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10-15-24 City Council Agenda October 15, 2024 — 6:30 PM Council Chambers Hybrid Meeting 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.Roll Call 1C.Introduction of Robbinsdale School District Superintendent Dr. Teri Staloch 1D.New Employee Introductions 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.Receive and File - Gambling License Exemption and Waiver of Notice Requirement - Sons of the American Legion Post 523 3C.Bids, Quotes, and Contracts: 3C.1.Approve Memorandum of Understanding between the City of Golden Valley and the Golden Valley Crime Prevention Fund 3D.Adopt Resolution No. 24-063 Approving the Housing Improvement Area (HIA) Policy for the City of Golden Valley 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 2632 916 6135 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 2632 916 6135 and webinar password 1234. Press *3 to raise your hand during public comment sections. City of Golden Valley City Council Regular Meeting October 15, 2024 — 6:30 PM 1 3E.Adopt Resolution No. 24-064 Approving Updated Bylaws of the Golden Valley Fire Department Relief Association 4.Public Hearing - None. 5.Old Business - None. 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 October 15, 2024 — 6:30 PM 2 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 15, 2024 Agenda Item 1C. Introduction of Robbinsdale School District Superintendent Dr. Teri Staloch Prepared By Elinorah Sinyembo, Executive Assistant Summary Dr. Teri Staloch will be introducing herself to the City Council as the new Superintendent for the Robbinsdale School District. Legal Considerations N/A Equity Considerations N/A Recommended Action N/A 3 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 15, 2024 Agenda Item 1D. New Employee Introductions Prepared By Elinorah Sinyembo, Executive Assistant Summary Ben Disch, Golf Operations Manager, will be introducing Justin Norcutt, Golf Operations Coordinator. Legal Considerations Legal review is not required on this item. Equity Considerations Equity review is not required on this item. Recommended Action No action is required on this item. 4 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 15, 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: 10-02-2024 Check Register 10-09-2024 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. 5 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 15, 2024 Agenda Item 3B.1. Receive and File - Gambling License Exemption and Waiver of Notice Requirement - Sons of the American Legion Post 523 Prepared By Theresa Schyma, City Clerk Summary The Sons of the American Legion Post 523 have applied for two Gambling License Exemptions to conduct gambling (bingo and raffle) for events at the Chester Bird American Legion Post 523, 200 Lilac Drive North, on Friday, October 25 and Friday, November 22, 2024. As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Legal Considerations This item does not require legal review. Equity Considerations Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create relationships within the community and make connections that can help provide unbiased programs and services to those in need. Recommended Action Motion to receive and file gambling license exemptions and approve waivers of notice requirement for the Sons of the American Legion Post 523 to conduct gambling (bingo and raffle) for events at the Chester Bird American Legion Post 523, 200 Lilac Drive North, on October 25 and November 22, 2024. 6 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 15, 2024 Agenda Item 3C.1. Approve Memorandum of Understanding between the City of Golden Valley and the Golden Valley Crime Prevention Fund Prepared By Noah Schuchman, City Manager Summary The City of Golden Valley and the Golden Valley Crime Prevention Fund have a long history of successfully partnering to support the City's public safety departments and keep the community safe. The proposed MOU formalizes this long-standing relationship. The MOU is consistent with the form and content of other MOUs between the City and non-profit partners and will enable the two organizations to continue to support each other's work for the benefit of the Golden Valley community and staff. Financial or Budget Considerations There is no budget impact to the City. Historically, the City has benefitted financially from its relationship with the CPF because the CPF makes donations to the City throughout the year to support public safety staff and community engagement. Legal Considerations The MOU is based on the City's community partner MOU template and has been reviewed and approved by the City Attorney. Equity Considerations The community engagement work supported by this partnership furthers the City's equity goals. Recommended Action Motion to approve Memorandum of Understanding between the City of Golden Valley and the Golden Valley Crime Prevention Fund. Supporting Documents Memorandum of Understanding with Crime Prevention Fund 7 Memorandum of Understanding Regarding Golden Valley Crime Prevention Fund This Memorandum of Understanding (“MOU”) is made by and between the City of Golden Valley, a Minnesota Municipal Corporation (the “City”) and the Golden Valley Crime Prevention Fund (the "Crime Prevention Fund") a 501c3 nonprofit organization under the laws of the state of Minnesota (collectively, the “Parties”). RECITALS 1. The Crime Prevention Fund is a nonprofit organization that solicits donations from city residents and business. The fund is administered by a board of citizens who determine how to allocate funds to best support public safety activities in the City of Golden Valley through a formalized relationship with the City. 2. The City believes the Crime Prevention Fund serves an important purpose in the community. The City recognizes that the Crime Prevention Fund’s work improves the general health and welfare of the community by helping the public safety departments deliver services to the community that the City may not otherwise have the resources or capacity to deliver. 3. The Crime Prevention Fund’s activities support programs identified by the City’s public safety departments that educate citizens about their role in forging the safest community possible, including: a. rewards for information in serious criminal cases; b. funds to help with various community outreach and public education activities; and c. an annual scholarship for Minnesota students seeking a degree and employment in public safety 4. The Parties wish to reinforce their positive and collaborative relationship by entering into this Memorandum of Understanding. TERMS OF UNDERSTANDING 1.The City’s Roles and Responsibilities.The City agrees to assume the following roles and responsibilities: a.Support Services. The City shall make the following resources available to the Crime Prevention Fund at no cost for the purposes hereafter described: i.One public conference room space at Brookview Community Center or City Hall monthly, subject to space availability. ii.Limited administrative support related to the joint activities of the City and Crime Prevention Fund at the sole discretion of the public safety Chiefs or City Manager. iii.The City, in its sole discretion, may display Crime Prevention Fund materials in City 8 buildings. The Parties understand and agree that state law prohibits the City from displaying any fundraising of solicitation materials. b.Communications. The City may support the Crime Prevention Fund by promoting and drawing attention to the Crime Prevention Fund and its activities in the City’s newsletter, on its website and social media pages, and through other means upon request to the City’s Communications Department as follows (collectively, the “Communications Services”): i.Include a link to the Crime Prevention Fund website or include a paragraph about the Crime Prevention Fund on the police outreach page of the City’s website. ii.Promote the Crime Prevention Fund’s mission and work on the City website’s home page news feed and social media sites at least twice prior to its annual fundraising mailing. iii.The City will acknowledge the Crime Prevention Fund’s support whenever it promotes related public safety outreach activities. The City Facebook page will “Like” and “Follow” the Crime Prevention Fund Facebook page if one is published. iv.The City Facebook page will share Crime Prevention Fund Facebook posts regarding Golden Valley public safety outreach activities. v.The Crime Prevention Fund may request that the City promote additional events/activities on the electronic billboard on the City Hall campus. Such requests will be considered by the City’s Communications Department in accordance with the City’s Electronic Billboard Policy. vi.Include on its website and in its publications a link to the Crime Prevention Fund website for the purposes of promoting participation in the Crime Prevention Fund but not for the purpose of solicitation. All promotions must comply with any applicable City policies, including but not limited to the Social Media Policy, Electronic Billboard Policy, and the Guidelines for City Communication Outlets. 2.The Crime Prevention Fund’s Role and Responsibilities. The Crime Prevention Fund agrees to assume the following roles and responsibilities (the “Services”): a. Provide reward money for high profile or violent crimes when requested by the Police Chief; b. Provide funding for activities, supplies or equipment that support the Golden Valley public safety departments. 3.Donation Administration. All donations from the Crime Prevention Fund to the City shall be processed pursuant to the requirements of Minnesota Statutes, section 465.03 and the City of Golden Valley Donation/Gift Policy as may be amended, restated, supplemented, or otherwise modified from time to time. 9 a. Donations provided to the public safety programs will be given to the Finance Director of the City by the Crime Prevention President, following the protocol for funds being received by the city. b. City staff may not accept funds on behalf of the Crime Prevention Fund. In the event funds are received by City personnel that are intended to be given to the Crime Prevention fund, said funds shall be given to the City Finance Director who will notify the President of the Crime Prevention Fund. 4.Use of City Logos. The Crime Prevention Fund may use the City and public safety department logos on its materials and website provided, however, that the Crime Prevention fund shall not use the either logo, or any other City logo, or state that the City or any City department endorses its services or activities without the City Manager’s advance written approval. 5.Consideration.The parties acknowledge that, if not for the Crime Prevention Fund’s agreement to provide the Services, the City would provide the Services and the cost to the City of doing so would exceed the fair market value of providing the Meeting Space and Communications Services to the Crime Prevention Fund. 6.Administration. The Crime Prevention Fund shall meet at least once annually with City staff to discuss work completed during the past year, work proposed for the following year, and any proposed changes to this MOU. The public safety chiefs or their designee is invited to attend quarterly Crime Prevention Fund meetings. 7.Condition of City Property. The City makes all City property available to the Crime Prevention Fund in “as is” condition and makes no representations or warranties concerning its condition or its suitability for use by the Crime Prevention Fund. The City assumes no duty to warn either the Crime Prevention Fund or its volunteers concerning conditions that exist now or may arise in the future. 8.Indemnification. The Crime Prevention Fund shall defend, indemnify and hold harmless the City, its elected officials, officers, employees, agents, invitees and volunteers (collectively “City Parties”) from any liability, claims, demands, suits, penalties, personal injury, judgments and costs of any kind whatsoever (collectively, “Claims”), including but not limited to Claims for bodily injury, loss of life or damage to property, arising out of or in any way relating to or resulting, whether wholly or in part, from the acts or omissions of the Crime Prevention Fund and the Crime Prevention Fund’s use of or entry upon City property. 9.Relationship of the Parties. It is agreed that nothing contained in this MOU is intended or should be construed in any manner as creating or establishing a partnership or joint venture between the Parties. Neither Party agrees to accept responsibility for the acts of the other Party or of the other Party’s officers, personnel, employees, agents, contractors, or servants. Any claims arising out of the employment or alleged employment, including without limitation, claims of discrimination, by or against a Party’s officers, personnel, employees, agents, contractors, or servants will in no way be the responsibility of the other Party. Neither Party will have any authority to bind the other by or with any contract or agreement, nor to impose any liability upon the other. All acts and contracts of each Party will be in its 10 own name and not in the name of the other, unless otherwise provided herein. 10.No Discrimination. Neither party shall discriminate in providing products or services under this MOU on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, gender, gender identity, gender expression, status with regard to public assistance, or religion. Violation of this provision may lead to immediate termination of this MOU. 11.No Political Activity.The Crime Prevention Fund agrees that there shall be no political activity or any activity to further the election or defeat of any candidate for public, political, or party office as a part of or in connection with this MOU, nor shall any of the funds or services provided under this MOU be used for such purposes. 12.Term.This MOU shall commence on October 15, 2024, (the "Commencement Date") and shall continue indefinitely until terminated. 13.Termination. Either party may terminate this MOU, with or without cause, upon 60 days’ written notice to the other party. Upon termination of this MOU, the Crime Prevention Fund shall, at its sole cost and expense, immediately remove all of its property from the Licensed Space. 14.Amendment. The parties may amend this MOU by mutual written agreement. Any such amendment shall only be effective if duly executed by the authorized representatives of each party. 15.Applicable Law and Venue. The laws of the State of Minnesota shall govern the interpretation and enforcement of this MOU and any actions arising out of or relating to this MOU shall be brought in Hennepin County District Court in the state of Minnesota. [Remainder of page intentionally left blank. Signature page follows.] 11 Executed the day and year first above written, by the parties as follows: GOLDEN VALLEY CRIME PREVENTION FUND:CITY OF GOLDEN VALLEY: By: _________________________________ Name: ______________________________ Title: _______________________________ By: _________________________________ Roslyn Harmon, Mayor By: _________________________________ Noah Schuchman, City Manager 12 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 15, 2024 Agenda Item 3D. Adopt Resolution No. 24-063 Approving the Housing Improvement Area (HIA) Policy for the City of Golden Valley Prepared By Christine Costello, Housing & Economic Development Manager Summary In the 2023 Housing and Redevelopment Authority (HRA) work plan, one key housing strategy to be considered for implementation included a Housing Improvement Area (HIA) policy. The intent of an HIA policy allows for the renovation of older common interest communities within Golden Valley. An HIA allows these communities with an association expanded rehabilitation options for their community. Those commonly interested in an HIA are townhomes and condominiums, but manufactured home parks can also be included, though none are located within Golden Valley. Recently City staff received an inquiry from a local condominium association about the potential interest in establishing an HIA. Though interest was expressed from one condominium association, the proposed policy would be available for consideration citywide to all townhome and condominium associations who meet the goals and criteria of the proposed HIA policy. Generally, HIAs are a tool that cities can utilize to financially facilitate general improvements to townhomes and/or condominiums upon receiving a majority of the association’s approval and support. It can often be more difficult for buildings or structures (townhomes and condominiums) under shared ownership to obtain financing for improvements, particularly for condominiums, as the individual units often cannot be counted as sufficient collateral when securing a loan from a bank. Through an HIA, cities can act as the initial funding source, through general obligation bonds, for the improvements, which are then paid back over the term of the HIA through a special assessment. As part of the evaluation criteria a townhome or condominium association will have to provide evidence that they have explored other funding sources and that an HIA was a last resort for financing. HIA financing is structured so that it is paid in the shortest term possible while remaining affordable for the association members. It is important to note that bonding for HIAs does not impact the City’s bond rating. The October 8th Council work session discussion on the HIA policy included questions regarding what the obligations are for the City and taxpayer related to payment, potential default of payment, and potential requests for renegotiated terms. The City's Municipal Advisor from Ehlers Inc., was in attendance to answer questions from City Council. They explained that an assessment gets paid along 13 with property taxes, so a resident whose condominium or townhome has an HIA would have to skip paying taxes all together. Though this can happen, it is very uncommon. There is a cushion in the interest rate on the assessment to cover any shortfalls. In addition, unpaid taxes are resolved through tax forfeiture or foreclosure and the City would get a fee at this point. The Municipal Advisor stated that an example of the overall process is the same as what a City would use for street reconstruction projects. In addition, it was discussed that the HRA levy could also potentially be used as well as a combination of cash and bonds because that financing did not need to be strictly bonds. It would be structured in a development agreement in which the mechanics of the HIA financing would be clearly defined. Financial or Budget Considerations City finance staff had no concerns about the process and would work closely with the City's Municipal Advisor and Bond counsel during any HIA process. Legal Considerations The attached HIA policy has been reviewed by legal counsel to ensure its compliance with State Statute. In addition, the policy was formatted in the City's new policy template to allow for easy review and access in the future. Equity Considerations The HIA policy would assist in preserving and promoting economically diverse housing options in our community by maintaining quality housing stock in Golden Valley for households with a variety of income levels, ages, and sizes. Recommended Action Motion to adopt Resolution No. 24-063 establishing a Housing Improvement Area (HIA) Policy for the City of Golden Valley. Supporting Documents Resolution No. 24-063 - HIA Policy Exhibit A - Golden Valley HIA Policy 14 RESOLUTION NO. 24-063 A RESOLUTION APPROVING THE GOLDEN VALLEY HOUSING IMPROVEMENT AREA (HIA) POLICY WHEREAS, the City Council of the City of Golden Valley (hereinafter “City”) have elected to provide a Housing Improvement Area (HIA) policy for common interest communities in the City of Golden Valley; and WHEREAS, maintaining housing quality is a goal in the 2040 Comprehensive Plan; and WHEREAS, the preservation of Naturally Occurring Affordable Housing (NOAH) within the community is an important component of the City and HRA’s overall affordable housing goals; and WHEREAS, the Policy identifies certain goals, eligible uses, and evaluation criteria that the City and/or HRA intends to require, in connection with the consideration of potential City and/or HRA approvals for financing of common element housing improvements of a condominium, townhome, or other common interest community such as a manufactured home park. NOW THEREFORE, BE IT RESOLVED,by the City Council of the City of Golden Valley, Minnesota that this Council adopts the Golden Valley Housing Improvement Area (HIA) Policy attached hereto as Exhibit A. Adopted by the City Council of the City of Golden Valley, Minnesota this 15th day of October, 2024. ____________________________ Roslyn Harmon, Mayor Attested: Theresa Schyma, City Clerk 15 O FFICIAL C ITY P OLICY C ITY OF G OLDEN V ALLEY General Informa�on Policy Title: Housing Improvement Area (HIA) Policy Department: Community Development Policy Owner (job �tle): Housing & Economic Development Manager Policy ID: 24-XXX Council & HRA Approval Date: 10/15/2024 Resolu�on Number: 24-XXX Effec�ve Date: 10/15/2024 ☒New ☐ Updated Policy Overview Policy Descrip�on: This policy is to establish the City and HRA's posi�on rela�ng to the use of Housing Improvement Area (HIA) financing for private housing improvements. Purpose & Scope: This Housing Improvement Area Policy (this “Policy”) establishes the condi�ons under which HIAs may be approved by the Golden Valley City Council or Housing and Redevelopment Authority (HRA) and provides a framework within which requests for the establishment of HIAs will be considered. Defini�ons: • Associa�on means a homeowners associa�on or similar en�ty. • Blight or Blighted Area has the meaning given to it in Minn. Stat. § 469.002, as may be amended from �me to �me. • Enabling Ordinance means the ordinance adopted by the City Council or HRA establishing the Housing Improvement Area. • Housing Improvement Area (“HIA”) means a defined area within the city where housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. • Housing improvements has the meaning given in the city's enabling ordinance. Housing improvements may include improvements to common elements of a condominium or other common interest community or to a manufactured home park. • Housing Unit means real property and improvements thereon consis�ng of a one-dwelling unit, or an apartment or unit as described in chapter 515, 515A, or 515B, respec�vely, or a manufactured home in a manufactured home park that is occupied by a person or family for use as a residence. • Naturally Occurring Affordable Housing (NOAH) means exis�ng owner-occupied or rental residen�al housing (a) where at least 20% of the units are affordable to 60% AMI; (b) that is classified in the Class B or C real estate categories; or (c) was constructed between 1940 and 1990. Related Documents, Materials & Resources: • HIA Procedure and instruc�ons • HIA Applica�on • Minnesota Statutes, Chapter 148A Policy I. Authority Pursuant to Minnesota Statutes, Sec�ons 428A.11 to 428A.21, the City of Golden Valley (“City”) and the Housing and Redevelopment Authority (“HRA”) are authorized to establish HIAs within its corporate limits. Within an HIA the City or 16 HRA may lend funds to an Associa�on for the purpose of funding the cost of improvements made to common elements of their property(s). The City or HRA may lend funds to the Associa�on from either available City or HRA cash or proceeds from the City or HRA’s issuance of taxable bonds. Loan repayment is accomplished through the imposi�on of HIA fees on the owners of units included in the HIA. It is the judgement of the Council and HRA that HIAs shall be created on a selec�ve basis. The City or HRA will consider the establishment of a HIA only when the applicant can demonstrate a benefit to the public and only on a last resort basis, when the Associa�on is unable to obtain other financing for needed repairs or improvements. The Council and HRA consider the crea�on of a HIA to be a privilege, not a right. Although approval for another HIA may have been granted previously by the City or HRA for a similar project, the Council and HRA are not bound to approve subsequent requests based on earlier approvals. Each applica�on will be considered separately based on the criteria in this Policy and the City or HRA’s financial posi�on. II. HIA Goals and Eligible Uses The City and HRA will consider using HIA financing to assist private property owners only in those circumstances in which the proposed private project addresses one or more of the following goals: A. To promote neighborhood stability and revitaliza�on removal or remedia�on of blight or the upgrading of the exis�ng Housing Units in the City. B. HIA Financing shall not be used to remove, displace or disenfranchise communi�es, including, but not limited to communi�es of color, low socio-economic status, immigrant, and those at the intersec�on of these or similar iden��es. C. To correct housing or building code viola�ons. D. To maintain or obtain FHA mortgage eligibility for an Associa�on within the designated HIA. E. To increase or prevent the loss of the tax base of the City in order to ensure the long-term ability of the City to provide adequate services for its resident. F. To preserve Naturally Occurring Affordable Housing (NOAH). G. To preserve a variety of housing styles and values within the community. H. To stabilize or increase the number of owner-occupied Housing Units within a neighborhood or associa�on. I. To meet other public policy goals of the City Council as adopted from �me to �me, including but not limited to the promo�on of quality urban design, quality architectural design, energy efficiency or conserva�on, or decreasing the capital or opera�ng costs of the City. III. Evalua�on Criteria The City and HRA will only consider establishing a HIA if all of the following criteria are met: • The project is compliant with the City’s Comprehensive Plan, zoning ordinances, City code and state and federal laws, regula�ons and policies. • The project meets one or more of the HIA goals listed in sec�on II herein. • The HIA financing complies with all applicable City financial policies. • The HIA funds will not provide 100% of the funding for the Associa�on’s long range replacement schedule and the Associa�on is also contribu�ng its own current and future funds to the project. • The association must have a third party conduct a facility needs assessment to determine and prioritize the scope of improvements. The association may be required to make changes to its bylaws to ensure adequate enforcement authority to protect common area improvements financed through the HIA from substandard building components for which the homeowner is responsible. • The association must adopt a financial plan that has been prepared by an independent third party with designation as a Community Associations Institute (“CAI”) certified reserve specialist which must conform to CAI reserve study standards and comply with Minnesota Statutes 515B.3-114 through 515B.3-1141. 17 • The Associa�on has explored all other funding sources and has provided evidence that none are feasible. HIA financing is last resort financing and shall not be provided to projects unless no other financing op�ons are available. The Associa�on must provide at least the following to show that no other financing op�ons are available: o Verifica�on that the Associa�on has completed an assessment showing that no other financing op�ons are available; and o Leters from at least two private lenders confirming a lack of financing op�ons. • The term of any bonds or other debt incurred for the HIA mature in 20 years or less. The term shall be determined by the City or HRA in its sole discre�on. • The HIA financing is structured so that it is paid in the shortest term possible while remaining affordable for Associa�on members. • The Associa�on enters into an agreement with the City or HRA (the “Development Agreement”) that requires, at a minimum, the following terms: o Establishment of a reserve fund o Staffing requirements o Annual repor�ng and financial audi�ng requirements with regular updates to the financial plan not less than once every five years o Condi�ons of disbursement o Required dues increases o No�fica�on to new owners of levied fees, including the individuals that purchase property a�er the ini�al development o Limita�ons on prepayment of fees, if any o Minimum number of bids to be submited for the project work o Development and construc�on plans rela�ng to the project o Hiring of a construc�on manager and/or owner’s representa�ve to monitor performance of the general contractor • The Associa�on provides the City or HRA adequate financial guarantees to ensure the repayment of the HIA financing and its performance of all its obliga�ons in the Development Agreement. Financial guarantees may include, but are not limited to, the pledge of the Associa�on’s assets, including its reserves, opera�ng funds or property. • The project, including the use of HIA financing, is supported by a majority of the owners within the Associa�on. The Associa�on shall provide official verifica�on of the results of a vote of the Associa�on’s membership. • The Associa�on has adopted a financial plan that provides sufficient financing for the con�nued maintenance and opera�on of the Associa�on’s common elements and a long-range plan to complete and finance capital improvements therein. Said financial plan shall not rely on HIA financing. • All improvements financed by the HIA are solely to the Associa�on’s common elements, as that term is defined in Minnesota Statutes, Chapter 515B, and are primarily exterior improvements and other improvements integral to the habitability of the building, for example, boilers, HVAC, structural improvements and the like. All improvements must be permanent in nature and the scope of improvements must be determined and documented by a facility needs assessment conducted by a third party. • The project must: o Provide significant improvement to the HIA; o Comply with all applicable federal, state and local laws, regula�ons, and policies; o Provide a significant increase to the tax base or prevent the loss of tax base; and o Not be of poor quality. • The financial structure of the project must receive a favorable review by the City’s Finance Director, or their designee, the City’s Municipal Advisor, and the City’s Bond Counsel. The review must include a review of the performance and level of outstanding debt of previous HIAs. 18 • The association shall provide adequate financial guarantees to ensure repayment of the financing and the performance of the administrative requirements of the development agreement. Financial guarantees may include but are not limited to the pledge of the homeowner association’s assets including reserves, operating funds and/or property. • The Associa�on must be current on all charges, fees, taxes, special assessments and other debts and obliga�ons payable to the City and HRA. IV. Other Provisions • The Associa�on shall submit the required applica�on, along with all required suppor�ng documenta�on, including a pe��on signed by at least 60% of the property owners of the Associa�on, prior to any City or HRA review. Coordina�on and partnering with other lending agencies to finance the Improvements is allowed and encouraged. • The City Council will establish an applica�on fee , which shall be included in the City’s fee schedule. • HIA is responsible to pay all City third party consul�ng costs, including but not limited to Municipal Advisor and Bond Counsel rela�ng to the review of the feasibility of the HIA and dra�ing of all legal documents related to establishment of the HIA. 19 EXECUTIVE SUMMARY Fire 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 15, 2024 Agenda Item 3E. Adopt Resolution No. 24-064 Approving Updated Bylaws of the Golden Valley Fire Department Relief Association Prepared By Bethany Brunsell, Fire Chief Jeff Piper, Fire Lieutenant Summary The mission of the Golden Valley Fire Relief Association is to manage the pension fund, advance fire prevention and education, and support camaraderie among firefighters, their families and our community in Golden Valley. The Relief Association is closely related to the Fire Department, but is a separate organization. Because of the unique relationship between the City and the Association as well as potential for financial implications for the City, changes to the Relief Association Bylaws must be approved by the Golden Valley City Council. These changes include the addition of definition of Retired Member and language regarding service time and vesting for Firefighters who leave employment with the Golden Valley Fire Department and later return to service as a Golden Valley Firefighter (Article XI, Section 1.f). Financial or Budget Considerations Bylaws were reviewed by Finance Director, Lyle Hodges with no concerns. Legal Considerations The Bylaws were approved through the City's legal review process. Equity Considerations The Bylaws were approved through the City's equity review process. Recommended Action Motion to adopt Resolution No. 24-064 approving the updated Bylaws of the Golden Valley Fire Department Relief Association. Supporting Documents Resolution No. 24-064 - Updated Fire Relief Bylaws Exhibit A - 2024 GVFRA Bylaws 20 RESOLUTION NO. 24-064 RESOLUTION APPROVING GOLDEN VALLEY FIRE DEPARTMENT RELIEF ASSOCIATION BY-LAWS WHEREAS,the Golden Valley Fire Department Relief Association has by-laws governing their process for active duty; and WHEREAS,an active member of the Golden Valley Fire Department Relief Association is eligible to collect a lump sum service pension subject to Article XI of the by- laws; and WHEREAS,the City of Golden Valley may be required to approve changes to the Relief Association by-laws; and WHEREAS,the has City Council as reviewed the revised by-laws as shown in Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota that this Council approves the revised Bylaws of the Golden Valley Fire Department Relief Association attached hereto as Exhibit A. This resolution replaces and supersedes Resolution No. 22-122. Adopted by the City Council of Golden Valley, Minnesota this 15 th day of October 2024. _____________________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 21 i By-Laws of the Golden Valley Fire Department Relief Association TABLE OF CONTENTS ARTICLE I. ASSOCIATION NAME ............................................................................................. Page 1 ARTICLE II. ASSOCIATION PURPOSE ........................................................................................ Page 1 ARTICLE III. DEFINITIONS ARTICLE III. DEFINITIONS Section I: Membership ....................................................................................................................... Page 1 Section II: Deferred Member .............................................................................................................. Page 1 Section III: Former Member ................................................................................................................ Page 1 Section IV: Fire Department ................................................................................................................. Page 1 Section V: Fiduciary Responsibility .................................................................................................... Page 1 Section VI: Beneficiary ......................................................................................................................... Page 1 Section VII: Disability ............................................................................................................................ Page 2 Section VIII: Board of Trustees ............................................................................................................... Page 2 Section IX: Year of Active Service ........................................................................................................ Page 2 Section X: Active Service .................................................................................................................... Page 2 Section XI: Leave of Absence ............................................................................................................... Page 2 Section XII: Trustees .............................................................................................................................. Page 2 Section XIII: Domestic Relations Order .................................................................................................. Page 2 ARTICLE IV. ASSOCIATION MEMBERSHIP Section I: Application for Membership ............................................................................................... Page 2 Section II: Expulsion From Membership ............................................................................................ Page 2 ARTICLE V. ASSOCIATION MEETINGS Section I: Meetings of the Board of Trustees ...................................................................................... Page 2 Section II: Association Meetings ........................................................................................................ Page 2 Section III: Order at Meetings .............................................................................................................. Page 2 ARTICLE VI. ASSOCIATION MANAGEMENT Section I: Board of Trustees .............................................................................................................. Page 3 Section II: External Examiner ............................................................................................................. Page 3 Section III: Committees ....................................................................................................................... Page 3 ARTICLE VII. POWERS AND DUTIES OF THE BOARD OF TRUSTEES AND ITS OFFICERS Section I: Powers and Duties of the Board of Trustees ..................................................................... Page 4 Section II: Trustees Diligence .............................................................................................................. Page 4 Section III: Continuing Education ....................................................................................................... Page 4 Section IV: Duties ................................................................................................................................. Page 4 22 ii ARTICLE VIII. FUNDS AND ACCOUNTS Section I: General Fund .................................................................................................................... Page 4 Section II: Special Fund ..................................................................................................................... Page 4 Section III: Lines of Credit .................................................................................................................. Page 4 Section IV: Disbursement of Funds .................................................................................................... Page 5 Section V: Deposits ............................................................................................................................ Page 5 ARTICLE IX. INVESTMENTS Section I: Investments ...................................................................................................................... Page 5 Section II: Investment Policy ............................................................................................................ Page 5 Section III: State Statute Compliance .................................................................................................. Page 5 ARTICLE X. APPLICATION FOR BENEFITS Section I: Application For Benefits ................................................................................................. Page 5 Section II: Approval of Benefits ........................................................................................................ Page 5 Section III: Right to Appeal the Decision ........................................................................................... Page 5 ARTICLE XI. RETIREMENT BENEFIT Section I: Service Pension ................................................................................................................ Page 6 Section II: Association Recommendation .......................................................................................... Page 7 ARTICLE XII. ANCILLARY BENEFITS Section I: Death Benefit ................................................................................................................... Page 7 Section II: Permanent Disability Benefit .......................................................................................... Page 7 ARTICLE XIII. LIMITS ON BENEFITS Section I: Domestic Relations Order ............................................................................................... Page 8 Section II: Garnishment, Judgment or Legal Process ....................................................................... Page 9 Section III: Assignment of Payments .................................................................................................. Page 9 Section IV: Limitations on Ancillary Benefits ................................................................................... Page 9 Section V: Internal Revenue Code Limitations ................................................................................. Page 9 ARTICLE XIV. BY-LAW AMENDMENTS Section I: Method of Amendment ................................................................................................... Page 9 Section II: Council Approval ............................................................................................................ Page 9 Section III: Legislative Action .......................................................................................................... Page 9 23 1 ARTICLE I. ASSOCIATION NAME Section 1: The name of the relief association is the Golden Valley Fire Department Relief Association. ARTICLE II. ASSOCIATION PURPOSE Section 1: This instrument constitutes the by-laws of the Golden Valley Fire Department Relief Association, hereinafter referred to as the "Association," adopted for the purpose of regulating and managing the internal affairs of the corporation and shall serve as the written pension plan for the relief association. The Association is a defined benefit plan association. The Association is a governmental entity that receives and manages public money to provide retirement benefits for individuals who provide or have provided the governmental services of firefighting for the City of Golden Valley. The objectives of the plan shall be to provide service pensions and ancillary benefits to the members of the Golden Valley Fire Department, their spouses and dependents. All benefits issued by this association shall be governed by these by-laws as well as federal and state laws. ARTICLE III. DEFINITIONS Section I: Membership – All active paid-on-call firefighters hired by the Golden Valley Fire Department for the purposes of fire suppression or the supervision of fire suppression activities. Section II: Deferred Member - Individuals who have resigned from the Golden Valley Fire Department and are eligible for a service pension. Section III: Former Member - Individuals who have left active service from the Golden Valley Fire Department prior to eligibility for a service pension. Section IV: Retired Member: Individuals who have resigned from the Golden Valley Fire Department and have collected a service pension. Section V: Fire Department - Wherever used in these by-laws, it shall mean Fire Department of the City of Golden Valley, Minnesota. Section VI: Fiduciary Responsibility - In the discharge of their respective duties, the officers and trustees shall be held to the standard of care enumerated in Minn. Stat. § 11A.09. In addition, the trustees must act in accordance with Minn. Stat. § 356A. No trustee of the Association shall cause the relief association to engage in transactions if the fiduciary knows or should know that the transaction constitutes one of the following direct or indirect transactions: a. sale, exchange or leasing of any real property between the relief association and a board member; b. lending of money or other extension of credit between the relief association and a board member of the relief association; c. furnishing of goods, services or facilities between the relief association and a board member; d. transfer to a board member, or for the benefit of a board member, of any assets of the relief association. Transfer of assets does not mean the payment of relief association benefits of administrative expenses permitted by law. 24 2 Section VII: Beneficiary - Any person or estate entitled under this plan to receive a benefit upon the death of a participant. Section VIII: Disability - A physical or psychological condition which precludes an active member of the Association from performing the normal duties of a Firefighter with the Golden Valley Fire Department. Section IX: Board of Trustees - The Board of Trustees shall be composed of nine members as specified under Minn. Stat. § 424A.04. The six elected trustees are: President, Vice-President, Secretary, Treasurer and two trustees. The Mayor, the Finance Director and the Fire Chief of the City of Golden Valley shall be the ex-officio members of the Board of Trustees. Section X: Year of Active Service - For purposes of computing benefits or service pensions payable, a year of service shall be defined as a period of 12 full months of active service in the Golden Valley Fire Department. Section XI: Active Service - The active performance of fire suppression duties or the supervision of fire suppression duties. Section XII: Leave of Absence - If a member has an approved leave of absence from the Fire Department, they shall also be considered on leave of absence from the relief association. Leaves of absences include but are not limited to medical, personal or military. Section XIII: Trustees - The individuals designated as such by Minn. Stat. § 424A.04 and by virtue of elected office, those that qualify as the ex-officio trustee. Section XIV: Domestic Relations Order - Any judgment, decree (including approval of a property settlement agreement) that complies with the provisions of Minn. Stat. §§ 518.58, 518.581, or 518.611. ARTICLE IV. MEMBERSHIP Section I: Application for Membership - All persons hired by the City of Golden Valley for fire suppression activities for the Golden Valley Fire Department are automatically included in membership in the association. Membership date shall be the date the person was placed on active duty with the fire department. Section II: Expulsion from Membership - Any member may be expelled from the Association for cause by a two -thirds (2/3) vote of all members present at a regular or special meeting of the Association. Cause for expulsion may include, but shall not be limited to, failure to account for money belonging to the Association or feigning illness or injury for the purpose of defrauding the Association. An expulsion hearing before the Board of Trustees will be conducted prior to above stated Association meeting in order to allow the person involved the ability to challenge any witnesses that the Board of Trustees may call. Written notice via registered mail will be sent to the individual at least 15 days prior to the hearing. ARTICLE V. MEETINGS Section I: Meetings of the Board of Trustees - Meetings of the Board of Trustees shall be conducted in accordance with the Association Management Policy. Section II: Association Meetings - Meetings of the Association will be conducted in accordance with the Association Management Policy. 25 3 Section III: Order at Meetings - Robert's Rules of Order shall govern all deliberations of the Association. ARTICLE VI. BOARD OF TRUSTEES Section I: Board of Trustees - shall be composed of the nine members as defined in Minn. Stat. § 424A. The six elected trustees of the Association are: President, Vice-President, Secretary, Treasurer and two Trustees. The Mayor, Finance Director and Fire Chief of the City of Golden Valley shall be ex-officio members of the Board of Trustees with the same rights, privileges, duties and liabilities as other members of the Board of Trustees. The elected offices shall be governed by the following: a. Term – Each elected member of the Board of Trustees shall hold office following their election for a period of two years until that person’s successor has been elected. The President, Secretary, and one Trustee shall be up for election at the annual meeting held in odd numbered years and the Vice-President, Treasurer and the other Trustee shall be elected at the annual meeting held in even numbered years. The term will begin on January 1st, following the annual meeting at which the person is elected. b. Eligibility - Each elected member of the board must be an active member of the association. The member shall be an active member of the association for a minimum of 2 years prior to being elected. This requirement may be waived by a 2/3 vote of the members present at the election. An elected member may be allowed to serve while out on injury/illness leave, from the Golden Valley Fire Department, not to exceed 6 months without review by the Board of Trustees. c. Vacancies - Vacancies due to resignation, removal or termination in any elected office of the Board of Trustees shall be filled by an election held at either a regular or special meeting of the Association. The individual elected to fill the vacancy shall serve only the remaining term of the position vacated and their term begins immediately upon election. d. Removals - An elected member of the Board of Trustees is automatically removed from the elected position upon resignation, termination or leave of absence from the Fire Department (medical leaves of absence are not included). Any elected member may be removed for cause at a hearing to take place at a regular or special meeting of the Board of Trustees. No elected member shall be removed unless written notice of the meeting has been posted listing the reason for removal and a copy of the notice has been sent by certified mail to the member to be removed. A simple majority of members present at the removal hearing must vote in favor of removal in order for the elected member to be removed. When a member has been removed, and election will be held at the next regularly scheduled general membership meeting to fill the vacant position for the remaining term. Cause for removal shall include, but not be limited to, fraud, dishonesty, incompetence or failure to perform duties as they relate to the position, or failure to attend a minimum of nine (9) Board of Trustees regular meetings. e. Compensation of Elected Members - Compensation for the elected members of the Board of Trustees is detailed in the Board Member and Trustee Policy. f. Board Member Position Descriptions – Position descriptions and responsibilities are detailed in the Board Member and Trustee Policy. Section II: External Examiner – At the discretion of the Board of Trustee’s the Association may seek outside professionals including but not limited to legal, medical or financial professionals as necessary to validate claims or provide opinions for the Association. Section III: Committees - The President may appoint any committees necessary for the successful 26 4 operation of this association. ARTICLE VII. POWERS AND DUTIES OF THE BOARD OF TRUSTEES AND ITS OFFICERS Section I: Powers and Duties of the Board of Trustees - The Board of Trustees shall have exclusive control and management of all property and funds of the Association, from whatever source derived, and shall constitute the governing body of the Association with full power and authority to carry out the objectives and purpose of the Association as set forth in the Articles of Incorporation, these by-laws and the laws of the State of Minnesota. Section II: Trustees Diligence - Trustees shall discharge their duties in good faith and with that diligence and care which an ordinarily prudent person would exercise under similar circumstances. Section III: Continuing Education - The Board of Trustees shall develop and periodically revise a plan for continuing education for all members and officers of the Board of Trustees in order to ensure those trustees keep abreast of their fiduciary responsibilities. The annual level for this requirement will be assigned in the Board Member and Trustee Policy. Section IV: Duties – The duties of the President, Vice-President, Secretary, Treasurer and Trustees shall be defined in the Board Member and Trustee Policy. ARTICLE VIII. FUNDS AND ACCOUNTS Section I: General Fund - The funds received by the Association from dues, fines, fund raisers and other miscellaneous sources shall be kept in a general fund on the books of the Treasurer and may be distributed by the Association for any purpose reasonably suited to the welfare of the Association or its members as governed by the laws of the State of Minnesota. Moneys in the General Fund shall be disbursed upon the approval of a simple majority of members present at either a General Membership meeting or a Board of Trustees meeting. All disbursements from the General fund will be for activities and/or expenses approved by the General membership. Section II: Special Fund - All funds received by this Association qualifying as state aid received pursuant to law, all taxes levied by or other revenues received from the city pursuant to law providing for municipal support for the relief association, any moneys or property donated, given, granted or devised excluding fund raiser proceeds, by any person which is specified for the use for the support of the Special Fund, and any interest earned on the assets of the Special Fund. Any tax sources and other money which may be directly donated or transferred to said fund, shall be kept in a separate account on the books of the Treasurer known as the Special Fund and shall be disbursed only for the following purposes: a. Payment of members' service pension benefits in accordance with these by-laws; b. Payment of ancillary benefits in accordance with these by-laws; c. Administrative expenses as limited by Minn. Stat. § 69.80. All other expenses of the Association shall be paid out of the General Fund. 27 5 Section III: Lines of Credit - The Board of Trustees may as deemed necessary, open lines of credit for the purchase of various items as approved by the General Membership. Section IV: Disbursement of Funds - No disbursements from the funds of the Association shall be made except on signed authorization of any two of the following elected members of the Board of Trustees: President, Vice-President, Secretary, Treasurer. The exact amount of any disbursement must be authorized by a simple majority of members present at either a General Membership meeting or a Board of Trustees meeting. Section V: Deposits - All moneys belonging to the Association shall be deposited to the credit of the association into accounts set up at the depository of record. The depository of record shall be determined at the annual meeting of the Board of Trustees and record of the depository shall be documented in the Association Management Policy. The Board of Trustees shall make deposits in conformance with State Statutes, these by-laws the Association Management Policy and the Investment policy. ARTICLE IX. INVESTMENTS Section I: Investments - It shall be the duty of the Board of Trustees to prepare modes and plans for the safe and profitable investment of the funds of the Association. The investments of the funds of the Association shall be in the exclusive control of the Board of Trustees, in conformance with state statutes, the by-laws and the investment policy. Section II: Investment Policy - The Board of Trustees shall adopt a written Investment policy each year. Section III: State Statute Compliance - The Board of Trustees shall comply with Minn. Stat. § 356A.06, Subdivision 8b that requires the relief association to provide annually to any brokers a written statement of investment restrictions pursuant to statute of the investment policy that applies to the special fund. Upon receipt of the written statement of investment restrictions, each broker handling investments of the Association shall acknowledge, in writing annually the receipt of the investment restrictions. The acknowledgment shall contain a statement of the broker's agreement to handle the Association's investments pursuant to the written restrictions. ARTICLE X. APPLICATION FOR BENEFITS Section I: Application For Benefits - All applications for Association benefits must be made in writing on forms provided by the Secretary. All applications shall be submitted to a member of the Board of Trustees for action. Section II: Approval of Benefits - No application shall be acted upon until all the necessary forms and information have been provided to the Board of Trustees. It shall be the duty of the Board of Trustees to approve applications for service pensions if the applicant meets all of the eligibility requirements set forth in these by-laws. It shall also be the duty of the Board of Trustees not to approve the application if any of the eligibility requirements are not met. Section III: Right to Appeal Decision - In the event that the Board of Trustees denies an application for a service or ancillary pension the applicant has the right to appeal the board decision. 28 6 ARTICLE XI. RETIREMENT BENEFIT Section I: Service Pension - An active member of the Association who leaves active duty with the Fire Department is eligible to collect a lump sum service pension subject to the following: a. Eligibility requirements: 1. Have left active service with the Golden Valley Fire Department; 2. Have completed at least 5 years of active service with the Fire Department before leaving; and 3. Have been a member of the Association in good standing at least 5 years prior to leaving the Fire Department. b. Amount of Benefit - Each applicant shall be eligible for a service pension of $13,000 per full year of active service as a firefighter with the fire department. c. Early Vesting Provision - In the event a member with five years or more, but less than ten years of active service on the City of Golden Valley Fire Department resigns, that person shall be entitled to the following benefits that represent the early vested portion of their total pension amount, reduced by twelve (12) percent per year for each year less than 10. The following table shall be used to determine the pension amount, less any accrued interest: Completed Years of Service Early Vesting Reduction Pension Amount 5 60 percent $ 26,000 6 48 percent $ 40,560 7 36 percent $ 58,240 8 24 percent $79,040 9 12 percent $102,960 10 0 percent $130,000 More than 10 none add $13,000 per year d. Minimum Age Requirement - No service pension shall be paid to any member until they reach 50 years of age. e. Deferred Retirement Benefit - Any active member of the Association who leaves active duty with the Fire Department and is eligible for a service pension, but has not reached the age of 50, will be placed on a deferred pension list until the time that the member submits an application for the pension. f. Return to Service – (i) If a Deferred Member, should return to active service, (they are deemed qualified and subsequently hired by the fire department) they shall serve three (3) years before qualifying for the current benefit level. The three (3) year period must be completed prior to their subsequent retirement. If the deferred member fails to complete the three (3) years, any time they serve will be added to their previous active service time and their pension amount will be calculated based on the pension amount in effect when they originally left active service. Any additional service, will be credited if it is consistent with the rules for accruing time in the by-laws. The Deferred Member shall be informed of their specific requirement prior to their re-hiring on the fire department. (ii) If a Former Member should return to active service, they shall serve three (3) years before qualifying for the current benefit level and vesting schedule. The three (3) year period must 29 7 be completed prior to their subsequent retirement. If the Former Member fails to complete the three (3) years, any time they serve will be added to their previous active service time and their pension amount and vesting schedule will be calculated based on the pension amount and vesting schedule in effect when they originally left active service. Any additional service, will be credited if it is consistent with the rules for accruing time in the by-laws. The Former Member shall be informed of their specific requirement prior to their re-hiring on the fire department. (iii). If a Retired Member should return to service, they will be treated as a new member and will begin accruing time anew. In no event will a member receive duplicate benefits for the same time period of service. g. Interest on the Deferred Retirement Benefit – Interest shall be added to the deferred benefit amount, compounded annually, at a rate equal to the actual time weighted total rate of return of the fund as set by the board of trustees under Minn. Stat. § 356.219, up to 5%, and applied consistently for all deferred service pensioners. Minn. Stat. § 424A.02, subd. 10(b), requires municipal ratification of the rate set by the board of trustees in years in which the relief association does not have a surplus over full funding under Minn. Stat. § 69.772, subd 3, paragraph (c), clause (5), or 69.773, subd 4, and if the municipality is required to provide financial support to the special fund of the relief association under Minn. Stat. § 69.772 or 69.773. As of the date of this amendment, the following rates have been set by the board: 2006 = 5%, 2007 = 5%, 2008 = 0%, 2009 = 0%, 2010 = 5%, 2011 = 0%, 2012 = 5%, 2016 = 0%. The deferred interest rate as set by the board of trustees under Minn. Stat. § 356.219, is 0% unless and until otherwise changed by amending these bylaws. Interest will not accrue for any year in which the member reaches the eligible to be paid out. h. Supplemental Retirement Benefit - Pursuant to Minn. Stat. § 424A.10, all retirees shall be paid a supplemental benefit in the amount of 10% of his or her service pension amount, not to exceed $1,000.00. This benefit shall be paid at the same time as the retirement benefit. In the event that Minn. Stat. § 424A.10 is amended or repealed, this benefit shall be amended or discontinue as per state statute. i. Deferred Interest Payment Method – Interest on a deferred service pension is creditable beginning on the first date of the calendar year next following the date on which the member separated from active Fire Department service and active Association membership and ending on the last date of the calendar year immediately before the year in which the deferred member commences receipt of the deferred service pension. Members must be deferred for an entire calendar year to receive interest for that year. Section II: Association Recommendation - Because of the varying circumstances in each member's retirement planning, the Association strongly recommends consultation with a tax consultant, insurance and/or estate planner or an attorney before requesting payment of their service pension. ARTICLE XII. ANCILLARY BENEFITS Section I: Death Benefit - Upon the death of an active member, the association shall pay to the surviving spouse and surviving children. If there is no surviving spouse or surviving children the benefit is paid to the designated beneficiary. If there is no designated beneficiary, the death benefit shall be paid to the estate of the deceased active or deferred firefighter. They shall be paid equal to the current yearly lump sum service pension rate multiplied by the number of 30 8 years of active service. The minimum benefit shall be equal to five (5) times the current yearly lump sum service pension rate and without regard to the vesting schedule. Deferred members shall be paid an amount equal to their current deferred pension amount. Section II: Permanent Disability Benefits - A member who is permanently disabled shall be eligible to collect a disability benefit. The member shall be eligible to receive the disability benefit immediately upon approval of the Board of Trustees. a. Any such disability benefit paid in accordance with this section shall be in lieu of all rights to further service pension and survivor's benefit. b. Disability defined: see Article III - Definitions. c. Documentation Required - No member shall be paid disability benefits except upon the written report of a physician, surgeon or chiropractor of the member's choice. This report shall set forth the diagnosis and prognosis of the disability, disease or injury of the member. Each such document shall be filed with the Association. d. Procedure - All applications for disability benefits shall be made within 30 days after such applicant has ceased to be an Active Member of the Golden Valley Fire Department. Written application shall be made to the Board setting out the nature and cause of such disability as described above. It is recommended that the applicant may be examined by a physician, surgeon or chiropractor of the member's choice. The physician or chiropractor shall submit a written opinion concerning the diagnosis and prognosis of the applicant's disability and its probable date of onset and the probable duration of permanence. The Board of Trustees has the discretion to request that another doctor, selected by the Board, examine the applicant. Final determination of disability will be based on the reports of at least one doctor and by a 2/3 majority vote of a quorum of the Board of Trustees present at the subsequent association meeting. e. An applicant shall not be considered under a disability unless the member furnishes adequate proof of the existence thereof. An applicant's statement as to pain or other symptoms will not alone be conclusive evidence of disability as defined in this section. f. Disability Amount – Permanent disability benefits may be paid to permanently disabled members of the Association out of the Special Fund following the submission and approval of an Application for Distribution. g. For Active Members, a permanent disability benefit equal to the benefit level for each year that the member served as an active firefighter in the Fire Department, without regard to minimum or partial vesting requirements, will be paid if, upon the date of permanent disability, the member has not yet separated from active service. The years of service must be determined as of the date of disability. The member is eligible to receive the disability benefit immediately upon approval by the Board. h. For Deferred Members, a permanent disability benefit equal to a disabled deferred member’s deferred service pension will be paid to the disabled deferred member. The permanent disability benefit amount may not exceed the total earned service pension of the disabled member. i. For Active and Deferred Members, temporary disability benefits are not provided by this Association. ARTICLE XIII. LIMITS ON BENEFITS Section I: Domestic Relations Order - A qualified domestic relations or domestic relations order shall be accepted by the plan administrator if in compliance with state and federal law. A distribution made pursuant to a domestic relations order shall be treated as made pursuant to qualified 31 9 domestic relations order as specified by I.R.C. 414(p) (11), as amended. No benefits shall be paid under a domestic relations order which requires the plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan or under state law. Section II: Garnishment, Judgment or Legal Process - No service pension or ancillary benefits paid or payable from the special fund of a relief association to any person receiving or entitled to receive a service pension or ancillary benefits shall be subject to garnishment, judgment, execution, or other legal process, except as provided in section 518.58, 518.581 or 518.611. Section III: Assignments of Payments - No person entitled to a service pension or ancillary benefit from the special fund of a relief association may assign any service pension or ancillary benefit payments, nor shall the association have the authority to recognize any assignment or pay over any sum which has been assigned. Section IV: Limitations on Ancillary Benefits - Following the receipt of a lump sum service pension benefit or being placed on the deferred pension list, neither a member's surviving spouse, children, designated beneficiary or estate is entitled to any other or further financial relief or benefits from the Association. Section V: Internal Revenue Code Limitations - No provision which places limits on benefits as contained within Section 415 of the Internal Revenue Code shall be exceeded. Plan participants cannot receive an annual benefit greater than the amount specified in Section 415 of the code as may subsequently be amended. ARTICLE XIV. BY-LAW AMENDMENTS Section I: Method of Amendment - All amendments to these by-laws shall be proposed by a resolution adopted by the Board of Trustees setting forth the proposed amendments and direction that they should be submitted for adoption at a meeting of the Association. Notice of the meeting shall state the purpose and be given to each member eligible to vote on the amendments. All amendments must be approved by a two-thirds (2/3) vote of all members present at a regular or special meeting of the Association. Section II: Council Approval - When required by Minnesota State Statutes or the Board of Trustees, no by-laws or amendments of the by-laws shall be effective until approved by the governing body of the City of Golden Valley. Section III: Legislative Action - In the event that an amendment exceeds the authority granted this Association by Minnesota Statutes, such amendments will not be effective until approved by legislative action. 32 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 15, 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 33 Review of Council Calendar Event Event Time Location OCTOBER Friday, October 18 Early Voting Begins for General Election 8:00 AM City Hall Council Chambers Saturday, October 26 City Hall Open for Absentee Voting 9:00 AM - 3:00 PM City Hall Trunk or Treat 12:00 PM - 2:00 PM City Hall Campus Tuesday, October 29 City Hall Open Late for Absentee Voting Voting open until 7 PM City Hall NOVEMBER Saturday, November 2 City Hall Open for Absentee Voting 9:00 AM - 3:00 PM City Hall Sunday, November 3 City Hall Open for Absentee Voting 9:00 AM - 3:00 PM City Hall Tuesday, November 5 Election Day 7:00 AM - 8:00 PM City Precincts/Polls Wednesday, November 6 City Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, November 10 Winter Market in the Valley (Indoors)10:00 AM - 1:00 PM Brookview Bassett Creek Room Monay, November 11 City Offices Closed for Observance of Veterans' Day Tuesday, November 12 HRA Work Session 6:30 PM Hybrid - Council Conference Room Council Work Session 6:30 PM Hybrid - Council Conference Room Tuesday, November 19 City Council Meeting 6:30 PM Hybrid - Council Chambers Thursday, November 28 City Offices Closed for Observance of Thanksgiving Friday, November 29 City Offices Closed for Observance of Thanksgiving DECEMBER Tuesday, December 3 HRA Meeting 6:30 PM Hybrid - Council Chambers City Council Meeting (Includes the Annual Truth-in-Taxation Hearing)6:30 PM Hybrid - Council Chambers Thursday, December 5 Golden Valley Business Connections 8:00 AM - 9:30 AM MRA - The Management Association, 5980 Golden Hills Drive Sunday, December 8 Winter Market in the Valley (Indoors)10:00 AM - 1:00 PM Brookview Bassett Creek Room Tuesday, December 10 Council Work Session 6:30 PM Hybrid - Council Conference Room Tuesday, December 17 City Council Meeting 6:30 PM Hybrid - Council Chambers 34