05-21-24 City Council Agenda May 21, 2024 — 6:30 PM
Council Chambers
Hybrid Meeting
1.Call to Order
1A.Pledge of Allegiance and Land Acknowledgement
1B.Roll Call
1C.Proclamation Honoring LGBTQIA2S+ Pride Month
1D.Proclamation Recognizing National Public Works Week
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 Check Registers
3B.Licenses:
3B.1.Approve 2024-2025 Liquor License Renewals
3C.Bids, Quotes, and Contracts:
3C.1.Approve Professional Services Agreement (PSA) with BARR Engineering Co. for
Environmental Services for City Real Estate Needs
3C.2.Approve Professional Services Agreement (PSA) with ICS for City Real Estate Needs
3D.Adopt Resolution No. 24-030 Approving Amendment to Compensation and Classification
Tables
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 2633 591
0612 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 2633 591 0612 and webinar password
1234. Press *3 to raise your hand during public comment sections.
City of Golden Valley City Council Regular Meeting May 21, 2024 — 6:30 PM
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3E.Adopt Resolution No. 24-037 Approving the Golden Valley City Council Guide
4.Public Hearing
4A.Public Hearing to Authorize Submittal of Application to DEED's Minnesota Investment Fund
(MIF) for Baxter Healthcare Corporation, Resolution No. 24-038
5.Old Business
6.New Business
6A.Review of Council Calendar
6B.Mayor and Council Communications
1. Other Committee/Meeting updates
7.Adjournment
City of Golden Valley City Council Regular Meeting May 21, 2024 — 6:30 PM
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EXECUTIVE SUMMARY
Human Resources
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
May 21, 2024
Agenda Item
1C. Proclamation Honoring LGBTQIA2S+ Pride Month
Prepared By
Seth Kaempfer, Equity and Inclusion Manager
Summary
June is celebrated as Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual, and Two-spirit
(LGBTQIA2S+) Pride Month. This month celebrates the rich culture, uplifts the many voices, raises
awareness of indisputable rights, and recognizes the historical and current contributions of the
LGBTQIA2S+ community.
This proclamation calls upon the community in Golden Valley to collectively work, promote, and build
avenues of support and advocacy for LGBTQIA2S+ individuals. In addition, this proclamation calls upon
the Golden Valley to recognize and confront sexuality-, gender-, and sex-based inequities, leading to
liberation and celebration.
Legal Considerations
This item did not require legal review.
Equity Considerations
This proclamation aligns with the City's commitment to diversity, equity, and inclusion and the City's
welcome statement. The City supports and honors individuals of all backgrounds and believes it is
critical to acknowledge celebrations such as LGBTQIA2S+ Pride Month to both educate community and
staff as well as create space for belonging of these richly diverse community.
Recommended Action
Motion to adopt proclamation honoring the month of June as LGBTQIA2S+ Pride Month.
Supporting Documents
Proclamation for Pride Month
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CITY OF GOLDEN VALLEY
PROCLAMATION HONORING LGBTQIA2S+ PRIDE MONTH
JUNE 1 - 30, 2024
WHEREAS,the month of June is celebrated as Lesbian, Gay, Bisexual,
Transgender, Queer, Intersex, Asexual, and Two-spirit (LGBTQIA2S+) Pride Month,
commemorating the historic 1969 Stonewall Riots in New York City and the first Pride
march in New York in June 1970; and
WHEREAS, Pride Month brings awareness to additional historic and present-day
movements for LGBTQIA2S+ equity and justice, which seek to be more intersectional in
their impact and action; and
WHEREAS, Pride Month celebrates the enduring, transformational contributions
the LGBTQIA2S+ community has made and continues to make in arts, music, law,
literature, science, education, entertainment, politics, and other endeavors; and
WHEREAS, Pride Month is also a time to reflect on how structural, systemic, and
societal barriers of heterosexism, cis-sexism, homophobia, transphobia, and the like have
and continue to deny a wealth of liberties in health, education, economics, and more; and
WHEREAS, by understanding, affirming, and advocating for the LGBTQIA2S+
community it can lead to a decrease in teen suicide, more robust educational
environment, longevity of life, and a richer tapestry of community; and
WHEREAS, on July 30, 2013, the City of Golden Valley Human Rights
Commission passed Resolution No. 13-1 Acknowledging the Minnesota Marriage
Equality Act of 2013; and
WHEREAS, on March 4, 2020, the City of Golden Valley passed a Proclamation
Opposing the Practice of Conversion Therapy; and
WHEREAS, the city of Golden Valley is home to the first and largest suburban
Pride festivals in Minnesota known as Golden Valley Pride on Saturday, June 8
th, 2024;
and
WHEREAS, in its commitment to equity, the City of Golden Valley must recognize
and confront gender-, sexuality-, and sex-based inequities, leading to liberation and
celebration.
NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of
Golden Valley does hereby proclaim June as “LGBTQIA2S+ Pride Month” and call upon
the people of Golden Valley to recognize the contributions made by members of the
LGBTQIA2S+ community and to actively promote the principles of equality, equity, liberty,
and justice.
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IN WITNESS WHEREOF,I, Mayor Rosyln Harmon, proudly certify this
proclamation with my signature and the seal of the City of Golden Valley on May 21st,
2024.
___________________________
Roslyn Harmon, Mayor
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EXECUTIVE SUMMARY
Public Works
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
May 21, 2024
Agenda Item
1D. Proclamation Recognizing National Public Works Week
Prepared By
Tim Kieffer, Public Works Director
Summary
The 64th annual National Public Works Week is from May 19 through May 25, 2024. This year’s theme
is “Advancing Quality of Life for All”.
Public Works Week recognizes public works professionals that focus on infrastructure, facilities, and
services that are vitally import to sustainable and resilient communities and the public health, high
quality of life, and well-being of people.
These infrastructures, facilities, and services could not be provided without the dedicated efforts of
public works professionals, who are engineers, managers, and employees at all levels of government
who are responsible for rebuilding, improving, and protecting our nation’s transportation, water
supply, water treatment and solid waste systems, public buildings, and other structures and facilities
essential for our citizens.
Additionally, it is to attract attention to the ongoing needs and efforts of infrastructure maintenance
and renewal and the importance of public interest and support for public works and public works
programs.
Financial or Budget Considerations
Not Applicable.
Legal Considerations
Not Applicable.
Equity Considerations
Recognizing Public Works illustrates the vital impacts it has on the daily lives of our community
members. The impact of this public service plays a direct link to the improvement of the livelihood
and health of citizens. Emphasizing this brings further attention and shows ways in which it has a
direct positive influence.
Recommended Action
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Motion to adopt Proclamation Recognizing National Public Works Week.
Supporting Documents
Proclamation Recognizing National Public Works Week
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CITY OF GOLDEN VALLEY
PROCLAMATION RECOGNIZING PUBLIC WORKS WEEK
MAY 19 -25, 2024
WHEREAS, public works professionals focus on infrastructure, facilities and services that
are of vital importance to sustainable and resilient communities and the public health, high
quality of life, and well-being of the people of Golden Valley; and,
WHEREAS, these infrastructure, facilities and services could not be provided without the
dedicated efforts of public works professionals, who are engineers, managers, and employees at
all levels of government, who are responsible for rebuilding, improving, and protecting our
nation’s transportation, water supply, water treatment and solid waste systems, public buildings,
and other structures and facilities essential for our citizens; and,
WHEREAS, it is in the public interest for everyone, including children and young adults, in
Golden Valley to gain knowledge of and maintain ongoing interest and understanding of the
importance of public works and public works programs in their respective communities; and,
WHEREAS, the year 2024 marks the 64th annual National Public Works Week sponsored
by the American Public Works Association be it now,
NOW, THEREFORE, BE IT RESOLVED, l, Roslyn Harmon, Mayor of the City of Golden Valley,
have proclaimed the week of May 19 through May 25, 2024,as Public Works Week in the City of
Golden Valley, and urge all citizens and civic organizations to pay tribute to our public works
professionals, and to recognize the substantial contributions they make to protecting our health,
safety, and quality of life.
IN WITNESS WHEREOF, I, Mayor Rosyln Harmon, proudly certify this proclamation with
my signature and the seal of the City of Golden Valley on May 21st, 2024.
___________________________
Roslyn Harmon, Mayor
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EXECUTIVE SUMMARY
Administrative Services
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
May 21, 2024
Agenda Item
3A. Approval of City Check Registers
Prepared By
Jennifer Hoffman, Accounting Manager
Summary
Approval of the check register for various vendor claims against the City of Golden Valley.
Document is located on city website at the following location:
http://weblink-int/WebLink/Browse.aspx?id=1037405&dbid=0&repo=GoldenValley
The check register(s) for approval:
05-08-2024 Check Register
05-15-2024 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
May 21, 2024
Agenda Item
3B.1. Approve 2024-2025 Liquor License Renewals
Prepared By
Theresa Schyma, City Clerk
Summary
The following establishments have applied for renewal of their liquor license for the 2024-2025 period.
The Golden Valley Police Department is in the process of completing updated background
investigations. These establishments meet City Code requirements for the renewal of their license and
the City Clerk is recommending approval contingent upon the completion of successful background
investigations and receipt of payment.
It is important to note that the below list does not include all licensed establishments in the City.
Renewal paperwork must be returned to the City Clerk no later than May 26. All remaining
establishments will be considered for approval at the June 4 Council meeting.
Licensee Address License Type
Benihana 850 Louisiana Avenue N On-Sale and Sunday
Brookview Golf Course 200 Brookview Parkway On-Sale and Sunday
Chester Bird American Legion
Post 523 200 Lilac Drive N Club On-Sale and Sunday
D'Amico and Sons, Inc.7804 Olson Memorial Hwy On-Sale Beer and Wine
Doolittles Woodfire 550 Winnetka Avenue N On-Sale and Sunday
Game Show Battle Rooms 8836 7th Avenue N On-Sale
Golden Valley Country Club 7001 Golden Valley Road On-Sale and Sunday
Golden Valley Holiday #3519 600 Boone Avenue 3.2 Off-Sale
Golden Valley Liquor Barrel 7890 Olson Memorial Hwy Off-Sale
Good Day Café 5410 Wayzata Blvd On-Sale and Sunday
Holiday Inn Express 6051 Golden Valley Drive 3.2 Off-Sale
J.J's Clubhouse 6400 Wayzata Blvd On-Sale and Sunday
JLD Group 1301 Theodore Wirth Pkwy On-Sale and Sunday
Lakeridge Wine & Spirits 2580 Hillsboro Avenue N Off-Sale
LAT 14 Asian Eatery 8815 7th Avenue N On-Sale and Sunday
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Lund Beverages, LLC 5719 Duluth Street Off-Sale
Metropolitan Ballroom &
Clubroom 5418 Wayzata Blvd On-Sale and Sunday
New Bohemia Wurst & Bier Haus 8040 Olson Memorial Hwy On-Sale and Sunday
Ramada Minneapolis West 6300 Wayzata Blvd On-Sale Beer and Wine
Red Lobster #157 8900 Golden Valley Road On-Sale and Sunday
Schuller's Tavern 7345 Country Club Drive On-Sale; Sunday and Off-Sale
Teresa's Mexican Restaurant 5621 Duluth Street On-Sale and Sunday
Under Pressure Brewing 8806 7th Avenue N Brewer Taproom, Brewer Off-Sale
and Sunday
Licensee Address License Type
Financial or Budget Considerations
Fees received for liquor license renewals are budgeted and help to defray costs the City incurs to
administer and enforce license regulations and requirements. No licenses are issued until payment is
received in full.
Legal Considerations
The City Clerk reviews the applications and ensures that all required documentation, including
insurance, is properly delivered to the State's Alcohol and Gambling Enforcement Division for further
processing and approval.
Equity Considerations
Equity review was not needed as this item falls under the general course of business for the City
Clerk's office.
Recommended Action
Motion to approve the renewal of liquor licenses for the license period of July 1, 2024 through June
30, 2025, contingent upon completion of successful background investigations and receipt of
payment.
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EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
May 21, 2024
Agenda Item
3C.1. Approve Professional Services Agreement (PSA) with BARR Engineering Co. for Environmental
Services for City Real Estate Needs
Prepared By
Alma Flores, Community Development Director
Summary
The Community Development department is currently overseeing the development of the East Fire
Station and the Public Facilities for the Public Works Building and the Public Safety Building. In order
to evaluate potential sites for these development needs several due diligence (DD) items needs to be
performed as part of a potential transaction. Those DD items include Phase 1 and 2 Environmental
Site Assessments and review of environmental reports dependent on the site being evaluated. The
city needed to explore options with contractors who would not have a conflict with sites in Golden
Valley based on any previous environmental work conducted--Barr Engineering Co. did not have any
current conflicts of interest with the properties the city has been exploring.
Financial or Budget Considerations
The city is embarking on several facility needs such as a new east fire station, local sales tax approved
public works and public safety facilities where the Community Development Director will need to
order due diligence items related to these real estate needs. These due diligence items will include
phase 1, phase 2, environmental impact reporting and review, and other related due diligence to
ensure that any decision the city may need to make is informed by these actions. Budgeting for these
actions are either part of the Capital Improvement Plan, local sales tax related transactions, or State
funds acquired as part of a predevelopment fund.
Legal Considerations
PSA Template used plus additional oversight by the Legal and Equity Review process.
Equity Considerations
Professional consulting services contract template used.
Recommended Action
Approve PSA with Barr Engineering Co. for environmental services for city real estate needs
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Supporting Documents
Professional Services Agreement - Environmental Engineering Consultant - BARR Engineering
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PROFESSIONAL SERVICES AGREEMENT FOR
Barr Engineering Co.
Environmental—CONSULTING SERVICES
THIS AGREEMENT is made this May 21, 2024 (“Effective Date”) by and between Barr Engineering Co., a
Minnesota corporation located at 4300 Market Pointe Drive, Suite 200, Minneapolis, MN 55435 (“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 environmental investigation and remediation.
B.The City desires to hire Consultant to provide environmental investigation (Phase 1 and Phase 2) and
remediation strategies and reporting for city site acquisition services.
C.Consultant represents that it has the professional expertise and capabilities to provide the City with the
requested services.
D.The City desires to engage Consultant to provide the services described in this Agreement and Consultant
is willing to provide such services on the terms and conditions in this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and
Consultant agree as follows:
AGREEMENT
1.Services. Consultant agrees to provide the City environmental consulting services more specifically described
in Exhibit A, which is attached hereto and incorporated herein (the “Services”). All Services shall be provided only
after written authorization to proceed from the Community Development Director or their designee. All services
shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals
currently providing similar services.
2.Term. This Agreement shall remain in force and effect commencing from the effective date and continuing until
June 1, 2025 or until terminated by the City or amended pursuant to the Agreement.
3.Consideration. The City shall pay Consultant on an hourly basis according to Consultant’s fee schedule in Exhibit
B, which is attached hereto and incorporated herein. The consideration shall be for both the Services performed
by Consultant and any 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 during the billing period. The City shall pay
Consultant within thirty-five (35) days after Consultant’s statements are submitted.
4.Termination. Notwithstanding any other provision herein to the contrary, this Agreement may be terminated
as follows:
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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.
5. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties.
6. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that the books,
records, documents, and accounting procedures and practices of Consultant, that are relevant to the contract or
transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of
six years. Consultant shall maintain such records for a minimum of six years after final payment. The parties agree
that this obligation will survive the completion or termination of this Agreement.
7. Indemnification. To the fullest extent permitted by law, Consultant, and Consultant’s successors or assigns,
agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and
employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses;
or costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees,
professional services, and other technical, administrative or professional assistance resulting from or arising out of
Consultant’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees)
performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent
act or omission or willful misconduct by Consultant, or arising out of Consultant’s failure to obtain or maintain the
insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any
immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations
shall survive the completion or termination of this Agreement.
8. Insurance. Consultant shall maintain reasonable insurance coverage throughout this Agreement. Consultant
agrees that before any work related to the approved project can be performed, Consultant shall maintain at a
minimum: Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; Business Auto
Liability in an amount not less than $1,000,000.00 per occurrence; Professional Liability in an amount not less
than $1,000,000.00 per occurrence; and Commercial General Liability in an amount of not less than
$1,000,000.00 per occurrence for bodily injury or death arising out of each occurrence, and $1,000,000.00 per
occurrence for property damage, $2,000,000.00 aggregate. To meet the Commercial General Liability and
Business Auto Liability requirements, Consultant may use a combination of Excess and Umbrella coverage.
Consultant 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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9. Assignment and Subcontracting. Neither the City nor Consultant shall assign, or transfer any rights under or
interest (including, but without limitation, moneys that may become due or moneys that are due) in the
Agreement without the written consent of the other except to the extent that the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in
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.
10. 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.
11. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable federal,
state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to provide the
Services. Consultant’s guests, invitees, members, officers, officials, agents, employees, volunteers,
representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco,
drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable
work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times
while performing duties pursuant to this Agreement. Consultant agrees and understands that a vio lation 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.
12. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall
constitute the entire agreement between the City and Consultant, and supersedes any other written or oral
agreements between the City and Consultant. This Agreement may only be modified in a writing signed by the
City and Consultant. If there is any conflict between the terms of this Agreement and the referenced or attached
items, the terms of this Agreement shall prevail.
13. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on
any third party.
14. 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.
15. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and appearances of
impropriety in representation of the City. In the event of a conflict of interest, Consultant shall advise the City and,
either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Services.
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16. Work Products and Ownership of Documents. All records, information, materials, and work product,
including, but not limited to the completed reports, data collected from or created by the City or the City’s
employees or agents, raw market data, survey data, market analysis data, and any other data, work product, or
reports prepared or developed in connection with the provision of the Services pursuant to this Agreement shall
become the property of the City, but Consultant may retain reproductions of such records, information, materials
and work product. Regardless of when such information was provided or created, Consultant agrees that it will
not disclose for any purpose any information Consultant has obtained arising out of or related to this Agreement,
except as authorized by the City or as required by law. Notwithstanding the foregoing, nothing in this Agreement
shall grant or transfer any rights, title or interests in any intellectual property created by Consultant prior to the
effective date of this Agreement; however, to the extent Consultant generates reports or recommendations for
the City using proprietary processes or formulas, Consultant shall provide the City (1) factual support for such
reports and recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at
the recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the
obligations in this paragraph shall survive the completion or termination of this Agreement.
17. Agreement Not Exclusive. The City retains the right to hire other professional Consultant service providers for
this or other matters, in the City’s sole discretion.
18. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant, created,
collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement shall be
administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices
Act, Minnesota Statutes, Chapter 13 (the “MGDPA”). Consultant agrees to notify the City within three business days
if it receives a data request from a third party. This paragraph does not create a duty on the part of Consultant to
provide access to public data to the public if the public data are available from the City, except as required by the
terms of this Agreement. These obligations shall survive the termination or completion of this Agreement.
19. Confidentiality. Consultant understands that the City has access to, develops, and uses private, confidential,
nonpublic, and protected nonpublic information, as those terms are defined by the MGDPA, in connection with
its business (collectively, “Confidential Information”). The City has instituted policies and procedures to protect
and safeguard this Confidential Information. While working for the City under this Agreement, Consultant may
come into contact with Confidential Information. Consultant understands that the protection of Confidential
Information is required by law and is a requirement of their relationship with the City. Accordingly, Consultant
agrees as follows:
19.1 During the term of this Agreement and after the termination of Consultant’s relationship with the
City: (a) Consultant will keep secret all Confidential Information and will not directly or indirectly disclose
it to anyone outside the City; (b) Consultant will not make use of any Confidential Information for their
own purposes or for the benefit of anyone other than the City; and (c) upon termination of Consultant’s
relationship with the City, Consultant will promptly deliver to the City all memoranda, notes, records, and
other documents (and all copies thereof) constituting or relating to Confidential Information.
19.2 If Consultant breaches or threatens to breach any provisions of paragraph 19.1, the City has the
right to enforce this Agreement in any court having jurisdiction. This Agreement will be governed by and
construed in accordance with the laws of the State of Minnesota.
19.3 This Agreement is not intended to prevent Consultant from working for any employer subsequent
to the termination of their relationship with the City, as long as Consultant does not use or disclose
Confidential Information.
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20. No Discrimination. Consultant agrees not to discriminate in providing products and services under this Agreement
on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public
assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement.
Consultant agrees to comply with the Americans with Disabilities Act as amended (“ADA”), section 504 of the
Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Consultant
agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees
and staff time, in any action or proceeding brought alleging a violation of these laws by Consultant or its guests,
invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon
request, Consultant shall provide accommodation to allow individuals with disabilities to participate in all Services
under this Agreement. Consultant agrees to utilize its own auxiliary aid or service in order to comply with ADA
requirements for effective communication with individuals with disabilities.
21. 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.
22. 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.
23. Publicity. At the City’s request, the City and Consultant shall develop language to use when discussing the
Services. Consultant agrees that Consultant shall not release any publicity regarding the Services or the subject
matter of this Agreement without prior consent from the City. Consultant shall not use the City’s logo or state that
the City endorses its services without the City’s advanced written approval.
24. 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.
25. 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.
26. Counterparts and Electronic Signatures. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
This Agreement may be transmitted by electronic mail in portable document format (“pdf”) and signatures
appearing on electronic mail instruments shall be treated as original signatures.
27. 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.
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CONSULTANT CITY OF GOLDEN VALLEY:
By: _________________________________
Dan Fetter, Vice President
By: _________________________________
Roslyn Harmon, Mayor
By: _________________________________
Noah Schuchman, City Manager
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barr.com
4300 MarketPointe Drive, Suite 200, Minneapolis, MN 55435 | 952.832.2600
April 24, 2024
Alma Flores
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Re: Scope of Services for Environmental Consulting
Dear Alma:
Thank you for the opportunity to provide environmental consulting services to the City of Golden Valley.
This scope letter, along with the City’s professional services agreement (PSA), sets forth the Agreement
between the City of Golden Valley (City) and Barr Engineering Co. (Barr) to provide environmental
consulting services related to site acquisition and redevelopment activities, including reviewing existing
environmental reports, performing Phase I Environmental Site Assessments (ESAs), performing Phase II
Investigations, and other services as directed by the City to evaluate sites.
1 Scope of Services
We understand that the City is seeking a consultant to assist with environmental consulting services on
several potential properties, with further details to be established as the City’s redevelopment planning
advances and additional information is developed for each property. As such, we are providing an initial
scope of services based on our current understanding of the City’s needs and the scope may evolve as
specific properties are identified and/or as additional details regarding properties or future land uses
emerge. We will communicate any scope or budget modifications with the City and seek approval prior to
proceeding.
1.1 Review of Environmental Reports
If they exist, we will review existing environmental reports related to a property. The purpose of the review
will be to gather information to better understand the current and previous environmental condition of the
property, including:
•The property history,
•Previous environmental investigations,
•Previous environmental remediation activities, and
•The current regulatory status of the property (i.e., Minnesota Pollution Control Agency and/or U.S.
Environmental Protection Agency involvement)
Following our review, we will summarize the results in a brief, bullet-list format, technical memorandum.
We have assumed a modest level of effort (up to 10 hours) to review and summarize environmental
reports at each property.
EXHIBIT A
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Alma Flores
April 24, 2024
Page 2
W:\Business Units\AR\Proposals\2024\P108.24 City of Golden Valley Env Consult Serv\Draft Exhibit A - Scope for Environmental Services_Barr_Golden Valley.docx
1.2 Phase I Environmental Site Assessments
Following review of existing environmental reports, we will perform a Phase I ESA in a manner consistent
with the ASTM, International, ASTM E1527-21, Standard Practice for Environmental Site Assessments:
Phase I Environmental Site Assessment Process (the Practice). Our report will describe significant
deviations from the Practice, if any. The Practice provides for intended uses and limitations of the
Assessment, which are incorporated by reference herein.
The ESA will use the results derived from the exercise of the Practice, together with our professional
judgment, to provide our opinion as to whether evidence exists indicating the presence of recognized
environmental conditions (RECs) on a subject property.
In addition to identifying potential RECs on a property and potentially identifying areas to target for
additional investigation, completion of a Phase I ESA will also position the City to enroll in an MPCA
program and seek liability assurances, if appropriate.
As shown in the cost estimate (Section 2), we have provided a price to complete a Phase I ESA at both a
“simple” site and a “complex” site. For this purpose, the definition of a simple site is a small property with
limited building size/use/complexity and a property in which a site visit and owner interviews can be
accessed and completed in one day. Examples of this type of site could include residential properties,
small commercial properties, or parklands. A complex site includes larger sites or multi-use buildings with
a more complex history, such as sites with manufacturing processes, chemical storage, multi-tenant/use
commercial developments, or dumping.
1.3 Phase II Site Investigations
Based on the findings from a Phase I ESA, we will develop a scope and implement a targeted Phase II
Site Investigation. For the purpose of this proposal, we are assuming that the scope will be limited in
nature to investigate RECs identified in the Phase I. Our cost proposal is based on the following
assumptions:
•Preparation of a brief investigation scope and a Project Health and Safety Plan
•Preparation of an access agreement, if needed
•Public utility locate
•Two days of field investigation per site
•Collection of up to 10 soil samples per site
•Collection of up to 4 soil gas samples per site to assess potential for vapor concerns, collected
from the soil borings (no sub-slab vapor sampling, no seasonal sampling rounds)
•Subcontract with a licensed driller
•Subcontract with an accredited analytical laboratory for analysis of the soil and soil gas samples
•Preparation of a technical memorandum that summarizes the investigation, compares the
analytical results to relevant criteria considering the current and proposed land uses, and
provides recommendations for additional investigation and/or remediation
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Alma Flores
April 24, 2024
Page 3
W:\Business Units\AR\Proposals\2024\P108.24 City of Golden Valley Env Consult Serv\Draft Exhibit A - Scope for Environmental Services_Barr_Golden Valley.docx
Our scope for the Phase II does not include installation of groundwater monitoring wells or collection of
groundwater samples. If additional investigation activities are recommended based on the Phase I ESA,
or as a follow-up to the targeted Phase II Investigation, a scope and cost estimate will be provided to the
City for approval.
The specific locations and details of the investigation activities will be coordinated with the City and/or
current property owners prior to the investigation activities.
2 Estimated Cost
The table below provides our estimated costs per task. Assumptions associated with these tasks are
included in the scope descriptions above. We will perform the work in accordance with the City’s PSA and
our standard rate schedule that is included as an attachment to the PSA. We will not exceed the budget
without prior approval from the City.
Task Labor
Fees
Equipment
and
Expenses
Subcontractor
Costs
Cost Per
Event
Assumed
Quantity Total
Review of
Environmental
Reports
$1,500 $0 $0 $1,500 2 $3,000
Phase I ESA –
Simple Site $3,800 $400 $0 $4,200 1 $4,200
Phase I ESA –
Complex Site $5,800 $400 $0 $6,200 1 $6,200
Phase II Site
Investigation $12,000 $1,000 $10,000 $23,000 2 $46,000
Total $59,400
3 Additional Services As Directed
As the City’s planning advances, the City may desire additional professional services as it further
evaluates options for redeveloping properties, potentially including, but not limited to, the following:
•Environmental Services
o Supplemental Investigation Activities (groundwater, surface water, vapors, etc.)
o Response Action Planning
o MPCA Program Support
o Grant Application Support
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Alma Flores
April 24, 2024
Page 4
W:\Business Units\AR\Proposals\2024\P108.24 City of Golden Valley Env Consult Serv\Draft Exhibit A - Scope for Environmental Services_Barr_Golden Valley.docx
•Site Design and Redevelopment Services
o Geotechnical Investigations
o Environmental Permitting (wetlands, floodplains, etc.)
o Stormwater Management
o Site Layout and Design
•Construction Phase Services
o Bid Document Preparation
o Construction Oversight
If desired by the City, Barr would be pleased to offer these additional services and can develop a site
specific cost estimate for the services needed.
4 Schedule
We are prepared to begin work immediately upon authorization from the City. We understand that site
acquisition opportunities frequently require accelerated schedules to align with due diligence periods, City
budgeting sessions, or other constraints. We estimate the following duration for each task; however, we
will consult with the City to confirm schedule requirements prior to initiating work on a property.
•Review of Environmental Reports – within two weeks of being provided environmental reports
•Phase I ESA – within four weeks of being notified of a property
•Phase II Investigation – within six weeks of being notified of a property
•Additional Services – a schedule will be discussed with the City prior to initiating tasks
Thank you for the opportunity to assist the City with environmental consulting services. If you have any
questions regarding this proposal, please reach out to Eric Lund (elund@barr.com, 952.832.2974) or Dan
Fetter (dfetter@barr.com, 952.832.2741).
Sincerely,
Dan Fetter, PE, Vice President Eric Lund, PE, Project Manager
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Fee Schedule—2024
Rev. 03/20/2024
Sheet 1 of 1
Rate*
Description (U.S. dollars)
Vice President $170-350
Consultant/Advisor $205-325
Engineer/Scientist/Specialist IV $175-200
Engineer/Scientist/Specialist III $145-170
Engineer/Scientist/Specialist II $120-140
Engineer/Scientist/Specialist I $80-115
Technician IV $155-200
Technician III $125-150
Technician II $95-120
Technician I $70-90
Support Personnel III $155-200
Support Personnel II $95-150
Support Personnel I $60-90
Rates for litigation support services will include a 30% surcharge.
A ten percent (10%) markup will be added to subcontracts for professional support and construction services to cover overhead
and insurance surcharge expenses.
Invoices are payable within 30 days of the date of the invoice. Any amount not paid within 30 days shall bear interest from the date
10 days after the date of the invoice at a rate equal to the lesser of 18 percent per annum or the highest rate allowed by applicable
law.
For travel destinations within the continental U.S. (CONUS) and Canada, meals will be reimbursed on a per diem basis. The per
diem rate will be as published by the U.S. Internal Revenue Service (IRS) based on the High-Low method. Full-day per diem rates
will be pro-rated on travel days. For travel destinations outside the continental U.S. (CONUS) and Canada, meals will be
reimbursed based on actual expenses incurred.
All other reimbursable expenses, including but not limited to costs of transportation, lodging, parking, postage, shipping, and
incidental charges, will be billed at actual reasonable cost. Mileage will be billed at the IRS-allowable rate.
Materials and supplies charges, printing charges, and equipment rental charges will be billed in accordance with Barr’s standard
rate schedules.
Vice President category includes consultants, advisors, engineers, scientists, and specialists who are officers of the company.
Consultant/Advisor category includes experienced personnel in a variety of fields. These professionals typic ally have advanced
background in their areas of practice and include engineers, engineering specialists, scientists, related technical professionals, and
professionals in complementary service areas such as communications and public affairs.
Engineer/Scientist/Specialist categories include registered professionals and professionals in training (e.g., engineers, geologists,
and landscape architects) and graduates of engineering and science degree programs.
Technician category includes CADD operators, construction observers, cost estimators, data management technicians, designers,
drafters, engineering technicians, interns, safety technicians, surveyors, and water, air, and waste samplers.
Support Personnel category includes information management, project accounting, report production, word processing, and other
project support personnel.
*Rates do not include sales tax on services that may be required in some jurisdictions.
EXHIBIT B
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EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
May 21, 2024
Agenda Item
3C.2. Approve Professional Services Agreement (PSA) with ICS for City Real Estate Needs
Prepared By
Alma Flores, Community Development Director
Summary
The Community Development department is currently overseeing the development of the East Fire
Station and the Public Facilities for the Public Works Building and the Public Safety Building. In order
to evaluate potential sites for these development needs several due diligence (DD) items needs to be
performed as part of a potential transaction. Those DD items may include evaluating the condition of
an existing building such as:
Completing a facility assessment for the City noting deficiencies and projects that should be
incorporated into the City's Capital Improvement Plan (CIP) including preliminary budget estimates for
identified items. The scope of services for this assessment will include a collection of data and
information that will provide a baseline of the following buildings systems and components:
Building Component and Systems Review
o Facility Site (including parking lots, sidewalks, landscaping, etc.)
o Building Envelope (exterior walls, sealants, windows, roofs, etc.)
o Building Interior Finishes (flooring, walls & ceilings)
o Mechanical Systems (HVAC, plumbing, controls, etc.)
o Electrical Systems (service, power distribution, lighting, etc.)
o Life Safety Systems (PA, fire alarm, fire protection, security, etc.)
o Accessibility Issues (building and site)
Financial or Budget Considerations
The city is embarking on several facility needs such as a new east fire station, local sales tax approved
public works and public safety facilities where the Community Development Director will need to
order due diligence items related to these real estate needs. Budgeting for these actions are either
part of the Capital Improvement Plan, local sales tax related transactions, or State funds acquired as
part of a predevelopment fund.
Legal Considerations
PSA Template used plus additional oversight by the Legal and Equity Review process.
25
Equity Considerations
PSA template used.
Recommended Action
Motion to approve PSA with ICS for facility assessment services as it relates to city real estate needs
Supporting Documents
Professional Services Agreement - Site Assessment Consultant - ICS
26
PROFESSIONAL SERVICES AGREEMENT FOR
Facility Assessment—Facility Asset Plan Review Services--ICS
CONSULTING SERVICES
THIS AGREEMENT is made this May 21, 2024 (“Effective Date”) by and between ICS Consulting, LLC, a
Minnesota limited liability company located at 1331 Tyler Street NE, Suite 101, Minneapolis, MN 55413 .
(“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 facility assessment, asset plans, strategic procurement, and space
utilization and capacity analysis.
B. The City desires to hire Consultant to provide comprehensive facility assessment to optimize long-term
facility investments, assess building conditions and needs, review and consolidate facility data, create a
detailed assessment, and provide recommendations for city site acquisition needs.
C. Consultant represents that it has the professional expertise and capabilities to provide the City with the
requested services.
D. The City desires to engage Consultant to provide the services described in this Agreement and Consultant
is willing to provide such services on the terms and conditions in this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and
Consultant agree as follows:
AGREEMENT
1. Services. Consultant agrees to provide the City with facility condition assessment and planning services,
including but not limited to the services more specifically described in Exhibit A, which is attached hereto and
incorporated herein (the “Services”). All Services shall be provided only upon written authorization of the
Community Development Director or their designee. All Services shall be provided in a manner consistent with
the level of care and skill ordinarily exercised by professionals currently providing similar services.
2. Term. This Agreement shall remain in force and effect commencing from the effective date and continuing until
June 1, 2025 or until terminated by the City or amended pursuant to the Agreement.
3. Consideration. The City shall pay Consultant on an hourly basis according to Consultant's fee schedule in Exhibit
B, which is attached hereto and incorporated herein. The consideration shall be for both the Services performed
by Consultant and any expenses incurred by Consultant in performing the Services. Consultant shall submit
statements to the City upon completion of the Services. The City shall pay Consultant within thirty-five (35) days
after Consultant’s statements are submitted.
4. Termination. Notwithstanding any other provision herein to the contrary, this Agreement may be terminated
as follows:
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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.
5. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties.
6. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that the books,
records, documents, and accounting procedures and practices of Consultant, that are relevant to the contract or
transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of
six years. Consultant shall maintain such records for a minimum of six years after final payment. The parties agree
that this obligation will survive the completion or termination of this Agreement.
7. Indemnification. To the fullest extent permitted by law, Consultant, and Consultant’s successors or assigns,
agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and
employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses;
or costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees,
professional services, and other technical, administrative or professional assistance resulting from or arising out of
Consultant’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees)
performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent
act or omission or willful misconduct by Consultant, or arising out of Consultant’s failure to obtain or maintain the
insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any
immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations
shall survive the completion or termination of this Agreement.
8. Insurance. Consultant shall maintain reasonable insurance coverage throughout this Agreement. Consultant
agrees that before any work related to the approved project can be performed, Consultant shall maintain at a
minimum: Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; Business Auto
Liability in an amount not less than $1,000,000.00 per occurrence; Professional Liability in an amount not less
than $1,000,000.00 per occurrence; and Commercial General Liability in an amount of not less than
$1,000,000.00 per occurrence for bodily injury or death arising out of each occurrence, and $1,000,000.00 per
occurrence for property damage, $2,000,000.00 aggregate. To meet the Commercial General Liability and
Business Auto Liability requirements, Consultant may use a combination of Excess and Umbrella coverage.
Consultant 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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9. Assignment and Subcontracting. Neither the City nor Consultant shall assign, or transfer any rights under or
interest (including, but without limitation, moneys that may become due or moneys that are due) in the
Agreement without the written consent of the other except to the extent that the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in
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.
10. 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.
11. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable federal,
state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to provide the
Services. Consultant’s guests, invitees, members, officers, officials, agents, employees, volunteers,
representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco,
drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable
work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times
while performing duties pursuant to this Agreement. Consultant agrees and understands that a vio lation 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.
12. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall
constitute the entire agreement between the City and Consultant, and supersedes any other written or oral
agreements between the City and Consultant. This Agreement may only be modified in a writing signed by the
City and Consultant. If there is any conflict between the terms of this Agreement and the referenced or attached
items, the terms of this Agreement shall prevail.
13. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on
any third party.
14. 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.
15. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and appearances of
impropriety in representation of the City. In the event of a conflict of interest, Consultant shall advise the City and,
either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Services.
29
16. Work Products and Ownership of Documents. All records, information, materials, and work product,
including, but not limited to the completed reports, data collected from or created by the City or the City’s
employees or agents, raw market data, survey data, market analysis data, and any other data, work product, or
reports prepared or developed in connection with the provision of the Services pursuant to this Agreement shall
become the property of the City, but Consultant may retain reproductions of such records, information, materials
and work product. Regardless of when such information was provided or created, Consultant agrees that it will
not disclose for any purpose any information Consultant has obtained arising out of or related to this Agreement,
except as authorized by the City or as required by law. Notwithstanding the foregoing, nothing in this Agreement
shall grant or transfer any rights, title or interests in any intellectual property created by Consultant prior to the
effective date of this Agreement; however, to the extent Consultant generates reports or recommendations for
the City using proprietary processes or formulas, Consultant shall provide the City (1) factual support for such
reports and recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at
the recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the
obligations in this paragraph shall survive the completion or termination of this Agreement.
17. Agreement Not Exclusive. The City retains the right to hire other professional Consultant service providers for
this or other matters, in the City’s sole discretion.
18. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant, created,
collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement shall be
administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices
Act, Minnesota Statutes, Chapter 13 (the “MGDPA”). Consultant agrees to notify the City within three business days
if it receives a data request from a third party. This paragraph does not create a duty on the part of Consultant to
provide access to public data to the public if the public data are available from the City, except as required by the
terms of this Agreement. These obligations shall survive the termination or completion of this Agreement.
19. Confidentiality. Consultant understands that the City has access to, develops, and uses private, confidential,
nonpublic, and protected nonpublic information, as those terms are defined by the MGDPA, in connection with
its business (collectively, “Confidential Information”). The City has instituted policies and procedures to protect
and safeguard this Confidential Information. While working for the City under this Agreement, Consultant may
come into contact with Confidential Information. Consultant understands that the protection of Confidential
Information is required by law and is a requirement of their relationship with the City. Accordingly, Consultant
agrees as follows:
19.1 During the term of this Agreement and after the termination of Consultant’s relationship with the
City: (a) Consultant will keep secret all Confidential Information and will not directly or indirectly disclose
it to anyone outside the City; (b) Consultant will not make use of any Confidential Information for their
own purposes or for the benefit of anyone other than the City; and (c) upon termination of Consultant’s
relationship with the City, Consultant will promptly deliver to the City all memoranda, notes, records, and
other documents (and all copies thereof) constituting or relating to Confidential Information.
19.2 If Consultant breaches or threatens to breach any provisions of paragraph 19.1, the City has the
right to enforce this Agreement in any court having jurisdiction. This Agreement will be governed by and
construed in accordance with the laws of the State of Minnesota.
19.3 This Agreement is not intended to prevent Consultant from working for any employer subsequent
to the termination of their relationship with the City, as long as Consultant does not use or disclose
Confidential Information.
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20. No Discrimination. Consultant agrees not to discriminate in providing products and services under this Agreement
on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public
assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement.
Consultant agrees to comply with the Americans with Disabilities Act as amended (“ADA”), section 504 of the
Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Consultant
agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees
and staff time, in any action or proceeding brought alleging a violation of these laws by Consultant or its guests,
invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon
request, Consultant shall provide accommodation to allow individuals with disabilities to participate in all Services
under this Agreement. Consultant agrees to utilize its own auxiliary aid or service in order to comply with ADA
requirements for effective communication with individuals with disabilities.
21. 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.
22. 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.
23. Publicity. At the City’s request, the City and Consultant shall develop language to use when discussing the
Services. Consultant agrees that Consultant shall not release any publicity regarding the Services or the subject
matter of this Agreement without prior consent from the City. Consultant shall not use the City’s logo or state that
the City endorses its services without the City’s advanced written approval.
24. 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.
25. 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.
26. Counterparts and Electronic Signatures. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
This Agreement may be transmitted by electronic mail in portable document format (“pdf”) and signatures
appearing on electronic mail instruments shall be treated as original signatures.
27. 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.
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CONSULTANT CITY OF GOLDEN VALLEY:
By: _________________________________
Kristin Duerr, Business Development Specialist
By: _________________________________
Roslyn Harmon, Mayor
By: _________________________________
Noah Schuchman, City Manager
32
Exhibit A
Scope of Services
Facility Condition Assessments & Staff Engagement:
• ICS can complete a facility assessment for the City noting deficiencies and projects that should be
incorporated into the City’s Capital Improvement Plan (CIP) including preliminary budget estimates for
identified items. The scope of services for this assessment will include a collection of data and
information that will provide a baseline of the following buildings systems and components:
Building Component and Systems Review
o Facility Site (including parking lots, sidewalks, landscaping, etc.)
o Building Envelope (exterior walls, sealants, windows, roofs, etc.)
o Building Interior Finishes (flooring, walls & ceilings)
o Mechanical Systems (HVAC, plumbing, controls, etc.)
o Electrical Systems (service, power distribution, lighting, etc.)
o Life Safety Systems (PA, fire alarm, fire protection, security, etc.)
o Accessibility Issues (building and site)
Space Needs Analysis and Existing Programming
o Evaluate the existing facilities space constraints.
o Evaluate existing departments and current space use.
o Determine space needs of departments based on current need and room for growth in the future.
o Evaluate the advantages and/or disadvantages or staying in the current building, relocating to
another facility or constructing a new facility.
• ICS also provides the option of a series of Listening Sessions with key stakeholder groups to gather their
input, if applicable, where participants will complete needs prioritization using a variety of ICS’s tools.
The stakeholder groups may include Administration, Department Heads, Staff, etc. The output of these
meetings is to define a collective vision for the City, from staff and operational needs to facility
improvement needs.
• Utilizing the data collected on site and provided by the City of Golden Valley, ICS will input the current
deferred maintenance and/or capital facilities needs into ICS’s proprietary software, CIP360: www.ics-
builds.com/what-we-do/plan/cip-360/. During data entry, ICS will input each line item into the relevant
“systems” and “components” as developed within the software.
• ICS will identify which projects would require consultants (i.e., architect, engineers, etc..) and any other
associated soft costs.
• Inflationary rate to be applied to the identified City’s needs.
• Identify and strategize on scopes of work that best address the deficiencies identified.
• ICS will work with the City to develop reports based on the data that was gathered during the site visits
and meetings with staff. An example report is available upon request.
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These items will help provide outcomes that clearly identify all costs involved with a specific project or wider
scopes of work and will give the City a better understanding of all costs involved associated with upkeep of the
current facilities.
Plan Development:
• Utilizing the report generated from the data gathering, analysis, and facility assessment effort, ICS is
capable of assisting the City to formulate it Long-Range Facility Plan. This plan will be objective and
identify potential financial resources necessary to execute it. ICS Services may include:
Presentation and Revision of Preliminary Plans
o Identify current facility programming needs including cost estimates.
o If new or replacement facilities are desired, provide budgets and justification.
o Identify potential funding sources and work with the City’s financial advisor to develop fundable
solutions.
o Revise scenarios with incorporated feedback and provide recommendations.
Communication Services
o Facilitate work sessions with the City Council Members and Staff.
o Supporting the City with local media/communications, as needed.
o Provide updates to the City Council Members, as needed.
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Assessment Personnel Description Rate / Hour
Business Development Specailist$120Facility Assessment Specialist$100Clerical / Accounting$70Mechanical/Electrical Engineer$180Mechanical/Electrical Engineer in Training$145Structural Engineer$175Civil Engineer$175Facility Scan Technician$140Facility Scan Equipment$35Environmental Consultant Personnel Rate / Hour
If necessary At firms hourly ratesNote:Anticipated to be between $95 - $155 dependent upon services required (i.e., air monitoring,
sampling, testing, lab technician, etc.)Item AmountType
Mileage (At Current IRS Amount)$0.67MileLodging / MealsActual Cost x 10%ReimbursableType
Amount / Rate/HourDescriptionEnergy Audit$0.65per Square FootageTechnical Services / Commissioning$1.00per Square FootageTechnical Service Director$120/hrTechnical Services Manager$110/hrTechnical Services Engineer III $100/hr
Technical Services Engineer II $90/hrTechnical Servcies Engineer I$80/hrAssessment Reimbursable ItemsOther 2024 Hourly Rates by Discipline and Experience Level Exhibit B
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EXECUTIVE SUMMARY
Human Resources
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
May 21, 2024
Agenda Item
3D. Adopt Resolution No. 24-030 Approving Amendment to Compensation and Classification Tables
Prepared By
Melissa Croft, Executive Assistant
Kirsten Santelices, Deputy City Manager/Human Resources Director
Summary
To exemplify transparency with the community, each year the City Council reviews and adopts the
City’s compensation grid and classification table. To ensure consistency within its compensation and
classification structure, the City continues to engage its consultant David Drown and Associates (DDA)
to review current positions to ensure they remain in line with current market averages.
In preparation for its full time City Manager search, the City worked with DDA to ensure the position
salary was competitive with the market. The City also updated some other positions to ensure
appropriate departmental delineation of roles and responsibilities, thereby increasing operational
effectiveness. The position changes include: Senior Planner (formerly Planner) Grade 10 to Grade 11;
Associate Planner (formerly Planning Assistant) Grade 5 to Grade 9; and Permit Technician Grade 7
(formerly Grade 6).
Financial or Budget Considerations
These compensation grid adjustments are absorbed within the approved 2024 budget.
Legal Considerations
The City contracts with DDA to grade all of the positions and ensure compliance with applicable
Minnesota Local Government Pay Equity laws.
Equity Considerations
One of the City's equity pillars is providing economic opportunities for all, which includes employment
opportunities, and paying fair and equitable wages. By contracting with DDA the City maintains a
consistent practice of grading positions and market considerations. The City will continue evaluating
its compensation grid and pay practices for equity considerations.
Recommended Action
Motion to adopt Resolution No. 24-030 approving amendment to compensation and classification
tables.
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Supporting Documents
Resolution No. 24-030 Compensation Study and Classification Grid Amendment
37
RESOLUTION NO. 24-030
RESOLUTION APPROVING IMPLEMENTATION
OF 2020 COMPENSATION STUDY AND
ESTABLISHING COMPENSATION GRID
AND CLASSIFICATION TABLE
WHEREAS, in 2020, the City conducted a full compensation and classification study (the “Study”) to
ensure the City is paying competitive and fair wages to its employees; and
WHEREAS, on December 15, 2020 the City Council approved implementation of the Study; and
adopted the compensation grid for the City:
WHEREAS, on December 15, 2020 the City also adopted a Classification Table that assigned a grade
to each position within the City; and
WHEREAS, positions are routinely reviewed and reclassified according to position responsibilities;
and the Council approved changes to the classification table by Resolution 21-13 on March 16, 2021; and by
Resolution 21-38 on May 18, 2021; and by Resolution 21-114 on December 21, 2021, and by Resolution 22-
048 on May 3, 2022, and by Resolution 22-120 on December 20, 2022; and by Resolution 23-007 on
February 7, 2023, and by Resolution 23-017 on April 4, 2023; and by Resolution 23-062 on July 5, 2023; and
by Resolution 23-108 on December 19, 2023; and by Resolution 24-021 on March 6, 2024; and
WHEREAS, in alignment with the City’s values of communication and accountability, it is the City’s
practice for the City Council to review and adopt the Compensation Grid and Classification Table annually;
and
WHEREAS, the City Council supports the health and wellness of City employees and their families
through qualified flexible health benefit plans; and
WHEREAS, the City provides a cafeteria plan that allows employees to design their own benefit
packages by purchasing benefits with a pre-specified amount of employer dollars; and
WHEREAS, the effective date and eligibility of City’s health insurance and contribution is established
by the Employee Handbook; and
WHEREAS, the amount of the employers’ monthly contribution is established annually by the City
Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that:
1. The City hereby adopts the 2024 monthly health benefit contribution as $1,652.10.
2. The City hereby adopts the following 2024 Full-Time & Part-Time Regular Compensation Grid
effective January 1, 2024:
Grade
Compensation Grid
4.90%4.90%4.90%4.90%4.90%4.90%
1 2 3 4 5 6 7
1 $20.40 $21.40 $22.45 $23.55 $24.71 $25.92 $27.18
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2 $21.62 $22.68 $23.80 $24.96 $26.18 $27.47 $28.80
3 $22.92 $24.04 $25.22 $26.45 $27.74 $29.11 $30.53
4 $24.29 $25.48 $26.73 $28.04 $29.42 $30.85 $32.37
5 $25.99 $27.27 $28.60 $30.01 $31.48 $33.02 $34.63
6 $27.81 $29.17 $30.61 $32.10 $33.67 $35.33 $37.06
7 $29.20 $30.63 $32.12 $33.70 $35.36 $37.09 $38.91
8 $30.36 $31.86 $33.42 $35.05 $36.77 $38.57 $40.46
9 $31.59 $33.14 $34.77 $36.46 $38.26 $40.12 $42.09
10 $33.16 $34.79 $36.49 $38.28 $40.16 $42.13 $44.19
11 $37.48 $39.32 $41.25 $43.26 $45.39 $47.61 $49.94
12 $39.72 $41.67 $43.71 $45.85 $48.10 $50.46 $52.93
13 $41.71 $43.75 $45.89 $48.14 $50.51 $52.98 $55.58
14 $43.38 $45.50 $47.74 $50.07 $52.53 $55.10 $57.81
15 $45.54 $47.77 $50.12 $52.58 $55.15 $57.85 $60.69
16 $48.28 $50.65 $53.12 $55.73 $58.46 $61.32 $64.55
17 $51.19 $53.69 $56.32 $59.08 $61.98 $65.01 $68.19
18 $55.78 $58.52 $61.38 $64.40 $67.55 $70.86 $74.33
19 $58.57 $61.44 $64.45 $67.61 $70.92 $74.40 $78.04
20 $61.50 $64.51 $67.67 $70.98 $74.46 $78.11 $81.94
21 $64.58 $67.75 $71.06 $74.55 $78.20 $82.03 $86.04
22 $68.45 $71.80 $75.32 $79.02 $82.89 $86.94 $91.21
23 $83.43 $87.09 $90.75 $94.41 $98.07 $101.73 $105.39
3. The City hereby adopts the following updated Full-Time & Part-Time Regular Classification Table:
Grade Positions
1
2 Guest Services Specialist
3 Administrative Assistant –Fire Department
Brookview Events Coordinator
Community Service Officer
Police Department Office Assistant
Recreation Coordinator
4 Administrative Assistant –Inspections
Administrative Assistant – Parks And Recreation
Engineering Assistant
Inspections & Development Assistant
Lead Community Service Officer
Lead Cook
Turf Maintenance Assistant
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5 Accounting Technician
Assessments/Accounts Payable Technician
Motor Vehicle License Clerk
Police Department Assistant
Public Works Assistant
6 Deputy City Clerk (Temporary)
Executive Assistant - City Manager’s Office
Facilities Maintenance Specialist
Management Analyst/Executive Assistant
Utility Billing Specialist
7 Golf Operations Coordinator
Maintenance Worker/Mechanic
Park Maintenance Worker
Permit Technician
Restaurant & Catering Coordinator
Street Maintenance Worker
Sustainability Specialist
Turf Equip Technician /Mechanic
Utilities Maintenance Worker
Web/Graphic Designer
8 Communications Specialist
Community Connections and Outreach Specialist
Executive Chef
Information Technology Technician
Public Works Inspector
Utilities Specialist
Vehicle Maintenance Worker/Mechanic
9 Associate Planner
City Forester
Engineering Technician II
Investigator - Non-Sworn
Park Maintenance Field Supervisor
Street Maintenance Field Supervisor
Utilities Maintenance Field Supervisor
Vehicle Maintenance Field Supervisor
Water Distribution Specialist
10 Assistant Golf Operations Manager
Engineering Technician III
Fire Inspector I
GIS Specialist
Payroll and Benefits Specialist
Police Support Services Supervisor
Water and Natural Resources Specialist
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11 Building Inspector
Crime Analyst Supervisor
Deputy Registrar Supervisor
Fire Inspector II
Greens & Turf Specialist
Human Resources Generalist
Information Technology Specialist
Patrol Officer
Police Department Recruiter (Temporary)
Recreation & Facilities Supervisor
Recreation Supervisor
Senior Planner
12 Accountant
Deputy Fire Marshal
Golf Maintenance Supervisor
Restaurant & Catering Manager
13 City Clerk
Equity and Inclusion Manager
14 Assistant City Engineer
Environmental Resources Supervisor
Golf Operations Manager
Park Superintendent
Street And Vehicle Maintenance Superintendent
Utilities Superintendent
15 Accounting Manager
Assistant Fire Chief
Building Official
Sergeant
16 Housing and Economic Development Manager
Information Technology Manager
17 Assistant Community Development Director
Police Lieutenant
18 City Engineer
Communications Director
Assistant Police Chief
19 Community Development Director
Finance Director
Fire Chief
Parks & Recreation Director
Public Works Director
20
21 City Attorney
Deputy City Manager/Human Resources Director
Police Chief
22
23 City Manager
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4. The City hereby adopts the following 2024 Seasonal, Variable Hour, Temporary and Intern Positions
Compensation Grid, effective March 1, 2024:
Steps 1 2 3 4 5 6 7
Grade
1 $12.17 $12.79 $13.40 0 0 0 0
2 $13.01 $13.68 $14.33 $15.01 $15.66 $16.32 $16.79
3 $13.56 $14.24 $14.92 $15.64 $16.32 $17.01 $17.47
4 $14.04 $14.88 $15.62 $16.33 $17.07 $17.79 $18.26
5 $14.29 $15.43 $16.18 $16.94 $17.70 $18.52 $19.01
6 $15.55 $16.00 $17.27 $17.85 $18.61 $19.54 $20.02
7 $18.25 $19.10 $19.84 $20.56 $21.38 $22.15 $22.64
5. The City hereby adopts the following 2024 Seasonal, Variable Hour, Temporary and Intern Positions
Classification Table:
Grade Position
1 Starter/Ranger
Warming House
2 316 Restaurant Positions:
Bartender
Server
Dishwasher/Bar‐Back
Election Judge (Step 6)
Indoor Playground Attendant
Park & Reaction Seasonal Athletics:
Playground Leader
Field Attendant
Sports Instructor
Golf Operations:
Beverage Cart Attendant
Par 3 Cashier
Range Supervisor
3 Election Captain (Step 6)
Pro Shop Cashier
4 Community Center Attendant
Golf Maintenance Operator
Parks and Recreation Program Specialist
5 Golf Office Assistant
Pathways Intern
6 Community Health Worker Intern
Curling Assistant
Golf Maintenance Technician
Lawn Bowling Assistant
Lead Pro Shop Cashier
Park and Recreation Intern
Seasonal Public Works Worker
7 Assistant Senior Program Coordinator
Banquet and Restaurant Staff Coordinator
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Cook
Community Development Intern
Elections Assistant
Engineering Intern
GIS Intern
Golf Staff Coordinator
Guest Services Lead
Human Resources Assistant
Water Resources Intern
Collegiate Intern
6. The City hereby adopts the following paid on-call firefighter compensation, effective January 1,
2024:
Battalion Chief $26.10 Per Hour
Captain $24.18 Per Hour
Lieutenant $22.43 Per Hour
Firefighter $19.48 Per Hour
Firefighter-Apprentice $16.55 Per Hour
Firefighter in Training $13.31 Per Hour
7. The Council shall approve all classification changes that increase the budget. Changes to job title and
other modifications that do not increasethe budget shall not require Council approval. The most
current Job Classification Grid shall be kept on file with the Human Resources Department.
Adopted by the City Council of Golden Valley, Minnesota this 7th day of May,2024.
______________________
Roslyn Harmon, Mayor
ATTEST:
_______________________
Theresa Schyma, City Clerk
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EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
May 21, 2024
Agenda Item
3E. Adopt Resolution No. 24-037 Approving the Golden Valley City Council Guide
Prepared By
Noah Schuchman, City Manager
Summary
In support of good governance and clarity for all, the Interim City Manager directed staff to review
council guiding principles, rules and procedures. These were last reviewed and approved in 2019, pre-
COVID and pre-virtual meetings. The Council discussed the proposed edits at the April and May work
sessions and this item brings the updated documents forward for adoption by the council.
Regular review of these items is important for consistency, clear expectations, common understanding
of roles and responsibilities. Staff recommends these documents be reviewed and approved at the
beginning of each new council term (every two years), particularly given the ethical and behavioral
expectations that are a part of the document. For example, the next review would happen at the first
meeting in January 2026.
Legal Considerations
The Golden Valley City Council Guide has been reviewed and approved by the City Attorney.
Equity Considerations
This item did not require equity review.
Recommended Action
Adopt Resolution No. 24-037 approving the Golden Valley City Council Guide.
Supporting Documents
Resolution No. 24-037 - Adopting Golden Valley City Council Guide
Exhibit A - Golden Valley City Council Guide
44
RESOLUTION NO. 24-037
RESOLUTION ADOPTING GOLDEN VALLEY CITY COUNCIL GUIDE
WHEREAS, the City of Golden Valley is committed to good governance and clarity for all; and
WHEREAS, the City Council’s guiding principles, meeting rules, and procedures were last
reviewed and approved in 2019; and
WHEREAS, the City Council is taking a proactive step toward providing clear expectations for
current and future Council Members; and
WHEREAS, the Golden Valley City Council Guide (the “Guide”) is a collection of the policies,
procedures, and rules applicable to the Council; and
WHEREAS, regular review of the Guide is important for consistency and common
understanding of Council roles and responsibilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley adopts the
Golden Valley City Council Guide attached hereto as Exhibit A, and the revised policies, procedures,
and rules contained in the Guide supersede all previously related adopted policies and procedures.
BE IT FURTHER RESOLVED that the Guide will be reviewed and approved by the Council the
January following each City election to coincide with the beginning of each new Council term.
Adopted by the City Council of Golden Valley, Minnesota this 21st day of May 2024.
_____________________________
Roslyn Harmon, Mayor
ATTEST:
_____________________________
Theresa J. Schyma, City Clerk
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Golden Valley City Council Guide
This City Council Guide is a collection of the policies, procedures, and rules applicable to the
Golden Valley City Council and Mayor (collectively, the “Council”). This Guide will be reviewed by
the Council the January following each City election.
Table of Contents
Guiding Principles ..........................................................................................................................2
General Policy Statement & Objective.................................................................................................. 2
Values .................................................................................................................................................... 2
Standards of Conduct ............................................................................................................................ 2
Communications ................................................................................................................................... 3
Identifying and Addressing Conflicts of Interest ................................................................................... 5
Hearing .................................................................................................................................................. 8
Meeting Rules ................................................................................................................................9
Agenda and Order of Business .............................................................................................................. 9
Rules of Order (Parliamentary Procedure) ........................................................................................... 9
Public Comment .................................................................................................................................. 11
Robert’s Rules Cheat Sheet ................................................................................................................. 13
Other Council Rules ...................................................................................................................... 14
Council Policy on the Role of Council Liaison and Other Appointments ............................................ 14
Elected Official Out of State Travel Policy........................................................................................... 15
Virtual Meeting Policy ......................................................................................................................... 17
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Guiding Principles
General Policy Statement & Objective
The purpose of this document is to establish guiding principles for the Golden Valley City Council
(the “Council”). These principles apply to the members of the Council and the Mayor as well as
the appointed members of the City’s Boards and Commissions (collectively “Members”,
individually a “Member”).
Values
The City of Golden Valley has adopted the following core values:
• Communication
• Community
• Inclusion
• Integrity
• Respect
• Innovation
• Courage
• Accountability
Standards of Conduct
1. A Member must not use their official position to secure special privileges or exemptions for
the Member or others.
2. A Member must not act as an agent or attorney for another before the Council or a board or
commission in a matter where a conflict of interest exists or may exist.
3. A Member must not knowingly accept or solicit, directly or indirectly, a gift or loan for
themself or another if this is prohibited by law.
4. A Member must not solicit or accept compensation or expense reimbursement for the
performance of the Member’s public duties from any sources other than:
a. the City;
b. other employment, but only if the person conducts public business incidental to other
employment, and the other employment does not interfere with, influence, or
compromise the person’s public position; or
c. another governmental agency or municipal association to a Member who serves as a
City representative for that agency, but only if the City does not also pay the Member
for the same activity.
5. A Member must not use public money, time, personnel, facilities, or equipment for private
gain or political campaign activities except when:
a. the use is required or authorized by law; or
b. the use is not greater than that allowed for members of the general public.
This paragraph does not prohibit correspondence at any time to individual community
members in response to the community member’s specific inquiries related to City business.
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6. A Member must not disclose to the public, or use for the private gain of self or others,
information that was gained by reason of the official’s public position and that is not public
data, or that was discussed at a closed session of the Council. Further, a Member must not
disclose information received, discussed, or decided in conference with the City Attorney that
is protected by the attorney client privilege, unless a majority of the Council has authorized
that disclosure.
7. A Member must not enter into a contract with the City, unless in accordance with law. A
Member who has a proprietary interest in an agency or company doing business with the City
must make known that interest in writing to the Council and the City Clerk.
8. A Member must not intentionally violate a provision of the City Code or the City ordinances.
9. Members are expected to be prepared for meetings by reading agenda packets and
requesting further information or research from staff in advance of the meetings.
10. Members direct City staff, contract employees, and consultants only through the City
Manager, as established by the requisite majority vote. At Council meetings, the Council may
express concerns and may provide staff specific direction, provided that the direction is the
consensus of the Council. The City Manager may request further clarification if they need
understanding of the Council’s expectations of staff.
11. Members shall conduct themselves in a manner that is consistent with Minnesota Statutes
Chapter 13D, the Open Meeting Law.
12. Members’ shall perform their duties in accordance with the process and rules of order
established by the Council and the City Code.
13. Members shall not use public resources that are not available to the general public (e.g., City
staff time, equipment, supplies, facilities, etc.) for private, personal, or political purposes.
14. It is the responsibility of Members to publicly share, with all other Members, information they
have received from sources outside of the public decision- making processthat pertains to a
topic under consideration. Whenever possible, new information or data obtained by
Members, pertinent to a topic being discussed, will be distributed through the City Manager
to other Council Members.
Communications
As elected and appointed officials, Members have a responsibility to communicate information
to the public and to manage records of their communications responsibly and in accordance
with applicable law. Communicating accurate, timely, and professional information is important
to ensuring the quality and credibility of information being provided to the public.
Public Record
Communications (electronic or written) between Members and City staff are public records
(with a few exceptions as stated by the Minnesota Data Practices Act). When Members receive
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requests for private data or information outside of the scope of a Member’s role, they should
route the request to the City Manager.
Align With Minnesota Open Meeting Law
Members should only share information and communicate with each other in alignment with
the Open Meeting Law. Members should generally act with caution when using electronic
means to communicate with one another to avoid serial conversations and inadvertent
violations of the Open Meeting Law. Members who wish to share information with other
Members related to City business should do so through the City Manager or their staff liaison.
To ensure an accurate and complete record, Members should always disclose information and
communications received outside of the meeting that inform their decisions. When three or
more Members receive a communication about an agenda item, it must be disclosed at the
meeting.
Community Member Questions, Comments, and Concerns
Members are expected to direct community member questions, comments, and concerns to
staff through the City Manager or applicable department head. Doing so ensures requests are
routed to the appropriate staff and allows managers to ensure proper follow-up and
coordination among departments.
Social Media
Since social media is an effective and frequently chosen communication tool among the public,
the City of Golden Valley has its own official social media pages, which post only the official
communications of the City and City Council consensus. Elected officials should take care not to
speak on behalf of the City on social media and should understand that speaking on social media
about City business related to their role can present legal risks, such as Open Meeting Law or due
process violations. Members with questions about appropriate use of social media should
contact the City Manager or City Attorney.
Email
Generally, email is removed from the system every five years. Email is sometimes public data and
usually discoverable in litigation, making it important to use it cautiously. Communications with
the City Attorney may be protected from disclosure by the attorney-client privilege so long as
they are kept confidential. When seeking legal advice or to discuss matters of pending litigation
or other “confidential” City business, contact the City Manager or City Attorney. Members should
never forward or disclose the contents of emails from the City Attorney – doing so has the effect
of waiving the attorney-client privilege and making the information discoverable.
Media Relations /Media Inquiries: City Manager’s Role
The City Manager communicates on the City’s behalf in interviews, publications, news releases,
on social media sites, and related communications. The City Manager is in the best position to
provide a response to media requests because many issues involve multiple departments or work
49
may already be in progress. Many times, the City Manager will direct a department director will
handle interviews and communications on behalf of the City.
Media Relations/Media Inquiries: Council’s Role
Members should follow the guidelines below when contacted by the media.
1. When the media contacts Members about upcoming agenda items, issues, or discussion
topics, Members should wait to provide information until the topic is voted on. This
communicates that a decision has not been made and allows the public process to work
by keeping the topic open for community member input. If a Member discusses the issue
with media before a decision is made, there is potential that the public may be confused
about the Council’s direction. This may create a public perception that a vote or decision
has been made on a topic, discourage the public from engaging in the democratic process,
and create legal risk.
2. When the media contacts Members about routine or public information (i.e., a meeting
time or agenda), Members may provide the media with the information and notify City
Manager.
3. When the media contacts Members about controversial or legal information (i.e.,
potential litigation, controversial issues, an opinion about a City policy or employee, or an
unfamiliar topic), Members should contact the City Manager so that they can work with
staff to provide a response or coordinate further discussion with the Council as
appropriate.
Identifying and Addressing Conflicts of Interest
So that community members may have the utmost confidence and trust in the integrity of their
City government, and to protect the City’s interest and its community member’s interests,
Members must disclose and avoid conflicts of interest that arise in performing their official
duties. To this end, the below principles provide Members guidance for identifying, addressing,
and disclosing conflicts of interest. This guidance supplements, not supplants, the responsibilities
Members have under law with regard to conflicts of interest. Members should consult with the
City Manager and/or City Attorney with questions or concerns they may have regarding conflicts
of interest (whether the conflicts are real or perceived, potential or in existence), and not
participate in or take any official action on a matter until such questions or concerns are resolved
with the City Manager or City Attorney.
Identifying Legal Conflicts of Interest
A “legal conflict of interest” exists when, in the discharge of official duties, a Member participates
in a governmental decision, action or transaction that:
1. affects the person’s financial interests or those of a business with which the person is
associated, unless the effect on the person or business is no greater than on other
members of the same business classification, profession, or occupation; or
50
2. affects the financial interests of an organization in which the person participates as a
member of the governing body, unless the person serves in that capacity as the City’s
representative.
Identifying Financial Interests
A financial interest is any interest, including loans, which may yield, directly or indirectly, a
monetary or other material benefit to the Member (other than monetary or material benefits
authorized by the City in accordance with law). A financial interest of a Member or Member’s
employer (other than the City), his or her associated business, or his or her spouse, domestic
partner, parent, sibling or child, and their employers or associated businesses shall also be
considered a financial interest of the Member. The following assets shall not be considered a
financial interest for purposes of this section:
1. ownership of shares in a diversified mutual fund;
2. membership in a pension plan or employee benefit plan;
3. ownership of bonds or publicly traded securities; and
4. ownership of a whole life insurance policy.
Addressing Legal Conflicts of Interest
1. When a legal conflict of interest exists, except as permitted by law, a Member must
disclose the potential conflict of interest for the public record, in the manner described in
Disclosure of Conflicts of Interest section below, and refrain from participating in the
discussion and from voting on the matter. To participate or participation, for the purposes
of this document, means making the decision, taking action, entering into a transaction,
providing advice or a recommendation, introducing, sponsoring, debating, voting on,
approving, and investigating the decision, action, or transaction.
2. A Member shall not participate in making, or attempt to use their position to influence,
any City governmental decision, action, or transaction in which the Member knows or has
reason to know that they have a legal conflict of interest.
Non-Legal Conflicts of Interest
1. Members may face situations in performing their official duties that raise, or are
perceived to raise, a conflict of interest but which do not fall within the above description
of a legal conflict of interest and are otherwise not a conflict of interest regulated by law.
These types of conflicts are referred to, for purposes of this document, as “non-legal
conflicts of interest.”
2. While non-legal conflicts of interest may be different in nature or degree from a legal
conflict of interest and other conflicts of interest regulated by law, they can nevertheless
impair, or give the appearance of impairing, a Member’s independence of judgement or
harm the City’s interests and the interests of community members.
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3. The significance of non-legal conflicts of interest often depends on the facts and
circumstances involved in each situation, and thus it is difficult to establish bright-line
rules regarding when such conflicts must be disclosed and necessitate a Member to
refrain from participating in a matter. Therefore, Members are entrusted to use their best
judgement regarding such situations with the aim of upholding the principles established
under this document and the highest possible standards of ethical conduct, and with the
understanding that public disclosure of non-legal conflicts of interest, by itself, helps
maintain trust and confidence in the integrity of City government with community
members.
4. To this end, if a Member recognizes that their participation may create a non-legal conflict
of interest, they should (i) discuss the matter in advance (to the extent possible) and in
confidence with the City Manager and/or City Attorney regarding the appropriate action
to take; and/or (ii) disclose the conflict in accordance with the Disclosure of Conflicts of
Interest section below and, if necessary, refrain from participating in the matter.
5. Without limiting the foregoing, a Member may participate in a City governmental
decision, action, or transaction involving an organization or entity that the Member, or
his or her partner, spouse, partner, domestic partner, sibling, or child is an officer,
director, board member, or trustee of, if the Member does not have a legal conflict of
interest in the governmental decision, action, or transaction. However, the Member must
disclose his or her affiliation with the organization or entity as though it were a legal
conflict of interest, in the manner described in the Disclosure of Conflicts of Interest
section below.
6. Similarly, a Member may participate in a City governmental decision involving a person
related by family to the Member, other than his or her parent, spouse, domestic partner,
sibling, or child, if the Member does not have a legal conflict of interest in the
governmental decision, action, or transaction. However, the Member must disclose his or
her relationship with the related person as though it were a legal conflict of interest, in
the manner described in Disclosure of Conflicts of Interest section below.
Disclosure of Conflicts of Interest
If a Member, in the discharge of their official duties, recognizes that their participation in a matter
would create a legal conflict of interest, or a non-legal conflict of interest that should or must be
disclosed, the Member shall disclose the conflict of interest as follows:
1. The Member shall disclose the conflict of interest to the City Manager and their fellow
Members as soon as they become aware of the conflict. If a Member becomes aware of
a conflict during a meeting of the Council or a committee or board, the Member shall
immediately disclose the conflict of interest orally.
2. In the case of a legal conflict of interest, a Member must also prepare, on a form
prescribed by the City Clerk, a written statement describing the matter requiring action
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or decision and the nature of his or her conflict of interest, or as otherwise required by
law. In the case of a Council Member, the written statement shall be distributed to the
other Council Members and Mayor and filed with the City Clerk. Likewise, in the case of a
Member of a board or commission, the written statement shall be distributed to the other
Members of the board or commission and filed with the City Clerk. After the first time the
Member has orally disclosed a conflict of interest and filed the disclosure form, the
Member may subsequently orally disclose a conflict by referring to the filed form. Because
Members may not attend all meetings, oral disclosure may consist of the written
statement being read into the record by the presiding Member at the first regular meeting
after the form has been filed. All written statements shall be filed and distributed within
one week after the Member becomes aware of the legal conflict of interest. In the case
of non-legal conflicts of interest that a Member discloses, the Member may file a written
statement regarding the conflict.
3. If a Member does not participate in any discussion or vote on a matter due to a conflict
of interest, he or she shall be counted present for the purposes of establishing a quorum
to carry on the business of the Council, board, or commission, but shall be considered
disqualified for the purpose of establishing the number of votes necessary to pass
motions or resolutions.
Hearing
Any person may file a written complaint with the City Clerk questioning a Member’s adherence
to the principles stated in Section III through VI above. After reviewing the complaint, the Council
may hold a public hearing only if: (1) a neutral third-party designated by the City Attorney, advises
the Council that the allegations state a legally-recognized violation of the law or a legally-
recognized conflict of interest; or (2) a neutral third-party designated by the City Attorney,
advises the Council that the complaint has been lodged in good faith and that the alleged
violation is related to the accused Member’s role as a Member.
Prior to the hearing, a letter will be sent to the accused Member stating the alleged complaint.
At the hearing, the accused Member shall have the opportunity to be heard.
If, after the hearing, the Council finds a violation of the principles stated in these Guiding
Principles, the Council may, by a majority vote, censure the accused Member. The accused
Member shall not participate in the Council’s decision to censure.
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Meeting Rules
Agenda and Order of Business
The order of City Council meeting agendas is set by resolution of the Council. The current order
of business is:
•Call to Order
•Additions and Corrections to Agenda
•Consent Agenda
•Public Hearings
•Old Business
•New Business
•Adjournment
The presiding officer may modify the order of business to accommodate people present or to
expedite the business of the council. No item of business shall be considered unless it appears
on the agenda for the meeting or is approved for addition to the agenda by a unanimous vote
of the Council Members present. Members wishing to add items to the upcoming agenda list
should contact the City Manager.
Rules of Order (Parliamentary Procedure)
The following discussion introduces a few rules of parliamentary procedure that can simplify the
work of the council. The rules are contained in The New Roberts Rules of Order,
Revised. Additional motions are included in the Roberts Rules “Cheat Sheet” on page 13.
Role of the Presiding Officer
The presiding officer is the Mayor or, if the Mayor is absent, the Mayor pro tempore. The
presiding officer has an extra measure of power. As the chair of the meeting, the presiding officer
is responsible for guiding the group toward the conclusion of pending business in good time,
while also giving major issues enough consideration. To accomplish this, the presiding officer has
two special powers: (1) Interpreting and applying the rules of procedure; and (2) recognizing
speakers.
The presiding officer decides questions of procedure, public participation, and order subject to
the right of any councilmember to appeal. The City Attorney provides guidance, when
appropriate, to ensure the meeting is conducted according to the requirements of law and the
adopted rules of procedure.
Motions
The council transacts business through motions made by councilmembers. These motions are
usually seconded and subsequently passed or rejected by council vote. Each motion has different
rules. For example, councils can debate some motions while they must vote on others
immediately. Some motions require a simple majority for passage; others need a two-thirds or
four-fifths majority. These are the typical steps to make and act on a motion:
54
• A Member addresses the presiding officer.
• The presiding officer recognizes the Member.
• The Member states their motion. (Usually in the following form: “I move . . . text of the
motion.”)
• If necessary, another councilmember then seconds the motion by saying: “I second the
motion.”
• The presiding officer puts the question before the council by announcing there is a motion
and a second. A discussion follows, if the motion can be debatable.
• A councilmember may make subsidiary motions in the same form as the original motion.
• The council votes on the original motion or on any of the subsidiary motions.
• The presiding officer announces the result of the vote on each motion immediately after
the vote count is complete.
Special Motions
Several motions deserve special consideration. They include the following:
a. The Motion to Reconsider
This motion enables a council to set aside a vote it previously took, and to reconsider the
matter as though it had not voted on the issue. Only a person who originally voted on the
prevailing side may move to reconsider. Otherwise, any member may make the motion
by saying, “I move to reconsider . . . stating the motion to be reconsidered . . .” The council
may debate the motion. If the council passes the motion to reconsider, it must then
reconsider the original motion and take another vote. If the council defeats a motion to
reconsider, no further action is necessary.
b. The motion to postpone indefinitely
There is an important difference between the motion to postpone indefinitely and the
motion to postpone temporarily. The motion to postpone temporarily is more commonly
called a motion to “lay on the table” or “to table.” The motion to postpone temporarily
postpones consideration of the motion until some undetermined, future time. The council
may consider a tabled motion whenever a majority of the members decide to do so. A
motion to postpone indefinitely, however, is the equivalent to a negative vote on the
main motion. An affirmative vote on it may be reconsidered, but not a negative vote. A
motion to permanently suppress any future consideration of an issue is not binding on a
future council.
c. The Motion to Limit Debate
A council may limit debate by placing a reasonable time limit on it, such as a limit of 15
minutes to consider a particular motion; or limiting the number of people who may speak
for and against a certain motion, such as a limit of three speakers in favor and three
speakers opposed.
d. The Motion to Amend
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Members may offer amendments to a main motion at any time. In addition, it is possible
to amend an amendment currently under consideration. Beyond this, councilmembers
can offer no further amendments. When a member has made a motion to amend, the
vote on the amendment must precede the vote on the original motion. After the body
has accepted or rejected the amendment, another vote on the original motion is
necessary.
e. The Motion to Substitute
This is a motion to replace one motion with another on the same subject. A Member may
move to substitute a main motion or an amendment to a main motion. One form for
making a substitute motion is to say, “I wish to introduce the following substitute motion
. . . present the substitute motion . . .” When a substitute motion is before the body, the
body must decide which of the two motions, the original motion or the substitute motion,
to consider. The body must vote on the question. A “yes” vote favors considering the
substitute motion. A “no” vote favors considering the original motion. The body must
then discuss and vote on the selected motion.
Public Comment
Open Forum
Open Forum is conducted prior to the Call of Order and is not televised. In an effort to provide
full and open communication with the public, the City Council uses Open Forum to gather
information via public input. The following procedures apply to Open Forum:
• Open Forum will begin promptly at 6:20 pm and last for a maximum of 10 minutes.
• The Mayor opens the Open Forum.
• Those wishing to speak should raise their hands and approach the podium when
recognized by the Mayor, then clearly state their name and the topic they wish to discuss.
• Each person will be allowed three minutes to speak. The City Clerk, or the staff meeting
support person, will activate a timer that will show on screens in the Council Chambers
to ensure that the Mayor is able to apply the time limit to all speakers fairly.
Spokespersons may be given more time to speak on behalf of a group of people.
• Only one person may speak at a time.
• Speakers are encouraged to direct comments to the City Council as a whole and not to
one particular member.
• Open Forum is intended for topics not on the City Council agenda that same day.
• Speakers are encouraged to comment on any aspect of City business, but direct or
inferred comments on personality conflicts with City Council, Commission, or staff
members, including but not limited to personal attacks, hate speech, or threats of
violence, will not be allowed.
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• The City Council will not take official action on items discussed during Open Forum, except
to refer items to staff for future discussion. Council members may ask questions for
clarification purposes, but they may wish to investigate or research issues before
responding.
• The City Clerk will keep a record of speakers and comments.
Public Hearings
The following procedures apply to Public Hearings:
• The Mayor opens the public hearing.
• Those wishing to speak should raise their hands and approach the podium when
recognized by the Mayor, then clearly state their name for the record.
• Each person will be allowed three minutes to speak. The City Clerk, or the staff meeting
support person, will activate a timer that will show on screens in the Council Chambers
to ensure that the Mayor is able to apply the time limit to all speakers fairly.
Spokespersons may be given more time to speak on a behalf of a group of people.
• Only one person may speak at a time. Everyone who wishes will have a chance to address
the Council. The Mayor may ask staff to answer questions after all persons have had a
chance to speak.
• No one will be given an opportunity to speak a second time until everyone has had an
opportunity to speak initially. Please limit second comment to new information and not
rebuttals.
• Speakers are encouraged to direct comments to the City Council as a whole and not to
one particular member.
• Direct or inferred comments on personality conflicts with City Council, Commission, or
staff members, including but not limited to personal attacks, hate speech, or threats of
violence, will not be allowed.
• The audience is urged to be polite and quiet as comments are made to the Council.
Applauding or other disruptive behavior are inappropriate during City Council
proceedings.
• There will be no straw votes of people present.
• When the public comments are completed, the Mayor closes the public hearing and starts
Council discussion. The audience is welcome to listen quietly to the discussion but may
not make further comments.
• The City Clerk will keep a record of speakers and comments.
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Robert’s Rules Cheat Sheet
Order To do this You say this May you
interrupt speaker?
Must you be
seconded?
Is the motion
debatable?
Is the
motion amendable?
What vote is required?
1 Adjourn the meeting “I move we adjourn” May not interrupt
the speaker
Must be
seconded
Not debatable Not
amendable
Majority vote required
2 Recess the meeting “I move that we
recess until…”
May not interrupt
the speaker
Must be
seconded
Not debatable Amendable Majority vote required
3 Complain about a
noise, room
temperature, etc.
“Point of privilege” May interrupt
speaker
No second
needed
Not debatable
(in this case,
any resulting
motion is
debatable)
Not
amendable
No vote required (chair
decides)
4 Suspend further
consideration of
something
“I move we table it” May not interrupt
speaker
Must be
seconded
Not debatable Not
amendable
Majority vote required
5 End debate “I move the previous
question”
May not interrupt
speaker
Must be
seconded
Not debatable Not
amendable
Two-thirds vote required
6 Postpone
consideration of
something
“I move we
postpone this matter
until…”
May not interrupt
speaker
Must be
seconded
Debatable Amendable Majority vote required
7 Have something
studied further
“I move we refer this
matter to a
committee/attorney”
May not interrupt
speaker
Must be
seconded
Debatable Amendable Majority vote required
8 Amend a motion “I move that this
motion be amended
by…”
May not interrupt
speaker
Must be
seconded
Debatable Amendable Majority vote required
9 Introduce business
(a primary motion)
“I move that…” May not interrupt
speaker
Must be
seconded
Debatable Amendable Majority vote required
no order Object to a
procedure or to a
personal affront
“Point of order” May interrupt
speaker
No second
needed
Not debatable Not
amendable
No vote required, chair
decides
no order Request information “Point of
information”
If urgent may
interrupt speaker
No second
needed
Not debatable Not
amendable
No vote required
no order Ask for a vote by
actual count to
verify a voice vote
“I call for a division
of the house”
May not interrupt
speaker
No second
needed
Not debatable Not
amendable
No vote required unless
someone objects (then
majority vote required)
no order Object to
considering some
undiplomatic or
improper matter
“I object to
consideration of this
question.”
May interrupt
speaker
No second
needed
Not debatable Not
amendable
Two-thirds vote required
no order Take up a matter
previously tabled
“I move we take
from table”
May interrupt
speaker
Must be
seconded
Not debatable Not
amendable
Majority vote required
no order Reconsider
something already
disposed of
“I move we now (or
later) reconsider our
action relative to…”
May interrupt
speaker
Must be
seconded
Debatable if
original motion
is debatable
Not
amendable
Majority vote rquired
no order Consider something
out of its scheduled
order
“I move we suspend
the rules and
consider…”
May interrupt
speaker
Must be
seconded
Not debatable Not
amendable
Two-thirds vote required
no order Vote on a ruling by
the chair
“I appeal the chairs
decision.”
May not interrupt
speaker
Must be
seconded
Debatable Not
amendable
Majority vote required
The motions or points numbered are listed in established order of precedence. When one of them is pending, you may not introduce another that's listed below it,
but you may introduce another that's listed above it. The motion or points that have no established order of precedence may be introduced at any time, except when the meeting is considering 1, 2 or 3.
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Other Council Rules
Council Policy on the Role of Council Liaison and Other Appointments
Council Liaison
Each year the City Council names one or two of its members as liaison to each of its Boards and
Commissions. The intent of the liaison is to improve communications between the Council and
its appointed Boards and Commissions. Liaisons should attend at least one or two meetings of
the designated Board/Commission each year for formal communications, although they may
attend any meeting to observe other agenda items of interest.
If requesting to be on the agenda, the liaison should contact the Chair and staff liaison to
determine an appropriate date and time; however, as a reminder, the liaison is not a participating
member of the board/commission. Liaisons should informally report to the Council on issues
significant to the Boards and Commissions.
Other Appointments
Each year, the Council appoints the Mayor and Council Members to serve as representatives,
delegates, or alternates on various advisory groups or joint powers organizations. Additionally,
the City Council appoints its members and staff to fill several roles required by statute. These
appointments are for one-year terms.
The list of current and recent appointments is distributed to the City Council in December so that
there is adequate time to review and discuss proposed appointments for the upcoming year. The
City Council adopts the annual assignments and appointments by resolution at a meeting each
January.
Reporting to the Council
When serving as either liaison or appointed member, the Mayor/Council Member should
regularly report to the full Council on issues currently under discussion by a particular board or
commission. When representing the City on an affiliated Board or Commission, positions taken
should represent the consensus of the City Council as a whole. Positions under consideration
should be discussed during regular updates to the Council. It may be appropriate to adopt a
resolution outlining specific Council positions for issues of special concern to the Council.
Reimbursement for Meeting Attendance
Under City Code, Section 2-43, the Mayor and Council are paid $50 for each meeting they are
directed or designated to attend, up to a maximum of $150 per month. Where a delegate and
alternate are appointed, the delegate is eligible for payment for all meetings they attend. The
alternate is eligible for payment for all meetings they attend that the delegate does not attend.
The City Council adopts an annual resolution in January that lists the meetings eligible for
reimbursement and method for approval, as required by ordinance.
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Elected Official Out of State Travel Policy
Purpose
The City of Golden Valley recognizes that its elected official may at times receive value from
traveling out of the state for workshops, conferences, events and other assignments. This policy
sets forth the conditions under which out-of-state travel will be reimbursed by the City.
General Guidelines:
1. The event, workshop, conference or assignment must be approved in advance by the City
Council at an open meeting and must include an estimate of the cost of the travel. In
evaluating the out-of-state travel request, the Council will consider the following:
• Whether the elected official will be receiving training on issues relevant to the City or
to his or her role as the Mayor or as a Council Member;
• Whether the elected official will be meeting and networking with other elected
officials from around the country to exchange ideas on topics of relevance to the City
or on the official roles of local elected officials.
• Whether the elected official will be viewing a city facility or function that is similar in
nature to one that is currently operating at, or under consideration by the City where
the purpose for the trip is to study the facility or function to bring back ideas for the
consideration of the full Council.
• Whether the elected official has been specifically assigned by the Council to visit
another city for the purpose of establishing a goodwill relationship such as a "sister-
city" relationship.
• Whether the elected official has been specifically assigned by the Council to testify on
behalf of the City at the United States Congress or to otherwise meet with federal
officials on behalf of the City.
• Whether the City has sufficient funding available in the budget to pay the cost of the
trip.
2. No reimbursements will be made for attendance at events sponsored by or affiliated with
political parties.
3. The City may make payments in advance for airfare, lodging and registration if specifically
approved by the council. Otherwise all payments will be made as reimbursements to the
elected official.
4. The City will reimburse for transportation, lodging, meals, registration, and incidental costs
using the same procedures, limitations and guidelines outlined in the City's policy for out-of-
state travel by City employees.
5. Airfare will be reimbursed at the coach rate.
6. Mileage will be reimbursed at the IRS rate. If two or more Council Members travel together
by car, only the driver will receive reimbursement. The City will reimburse for the cost of
renting an automobile if necessary to conduct City business.
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7. Lodging and meal costs are limited to those which are reasonable and necessary.
8. Receipts are required for lodging, airfare, and meals and should accompany an expense
report form. It is not necessary to have receipts for cabs and tips. The expense report form
shall be submitted to the Finance Department for payment.
9. The City will not reimburse for alcoholic beverages, personal telephone calls, costs associated
with the attendance of a family member, rental of luxury vehicles, meal expenses included in
the cost of registration, or recreational expenses such as golf or tennis. Adopted November
15, 2005.
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Virtual Meeting Policy
Purpose
The purpose of this Remote Meeting Attendance Policy (“Policy”) is to establish standards
for remote meeting attendance for City of Golden Valley elected and appointed officials. All
remote attendance must meet the requirements of Minnesota Statutes § 13D.02 and this
Policy.
Policy
A. Applicability
This Policy applies to City of Golden Valley elected and appointed officials (collectively,
“Members”), including but not limited to members of the following public bodies:
1. The City Council
2. All commissions of the City of Golden Valley
3. All boards of the City of Golden Valley
4. All task forces of the City of Golden Valley
5. All other public bodies duly created by the Golden Valley City Council
B. Interactive Technology & Remote Attendance Defined
As used in this Policy, the terms Interactive Technology and Remote Attendance have the
following meanings:
• Interactive Technology means technology that allows all Members to hear and see
one another and all discussion and testimony presented at any location at which at
least one member is present.
• Remote attendance means attending a meeting by Interactive Technology from a
location that is not the regular meeting location.
C. Requirements
Elected and appointed officials may attend City Council, Board, or Commission meetings
by interactive technology so long as:
1. All Members of the body participating in the meeting, wherever their physical
location, can hear and see one another and can hear and see all discussion and
testimony presented at any location at which at least one Member is present;
2. Members of the public present at the regular meeting location of the body can hear
and see all discussion and testimony and all votes of members of the body;
3. At least one Member of the body is physically present at the regular meeting
location;
4. All votes are conducted by roll call so each Member’s vote on each issue can be
identified and recorded; and
5. Each location at which a Member of the body is present is open and accessible to
the public.
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D. Quorum
Each Member participating in a meeting by Interactive Technology is considered present
at the meeting for purposes of determining a quorum and participating in all proceedings.
E. Notice
If a Member attends a meeting by Interactive Technology, the City must provide notice of
the regular meeting location and notice of any site where a Member of the body will be
participating by Interactive Technology.
A Member wishing to attend a meeting remotely must request approval from the public
body’s staff liaison at least seven (7) calendar days prior to the meeting. The Staff Liaison will
review the request to ensure conditions of this policy are met. The Member’s request must
include the reason or reasons for the request and the description and street address of the
proposed remote meeting location.
F. Internet Connection
Members remotely attending a meeting must have a stable, consistent source of internet
access.
G. Associated Costs
Members attending remotely are responsible for any associated costs and will not be
reimbursed by the City for remote meeting related expenses.
H. Public Monitoring of Remote Meetings
If Interactive Technology is used to conduct a meeting, to the extent practical, the City shall
allow members of the public to monitor the meeting electronically from a remote location.
I. Records
The minutes for all meetings conducted using Interactive Technology must reflect the names
of any Members appearing by Interactive Technology and state the reason or reasons for the
appearance by Interactive Technology.
J. Exceptions under State Law
This Policy shall not preclude members from participating remotely where they meet the
requirements of Minn. Stat. § 13.02, subd. 1(b)(1)-(2), or 13D.021.
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EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
May 21, 2024
Agenda Item
4A. Public Hearing to Authorize Submittal of Application to DEED's Minnesota Investment Fund (MIF)
for Baxter Healthcare Corporation, Resolution No. 24-038
Prepared By
Christine Costello, Housing & Economic Development Manager
Summary
On May 7th, the City Council held a public hearing to authorize submittal of application to DEED's
Minnesota Investment Fund (MIF) and Job Creation Fund (JCF) programs from Baxter Healthcare
Corporation. The City Council approved the items unanimously. During additional conversations with
DEED on the MIF program they stated that the company or a representative of the company needed
to publicly attest in writing and/or in person at the public hearing that without MIF the 70 jobs that
are currently in Plymouth would move out of Minnesota. DEED provided additional language for the
resolution as well as reviewing it to ensure it satisfied their MIF requirements.
Background Information from May 7th City Council Agenda
In February 2024 the Minnesota Department of Employment and Economic Development (DEED)
approached the City of Golden Valley regarding a request for proposal (RFP) for a company interested
in locating in Golden Valley, Minnesota or Chicago, Illinois. In partnership with DEED and GreaterMSP,
Golden Valley responded to the RFP to be considered as a potential location in Minnesota. The
company, Baxter Healthcare Corporation (Baxter), currently has a small presence in Plymouth, but
would look to consolidate existing and future operations at 201 General Mills Boulevard. The location
would become one of the company's R&D Centers of Excellence, and be 1 of 4 globally. Baxter would
be making a $30-40 MM dollar investment and creating an additional 100 new jobs over the next two
years. The combination of their existing workforce in Plymouth would bring a total of 170 jobs to
Golden Valley.
The requested actions before City Council allows for the City to assist Baxter Healthcare Corporation in
applying for DEED's Minnesota Investment Fund (MIF) program. This is the first step in the process for
the company to be considered eligible for this State financing program. Below is an explanation of the
City and company's role for each program if the applications are approved by the State.
Minnesota Investment Fund (MIF) Program
MIF provides dollars to local units of government in the form of grants. Cities then provide low
interest or forgivable loans to help businesses retain and create high-quality jobs with a focus on
engineering, manufacturing, and technology-related industries. The State determines the type of
64
assistance a company receives, including interest rates and term, based on the number of jobs being
created and overall investment in the community where the company locates or expands. MIF dollars
can be used in the purchase of any fixed assets including real estate, machinery, and equipment.
MIF is structured as a pass-through program meaning that the funds are awarded to the City as a grant
and then passed on to the company as a repayable loan. The City will enter into a grant agreement
with the State and a loan agreement with the company that details ongoing obligations as they relate
to the MIF dollars. The company then has two years to fulfill the job creation obligations stated in the
loan agreement. If the company meets all goals in two years, the forgivable portion of the loan will be
given. If the company does not meet job and wage goals, the funds will be paid back to the City,
who returns it to the State. The City will be responsible for submitting an annual report detailing the
progress the company has made toward job creation goals. Reporting is completed in partnership
with the company.
As part of the application, the City of Golden Valley is required to hold a public hearing concerning
submittal of the MIF application to DEED.
Financial or Budget Considerations
The administration of the MIF will use budgeted staff time to ensure the company completes all
required reporting for the State program. The MIF will have no impact on City or HRA budget, since
MIF funds are a pass-through program.
Legal Considerations
The City Attorney reviewed the attached resolution to ensure they met City Code and policies. In
addition, if the State approves the application for MIF award funding to the company, the City
Attorney will review and negotiate all grant agreements on behalf of the City. This has been standard
process for agreements with the State.
Equity Considerations
Equity will review all agreements if funding is awarded to ensure that Golden Valley's equity pillar of
providing unbiased programs and services is met in all agreements.
Recommended Action
1. Conduct and close a public hearing for the Minnesota Investment Fund (MIF) application to
ensure public testimony is received prior to consideration.
2. Motion to approve Resolution No. 24-038 authorizing submittal of an application to the
Minnesota Department of Employment and Economic Development's Minnesota Investment
Fund (MIF) program for Baxter Healthcare Corporation.
Simple Majority Vote is needed.
Supporting Documents
Resolution No. 24-038 - Authorizing MIF Application
2024-05-15 - Savills Letter of Attestation
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RESOLUTION NO. 24-038
A RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE
MINNESTOA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT
UNDER THE MINNESOTA INVESTMENT FUND (MIF) PROGRAM FOR BAXTER
HEALTHCARE CORPORATION
WHEREAS, the City of Golden Valley, Minnesota desires to act as legal sponsor
for a project from Baxter Healthcare Corporation to be submitted to the Minnesota
Department of Economic Development to apply for the Minnesota Investment Fund (MIF)
program; and
WHEREAS, the City of Golden Valley agrees to forgive Minnesota Investment
Funds to support the retention of the existing 70 jobs in Minnesota. Without this support,
Savills who has been retained by Baxter Healthcare Corporation to represent them
attested that they will move the jobs out of Minnesota; and
WHEREAS, the City of Golden Valley has the legal authority to apply for financial
assistance, and the institutional, managerial, and financial capability to administer the
proposed project; and
WHEREAS, the City of Golden Valley has not violated any Federal, State, or local
laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful
or corrupt proactive; and
WHEREAS, the City of Golden Valley has obtained credit reports and credit
information on the company. Upon review by the City of Golden Valley and Ehlers Inc.,
no adverse findings of concern regarding, but not limited to, tax liens, judgements, court
actions, and filings with state, federal and other regulatory agencies were identified.
Failure to disclose any adverse information could result in revocation or other legal action;
and
WHEREAS, Resolution No. 24-035 is rescinded and replaced with Resolution No.
24-038 authorizing submittal of an application to the Minnesota Department of Economic
Development to apply for the Minnesota Investment Fund (MIF) program.
NOW, THEREFORE, BE IT RESOLVED, that the City of Golden Valley shall act
as legal sponsor for the project contained in the Minnesota Investment Fund Application
to be submitted on or about May 21, 2024, and that the Mayor and City Manager are
hereby authorized to apply to the Department of Employment and Economic
Development for funding of this project on behalf of the company.
BE IT FURTHER RESOLVED, that upon approval of its application by the State,
the City of Golden Valley may enter into a Grant Contract with the State of Minnesota for
the approved project, and that the City of Golden Valley certifies that it will comply with
all applicable laws, statutes, regulations and rules as stated in the Grant Contract and
described in the Project Compliance Certification of the Application.
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BE IT FURTHER RESOLVED,that the Mayor and City Manager are hereby
authorized to execute the Grant Contract and amendments thereto, in the form approved
by the City Attorney, as are necessary to implement the project on behalf of the City of
Golden Valley.
Passed by the City Council of the City of Golden Valley, Minnesota this 21st day of May,
2024.
____________________________
Roslyn Harmon, Mayor
Attested:
____________________
Theresa Schyma, City Clerk
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savills.us
150 N Riverside Plaza
Suite 1900
Chicago, IL 60606
T: 312.595.2900
5/15/2024
Mayor Roslyn Harmon
7800 Golden Valley Road
Golden Valley, MN 55427
Dear Mayor Harmon and Golden Valley City Council:
This email is to inform you and the Council that Savills, Inc. was retained by Baxter Healthcare
Corporation to assist the company with its real estate and site selection consulting needs.
As Baxter’s representative, we hereby attest that but for the MIF funds being committed to this
project by the State and supported by this body, Baxter would relocate the 70 jobs currently
located in Plymouth, MN out of Minnesota.
Baxter greatly appreciates the support you and the Council have shown for this project.
Kindest regards,
Ann Marie Collins
Vice Chairman
Savills
Chris Hemans
Managing Director
Savills
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EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
May 21, 2024
Agenda Item
6A. Review of Council Calendar
Prepared By
Theresa Schyma, City Clerk
Summary
The Council will review upcoming city meetings, events, and holiday closures.
Legal Considerations
This item does not require legal review.
Equity Considerations
This item does not require equity review.
Recommended Action
No action is required on this item.
Supporting Documents
Review of Council Calendar
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Review of Council Calendar
Event Event Time Location
MAY
Monday, May 27
City Offices Closed for Observance of Memorial Day
JUNE
Tuesday, June 4
Special HRA Meeting 6:30 PM Hybrid - Council Chambers
City Council Meeting 6:30 PM Hybrid - Council Chambers
Thursday, June 6
Golden Valley Business Connections 8:00 AM - 9:30 AM
MRA - The Management
Association, 5980 Golden Hills
Drive
Board & Commission Appreciation/Orientation Dinner 6:00 PM Brookview - Valley Room
Saturday, June 8
Golden Valley Pride Festival 12:00 PM - 6:00 PM Brookview Park
Tuesday, June 11
Council Work Session 6:30 PM Hybrid - Council Conference Room
Thursday, June 13
Building an Equitable Golden Valley: Building and Retaining and
Equitable City Workforce and Supplier Pool 6:00 PM - 8:00 PM Brookview, Bassett Creek Room
North
Sunday, June 16
Market in the Valley - Opening Day 9:00 AM - 1:00 PM City Hall Campus
Tuesday, June 18
HRA Meeting 6:30 PM Hybrid - Council Chambers
City Council Meeting 6:30 PM Hybrid - Council Chambers
Wednesday, June 19
City Offices Closed for Observance of Juneteenth
Friday, June 21
Kumbayah: The Juneteenth Story Live Play
11:00 AM
(pre-show activities
begin at 10:30 AM)
Northrop, 84 Church St SE,
Minneapolis
Sunday, June 23
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Wednesday, June 26
Public Safety Open House 5:00 PM - 8:00 PM Fire Station 1
7700 Golden Valley Rd
Sunday, June 30
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
JULY
Tuesday, July 2
City Council Meeting 6:30 PM Hybrid - Council Chambers
Thursday, July 4
City Offices Closed for Observance of Independence Day
Sunday, July 7
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Tuesday, July 9
Council Work Session 6:30 PM Hybrid - Council Conference Room
Sunday, July 14
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
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