the City, but Consultant may retain reproductions of such
records, information, materials and work product. Regardless of when such information was provided or
created, Consultant agrees that it will not disclose for any purpose any information Consultant has
obtained arising out of or related to this Agreement, except as authorized by the City or as required by
law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or
interests in any intellectual property created by Consultant prior to the effective date of this Agreement;
however, to the extent Consultant generates reports or recommendations for the City using proprietary
processes or formulas, Consultant shall provide the City (1) factual support for such reports and
recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the
recommendation; and (3) a detailed explanation of the rationale behind the methodologyused. All of the
obligations in this paragraph shall survive the completion or termination of this Agreement. Any reuse of
the records, information, materials, or work product without written verification or adaptation by
Consultant will be at the City’s sole risk and without liability or legal exposure to Consultant.
20.Agreement Not Exclusive.The City retains the right to hire other professional service providers for
this or other matters, in the City’s sole discretion.
21.Data Practices Act Compliance.Any and all data provided to Consultant, received from Consultant,
created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this
Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13. Consultant agrees to notify the City within
three business days if it receives a data request from a third party. This paragraph does not create a duty
on the part of Consultant to provide access to public data to the public if the public data are available from
the City, except as required by the terms of this Agreement.These obligations shall survive the termination
or completion of this Agreement.
22.No Discrimination.Consultant agrees not to discriminate in providing products and services under
this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status
with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate
termination of this Agreement. Consultant agrees to comply with Americans with Disabilities Act as
amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act,
Minnesota Statutes, Chapter 363A. Consultant agrees to hold harmless and indemnify the City from costs,
including but not limited to damages, reasonable attorneys’ fees and staff time, in any action or
proceeding brought alleging a violation of these laws by Consultant or its guests, invitees, members,
officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request,
Consultant shall provide accommodation to allow individuals with disabilities to participate in all Services
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6
under this Agreement. Consultant agrees to utilize itsown auxiliary aid or service in order to comply with
ADA requirements for effective communication with individuals with disabilities.
23.Authorized Agents.The City’s authorized agent for purposes of administration of this contract is
Jeff Oliver, City Engineer, or designee. Consultant’s authorized agent for purposes of administration of
this contract is John R. Bradford, or designee who shall perform or supervise the performance of all
Services.
24.Notices.Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return
receipt requested, addressed to:
CONSULTANT THE CITY
WSB & Associates, Inc.
John R. Bradford, PE
701 Xenia Avenue S., Suite 300
Golden Valley, MN 55416
jbradford@wsbeng.com
City of Golden Valley
Jeff Oliver
7800 Golden Valley Road
Golden Valley, MN 55437
joliver@goldenvalleymn.gov
or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
26.Waiver.No waiver of any provision or of any breach of this Agreement shall constitute a waiver
of any other provisions or any other or further breach, and no such waiver shall be effective unless made
in writing and signed by an authorized representative of the party to be charged with such a waiver.
27.Headings.The headings contained in this Agreement have been inserted for convenience of
reference only and shall in no way define, limit or affect the scope and intent of this Agreement.
28.Payment of Subcontractors.Consultant agrees that it must pay any subcontractor within 10days
of the Consultant’s receipt of payment from the City for undisputed Services provided by the
subcontractor. Consultant agrees that it must pay interest of 1-1/2 percent per month or any part of a
month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid
balance of less than $100, the Consultant shall pay the actual penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from Consultantmust be awarded
its costs and disbursements, including attorneys’ fees, incurred in bringing the action.
29.Publicity.At the City’s request, the City and Consultant shall develop language to use when
discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the
Services or the subject matter of this Agreement without prior consent from the City. Consultant shallnot
use the City’s logo or state that the City endorses its services without the City’s advanced written
approval.
30.Severability.In the event that any provision of this Agreement shall be illegal or otherwise
unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full
force and effect.
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31.Signatory.Each person executing this Agreement (“Signatory”) represents and warrants that they
are duly authorized to sign on behalf of their respective organization. In the event Consultant did not
authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties
and liability of Consultant, described in this Agreement, personally.
32.Counterparts and Electronic Communication.This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute
one and the same instrument. This Agreement may be transmitted by electronic mail in portable
document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as
original signatures.
33.Recitals.The City and Consultant agree that the Recitals are true and correct and are fully
incorporated into this Agreement.
IN WITNESS WHEREOF,the City and Consultant have caused this Professional Services Agreement to be
executed by their duly authorized representatives in duplicate on the respective dates indicated below.
WSB &ASSOCIATES,INC.CITY OF GOLDEN VALLEY:
By: _________________________________
Morgan Dawley, PE,
Senior Director of Municipal Services
By: _________________________________
Shepard M. Harris, Mayor
By: _________________________________
Timothy J. Cruikshank, City Manager
36
8
EXHIBIT A
SCOPE OF SERVICES
37
38
39
40
EXHIBIT B
LOCATION OF WORK
41
EXHIBIT C
FEE SCHEDULE
42
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 5, 2023
Agenda Item
3E.2. Approve Purchase of Equipment from Total Control Systems, Inc. and Ziegler Cat for the Trunk
Highway 55 Lift Station Relocation Project No. 20-18
Prepared By
RJ Kakach, PE, Assistant City Engineer
Tim Kieffer, Public Works Director
Summary
The City of Golden Valley owns and operates the Trunk Highway 55 (TH 55) Lift Station located at 5000
Olson Memorial Highway, adjacent to Schaper Pond just north of TH 55 and east of TH 100. The lift
station pumps sanitary sewage from the low spot in this area up hill to the west where it discharges
into another City sanitary sewer gravity pipe. The station was built in 1955 and is located in the
floodplain, meaning it is at risk of flooding during large storm events. The lift station has reached the
end of its design life and planned to be relocated out of the floodplain to reduce the risk of sanitary
sewer overflows (SSOs).
As part of the final design for the project, it was determined that equipment delivery delays would
impact the start date of the project if the equipment was purchased upon approval of the low bidder
for the project. Therefore, staff obtained quotes for equipment that have long delivery times - the
control panel and the backup generator.
Two quotes were received for the control panel and are shown below.
Amptek $67,260.00
Total Control Systems $59,353.00
The generator will be purchased from Ziegler Cat through Sourcewell, a cooperative purchasing
agency, and is shown below.
Ziegler Cat $45,750
Once the materials are ordered, staff will put together an updated project schedule with bid opening
and construction occurring in 2024.
43
Financial or Budget Considerations
The cost to purchase the equipment for the TH 55 Lift Station Rehabilitation Project is $105,103.
Funding is included in the 2023 Water and Sanitary Sewer CIP Program (W&SS-083) in the amount of
$1,150,000.
Legal Considerations
The proposed equipment will be purchased using the competitive bid process.
Equity Considerations
The relocation of the Trunk Highway 55 Lift Station satisfies Pillar 3 of the Equity Plan Pillars by
providing unbiased programs and services. Conveyance of wastewater is an essential service that
everyone should have access to regardless of social identity.
Recommended Action
Motion to approve purchase of a control panel from Total Control Systems, Inc. in the amount
of $59,353.00
Motion to approve purchase of a generator from Ziegler Cat in the amount of $45,750.00
Supporting Documents
Hwy 55 Lift Station Proposed Location
Control Panel Quote From Amptek
Control Panel Quote From Total Control Systems, Inc.
Generator Quote From Ziegler Cat
44
#*
MH223
MH179
MH180
MH222
MH239MH238
MH220
MH185
MH181
MH2952
MH2951
MH2953
State Hwy 55
Olson Memorial Hwy
Sc
h
a
p
er R
d
State Hwy 55
Olson Memorial Hwy '' 0 100 20050Feet
Hwy 55 Lift Station
Pr oposed Location
by the City of Golden Valley, 10/15/2021 I
Prop osedLift Station
Sanitary Sewer
!(Manhole
#*Sanitary Pump
?City Gravity
?City Forcemain
?MCES Forcemain
?Lateral
Proposed
45
This proposal and any affiliated attachments contain proprietary and confidential information of Amptek, Inc. (hereinafter “Amptek”) and
shall not be used, disclosed, or reproduced, in whole or in part, for any purpose other than to evaluate this proposal, without the prior
written consent of Amptek.
Date: 7/24/2023
Project Proposal
City of Golden Valley
Highway 55 Lift Station
1.0 Basis of Proposal
Supply per project documents to include the following sections.
• Section 26 60 01 - Measuring and Control Instruments
• Section 26 60 03 - Lift Station Control System
2.0 Scope
Supply and installation of a new service rated NEMA 3R stainless steel lift station control panel as per
bid documents including:
• 200A M.C.B.
• Generator connection cabinet with OC projection
• Automatic transfer switch (Break-Before-Make)
• Main/Generator circuit breaker interlock
• SS panel AC unit with OC protection
• Hammond 400W cabinet heater with fan and stat
• RH/T panel sensor
• 120K rated primary SPD
• Phase lose relay
• 10KVA 480-120V transformer with OC protection
• NEMA Size 1 Starter with OC/OL protection - Mixer
• A-B 10HP PowerFlex VFD’s with OC protection – Pumps
• Runtime meters
• 30MM A-B panel mount pushbuttons, selector switches and LED lamps per bid documents
• 120V control power SPD
• RA 1609-B1000N UPS
• Rockwell CompactLogix PLC
• Backup pump float controller with float switches
• KPSI 750 submersible inferred level transmitter
• C-more CM5 10” TFT HMI
• Cradlepoint Cellular radio and power supply
• Alarm dialer programming
• Lift station PLC programming
• HMI screen development
• Master PLC program modifications
• SCADA screen modifications
46
This proposal and any affiliated attachments contain proprietary and confidential information of Amptek, Inc. (hereinafter “Amptek”) and
shall not be used, disclosed, or reproduced, in whole or in part, for any purpose other than to evaluate this proposal, without the prior
written consent of Amptek.
3.0 Clarifications
Additional proposal clarifications
•Startup services and commissioning are included in this proposal.
•Panel drawings and all equipment O&M’s will be supplied.
•It is our request that this proposal is made part of any contract.
•Accepting our price on this proposal is the same as accepting all the mentioned terms and
conditions of this proposal.
•The work that is covered by this proposal is defined in this proposal.
•Indemnification to any parties for any losses associated with failures of systems on which others
performed a portion of same scope.
•This proposal does not include taxes.
•This proposal does not include bonding, bonding can be included at an additional cost.
4.0 Terms
All payments are due NET30 with no retainage
This proposal pricing is valid for 30 days
5.0 Pricing
Proposal Total:
$67,260.00
Prepared by:
Lance Johnson
Amptek Inc.
LanceJ@amptekcontractors.com
218-750-0422
Accepted by:
______________________________
Shepard M. Harris, Mayor
Date: __________________________
______________________________
Timothy J. Cruikshank, City Manager
Date: __________________________
47
May 10, 2023
To: City of Golden Valley Re: Golden Valley, Minnesota – Hwy. 55 Lift Station.
________________________________________________________________
Total Control Systems, Inc. (TCS) proposes to furnish equipment and services in accordance with the project plans
and specifications that were received.
Section 26 60 01 Measuring and Control Instruments
Section 26 60 03 Lift Station Control System
Sections as listed
Duplex 480v 3ph 10 hp
Including: Main Breaker and enclosure 200amp SE rated
Lift station control panel
NEMA 3R 3 door stainless steel enclosure 48H 90W 16D minimum
Enclosure 18” legs and skirts with louvers SS
Main breaker /Manual Transfer sw. 100 amp (Suitable SE rating)
Main/Gen CB Interlock
Automatic Transfer Switch 100amp ABB Open transition
Generator Connection Cabinet
Inner doors
Incoming power terminal block
Power TVSS 120K
Transformer 10KVA 480/240:120
Transformer CB
Mixer starter NEMA 1 SSOL
Mixer CB
Pump circuit breakers
Pump Starters, VFD, Allen Bradley or ABB 10hp
Control circuit breakers as shown on E4
Hand-Off-Auto switches, oil tight, 30 mm
Pushbutton switches, oil tight 30mm
Lamps, LED, oil tight, 30mm (Call, Run,Fail,OVT,Seal,Hi/Lo)
Power/Phase monitor
Condensation heater/fans, 400 watts
Control power surge arrestor
Allen-Bradley CompactLogix equipment
Backup float controller
Operator interface Cmore 10” color Ethernet
Relays
GFI receptacle rated at 20 amps.
Control power TVSS
Temp/Humidity panel sensor
Air Conditioner Stainless steel
Air Conditioner circuit breaker
Cradlepoint Cellular radio
Uninterruptible power supply (UPS) 850va
Radio power supply
Elapsed time meters (4)
Floats suspended type (2)
Submersible transmitter KPSI750
Door switches (security)
Total Control Systems, Inc
38841 Nyman Drive NE
PO Box 40
Stanchfield, MN 55080-0040
Phone 320-396-4442 / Fax 320-396-
4443
48
Spare Parts per spec.
Master PLC program modifications
SCADA screen additions
Reports
Master alarm dialer programming
Station PLC/HMI Programming, training
Testing and commissioning
Documentation
Price for the Hwy 55 SLS panel package: $ 59,353.00 total labor and materials excluding tax.
Does not include:
Sales Tax (Exempt with certificate)
Seal fail modules (by pump supplier)
Hand holes
CT cabinet if needed
Meter sockets/Cold sequence disconnects
Grounding materials
Site Lighting
Underground warning tape
Installation of panel
Conduit
Permits
Antenna Poles
Demolition
Any wire external to panel
Generator
-We acknowledge receipt of Addendum No.
-Terms are Net 30 days from invoice date. No retainage allowed. A 1.5%
charge per month added to any past due balance. Price may be dependent
on past credit history.
-This quote/proposal valid for 60 days.
-Work to commence after receipt of an acceptable written purchase order
acknowledging acceptance of our terms. Terms upon request.
-F.O.B. job-site.
-Start-up service/training, documentation and equipment adjustment
is included as specified.
-TCSI does not accept any liquidated damages.
-ALL PANELS FURNISHED BY TCS WILL HAVE A UL 508 SERIALIZED OR
UL698A ENCLOSED INDUSTRIAL CONTROL PANEL RELATING TO
HAZARDOUS LOCATIONS WITH INTRINSICALLY SAFE CIRCUIT
EXTENSIONS LABEL, AS REQUIRED.
Sincerely,
TOTAL CONTROL SYSTEMS, INC.
Al Doberstein
AD/kd Submittals 4-6 weeks after receipt of acceptable purchase
order. Equipment 10-16 weeks after engineer’s approval.
Accepted By:
___________________________ Date __________
Shepard M. Harris, Mayor
___________________________ Date __________
Timothy J. Cruikshank, City Manager
49
ver. 1.20.2023 EPG PROPOSAL/PURCHASE AGREEMENT 1
DATE: 8050 Cty Rd 101, Shakopee, MN 55379
Salesperson:
PROPOSAL NO. Telephone:
Email:
Purchaser: RE: Project Location: Address:City, State, Zip:
Address:City, State, Zip:
Phone:
Contact Name:
WE PROPOSE TO FURNISH IN ACCORDANCE WITH THE FOLLOWING SPECIFICATIONS AND TERMS.
EQUIPMENT: Quantity: Model: Rating: Voltage: Circuit Breaker:
PRODUCT WARRANTY (copy included):
SERVICES (the “Services”):
Commissioning: by Ziegler by Other Installation: by Ziegler by Other Operator Training: by Ziegler (at end of start-up)
SERVICES:
CUSTOM ORDER:TOTAL PRICE PACKAGE: $ *
*Price does not include state or local sales and/or use tax. PRICING VALID FOR 30 DAYS.
EST. LEAD TIME AFTER RELEASE: DELIVERY LOCATION:
SHIPMENT: by Ziegler by Customer UNLOADING: by Ziegler by Customer
PAYMENT TERMS: Net 20
UPON SIGNING THIS PROPOSAL, AND ACCEPTANCE BY ZIEGLER INC., THIS PROPOSAL BECOMES A BINDING AGREEMENT
SUBJECT TO THE ATTACHED TERMS. Cancellation of this order by Purchaser is subject to cancellation fees - see Terms. ACCEPTED:
Email:
OTHER EQUIPMENT:
Respectfully submitted,
ZIEGLER INC. (“Seller”)
By: ___________________________________________
Sales Engineer __Tyler Hanson_____________________
Subject to approval by ZIEGLER INC. APPROVED:
By: ___________________________________________
Date:
By: _____________________________________________ _____________________
Purchaser
Print Name: Shepard M. Harris
Title: Mayor
Date:
50
By: _____________________________________________ _____________________
Purchaser
Print Name: Timothy J. Cruikshank
Title: City Manager
Date:
51
ver. 11.16.2022 EPG PROPOSAL/PURCHASE AGREEMENT 3
BILL OF MATERIAL
EQUIPMENT AND SERVICES NOT EXPRESSLY LISTED ARE EXCLUDED FROM THIS AGREEMENT.
52
ver. 11.16.2022 EPG PROPOSAL/PURCHASE AGREEMENT 4
BILL OF MATERIAL, CONT.
EQUIPMENT AND SERVICES NOT EXPRESSLY LISTED ARE EXCLUDED FROM THIS AGREEMENT.
53
ver. 11.16.2022 EPG PROPOSAL/PURCHASE AGREEMENT 5
TERMS
By purchasing or financing the equipment listed on page 1 (collectively, “Products”), Purchaser hereby agrees to the preceding and
following terms (collectively, “Terms”). Seller rejects any terms submitted by Purchaser not contained herein. Purchaser may issue a
purchase order or similar document for administrative purposes only, and any terms in any such document are rejected, not binding, and
are of no force or effect.
1. ACCEPTANCE. All sales are subject to availability of Products.
The prices quoted are subject to change to those in effect at the
time of shipment. In its sole discretion, Seller may accept or reject
this Agreement and will not be required to give any reason for
rejection. For purposes hereof, “Agreement” means, collectively,
page 1 attached hereto, the Bill of Material, and the Terms.
2. ORDER CANCELLATION. Purchaser may suspend or cancel an
order only upon written approval from Seller, such approval not to
be unreasonably withheld, conditioned, or delayed. If Purchaser
cancels, in whole or in part, Purchaser shall pay Seller the
reasonable costs and expenses (including all commitments to
suppliers and subcontractors) for all direct or indirect expenses
incurred by Seller prior to receiving Purchaser’s cancellation notice.
In addition, a cancellation fee of 15% of the Total Price Package as
identified on the first page shall be paid by Purchaser. For orders
identified as Custom Orders on the first page, Purchaser shall be
responsible for payment of a cancellation fee equal to the Total
Price Package.
3. PERMITS. Purchaser is solely responsible for obtaining any
applicable federal, state or local permits, licenses, franchises,
approvals, authorizations, registrations, certificates, and similar
rights (collectively, “Permits”) necessary for the ownership and
operation of Products, including, but not limited to, fire, air, fuel
tanks or building permits. Seller will not obtain or provide any
Permits, including, but not limited to, air emission permits, for or on
behalf of Purchaser.
4. EXCLUSIONS. Unless otherwise stated on page 1, Purchaser is
solely responsible for: (1) adequate site conditions and security, (2)
off-loading and placement of Products, including, but not limited to,
rigging, crane, or other equipment for removal from delivery truck or
placement on pad, (3) mechanical and electrical installation, (4) arc-
flash study or similar engineering requirements, (5) scheduled
maintenance and fuel costs, including initial fuel fill or fuel testing,
(6) pad or enclosure, (7) removal or disposal of existing equipment,
and (8) any and all other equipment or services not expressly listed
on the Bill of Material attached hereto.
5. SERVICES. Unless otherwise stated on page 1, any Services
shall be performed during normal business hours of Seller, meaning
Monday through Friday, 7:30am to 4:00pm. Additional trips or
delays required or requested due to Purchaser delay or issues with
services or equipment not provided from Seller will be billed at
published field rates.
6. PAYMENT. Purchaser shall pay Seller the compensation
described on page 1, plus expenses as outlined in this Agreement.
Unless specifically stated otherwise in this Agreement, payment
terms are NET 20 from the date of invoice. Unless prohibited by
law, failure to make timely payments shall result in default and a
late fee of 1.5% per month (18% annual), which will be assessed
on all past due amounts until paid in full. Any payments made will
first be applied toward the late fee, then toward the past amount
due. Seller reserves the right to discontinue any or all Services, or
terminate this Agreement in whole or in part, at Seller’s sole
discretion, without notice, upon Purchaser’s failure to pay or comply
with payment requirements. All amounts due under this Agreement
shall be paid in full without any setoff, counterclaim, deduction or
withholding (other than any deduction or withholding of tax as
required by law).
7. CHANGES. Seller shall supply the Products and/or Services
within the scope described in this Agreement. If changes are
needed or additional Products and/or Services are requested by
Purchaser, Seller and Purchaser will discuss the additional
Products and/or Services, and the amount of Seller’s compensation
will be equitably adjusted. A verbal commitment or authorization by
Purchaser to purchase Products and/or perform Services outside of
the initial scope will be binding on Purchaser and will entitle Seller
to additional compensation. Any Product orders and/or Services
performed outside of the original scope at the direction of the
Purchaser will be deemed to be included under this Agreement.
8. TAXES. Purchaser agrees to pay all taxes, assessments,
licenses, and governmental charges of any kind resulting on
account of Purchaser’s purchase, possession, or use of Products
or Services, except as otherwise provided in Section 24.
9. FINANCING. If Purchaser finances Products, Seller’s
acceptance of this Agreement is subject to the approval of Seller’s
or Purchaser’s lender, and Purchaser shall sign any security
agreement and financing statement required by such lender.
10.ADDITIONAL DOCUMENTATION. On Seller’s request,
Purchaser shall, at its sole expense, sign and deliver all such further
documents and instruments, and take all such further acts,
necessary to give full effect to this Agreement or otherwise required
by Seller. If Purchaser fails to sign and deliver such documents or
instruments to Seller, the entire balance for the Products sold and
Services performed under this Agreement will, upon Seller’s tender
of performance and at Seller’s option, become immediately due and
payable.
11.SECURITY INTEREST. To secure Purchaser’s prompt and
complete payment of any present and future indebtedness of
Purchaser to Seller under this Agreement, or any document or
instrument signed in connection with this Agreement, Purchaser
hereby grants Seller a security interest in Products, wherever
located, whether now existing or hereafter arising from time to time,
and all accessions thereto and replacements or modifications
thereof, as well as all proceeds (including insurance proceeds) of
the foregoing. Purchaser acknowledges that the security interest
granted under this Section 11 is a purchase-money security interest
under applicable law. Seller may file a financing statement to perfect
the security interest, and Purchaser shall sign any statements or
other documents necessary to perfect Seller’s security interest.
Purchaser also authorizes Seller to sign, on Purchaser’s behalf,
statements or other documentation necessary to perfect Seller’s
security interest. Seller may exercise all rights and remedies of a
secured party under applicable law.
12.TITLE AND RISK OF LOSS; DELIVERY. Title and risk of loss
to Products passes to Purchaser upon Delivery. “Delivery” occurs
upon Seller’s delivery of the Products to the carrier.
13.SHIPMENT. Unless otherwise specified on page 1, Products
will be shipped to Purchaser’s address set forth on page 1 via
carriers selected by Seller. Seller shall not be liable for any delays,
loss or damage in transit.
14.INDEMNIFICATION. Purchaser shall indemnify Seller, and
their respective officers, directors, partners, members,
shareholders, employees, agents, affiliates, subsidiaries,
successsors, and permitted assigns, against any losses, liabilities,
damages, costs or expenses (including reasonable attorneys’ fees)
for death, personal injury, or damage to property to the
proportionate extent the same have been proximately caused by
the negligence or willful misconduct of, or breach of this Agreement
by, Purchaser or its officers, directors, employees, or agents.
Subject to the limitations set forth in thie Agreement, Seller will
indemnify Purchaser and its respective officers, directors,
employees, agents, assigns and successors, against any losses,
liabilities, damages, costs or expenses (including reasonable
attorneys’ fees) for death, personal injury, or damage to property to
the proportionate extent the same have been proximately caused
by the negligence or willful misconduct of, or breach of this
Agreement by, Seller or its officers, directors, employees, or agents,
in the performance and furnishing of the Services.
54
ver. 11.16.2022 EPG PROPOSAL/PURCHASE AGREEMENT 6
15. INSURANCE. Upon Delivery, and at all times thereafter while
there is any balance due under this Agreement, Purchaser shall, at
its own expense, have and keep Products insured against loss by
fire, theft, collision, vandalism, and any other hazard as Seller may
require by an insurance company acceptable to Seller and in an
amount no less than the balance due under or in connection with
this Agreement. On Seller’s request, Purchaser shall provide Seller
with a Certificate of Insurance from Purchaser’s insurer evidencing
the coverages specified in this Section 15. Purchaser shall provide
Seller with 10 business days’ advance notice in the event of
cancellation or a material change in any of its policies. Seller will
maintain in full force and effect throughout the term of this
Agreement the following forms of insurance: (a) worker's
compensation and occupational disease insurance within statutory
limits; (b) commercial general liability insurance, including products
and completed operations, contractual liability, and personal injury,
written on an occurrence basis, with limits not less than a combined
single limit per occurrence of $1,000,000 and $2,000,000 general
aggregate for bodily injury and property damage; $1,000,000
aggregate for products/completed operations; and $1,000,000 per
person for personal injury/advertising injury; (c) automobile liability
insurance for vehicles owned or operated by Seller, its employees
or agents, with combined bodily injury and property damage limits
of liability of no less than $1,000,000 per occurrence; and (d) excess
liability insurance over that required in items (a), (b) and (c) above,
under the umbrella form, with a limit of liability of no less than
$1,000,000 each occurrence. Upon written request, Seller will
provide to Purchaser a Certificate of Insurance evidencing Seller's
compliance with such insurance requirements. All such policies will
be maintained in full force and effect during the term of this
Agreement, and will not be permitted to lapse, or be canceled,
altered or amended without prior written notice having been
furnished to Purchaser.
16. BILL AND HOLD. If Purchaser requests to be billed prior to
Delivery, in its sole determination, notwithstanding any provisions
to the contrary herein, Purchaser assumes all risk of ownership and
liability for Products as of the date of the invoice, including insuring
Products in accordance with Section 15. Purchaser shall indemnify,
hold harmless, and defend Seller and its parent, officers, directors,
partners, members, shareholders, employees, agents, affiliates,
successors, and permitted assigns against any loss or damage to
Products between the invoice date and the date and time of
Delivery. In this instance, Purchaser acknowledges, other than
Delivery, the transaction with respect to Products is complete, and
there are no outstanding obligations preventing Delivery.
17. DAMAGES; MAXIMUM LIABILITY. IN NO EVENT WILL
SELLER BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, ENCHANCED, INDIRECT, OR
PUNITIVE DAMAGES, LOST PROFITS OR REVENUES, OR
DIMINUTION OF VALUE, ARISING OUT OF OR RELATING TO
THIS AGREEMENT OR PRODUCTS OR SERVICES,
REGARDLESS OF: (A) WHETHER THE DAMAGES WERE
FORESEEABLE; (B) WHETHER OR NOT SELLER WAS
ADVISED OF THE POSSIBILITY OF DAMAGES; AND (C) THE
LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR
OTHERWISE) ON WHICH THE CLAIM IS BASED. IN NO EVENT
SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR
RELATED TO THIS AGREEMENT OR PRODUCTS OR
SERVICES, WHETHER ARISING OUT OF OR RELATED TO
BREACH OF CONTRACT, TORT, OR OTHERWISE, EXCEED
$500,000 OR THE TOTAL OF THE AMOUNTS PAID TO SELLER
UNDER THIS AGREEMENT, WHICHEVER IS LESS. THE
FOREGOING LIMITATIONS APPLY EVEN IF PURCHASER’S
REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL
PURPOSE.
18. LIMITED WARRANTY. New Products are subject to a limited
warranty (“Limited Warranty”) as provided by the manufacturer,
which will either be included in a written warranty statement with the
Product or the manufacturer’s standard limited warranty in force
when the Product is delivered to Purchaser. A Limited Warranty
extends only to parts or attachments sold by manufacturer, and
Purchaser’s failure to follow warranty conditions may result in
voiding the Limited Warranty. Neither manufacturer nor Seller will
be responsible for any other warranty. All used Products are sold
“as is with all faults,” and no warranty. Services performed by Seller
are subject to Seller’s Service Department Labor Warranty, as it
exists from time to time, and available upon request.
19. WARRANTY LIMITATIONS. Notwithstanding the provisions of
Section 18, a Limited Warranty does not apply where Products: (a)
are subjected to abuse, misuse, neglect, negligence, accident,
improper testing, improper installation, improper handling,
abnormal physical stress, abnormal environmental conditions, or
use contrary to any instructions issued by Seller or manufacturer;
(b) have been reconstructed, repaired, or altered by any persons
other than Seller or its authorized representative; or (c) have been
used with any third-party product, hardware, or product that has not
been previously approved in writing by Seller. Notwithstanding
anything in this Agreement to the contrary, Seller’s liability under
any Limited Warranty is discharged, in Seller’s sole discretion and
at its expense, by repairing or replacing any defective Products, or
crediting or refunding the price of any defective Products, less any
applicable discounts, rebates, or credits.
20. WARRANTY DISCLAIMER. EXCEPT FOR THE LIMITED
WARRANTY AND SELLER’S SERVICE DEPARTMENT LABOR
WARRANTY SET FORTH IN SECTION 18, NEITHER SELLER
NOR ANY PERSON ON SELLER’S BEHALF HAS MADE OR
MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR
WARRANTY, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, AND ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, WHETHER ARISING BY LAW, COURSE OF DEALING,
COURSE OF PERFORMANCE, USAGE OF TRADE, OR
OTHERWISE, ARE EXPRESSLY DISCLAIMED. PURCHASER
ACKNOWLEDGES IT HAS NOT RELIED ON ANY
REPRESENTATION OR WARRANTY MADE BY SELLER, OR
ANY OTHER PERSON ON SELLER’S BEHALF.
21. DATA AND PRIVACY. Seller and its partners, affiliates,
subsidiaries, and third parties, including, but not limited to,
manufacturers, dealers, and service providers (collectively, “Seller
Parties”), collect and share information relating to products,
services, and customers as detailed in Seller’s Privacy Statement
located at www.zieglercat.com/privacy as well as applicable
manufacturers’ statements, which are hereby incorporated into this
Agreement by this reference. Manufacturers’ statements may be
updated at any time without notice. Products equipped with
telematics or other tools, applications, or devices to assess
information, such as machine locations, operating hours, health of
equipment, and basic utilization (collectively, “Telematics”), whether
manufactured by Caterpillar or by other companies, collect and
transmit information to Seller Parties with a legitimate business
reason to access the information, including, but not limited to,
providing services and support, developing new products and
services, personalizing user experiences, improving products, or
compliance with legal obligations. Purchaser understands that
Telematics may have been activated on Products by Seller or the
manufacturer, and may be subject to or required by specific
manufacturer user agreements available to Purchaser upon
request. Purchaser consents to the collection, use, storage,
processing, sharing, and disclosure of such information by Seller
Parties in accordance with this Agreement, Seller’s Privacy
Statement, and applicable manufacturers’ statements.
22. INTELLECTUAL PROPERTY. All intellectual property rights in
the Products, including patents, trademarks, internet domain
names, works of authorship, expressions, designs, and design
55
ver. 11.16.2022 EPG PROPOSAL/PURCHASE AGREEMENT 7
registrations, whether are not copyrightable, trade secrets, and all
other intellectual property rights related to or associated with
Products (collectively, “Intellectual Property”) are the sole and
exclusive property of manufacturer. Purchaser will not acquire any
ownership interest in any Intellectual Property under this
Agreement. If Purchaser acquires any Intellectual Property rights in
or relating to any Products by operation of law or otherwise, these
rights are deemed and are hereby irrevocably assigned to
manufacturer or its licensors, as the case may be, without further
action by either party.
23. CONFIDENTIALITY. Purchaser shall not disclose or otherwise
make available to any other person or entity, or use other than in
connection with performance of this Agreement, the contents of this
Agreement or any other documents, data or information previously
delivered or to be delivered to the other party in connection
herewith, except as such disclosure may be required by
governmental or regulatory authorities. Information may be divulged
to other parties upon prior written consent from Seller.
24. INDEPENDENT CONTRACTOR. The parties agree that
Purchaser and Seller will be independent contractors, and neither
Seller nor its employees will be considered employees of
Purchaser. It is understood and agreed that nothing herein is
intended nor shall be construed to create an employer/employee,
partnership, or joint venture relationship between Purchaser and
Seller. Purchaser will not deduct from any payment to Seller
hereunder any income tax, FICA payments, or any other expenses,
unless required by law. Payment of federal income tax, FICA
payments and state income taxes relating to Seller’s employees or
its income are the responsibility of Seller. Purchaser agrees and
acknowledges that neither it nor any of its employees, agents or
representatives has any right or authorization, express or implied,
to act for Seller or incur, assume or create any obligation,
responsibility, or liability on behalf of Seller or make any
representations or warranties concerning Seller, Products, or
Services in the name of or on behalf of Seller or bind Seller in any
manner whatsoever.
25. ENTIRE AGREEMENT; AMENDMENT. Purchaser may not
revoke its purchase of Products. An order will not be binding upon
Seller until it is accepted in writing by an authorized representative
of Seller. This Agreement constitutes the entire agreement of the
parties with respect to the subject matter hereof and supersedes all
prior and contemporaneous understandings, agreements,
representations, and warranties, written and oral, regarding such
subject matter. No modification of this Agreement is effective unless
it is in writing and signed by each party.
26. FORCE MAJEURE. Seller will not be liable to Purchaser, and
will not be deemed to have breached this Agreement, for any failure
or delay in performing any term of this Agreement, to the extent the
failure or delay is caused by or results from acts beyond Seller’s
control, including acts of God, flood, fire, earthquake, explosion,
war, invasion, hostilities, terrorist threats or acts, cyber-attacks, riot
or other civil unrest, requirements of law, embargoes or blockades,
actions by any governmental authority, national or regional
emergencies, epidemics or pandemics, labor stoppages or
slowdowns or other industrial disturbances, delays in manufacture,
supply shortages, or shortages of adequate power or transportation
facilities (collectively, “Force Majeure Events”). Any Force Majeure
Event that has an adverse effect on Seller’s ability to perform will
absolve Seller from any liability to Purchaser.
27. ASSIGNMENT. This Agreement shall not be assignable by
either party without the prior written consent of the other party,
provided that Seller may use subcontractors to perform portions of
the Services at Seller’s sole discretion. Except as otherwise
provided, this Agreement shall be binding upon and inure to the
benefit of the parties’ successors and lawful assigns.
28. NOTICES. Any notice required or permitted to be given under
this Agreement shall be in writing and shall be hand-delivered or
sent by registered or certified first-class mail, postage prepaid, or
commercial overnight delivery service to the address listed above
for the party to whom notice is to be given, and shall be effective
upon delivery if hand-delivered, three (3) days after mailing, if
mailed, or one (1) day after delivery to a commercial overnight
delivery service.
29. WAIVER. No waiver of any provisions of this Agreement will be
deemed a waiver of any other provisions, nor will any waiver
constitute a continuing waiver. No waiver will be binding unless
executed in writing by the party making the waiver.
30. SEVERABILITY. If any provision of this Agreement is held by
a court of competent jurisdiction to be invalid, void, or
unenforceable, the remainder of this Agreement shall remain in full
force and effect and will in no way be affected, impaired or
invalidated.
31. DISPUTES. Purchaser shall pay Seller’s legal fees, court
costs, and any other costs of recovery incurred in enforcing the
terms of this Agreement. This Agreement is governed by and to be
construed in accordance with the laws of the State of Minnesota,
without regard to its principles of conflicts of law. If legal action is
brought to enforce this Agreement, the Federal District Court of
Minnesota (4th Division) or Hennepin County District Court (4th
Judicial District) will be the exclusive jurisdiction and venue for said
action unless Seller, in its sole discretion, commences proceedings
in a different jurisdiction or venue.
32. UCC. All terms used but not defined in this Agreement that are
defined in the Minnesota Uniform Commercial Code, as amended
from time to time (the “UCC”), have the meanings set forth in the
UCC, and such meanings will automatically change at the time any
amendment to the UCC, which changes such meanings, becomes
effective.
33. COUNTERPARTS. This Agreement may be separately signed
by Seller and Purchaser in any number of counterparts, each of
which, when signed and delivered, will be deemed to be an original,
and all of which will constitute the same Agreement.
34. ELECTRONIC SIGNATURES. Purchaser agrees that the
Electronic Signatures (whether digital or encrypted) included in this
Agreement are intended to authenticate this writing and have the
same effect as manual signatures. “Electronic Signature” means
any electronic sound, symbol, or process attached to or logically
associated with a record and executed and adopted by a person
with the intent to sign the record, including facsimile or email
electronic records, in accordance with the Uniform Electronic
Transactions Act, Minnesota Statutes 325L.01–325L.19, as
amended from time to time. A signed copy of this Agreement
delivered by facsimile, email, or other means of electronic
transmission is deemed to have the same legal effect as delivery of
an original signed copy of this Agreement.
56
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 5, 2023
Agenda Item
3E.3. Approve Trail Easement Agreement with Hennepin County and Hopkins School District at 5430
Glenwood Avenue
Prepared By
RJ Kakach, PE, Assistant City Engineer
Summary
In 2022, Hopkins School District proposed to expand the existing Planned Unit Development (PUD)
consisting of Meadowbrook Elementary and the Davis Community Center to include 5300 Glenwood
and fully incorporate it into the campus. In addition to 5300 Glenwood, the expansion of the PUD
would also include land along Highway 100, along Glenwood Avenue, and near the exit ramp from
Highway 100 onto Glenwood. This excess right-of-way is not needed by MnDOT, Hennepin County, or
the City and would help to ensure all school uses (such as the running track) are located on school
grounds. The City supports transferring responsibility for some existing infrastructure to the school as
part of this arrangement.
As part of this project, the parking lot at 5300 has been improved to provide a more direct circulation
pattern and better capture and treat stormwater runoff. New lighting and landscaping around the
parking lot were also provided. The existing narrow drive that connects the two properties has been
widened and improved to create a direct route for queueing vehicles. The northeast corner of the
existing east Meadowbrook lot has also been expanded slightly in order to recapture some of the
parking stalls lost during this realignment.
The incorporation of 5300 Glenwood would provide space for school district special education and
virtual learning programs.
The project will also involve a replat of the whole site, however some of the existing trail along
Glenwood Avenue will not be included in the new plat boundaries, specifically the trail will enter
private property in two locations. Therefore, a trail easement agreement is required for the City's trail
to be on Meadowbrook property. The City worked with Hennepin County and Meadowbrook to draft
the trail easement agreement which will ultimately run in favor of the County, but the City will be
responsible for maintenance of the trail.
The trail easement will be recorded by the County upon approval.
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Financial or Budget Considerations
N/A
Legal Considerations
The trail easement agreement has been reviewed by the City Attorney.
Equity Considerations
The public use trail provides access for all multimodal users of Glenwood Avenue.
Recommended Action
Motion to Approve Trail Easement Agreement with Hennepin County and Hopkins School District at
5430 Glenwood Avenue.
Supporting Documents
Trail Easement Agreement at 5430 Glenwood Avenue
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TRAIL EASEMENT AGREEMENT
THIS TRAIL EASEMENT AGREEMENT (this “Agreement”) is made as of Sepember
5, 2023 by and among INDEPENDENT SCHOOL DISTRICT NO. 270, a body corporate and
politic under the laws of the State of Minnesota (“Grantor”), the COUNTY OF HENNEPIN, a
Minnesota political subdivision (“Grantee”), and the CITY OF GOLDEN VALLEY,
MINNESOTA, a Minnesota municipal corporation (“City”).
RECITALS:
A. Grantor is the fee owner of certain real property located in Golden Valley,
Hennepin County, Minnesota, legally described on Exhibit A attached hereto and incorporated
herein (the “Property”).
B. Grantor desires to grant to Grantee an easement for use of public trails located on
portions of the Property pursuant to the terms and conditions of this Agreement.
NOW, THEREFORE, Grantor and Grantee hereby agree to the following:
1. Grant of Trail Easement. Grantor hereby grants to Grantee a non-exclusive,
perpetual easement (the “Trail Easement”) over, upon and across those portions of the Property
which are legally described on Exhibit B-1 and depicted on Exhibit B-2 attached to this
Agreement (the “Easement Areas”). The Trail Easement shall permanently run with the title to
the Property and shall be binding upon Grantor, its successors and assigns.
2. Use of the Trail Easement. The Trail Easement shall be used by the public solely
as a pedestrian and bicycle trail (the “Trail”) within the Easement Areas. Within the Easement
Areas, Grantee shall have the right to, at its sole cost and expense, (a) remove all structures,
trees, shrubs, grass and herbage and other obstructions interfering with the use of the Trail, and
(b) prevent the location in the Easement Areas of buildings, trees, fences and other structures
inconsistent with the use and location of the Trail.
3. Maintenance, Repair and Replacement. Grantor hereby grants to the City, and its
agents, contractors and employees, a non-exclusive license to access the Easement Areas for the
purpose of maintaining the Trail portion of the Easement Areas in good order, condition, and
repair, including without limitation, periodic removal of debris, refuse, ice and snow. The City
agrees to maintain the Trail portion of the Easement Areas in good and operable condition and to
perform any such maintenance at its sole cost and expense, including, but not limited to, any
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repair, restoration or other maintenance required as a result of damage caused by any party
exercising rights related to the plat-dedicated drainage and utility easement that is located within
the Easement Areas. The parties agree that neither the Grantor nor the Grantee shall have any
obligations or liability related to the maintenance of the Trail portion of the Easement Areas.
4. Reservation of Rights. Grantor has retained the right to the undisturbed use and
occupancy of the Easement Areas insofar as such use and occupancy is consistent with and does
not impair any grant herein contained and except as herein otherwise provided.
5. Indemnity and Release. Subject to the limitations of Minnesota Statutes Chapter
466, as may be supplemented or amended from time to time:
5.1. Grantee will indemnify, defend and hold harmless Grantor against all claims,
causes of action, losses or liabilities arising from or relating to Grantee or its agents,
employees or contractors entrance upon the Property or exercise of Easement rights,
except to the extent caused by the negligence or willful misconduct of Grantor.
5.2. The City will indemnify, defend and hold harmless Grantor against all
claims, causes of action, losses or liabilities arising from or relating to the City or its
agents, employees or contractors entrance upon the Property or performance of any
maintenance obligations, except to the extent caused by the negligence or willful
misconduct of Grantor.
6. Not a Public Dedication. Except for the rights specifically granted in this
Agreement, nothing in this agreement shall be deemed to be a gift or dedication of any portion of
the Property to the general public.
7. Miscellaneous. This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original but all of which together shall constitute one and the
same instrument. This Agreement shall be construed and governed by the laws of the State of
Minnesota.
[Remainder of Page Intentionally Left Blank]
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IN AGREEMENT, Grantor, Grantee, and the City have executed this Agreement as of
the date and year first above written.
GRANTOR:
INDEPENDENT SCHOOL DISTRICT NO. 270,
a body corporate and politic under the laws of the
State of Minnesota
By: __________________________________
Name: _______________________________
Its: Chair of the Board of Education
By: __________________________________
Name: _______________________________
Its: Clerk of the Board of Education
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing Trail Easement Agreement was acknowledged before me this ____ day of
____________, 2023, by , the Chair of the Board of Education of
Independent School District No. 270, a body corporate and politic under the laws of the State of
Minnesota, on behalf of the school district.
____________________________________
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing Trail Easement Agreement was acknowledged before me this ____ day of
____________, 2023, by , the Clerk of the Board of Education of
Independent School District No. 270, a body corporate and politic under the laws of the State of
Minnesota, on behalf of the school district.
____________________________________
Notary Public
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GRANTEE:
COUNTY OF HENNEPIN,
a Minnesota political subdivision
By: __________________________________
Name: Irene Fernando
Its: Chair of the Board of Commissioners
By:_____________________________
Name: Maria Rose
Its: Clerk of the Board of Commissioners
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing Trail Easement Agreement was acknowledged before me this ____ day of
____________, 2023, by Irene Fernando, the Chair of the Board of Commissioners of the
County of Hennepin, a Minnesota political subdivision, on behalf of the county.
____________________________________
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing Trail Easement Agreement was acknowledged before me this ____ day of
____________, 2023, by Maria Rose, the Clerk of the Board of Commissioners of the County of
Hennepin, a Minnesota political subdivision, on behalf of the county.
____________________________________
Notary Public
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CITY:
CITY OF GOLDEN VALLEY, MINNESOTA,
a Minnesota municipal corporation
By: __________________________________
Name: _______________________________
Its: _________________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing Trail Easement Agreement was acknowledged before me this ____ day of
____________, 2023, by ___________, the ____________________ of the City of Golden
Valley, Minnesota, a Minnesota municipal corporation, on behalf of the corporation.
____________________________________
Notary Public
THIS INSTRUMENT DRAFTED BY:
DORSEY & WHITNEY LLP (AJK)
50 South Sixth Street, Suite 1500
Minneapolis, MN 55402
(612) 340-2600
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EXHIBIT A
Legal Description of Property
Lot 1, Block 1, Meadowbrook School 4th Addition P.U.D. No. 90, according to the plat thereof
recorded ____________, 2023 as Document No. __________ in the Office of the Registrar of
Titles, Hennepin County, Minnesota.
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EXHIBIT B-1
Legal Description of Easement Areas
Trail Easement Area #1:
An easement for trail purposes over and across that part of Lot 1, Block 1, Meadowbrook School
4th Addition PUD No. 90, Hennepin County, Minnesota described as follows:
COMMENCING at the most westerly corner of said Lot 1; thence on an assumed bearing of
South 26 degrees 37 minutes 22 seconds East along a southwesterly line of said Lot 1 a distance
of 59.86 feet; thence North 84 degrees 56 minutes 27 seconds East along a southerly line of said
Lot 1 a distance of 83.44 feet; thence South 61 degrees 46 minutes 47 seconds East along a
southerly line of said Lot 1 a distance of 3.26 feet to the POINT OF BEGINNING of the
easement to be described; thence South 88 degrees 58 minutes 30 seconds East a distance of
30.18 feet; thence southeasterly 109.60 feet along a tangential curve concave to the southwest
having a radius of 333.47 feet and a central angle of 18 degrees 49 minutes 52 seconds to a
southerly line of said Lot 1; thence North 89 degrees 40 minutes 18 seconds West along a
southerly line of said Lot 1 a distance of 64.28 feet; thence South 89 degrees 56 minutes 11
seconds West along a southerly line of said Lot 1 a distance of 35.96 feet; thence North 61
degrees 46 minutes 47 seconds West along a southerly line of said Lot 1 a distance of 42.26 feet
to the POINT OF BEGINNING.
Containing 1,584 square feet being 0.04 acres, more or less.
Trail Easement Area #2:
An easement for trail purposes over and across that part of Lot 1, Block 1, Meadowbrook School
4th Addition PUD No. 90, Hennepin County, Minnesota described as follows:
COMMENCING at the most westerly corner of said Lot 1; thence on an assumed bearing of
South 26 degrees 37 minutes 22 seconds East along a southwesterly line of said Lot 1 a distance
of 59.86 feet; thence North 84 degrees 56 minutes 27 seconds East along a southerly line of said
Lot 1 a distance of 83.44 feet; thence South 61 degrees 46 minutes 47 seconds East along a
southerly line of said Lot 1 a distance of 45.52 feet; thence North 89 degrees 56 minutes 11
seconds East along a southerly line of said Lot 1 a distance of 35.96 feet; thence South 89
degrees 40 minutes 18 seconds East along a southerly line of said Lot 1 a distance of 83.97 feet;
thence North 00 degrees 19 minutes 42 seconds East along an easterly line of said Lot 1 a
distance of 6.37 feet; thence South 89 degrees 40 minutes 18 seconds East along a southerly line
of said Lot 1 a distance of 45.39 feet; thence South 00 degrees 00 minutes 53 seconds West
along a westerly line of said Lot 1 a distance of 31.51 feet to the POINT OF BEGINNING of the
trail easement to be described; thence South 74 degrees 14 minutes 27 seconds East along a
southerly line of said Lot 1 a distance of 146.29 feet; thence North 41 degrees 04 minutes 44
seconds West a distance of 11.76 feet; thence westerly 149.81 feet along a tangential curve
concave to the south having a radius of 166.68 feet and a central angle of 51 degrees 29 minutes
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54 seconds to a west line of said Lot 1; thence South 00 degrees 00 minutes 53 seconds West
along said west line a distance of 26.12 feet to the POINT OF BEGINNING.
Containing 3,822 square feet being 0.09 acres, more or less.
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EXHIBIT B-2
Depiction of the Easement Areas
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EXECUTIVE SUMMARY
Parks & Recreation
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 5, 2023
Agenda Item
3E.4. Approve Contract for Local Improvement With DJ Electric Services, Inc. for Scheid Park Tennis
Court Light Replacement
Prepared By
Sheila VanSloun, Parks & Recreation Administrative Assistant
Rick Birno, Parks & Recreation Director
Summary
A request for proposal quotes was advertised on May 29, 2023 for tennis court lights at Scheid Park.
Improvements include the replacement of four court light poles with four LED fixtures and all new
timing technology. Three quotes were submitted on June 9, 2023. Staff reviewed all three quote
proposals. DJ Electric Services, Inc submitted the low quote and is the recommended contractor.
Quote totals are listed below:
DJ Electric Services, Inc - $52,439.00
Killmer Electric Company, LLC - $55,760.00
Shinetoo Lighting USA, LLC - $57,569.00
Financial or Budget Considerations
$140,000 has been budgeted in the 2023 Golden Valley Parks CIP budget P-037 for Park Lighting
Replacements and Upgrades.
Legal Considerations
The Contract for Local Improvement has been reviewed and approved by the City Attorney.
Equity Considerations
Providing unbiased programs and services through infrastructure that supports and advances diversity,
equity, and inclusion in all Golden Valley parks.
Recommended Action
Motion to approve Contract for Local Improvement with DJ Electric Services, Inc. for Scheid Park
Tennis Court Light Replacement.
Supporting Documents
2023 DJ Electric Contract for Local Improvement Scheid Tennis Lights - FINAL.pdf
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CONTRACT FOR LOCAL IMPROVEMENT THIS AGREEMENT is made this 5th day of September, 2023 (the “Effective Date”) by and between DJ Electric services, Inc., a Minnesota company located at PO Box 505, Starbuck, MN 56381 (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”):
RECITALS A. Contractor is engaged in the business of outdoor park lighting. B. The City desires to hire Contractor to install tennis court lights at Scheid Park. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows:
AGREEMENT
1. The Work. Contractor shall perform the work more fully described in the attached Exhibit A (the “Work”). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the specifications and layout set forth in the attached Exhibit B. Contractor shall at all times keep the premises free from accumulation of waste materials and debris caused by Contractor’s operations. 2. Time for Completion. Contractor shall commence Work not later than September 18, 2023. Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the City’s project manager on or before November 17, 2023 (the “Contract Time”). Contractor shall to notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time.
3. Consideration. The consideration, which the City shall pay to Contractor, shall not exceed $52,439.00. The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit invoice once project is completed and approved by the City’s project manager. The City shall pay Contractor within thirty (30) days after receiving an invoice from Contractor. 4. Extra Work. Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered
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plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 5. Contract Documents. The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority:
a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary drawings, plans, specifications d. Other documents listed in this Agreement
Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 6. Expense Reimbursement. Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 7. Approvals. Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 8. Protection of Persons and Property. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to:
a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and
c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities.
Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them.
9. Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done to the satisfaction and approval of the City at the Contractor’s sole cost and expense. Contractor shall replace at Contractor’s expense any loss or damage to the Work, however caused, which occurs during the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility for the construction and delivery of Work. Acceptance of the completed Work shall be evidenced only by a Certificate of Final Completion issued by the City, which shall state the date on which the City accepts the completed Work (the “Final Completion Date”).
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10. Warranty. Contractor represents and warrants that it has the requisite training, skills, and experience necessary to complete the Work, is appropriately licensed by all applicable agencies and governmental entities, and will complete the Work in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar work. Contractor further represents and warrants to the City that the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or equipment not conforming to these requirements may be considered defective. Contractor shall promptly correct any defective Work. Costs of correcting such defective Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for any additional services and expenses made necessary thereby, shall be at Contractor’s expense. Contractor’s warranty shall exclude remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. 11. Guarantee. Contractor guarantees and agrees to maintain the stability of the Work and materials furnished and installed under this contract for a period of one year after the Final Completion Date (the “Guarantee Period”). Contractor agrees to perform fully all other guarantees as set forth in the specifications. If any of the Work is found to be not in accordance with the requirements of the Contract during the Guarantee Period, Contractor shall correct it promptly after receipt of notice from the City to do so. The City shall give such notice promptly after discovery of the condition. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct the Work at Contractor’s expense. The Guarantee Period shall be extended with respect to portions of Work first performed after the Final Completion Date by the period of time between final payment and the actual completion of that portion of the Work. The one-year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to this Section. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with respect to Contractor’s obligations other than specifically to correct the Work. 12. Termination. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’s failure to have in force any insurance required by this Agreement.
In the event of a termination, the City shall pay Contractor for Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination.
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13. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 14. Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 15. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 16. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 17. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum:
a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard, providing coverage for claims including:
i. Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii. Personal and advertising injury; iii. Damages because of physical damage to or destruction of property, including loss of use of such property; iv. Bodily injury or property damage arising out of completed operations; and v. Contractor’s indemnity obligations under this Agreement.
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To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment. 18. Compliance with State Withholding Tax. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project by providing to the City Engineer a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. 19. Performance and Payment Bond. No payment or performance bonds are required for this project. 20. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Work required by this Agreement. Any instrument in violation of this provision is null and void. 21. Independent Contractor. Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is customarily engaged in the independent performance of the same or similar work for others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 22. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work
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rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City.
23. Entire Agreement. The Contract Documents shall constitute the entire agreement between the City and Contractor, and supersede any other written or oral agreements between the City and Contractor.
24. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 25. 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. 26. Work Products and Ownership of Documents. All records, information, materials and other work products, including, but not limited to the completed reports, drawings, plans, and specifications prepared and developed in connection with the provision of the Work pursuant to this Agreement shall become the property of the City, but reproductions of such records, information, materials and other work products in whole or in part may be retained by Contractor. Regardless of when such information was provided, Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. These obligations survive the termination of this Agreement.
27. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Work. 28. Agreement Not Exclusive. The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City’s sole discretion. 29. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 30. No Discrimination. Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these
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7
laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 31. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Al Lundstrom, or designee. Contractor’s authorized agent for purposes of administration of this contract is Dan Johnson, or designee who shall perform or supervise the performance of all Work. 32. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY Dan Johnson DJ Electric Services, Inc. PO Box 505 Starbuck, MN 56381 djelectricsrvsinc@hotmail.com 763-218-9497
City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 alundstrom@goldenvalleymn.gov 763-286-8900
or such other contact information as either party may provide to the other by notice given in accordance with this provision. 33. 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. 34. 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. 35. Payment of Subcontractors. Contractor agrees to pay all laborers employed and all subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to pay any claims and demands for labor and materials, the City may apply the monies due to Contractor toward paying and satisfying such claims and demands. The City has the right to apply monies due to Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against Contractor. The amount of such payments shall be deducted from the balance due to the Contractor; provided that nothing herein nor any variation from the amounts and timing of the installments shall be construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or to retain for their benefit any monies coming to the contractor hereunder.
Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%) per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the
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Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 36. 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. 37. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 38. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (pdf) and signatures appearing on electronic mail instruments shall be treated as original signatures. 39. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement.
IN WITNESS WHEREOF, the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. DJ ELECTRIC SERVICES, INC.: CITY OF GOLDEN VALLEY: By: _________________________________ Name: Dan Johnson Title: President
By: _________________________________ Shepard M. Harris, Mayor
By: _________________________________ Timothy J. Cruikshank, City Manager
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EXHIBIT A
Project Scope
Project Scope Provide all lighting materials and installation for two fully fenced outdoor tennis courts. All potential contractors are to provide information on any deviations from the material specifications in Exhibit B herein.
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EXHIBIT B
Material Specifications
Poles a. DWM HOLD CPS-1-5007-30-T2-COOPER BRONZE/PTB-2-COOPER BRONZE (4)
Heads a. COOPER L GLEON-AF-07-LED-E1-T4FT-BZ-ADJS (8)
Bull Horn a. GENSTRUCTURE PTB-2-COPPER BRONZE (4)
Controls a. 24” x 36” x 8” N3R enclosure b. single pole mechanical time clock-Intermatic Type c. GE IC contactors w/208v coil-momentary type d. Momentary push button-Green color e. Control pedestal-$600.00 allowance (City of Golden Valley to pick out type) f. Provide strut wall for controls-use quick bag concrete to secure strut in ground g. Provide Disconnect for 30a power feed to controls
Concrete Bases a. 30’ poles to have 24” x 72” bases with 24” above grade for finish product b. Pedestal to have 12” x 48” base with flush finish to grade
Miscellaneous a. Extend power from existing direct burial J/Box to new control wall-30a 208v feed b. Provide 1” PVC underground for entire project c. Provide #8 THHN copper wire from control cabinet to all pole lights d. Ground needs to be restored/racked/level for City to plant grass after install of underground Conduits e. City to approve design drawings before any ordering of Poles/Lights/Bull horns/Pedestal f. Lights to installed fall of 2023 on or before October 31, 2023
Permit a. Contractor shall secure all required permits prior to commencing the Work.
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EXHIBIT B
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EXECUTIVE SUMMARY
City Attorney
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 5, 2023
Agenda Item
3E.5. Approve Professional Services Agreement with Berglund Baumgartner & Glaser for Prosecution
Services
Prepared By
Maria Cisneros, City Attorney
Virgil Green, Police Chief
Summary
Since 2019, all departments of the City have been working toward regularly and consistently issuing
RFPs for all contracts in an effort to ensure equitable access to contracting opportunities with the City
while making sure the City is receiving high quality services at competitive prices. As part of its annual
goal setting process, the City Council directed staff to develop and issue a request for proposals (RFP)
for prosecution services. Based on staff's review of City records, it appears this is the first time in
several decades that the City has sought competitive bids for prosecution services.
This RFP for prosecution services was a two month process that included written proposals and two
rounds of interviews. The interview panels consisted of the City Attorney, City Manager, Police Chief,
Assistant Police Chief, one PEACE Commissioner, and a city prosecutor from a neighboring jurisdiction.
The City requested the following scope of work from RFP respondents:
1. Prosecuting gross misdemeanor, misdemeanor, and petty misdemeanor cases, including traffic
violations, DWI cases, theft, and City Code violations.
2. Representing the City in criminal court matters and related civil matters.
3. Preparing regular reports of prosecution activities, data, and staff.
4. Advising and consulting with the City Attorney and other City staff on abatement of nuisances
and other City Code violations by means other than formal prosecution.
5. Recommending cost-saving measures without loss of prosecution effectiveness.
6. Recommending new or alternative processes and procedures to improve community wellness
and safety.
7. Meeting periodically with City staff regarding the status of prosecution matters.
8. Supporting the Police Department by providing advice, consultation, and training.
9. In collaboration with the City Council, City Attorney, Police Department and PEACE Commission,
developing a community-based diversion program based on restorative justice principles for
certain offenses.
Proposals were evaluated on the following criteria:
Experience of firm and key personnel related to the scope of services outlined in the RFP,
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including years and history;
Qualifications of key personnel;
Cost proposal; and
Commitment to and experience in community-based philosophy and restorative justice
principles.
The City recieved several well-qualified proposals and staff is pleased to recommend contracting with
the law firm of Berglund Baumgartner & Glaser (BBG) to serve as the City's prosecutor. BBG's proposal
most closely met the City's desired scope of work. Specifically, the firm has decades of experience
representing cities and other public sector clients and currently serves as prosecuting attorney for
numerous cities in Anoka, Hennepin, Sherburne and Wright counties. The firm's key staff also has
experience developing and implementing specialized programming to improve community safety and
wellness, including more equitable approaches to traditional prosecution, as well as diversion and
restorative approaches.
Under the proposed contract, BBG would continue to offer the standard prosecution services
traditionally available in Golden Valley, while at the same time embedding equity in these traditional
approaches through new strategies such as:
Moving Away from ‘Pay to Play’ Prosecution: Some jurisdictions engage in “pay to play”
prosecution by allowing more affluent offenders to pay higher fines to avoid other forms of
punishment like jail, a criminal conviction, or conditions of probation. Those people without the
means to pay higher fines are more likely to face these other consequences. BBG does not
engage in ‘pay to play’ prosecution, rather, their standard practices do more to level the playing
field between socioeconomic groups by using other consequences such as education, training, or
community work service to resolve cases.
Post-charge Case Diversion: Communities experience better outcomes when offenders and
victims leave the criminal justice system better-off than when they entered. BBG uses tools
such as professional evaluations to screen offenders for chemical dependency, anger, or other
problems to guide them on a path of betterment. BBG also uses victim impact panels and crime
victim restitution to help make people whole.
Traffic Safety: Making roads safer is the primary goal of traffic enforcement. For moving
violations, BBG often asks offenders to complete traffic safety courses. Additionally, BBG
individually works with offenders who do not have a valid license by guiding and incentivizing
them to obtain a valid drivers license. These strategies improve safety by addressing the root
causes of traffic violations and by increasing understanding of and compliance with traffic laws.
In addition to standard prosecution services, the contract contemplates time spent collaborating with
key stakeholders in Golden Valley, including the City Attorney, Police Department, City Council, PEACE
Commission and Hennepin County to explore additional approaches aligned with the City Council's
direction to provide diverse, equitable and inclusive government services. Some examples of new
programming that could be implemented include domestic assualt pretrial programming, pre-charge
case diversion for certain offenses, and Hennepin County restorative court. All of these programs
would be tailored to Golden Valley and developed in collaboration with a diverse set of stakeholders.
Financial or Budget Considerations
The proposed contract is within the City's budget for prosecution services. The fee structure in the
contract ensures sufficient resources to research and develop new prosecutorial programs, as directed
by the City, without compromising the quality of existing prosecution needs and services. If any future
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prosecution programs require additional funding, staff will present those programs to the City Council
for consideration separately.
Legal Considerations
This contract for professional services is not subject to public bidding laws under the Minnesota
Uniform Municipal Contracting Act. Nevertheless, the City followed a competitive RFP process and this
recommendation is the result of the RFP team's evaluation of written proposals and candidate
interviews.
The City Prosecutor is part of the City's Legal Department, which is lead by the CIty Attorney, and
works closely with the Police Department. The prosecutor is responsible for prosecuting petty
misdemeanor, misdemeanor and gross misdemeanor cases on behalf of the City. Under Minnesota
law, a petty misdemeanor is a violation eligible for a fine up to $300 and no incarceration. Examples of
petty misdemeanors include most traffic violations. Misdemeanors are crimes with a maximum
penalty of up to 90 days in jail and/or a fine of up to $1,000. Examples of misdemeanors include
driving without a license, first time DWI, theft of property worth less than $500 and simple assault
(such as punching someone). The most serious of these is domestic assault. Gross misdemeanors are
crimes with a maximum penalty of 364 days in jail and/or a fine of up to $3,000. Examples of gross
misdemeanors include theft of property worth between $500 and $1,000, second DWI in ten years,
and second assault in ten years against the same victim.
The City Prosecutor does not prosecute felony level offenses (crimes with a maximum penalty of over
one year imprisonment and/or a fine higher than $3,000, for example, murder, most criminal sexual
conduct, and theft of property worth more than $1,000). Felonies committed in Golden Valley are
prosecuted by the Hennepin County Attorney's Office.
Equity Considerations
Since 2019 City staff in the Legal, Human Resources, Community Development and Public Works
departments have worked together to align the City's procurement processes with the City's mission,
vision and values. The group developed a procurement philosophy and process that, among other
things, encourages regular and widespread use of RFPs accross all City departments. The process is
informed by the City's Equity Plan and is intended to ensure equitable access to contracting
opportunities with the City while making sure the City is receiving high quality services at competitive
prices. The timing of this RFP was consistent with the City's procurement philosophy in that the City
had not issued an RFP for prosecution services for several decades.
Intentionally incorporating equity principles into the prosecution process in Golden Valley is
consistent with the City's mission, vision, and values, its Equity Plan, and its work on the Collaborative
Solutions Grant through the Pohlad Foundation. Furthermore, prosecutors play an important role in
ensuring the criminal justice system is equitable and produces the most safety and wellness for the
entire community. Prosecutors have wide discretionary power in case processing decisions, from
initial screening, charging, bail, and pretrial recommendations to diversion, plea bargaining, and
sentencing. National research shows that despite efforts to be fair and equitable, prosecutors may
unintentionally contribute to the overrepresentation of Black, Indigenous and People of Color in the
criminal justice system. Therefore, hiring a law firm with a demonstrated commitment to community-
based justice and experience embedding equity into prosecution aligns with the City's goals, priorities
and values.
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Recommended Action
Motion to approve professional services agreement with Berglund Baumgartner & Glaser for
prosecution services.
Supporting Documents
Professional Services Agreement with BBG for Prosecution Services
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DOCSOPEN\SS115\1\796688.v1-5/10/22
AGREEMENT FOR PROSECUTION SERVICES FOR
THE CITY OF GOLDEN VALLEY
This Agreement for Prosecution Services (the “Agreement”) is effective as of September 5, 2023,
by and between the City of Golden Valley, 7800 Golden Valley Road, Golden Valley, MN 55427
(the “City”), and Berglund, Baumgartner and Glaser, LLC, 333 Washington Avenue, 405 Union
Plaza Building (the “Prosecutor”).
WHEREAS, the City needs an experienced attorney licensed to practice law in Minnesota
to advise and represent the City in municipal prosecutions; and
WHEREAS,the attorneys employed by the Prosecutor are licensed to practice law in
Minnesota and are experienced in and familiar with all phases of municipal prosecution and desire
to provide the prosecution services required by the City; and
WHEREAS,the parties hereto want to enter into a written agreement to set forth the terms,
conditions, compensation, duties, responsibilities and other matters relating to the Prosecutor
providing said services to the City.
NOW, THEREFORE,it is agreed by and between the City and the Prosecutor that the
City does hereby retain, designate, and appoint the firm of Berglund, Baumgartner and Glaser,
LLC, as the Golden Valley City Prosecutor, and the Prosecutor does hereby accept the position of
Golden Valley City Prosecutor and agrees to faithfully perform the requirements of this position,
as required by law, and in accordance with the terms and conditions set forth herein.
A.Services.
1.The Prosecutor hereby agrees to perform and furnish these legal services to the City
(collectively referred to herein as the “Services”):
a. Prosecution of gross misdemeanor, misdemeanor, and petty misdemeanor
cases, including traffic violations, DWI cases, theft, and City Code violations
in district court and appellate court proceedings.
b. Conduct civil legal proceedings related to criminal prosecutions such as
property forfeiture proceedings, restraining order proceedings, and other related
proceedings.
c. Drafting complaints, representing the City at court appearances, including
omnibus hearings, pretrial conferences, court and jury trials, and post-
conviction hearings.
d. Preparation of regular reports of prosecution activities, data, and staff.
e. Advise and consult with the City Attorney relative to abatement of nuisances
and other City Code violations by means other than formal prosecution.
f. Recommend cost-saving measures without loss of prosecution effectiveness.
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g. Recommend new or alternative processes and procedures to improve
community wellness and safety.
h. Meet periodically with City Attorney and other appropriate personnel to review
status of prosecution matters.
i. Provide advice, consultation, and training where required to the Police
Department and to all other departments of the city in the interpretation and
enforcement of statutes and ordinances and investigation of violations in
connection with code enforcement and the prosecution of criminal cases.
j. In collaboration with the City Council, City Attorney, Police Department and
PEACE Commission, participate in developing a community-based diversion
program based on restorative justice principles for certain offenses.
B. Fees and Costs.
1.For all prosecution services, the City agrees to pay the Prosecutor on an hourly
basis. The hourly rates through December 2024 shall be:
a. $70 per hour for paralegal services.
b. $125 per hour for legal services performed by an Associate Attorney.
c. $145 per hour for legal services performed by a Principal Attorney.
The parties shall meet in or before July of each year to set rates for the following
calendar year based on market data and the City’s proposed budget for the Services.
In no event shall Prosecutor’s fees exceed the amount budgeted by the City for the
Services and the Prosecutor and City Attorney shall work together throughout the
term of this Agreement to manage the budget. In the event there are changes in law
or court procedures that require the expenditure of significant time or services not
contemplated in this agreement, the parties agree to negotiate additional or other
acceptable terms.
2.The City shall reimburse the Prosecutor for its reasonable out of pocket costs
required to provide the Services. Monthly bills will identify and itemize out-of-
pocket expenses such as subpoena fees, photocopies, postage, etc. The expenses
will also reflect a proportional charge for expenses split with other prosecution
clients of the Prosecutor. These proportional charges primarily include technology
fees incurred to support prosecution services such as Hennepin County Court
Information access, Bureau of Criminal Apprehension access, Minnesota
Government Access, CURO365 case management, etc.
C.Term of Contract and Termination.
1.The initial term of this Agreement shall be for a period of thirty nine months and
shall commence on October 1,2023. Thereafter, this Agreement shall automatically
renew for subsequent one-year terms unless otherwise terminated as provided
herein.
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2.This Agreement may be terminated by the Cityimmediately “for cause,” or may be
terminated at any time by either the City or the Prosecutor upon sixty (60) days
written notice. In either event, on the termination of this Agreement, all finished
and unfinished documents and work papers prepared by the Prosecutor pursuant to
this Agreement shall become the property of the City and the Prosecutor will be
paid for services satisfactorily performed up to the date of termination.
D.Equal Opportunity and Conflicts of Interest.
1.The Prosecutor agrees that it shall not discriminate against any person, and in this
respect, shall act in accordance with federal, state, and local regulations and in
accordance with City policy. The Prosecution shall follow policy of the City of
Golden Valley which does not discriminate on the basis of race, color, creed,
national origin, sex, religion, age, sexual orientation, gender, marital status, status
with regard to public assistance, membership on a local human rights commission,
disability, or any other basis protected by law in the admission or access to or
treatment of employment, program, activities or services.
2.The Prosecutor will not represent any clients in legal actions involving Golden
Valley or with interests adverse to those of Golden Valley, including any units of
government having jurisdiction within or contiguous to Golden Valley. The
Prosecutor shall use best efforts to meet all professional obligations to avoid
conflicts of interest and appearances of impropriety.
3.In the event that a conflict of interest arises in any particular case, the Prosecutor,
with the consent of the City, agrees to refer those matters to outside counsel for
prosecution at the City’s expense.
E.Insurance and Indemnification.
1.Prosecutor agrees to maintain a valid policy of Professional Liability Insurance for
the duration of this Agreement. The value of the policy shall not be less than the
cap for municipal tort liability as established by Minnesota Statutes.
2.Prosecutor further agrees to defend, indemnify, and hold harmless the City, its
agents and employees against all causes of actions against the City or any of its
agents or employees that arise from or as a result of the Prosecutor's negligent
actions or advice under the terms of this Agreement.
F.Miscellaneous.
1.All services provided by the Prosecutor pursuant to this Agreement are provided by
the Prosecutor 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.
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2.Except as provided in Section D(3) of this Agreement relating to conflicts of
interest, the rights and obligations created by this Agreement may not be assigned
by either party.
3.Data provided to the Prosecutor under this Agreement shall be administered in
accordance with the Minnesota Government Data Practices Act, Minnesota
Statutes, Chapter 13.
4.Nothing in this Agreement shall preclude the City from retaining legal counsel
other than the Prosecutorin any legal matters including, but not limited to, litigation
and other specialized areas of law.
5.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 Minnesota, and all parties
to this Agreement waive any objection to the jurisdiction of these courts, whether
based on convenience or otherwise.
6.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.
7.This Agreement, including any addenda or amendments subsequently signed by
both parties, shall constitute the entire agreement between the City and the
Prosecutor, and supersedes and terminates any other written or oral agreements
between the City and the Prosecutor. This Agreement can only be modified in
writing signed by both the City and the Prosecutor.
8. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Prosecutor agrees that the books,
records, documents, and accounting procedures and practices of Prosecutor, 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. Prosecutor
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.
[SIGNATURE PAGES FOLLOW]
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BERGLUND, BAUMGARTNER
AND GLASER, LLC
Dated:
Kurt B. Glaser
Attorney at Law
CITY OF GOLDEN VALLEY
Dated:
Shep Harris
Mayor
City of Golden Valley, Minnesota
Dated:
Tim Cruikshank
City Manager
City of Golden Valley, Minnesota
88
EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Work Session
September 5, 2023
Agenda Item
3E.6. Approve Payment of Invoice to Comcast for Installation of Internet Infrastructure to 12 Park
Shelters.
Prepared By
John Peterson, IT Manager
Summary
April 18, 2023 Council accepted grant funding from Hennepin County for broadband expansion to
build out Wi-Fi access in Golden Valley’s parks. As this process moves forward the city is responsible to
purchase equipment and pay invoices then submit to Hennepin County for reimbursement. This item
exceeds the $20,000 council approval threshold.
The attached invoice details construction fees to extend and install Comcast coaxial to twelve park
shelter locations.
Council should also note the service fees for each location. These costs are under a 3-year service term
and will be covered by the Hennepin County grant through 2024. Beginning with 2025 the city should
expect and plan to continue funding of this public wireless system.
Financial or Budget Considerations
Hennepin County offered a great program for cities to apply for American Rescue Plan (ARPA) grant
dollars to help improve the broadband in the Parks. The city was approved for this grant. The costs will
be paid by the City first and then reimbursed by Hennepin County per contract terms.
Legal Considerations
The City of Golden Valley is a partner member of a nine-city cable franchise agreement between
Comcast and Northwest Suburbs Cable Communications Commission. With this existing agreement in
mind, Golden Valley selected Comcast as the internet service provider for this proposal. Comcast
would build out the coaxial plant at a cost of $98,214.47. Comcast would cover $4,000 per site or
$35,683.54. The City of Golden Valley is being invoiced $62,530.93. The costs will be paid by the City
first and then reimbursed by Hennepin County pursuant to the grant agreement.
Equity Considerations
Prior to the grant application staff did seek additional service construction costs including an option
for fiber. As wireless systems complete construction and installation the Wi-Fi internet service will be
available for anyone who lives or works in the community and can benefit those more likely to
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experience digital barriers such as seniors and low-income people.
Recommended Action
Motion to approve payment of invoice to comcast in the amount of $62,530.94 for construction fees
to install internet infrastructure to 12 park shelters.
Supporting Documents
Golden Valley Construction Costs.pdf
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Site Description Site Address Construction Comcast AllowanceCustomer Contribution MonthlyInstallation (one Time)Brookview Park 200 Brookview Parkway N‐$ ‐$ $0.00 $169.90 $99.95Gearty Park 3101 Regent Ave N 9,358.96$ 4,000.00$ $5,358.96 $169.90 $99.95Hampshire Park 1610 Lousiana Ave N 11,941.35$ 4,000.00$ $7,941.35 $169.90 $99.95Isaacson Park 7101 Sandburg Road 10,772.33$ 4,000.00$ $6,772.33 $169.90 $99.95Lakeview Park 1521 Hillsboro Ave N 7,014.14$ 4,000.00$ $3,014.14 $169.90 $99.95Lions Park 151 Lousiana Ave N 22,254.41$ 4,000.00$ $18,254.41 $169.90 $99.95Medley Park 2331 Ensign Ave N 11,926.37$ 4,000.00$ $7,926.37 $169.90 $99.95Schaper Park 631 Ottawa Ave N 14,932.18$ 4,000.00$ $10,932.18 $169.90 $99.95Scheid Park 1856 Toledo Ave N 3,683.54$ 3,683.54$ $0.00 $169.90 $99.95Wesley Park 8305 Wesley Drive 6,331.19$ 4,000.00$ $2,331.19 $169.90 $99.95$98,214.47 $35,683.54 $62,530.93 $1,699.00 $999.50Presented by Steven Urquhart 3‐Aug‐23ServiceConstruction Cost91
EXECUTIVE SUMMARY
Police
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 5, 2023
Agenda Item
3F.1. Adopt Resolution No. 23-075 Accepting a Donation from the Crime Prevention Fund for the
Police Department's Awards and Promotions Reception
Prepared By
Alice White, Assistant Police Chief
Summary
As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City
Council by Resolution and be approved by a two-thirds majority of the Council. All donations and
grants must be acknowledged and accepted by motion with a simple majority.
Legal Considerations
This item does not require legal review
Equity Considerations
N/A
Recommended Action
Motion to adopt Resolution No. 23-075 accepting the donation from the Golden Valley Crime
Prevention Fund for the GVPD Promotion Reception on June 6, 2023.
Supporting Documents
Resolution 23-075 Donation GVPD Reception
92
RESOLUTION NO. 23-075
RESOLUTION ACCEPTING A DONATION FOR THE GOLDEN VALLEY POLICE
DEPARTMENT’S AWARDS AND PROMOTIONS RECEPTION
WHEREAS,the City Council adopted Resolution No. 04-20 on March 16, 2004,
which established a policy for the receipt of gifts; and
WHEREAS, the Resolution states that a gift of real or personal property must be
accepted by the City Council by Resolution and be approved by a two-thirds majority of
the Council. A cash donation must be acknowledged and accepted by motion with a
simple majority.
NOW THEREFORE, BE IT RESOLVED, that the City Council accept the
following donations on behalf of its residents:
$200.00 from the Golden Valley Crime Prevention Fund for the Golden Valley
Police Department’s Promotions Reception.
Adopted by the City Council of the City of Golden Valley, Minnesota this 5th day of
September 2023.
______________________________
Shepard M. Harris, Mayor
ATTESTED:
______________________________
Theresa Schyma, City Clerk
93
EXECUTIVE SUMMARY
Parks & Recreation
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 5, 2023
Agenda Item
3F.2. Adopt Resolution No. 23-076 Approving Donation From Michelle Christensen and Golden Valley
One Good Deed for the Construction, Materials, Equipment, and Installation to Add Four Play Pods
Creating a New Play Trail at Brookview Park and Lions 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. 23-076 approving donation from Michelle Christensen and Golden
Valley One Good Deed for the construction, materials, equipment, and installation to add four play
pods creating a new Play Trail at Brookview Park and Lions Park.
Supporting Documents
2023 Additional Donation Resolution Golden Valley One Good Deed.docx
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RESOLUTION NO. 23-076
RESOLUTION ACCEPTING THE ADDITIONAL DONATION FROM MICHELLE
CHRISTENSEN AND GOLDEN VALLEY ONE GOOD DEED FOR THE FOUR PLAY
PODS TO CREATE A PLAY TRAIL AT BROOKVIEW PARK AND LIONS PARK
WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004, which
established a policy for the receipt of gifts; and
WHEREAS, the Resolution states that a gift of real or personal property must be
accepted by the City Council by resolution and be approved by a two-thirds majority of the
Council. A cash donation must be acknowledged and accepted by motion with a simple
majority.
NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following
donations on behalf of its citizens:
Additional in-kind donation of $8,722.00 from Michelle Christensen and Golden
Valley One Good Deed for the construction, materials, equipment and installation of
four play pods creating a Play Trail at Brookview Park and Lions Park.
Adopted by the City Council of Golden Valley, Minnesota this 5th day of September, 2023.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
95
EXECUTIVE SUMMARY
Human Resources
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 5, 2023
Agenda Item
3G. Adopt Resolution No. 23-077 Approving Updates to Employee Handbook
Prepared By
Kirsten Santelices, Deputy City Manager/Human Resources Director
Summary
In its last legislative session, the State released new policy requirements for organizations. As such,
City Staff updated the Employee Handbook to accurately reflect these changes. All of the following
proposed changes are effective July 1, 2023.
Updated Nursing and Lactating Employee Policy: Breaks must be paid and are no longer limited
to a period of time of only one year after child birth.
Updated Elections and Voting Policy: Employees may be absent from work for the time
necessary to vote to include voting during the period allowed for voting in person before
election day.
Updated Holidays to include Juneteenth.
In addition, City staff propose adding an Advanced Notice Program to its policies. The City of Golden
Valley’s Advanced Resignation Notice program is designed to improve the operational efficiency and
stability of the workforce by encouraging employees to give advanced notice of their intent to leave
employment with the City through voluntary resignation or voluntary retirement. The program gives
the City the opportunity to begin a recruitment process as soon as possible after the City receives the
departing employee’s notice. The benefits of this program include reducing unfilled vacancy time and
increasing opportunity for training overlap which leads to high-performing continuity of operations.
Upon approval, this program will be effective September 6, 2023.
Legal Considerations
This item has been reviewed and approved by the City Attorney.
Equity Considerations
These items have been reviewed by the Equity and Inclusion Manager and align with the City's goal to
be an inclusive and equitable workforce for all.
Recommended Action
Motion to adopt Resolution No. 23-077 approving updates to Employee Handbook.
Supporting Documents
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Resolution 23-077 Adopting Amended Handbook_2023-09-05.docx
Advanced Resignation Notice Program.pdf
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RESOLUTION NO. 23-077
RESOLUTION ADOPTING AMENDMENT TO EMPLOYEE HANDBOOK
WHEREAS, a completely revised Employee Handbook was adopted by Resolution 11-81 on
December 20, 2011 and dated January 1, 2012; amended by Resolution 12-24 on March 20, 2012;
amended by Resolution 12-100 on December 18, 2012; amended by Resolution 13-65 on July 16, 2013;
and amended by Resolution 17-19 on April 20, 2017; and amended by Resolution 17-85 on December
17, 2017; and amended by Resolution 18-87 on December 18, 2018; and amended by Resolution 19-75
on December 17, 2019; and amended by Resolution 20-81 on December 15, 2020; and Amended by
Resolution 21-17 on April 6, 2021; and Amended by Resolution 21-46 on June 15, 2021, and Amended
by Resolution 21-116 on December 21, 2021, and Amended policy by Resolution 22-063 on July 5,
2022, and Amended by Resolution 22-118 on December 20, 2022, and by Resolution 23-034 on May
16, 2023; and
WHEREAS, the Employee Handbook has been revised to include the required policy changes by
Minnesota State Legislature in a manner that involves providing employees with an updated
handbook; and
WHEREAS, the above-referenced amendments will become effective as of July 1, 2023; and
WHEREAS, the City desires to add programs such as the Advanced Notice Incentive Program to
support continuity of operational efficiencies and recruitment; and
WHEREAS, the Advanced Notice Incentive Program is one strategy to improve succession
planning and costs associated with employee turnover.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that the
above-referenced amendments to the City of Golden Valley Employee Handbook are hereby adopted,
and the revised policies supersede all previously adopted policies and procedures except those
contained in approved union contracts.
Adopted by the City Council of Golden Valley, Minnesota this 5th day of September, 2023.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa J. Schyma, City Clerk
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City of Golden Valley Advanced Resignation and Retirement Notice Program
Purpose
The City of Golden Valley’s Advanced Resignation Notice program is designed to improve the operational efficiency and stability of the workforce by encouraging employees to give advanced notice of their intent to leave employment with the City through voluntary resignation or voluntary retirement. The program gives the City the opportunity to begin a recruitment process as soon as possible after the City receives the departing employee’s notice. The benefits of this program include reducing unfilled vacancy time and increasing opportunity for training overlap which leads to high-performing continuity of operations. Terms defined in the Golden Valley Employee Handbook, including but not limited to those terms defined in section 17 of the Employee Handbook, shall have the same meanings for purposes of this program.
Program Eligibility
This policy is available to all full-time regular and part-time regular employees who have worked in their regular position for a minimum of three years. Employees in temporary, seasonal, and paid on-call positions are not eligible for incentives under this program.
Advanced Notice Process
Employees may be eligible for an advanced notice incentive by submitting a 90, 120, or 180 calendar day notice and following the process outlined below:
1. Complete the Advanced Notice Program Application form (“The Application Form”) 2. Submit the Advanced Notice Program Application form in addition to a written notice of intent to leave employment (“Advanced Resignation Notice”)
• The employee must submit the application form and notice of intent to leave employment a minimum of 90, 120, or 180 calendar days prior to their last day of work to their department director and human resources department. The employee’s last day is the last regularly scheduled shift worked and employees may not use sick time/vacation or paid time-off to extend termination date beyond the last day worked.
The Application Form must be signed by the employee, the department head, the Deputy City Manager/Human Resources Director, and the City Manager. The employee is not eligible for an incentive under this program if they do not complete and submit the Application Form with the required signatures and the Advanced Notice. The City reserves the right to refuse to enter into this agreement with any employee.
The City also reserves the right to determine which vacancies to fill and whether to modify a position description prior to hiring a new employee. This decision will not affect a current employee’s eligibility for an Advance Notice payment.
Rescission Period
An employee has ten (10) calendar days from the date the employee signs the Advance Resignation Notice to rescind their notice. After the City has accepted the resignation and after the duration of the Employee’s 10-day rescission period, the resignation becomes irrevocable, and the Employee may no
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longer rescind it without the City’s agreement to either permit rescission or defer the resignation. Refusing to accept the Advance Notice payment will not void the Agreement.
Advanced Notice Payment
The City will provide the following one-time payment for advanced notice based on the duration of advanced notice by the employee:
Notification Requirement (Calendar Days) Incentive Amount 90 days 40 hours at the employee’s regular rate of pay 120 days 60 hours at the employee’s regular rate of pay 180 days* 80 hours at the employee’s regular rate of pay
*Applicable to Director level and above
Incentive amounts are not cumulative and is based on the employee’s regular rate of pay on their last day of employment. The payment will also be made on or after the employment termination date and is subject to taxation and required deductions.
Program Rules
A. Training Expectations The intent of this program is for the departing employee to prepare useful documentation and participate in the training of the new employee filling their position.
B. Use of Leave The departing employee is expected to limit the use of leave, including PTO, Vacation, Comp, or other time, during the advanced notice period based on the duration of advance notice by the employee:
Notification Period Maximum Allowable Leave During Notice Period 90 days 64 hours 120 days 80 hours 180 days* 120 hours The City reserves the right to approve or deny requests by an employee to use their accrued leave during their advanced notice period. Except as expressly authorized by the City Manager, employees may not use personal leave during their final two-week period of work. Directors may not use leave during their final four-week period of work.
The City reserves the right to refuse to enter into this arrangement with any employee or to terminate an approved Advance Resignation Notice Application should an employee experience a work absence greater than five days.
C. Forfeiting Payment The employee will forfeit eligibility for advanced notice payment under the following circumstances:
• The employee terminates employment with the City in advance of the agreed upon resignation date;
• The employee’s position or employment is terminated by the City prior to the agreed upon resignation date;
• The employee fails to comply with the terms stated in this program;
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• The employee is under active investigation for misconduct prior to or during the advanced notice period; or
• The employee does not follow the separation policies and procedures listed within the City of Golden Valley Employee Handbook or the employee does not leave in good standing.
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EXECUTIVE SUMMARY
Human Resources
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Work Session
September 5, 2023
Agenda Item
3H. Adopt Resolution No. 23-078 Approving Golden Valley Firefighter Policy Manual
Prepared By
Kirsten Santelices, Deputy City Manager/Human Resources Director
John Crelly, Fire Chief
Bethany Brunsell, Assistant Fire Chief
Dominque Guzman, Assistant Fire Chief
Summary
The City of Golden Valley Fire Department Policy Manual encompasses policies and procedures
required for all personnel in the Fire department who perform fire suppression and first response as a
Golden Valley Firefighter. These policies are in addition to or in replacement of policies listed within
the Golden Valley Employee Handbook, which are critical for safe and efficient Fire Department
operations. The updated policies shall be in effect September 6, 2023, with the exception of the paid
holiday provision, which shall be in effect September 1, 2023. City staff propose adding holiday pay
effective September 1, 2023, thereby giving POC FF and Duty Crew personnel holiday pay for Labor
Day.
Financial or Budget Considerations
The proposed holiday pay policy costs will be absorbed by the Fire department annual budget.
Legal Considerations
This policy manual has been reviewed and approved by the City Attorney.
Equity Considerations
The policies within this manual have been reviewed by the Equity department and align with the City's
initiatives to ensure equitable policies and practices.
Recommended Action
Motion to adopt Resolution No. 23-078 approving the Golden Valley Firefighter Policy Manual.
Supporting Documents
Resolution Adopting GV Firefighter Policy Manual.docx
Golden Valley Fire Handbook - 2023.pdf
102
RESOLUTION NO. 23-078
RESOLUTION ADOPTING FIREFIGHTER POLICY MANUAL
WHEREAS,the City of Golden Valley Fire Department Policy Manual encompasses
policies and procedures required for all personnel in the Fire department who perform fire
suppression and first response as a Golden Valley Firefighter; and
WHEREAS,these policies are in addition to or in replacement of policies listed
within the Golden Valley Employee Handbook, which are critical for safe and efficient Fire
Department operations.
NOW THEREFORE BE IT RESOLVED,that the updated policies shall be in effect
September 6, 2023, with the exception of the paid holiday provision, which shall be in effect
September 1, 2023. City staff propose adding holiday pay effective September 1, 2023,
thereby giving POC FF and Duty Crew personnel holiday pay for Labor Day.
Adopted by the City Council of Golden Valley, Minnesota this 5th day of September, 2023.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
103
City of Golden Valley Fire Department Policy Manual
City of Golden Valley Mission Statement
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.
City of Golden Valley Welcome Statement
The City of Golden Valley believes in and stands for the values of social equity, inclusion, and justice. We embrace diversity and recognize the rights of individuals to live their lives with dignity, free of discrimination, fear, violence, and hate. We are dedicated to being a supportive and united community, strengthened by the diversity of our residents and visitors. We strive to provide fair and unbiased services and programs, giving opportunities for all.
Golden Valley Fire Department Mission Statement
The Golden Valley Fire Department protects lives and property, promotes fire and life safety and enhances the livability of the City of Golden Valley through rigorous training and rapid, professional response. Our priority is to provide unsurpassed fire and emergency medical services to the Golden Valley community.
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Contents City of Golden Valley Fire Department Policy Manual ................................................................................. 1
City of Golden Valley Mission Statement ..................................................................................................... 1
City of Golden Valley Welcome Statement................................................................................................... 1
Golden Valley Fire Department Mission Statement ..................................................................................... 1
Definitions ..................................................................................................................................................... 4
Section 1: Introduction ................................................................................................................................. 5
Purpose ......................................................................................................................................................... 5
Section 2: Continued Employment ............................................................................................................... 6
At-Will Employment ...................................................................................................................................... 6
Full-Time City Employees .............................................................................................................................. 6
Probationary Period ...................................................................................................................................... 6
Physical Expectations .................................................................................................................................... 6
Driver’s License ............................................................................................................................................. 6
Firefighter Certifications and Training .......................................................................................................... 7
Training and Drills ..................................................................................................................................... 7
Additional Training Guidelines .................................................................................................................. 7
Training Certifications ............................................................................................................................... 7
Responding to Fire Calls and Fulfilling Duty Crew Requirements ................................................................. 8
Paid On-Call Response .............................................................................................................................. 8
Duty Crew Response ................................................................................................................................. 8
Performance and Discipline .......................................................................................................................... 8
Section 3: Workplace Rules ........................................................................................................................... 9
Confidential Information .............................................................................................................................. 9
Work Outside the City ................................................................................................................................... 9
Appearance and Dress .................................................................................................................................. 9
Uniforms ................................................................................................................................................... 9
Employees may not wear GVFD uniforms of any class while off-duty. .................................................... 9
Personal Protective Equipment ................................................................................................................ 9
Self-Contained Breathing Apparatus (SCBA) Mask ................................................................................. 10
Identification ........................................................................................................................................... 10
Safety Exposures ......................................................................................................................................... 10
Blood Borne Pathogens........................................................................................................................... 10
Section 4: Facilities and Equipment ............................................................................................................ 12
Fire Station Access ...................................................................................................................................... 12
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Pagers and Portable Radios ........................................................................................................................ 12
Cell Phone Notifications .............................................................................................................................. 12
Camera Use ................................................................................................................................................. 12
Use of City Vehicles ..................................................................................................................................... 13
Idling........................................................................................................................................................ 13
Section 5: Code of Conduct ......................................................................................................................... 14
Firefighter Code of Ethics ............................................................................................................................ 14
Personal Expectations ................................................................................................................................. 14
Section 6: Compensation ............................................................................................................................ 16
Starting Compensation ............................................................................................................................... 16
Temporary Assignment Compensation ...................................................................................................... 16
Paid On-Call Compensation ........................................................................................................................ 16
Paged Events: .......................................................................................................................................... 16
Non-Paged Events: .................................................................................................................................. 16
Duty Officer and Duty Chief Compensation ................................................................................................ 16
Shift Lead Compensation ............................................................................................................................ 16
Holiday Compensation ................................................................................................................................ 16
Travel Time .................................................................................................................................................. 17
Section 7: Hours of Work and Time Tracking.............................................................................................. 18
Core Working Hours .................................................................................................................................... 18
Attendance, Absences, and Scheduling ...................................................................................................... 18
Call Response .......................................................................................................................................... 18
Overlapping Calls .................................................................................................................................... 18
Duty Crew Shift Requirements................................................................................................................ 18
Drills and Training Attendance................................................................................................................ 19
Absences from Calls and Drills ................................................................................................................ 19
Time Tracking Procedures ........................................................................................................................... 19
Paydays ....................................................................................................................................................... 19
Full Time Firefighter Call and Training Documentation .......................................................................... 19
Section 8: Time Away From Work ............................................................................................................... 20
Personal Leave ............................................................................................................................................ 20
Outside Line-Of-Duty Medical Condition ................................................................................................ 20
Pregnancy Leave ..................................................................................................................................... 21
Line of Duty Injury or Illness ................................................................................................................... 21
Reinstatement ............................................................................................................................................. 21
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Section 9: Benefits ...................................................................................................................................... 22
Fire Relief Association ................................................................................................................................. 22
Retirement Benefits ................................................................................................................................ 22
Critical Incident Stress Management ...................................................................................................... 22
Definitions
• Apprentice Firefighter: A member in their second year of service.
• Assistant Chief of Operations: The Assistant Fire Chief who oversees and supervises the daily operations of the fire department.
• Assistant Chief of Training: The Assistant Fire Chief who supervises, manages and coordinates all training of fire department personnel as well as manage professional certifications, and continuing education, community outreach, and recruitment of new Firefighters.
• Drill: Firefighter trainings which may be mandated or voluntary.
• Duty Chief: A fire department employee in a Chief Officer role with responsibilities as designated by the Duty Chief Standard Operating Guidelines.
• Duty Crew: A scheduled group of 2-4 Firefighters, staffing an engine or ladder truck during a designated time.
• Duty Officer: A fire department Fire Officer, with responsibilities as designated in the Duty Officer Standard Operating Guidelines.
• Employee in good standing: Term used by the Fire Relief Association to describe an employee who meets minimum call back percentage requirements, minimum drill attendance requirements, minimum duty crew shift requirements, earns and maintains all required state certifications and is not currently subject to any disciplinary actions by the Fire Department/ City.
• Firefighter: A member who has completed the requirements of an apprentice Firefighter, meets the department’s training requirements and can respond to fire and medical emergency calls and render appropriate aid.
• Fire Officer: A line or command officer position that administers and supervises members of the Golden Valley Fire department. Current Fire Officer positions include: Battalion Chief, Captain, and Lieutenant.
• GVFD: the Golden Valley Fire Department
• Paid On-Call Firefighters (POC FF): Firefighters with the GVFD who respond to paged calls for service during scheduled shifts and unscheduled callbacks.
• Paid On-Call Response: calls for service which require emergency responders, including
unscheduled POC FF. responding to paged calls for service unscheduled time.
• Probationary Firefighter: A GVFD employee who is completing first year of GVFD training. The probationary period is typically one year but may be extended as required.
• Shift Lead: An appointed Firefighter who serves in a supervisory / line officer role during a scheduled duty crew shift.
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Section 1: Introduction
Purpose
The Golden Valley Firefighter Policy Manual (“Policy Manual”) establishes policies and procedures for administration and operation of the Golden Valley Fire Department. This version of the Policy Manual supersedes and replaces all prior versions. In addition to this Policy Manual, all employees must follow the policies and procedures listed within the City of Golden Valley Employee Handbook (the “Employee Handbook”) and the GVFD operational guidelines detailed within the Standard Operating Guidelines. In the event of a conflict between this Policy Manual, the Employee Handbook, this Policy Manual shall control. In the event of a conflict between this Policy Manual and the Standard Operating Guidelines, Policy Manual shall control. All Golden Valley Firefighters, including variable hour and full-time or part-time regular employees whose job responsibilities include fire suppression, must follow policies and procedures listed within this Policy Manual. Neither this Policy Manual, nor the Employee Handbook, contain all the information employees need during the course of employment or address every question or situation that may arise in the workplace. The City will provide information verbally and through various notices, and when there is a change in policy, will notify employees of updates to the Policy Manual. Employees should exercise reasonable and proper judgement in all aspects of employment and should direct any questions about this Policy Manual to their supervisor, the Fire Chief, or Human Resources.
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Section 2: Continued Employment
At-Will Employment
Neither this Policy Manual or the City Employee Handbook nor any of the City’s policies are intended to be a contract between the City and its employees. The policies in this guidebook and City handbook may not be construed as contractual provisions. Employment is considered at-will, which means the employee, or the City may choose to terminate the employment relationship at any time for any reason, subject to limitations imposed by law.
Full-Time City Employees
In general, full-time city employees are not eligible to be Paid On-Call Firefighters with the City of Golden Valley. Exceptions may apply and must be approved by the Fire Chief and the City Manager.
Probationary Period
All variable hour Firefighters are required to serve a one-year probationary period. As is true throughout the employment relationship, employees are at-will employees during their probationary period, which means that they may be transferred, demoted to another position, or dismissed without cause at any time and without advance notice. The probationary period is not guaranteed employment. Probation for an individual employee may be extended up to six additional months by the City Manager upon recommendation of the Fire Chief. All Firefighters promoted to a position of greater responsibility will serve a one-year probationary period. Employees who transfer to an equivalent position within a different department, or employees demoted to a lesser position, voluntary or otherwise, shall serve a six-month probationary period.
Physical Expectations
Firefighters are required to meet standards of physical ability to effectively perform Firefighter duties. Firefighters are required to demonstrate their ability to pass the physical examination and medical examination prior to beginning employment. Additionally, all Firefighters are required to demonstrate their ability to pass the medical examination prescribed by the department at least once every three years. If a current employee fails to meet the standards, they may be suspended without pay from all firefighting duties until able to pass the medical exam. Failure to pass a retest within six months may result in disciplinary action up to and including termination.
Driver’s License
Firefighters are required to hold a valid State of Minnesota driver’s license. Employees shall notify the Fire Chief of any suspensions, revocations, or other matters impacting or restricting the employee’s driving privileges or insurability. Employee’s whose driver’s license has been suspended or revoked may face disciplinary action. The City will periodically conduct driver’s license checks to verify driving records and the current status of each employee’s driver’s license. If a current employee fails to maintain a valid Minnesota driver’s license, they may be suspended without pay from all firefighting duties until they obtain a valid license. Failure to obtain a valid license within six months may result in disciplinary action up to and including termination.
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Firefighter Certifications and Training
Employees must maintain all GVFD required certifications in accordance with Minnesota Fire State Certification Board requirements. Firefighters are required to obtain and maintain the following certifications:
• Firefighter I (NFPA 1001) (1st year) • Firefighter II (NFPA 1001) (1st year) • Emergency Medical Responder (EMSRB) or higher (EMT or Paramedic) (1st year) • Hazardous Material Operations (NFPA 1072) (1st year) • Fire Apparatus Operator - Pumper (NFPA 1002) (2nd year) • Fire Apparatus Operator – Aerial (NFPA 1002) (2nd year) • Blue Card Incident Command Certification (3rd year) • Minnesota Board of Firefighter Training and Education License (full-time employees only) All Firefighters must be certified in Firefighter II and Hazardous Materials Operations before they are permitted to enter an atmosphere that is Immediately Dangerous to Life and Health (IDLH) (as that term is defined by the National Institute for Occupational Safety and Health (NIOSH)during emergency operations.
Employees who fail to maintain their certification levels may be suspended without pay from all firefighting duties until they become recertified. Failure to recertify within six months may result in disciplinary action up to and including termination.
Employees shall not perform any duty for which they have not been trained.
Training and Drills The GVFD believes high levels of participation in employee training and drills directly improves safety and job performance. GVFD will provide, at its expense, certification training for all new Firefighters and ongoing training and drills necessary for Firefighters to maintain certifications. All Firefighters are required to complete the training and drills necessary to obtain and maintain their certifications.
In addition, all employees must satisfactorily complete any department trainings and drills designated as mandatory.
Additional Training Guidelines Employees may request additional job-related training that will assist the employee in performing their essential job functions and increase the employee’s contribution to GVFD. Firefighters must request permission from the Assistant Chief of Training for review and approval to attend a desired training at the City’s expense. The request must include applicable course of study, purpose, job relevance, cost, dates, times of coursework, and the name of the institution or source of the training. Eligible expenses include course registration, fees, and materials. Employees shall receive their regular rate of pay for hours attending class. Employees may also receive drill credit under the following conditions:
• The class occurs during regularly scheduled drills, and
• The call credit is pre-approved in writing by the Assistant Chief of Training or their designee. All training requests are subject to department budget.
Training Certifications To be eligible for Fire Relief Association, “good time” service credits, employees must maintain all GVFD required certifications in accordance with the Minnesota Fire Service Certification Board (MFSCB),
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Emergency Medical Services Regulatory Board (EMSRB) and Blue Card requirements. Employees who do not meet the recertification requirements and whose certifications lapse may be suspended with or without pay until they obtain their certifications. Additionally, all costs associated with re-certification of (a) lapsed certification(s) is at the expense of the employee. Employees who pursue additional certifications without following the pre-approval process shall be responsible for the expense and maintenance of such certifications. The following certifications are required:
• Apprentice FF (after 1 year on the department) has
o FF-I,
o FF-II (Recertify every 3 years),
o Hazmat Ops (Recertify every 3 years),
o ICS 100,
o ICS 200,
o ICS 700,
• Firefighter (after 2 years on the department) has added
o EMR or higher (EMT or Paramedic) (Recertify every 2 years)
o FAO – Pumper and FAO – Aerial (Recertify every 3 years)
• Firefighter (after 3 years on the department) has added
o Blue Card Incident Command (Recertify every 3 years)
Responding to Fire Calls and Fulfilling Duty Crew Requirements
Paid On-Call Response GVFD is responsible for responding to emergency situations in a timely fashion with adequate resources. All employees are encouraged to respond without delay to emergency calls for their assigned station in a safe and timely manner. Employees should respond only to their assigned stations and not to an emergency scene or another station, unless approved by the Fire Chief.
Duty Crew Response Firefighters are required to work duty crew shifts and all Fire Officers are required to participate in the Duty Officer/Duty Chief program. All minimum shift requirements are prescribed in Standard Operating Guidelines (SOGs) and may be modified by the Fire Chief at any time.
Performance and Discipline
All employees are subject to the performance and disciplinary policies within the Employee Handbook and this Policy Manual. In addition, employees are subject to regular performance evaluations. Unsatisfactory performance evaluations may result in disciplinary action, up to and including termination. Variable hour employees who are covered by the Fire Relief Association and are subject to disciplinary action may lose service credits toward their pension benefit.
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Section 3: Workplace Rules
Confidential Information
All employees must abide by the Minnesota Government Data Practices Act. Firefighters may come into contact with non-public, private and confidential data during the course of their employment. For example, most information regarding a fire department incident is considered confidential information. Employees must not disclose confidential information to others or use it to further their personal interest. GVFD will provide annual data practices training for Firefighters. Violation of this policy may result in disciplinary action, up to and including termination.
Work Outside the City
Firefighters are permitted to work outside of the City. Employees with outside employment are still required to maintain attendance requirements as listed in the Attendances and Absences section herein. Full-time Firefighters must follow the Outside Employment policy in the City Employee Handbook
Employees may not use City equipment, resources, or staff for any purpose outside the scope of the employee’s duties with the City. Employees may not receive compensation or gifts from any individual or organization for services performed during the hours for which they are also being compensated by the City.
While on a duty crew shift employees are expected to fulfill duties of a Firefighter, including trainings/drills and assigned duty crew duties. Employees may perform incidental and infrequent work for their primary employer as needed only if it does not interfere with their Firefighter duties.
Appearance and Dress
In addition to the requirements listed below, all Firefighters are required to follow the City of Golden Valley Employee Handbook section on Appearance and Dress.
Uniforms All employees of the Fire department will be provided uniform attire. Firefighters must follow the GVFD uniform designation standards below. The Fire Chief may alter the uniform assignments at any time. • Formal Events: Employees must wear their Class B (Chief-level officers Class A) uniform. • Public Functions or Standby Details: Employees must wear their Class B uniform. • Duty Crew or Training Drills: Employees must wear their Class C uniform
Employees may not wear GVFD uniforms of any class while off-duty.
Personal Protective Equipment The City requires the use of personal protective equipment (PPE). The City shall assign PPE to each Firefighter for the sole purpose of GVFD use. Required PPE shall be determined by the Fire Chief and may be updated or changed at any time. Employees are required to be in possession of their assigned PPE at all calls, while on duty crew, during any scheduled training, and during special duty assignments. Employees are responsible for ensuring all gear and equipment is clean and in working order. All equipment and gear are subject to inspections by the GVFD. Employees must immediately report any missing or damaged items to their station supervisor. Employees may not participate in any firefighting activities if any PPE is damaged or missing. Employees shall store their gear in their assigned station locker. Using or tampering with another
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employee’s PPE is cause for disciplinary action, up to and including termination. In addition to assigned PPE, employees may request substituted and additional equipment if all the following conditions are met: 1. The equipment is approved by the Fire Chief in advance, 2. PPE is purchased and maintained in good working condition by the employee, and documented appropriately during routine and advanced inspections The City will not be responsible for the cost to replace individually purchased equipment but may provide GVFD-issued equipment as a replacement upon request.
Self-Contained Breathing Apparatus (SCBA) Mask The GVFD shall properly fit each employee with an appropriate face piece. Employees may not have any facial hair growth that comes between the rubber seal surface of the face piece and the Firefighter’s face (29 CFR 1910.134). Employees must ensure all PPE is worn properly as to not interfere with the seal of the face piece. The City shall also supply an eye spectacle kit to each employee who wears corrective lens eyewear.
Identification The GVFD issues a photo identification/building access card to all employees. These cards are for the use by the assigned employees only and may not be transferred or loaned to anyone else, including other Golden Valley employees. To maintain security, lost or stolen cards must be immediately reported to the employee’s supervisor and the Assistant Chief of Operations. Employees may be charged for lost cards.
Identification cards are property of the City of Golden Valley and must be returned upon termination of employment or at the request of management.
To ensure the security of both employees and community members, GVFD Firefighters are required to always display proper identification while performing City business. Firefighters are also required to wear identifiable uniforms and applicable PPE while responding to calls, including entering businesses and residences, and while performing City business.
Safety Exposures
Employees shall notify a Fire Officer of any potential exposures to any hazardous materials or contagious or infectious diseases they encounter on duty. Employees must also follow the City’s injury and illness reporting policies, including completing the required paperwork (See Employee Handbook). Failure to report any injuries received on duty may impact an employee’s ability to receive benefits from the City’s workers compensation insurance provider and may impact the employee’s ability to collect benefits from the relief association.
Blood Borne Pathogens Employees of the Golden Valley Fire Department are first responders to medical emergencies and incidents that place them at risk for exposure to infectious diseases by coming into contact with blood, non-intact skin, mucous membranes and body fluids, secretions, and excretion, regardless of whether they contain visible blood. Exposure and potential infection can also result from discarded emergency medical items such as needles, sharps, bandages, and gauze. All employees must follow the Golden Valley Fire Department Blood Borne Pathogen Exposure Control Plan when on duty to minimize their chance of exposure (See Standard Operating Guidelines: Appendix A).
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Additional safety protocols and practices may be found in this Policy Manual or the GVFD Standard Operating Guidelines.
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Section 4: Facilities and Equipment
Fire Station Access
All three fire stations must remain locked and secured from public access. Access to fire stations is controlled by access cards, FOBs, and security codes, which are provided to employees and may not be shared with others. The general public may be invited to visit a fire station so long as they are accompanied by an employee of the Fire Department at all times. Employees are responsible for the individuals they bring into the building. Contractors performing authorized work may be let into the station and do not need to be supervised. Fire stations may be designated as a polling place for elections. Access to the station for elections will be controlled by the City Clerk or their designee.
Pagers and Portable Radios
Golden Valley Firefighters are provided a pager and charger as the primary means of call notification. Employees must ensure that their pagers are turned on, charged, and carried with them while working a scheduled shift and whenever practicable outside of scheduled shifts. It is the responsibility of the employee to safeguard the pager from damage or risk of theft.
In addition to a pager, Fire Officers are provided a portable radio, radio strap and charger as the primary means of communication between Fire Officers and Hennepin County dispatch. Officers must ensure that their portable radio is always charged, turned on, and carried with them while working a scheduled shift and whenever practicable outside of scheduled shifts. It is the responsibility of the Officer to safeguard the radio from damage or risk of being stolen.
Cell Phone Notifications
All employees of the Fire Department are provided access to a call and messaging notification system as a secondary means of receiving fire calls and messages from management. Employees who use this optional system are responsible for ensuring the data remains confidential and is not shared with or accessed by any person(s) outside the Golden Valley Fire Department. Employees using personal devices for City business must follow all City policies and state laws, data retention requirements, and City-identified security standards. The City of Golden Valley assumes no responsibility or liability for costs incurred for personally owned mobile devices that are connected to or installed on City systems. This includes, but is not limited to, text message fees, maintenance or upgrades of hardware or software for any purpose, licensing requirements, or as related to employee responsibility to comply with legal discovery requests. The employee waives all liability claims against the City for any property or data loss that may occur as a result of the legal discovery process and agrees to cooperate with the City in the event of any data practices or discovery requests for City data stored on the employee’s personal device.
Camera Use
Employees are prohibited from using the camera function of their personal mobile device while on emergency calls or during any call response. Authorized personnel are permitted to use portable electronic devices issued by the GVFD to take photos on duty. Employees may only use City-issued devices for investigation and training purposes. Any images, videos, or other recordings taken by the employee in the course of duty are the sole property of the City and must be treated in compliance with
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HIPPA privacy rules and the Minnesota Government Data Practices Act (MGDPA). This includes any images or recordings captured, whether intentionally or inadvertently, with an employee’s personally owned cell phone camera or other digital imaging devices, including helmet cameras.
Furthermore, images and videos that an employee takes in the course and scope of their employment may not be used, printed, copied, scanned, e-mailed, posted, shared, or distributed in any manner without the express written approval of the Golden Valley Fire Chief and all such dissemination must be in compliance with the MGDPA. This prohibition includes sharing images via text message, email, or group chat applications, as well as posting images on personal websites, any social networking sites, or on other public safety agency websites or chats.
Use of City Vehicles
Employees may only use a fire department vehicle for official City use. Employees may not drive a City vehicle until they fulfill all the training requirements and are authorized by the Fire Chief.
Fire Officers serving as Duty Chief or Duty Officer may use a City response vehicle for infrequent personal activities, provided they remain within 12 minutes travel distance to a Golden Valley Fire station.
Idling No fire department vehicle is to be left idling during non-emergency situations except for the following reasons:
• The truck’s diesel emission system has gone in the regen mode. • The outdoor air temperature is below freezing, and the vehicle has either equipment or water on board that is subject to damage from the cold temperatures. • The outdoor air temperature is greater than 90 degrees F and the vehicle has equipment on board that is subject to damage from the extreme heat. • The devices in the vehicle need power for charging. • The vehicle is being used in a non-emergent use such as traffic control where the emergency lights are being used. • The vehicle is on an emergency call.
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Section 5: Code of Conduct
Firefighter Code of Ethics
A Golden Valley Firefighter has a responsibility to conduct themselves in a manner that reflects proper ethical behavior and integrity. In so doing, will help foster a continuing positive public perception of the fire service. Golden Valley Firefighters will be held to the following standards of conduct: • Always conduct myself, on and off duty, in a manner that reflects positively on myself, my fire department and the fire service in general. • Accept responsibility for my actions and for the consequences of my actions. • Support the concept of fairness and the value of diverse thoughts and opinions. • Avoid situations that would adversely affect the credibility or public perception of the fire service profession. • Be always truthful and honest and report instances of cheating or other dishonest acts that compromise the integrity of the fire service. • Conduct my personal affairs in a manner that does not improperly influence the performance of my duties or bring discredit to my organization. • Be respectful and conscious of each member’s safety and welfare. • Recognize that I serve in a position of public trust that requires stewardship in the honest and efficient use of publicly owned resources, including uniforms, facilities, vehicles and equipment and that these are protected from misuse and theft. • Exercise professionalism, competence, respect and loyalty in the performance of my duties and use information, confidential or otherwise, gained by virtue of my position, only to benefit those I am entrusted to serve. • Avoid financial investments, outside employment, outside business interests or activities that conflict with or are enhanced by my official position or have the potential to create the perception of impropriety. • Never propose or accept personal rewards, special privileges, benefits, advancement, honors or gifts that may create a conflict of interest, or the appearance thereof. • Never engage in activities involving alcohol or other substance use or abuse that can impair my mental state or the performance of my duties and compromise safety. • Never discriminate on the basis of race, religion, color, creed, age, marital status, national origin, ancestry, gender, sexual preference, medical condition or handicap. • Never harass, intimidate or threaten fellow members of the service or the public and stop or report the actions of other Firefighters who engage in such behaviors. • Responsibly use social networking, electronic communications, or other media technology opportunities in a manner that does not discredit, dishonor or embarrass my organization, the fire service and the public. I also understand that failure to resolve or report inappropriate use of this media equates to condoning this behavior. Developed by the National Society of Executive Fire Officers
Personal Expectations
All members of the department are expected to:
• Carry out their responsibilities and provide communication in a calm, positive, and professional manner, especially in emergency situations; • Complete training requirements established by the Fire Department;
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• Understand and follow this Firefighter Policy Manual, the City of Golden Valley Employee Handbook, and any other department and City policies or procedures; • Meet minimum attendance and participation requirements; and • Demonstrate the City’s shared expectations of customer focus, teamwork, knowhow, work/life balance, open communication and positive attitude. In general, employees are responsible for upholding the reputation of the City of Golden Valley Fire Department and the City of Golden Valley.
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Section 6: Compensation
All compensation, including stipends and hourly rates of pay is set by annual resolution of the City Council.
Starting Compensation
Pay rates for the ranks of Probationary Firefighter, Apprentice Firefighter, Firefighter, Lieutenant, Captain, and Battalion Chief shall be set by the City Council annually as part of the budget process. Newly hired Paid on-Call employees will typically be hired as Probationary Firefighters at the applicable pay rate. Exceptions may be approved by the Fire Chief.
Temporary Assignment Compensation
When there is a Fire Officer vacancy due to an extended leave or the position was vacated with less than one year remaining in the Fire Officer’s term, the vacancy may be filled by appointment by the Fire Chief. Employees appointed to fill such a vacancy shall receive the pay rate associated with the Officer position they have been appointed to fill.
Paid On-Call Compensation
Paid On-Call Firefighters are paid based on the following:
Paged Events: Employees are paid their regular hourly wage for time spent on paged calls/events subject to the following:
• All responding employees receive a minimum of one hour of pay for an initial response to a fire call
• After the first hour, all responding employees will be paid be paid for time worked in quarter-hour (15 minute) increments See Section 7 for rules applicable to overlapping calls.
Non-Paged Events: Non-paged events include but are not limited to: drills, public education, community engagement or outreach activities, etc. Employees are paid their regular hourly wage for time spent on non-paged calls/events. All time is paid in quarter-hour (15 minute) increments.
Duty Officer and Duty Chief Compensation
Fire Officers serving as either the Duty Officer or Duty Chief receive one stipend for each shift.
Shift Lead Compensation
Shift Leads are paid their regular hourly wage for time spent responding to calls, attending training, and for any additional or special duty assignments. In addition, non-Officer Shift Leads will receive a stipend per duty crew shift while serving as the Shift Lead on a shift. Paid on-Call Firefighters who are qualified as Shift Lead but are not working in the assigned Shift Lead position for a shift will not receive the Duty Crew Shift Lead stipend for that shift.
Holiday Compensation
Effective August 1, 2023, a Paid On-Call Firefighter scheduled to work or responding to paged calls on both recognized and observed City holidays shall be paid 1.5x their regular hourly wage for all hours worked between 0001 hours and 2359 hours.
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An employee scheduled as the Duty Officer or Duty Chief on recognized and observed City holidays shall be paid 1.5x their regular stipend for time spent waiting to be engaged and 1.5x their regular hourly wage for all hours worked between 0001 hours and 2359 hours.
Travel Time
Employees may be eligible for pay while traveling for City business. Travel time may be paid if it meets one of the criteria below:
• Employee is required to travel from their assigned station to a different worksite for the purposes of City business, such as training, drills, or community engagement.
• Employee must retrieve their PPE and uniform from their assigned station and travel to another station to fulfill duty crew shift. Under this circumstance, travel time of more than 15 minutes must be approved by the Duty Chief.
• Employee is traveling in a City vehicle for the purposes of City business.
• Employee is traveling in a personal vehicle or City vehicle to a pre-approved training outside the employee’s normal work site. Passengers may be compensated if they meet the requirements above and the requirements of the Hours of Work and Time Tracking section of the Employee Handbook. Travel between home and work site is considered normal commuting time and is not eligible for compensation. In addition, employees may be eligible for mileage reimbursement. Employees will be reimbursed for using their own vehicles for City business at the IRS standard mileage rate. Mileage and Expense Report forms are available from the Finance Department. All travel and mileage reimbursement are subject to Section 11 of the Employee Handbook.
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Section 7: Hours of Work and Time Tracking
Core Working Hours
The regular workweek for Paid On-Call Firefighters consists of a variable number of hours, which may include calls for service, duty crew shifts, training opportunities, special work details, and/or public education/community outreach events. Paid On-Call Firefighters may not work 30 or more hours per week, including Duty Crew shifts, drills, and public education/outreach events.
Attendance, Absences, and Scheduling
Golden Valley Firefighters are required to maintain drill/training, call attendance and duty crew shift minimums set forth in this policy. All Firefighters are responsible for using the prescribed scheduling system and reporting to work for any scheduled shifts or required events and activities.
Call Response A Firefighter must maintain a minimum of:
• 33 percent response to paged calls for their assigned station during the time frame of weekdays Monday – Friday from 6am to 6pm (60 hour window of time) or weekday nights and weekends (108 hour window of time); or
• 20 percent response to all paged calls for their station on a 24 hour a day/7 day a week basis (168 hour window of time).
Effective October 1, 2023, fire department leadership shall review the fire call response for each Firefighter on a quarterly basis: January 1-March 31, April 1-June 30, July 1-September 30, and October 1-December 31. Probationary Firefighters are exempt from call percentage requirements during the first two quarters of employment, or until completion of initial fire academy training, whichever is later. Employees who do not meet the required call percentages may be subject to disciplinary action. Full-time Firefighters and Chief Officers are exempt from call percentage requirements.
Overlapping Calls A Firefighter who responds to a call at their assigned station and is paged to another call for their station before the initial call is cleared shall only receive credit of one call toward a Firefighter’s call percentages. If a Firefighter responds to a subsequent call for another station or an “all call” the Firefighter will receive credit for the subsequent calls. The purposes of this policy, a “cleared call” means that all trucks and equipment are back in service, and the responding Firefighters signed the pay sheet.
Duty Crew Shift Requirements All paid on call Firefighters are required to work duty crew shifts. Shift minimums are set annually by the Fire Chief. While working a scheduled duty crew shift, each call coded as a station call shall count as a 1/1 addition toward a Firefighter’s call percentage requirements. Employees who work duty crew shifts beyond the minimum requirements may be eligible for additional incentives.
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Drills and Training Attendance Firefighters are required to attend 100 percent of drills and training designated as required by Fire Department Administration. Firefighters are required to attend a minimum of 50 percent of all non-required training sessions. Effective October 1, 2023, fire department leadership shall review training drill attendance on a quarterly basis: January 1 – March 31, April 1 – June 30, July 1 – September 30, October 1 – December 31. Probationary Firefighters are exempt from drill percentage requirements during the first two quarters of employment with Golden Valley, or until completion of initial fire academy training, whichever is later.
Absences from Calls and Drills A Firefighter who is unable to attend a mandatory training must notify their station supervisor in advance. If an employee misses a mandatory training the employee must complete the training with a mutually agreed upon timeframe by the Fire Chief and employee. An employee who fails to meet this requirement may face disciplinary action, up to and including termination. A Firefighter who has not responded to calls for service, worked any duty crew shifts, or attended any training for over 30 consecutive days without following the leave request policies shall be terminated.
Time Tracking Procedures
Every Firefighter is responsible for accurately reporting time worked. Fire Officers and Shift Leads must also properly report the number of stipends earned over a pay period.
Paydays
The City establishes the upcoming year payroll period schedule. Paid On-Call Firefighters are paid on Fridays every 4 weeks. The pay period begins on a Saturday at 0001 hours and ends on a Friday at 2359 hours. All employees follow time tracking procedures outlined in the Golden Valley Employee Handbook.
Full Time Firefighter Call and Training Documentation Full time Firefighters are required to document attendance of training and fire call attendance by signing the appropriate paperwork or entering information into the records management system.
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Section 8: Time Away From Work
Personal Leave
Personal leave is an unpaid leave which excuses variable-hour Firefighters from Firefighter duties. Employees may request a leave of absence in 30-day increments, not to exceed 90 days total within a three-year period. A personal leave may only extend beyond 90 days with the approval of the Fire Chief. While on personal leave, Firefighters are exempt from call percentages, drill and training attendance requirements and percentages, and Duty Crew shift work. Employees on a personal leave may not respond to any calls for service.
Employees requesting personal leave shall submit the request in writing to the Fire Chief, who has the sole discretion to approve or deny any requests. Officers requesting personal leave for a period of more than 30 days may forfeit their rank.
While on a personal leave, employees do not accrue service time. See Fire Relief Association section.
Full-time Firefighters must follow leave policies stated within the City of Golden Valley Employee Handbook.
Medical Leave
A medical leave of absence is an unpaid leave based on an injury, illness, or medical condition that prevents a variable-hour Firefighter from performing one or more functions of their job responsibilities.
Outside Line-Of-Duty Medical Condition Employees requesting a medical leave must notify their reporting officer in writing as soon as practically possible. The City may require verification of inability to work from the employee’s qualified health care provider. The City may require recertification from the employee’s qualified health care provider every 30 days until employee reaches maximum medical improvement and is either (a) cleared for duty; or (b) is unable to return to work. A medical leave may only extend beyond 90 days with the approval of the Fire Chief or if the leave is a pregnancy leave as detailed in the section below. Employees may also be entitled to reasonable accommodations or other Family Medical Leave Act policies. Employees should reference the Employee Handbook section on Accommodations for Disabilities and Accommodations for Pregnant and Nursing Mothers.
Employees on a medical leave are exempt from call percentages and drill/training attendance requirements and percentages, and Duty Crew shift requirements. Employees must keep their reporting officer apprised of their expected date of return.
Firefighters returning to duty following a medical leave must be cleared to return to duty without restrictions by their treating physician before returning to full firefighting duties. Employees may also be required to pass a fit for duty return to work exam by a medical specialist at the City’s expense. An employee who does not pass this exam shall not return to service and shall continue on an unpaid leave until such time when the employee does pass the fit for duty return to work exam. All subsequent return to work exams shall be at the expense of the employee. An employee must pass the return to work exam within one calendar year from the time they are cleared for duty by their treating physician. Employees who do not pass the return to work exam within this period of time may be subject to termination.
Employees returning to work are responsible for making up any missed training to maintain required certifications.
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While on a medical leave of absence or during a period of time where employee is not cleared for full duty employees may not accrue service time. See Fire Relief Association section.
Pregnancy Leave Paid on-call firefighters who are pregnant may be eligible for a medical leave based on work restrictions due to pregnancy, childbirth or related health conditions. Employees must notify their reporting Officer as soon as practically possible and provide documentation from their qualified health care provider.
Line of Duty Injury or Illness Employees who experience a work-related injury or illness and receive worker’s compensation benefits shall continue to accrue service time under the Fire Relief Association bylaws.
Reinstatement
Firefighters who have left GVFD are eligible for reinstatement only when the following criteria are met:
• Left the department in good standing
• Basic GVFD-required certifications are current or an ability to regain those certifications in the timeframe specified by the Fire Chief
• Complete an application for employment
• If greater than 1 year since leaving the department, the former Firefighter must pass the following pre-employment conditions:
o Background checks
o Medical exam
o Physical ability exam
o Pre-employment psychological exam
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Section 9: Benefits
Fire Relief Association
Members of the fire department are automatically members of the Golden Valley Fire Relief Association (GVFRA). The GVFRA manages the pension fund as prescribed in MN State Statute 424A and operate with established bylaws. There is a governing board that is elected from the general membership. In addition, there are three ex-officials which includes the Mayor, Finance Director and the Fire Chief. As a member of the GVFRA, Firefighters are eligible for a pension upon reaching 5 years of service credits on the fire department. At five years, Firefighters are eligible for 40% of their vested pension. For each additional year (12 monthly service credits), Firefighters are eligible for an additional 12%, up to 100% vesting with 10 years with the fire department.
Retirement Benefits The Golden Valley Fire Department Fire Relief Association provides a retirement benefit to members of the Fire Department. Paid On-Call Firefighters with 5 or more years of active service are eligible for a retirement pension. The retirement program is maintained by the Golden Valley Fire Department Relief Association. Details of the program can be found in the Relief Association bylaws, or by contacting a member of the Relief Association Board of Trustees.
Chief Certification of Service Credits
MN Statute 424A.003 requires the Chief to annually certify by March 31 the service credits awarded to each Firefighter for the previous calendar year. This is referred to as “good time.” The Relief Association breaks the pension down into 12 monthly service credits a year. Time that goes against your pension, “bad time,” is the result of time off for personal leaves, suspensions, and non-line-of-duty medical leaves or duty restrictions. This bad time is a cumulative total of time off over the calendar year. Totals are either rounded up or down based on 15 days as the midpoint of a monthly service credit.
Firefighters accrue service credits, “good time,” when they are actively responding to calls for service, attending training, and maintaining scheduled shift requirements. Employees also continue to earn service credits during periods of time where they are unable to respond to calls or have been placed under duty restrictions by a healthcare provider due to an incident that occurred in the line of duty as a Golden Valley Firefighter.
The Fire Chief shall calculate service credits for each Firefighter in January and send a report to each Firefighter for their review. Each Firefighter has the right to appeal the calculation to the Fire Chief and submit information that supports their appeal. The Fire Chief’s decision is final.
Health and Wellness
The City promotes improved health and fitness by providing access to the workout facility in the Public Safety building for Golden Valley Fire Department employees. Employees who wish to use the workout facility must sign a Fitness Facility Waiver of Liability. Employees may use the facility while on duty crew shift without interference from performing primary responsibilities. Employees may use the workout facility while not on duty but shall not paid for such time.
Critical Incident Stress Management A critical incident stress debriefing group session led by a team of specially trained mental health
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professionals and peer counselors is provided to any Golden Valley Fire Department employee who requests a session following a critical incident. Fire Department Employees may also contact the City of Golden Valley’s Employee Assistance Program or MnFIRE for assistance.
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EXECUTIVE SUMMARY
Administrative Services
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 5, 2023
Agenda Item
3I. Receive and File June 2023 Quarterly Financial Reports
Prepared By
Sue Virnig, Finance Director
Summary
The quarterly financial report provides a progress report of the following funds:
General Fund Operations
Conservation/Recycling Fund (Enterprise Fund)
Water and Sewer Utility Fund (Enterprise Fund)
Brookview Golf Course (Enterprise Fund)
Motor Vehicle Licensing (Enterprise Fund)
Storm Utility Fund (Enterprise Fund)
Equipment Replacement Fund (Capital Projects Fund)
Brookview Center (Special Revenue Fund)
Human Services Commission (Special Revenue Fund)
Building Improvement Fund (Capital Projects Fund)
Park Improvement Fund (Capital Projects Fund)
Housing Fund (HRA)
Financial or Budget Considerations
As of June 2023, the City of Golden Valley General Fund has used $10,736,096 of fund balance to
balance the General Fund Budget. The report activity is through June 30.
Legal Considerations
N/A
Equity Considerations
N/A
Recommended Action
Motion to receive and file the June 2023 Quarterly Financial Reports.
Supporting Documents
01-Receipt of June 2023 Financial Report.docx
02-Receipt of June 2023 Revenue Report.xls
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03-Receipt of June 2023 Expenditure Report.xls
June 2023 Conservation Recycling.xlsx
June 2023 Water and Sewer Utility.xlsx
June 2023 Brookview Golf Course.xlsx
June 2023 Motor Vehicle Licensing.xlsx
June 2023 Storm Utility.xlsx
June 2023 Equipment Replacement.xlsx
June 2023 Brookview Center.xlsx
June 2023 Community Services Commission.xlsx
June 2023 Building Improvement Fund.xlsx
June 2023 Park Improvement Fund.xlsx
June 2023 HRA Housing Fund.xlsx
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Golden Valley City Council Meeting
August 15, 2023
Agenda Item
3. A. June 2023 Quarterly Financial Reports
Prepared By
Sue Virnig, Finance Director
Summary
The quarterly financial report provides a progress report of the following funds:
General Fund Operations
Conservation/Recycling Fund (Enterprise Fund)
Water and Sewer Utility Fund (Enterprise Fund)
Brookview Golf Course (Enterprise Fund)
Motor Vehicle Licensing (Enterprise Fund)
Storm Utility Fund (Enterprise Fund)
Equipment Replacement Fund (Capital Projects Fund)
Brookview Center (Special Revenue Fund)
Human Services Commission (Special Revenue Fund)
Building Improvement Fund (Capital Projects Fund)
Park Improvement Fund (Capital Projects Fund)
Housing Fund (HRA)
Financial or Budget Considerations
As of June 2023, the City of Golden Valley General Fund has used $3,656,104 of fund balance to
balance the General Fund Budget. The report activity is through June 30.
Recommended Action
Action is to receive and file.
Supporting Documents
•June 2023 General Fund (2 pages)
•June 2023 Conservation/Recycling Fund (1 page)
•June 2023 Water and Sewer Utility Fund (1 page)
•June 2023 Brookview Golf Course (1 page)
•June 2023 Motor Vehicle Licensing (1 page)
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Council Manager Meeting Executive Summary
City of Golden Valley
May 2, 2023
2
•June 2023 Storm Utility Fund (1 page)
•June 2023 Equipment Replacement Fund (1 page)
•June 2023 Brookview Center Fund (1 page)
•June 2023 Human Services Commission (1 page)
•June 2023 Building Improvement Fund (1 page)
•June 2023 Park Improvement Fund (1 page)
•June 2023 Housing Fund (1 page)
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25.00%
Over %
2023 June YTD (Under)of Budget
Type Budget Actual Actual Budget Received
Ad Valorem Taxes $24,843,020 0 8,548 ($24,834,472)0.03%(1)
Licenses 231,555 109,250 192,391 ($39,164)83.09%
Permits 988,650 216,984 1,112,949 $124,299 112.57%
Governmental Agencies Aid
Federal 60,000 0 0 ($60,000)0.00%
Police 18,000 3,750 3,750 ($14,250)20.83%
Fire 16,000 0 0 ($16,000)0.00%
Charges For Services:
General Government 10,815 4,824 5,890 ($4,925)54.46%
Public Safety 35,700 3,784 26,026 ($9,674)72.90%
Public Works 183,625 33,603 104,570 ($79,055)56.95%
Park & Rec 210,025 24,432 119,521 ($90,504)56.91%
Other Funds 865,000 87,575 403,212 ($461,788)46.61%
Fines & Forfeitures 76,640 7,521 40,166 ($36,474)52.41%
Interest On Investments 125,000 0 0 ($125,000)0.00%(2)
Miscellaneous Revenue 175,180 20,195 93,104 ($82,076)53.15%
Transfers In 30,000 2,500 15,000 ($15,000)50.00%(3)
TOTAL Revenue $27,869,210 $514,418 $2,125,127 ($25,744,083)7.63%
Notes:
(1) Payments are received in July, December, and January (delinquencies). First 1/2 is higher due to some full payments.
(2) Investment income allocated at year end.
(3)Transfers are monthly.
Percentage Of Year Completed
City of Golden Valley
Quarterly Budget Report - General Fund Revenues
June 2023 (unaudited)
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Over %2023 June YTD (Under)Of BudgetBudgetActualActualBudgetExpend.
001 Council $478,805 45,610 174,630 ($304,175)36.47%
003 City Manager 1,693,715 108,430 618,227 (1,075,488)36.50% 004 Transfers Out 3,200,000 3,200,000 3,200,000 0 100.00%(1)
005 Admin. Services 2,700,435 436,381 1,234,657 (1,465,778)45.72% 006 Legal 482,395 14,309 173,686 (308,709)36.00% 007 Risk Management 370,000 3,094 171,865 (198,135)46.45%
011 General Gov't. Bldgs.872,100 70,973 482,776 (389,324)55.36% 016 Planning 401,220 33,261 194,903 (206,317)48.58% 018 Inspections 917,025 67,047 425,458 (491,567)46.40% 022 Police 7,705,215 396,820 2,498,311 (5,206,904)32.42% 023 Fire 2,184,600 140,891 804,193 (1,380,407)36.81% 035 Community Development 357,855 21,557 115,023 (242,832)32.14% 036 Engineering 707,665 37,171 275,771 (431,894)38.97% 037 Streets 2,808,670 155,203 1,224,049 (1,584,621)43.58% 066 Park & Rec. Admin.1,016,125 79,597 457,104 (559,021)44.99% 067 Park Maintenance 1,536,370 138,503 691,529 (844,841)45.01% 068 Recreation Programs 437,015 29,069 119,041 (317,974)27.24%
099 Contingencies (2)0 0 0 0 #DIV/0!
TOTAL Expenditures $27,869,210 $4,977,916 $12,861,223 ($15,007,987)46.15%
(1) Transfers will be made in June 2023.(2) $200,000 was transferred to the City Managers Budget per resolution.
City of Golden ValleyQuarterly Budget Report - General Fund ExpendituresJune 2023 (unaudited)
Division
Over
2023 June YTD (Under)%
Budget Actual Actual Budget Current
Revenue
Hennepin County Recycling Grant 35,000 0 0 (35,000)0.00%
Recycling Charges 541,050 39,955 217,300 (323,750)40.16% (2)
Organic Charges 541,050 39,954 217,300 (323,750)40.16%
Miscellaneous Revenues 13,000 0 0 (13,000)0.00%
Interest on Investments 10,000 0 0 (10,000)0.00% (1)
Total Revenue 1,140,100 79,909 434,600 (705,500)38.12%
Expenses:
Recycling 1,179,730 77,212 563,920 (615,810)47.80% (3)
Total Expenses 1,179,730 77,212 563,920 (615,810)47.80%
(1) Interest Earnings are allocated at year-end.
(2) Includes utility billings thru June 2023.
(3) This includes the recycling services thru June 2023.
Further information about projects and financing are located in the 2023-2032 CIP and 2023-2023 Budget.
City of Golden Valley
Quarterly Budget Report - Conservation/Recycling Enterprise Fund
June 2023 (unaudited)
133
Over
2023 June YTD (Under)%
Budget Actual Actual Budget Current
Revenue
Water Charges 5,319,375 487,240 2,280,976 (3,038,399)42.88%
Emergency Water Supply 234,675 21,457 89,243 (145,432)38.03%
Sewer Charges 4,671,425 469,323 2,552,399 (2,119,026)54.64%
Meter Sales 15,000 734 7,357 (7,643)49.05%
Penalties 150,000 20,270 86,336 (63,664)57.56%
Charges for Other Services 0 0 29,882 29,882 #DIV/0!
State Water Testing Fee Pass Through 72,045 5,236 29,351 (42,694)40.74%
Sale of Assets 20,000 0 39,500 19,500 197.50%
Franchise Fees 1,500,000 0 0 (1,500,000)0.00%
Certificate of Compliance 30,000 5,425 24,375 (5,625)81.25%
Micellaneous Revenue 38,000 3,633 25,629 (12,371)67.44%
Other Governments 770,000 0 0 (770,000)0.00%
Interest Earnings 100,000 0 0 (100,000)0.00%
Total Revenue 12,920,520 1,013,318 5,165,048 (7,755,472)39.98%
Expenses:
Utility Administration 7,453,770 587,266 1,060,245 (6,393,525)14.22%(1)
Sewer Maintenance 3,671,715 279,181 1,854,187 (1,817,528)50.50%
Water Maintenance 5,647,650 129,401 2,480,709 (3,166,941)43.92%
Total Expenses 16,773,135 995,848 5,395,141 (11,377,994)32.17%
(1) Depreciation is allocated at year-end.
Further information about projects and financing are located in the 2023-2032 CIP and 2023-2024 Budget.
City of Golden Valley
Quarterly Budget Report - Water and Sewer Utility Enterprise Fund
June 2023 (unaudited)
134
Over
2023 June YTD (Under)%
Budget Actual Actual Budget Current
Revenue
Green Fees 1,180,000 218,698 454,473 (725,527)38.51%
Driving Range Fees 230,000 45,845 102,316 (127,684)44.49%
Par 3 Fees 245,000 49,505 96,671 (148,329)39.46%
Lawn Bowling 75,000 24,267 44,706 (30,294)59.61%
Pro Shop Sales 90,000 21,015 48,914 (41,086)54.35%
Pro Shop Rentals 380,000 80,095 153,449 (226,551)40.38%
Restaurant Sales 1,800,000 370,627 1,075,743 (724,257)59.76%
Winter Activities 0 19 13,846 13,846
Other Revenue 169,000 3,033 66,947 (102,053)39.61%
Interest Earnings 15,000 0 0 (15,000)0.00%(1)
Total Revenue 4,184,000 813,104 2,057,065 (2,126,935)49.17%
Expenses:
Golf Operations 951,495 79,811 368,727 (582,768)38.75%(2)
Course Maintenance 1,362,420 93,684 461,653 (900,767)33.88%
Pro Shop 164,060 25,976 111,968 (52,092)68.25%
Grill 1,854,485 208,923 771,444 (1,083,041)41.60%
Driving Range 93,300 14,466 29,705 (63,595)31.84%
Par 3 Course 54,390 10,600 22,400 (31,990)41.18%
Lawn Bowling 25,515 3,397 14,609 (10,906)57.26%
Total Expenses 4,505,665 436,857 1,780,506 (2,725,159)39.52%
(1) Interest Earnings are allocated at year-end.
(2) Depreciation is allocated at year-end.
Course opened April 13.
Further information about projects and financing are located in the 2023-2032 CIP and 2023-24 Budget.
City of Golden Valley
Quarterly Budget Report - Brookview Golf Course Enterprise Fund
June 2023 (unaudited)
135
Over
2023 June YTD (Under)%
Budget Actual Actual Budget Current
Revenue
Interest Earnings 7,500 0 0 (7,500)0.00% (1)
Charges for Services 544,700 40,687 226,009 (318,691)41.49%
Total Revenue 552,200 40,687 226,009 (326,191)40.93%
Expenses:
Motor Vehicle Licensing 578,175 35,644 251,223 (326,952)43.45%
Total Expenses 578,175 35,644 251,223 (326,952)43.45%
(1) Interest Earnings are allocated at year-end.
June reveue is received in July.
City of Golden Valley
Quarterly Budget Report - Motor Vehicle Licensing Enterprise Fund
June 2023 (unaudited)
136
Over
2023 June YTD (Under)%
Budget Actual Actual Budget Current
Revenue
Interest Earnings 50,000 0 25,299 (24,701)50.60%(1)
Henn County Grant-Decola 0 0 0 0
State DNR Grant 300,000 5,830 5,830 (294,170)
State DEED Grant-Globus 0 0 0 0
Storm Sewer Charges 2,875,000 231,303 1,354,640 (1,520,360)47.12%
Hennepin County 0 0 0
Bassett Creek Watershed 1,450,000 0 0 (1,450,000)
Miscellaneous Receipts 230,900 0 17,414 (213,486)
Total Revenue 4,905,900 237,133 1,403,183 (3,502,717)28.60%
Expenses:
Storm Utility 5,326,805 599,231 1,766,042 (3,560,763)33.15%
Street Cleaning 172,750 12,263 101,607 (71,143)58.82%
Environmental Control 593,120 33,684 198,588 (394,532)33.48%
Debt Service Payments 180,400 0 153,100 (27,300)0.00%(3)
Total Expenses 6,273,075 645,178 2,219,337 (4,053,738)35.38%(4)
(1) Interest Earnings are allocated at year-end.
(2) Depreciation is allocated at year-end and.
(3) Debt service payments and Medicine Lake Rd Improvements will be reimbursed by TIF.
(4) Reserves are being used that were planned.
Further information about projects and financing are located in the 2023-2032 CIP and 2023-2024 Budget.
City of Golden Valley
Quarterly Budget Report - Storm Utility Enterprise Fund
June 2023 (unaudited)
137
2023 Equipment Replacement Fund (CIP) - Fund 5700
2023 June YTD
Budget Total Actual Remaining
Revenues:
Sale of Assets 50,000 147,938 147,938 97,938
Truckster/Toolcat Trade-ins 260,000 75,400 75,400 (184,600)
General Fund Transfer 1,150,000 1,150,000 1,150,000 0
Miscellaneous Receipts 0 0 0 0
Interest Earnings (allocated at year end)30,576 0 0 (30,576)
Total Revenues 1,490,576 1,373,338 1,373,338 (117,238)
Expenditures:
Program #Project Number Project Name
See CIP All Equipment 1,781,705 68,617 750,705 1,031,000
Total Expenditures 1,781,705 68,617 750,705 1,031,000
(1) Computers are replaced every 4-5 years and purchased throughout the year based on available time.
Further information about projects and financing are located in the 2023-2032 CIP and 2022-2023 Budget.
138
Over
2023 June YTD (Under)%
Budget Actual Actual Budget Current
Revenue
Brookview CC Rentals 221,500 35,950 116,910 (104,590)52.78%
Backyard Play Area 241,500 14,328 154,131 (87,369)63.82%
Miscellaneous Revenues 0 0 0 0
Interest on Investments 0 0 0 0 (1)
Total Revenue 463,000 50,278 271,041 (191,959)58.54%
Expenses:
General Area Rooms 474,660 30,668 223,121 (251,539)47.01% (2)
Indoor Play Area 91,035 3,627 29,723 (61,312)32.65%
Total Expenses 565,695 34,295 252,844 (312,851)44.70%
(1) Interest Earnings are allocated at year-end.
(2) Staff Time/Supplies for Brookview Rental
City of Golden Valley
Quarterly Budget Report - Brookview Center Special Revenue Fund
June 2023 (unaudited)
139
Over
2023 June YTD (Under)%
Budget Actual Actual Budget Current
Revenue
Pull Tab (10%) Revenues 35,000 2,082 13,929 (21,071)39.80% (3)
Fundraisers 11,000 150 12,883 1,883 117.12% (4)
Interest on Investments 750 0 0 (750)0.00% (1)
Total Revenue 46,750 2,232 26,812 (19,938)57.35%
Expenses:
Supplies 11,000 0 2,276 (8,724)20.69% (4)
Allocations 60,000 0 60,000 0 100.00% (2)
Total Expenses 71,000 0 62,276 (8,724)87.71%
(1) Interest Earnings are allocated at year-end.
(2) Allocations in 2023 are $60,000.
(3) Pull Tab revenues are thru May.
(4) Solicitation Letters are $1468(net).
(4) Run/Walk- April 15, 2023 $9,138(net).
Fund Balance at 12/31/21 was $169,813.
City of Golden Valley
Monthly Budget Report - Community Services Commission
June, 2023 (unaudited)
140
2023 Building Improvement Fund (CIP) - Fund 5200
2023 June YTD
Budget Total Actual Remaining
Revenues:
Transfer from General Fund 550,000 550,000 550,000 0 (1)
Interest Earnings (allocated at year end)18,241 0 0 (18,241)
Total Revenues 568,241 550,000 550,000 (18,241)
Expenditures:
Project Name
Projects outlined in CIP 1,085,000 239,458 415,155 669,845
Total Expenditures 1,085,000 239,458 415,155 669,845
(1) Transfer will be made in June.
141
2023 Park Improvement Fund (CIP) - Fund 5600
2023 June YTD
Budget Total Actual Remaining
Revenues:
Transfer from General Fund 400,000 400,000 400,000 0
Park Dedication Fee 0 0 0 0
Hennepin County Youth Sports Grant 0 0 0 0
Little League/Youth Associations/Play Eq Grants 0 0 0 0
Other Donations-Benches. etc 0 0 9,640 9,640
Interest Earnings (allocated at year end)9,436 0 0 (9,436)
Total Revenues 409,436 400,000 409,640 204
Expenditures:
Project Name
Park Improvements 1,240,000 6,550 112,602 1,127,398
Total Expenditures 1,240,000 6,550 112,602 1,127,398
Further information about projects and financing are located in the 2023-2032.
142
Over
2023 June YTD (Under)%
Budget Actual Actual Budget Current
Revenue
Property Tax Revenues 241,000 0 0 (241,000)0.00% (1)
Total Revenue 241,000 0 0 (241,000)0.00%
Expenses:
Housing 241,000 25,685 100,935 (140,065)41.88%
Total Expenses 241,000 25,685 100,935 (140,065)41.88%
(1) Interest Earnings are allocated at year-end and property tax payment (July, Dec, Jan).
City of Golden Valley
Quarterly Budget Report - HRA Housing Fund
June 2023 (unaudited)
143
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 5, 2023
Agenda Item
4A. Adopt Resolution No. 23-072 Approving Easement Vacation for Luther Auto Group at 8855
Wayzata Boulevard
Prepared By
RJ Kakach, PE, Assistant City Engineer
Summary
Earlier this year the Luther Company pursued modifications to its existing PUD in the southwest corner
of the city in order to add a new Genesis dealership building between the existing Toyota and
Jaguar/Land Rover dealership buildings. In addition, Luther also sought to build a new parking
structure in the northeast corner of the property, helping to offset the loss of surface parking with the
new dealership and to create additional spaces for inventory storage. An existing drainage and utility
easement on the shared property line between Toyota and Jaguar/Land Rover protrudes into the
proposed Genesis building footprint. A request was made by Luther to vacate this portion of
easement. No public utilities are present within this easement.
A notice of public hearing regarding the proposed easement vacations was published and posted.
Affected properties were also notified as part of the vacation process - the affected properties being
Toyota and Jaguar/Land Rover. Staff sent a letter to all private utility companies requesting their
review and comment, and there have been no objections to these easement vacations. Since the
easements are not adjacent to a public water, notice to the Commissioner of Natural Resources is not
required. The vacations will be recorded by Community Development Administrative staff with the
County upon approval.
Financial or Budget Considerations
NA
Legal Considerations
The vacation process is consistent with Minnesota State Statute and the Resolution has been reviewed
by the City attorney to ensure accuracy and consistency.
Equity Considerations
NA
Recommended Action
Motion to Adopt Resolution No. 23-072 Vacating a Portion of Platted Drainage and Utility Easement
144
RLT 2nd Addition (Lot 2, Block 1).
Supporting Documents
Luther Easement Vacation Exhibit
Resolution 23-072 Vacating D&U Easement RLT 2nd Addition Luther
145
999 9SD NO 270
M N D O T R /W P L A T N O 2 7 -2 5
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1272.6
1 8 83 .17
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EAST
60.39
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907.38
1 6 8 .4 1
VAC DOC 7517793
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(18)
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100 100100100 300300300100100
300300100
100
300EAST
100
30074.07
100
300300100100 100
29 8.9 5 N 8 7°7'4 2 "E
70 1.6 2 N 8 7 °7'4 2 "E
467.36N3°40'22"E32.03 N21°17'45"E
492.07 N88°49'26"W 455.90 N88°49'26"W 2 1 6 .3 N 8 0 °2 5 '2 6 "E487.82 S1°9'57"W300Wayzata Blvd
Interstate Hwy 394
I n t e r s t a t e H w y 3 9 4
Drainage and Utility Esmt
Utility EsmtDrainage and Utility Esmt
8805
8905
0 120 24060Feetby the City of Golden Valley, 4/13/2023 I
Easement to be Vacated
Portion of Drainage and Utility Easement
146
Resolution No. 23-072 September 5, 2023
RESOLUTION VACATING A PORTION OF THAT DRAINAGE AND UTILITY
EASEMENT RUNNING BETWEEN LOTS 1 AND 2, BLOCK 1, RLT SECOND ADDITION P.U.D 91
WHEREAS, a petition signed by the majority of property owners abutting that certain
drainage and utility easement running between Lots 1 and 2, Block 1, RLT Second Addition
P.U.D. NO. 91 (the “Easement”) was received by the City on February 14, 2023; and
WHEREAS, the petition requested that the City Council, pursuant to Minnesota Statute §
412.851 vacate a portion the Easement; and
WHEREAS, the City reviewed and examined the signatures on said petition and
determined that such signatures constituted a majority of the landowners abutting that portion
of the Easement to be vacated; and
WHEREAS, a public hearing to consider the vacation of a portion of the Easement was
initially held on August 15, 2023 before the City Council in the City Hall located at 7800 Golden
Valley Road, Golden Valley, MN at 6:30 p.m. after due published and posted notice had been
given, as well as notice to all affected property owners. The hearing was continued to
September 5, 2023. All interested and affected persons were given an opportunity to voice
their concerns and be heard; and
WHEREAS, the Council in its discretion has determined that the vacation of a portion
the Easement will benefit the public interest because this easement is no longer needed with
the amendment to the P.U.D.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley:
That such petition is hereby granted and the portion of the Easement described as
follows is hereby vacated:
That part of the drainage and utility easement as dedicated on the recorded plat of RLT
SECOND ADDITION P.U.D. No. 90, Hennepin County, Minnesota described as follows, to-wit:
The east 6.00 feet of Lot 1 and the west 6.00 feet of Lot 2, all in Block 1, said RLT SECOND
ADDITION P.U.D. No. 90, excepting the north 50.00 feet thereof and excepting the south 10.00
feet thereof.
Adopted by the City Council of Golden Valley, Minnesota this 5th day of September, 2023.
_____________________________
ATTEST:Shepard M. Harris, Mayor
_____________________________
Theresa Schyma, City Clerk
147
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 5, 2023
Agenda Item
4B. Adopt Resolutions No. 23-073 and No. 23-074, Approving Easement Vacations for Meadowbrook
School at 5430 Glenwood Avenue.
Prepared By
RJ Kakach, PE, Assistant City Engineer
Summary
In 2022, Hopkins School District proposed to expand the existing Planned Unit Development (PUD)
consisting of Meadowbrook Elementary and the Davis Community Center to include 5300 Glenwood
and fully incorporate it into the campus. In addition to 5300 Glenwood, the expansion of the PUD
would also include land along Highway 100, along Glenwood Avenue, and near the exit ramp from
Highway 100 onto Glenwood. This excess right-of-way is not needed by MnDOT, Hennepin County, or
the City and would help to ensure all school uses (such as the running track) are located on school
grounds. The City supports transferring responsibility for some existing infrastructure to the school as
part of this arrangement.
As part of this project, the parking lot at 5300 has been improved to provide a more direct circulation
pattern and better capture and treat stormwater runoff. New lighting and landscaping around the
parking lot were also provided. The existing narrow drive that connects the two properties has been
widened and improved to create a direct route for queueing vehicles. The northeast corner of the
existing east Meadowbrook lot has also been expanded slightly in order to recapture some of the
parking stalls lost during this realignment.
The incorporation of 5300 Glenwood would provide space for school district special education and
virtual learning programs.
The project will also involve a replat of the whole site, therefore the existing platted drainage and
utility easements as well as the portion of Parcel 306B can be vacated.
A notice of public hearing regarding the proposed easement vacations was published and posted.
Affected properties were also notified as part of the vacation process. Staff sent a letter to all private
utility companies requesting their review and comment, and there have been no objections to these
easement vacations. Since the easements are not adjacent to a public water, notice to the
Commissioner of Natural Resources is not required. The vacations will be recorded by Community
Development administrative staff with the County upon approval.
148
Financial or Budget Considerations
N/A
Legal Considerations
The vacation process is consistent with Minnesota State Statute and the Resolutions have been
reviewed by the City Attorney.
Equity Considerations
NA
Recommended Action
Motion to approve Resolution No. 23-073 Vacating Platted Drainage and Utility Easement
Meadowbrook School 3rd Addition PUD No. 90.
Motion to approve Resolution No. 23-074 Vacating The Easement to the Extent Affecting the
Land Described as Part of Parcel 306B In Quit Claim Deed Dated November 12, 2014.
Supporting Documents
Meadowbrook Easement Vacation Exhibit
#23-73 Resolution_090523_Vacate Platted D&U Easement Meadowbrook 3rd Addn.pdf
#23-74 Resolution_090523_Vacating_MnDOT_Parcel_306B.pdf
149
Meadowbrook SchoolEasement Vacations
Sources: Print Date: 7/17/2023-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers.I99999999999986.87N O T T A N G E N T R=1884.08265.08 N53°12'40"E230.64/\=7°00'50"D
=3°30'
T=721.8T=681.33100656.7
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=331.6
/\=47°35'125135 100100175.46 N0°00'53"E92.9
N89°47'23"E 3333Q
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QT 8-15-00134.28R=262.8743.64DOC NO 5477299S89 °4 7'08 "W 125.32
R=1910.1
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23514583.97N89°40'18"W
N O T T A N G E N T
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Vacate Easement
150
Resolution No. 23-073 September 5, 2023
RESOLUTION VACATING ALL PLATTED DRAINAGE AND UTILITY EASEMENTS MEADOWBROOK SCHOOL
3RD ADDITION P.U.D. NO. 90
WHEREAS a petition signed by the majority of property owners abutting all dedicated drainage and
utility easements on Lots 1 and 2, Block 1, Meadowbrook School 3rd Addition, P.U.D. No. 90 according to
the recorded plat thereof was received by the City on July 13, 2023; and
WHEREAS the petition requested that the City Council, pursuant to Minnesota Statute § 412.851
vacate all dedicated drainage and utility easements on Lots 1 and 2, Block 1, Meadowbrook School 3rd
Addition, P.U.D. No. 90 according to the recorded plat thereof; and
WHEREAS the City reviewed and examined the signatures on said petition and determined that such
signatures constituted a majority of the landowners abutting the easements to be vacated; and
WHEREAS a public hearing to consider the vacation of such easements was initially held on August
15, 2023 before the City Council in the City Hall located at 7800 Golden Valley Road, Golden Valley, MN at
6:30 p.m. after due published and posted notice had been given, as well as notice to all affected property
owners. The hearing was continued to September 5, 2023. All interested and affected persons were given an
opportunity to voice their concerns and be heard; and
WHEREAS the Council in its discretion has determined that the vacation will benefit the public
interest because it will clean up the title work associated with the Meadowbrook School campus.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley:
That such petition is hereby granted and the easements described as follows are hereby vacated:
All dedicated drainage and utility easements within Lots 1 and 2, Block 1, MEADOWBROOK SCHOOL 3RD
ADDITION, P.U.D. No. 90 according to the recorded plat thereof, Hennepin County, Minnesota.
Adopted by the City Council of Golden Valley, Minnesota this 5th day of September 2023.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
151
Resolution No. 23-074 September 5, 2023
RESOLUTION VACATING REMANANT PARCEL ABUTTING 5300 GLENWOOD AVENUE
WHEREAS a petition signed by the majority of property owners abutting a remnant parcel bordering 5300
Glenwood Avenue that was conveyed by the Minnesota Department of Transportation to the City of Golden
Valley via quit claim deed dated November 12, 2014 and recorded in the Office of the Hennepin County Recorded
on December 4, 2014 as Document Number A10142271 (the “Parcel”) was received by the City on July 13, 2023;
and
WHEREAS the petition requested that the City Council, pursuant to Minnesota Statute § 412.851 vacate
the Parcel; and
WHEREAS the City reviewed and examined the signatures on said petition and determined that such
signatures constituted a majority of the landowners abutting the Parcel to be vacated; and
WHEREAS a public hearing to consider the vacation of the Parcel was initially held on August 15, 2023,
before the City Council in the City Hall located at 7800 Golden Valley Road, Golden Valley, MN at 6:30 p.m. after
due published and posted notice had been given, as well as notice to all affected property owners. The hearing
was continued to September 5, 2023. All interested and affected persons were given an opportunity to voice their
concerns and be heard; and
WHEREAS the Council in its discretion has determined that the vacation of the Parcel will benefit the
public interest because it removes the City’s infrastructure maintenance responsibilities on this site associated
with the Parcel.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley:
That such petition is hereby granted, and the Parcel known as Part of Parcel 306B C.S. 2735 (100=130-
23)in that certain quit claim deed dated November 12, 2014 and recorded in the Office of the Hennepin County
Recorded on December 4, 2014 as Document Number A10142271, and described as follows is hereby vacated:
That part of Tract A described below:
Tract A. That part of the Southwest Quarter of the Southwest Quarter of Section
19, Township 29 North, Range 24 West, Hennepin County, Minnesota, described as follows: Beginning at
the intersection of the center line of County Road No. 40 (as located and established prior to January 1,
1965) with a line drawn parallel to and 647.84 feet east (measured at right angles) from the east line of
the Southeast Quarter of Section 33, Township 118 North, Range 21 West; thence north along said
parallel line to a point 252.96 feet north of the south line of said Section 19; thence deflecting to the right
100 degrees 27 minutes a distance of 102.5 feet along a line hereinafter referred to as Line A; thence
deflecting to the left 57 degrees 55 minutes a distance of 162.2 feet to the southwesterly line of Trunk
Highway No. 100 (as located and established prior to January 1, 1965); thence southeasterly along said
southwesterly line to its intersection with Line A; thence westerly along Line A to a point thereon 302.5
feet (measured along Line A) easterly from the afore described parallel line; thence deflecting to the left
99 degrees 37 minutes to the center line of said County Road No. 40; thence westerly along said
152
center line to the point of beginning; the title thereto being registered; which lies northerly of Line 1
described below and its easterly extension, northeasterly of Line 2 described below and its southeasterly
extension, and southwesterly of Line 3 described below:
Line 1. From a point on the south line of said Section 19, distant 1399.8 feet east of the southwest corner
thereof, run northwesterly at an angle of 41 degrees 44 minutes from said south section line (measured
from west to north) for 471.6 feet; thence deflect to the left at an angle of 90 degrees 00 minutes for 235
feet to the point of beginning of Line 1 to be described; thence westerly to the point of intersection of the
northeasterly right of way line of said County Road 40 (also known as Glenwood Avenue) with a line run
parallel with and distant 370 feet east of the west line of said Section 19 and there terminating;
Line 2. From a point on the south line of said Section 19, distant 1399.8 feet east of the southwest corner
thereof, run northwesterly at an angle of 41 degrees 44 minutes from said south section line (measured
from west to north) for 681.6 feet; thence deflect to the left at an angle of 90 degrees 00 minutes for 145
feet to the point of beginning of Line 2 to be described; thence southeasterly to the point of beginning of
Line 1 described above and there terminating;
Line 3. Commencing at Right of Way Boundary Corner B10326 as shown on Minnesota Department of
Transportation Right of Way Plat No. 27-103 as the same is on file and of record in the office of the
Registrar of Titles and office of the County Recorder in and for said County; thence southwesterly on an
azimuth of 234 degrees 28 minutes 45 seconds along the boundary of said plat for 280.56 feet to Right of
Way Boundary Corner B10301 and the point of beginning of Line 3 to be described; thence on an azimuth
of 142 degrees 35 minutes 49 seconds for 212.20 feet; thence deflect to the right on a tangential curve,
having a radius of 55.00 feet and a delta angle of 59 degrees 23 minutes 11 seconds for 57.01 feet and
there terminating; excepting there from highway existing prior to January 1, 1965.
Adopted by the City Council of Golden Valley, Minnesota this 5th day of September 2023.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
153
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 5, 2023
Agenda Item
6A. Adopt Resolution No. 23-079, Approval of Plat for Meadowbrook School 4th Addition P.U.D. No.
90 and Approve Amended PUD Permit
Prepared By
Jason Zimmerman, Planning Manager
Summary
At the May 17, 2022, City Council meeting, the Council held a public hearing to consider the
preliminary plat for the amended Meadowbrook School PUD No. 90 located at 5300, 5400, and 5430
Glenwood Avenue. The Council approved the preliminary plat and after a lengthy legal process the
final plat has now been prepared for consideration. City staff have reviewed the document and find it
to be consistent with the approved preliminary plat and the requirements of the City Code.
Staff have modified the PUD permit to reflect the changes approved by the Council as part of the most
recent amendment.
Legal Considerations
Following approval of a preliminary plat, the Council shall grant approval of the final plat, refer the
final plat to the Planning Commission for additional study, or disapprove the final plat stating the
reasons for such action. Action to approve the plat shall be by resolution of the Council and shall be
taken if the applicant has complied with all the conditions, requirements, and provisions of City Code.
Following approval of a final PUD plan or PUD amendment, the Council shall consider a PUD permit
which references the approved plans, permitted uses, and any additional requirements of the PUD.
Equity Considerations
Equity Review was not needed as this item falls under the general course of business for the Planning
Division.
Recommended Action
Motion to Adopt Resolution No. 23-079, Approval of Plat for Meadowbrook School 4th Addition
P.U.D. No. 90.
Motion to Approve PUD Permit for Meadowbrook School PUD No. 90, Amendment 6.
Supporting Documents
Meadowbrook School 4th Addition P.U.D. No 90 - Final Plat - Sheet 1 of 2
154
Meadowbrook School 4th Addition P.U.D. No 90 - Final Plat - Sheet 2
Resolution - Approval of Plat - Meadowbrook School 4th Addition PUD No. 90
Meadowbrook School PUD-90 Amend 6 - Permit - Final
155
MEADOWBROOK SCHOOL 4TH ADDITION P.U.D. NO. 90
SHEET 1 OF 2 SHEETS
PLAT FILE NO.
R.T. FILE NO.
LAND SURVEYING, INC.
CORNERSTONE
KNOW ALL PERSONS BY THESE PRESENTS: That Independent School District No. 270, a Minnesota Public Corporation, owner and
proprietor of following described property situated in the County of Hennepin, State of Minnesota, to wit:
Lot 1, Block 1, Meadowbrook School 3rd Addition P.U.D. No. 90, according to the recorded plat thereof, Hennepin County, Minnesota.
AND
Lot 2, Block 1, Meadowbrook School 3rd Addition P.U.D. No. 90, according to the recorded plat thereof, Hennepin County, Minnesota.
AND
That part of the Southwest Quarter of the Southwest Quarter of Section 19, Township 29, Range 24, Hennepin County, Minnesota,
described as follows, to wit: Commencing at a point 330 feet East of the West line of said Southwest Quarter of the Southwest Quarter of
said Section 19, and 264 feet North of the center line of Glenwood Avenue; thence Southeasterly parallel with said center line of Glenwood
Avenue, a distance of 330 feet to actual point of beginning of the tract of land to be described; thence deflecting to the left at an angle of
73 degrees 17 minutes, a distance of 160.5 feet to the intersection with the Southwesterly right of way line of State Trunk Highway No.
100; thence Southeasterly, along said right of way line to its intersection with the Northerly property line of the following described tract:
That part of the Southwest Quarter of the Southwest Quarter, Section 19, Township 29, Range 24, described as beginning at the
intersection of the center line of County Road No. 40 with a line drawn parallel with and 647.84 feet East, measured at right angles, from
the East line of the Southeast Quarter of Section 33, Township 118, Range 21; thence North along said parallel line to a point 252.96 feet
North of the South line of said Section 19; thence deflecting to the right 100 degrees 27 minutes a distance of 102.5 feet along a line
hereafter referred to as Line "A"; thence deflecting to the left 57 degrees 55 minutes a distance of 162.2 feet to the Southwesterly line of
State Trunk Highway No. 100; thence Southeasterly along said Southwesterly line to its intersection with line "A"; thence Westerly along
line "A" to a point thereon 302.5 feet, measured along line "A"; Easterly from the aforedescribed parallel line; thence deflecting to the left
99 degrees 37 minutes to the center line of said County Road No. 40; thence Westerly along said center line to the point of beginning;
thence Southwesterly and Westerly along the Northerly line of said property line to its intersection with a line parallel with and 677.47 feet
East of the West line of said Section 19, as measured along the center line of said Glenwood Avenue; thence Northerly along said parallel
line to a point, distant 264 feet North of said center line; thence Westerly to the point of beginning.
TOGETHER WITH
All that part of said Southwest Quarter of the Southwest Quarter of Section 19 lying westerly and northwesterly of the above described
parcel, lying easterly and southeasterly of the easterly lines of the plat of Meadowbrook School 3rd Addition P.U.D. No. 90, and lying
northerly of the above described Line “A”
AND
All that part of the following described tract: That part of the Southwest Quarter of the Southwest Quarter, Section 19, Township 29,
Range 24 described as follows: COMMENCING at the intersection of the south line of said Section 19 with a line drawn parallel to and
647.84 feet East (measured at right angles) from the East line of the Southeast Quarter of Section 33, Township 118, Range 21; thence
North along said parallel line 252.96 feet; thence deflect to the right 100 degrees 27 minutes along a line hereafter referred to as Line A
to a point on the southwesterly line of State Highway No. 100 which is the POINT OF BEGINNING; thence westerly along Line A to a point
thereon 302.5 feet (measured along Line A) easterly from the afore described parallel line; thence deflecting to the left 99 degrees 37
minutes to the center line of County Road No. 40; thence easterly along said center line to its intersection with the extension of a line
drawn from a point on the southwesterly line of State Trunk Highway No. 100, distant 175 feet northwesterly along said southwesterly
line from its intersection with the northerly line of County Road No. 40 to a point on the northerly line of said County Road No. 40, distant
175 feet west westerly along the northerly line of County Road No. 40 from its intersection with the southwesterly line of State Highway
No. 100; thence northeasterly to a point on the southwesterly line of State Highway No. 100, distant 175 feet northwesterly along said
southwesterly line, from its intersection with the northerly line of County Road No. 40; thence northwesterly along the southwesterly line
of said State Highway No. 100 to the POINT OF BEGINNING.
Described as follows:
COMMENCING at the intersection of the south line of said Section 19 with a line drawn parallel to and 647.84 feet East (measured at right
angles) from the East line of the Southeast Quarter of Section 33, Township 118, Range 21; thence North along said parallel line 252.96
feet; thence deflect to the right 100 degrees 27 minutes along a line hereafter referred to as Line A to a point on the southwesterly line of
State Highway No. 100; thence North 79 degrees 32 minutes 07 seconds West along said Line A distance of 107.89 feet to a point thereon
302.5 feet (measured along Line A) easterly from the afore described parallel line to the POINT OF BEGINNING; thence deflecting to the
left 99 degrees 37 minutes (South 00 degrees 50 minutes 53 seconds West) a distance of 125.00 feet; thence South 89 degrees 10
minutes 33 seconds East a distance of 48.55 feet; thence North 13 degrees 22 minutes 46 seconds West a distance of 91.00 feet; thence
North 35 degrees 38 minutes 28 seconds West a distance of 44.00 feet to the POINT OF BEGINNING.
AND
That part of the following described tract: That part of the Southwest Quarter of the Southwest Quarter of Section 19, Township 29, Range
24 , Hennepin County, Minnesota; which lies easterly and northeasterly of the northeasterly boundary of the plat Meadowbrook School 3rd
Addition P.U.D. No. 90, and southerly and southwesterly of Line 1 described below: Line 1. Commencing at Right of Way Boundary Corner
B4 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-103 as the same is on file and of record in the office of
the County Recorder in and for said County; thence on an azimuth of 00 degrees 04 minutes 23 seconds along the boundary of said plat
for 66.90 feet to Right of Way Boundary Corner B5 and the point of beginning of Line 1 to be described; thence on an azimuth of 90
degrees 00 minutes 09 seconds for 76.18 feet; thence southeasterly for 295.99 feet on a non-tangential curve, concave to the northeast,
having a radius of 2654.06 feet, a delta angle of 06 degrees 23 minutes 23 seconds and a chord azimuth of 147 degrees 47 minutes 31
seconds; thence on an azimuth of 142 degrees 26 minutes 58 seconds for 276.95 feet to Right of Way Boundary Corner B2 and the
northeasterly boundary of said plat Meadowbrook School 3rd Addition P.U.D. No. 90 and there terminating.
Has caused the same to be surveyed and platted as MEADOWBROOK SCHOOL 4TH ADDITION P.U.D. NO. 90 and does hereby dedicate to
the public for public use forever the public ways and easements for drainage and utility purposes only as shown on this plat.
In witness whereof said Independent School District No. 270, A Minnesota Public Corporation, has caused these presents to be signed by
its proper officers this _________day of __________________, 202__.
INDEPENDENT SCHOOL DISTRICT NO. 270, A MINNESOTA PUBLIC CORPORATION
__________________________________ its ____________________________________
__________________________________ its ____________________________________
STATE OF ________________
COUNTY OF________________
The foregoing instrument was acknowledged before me this _______day of____________, 202__, by ______________________, its
___________________, of Independent School District No. 270, A Minnesota Public Corporation, on behalf of the corporation.
____________________________________________________ ______________________________
Notary Public,_______________________________________ (Printed name)
My Commission Expires________________________________
I Daniel L. Thurmes do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land
Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels
are correctly designated on the plat; that all monuments depicted on the plat have been or will be correctly set within one year; that all
water boundaries and wet lands, as defined in Minnesota Statutes 505.01, Subd. 3, as of the date of this certificate are shown and labeled
on the plat, and all public ways are shown and labeled on the plat.
Dated this _________day of________________, 202__.
______________________________
Daniel L. Thurmes, Land Surveyor
Minnesota License No. 25718
STATE OF MINNESOTA
COUNTY OF WASHINGTON
This instrument was acknowledged before me this _________ day of ___________________, 202__, by Daniel L. Thurmes.
______________________________________ ______________________________________
NOTARY PUBLIC, MINNESOTA (Printed Name)
My Commission Expires January 31, 202__
GOLDEN VALLEY, MINNESOTA
This plat of MEADOWBROOK SCHOOL 4TH ADDITION P.U.D. NO. 90 was approved and accepted by the City Council of Golden Valley,
Minnesota, at a regular meeting thereof held this _____ day of __________________, 20___. If applicable, the written comments and
recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the city or the
prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minnesota Statutes
Section 505.03, Subdivision 2.
CITY COUNCIL OF GOLDEN VALLEY, MINNESOTA
By ___________________________________, Mayor By______________________________, Clerk
RESIDENT AND REAL ESTATE SERVICES, Hennepin County, Minnesota
I hereby certify that taxes payable in the year 20___ and prior years have been paid for the land described on this plat, dated this
________________ day of _____________________, 202__.
Mark V. Chapin, County Auditor By _______________________________________, Deputy
SURVEY DIVISION, Hennepin County, Minnesota
Pursuant to Minnesota Statutes Sec. 383B.565 (1969), this plat has been approved this ________________ day of __________________________,
202__.
Chris F. Mavis, County Surveyor By _______________________________________
REGISTRAR OF TITLES, Hennepin County, Minnesota
I hereby certify that the within plat of MEADOWBROOK SCHOOL 4TH ADDITION P.U.D. NO. 90 was filed in this office this ___________ day
of _________________, 202__ at _______________ o'clock ____.M.
_______________________________________, Registrar of Titles By _______________________________________, Deputy
156
MEADOWBROOK SCHOOL 4TH ADDITION P.U.D. NO. 90
SHEET 1 OF 2 SHEETS
PLAT FILE NO.
R.T. FILE NO.
LAND SURVEYING, INC.
CORNERSTONE
KNOW ALL PERSONS BY THESE PRESENTS: That Independent School District No. 270, a Minnesota Public Corporation, owner and proprietor of
following described property situated in the County of Hennepin, State of Minnesota, to wit:
Lot 1, Block 1, Meadowbrook School 3rd Addition P.U.D. No. 90, according to the recorded plat thereof, Hennepin County, Minnesota.
AND
Lot 2, Block 1, Meadowbrook School 3rd Addition P.U.D. No. 90, according to the recorded plat thereof, Hennepin County, Minnesota.
AND
That part of the Southwest Quarter of the Southwest Quarter of Section 19, Township 29, Range 24, Hennepin County, Minnesota, described
as follows, to wit: Commencing at a point 330 feet East of the West line of said Southwest Quarter of the Southwest Quarter of said Section
19, and 264 feet North of the center line of Glenwood Avenue; thence Southeasterly parallel with said center line of Glenwood Avenue, a
distance of 330 feet to actual point of beginning of the tract of land to be described; thence deflecting to the left at an angle of 73 degrees
17 minutes, a distance of 160.5 feet to the intersection with the Southwesterly right of way line of State Trunk Highway No. 100; thence
Southeasterly, along said right of way line to its intersection with the Northerly property line of the following described tract: That part of the
Southwest Quarter of the Southwest Quarter, Section 19, Township 29, Range 24, described as beginning at the intersection of the center line
of County Road No. 40 with a line drawn parallel with and 647.84 feet East, measured at right angles, from the East line of the Southeast
Quarter of Section 33, Township 118, Range 21; thence North along said parallel line to a point 252.96 feet North of the South line of said
Section 19; thence deflecting to the right 100 degrees 27 minutes a distance of 102.5 feet along a line hereafter referred to as Line "A";
thence deflecting to the left 57 degrees 55 minutes a distance of 162.2 feet to the Southwesterly line of State Trunk Highway No. 100; thence
Southeasterly along said Southwesterly line to its intersection with line "A"; thence Westerly along line "A" to a point thereon 302.5 feet,
measured along line "A"; Easterly from the aforedescribed parallel line; thence deflecting to the left 99 degrees 37 minutes to the center line
of said County Road No. 40; thence Westerly along said center line to the point of beginning; thence Southwesterly and Westerly along the
Northerly line of said property line to its intersection with a line parallel with and 677.47 feet East of the West line of said Section 19, as
measured along the center line of said Glenwood Avenue; thence Northerly along said parallel line to a point, distant 264 feet North of said
center line; thence Westerly to the point of beginning.
TOGETHER WITH
All that part of said Southwest Quarter of the Southwest Quarter of Section 19 lying westerly and northwesterly of the above described parcel,
lying easterly and southeasterly of the easterly lines of the plat of Meadowbrook School 3rd Addition P.U.D. No. 90, and lying northerly of the
above described Line “A”
AND
All that part of the following described tract: That part of the Southwest Quarter of the Southwest Quarter, Section 19, Township 29, Range
24 described as follows: COMMENCING at the intersection of the south line of said Section 19 with a line drawn parallel to and 647.84 feet
East (measured at right angles) from the East line of the Southeast Quarter of Section 33, Township 118, Range 21; thence North along said
parallel line 252.96 feet; thence deflect to the right 100 degrees 27 minutes along a line hereafter referred to as Line A to a point on the
southwesterly line of State Highway No. 100 which is the POINT OF BEGINNING; thence westerly along Line A to a point thereon 302.5 feet
(measured along Line A) easterly from the afore described parallel line; thence deflecting to the left 99 degrees 37 minutes to the center line
of County Road No. 40; thence easterly along said center line to its intersection with the extension of a line drawn from a point on the
southwesterly line of State Trunk Highway No. 100, distant 175 feet northwesterly along said southwesterly line from its intersection with the
northerly line of County Road No. 40 to a point on the northerly line of said County Road No. 40, distant 175 feet west westerly along the
northerly line of County Road No. 40 from its intersection with the southwesterly line of State Highway No. 100; thence northeasterly to a
point on the southwesterly line of State Highway No. 100, distant 175 feet northwesterly along said southwesterly line, from its intersection
with the northerly line of County Road No. 40; thence northwesterly along the southwesterly line of said State Highway No. 100 to the POINT
OF BEGINNING.
Described as follows:
COMMENCING at the intersection of the south line of said Section 19 with a line drawn parallel to and 647.84 feet East (measured at right
angles) from the East line of the Southeast Quarter of Section 33, Township 118, Range 21; thence North along said parallel line 252.96 feet;
thence deflect to the right 100 degrees 27 minutes along a line hereafter referred to as Line A to a point on the southwesterly line of State
Highway No. 100; thence North 79 degrees 32 minutes 07 seconds West along said Line A distance of 107.89 feet to a point thereon 302.5
feet (measured along Line A) easterly from the afore described parallel line to the POINT OF BEGINNING; thence deflecting to the left 99
degrees 37 minutes (South 00 degrees 50 minutes 53 seconds West) a distance of 125.00 feet; thence South 89 degrees 10 minutes 33
seconds East a distance of 48.55 feet; thence North 13 degrees 22 minutes 46 seconds West a distance of 91.00 feet; thence North 35
degrees 38 minutes 28 seconds West a distance of 44.00 feet to the POINT OF BEGINNING.
AND
That part of the following described tract: That part of the Southwest Quarter of the Southwest Quarter of Section 19, Township 29, Range 24
, Hennepin County, Minnesota; which lies easterly and northeasterly of the northeasterly boundary of the plat Meadowbrook School 3rd
Addition P.U.D. No. 90, and southerly and southwesterly of Line 1 described below: Line 1. Commencing at Right of Way Boundary Corner B4
as shown on Minnesota Department of Transportation Right of Way Plat No. 27-103 as the same is on file and of record in the office of the
County Recorder in and for said County; thence on an azimuth of 00 degrees 04 minutes 23 seconds along the boundary of said plat for
66.90 feet to Right of Way Boundary Corner B5 and the point of beginning of Line 1 to be described; thence on an azimuth of 90 degrees 00
minutes 09 seconds for 76.18 feet; thence southeasterly for 295.99 feet on a non-tangential curve, concave to the northeast, having a radius
of 2654.06 feet, a delta angle of 06 degrees 23 minutes 23 seconds and a chord azimuth of 147 degrees 47 minutes 31 seconds; thence on
an azimuth of 142 degrees 26 minutes 58 seconds for 276.95 feet to Right of Way Boundary Corner B2 and the northeasterly boundary of
said plat Meadowbrook School 3rd Addition P.U.D. No. 90 and there terminating.
Has caused the same to be surveyed and platted as MEADOWBROOK SCHOOL 4TH ADDITION P.U.D. NO. 90 and does hereby dedicate to the
public for public use forever the public ways and easements for drainage and utility purposes only as shown on this plat.
In witness whereof said Independent School District No. 270, A Minnesota Public Corporation, has caused these presents to be signed by its
proper officers this _________day of __________________, 202__.
INDEPENDENT SCHOOL DISTRICT NO. 270, A MINNESOTA PUBLIC CORPORATION
__________________________________ its ____________________________________
__________________________________ its ____________________________________
STATE OF _____________________
COUNTY OF____________________
The foregoing instrument was acknowledged before me this _______day of____________, 202__, by ________________________________, its
_______________________________, of Independent School District No. 270, A Minnesota Public Corporation, on behalf of the corporation.
____________________________________________________ ___________________________________________
(Printed name)
Notary Public,_______________________________________
My Commission Expires________________________________
STATE OF _____________________
COUNTY OF____________________
The foregoing instrument was acknowledged before me this _______day of____________, 202__, by ________________________________, its
_______________________________, of Independent School District No. 270, A Minnesota Public Corporation, on behalf of the corporation.
____________________________________________________ ___________________________________________
(Printed name)
Notary Public,_______________________________________
My Commission Expires________________________________
I Daniel L. Thurmes do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land
Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are
correctly designated on the plat; that all monuments depicted on the plat have been or will be correctly set within one year; that all water
boundaries and wet lands, as defined in Minnesota Statutes 505.01, Subd. 3, as of the date of this certificate are shown and labeled on the
plat, and all public ways are shown and labeled on the plat.
Dated this _________day of________________, 202__.
______________________________
Daniel L. Thurmes, Land Surveyor
Minnesota License No. 25718
STATE OF MINNESOTA
COUNTY OF WASHINGTON
This instrument was acknowledged before me this _________ day of ___________________, 202__, by Daniel L. Thurmes.
______________________________________ ______________________________________
NOTARY PUBLIC, MINNESOTA (Printed Name)
My Commission Expires January 31, 202__
GOLDEN VALLEY, MINNESOTA
This plat of MEADOWBROOK SCHOOL 4TH ADDITION P.U.D. NO. 90 was approved and accepted by the City Council of Golden Valley,
Minnesota, at a regular meeting thereof held this _____ day of __________________, 20___. If applicable, the written comments and
recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the city or the prescribed
30 day period has elapsed without receipt of such comments and recommendations, as provided by Minnesota Statutes Section 505.03,
Subdivision 2.
CITY COUNCIL OF GOLDEN VALLEY, MINNESOTA
By ___________________________________, Mayor By______________________________, Clerk
RESIDENT AND REAL ESTATE SERVICES, Hennepin County, Minnesota
I hereby certify that taxes payable in the year 20___ and prior years have been paid for the land described on this plat, dated this
________________ day of _____________________, 202__.
Mark V. Chapin, County Auditor By _______________________________________, Deputy
SURVEY DIVISION, Hennepin County, Minnesota
Pursuant to Minnesota Statutes Sec. 383B.565 (1969), this plat has been approved this ________________ day of __________________________,
202__.
Chris F. Mavis, County Surveyor By _______________________________________
REGISTRAR OF TITLES, Hennepin County, Minnesota
I hereby certify that the within plat of MEADOWBROOK SCHOOL 4TH ADDITION P.U.D. NO. 90 was filed in this office this ___________ day of
_________________, 202__ at _______________ o'clock ____.M.
_______________________________________, Registrar of Titles By _______________________________________, Deputy
157
TRUNK HIGHWAY NO. 100GLENWOOD AVENUE58.66N16°16'35"WΔ=59°28'43"R=55.00L=57.1017.13N34°16'53"WΔS79°31'41"E 300.66131.36 N58°38'50"ER=254.04 5.17N00°00'53"EΔ=58°37'57"L=259.97TRAIL/D&U EASEMENTTRAIL/D&UEASEMENTDRAINAGE ANDUTILITY EASEMENTS38°05'16"E 344.49TRUNK HIGHWAY NO. 100TURNERS CROSSROADS N.LOT 1BLOCK 135.6912.86D&UD&UD&UD&UD&UD&UD&UD&U D&UD&UD&UD&UD&UD&UD&UD&UD&UBeing 10.00 feet in width and adjoiningpublic ways unless otherwise shown on thisplat.1 INCH = 60 FEETBEARINGS SHOWN ARE ORIENTATED TO THESOUTH LINE OF THE SOUTHEAST QUARTER OFSECTION 33, TWP. 118, RNG. 21, WHICH ISASSUMED TO BEAR NORTH 89 DEGREES 47MINUTES 08 SECONDS EAST.MEADOWBROOK SCHOOL 4THADDITION P.U.D. NO. 90SHEET 2 OF 2 SHEETSLEGENDDenotes 1/2 inch iron pipe monument found(unless otherwise noted)Denotes 1/2 inch x 14 inch iron pipe set and markedwith Minnesota License No. 25718 (monuments to beset within one year after recording of the plat)No monument symbol shown indicates a position thatfalls inside of a buildingDenotes Drainage and Utility EasementDenotes recorded angle or distanceDRAINAGE AND UTILITYEASEMENTS ARE SHOWN THUS:PLAT FILE NO.LAND SURVEYING, INC.CORNERSTONE0NORTH60120DETAIL:NOT TOSCALER.T. FILE NO.D&U158
RESOLUTION NO. 23-079
RESOLUTION FOR APPROVAL OF PLAT
MEADOWBROOK SCHOOL 4TH ADDITION P.U.D. NO. 90
WHEREAS, the City Council for the City of Golden Valley, pursuant to due notice,
has heretofore conducted a public hearing on the proposed plat to be known as
MEADOWBROOK SCHOOL 4TH ADDITION P.U.D. NO. 90 covering the following
described tracts of land:
Lot 1, Block 1, MEADOWBROOK SCHOOL 4TH ADDITION P.U.D. NO. 90,
Hennepin County, Minnesota
WHEREAS, all persons present were given the opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden
Valley, that said proposed plat be, and the same hereby is, accepted and approved, and
the proper officers of the City are hereby authorized and instructed to sign the original of
said plat and to do all other things necessary and proper in the premises.
Adopted by the City Council this 5thday of September, 2023.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
159
Meadowbrook School, PUD No. 90
City Council Approval: December 19, 2000
City Council Approval Amendment 1: May 15, 2012
City Council Approval Amendment 2: November 20, 2012
City Council Approval Amendment 3: November 6, 2013
City Council Approval Amendment 4: May 15, 2018
Amendment 5 Withdrawn
City Council Approval Amendment 6: September 5, 2023
City of Golden Valley, Minnesota
Use Permit for Amendment 6
For Planned Unit Development
Project Name: Meadowbrook School, PUD No. 90
Location: 5300, 5400, and 5430 Glenwood Ave, Golden Valley, Minnesota
Legal Description: Lot 1, Block 1, Meadowbrook School 4th Addition P.U.D. No. 90
Applicant: Hopkins Public Schools ISD # 270
Zoning District: Institutional - Assembly (I-A)
Permitted Uses: Community center, elementary school, and special education and
virtual learning programs associated with the school
Components:
A. Land Use
1. The plans prepared by SAFEngineering, submitted with the application for PUD
Amendment 6 on March 4, 2022, with amended lighting plans dated March 28,
2022, shall become a part of this approval.
2. Amendment 6 allows for the expansion of the PUD to include the 5300 Glenwood
Ave property and other land area vacated by MnDOT, Hennepin County, and the
City. It also allows for the completion of a traffic control plan initiated with
Amendment 4 and provides space for future special education and virtual learning
programs.
3. On-site programming in the 5300 Glenwood Ave building shall end by 3 pm in
order to allow those students to exit the site prior to significant parent queueing.
The City reserves the right to curtail certain uses or hours of operation for the
5300 building in order to manage congestion on Glenwood Ave should future
problems arise, as determined by the City Engineer.
4. Enrollment shall be capped at 890 students. Information on enrollment, staff, and
program activities – including those taking place at 5300 Glenwood Ave – shall be
provided to the City annually by October 1 or more frequently if changes are
proposed or anticipated. Enrollment caps shall be applied to the entire campus
but shall not include virtual students. Additional enrollment, or changes to staff or
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programming, may only occur in concert with the construction of additional
comprehensive traffic management solutions and may be limited by existing
parking capacity.
B. Appearance
1. All signs for the school campus shall meet the sign requirements for the
Institutional - Assembly (I-A) zoning district.
2. Dumpsters and recycling containers associated with the 5300 Glenwood Ave
building shall be screened from view from the public right-of-way, including the
Highway 100 exit ramp, in compliance with zoning regulations.
C. Construction, Grading and Utilities
1. The City is vacating any interest it has in the MnDOT turnback area over a
portion of the east driveway entrance and along the east side of the PUD. All
infrastructure will be owned and maintained by the school district and included in
the maintenance agreement executed between the City and the school.
It is hereby understood and agreed that the Use Permit is part of the City Council
approvals granted on December 19, 2000, May 15, 2012, November 20, 2012,
November 6, 2013, May 15, 2018, and September 5, 2023. Any changes to the PUD
Permit for Meadowbrook School, PUD No. 90 shall require an amendment.
HOPKINS PUBLIC SCHOOLS ISD #270
By:
Title:
Date:
CITY OF GOLDEN VALLEY
By:
Shepard M. Harris, Mayor
Date:
By:
Timothy J. Cruikshank, City Manager
Date:
WARNING: This permit does not exempt you from all other City Code provisions,
regulations and ordinances
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Review of Council Calendar
Event Event Time Location
SEPTEMBER
Tuesday, September 5City Council Meeting 6:30 PM Hybrid - Council Chambers
Friday, September 8
City Offices Closed for Annual Employee Appreciation Event 11:00 AM - 1:00 PM
Sunday, September 10Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Tuesday, September 12
Council Work Session 6:30 PM Hybrid - Council Conference Room
Sunday, September 17Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Tuesday, September 19Special City Council Meeting (Commissioner Interviews) (tentative)TBD Hybrid - Council Conference Room
HRA Meeting 6:30 PM Hybrid - Council ChambersCity Council Meeting 6:30 PM Hybrid - Council Chambers
Sunday, September 24Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Thursday, September 28
Golden Valley Business Council Meeting 8:30 AM - 9:30 AM HybridBrookview - Valley Room
OCTOBER
Sunday, October 1Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Thursday, October 3Special City Council Meeting (Closed Session)TBD Manager's Conference RoomCity Council Meeting 6:30 PM Hybrid - Council Chambers
Sunday, October 8Market in the Valley - Last Day 9:00 AM - 1:00 PM City Hall Campus
Tuesday, October 10
Council Work Session 6:30 PM Hybrid - Council Conference Room
Tuesday, October 17City Council Meeting 6:30 PM Hybrid - Council Chambers
Thursday, October 26
Golden Valley Business Council Meeting 8:30 AM - 9:30 AM HybridBrookview - Valley Room
Saturday, October 28Trunk or Treat 12:00 PM - 3:00 PM City Hall Campus
Saturday, November 4City Hall Open for Absentee Voting 9:00 AM - 3:00 PM City Hall
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