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12-03-24 City Council Agenda December 3, 2024 — 6:30 PM Council Chambers Hybrid Meeting 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.Roll Call 1C.2025 Allocation Recommendation From the Golden Valley Community Services Commission 1D.Proclamation Honoring December 10, 2024 as Human Rights Day 2.Additions and Corrections to Agenda 3.Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. 3A.Approval of City Check Registers 3B.Boards, Commissions, and Task Forces: 3B.1.Accept Resignation from the Police Employment, Accountability, and Community Engagement Commission 3C.Bids, Quotes, and Contracts: 3C.1.Approve Contract for Construction Services for City Hall Phase 2 Office Remodel with Advanced Design Contracting, LLC 3C.2.Approve Contract for Transportation and Disposal of Fill with M.B.E., Inc. 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 968 9884 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 968 9884 and webinar password 1234. Press *3 to raise your hand during public comment sections. City of Golden Valley City Council Regular Meeting December 3, 2024 — 6:30 PM 1 3C.3.Approve Contract for Debris-Impacted Soil Disposal with M & J Trucking Co., LLC 3D.Receive and File Quarterly Reports for Select City Funds 3E.Adopt Resolution No. 24-072 Granting City Council Consent for Housing and Redevelopment Authority (HRA) Levy Payable in 2025 3F.Approve Resolution No. 24-073 Approving the 2025-2034 Capital Improvement Plan 3G.Approve Resolution No. 24-074 Adopting the 2025-2026 Budget for Enterprise, Special Revenue and Internal Service Funds 3H.Adopt Resolution No. 24-075 Approving Purchasing Card Policy 4.Public Hearing 4A.Code Updates Relating to Cannabis 4A.1.Public Hearing Regarding a Request for Approval of Zoning Code Amendment to Allow the Cultivation, Manufacturing and Sale of Cannabis - Ordinance No. 787 and Resolution No. 24-076 4A.2.First Reading of Ordinance No. 789 - Adult Use Cannabis Registration Ordinance 4B.Code Updates Relating to Telecommunications 4B.1.Public Hearing Regarding Zoning Code Update to the Telecommunications Facilities Section 113-154 regarding Small and Micro Cell Wireless Facilities, Ordinance No. 788 and Resolution No. 24-077 4B.2.First Reading of Ordinance No. 790 Telecommunications Code Update (Right-of-Way), Amending Code Chapter 24, Article II - Right-of-Way Management 5.Old Business - None. 6.New Business 6A.Public Input and Approval of Resolution No. 24-078 to Adopt the Final 2025 Budget of the General Fund Budget and Resolution No. 24-079 Adopting the Property Tax Levies for Taxes Payable in 2025 6B.Review of Council Calendar 6C.Mayor and Council Communications 1. Other Committee/Meeting updates 7.Adjournment City of Golden Valley City Council Regular Meeting December 3, 2024 — 6:30 PM 2 EXECUTIVE SUMMARY Parks & Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 3, 2024 Agenda Item 1C. 2025 Allocation Recommendation From the Golden Valle y Community Services Commission Prepared By Sheila VanSloun, Parks & Recreation Administrative Assistant Brian Erickson, Recreation Supervisor Summary The Community Services Commission (CSC) met on Monday, October 21, to review funding requests from agencies. The following requests were received and approved by the CSC for allocation at the November 18, meeting: Agency Request Recommendation Crisis Nursery $5,000 $5,000 CEAP $10,000 $8,000 PRISM $20,000 $10,000 Senior Services HOME $6,000 $5,000 Senior Service Outreach $6,000 $5,000 Sojourner Project $7,500 $4,500 YMCA - New Hope $2,500 $2,500 Damascus Way $5,000 $3,000 HUG $5,000 $5,000 The Bridge For Youth $5,000 $2,000 Resource West $2,000 $2,000 TOTAL $74,000 $52,000 Agencies will be directed to use the funds for program costs for Golden Valley residents, when possible. Lisa Roden, Chair, will be at the meeting to review the Allocation Report and recap the 2024 activities. Financial or Budget Considerations None at this time. Legal Considerations Not required. 3 Equity Considerations Providing unbiased services for families and the community that support and advances diversity, equity, and inclusion in Golden Valley. Recommended Action Motion to receive and approve the 2025 Allocation Report and to direct staff to notify the eleven agencies of their 2025 allocation amount. 4 EXECUTIVE SUMMARY Human Resources 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 3, 2024 Agenda Item 1D. Proclamation Honoring December 10, 2024 as Human Rights Day Prepared By Seth Kaempfer, Equity and Inclusion Manager Summary The 10th of December is annually honored as Human Rights Day. This day recognizes the common standards and shared expectation regarding human rights for all people and nations set for in the United Nation's Universal Declaration of Human Rights. This proclamation calls upon the community of Golden Valley to celebrate and acknowledge the importance of human rights and work to build a more peaceful, equitable, and sustainable community. This proclamation also iterates the importance of equitable action, policy making, and process implementation to protect and strengthen human rights of all. The City of Golden Valley includes the recognition of individuals and groups who are making a positive impact on human rights in local spaces and places through the Diversity Equity and Inclusion Commission (DEIC)'s annual Bill Hobbs Human Rights Award. Celebration and recognition efforts are critical to bringing awareness, lowering apathy, and increasing understanding and commitment to human rights. 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 by calling into focus the importance of understanding, supporting, and improving the human rights of the community of Golden Valley. Recommended Action Motion to adopt proclamation honoring December 10, 2024 as Human Rights Day. Supporting Documents Proclamation for Human Rights Day 5 CITY OF GOLDEN VALLEY PROCLAMATION RECOGNIZING HUMAN RIGHTS DAY DECEMBER 10, 2024 WHEREAS,on December 10th, 1948, the Universal Declaration of Human Rights was proclaimed by the United Nations General Assembly outlining common standards and shared expectations regarding human rights for all people and nations; and WHEREAS, December 10th, 2024, marks the 76 th anniversary of this declaration and that human rights are universal rights inherent to every person inclusive of their race, nationality, religion, ethnicity, age, gender, sexuality, language, and additional statuses; and WHEREAS, in 2024, the United Nations honors this day with the them of “Our Rights, Our Future, Right Now” in hopes to show the tangible impacts of human rights by focusing on current issues and impacts as well as practical solutions; and WHEREAS,we understand that acknowledgement of human rights is not enough and that it requires continued and sustained equitable solutions, policies, and practices to ensure community has access to the full spectrum of human rights; and WHEREAS, the City of Golden Valley is committed to ensuring that all residents and community members have equitable access to opportunity and resources, are empowered to serve one another, and are able to pursue lives of safety, peace, and prosperity without concern to their human rights; and WHEREAS, the City’s Diversity, Equity, and Inclusion Commission highlights the local positive impact of supporting human rights by recognizing an individual or organization through the Bill Hobbs Human Rights Award. NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Golden Valley does hereby proclaim December 10 th, 2024, as “Human Rights Day” and calls upon the people of Golden Valley to celebrate and acknowledge the importance of human rights in our everyday lives as well as to work on building a more peaceful, equitable, and sustainable community. IN WITNESS WHEREOF,I Mayor Roslyn Harmon, proudly certify this proclamation with my signature and the seal of the City of Golden Valley on December 3rd, 2024. ___________________________ Roslyn Harmon, Mayor 6 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 3, 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: 11-20-2024 Check Register 11-26-2024 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. 7 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 3, 2024 Agenda Item 3B.1. Accept Resignation from the Police Employment, Accountability, and Community Engagement Commission Prepared By Elinorah Sinyembo, Executive Assistant Summary Commissioner Madeline Ryan has submitted her resignation from the Police Employment, Accountability, and Community Engagement Commission. Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. Recommended Action Motion to accept the resignation of Madeline Ryan from the Police Employment, Accountability, and Community Engagement Commission, effective November 18, 2024. 8 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 3, 2024 Agenda Item 3C.1. Approve Contract for Construction Services for City Hall Phase 2 Office Remodel with Advanced Design Contracting, LLC Prepared By Tim Kieffer, Public Works Director Al Lundstrom, Park Maintenance Superintendent Summary City Hall Upper-Level needs to be remodeled to add additional offices due to increased personnel. Phase 2 of the work includes replacing two existing cubicles with walls to make two new offices and a collaborative area. Staff received three quotes for the project. The results are as follows: Action Construction Transportation, LLC $41,000.00 Advanced Design Contracting, LLC $35,119.00 JPMI Construction Company $38,500.00 Financial or Budget Considerations Funding will come from the Buildings Capital Improvement Program fund balance. The city is under contract for consulting services in the amount of $9,200. Legal Considerations The Legal Department has reviewed and approved the contract. Equity Considerations Staff solicited quotes from forty-six contractors, including forty-three Disadvantaged Business Enterprises using the Minnesota Unified Certification Program database, and three community organizations that work with Minority and Women Business Enterprises. Recommended Action Motion to approve the Mayor and City Manager to execute the Contract for Construction Services for City Hall Phase 2 Office Remodel with Advanced Design Contracting, LLC in the form approved by the City Attorney. 9 Supporting Documents Contract for Construction Services for City Hall Phase 2 Office Remodel with Advanced Design Contracting, LLC 10 1 CONTRACT FOR CONSTRUCTION SERVICES FOR CITY HALL PHASE 2 OFFICE REMODEL WITH ADVANCED DESIGN CONTRACTING, LLC THIS AGREEMENT is made this 3rdday of December2024(the “Effective Date”) by and between Advanced Design Contracting, LLC, a construction company located at 9250 Isanti Street NE, Blaine, MN 55449 (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Contractor is engaged in the business of construction. B. The City desires to hire Contractor to provide construction services. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1.The Work.Contractor shall perform the work more fully described in the attached Exhibit A (the “Work”). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. Contractor shall at all times keep the premises free from accumulation of waste materials and debris caused by Contractor’s operations. 2.Time for Completion.The Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the City’s authorized agentaccording to the length of time set forth in Exhibit A (the “Contract Time”). Contractor shall notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work during the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may at its discretion, extend the Contract Time. 3.Consideration.In consideration of the performance of the Work, the City shall pay to Contractor the amount set forth in the attached Exhibit D (the “Contract Price”). The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty (35) days after receiving a statement from Contractor. 11 2 4.Permits. Contractor shall obtain, at its sole cost, all permits required for the performance of the Work. 5.Extra Work.Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 6.Contract Documents.The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary drawings, plans, specifications d. Other documents listed in this Agreement Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 7.Expense Reimbursement.Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 8.Approvals.Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 9.Protection of Persons and Property.Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 12 3 10.Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done to the satisfaction and approval of the City at the Contractor’s sole cost and expense. Contractor shall replace at Contractor’s expense any loss or damage to the Work, however caused, which occurs during the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility for the construction and delivery of the Work. Acceptance of the completedWork shall be evidenced only by a Certificate of Final Completion issued by the City, which shall state the date on which the City accepts the completed Work (the “Final Completion Date”). 11.Warranty.Contractor represents and warrants that it has the requisite training, skills, and experience necessary to complete the Work, is appropriately licensed by all applicable agencies and governmental entities, and will complete the Work in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar work. Contractor further represents and warrants to the City that the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or equipment not conforming to these requirements may be considered defective. Contractor shall promptly correct any defective Work. Costs of correcting such defective Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for any additional services and expenses made necessary thereby, shall be at Contractor’s expense. Contractor’s warranty shall exclude remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. 12.Guarantee.Contractor guarantees and agrees to maintain the stability of the Work and materials furnished and installed under this contract for a period of one year after the Final Completion Date (the “Guarantee Period”). Contractor agrees to perform fully all other guarantees as set forth in the specifications. If any of the Work is found to be not in accordance with the requirements of the Contract during the Guarantee Period, Contractor shall correct it promptly after receipt of notice from the City to do so. The City shall give such notice promptly after discovery of the condition. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct the Work at Contractor’s expense. The Guarantee Period shall be extended with respect to portions of Work first performed after the Final Completion Date by the period of time between final payment and the actual completion of that portion of the Work. The one-year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to this Section. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with respect to Contractor’s obligations other than specifically to correct the Work. 13 4 13.Termination.This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’sfailure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractorfor Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 13.Amendments.No amendments may be made to this Agreement except in writingsigned by both parties. 14.Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 15.Records/Inspection.Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 16.Indemnification.To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actionsof any kind,nature, or character; damages; losses; andcosts, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 17.Insurance.Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: 14 5 a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard, providing coverage for claims including: i.Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii.Personal and advertising injury; iii.Damages because of physical damage to or destruction of property, including loss of use of such property; iv.Bodily injury or property damage arising out of completed operations; and v.Contractor’s indemnity obligations under this Agreement. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’written notice in the case of non-payment. 18.Compliance with State Withholding Tax. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project by providing to the City Engineer a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. 19.Assignment.Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Work required by this Agreement. Any instrument in violation of this provision is null and void. 15 6 20.Independent Contractor.Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is customarily engaged inthe independent performance of the same or similar workfor others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City.The parties agree that this is not a joint venture and the parties are not co-partners. Contractoris not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor andnot 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. 21.Compliance with Laws.Contractorshall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor’sguests, 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. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 22.Entire Agreement.The Contract Documents shall constitute the entire agreement between the City and Contractor, and supersede any other written or oral agreements between the City and Contractor. 23.Third Party Rights.The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 24.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. 25.Work Products and Ownership of Documents. All records, information, materials and other work products, including, but not limited to the completed reports, drawings, plans, and specifications prepared and developed in connection with the provision of the Work pursuant to this Agreement shall become the property of the City, but reproductions of such records, information, materials and other work products in whole or in part may be retained by Contractor. Regardless of when such information was provided, Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. These obligations survive the termination of this Agreement. 26.Conflict of Interest.Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor 16 7 shall advise the City and,either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Work. 27.Agreement Not Exclusive.The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City’s sole discretion. 28.Data Practices Act Compliance.Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within three business days if it receives a data request from a third party, and shall not respond to such requests without first conferring with the City. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 29.No Discrimination.Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, gender, gender identity, gender expression,status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 30.Authorized Agents.The City’s authorized agent for purposes of administration of this contract is Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is Foster Hackett III, or designee who shall perform or supervise the performance of all Work. 31.Notices.Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY Advanced Design Contracting, LLC 9250 Isanti Street NE Blaine, MN 55449 foster@adcminnesota.com City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 tkieffer@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 17 8 32.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. 33.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. 34.Payment of Subcontractors.Contractor agrees to pay all laborers employed and all subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to pay any claims and demands for labor and materials, the City may apply the monies due to Contractor toward paying and satisfying such claims and demands. The City has the right to apply monies due to Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against Contractor. The amount of such payments shall be deducted from the balance due to the Contractor; provided that nothing herein nor any variation from the amounts and timing of the installments shall be construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or to retain for their benefit any monies coming to the contractor hereunder. Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%) per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 35.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. 36.Signatory.Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 37.Counterparts and Electronic Communication.This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (pdf) and signatures appearing on electronic mail instruments shall be treated as original signatures. 38.Recitals.The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. 18 9 IN WITNESS WHEREOF,the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. ADVANCED DESIGN CONTRACTING,LLC:CITY OF GOLDEN VALLEY: By: _________________________________ Foster Hackett III, President By: _________________________________ Roslyn Harmon, Mayor By: _________________________________ Noah Schuchman, City Manager 19 EXHIBIT A SCOPE OF WORK 1.Work.The Work shall include furnishing all labor, tools, and equipment to construct new office space in accordance with the specifications herein. The Work shall include the following: A. Wall Construction – Contractor shall remove and install walls as indicated in Exhibit C. New walls between office and corridor wall shall be fire rated to match existing corridor wall fire rating. Walls shall be insulated to provide sound proofing. Contractor shall be responsible for mudding and sanding wall to a smooth surface ready for paint. B. Office Doors–Contractor shall supply and installofficedoors. Contractor shall be responsible for staining to match existing doors. City shall approve purchase of office doors before purchase is made. City shall be responsible for hardware including locks. C. Ceiling – Contractor shall remove and install ceiling grid and tiles as indicated in Exhibit C. D. Electrical– The City shall hire third party contractor for electrical work. Contractor shall work with City on scheduling electrical work to ensure no delays. E. HVAC – City shall hire third party contractor for HVAC work. Contractor shall work with City on scheduling HVAC work to ensure no delays. F. Fire Suppression – The City shall hire third party contractor for fire suppression. Contractor shall work with City on scheduling fire suppression work to ensure no delays. G. Paint – The City shall hire third party contractor for painting. Contractor shall work with City on scheduling painting to ensure no delays. H. Flooring - The City shall hire third party contractor for flooring. Contractor shall work with City on scheduling flooring to ensure no delays. Contractor shall remove existing flooring as required for the removal and installation of walls. 2.Location. Location is Golden Valley City Hall, 7800 Golden Valley Road. 3.Contract Time. The Work shall commence on December 9, 2024,and conclude before January 17, 2025. 20 EXHIBIT B SPECIAL CONDITIONS 1.Safety Precautions and Accident Prevention. The Contractor shall observe and comply with all requirements to the safety of the workforce to be employed on the project. Contractor shall comply with all safety measures recommended and required by any governmental agency, including the Department of Labor and Industry, Division of Accident Prevention of the Industrial Commission of Minnesota, and with the requirements of the Workmen's Compensation Act and any amendments thereof. Attention is called to the other paragraphs of these Special Conditions covering safety precautions and accident prevention. The Contractor shall be responsible for all safety issues on this project. The Contractor shall comply with instructions from the City for implementing any additional requirements for safety concerns. 2.Pre-Construction Meeting. Prior to the beginning of construction, a pre-construction meeting shall be held, and shall be attended by the authorized representatives of the City and persons of the contracting company who will have direct responsibility for workmanship and/or materials used on the project. The conference will disclose all aspects for execution and schedule of the Work. Agreement on any and all questionable measurements, materials, methods or other matters shall be made at this conference. Contractor shall submit the following at the pre-construction meeting: A. Critical path phasing plan and schedule, which details all controlling operations. This shall be submitted a minimum of three (3) days before the pre-construction meeting. B. List of products and materials. C. General project contact information including emergency contacts. 3.Mobilization. The mobilization shall be included in the base price in all aspects of the Work per unit price described in Exhibit D. No additional compensation will be considered for mobilization. 4.Hours of Operation. Work shall occur Monday through Friday from 7:00 a.m. to 4:00 p.m., excluding holidays. 5.Noise Elimination. The Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the manufacturer. 6.Care of Work.All work under this contract shall be accomplished with reasonable care and minimal damage to affected properties. The Contractor shall provide quality cleanup after removal and repair of any damage done by the Contractor’s equipment. 7.Manual References.The Specifications which apply to the Work shown in the Plans shall be as follows: A.Exhibits A, B, and C. B. The most current edition of the Minnesota Manual on Uniform Traffic Control Devices and its supplements. (https://www.dot.state.mn.us/trafficeng/publ/mutcd/) 21 C. Division I, 1512 (Unacceptable and unauthorized work) of the Minnesota Department of Highways Standard Specification for Construction, most current edition, and its supplements, shall apply, except as modified or supplemented herein. (https://www.dot.state.mn.us/pre-letting/spec/) D. Division II (Construction Details) and Division III (Materials) of the Minnesota Department of Highways Standard Specification for Construction, most current edition, and its supplements, shall apply, except as modified or supplemented herein. (https://www.dot.state.mn.us/pre-letting/spec/) 8.Measurement and Payment.Payment for all items for this project shall be by the unit price as stated in Exhibit D. The estimated quantities on the Proposal form are for determination of the lowest cost for the Work. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the amount budgeted by the City. No claims for extra compensation due to increased or decreased quantities shall be considered. Contractor shall submit all final quantities to the City within 30 days after completion of the Work. 9.Contract Extension. Contractor shall perform fully, entirely, and in an acceptable manner, the Work contracted for within the time stated in Exhibit A. Contractor shall, not less than ten (10) days prior to said date, make written request to the City for an extension of time for completion, setting forth fully in its request the reasons which Contractor believes justify the granting of the request. If the City finds that the Work has been delayed on account of unusual conditions beyond the control of Contractor, or the quantities of the Work done or to be done are in excess of the Contract quantities in sufficient amount to warrant additional time; the City may, in its sole discretion, grant an extension of time for the completion to such date as may seem reasonable and proper. In case such extension is not granted, the right to proceed with the Work may be considered as forfeited as of the Contract Time, including all agreed upon adjustments, and the City, without violating the Contract, may proceed immediately to take over the Work, materials and equipment and make final settlement of costs incurred, except that it shall not be necessary to give Contractor written ten (10) days’ notice for such forfeiture. 22 EXHIBIT C DESIGN PLANS [Remainder of page left blank intentionally.] 23 24 25 26 27 EXHIBIT D PROPOSAL The undersigned hereby certifies that an examination has been made of the scope and location of work and hereby proposes to furnish all necessary machinery, equipment, tools, labor and other means of construction and to furnish all materials specified in the manner and at the time prescribe; and understands that the quantities of work shown herein are approximate only and are subject to increase or decrease; and further understands all quantities of work, whether increased or decreased, are to be performed at the following unit prices. Description Units Quantity Price/Unit Bid Amount Office Construction Lump Sum 1 $35,119.00 $35,119.00 Total Base Quote $35,119.00 28 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 3, 2024 Agenda Item 3C.2. Approve Contract for Transportation and Disposal of Fill with M.B.E., Inc. Prepared By Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Superintendent Summary Public Works stockpiles excess dirt from water main breaks, street sweeping, and other maintenance operations at the 10th Avenue storage yard. The area has become increasingly full, to the point where contract trucking and disposal of the unwanted material is needed. A multi-year plan to remove the dirt berm and install sectional concrete panels on the south side of the 10th Avenue storage yard is planned to create more space. Quotes for the project were received and are listed below: M.B.E., Inc.$14.49 per cubic yard M & J Trucking Co., LLC $10.50 per cubic yard Unfortunately, the contractor that submitted the low quote has rejected the stockpiled dirt. Staff proposes to award the contract to the other contractor. Financial or Budget Considerations The 2024 Buildings Capital Improvement Program (CIP) includes $125,000 for the transportation and disposal of fill (B-048). The total proposed cost is $108,675.00. Legal Considerations The Legal Department has reviewed and approved the contract. Equity Considerations Staff solicited quotes from thirty-three Disadvantaged Business Enterprises using the Minnesota Unified Certification Program database and three community organizations that work with Minority and Women Business Enterprises. Recommended Action Motion to approve the Mayor and City Manager to execute the Contract for Transportation and Disposal of Fill with M.B.E., Inc. in the form approved by the City Attorney to transport and dispose of 29 fill. Supporting Documents Contract for Transportation and Disposal of Fill with M.B.E., Inc. 30 1 CONTRACT FOR TRANSPORTATION AND DISPOSAL OF FILL WITH M.B.E., INC. THIS AGREEMENT is made this 3rd day of December 2024 (“Effective Date”) by and between M.B.E., Inc., a trucking company located at 530 River Street South, Delano, MN 55328 (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Contractor is engaged in the business of transporting, delivering, and disposing of common fill. B. The City desires to hire Contractor to transport and dispose of common fill. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1.The Work.Contractor shall perform the work more fully described in the attached Exhibit A (the “Work”). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. 2.Time for Completion.The Contractor shall proceed diligently and shallcomplete the Work to the satisfaction and approval of the City on or before December 31, 2024 (the “Contract Time”). Contractor shall notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the Citymay,at its discretion, extend the Contract Time. 3.Consideration.In consideration of the performance of the Work, the City shall pay to Contractor the amount set forth herein Exhibit C (the “Contract Price”). The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty (35) days after receiving a statement from Contractor. 31 2 4.Extra Work.Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 5.Expense Reimbursement.Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 6.Approvals.Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 7.Protection of Persons and Property.Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 8.Termination.This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’sfailure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractorfor Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 9.Amendments.No amendments may be made to this Agreement except in a writing signed by both parties. 32 3 10.Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 11.Records/Inspection.Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to this Agreementor transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 12.Indemnification.To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actionsof any kind,nature, or character; damages; losses; andcosts, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 13.Insurance.Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard, providing coverage for claims including: i. Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii. Personal and advertising injury; iii. Damages because of physical damage to or destruction of property, including loss of use of such property; iv. Bodily injury or property damage arising out of completed operations; and v. Contractor’s indemnity obligations under this Agreement. 33 4 To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’written notice in the case of non-payment. 14.Compliance with State Withholding Tax. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project by providing to the City Engineer a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. 15.Assignment.Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Work required by this Agreement. Any instrument in violation of this provision is null and void. 16.Independent Contractor.Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is customarily engaged inthe independent performance of the same or similar workfor others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City.The parties agree that this is not a joint venture and the parties are not co-partners. Contractoris not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, includingbut not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 17.Compliance with Laws.Contractorshall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor’sguests, 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 34 5 rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 18.Entire Agreement.The Contract Documents shall constitute the entire agreement between the City and Contractor, and supersede any other written or oral agreements between the City and Contractor. 19.Third Party Rights.The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 20.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. 21.Conflict of Interest.Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and,either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Work. 22.Agreement Not Exclusive.The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City’s sole discretion. 23.Data Practices Act Compliance.Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within three business days if it receives a data request from a third party and shall not respond to such request without first conferring with the city. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 24.No Discrimination.Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractoragrees 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 Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 35 6 25.Authorized Agents.The City’s authorized agent for purposes of administration of this contract is Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is Dan Zimmerman, or designee who shall perform or supervise the performance of all Work. 26.Notices.Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY Dan Zimmerman 530 River Street South Delano, MN 55328 danz@mbemn.com City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 tkieffer@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 27.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. 28.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. 29.Payment of Subcontractors.Contractor agrees to pay all laborers employed and all subcontractors furnishing material to Contractor in the performance of this Agreement. If Contractor fails to pay any claims and demands for labor and materials, the City may apply the monies due to Contractor toward paying and satisfying such claims and demands. The City has the right to apply monies due to Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against Contractor. The amount of such payments shall be deducted from the balance due to the Contractor; provided that nothing herein nor any variation from the amounts and timing of the installments shall be construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or to retain for their benefit any monies coming to the contractor hereunder. Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%) per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 36 7 30.Severability.In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 31.Signatory.Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 32.Counterparts and Electronic Communication.This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (pdf) and signatures appearing on electronic mail instruments shall be treated as original signatures. 33.Recitals.The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF,the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. M.B.E.,INC.:CITY OF GOLDEN VALLEY: By: _________________________________ Susie Borell, Vice President By: _________________________________ Roslyn Harmon, Mayor By: _________________________________ Noah Schuchman, City Manager 37 EXHIBIT A SCOPE OF WORK 1.Loading. City shall provide equipment and operator to load Materials using the highest standard of care for safety. Over-weight loads are the responsibility of the City loading the trucks. 2.Transportation. Contractor shall transport and unload the Materials using the highest standard of care for safety. Contractor shall ensure that no portion of the Materials are lost during transport. Should any Materials be spilled or drift during transport, Contractor agrees to immediately take all necessary steps to clean up said Materials. 3.Disposal.Contractor shall provide trucks and drivers to haul the materials indicated below (the “Materials”) to the disposal sites indicated below. MATERIAL DISPOSAL SITE Common Fill 7959 Minnesota Highway 25, Monticello, MN 55362 4.Dirt Accepted “As Is” Without Warranty or Representation.Contractor reserves the right to reject any and all Materials during the disposal process if the parties determine that the Materials are contaminated by a hazardous substance. Contractor may inspect the Materials for hazardous substances by visual inspection or smell. If additional testing is required to determine whether the Materials are contaminated, the City shall bear the cost of testing. Contractor also reserves the right to reject asphalt or concrete rubble encountered at the site. Any rejected Materials remain the responsibility of the City. Once Contractor accepts Materials, Contractor expressly assumes all risks, known and unknown, from the loading, transport, unloading and use of the accepted Materials and accepts all such Materials “as is” without warranty, promise or representation as to its composition, quality, or lack of contamination. 5.Other Responsibilities. Contractor is a for hire motor carrier and shall be solely responsible for assigning drivers to drive Contractor’s trucks. Contractor shall be solely responsible for the employment, training, and supervision of its drivers and for the operation, maintenance and repair of its trucks, and any other equipment. Contractor shall have current registration and permits for all trucks and equipment, and shall be responsible for all operating expenses associated with the operation of the trucks or other equipment during this agreement. All drivers used by Contractor for performing its work under this agreement shall have the qualifications and licenses required by the state of Minnesota and all applicable Federal Motor Carrier Safety Regulations. Contractor shall not use an unqualified or disqualified driver for any of the Work under any circumstances. 38 EXHIBIT B SPECIAL CONDITIONS 1.Responsible Contractor Certification. Contractor and subcontractor(s) shall be a “responsible contractor” as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a “responsible contractor” and will be ineligible to perform the Work. Contractor and subcontractor(s) that make a false statement verifying compliance with any of the minimum criteria herein described shall result in the termination of this Agreement. 2.Hours of Operation. Work shall occur Monday through Friday from 7:00 a.m. to 3:00 p.m. excluding holidays. 3.Mobilization.The mobilization shall be included in the base price in all aspects of the Work per unit price herein Exhibit C. No additional compensation will be considered for mobilization. 4.Noise Elimination. The Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the manufacturer. 5.DOT Compliance. All of Contractor’s drivers performing work for the City must be in compliance with DOT requirements related to holding a Commercial Driver’s License (CDL). Contractor shall be responsible for ensuring its own compliance with all applicable DOT regulations and requirements, including but not limited to DOT regulations related to drug testing and the maintenance of drug testing records. Contractor shall indemnify and hold harmless the City for any fines incurred as a result of Contractor’s failure to comply with DOT requirements as set forth above. It shall be Contractor’s responsibility to comply and provide evidence to the City of DOT compliance upon request. 6.Risk of Loss. Contractor acknowledges that it will bear all risk of loss with regard to its performance under this Agreement, including without limitation, cost on losses caused by delays attributable to Contractor, breakdowns of trucks, equipment and the acts or omissions of Contractor’s employees. Contractor acknowledges that the City owns trucks and equipment for similar work and has employees for operating such trucks and equipment. Contractor agrees that the City may utilize its trucks, equipmentand employeesin any manner that it wishes and that the City is not obligated to order work from Contractor unless it chooses not to use its own trucks and equipment. 7.Measurement and Payment.Payment for all items for this project shall be by the unit price as stated herein Exhibit C. The estimated quantities on the Proposal form are for determination of the lowest cost for the Work. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the amount budgeted by the City. No claims for extra compensation due to increased or decreased quantities shall be considered. Contractor shall submit all final quantities to the City within one month after completion of the Work. 39 EXHIBIT C PROPOSAL Contractor certifies that an examination has been made of the scope and location of work and proposes to furnish all necessary machinery, equipment, tools, labor and other means for the Work and to furnish all materials specified in the manner and at the time prescribed in the Contract Documents. Contractor understands that the quantities shown herein are approximate only and are subject to increase or decrease. Contractor further understands all quantities, whether increased or decreased, shallbe performed at the unit pricesbelow.The cost of hauling to the dumpsite and the cost of dumping material at the site shall be included in the prices bid for the equipment. Description Units Quantity Unit Price Total TRANSPORTATION AND DISPOSAL OF FILL CY 7,500 $14.49 $108,675.00 TOTAL COST TO PROVIDE SERVICES FOR TRANSPORTAION OF DISPOSAL OF FILL $108,675.00 40 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 3, 2024 Agenda Item 3C.3. Approve Contract for Debris-Impacted Soil Disposal with M & J Trucking Co., LLC Prepared By Michael Ryan, City Engineer Caleb Brolsma, Assistant City Engineer Summary Debris-impacted soil, which consists of common fill mixed with polystyrene insulation, was encountered during Zane Avenue & Lindsay Street construction. The polystyrene insulation served as pipe cover to prevent sanitary sewer from damage and impacts associated with frost/freeze. This material is not accepted at traditional disposal or landfill sites. As such, the material was moved from the Zane Avenue and Lindsay Street project to a City facility for temporary storage while construction continued. The City obtained two quotes for the loading, hauling, and disposal of the debris-impacted fill to Dem-Con's landfill. The unit rate quotes are listed below. Northwest Asphalt, Inc.: $30.35 per ton M & J Trucking Co., LLC: $26.38 per ton Financial or Budget Considerations This contract is associated with the Zane Avenue and Lindsay Street Improvements project, and the services are accounted for in the existing project's budget within the "Indirect Expenses" line item. The final cost is subject to change based on scale tickets and final quantities, workability of the stockpiled material based on frozen conditions, and related factors. The total estimated cost is not to exceed $100,573.75. This is within the project's overall approved budget described in the 2024-2033 Capital Improvement Plan, which totals $9,350,000. Legal Considerations This item has been approved by the City Attorney. Equity Considerations The City’s work to execute our Pavement Management Program, including these services provided as associated with the Zane Avenue and Lindsay Street Improvements Project, is consistent with the unbiased programs and services pillar of the City’s Equity Plan. The Pavement Management Program is unbiased, prioritizing streets that are not constructed to current standards, and streets that objectively have low Pavement Quality Index scores. 41 This contract award is recommended to M & J Trucking Co., LLC, which is a registered Disadvantaged Business Enterprise (DBE) and Woman-owned Business (WBE) under the Minnesota Unified Certification Program. Recommended Action Motion to Approve Contract for Debris-Impacted Soil Disposal with M & J Trucking Co., LLC. Majority vote needed. Supporting Documents Contract for Debris-Impacted Soil Disposal with M & J Trucking Co., LLC MJ_Unit_Price_Quote.pdf 42 1 CONTRACT FOR TRANSPORTATION AND DISPOSAL OF FILL THIS AGREEMENT is made this 3rd day of December, 2024 (“Effective Date”) by and between M & J Trucking Co., LLC, a trucking company located at 20000 Kenrick Avenue, Lakeville, MN 55044 (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Contractor is engaged in the business of transporting, delivering, and disposing of debris- impacted fill. B. The City desires to hire Contractor to load, transport and dispose of debris-impacted fill. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1. The Work. Contractor shall perform the work more fully described in the attached Exhibit A (the “Work”). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. 2. Time for Completion. The Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the City on or before December 31, 2024 (the “Contract Time”). Contractor shall notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time. 3. Consideration. In consideration of the performance of the Work, the City shall pay to Contractor the amount set forth herein Exhibit C (the “Contract Price”). The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty-five (35) days after receiving a statement from Contractor. 43 2 4. Extra Work. Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 5. Expense Reimbursement. Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 6. Approvals. Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 7. Protection of Persons and Property. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 8. Termination. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractor for Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 9. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 44 3 10. Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 11. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to this Agreement or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 12. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 13. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard, providing coverage for claims including: i. Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii. Personal and advertising injury; iii. Damages because of physical damage to or destruction of property, including loss of use of such property; iv. Bodily injury or property damage arising out of completed operations; and v. Contractor’s indemnity obligations under this Agreement. 45 4 To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment. 14. Compliance with State Withholding Tax. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project by providing to the City Engineer a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. 15. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Work required by this Agreement. Any instrument in violation of this provision is null and void. 16. Independent Contractor. Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is customarily engaged in the independent performance of the same or similar work for others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 17. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as the City’s Respectful 46 5 Workplace Policy 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. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 18. Entire Agreement. The Contract Documents shall constitute the entire agreement between the City and Contractor, and supersede any other written or oral agreements between the City and Contractor. 19. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 20. 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. 21. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Work. 22. Agreement Not Exclusive. The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City’s sole discretion. 23. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within three business days if it receives a data request from a third party and shall not respond to such request without first conferring with the City. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 24. No Discrimination. Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. 47 6 Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 25. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Caleb Brolsma, or designee. Contractor’s authorized agent for purposes of administration of this contract is Josh Corcoran, or designee who shall perform or supervise the performance of all Work. 26. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY M & J Trucking Co., LLC 20000 Kenrick Avenue Lakeville, MN 55044 josh@mjtruckingco.com City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 cbrolsma@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 27. 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. 28. 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. 29. Payment of Subcontractors. Contractor agrees to pay all laborers employed and all subcontractors furnishing material to Contractor in the performance of this Agreement. If Contractor fails to pay any claims and demands for labor and materials, the City may apply the monies due to Contractor toward paying and satisfying such claims and demands. The City has the right to apply monies due to Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against Contractor. The amount of such payments shall be deducted from the balance due to the Contractor; provided that nothing herein nor any variation from the amounts and timing of the installments shall be construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or to retain for their benefit any monies coming to the contractor hereunder. Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%) per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 48 7 30.Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 31.Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 32.Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (pdf) and signatures appearing on electronic mail instruments shall be treated as original signatures. 33.Recitals. The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF, the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. M & J TRUCKING CO., LLC: By: _________________________________ Josh Corcoran, Project Manager CITY OF GOLDEN VALLEY: By: _________________________________ Roslyn Harmon, Mayor By: _________________________________ Noah Schuchman, City Manager 49 EXHIBIT A SCOPE OF WORK 1. Loading. Contractor shall provide equipment and operator to load Materials using the highest standard of care for safety. Over-weight loads are the responsibility of the contractor loading the trucks. 2. Transportation. Contractor shall transport and unload the Materials using the highest standard of care for safety. Contractor shall ensure that no portion of the Materials are lost during transport. Should any Materials be spilled or drift during transport, Contractor agrees to immediately take all necessary steps to clean up said Materials. 3. Disposal. Contractor shall provide trucks and drivers to haul the materials indicated below (the “Materials”) to the disposal sites indicated below. MATERIAL DISPOSAL SITE Debris-Impacted Fill Dem-Con, 13020 Dem Con Dr, Shakopee, MN 55379 4. Debris-Impacted Fill Accepted “As Is” Without Warranty or Representation. Contractor reserves the right to reject any and all Materials during the disposal process if the parties determine that the Materials are contaminated by a hazardous substance which affects regulatory requirements associated with material loading or disposal procedures. Contractor may inspect the Materials for hazardous substances by visual inspection or smell. If additional testing is required to determine whether the Materials are contaminated, the City shall bear the cost of testing. Contractor also reserves the right to reject asphalt or concrete rubble encountered at the site. Any rejected Materials remain the responsibility of the City. Once Contractor accepts Materials, Contractor expressly assumes all risks, known and unknown, from the loading, transport, unloading and use of the accepted Materials and accepts all such Materials “as is” without warranty, promise or representation as to its composition, quality, or lack of contamination. 5. Other Responsibilities. Contractor is a for hire motor carrier and shall be solely responsible for assigning drivers to drive Contractor’s trucks. Contractor shall be solely responsible for the employment, training, and supervision of its drivers and for the operation, maintenance and repair of its trucks, and any other equipment. Contractor shall have current registration and permits for all trucks and equipment, and shall be responsible for all operating expenses associated with the operation of the trucks or other equipment during this agreement. All drivers used by Contractor for performing its work under this agreement shall have the qualifications and licenses required by the state of Minnesota and all applicable Federal Motor Carrier Safety Regulations. Contractor shall not use an unqualified or disqualified driver for any of the Work under any circumstances. 50 EXHIBIT B SPECIAL CONDITIONS 1. Responsible Contractor Certification. Contractor and subcontractor(s) shall be a “responsible contractor” as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a “responsible contractor” and will be ineligible to perform the Work. Contractor and subcontractor(s) that make a false statement verifying compliance with any of the minimum criteria herein described shall result in the termination of this Agreement. 2. Hours of Operation. Work shall occur Monday through Friday from 7:00 a.m. to 3:00 p.m. excluding holidays. 3. Mobilization. The mobilization shall be included in the base price in all aspects of the Work per unit price herein Exhibit C. No additional compensation will be considered for mobilization. 4. Noise Elimination. The Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the manufacturer. 5. DOT Compliance. All of Contractor’s drivers performing work for the City must be in compliance with DOT requirements related to holding a Commercial Driver’s License (CDL). Contractor shall be responsible for ensuring its own compliance with all applicable DOT regulations and requirements, including but not limited to DOT regulations related to drug testing and the maintenance of drug testing records. Contractor shall indemnify and hold harmless the City for any fines incurred as a result of Contractor’s failure to comply with DOT requirements as set forth above. It shall be Contractor’s responsibility to comply and provide evidence to the City of DOT compliance upon request. 6. Risk of Loss. Contractor acknowledges that it will bear all risk of loss with regard to its performance under this Agreement, including without limitation, cost on losses caused by delays attributable to Contractor, breakdowns of trucks, equipment and the acts or omissions of Contractor’s employees. Contractor acknowledges that the City owns trucks and equipment for similar work and has employees for operating such trucks and equipment. Contractor agrees that the City may utilize its trucks, equipment and employees in any manner that it wishes and that the City is not obligated to order work from Contractor unless it chooses not to use its own trucks and equipment. 7. Measurement and Payment. Payment for all items for this project shall be by the unit price as stated herein Exhibit C. The estimated quantities on the Proposal form are for determination of the lowest cost for the Work. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the amount budgeted by the City. No claims for extra compensation due to increased or decreased quantities shall be considered. Contractor shall submit all final quantities to the City within one month after completion of the Work. 51 EXHIBIT C PROPOSAL Contractor certifies that an examination has been made of the scope and location of work and proposes to furnish all necessary machinery, equipment, tools, labor and other means for the Work and to furnish all materials specified in the manner and at the time prescribed in the Contract Documents. Contractor understands that the quantities shown herein are approximate only and are subject to increase or decrease. Contractor further understands all quantities, whether increased or decreased, shall be performed at the unit prices below. The cost of hauling to the dumpsite and the cost of dumping material at the site shall be included in the prices bid for the equipment. Description Units Quantity Unit Price Total TRANSPORTATION AND DISPOSAL OF DEBRIS-IMPACTED FILL TN 3,050 $ 26.38 $ 80,459 TOTAL COST TO PROVIDE SERVICES FOR TRANSPORTAION OF DISPOSAL OF FILL $ 80,459 52 Print Close GOLDEN VALLEY 7800 GOLDEN VALLEY RD GOLDEN VALLEY, MN 55427 PHONE: (763) 593-8000 To:JOSH CORCORANFrom: 11/15/2024Bid Date: 1Pages: 952-254-1690Mobile: Non-Prevailing Wage Prevailing Wage Side Dumps Dump Trucks PROJECT: DEBRIS EXPORT, GOLDEN VALLEY ID: 8960M & J Trucking Co, LLC 20000 Kenrick Ave Lakeville, MN 55044 (952) 595-6555 Belly Dumps M & J is a DBE, WBE, SBE, TGB Contractor Details: $26.38/TN1 WAY EXPORT OF DEBRIS MATERIAL TO DEMCON DEMCON SCALE TICKETS WILL BE THE RECORD OF TONNAGE HAULED. UNIT PRICES INCLUDE TRUCKING, LOADING, AND DISPOSAL FEES. UNIT PRICES INCLUDE ALL COUNTY AGG, MN SALES TAX, AND ALL APPLICABLE STATE AND/OR LOCAL DELIVERY TAXES. A FUEL SURCHARGE WILL BE ADDED IF FUEL IS OVER $4.50/GALLON AT THE TIME OF TRUCKING. QUOTE VALID FOR 3 MONTHS FROM QUOTE DATE. PRICING VALID FOR NORMAL BUSINESS WEEK, NORMAL BUSINESS HOURS. NO NIGHTS AND/OR WEEKENDS. CUSTOMER MUST RESPOND WITHIN 30 DAYS OF QUOTE TO SECURE PRICING AND MATERIALS. IF NO RESPONSE IS MADE, QUOTE MAY BE REVISED AND/OR MATERIALS MAY NOT BE AVAILABLE . BY CONTRACTOR SCHEDULING TRUCKS FOR UNIT PRICE HAULS THE CONTRACTOR AGREES TO ALL TERMS AND PRICING ON QUOTE WITH OR WITHOUT SIGNED QUOTE. Accepted Date: Contractor 53 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 3, 2024 Agenda Item 3D. Receive and File Quarterly Reports for Select City Funds Prepared By Lyle Hodges, Finance Director Summary The financial status report includes the City's General Fund, two special revenue funds, and the five enterprise funds of the City. In addition, the report contains a financial status update for the Housing and Redevelopment Authority capital project fund which is legally separate from the City but accounted for as a blended component unit per generally accepted accounting principles. Financial or Budget Considerations There are no financial or budgetary considerations for this item. Legal Considerations There are no legal considerations for these items. Equity Considerations There are no equity considerations for these items. Recommended Action Motion to receive and file a presentation on the financial position of the City's funds. Supporting Documents 2024 Q3 Report Presentation 2024 Q3 Financial Status Report 54 Third Quarter 2024 Financial Status Update City Council Work Session November 12, 2024 55 Quarterly Report Overview •Financial report as of September 30, 2024: •General Fund •Projected to collect more revenue then budgeted and spend less than budgeted •Overall cash and fund balance projected to increase as a result •Special Revenue and Capital Project Fund •Expected to spend near budget in most funds •Includes the operational budget of the HRA •Enterprise Funds •Planned capital investments will decrease cash position in most funds •Operational revenues will exceed operational costs in all funds which helps fund future project spending. 56 General Fund Summary •Overall, General Fund revenue is expected to be over budget by approximately $1.3M •Permit Revenue is anticipated to come in approximately $1.5M over budget •Tax collections are expected to be $699,223 less than budgeted which represents a collection rate of 97.4%, consistent with recent historical collection rates •Other revenue categories are projected to finish 2024 relatively close to budget •Since 2020, the General Fund has received an average of 104.3% of total budgeted revenues •Overall, General Fund spending is expected to be under budget by approximately $1.6M, largely due to vacancies in 2024 •Nearly all departments projected to be below budget at year end •Police and Fire have the largest dollar savings which generally relates to personnel savings •Around 60% of the General Fund budget is for personnel (salary and benefits) so staffing levels, hiring replacements, and other personnel related changes are impactful to overall spending •Since 2020, the General Fund has spent an average of 97.2% of total budgeted expenditures 57 General Fund Summary Note – City Management & Admin. includes City Council, City Manager, Legal, Admin Services, Communications, Finance, and Insurance.Public works includes Building Maintenance, Park Maintenance, and Streets. Revenues 2023 Budget 2023 Year to Date 2023 Year End Actual 2024 Budget 2024 Year to Date 2024 Year End Projected Variance to Budget Projected Amount as a Percent of Budget 2025 Proposed Budget Property Taxes 24,843,020$ 12,435,482$ 24,097,267$ 26,613,525$ 13,427,099$ 25,914,302$ (699,223)$ 97.4%27,800,845$ Licenses Fees Permits 1,231,020 2,317,057 3,276,286 1,613,270 2,878,404 3,170,000 1,556,730 196.5%2,010,325 Charges for Service and Fines 605,270 566,512 1,795,576 666,795 566,342 706,000 39,205 105.9%718,430 Transfers In 895,000 650,883 881,647 895,000 577,600 895,000 - 100.0%895,000 Investment Earnings & Other 294,900 138,322 1,026,058 322,100 166,194 320,000 (2,100) 99.3%361,100 Total Revenue 27,869,210 16,108,256 31,076,834 30,110,690 17,615,638 31,005,302 894,612 103.0%31,785,700 Expenditures City Management & Admin 5,725,350 3,945,300 5,436,157 6,364,135 4,184,726 6,287,402 76,733 98.8%7,168,458 Police 7,705,215 4,107,919 6,087,127 8,533,560 5,526,507 7,750,000 783,560 90.8%2,506,743 FIre 2,184,600 1,267,436 1,812,500 2,318,220 1,424,151 2,100,000 218,220 90.6%8,021,047 Public Works 5,217,140 4,106,273 5,382,251 5,631,150 3,775,037 5,375,000 256,150 95.5%6,094,756 Parks & Recreation 1,453,140 972,503 1,241,464 1,528,070 872,609 1,395,000 133,070 91.3%1,583,750 Community Development 2,383,765 1,600,838 2,186,544 2,610,555 1,610,094 2,475,000 135,555 94.8%2,985,946 Contingencies - - - - - - - 150,000 Transfers Out 3,200,000 3,200,000 3,515,000 3,375,000 2,531,250 3,375,000 - 100.0%3,275,000 Total Expenditures 27,869,210$ 19,200,268$ 25,661,043$ 30,360,690$ 19,924,374$ 28,757,402$ 1,603,288$ 94.7%31,785,700$ Change in Fund Balance (250,000) 2,247,900 - Fund Balance January 1 22,749,110 22,749,110 24,997,010 Fund Balance December 31 (Projected)22,499,110$ 24,997,010$ 24,997,010$ City of Golden Valley General Fund Financial Status Report As of September 30, 2024 58 General Fund Summary - 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 35,000,000 2020 Actual 2021 Actual 2022 Actual 2023 Actual 2024 Projected General Fund Revenue & Expenditure with Change in Cash and Fund Balance 2020-2024 (projected) Expenditure Revenue Cash Fund Balance •The projected cash balance for year- end 2024 is $26.7 million, an increase of $1.6 million compared to year-end 2023 cash of $25.1 million •The projected fund balance for year- end 2024 is $25.0 million, an increase of $2.2 million compared to year-end 2023 59 Special Revenue Funds •Special revenue funds account for revenue that is restricted for use on specific activities. Fund balance is reported as restricted or committee for the intended use •There are two Special Revenue Funds in this Report: •Community Services Commission – accounts for the activity of the CSC with revenue from local gambling (pull tabs) and fundraisers. Expenditures of the fund go to local organizations that address human services needs. •Revenue and expenditures are both projected to exceed budgeted amounts, with ending fund balance projected to be $146,850. •Brookview Facility – accounts for the activity of the Brookview Facility with revenue from room rental and fees for use of the indoor play area with expenditures to support those functions •Revenue and expenditures are both projected to be under budgeted amounts, with ending fund balance projected to be $713,848. 60 Housing & Redevelopment Authority (HRA) •For 2024, the HRA will collect revenue from the property tax levy and a new source of funding in Local Affordable Housing Aid (LAHA). Expenditures include operations and the purchase of properties under the HOPE program. The operating statement to the left shows details. 2024 Budget 2024 YTD Actual 2024 Projected Variance to Budget Operating Revenue Taxes 284,880$ 143,679$ 280,750$ (4,130)$ State Aid - 68,548 137,096 137,096 Total Operating Revenue 284,880 212,227 417,846 132,966 Operating Expenses Personnel 189,980 96,706 146,206 43,774 Materials/Supplies 500 - 500 - HOPE Home Acquisition 315,000 270,000 270,000 Contractual Services 94,400 68,314 70,000 24,400 Total Operating Expenses 599,880 435,020 486,706 68,174 Operating Revenue Over/ (Under) Expense (315,000) (222,793) (68,860) 64,792 Change in Fund Balance (315,000)$ (222,793)$ (68,860)$ 64,792$ Fund Balance at January 1 423,238$ 423,238$ Fund Balance at December 31 108,238$ 354,378$ Housing and Redevelopment Authority Capital Project Fund Operating Statement Through September 30, 2024 61 Enterprise Funds •Enterprise funds operate as business-type activities. These funds sell products or services outside the organization and use the proceeds to support operations, capital investments, debt service and transfers. •There are five enterprise funds at the City – Utility (Water & Sewer), Storm Sewer, Recycling, Brookview Golf Course, and the Motor Vehicle fund. 62 Enterprise Funds •In the snapshot below, you can see the difference between projected operating gains and projected total change in cash position for the fund. •Total projected change in cash position includes all expected transfers, capital, and debt service payments. Fund Projected Operating Revenue Projected Operating Expense Projected Operating Gain/(Loss) Total Projected Change in Cash Position Utility 12,663,819$ 8,392,747 4,271,071 (2,648,904)$ Storm Sewer 3,300,000$ 1,157,195 2,142,805 (40,045)$ Recycling 1,131,693$ 1,074,804 56,889 (18,111)$ Brookview Golf Course 4,681,484$ 3,871,707 809,777 563,677$ Motor Vehicle 479,000$ 512,975 (33,975) (93,975)$ 63 City of Golden Valley Financial Status Report of Select Funds as of September 30, 2024 64 ExecuƟve Summary City of Golden Valley Interim Financial Report as of September 30, 2024 Overall, the City of Golden Valley is in a stable ﬁnancial posiƟon with planful spending and higher than expected revenue allowing the City to deliver services in a cost-effecƟve and efficient manner. Moderate growth is expected in the General Fund cash and fund balances while cash is projected to decrease slightly in the uƟlity enterprise funds including water, sewer, and storm water. This reﬂects planned capital spending and the use of stored reserves to ﬁnance capital projects. This report covers the ﬁnancial acƟvity of various funds of the City of Golden Valley through September 30, 2024. Once per year, aŌer a complete audit, the City issues official ﬁnancial statements Ɵtled the Annual Comprehensive Financial Report (ACFR). Unlike the formality of the fully audited annual report, this interim report is meant to provide a snapshot of the primary operaƟng funds of the city, comparing budgets to actual, and providing a projecƟon for year-end revenue and spending. The report contains a summary of ﬁnancial acƟvity for the General Fund, certain Special Revenue Funds, the HRA Capital Project fund, and the City’s Enterprise funds. Generally accepted accounƟng principles (GAAP) for governments as set forth by the Governmental AccounƟng Standards Board (GASB), require that different types of funds use different accounƟng measures. While these statements do not strictly adhere to full GAAP reporƟng, the ﬁnancial statements and analysis that follow use slightly different terms depending on the type of fund under discussion and the measurement focus of the accounƟng methodology we’re expected to use. For a complete lisƟng of the accounƟng principles used in our audited ﬁnancial reporƟng, please see Note 1 of the City’s ACFR. While the City looks forward to ongoing ﬁnancial stability with a new City Manager and several new department leaders starƟng in 2024, we remain aware of the external economic inﬂuences that impact all local governments. We expect to close out our American Rescue Plan act spending by the end of 2024 with investments in capital projects and operaƟonal revenue replacement. This is also the ﬁnal year of the City’s Pavement Management Program before switching to the Infrastructure Renewal Program (IRP) to maintain the city’s vital infrastructure assets. The 2025 Budget was proposed to Council in September of 2024 and looks to make investments in employee engagement and training, organizaƟonal and community strategic planning, and increased operaƟonal costs. 1 65 General Fund Analysis City of Golden Valley as of September 30, 2024 Overview The City’s general fund is used to account for all ﬁnancial acƟvity not required to be accounted for in another fund. The fund reports the proceeds of the general property tax levy as well as various fees, permits, and licenses. We account for the acƟvity of many operaƟng departments in the general fund including Police, Fire, City Manager, Legal and City Clerk, Finance, Community Development and several Public Works departments such as Building Maintenance, Park Maintenance, and Streets. Revenue The City’s property tax levy comprises approximately 88.4% of General Fund revenue. Taxes are received from Hennepin County in two payments throughout the year resulƟng in a spike in revenue in July and December. The remainder of revenues in the General Fund are Licenses, Permits, Fees for Public Works and Park and RecreaƟon services, and Investment Earnings. Through September 30, 2024, the General Fund collected approximately 58.5% of budgeted revenue compared to collecƟng 57.8% of budgeted revenue through the same period in 2023. We are currently projecƟng that the General Fund will collect 103.0% of budgeted revenue by year-end while total collecƟons in 2023 were 111.5% of budgeted revenue. The 2024 revenue is projected to exceed budget by a substanƟal margin in Permits where we’ve already collected nearly twice as much as budgeted. This will be slightly offset by lower than budgeted property tax collecƟons, consistent with recent historical collecƟon rates. Expenditure The departments in the General Fund operate under a budget adopted by the City Council. Approximately 60.0% of the expenditure budget in the General Fund is dedicated to personnel including salaries, insurance, and other beneﬁts. In addiƟon, 11.1% of the General Fund budget is for transfers to various funds to offset the cost of capital improvements and other acƟviƟes. The remaining 28.9% of the budget is for materials and supplies, contractual services, and charges from other City funds such as vehicle maintenance. Through September of 2024, departments in the General Fund have spent 65.6% of the cumulaƟve budget. By year-end, we’re projecƟng that approximately 94.7% of the budget will be spent as compared to 92.1% by year-end 2023. We’re projecƟng that nearly every department will ﬁnish the year under budget with the primary driver in most cases being personnel savings related to vacancies and the Ɵming of hiring staff. Cash and Fund Balance The General Fund cash balance as of December 31, 2023, was $25,155,107 and the cash balance as of September 30, 2024, is $24,289,033. Fund balance at the end of 2023 was $22,499,110 and fund balance is projected to end 2024 at $24,997,010 or 78.6% of the proposed 2025 expenditure budget. 2 66 Revenues2023 Budget2023 Year to Date2023 Year End Actual 2024 Budget2024 Year to Date2024 Year End ProjectedVariance to BudgetProjected Amount as a Percent of Budget2025 Proposed BudgetProperty Taxes 24,843,020$ 12,435,482$ 24,097,267$ 26,613,525$ 13,427,099$ 25,914,302$ (699,223)$ 97.4% 27,800,845$ Licenses 231,555 218,141 238,758 238,805 272,957 285,000 46,195 119.3% 253,925 Permits 988,650 2,083,957 3,024,263 1,363,650 2,574,023 2,850,000 1,486,350 209.0% 1,739,650 Grants and Fines 175,920 104,943 1,210,562 115,920 151,603 175,000 59,080 151.0% 143,280 Government Fees 10,815 14,959 13,265 10,815 31,424 35,000 24,185 323.6% 16,750 Public Safety35,700 35,277 48,348 36,550 30,385 38,500 1,950 105.3% 44,150 Public Works183,625 156,277 208,702 198,625 140,868 197,500 (1,125) 99.4% 207,300 Park and Recreation210,025 270,014 327,965 315,700 243,486 295,000 (20,700) 93.4% 323,700 Transfers In895,000 650,883 881,647 895,000 577,600 895,000 - 100.0% 895,000 Investment Earnings125,000 128 756,705 125,000 - 125,000 - 100.0% 164,000 Other Revenue169,900 138,194 269,353 197,100 166,194 195,000 (2,100) 98.9% 197,100 Total Revenue 27,869,210 16,108,256 31,076,834 30,110,690 17,615,638 31,005,302 894,612 103.0% 31,785,700 ExpendituresCity Council and Boards429,960 310,248 447,475 314,920 168,472 310,000 4,920 98.4% 324,325 City Manager1,693,715 1,059,116 1,450,002 436,740 524,249 435,000 1,740 99.6% 725,152 Police7,705,215 4,107,919 6,087,127 8,533,560 5,526,507 7,750,000 783,560 90.8% 2,506,743 Fire2,184,600 1,267,436 1,812,500 2,318,220 1,424,151 2,100,000 218,220 90.6% 8,021,047 Legal Services and City Clerk531,240 285,473 387,714 850,795 364,436 825,000 25,795 97.0% 1,023,060 Administrative Services1,306,395 984,129 1,481,514 2,461,185 1,351,482 2,425,000 36,185 98.5% 2,919,046 Communications- - - 462,695 278,991 450,000 12,695 97.3% 546,209 Building Maintenance872,100 711,674 908,327 992,560 612,299 875,000 117,560 88.2% 1,099,082 Park Maintenance1,536,370 1,226,509 1,713,577 1,744,915 1,209,634 1,725,000 19,915 98.9% 1,944,500 Streets2,808,670 2,168,089 2,760,347 2,893,675 1,953,104 2,775,000 118,675 95.9% 3,051,174 Community Development2,383,765 1,600,838 2,186,544 2,610,555 1,610,094 2,475,000 135,555 94.8% 2,985,946 Parks and Recreation1,453,140 972,503 1,241,464 1,528,070 872,609 1,395,000 133,070 91.3% 1,583,750 Finance1,394,040 1,043,544 1,328,134 1,457,800 1,199,054 1,441,400 16,400 98.9% 1,230,666 Insurance370,000 262,790 341,320 380,000 298,043 401,002 (21,002) 105.5% 400,000 Contingencies- - - - - - - 0.0% 150,000 Transfers Out3,200,000 3,200,000 3,515,000 3,375,000 2,531,250 3,375,000 - 100.0% 3,275,000 Total Expenditures 27,869,210$ 19,200,268$ 25,661,043$ 30,360,690$ 19,924,374$ 28,757,402$ 1,603,288$ 94.7% 31,785,700$ Change in Fund Balance(250,000) 2,247,900 - Fund Balance January 122,749,110 22,749,110 24,997,010 Fund Balance December 31 (Projected) 22,499,110$ 24,997,010$ 24,997,010$ As of September 30, 2024Financial Status ReportGeneral FundCity of Golden Valley3 67 2024 Budget 2024 YTD Actual 2024 Projected Variance to Budget Operating Revenue Pull Tabs 35,000$ 25,568$ 32,750$ (2,250)$ Fundraisers 11,000 12,936 12,936 1,936 Interest on Investments 400 - 2,000 1,600 Total Operating Revenue 46,400 38,504 47,686 1,286 Operating Expenses Supplies 11,000 3,593 11,000 - Allocations 40,000 52,250 52,250 (12,250) Total Operating Expenses 51,000 55,843 63,250 (12,250) Change in Fund Balance (4,600)$ (17,339)$ (15,564)$ 13,536$ Fund Balance at January 1 162,414$ 162,414$ Fund Balance at December 31 157,814$ 146,850$ Community Services Commission Special Revenue Fund Operating Statement Through September 30, 2024 Status Summary This fund is used to account for the activity of the Community Services Commission (CSC). Revenue comes from pull tabs from four business around Golden Valley as well as fundraising efforts throughout the year. The CSC meets regularly and decides how to allocate resources to support organizations and programs that address human services needs within the City. As of September 30, 2024, the CSC has received $25,568 in pull tab revenue or approximately 73.1% of the budgeted amount of $35,000. In addition, the CSC has received more fundraising revenue than budgeted, collecting $12,936 or $1,936 more than the budgeted amount of $11,000. Through September 30, 2024, the CSC spent $52,250 to support various organizations throughout Golden Valley. There are no more expected allocation payments to other organizations for the remainder of 2024. 4 68 2024 Budget 2024 YTD Actual 2024 Projected Variance to Budget Operating Revenue Banquet Facilities 271,000$ 206,224$ 300,124$ (29,124)$ Catering Rental 18,000 15,743 23,243 (5,243) Backyard Indoor Play Area 266,500 185,731 188,759 77,741 Total Operating Revenue 555,500 407,698 512,126 43,374 Operating Expenditures General Area Rooms 432,700 312,794 384,867 47,833 Indoor Play Area 65,570 48,219 59,120 6,450 Total Operating Expenditures 498,270 361,013 443,987 54,283 Operating Revenue Over/ (Under) Expense 57,230 46,685 68,139 (10,909) Non-Operating Revenue (Expenses) Capital 285,000 22,580 50,000 235,000 Change in Fund Balance (227,770)$ 24,105$ 18,139$ (245,909)$ Fund Balance at January 1 695,709$ 695,709$ Fund Balance at December 31 467,939$ 713,848$ Brookview Special Revenue Fund Operating Statement Through September 30, 2024 Status Summary The Brookview Special Revenue Fund is used to account for the revenues and expenditures at the Brookview Community Center facility. The primary sources of revenue are room rental for events and proceeds from fees for the use of the indoor play area. Primary expenditures consist of personnel, materials, and contractual services needed to maintain and support the rental rooms and indoor play area. There is also a capital plan to assist with maintenance of the facility. Through September 30, 2024, Brookview Community Center collected a total of $407,698 in revenue. This represents approximately 73.4% of budgeted revenue for the year. Current projections show revenue finishing the year under budget as a result of lower than budgeted revenue from room rental and catering services. As of September 30, 2024, Brookview Community Center spent a total of $361,013.The total spending is approximately 72.5% of the budgeted amount of $498,270. Capital spending through September 30 was $22,580, only 7.9% of the budgeted amount of $285,000. 5 69 2024 Budget 2024 YTD Actual 2024 Projected Variance to Budget Operating Revenue Taxes 284,880$ 143,679$ 280,750$ (4,130)$ State Aid - 68,548 137,096 137,096 Total Operating Revenue 284,880 212,227 417,846 132,966 Operating Expenses Personnel 189,980 96,706 146,206 43,774 Materials/Supplies 500 - 500 - HOPE Home Acquisition 315,000 270,000 270,000 Contractual Services 94,400 68,314 70,000 24,400 Total Operating Expenses 599,880 435,020 486,706 68,174 Operating Revenue Over/ (Under) Expense (315,000) (222,793) (68,860) 64,792 Change in Fund Balance (315,000)$ (222,793)$ (68,860)$ 64,792$ Fund Balance at January 1 423,238$ 423,238$ Fund Balance at December 31 108,238$ 354,378$ Housing and Redevelopment Authority Capital Project Fund Operating Statement Through September 30, 2024 Status Summary The Housing and Redevelopment Authority (HRA) Capital Project Fund serves as the main operating fund of the HRA. Within this fund, we deposit the proceeds of the HRA tax levy and the new for 2024 Local Affordable Housing Aid (LAHA) from the State of Minnesota. The HRA pays for personnel, materials, and other operational needs from this fund as well. Through the first three quarters of 2024, the HRA Capital Project Fund collected $212,227 in revenue, with $143,679 from the first-half tax settlement and $68,548 from the first-half LAHA payment. The LAHA revenue was not budgeted for 2024, so total revenue is projected to exceed budget by $132,966 because of that. As of September 30, 2024, the HRA fund had spent $435,020 including $270,000 for the acquisition of three properties as part of the HOPE program. The funding for these purchases was a transfer from the City's General Fund completed at the end of 2023. The HRA levies taxes to support operations. For 2025, the proposed levy for the HRA is $319,181 to fund ongoing activity related to economic and housing development. 6 70 2024 Budget 2024 YTD Actual 2024 Projected Variance to Budget Operating Revenue Charges for Services 10,675,625$ 8,155,364$ 10,873,819$ 198,194$ Grants 750,000 71,415 100,000 (650,000) Investment Earnings 100,000 - 100,000 - Other Miscellaneous 1,558,000 24,067 1,590,000 32,000 Total Operating Revenue 13,083,625 8,250,846 12,663,819 (419,806) Operating Expenses Personnel 1,878,925 1,047,861 1,450,000 428,925 Materials/Supplies 323,625 177,061 320,000 3,625 Contractual Services 1,250,850 331,125 1,250,000 850 Water & Sewer Services for Resale 6,030,525 4,127,169 5,227,747 802,778 Vehicle Maintenance Charges 147,775 99,440 145,000 2,775 Total Operating Expenses 9,631,700 5,782,656 8,392,747 1,238,953 Operating Revenue Over/ (Under) Expense 3,451,925 2,468,190 4,271,071 (1,658,759) Non-Operating Revenue (Expenses) Debt Service (369,975) - (369,975) - Capital (8,510,000) (2,606,443) (6,250,000) 2,260,000 Transfers (300,000) (225,000) (300,000) - Total Nonoperating Revenue (Expense)(9,179,975) (2,831,443) (6,919,975) 2,260,000 Change in Cash Position (5,728,050)$ (363,253)$ (2,648,904)$ 601,241$ Water and Sewer Utility Enterprise Fund Financial Status Report Through September 30, 2024 Status Summary The Water and Sewer Utility fund is used to account for the operational and capital activity of the City's water and sewer utility services. The fund has outstanding debt related to capital improvements and uses the revenues from charges to utility customers to fund payments on that debt. The fund also transfers $300,000 to the City's General Fund for various services provided by General Fund Departments. As of third quarter 2024, the Water and Sewer Utility fund collected revenue in the amount of $8,250,846 or 63.1% of the budgeted amount of $13,083,625. Charges for services to utility customers is at 76.4% of the budgeted amount, but both grants and other revenues are less than expected through September 30. The grants revenue will vary from year to year based on what is available, and the other revenue includes $1,500,000 of franchise fees that are allocated at year end. The fund has spent $5,782,656 of operating expenses or 60.0% of the budgeted amount of $9,631,700. In addition the fund has spent $2,606,443 or 30.6% of the budgeted capital budget and $225,000 or 75.0% of the budgeted transfers. By year end, it's projected that the fund will be under budget in operations by $1,238,953 and under budget on capital by $2,260,000. 7 71 2024 Budget 2024 YTD Actual 2024 Projected Variance to Budget Operating Revenue Charges for Services 3,345,000$ 2,133,735$ 2,950,000$ (395,000)$ Grants 2,584,000 - - (2,584,000) Investment Earnings 282,025 - 285,000 2,975 Other Miscellaneous 60,500 - 65,000 4,500 Total Operating Revenue 6,271,525 2,133,735 3,300,000 (2,971,525) Operating Expenses Personnel 721,640 419,078 575,000 146,640 Materials/Supplies 62,860 57,926 62,860 - Contractual Services 496,855 77,592 425,000 71,855 Vehicle Maintenance Charges 94,335 73,881 94,335 - Total Operating Expenses 1,375,690 628,477 1,157,195 218,495 Operating Revenue Over/ (Under) Expense 4,895,835 1,505,258 2,142,805 (3,190,020) Non-Operating Revenue (Expenses) Debt Service (182,850) (156,850) (182,850) - Capital (7,094,000) (158,334) (1,750,000) 5,344,000 Transfers (250,000) (187,500) (250,000) - Total Nonoperating Revenue (Expense)(7,526,850) (502,684) (2,182,850) 5,344,000 Change in Cash Position (2,631,015)$ 1,002,574$ (40,045)$ 2,153,980$ Storm Sewer Utility Enterprise Fund Financial Status Report Through September 30, 2024 Status Summary The Storm Water Utility Enterprise funds accounts for the operation and capital activities of the City's storm water system. The fund collects revenue through the utility bills to residential and commercial customers as well as various grants that may be available for use in storm water systems. Through September 30th, 2024, the fund has collected $2,133,735 from charges to utility customers and no other revenue. It is projected that year-end revenue will be less than budgeted unless any substantial grants are received prior to year-end. The fund has spent approximately 45.7% or $628,477 of the operating budget of $1,375,690 and is projected to finish the year under budget. In total, the operating activity of the fund is projected to result in an operating gain of $2,142,805. In addition to operations, the fund will complete its debt service obligations and transfers to the General Fund. As of this report, the fund is not projected to spend a significant amount of the capital budget. 8 72 2024 Budget 2024 YTD Actual 2024 Projected Variance to Budget Operating Revenue Charges for Services 1,123,980$ 694,365$ 1,050,000$ (73,980)$ Grants 40,000 44,602 44,602 4,602 Investment Earnings 10,000 - 25,000 15,000 Other Miscellaneous 13,000 12,091 12,091 (909) Total Operating Revenue 1,186,980 751,058 1,131,693 (55,287) Operating Expenses Materials/Supplies 11,500 1,983 7,500 4,000 Contractual Services 1,145,600 800,478 1,067,304 78,296 Total Operating Expenses 1,157,100 802,461 1,074,804 82,296 Operating Revenue Over/ (Under) Expense 29,880 (51,403) 56,889 (137,583) Non-Operating Revenue (Expenses) Transfers (75,000) (56,250) (75,000) - Total Nonoperating Revenue (Expense)(75,000) (56,250) (75,000) - Change in Cash Position (45,120)$ (107,653)$ (18,111)$ (137,583)$ Recycling Enterprise Fund Financial Status Report Through September 30, 2024 Status Summary The Recycling Utility fund accounts for the City's curbside recycling and organics collection services. The City contracts for both services and charges users a fee on their regular utility bill. The fund also transfers $75,000 to the City's General Fund to offset the cost of program administration. Through third quarter, the fund has collected $751,058 in revenue from users, grants, and other miscellaneous sources. This represents approximately 63.3% of the budgeted amount of $1,186,980. The projected revenue for year end is less than budgeted as a result of collecting less revenue from customers than budgeted. The rate of charges and participating users varies from year to year which can result in over and under collections in any given year. The fund has spent $802,461 through September 30 which is 69.4% of the budgeted amount of $1,157,100. Nearly of that spending was on the contract for recycling and other services as mentioned above. The Fund is projected to complete the budgeted transfer by year end as well. 9 73 2024 Budget 2024 YTD Actual 2024 Projected Over/(Under) Budget - Projected Operating Revenue Golf Course 1,755,000$ 1,777,666$ 1,961,518$ 206,518$ Golf Pro Shop 490,000 467,844 492,576 2,576 316 Grill 2,700,000 1,902,781 2,109,891 (590,109) Lawn Bowling/Other 155,000 115,894 117,499 (37,501) Total Operating Revenue 5,100,000 4,264,184 4,681,484 (418,516) Operating Expenses Golf Course 1,834,225 1,391,056 1,802,878 31,347 Golf Pro Shop 187,120 213,192 248,947 (61,827) 316 Grill 2,031,345 1,415,388 1,784,588 246,757 Lawn Bowling/Other 35,835 24,436 35,294 541 Total Operating Expenses 4,088,525 3,044,072 3,871,707 216,818 Operating Revenue Over/ (Under) Expense 1,011,475 1,220,112 809,777 (635,334) Non-Operating Revenue (Expenses) Debt Service (111,100) - (111,100) - Capital (175,000) (9,744) (50,000) (125,000) Transfers (85,000) (63,750) (85,000) - Total Nonoperating Revenue (Expense)(371,100) (73,494) (246,100) (125,000) Change in Cash Position 640,375$ 1,146,618$ 563,677$ (760,334)$ Brookview Golf Course and 316 Grill Enterprise Fund Financial Status Report Through September 30, 2024 Status Summary The Brookview Golf Course and 316 Grill Enterprise fund accounts for all business-type activities that take place at the Brookview property related to golf, restaurant, pro shop, and other recreational activities. The fund also pays debt service on an inter-fund borrowing related to the irrigation system project and manages capital projects. In addition, the fund transfers $85,000 to the City's General Fund in 2024. As of September 30, 2024 the fund has collected $4,264,184 or 83.6% of the budgeted revenue amount. The fund is projected that revenue will fall below the budgeted amount by year end, finishing with 91.8% of the budgeted amount. The funds various business operations have spent a total of $3,044,072 or 74.5% of the budgeted amount of $4,088,525 through third quarter. By year end, the fund is projected to be $216,818 under budget for operating expenses, primarily in the 316 Grill department. The fund is expected to complete the debt service and transfer amounts by year end. 10 74 2024 Budget 2024 YTD Actual 2024 Projected Variance to Budget Operating Revenue Charges for Services 472,325$ 375,000$ 465,000$ (7,325)$ Investment Earnings 7,500 - 12,500 5,000 Other Miscellaneous 1,500 1,250 1,500 - Total Operating Revenue 481,325 376,250 479,000 (2,325) Operating Expenses Personnel 516,900 359,044 478,725 38,175 Materials/Supplies 2,000 1,247 2,000 - Contractual Services 37,690 25,196 32,250 5,440 Total Operating Expenses 556,590 385,487 512,975 43,615 Operating Revenue Over/ (Under) Expense (75,265) (9,237) (33,975) (45,940) Non-Operating Revenue (Expenses) Transfers (60,000) (45,000) (60,000) - Total Nonoperating Revenue (Expense)(60,000) (45,000) (60,000) - Change in Cash Position (135,265)$ (54,237)$ (93,975)$ (45,940)$ Department of Motor Vehicles Enterprise Fund Financial Status Report Through September 30, 2024 Status Summary The Department of Motor Vehicles Enterprise fund operates a deputy registrar office to issue registration and licensing of motor vehicles and recreational crafts as well as issuing hunting and fishing licenses. The rates for most services are set by the State of Minnesota and the DMV remits a majority of registration fees to the State while maintaining a portion to offset costs. The fund also transfers $60,000 to the General Fund to offset costs of supporting the DMV. Through September, 30, the revenue generated is approximately $376,250 which is 78.2% of the budgeted amount of $481,325. The fund has also spent approximately 69.3% or $385,487 of the $556,590 operating budget through third quarter. ff 11 75 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 3, 2024 Agenda Item 3E. Adopt Resolution No. 24-072 Granting City Council Consent for Housing and Redevelopment Authority (HRA) Levy Payable in 2025 Prepared By Lyle Hodges, Finance Director Summary Earlier tonight, the HRA considered a 2025-2026 proposed budget and levy payable in 2025. If the HRA approved the resolution, the City should consider Resolution No. 24-072 Granting City Council consent for the Housing and Redevelopment Authority levy payable in 2025. Financial or Budget Considerations The proposed HRA levy on the 2025 Proposed Property Tax statement is under Other Special Taxing District. Through this process the city will levy $319,181 for the HRA Housing Program. Legal Considerations MN Statutes and MN Department of Revenue set laws and rules on how the budget hearing and submittal for the levy is handled. Equity Considerations The proposed budget strives to advance the equity goals of the City by funding infrastructure, programs, and services that provide opportunities and resources for all. The process for adoption includes the ability for any member of the public to provide feedback. Recommended Action Earlier tonight, the HRA considered a 2025-2026 proposed budget and levy payable in 2025. If the HRA approved the Resolution, the City should consider a motion to adopt Resolution No. 24-072 Granting City Council Consent for a Housing and Redevelopment Authority levy payable in 2025 for $319,181. Supporting Documents Resolution Consenting to the 2025 Final HRA Levy 76 RESOLUTION NO. 24-072 RESOLUTION CONSENTING TO THE 2025 PROPOSED HOUSING AND REDEVELOPMENT LEVY WHEREAS,The Golden Valley Housing and Redevelopment Authority (the “HRA”) has authorities and powers according to MN Statutes, Section 469.033, subd. 6 provides that subject to the consent by the resolution of the governing body of the city in and for which it was created, an authority may levy upon all taxable property within the city for housing and redevelopment purposes; and WHEREAS,The HRA is requesting the City of Golden Valley to approve a consent for the levy to fund the HRA Housing Program for the year payable 2025; and WHEREAS,The City Council discussed the HRA levy and budget on September 17, 2024; and WHEREAS,The HRA levy is $319,181. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that it approves and consents to certification of a 2025 tax levy in the amount of $319,181 for housing and redevelopment purposes of the HRA. Adopted by the City Council of Golden Valley, Minnesota this 3rd day of December, 2024. Roslyn Harmon, Mayor ATTEST: Theresa Schyma, City Clerk 77 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 3, 2024 Agenda Item 3F. Approve Resolution No. 24-073 Approving the 2025-2034 Capital Improvement Plan Prepared By Lyle Hodges, Finance Director Summary The 2025-2034 Capital Improvement Plan (CIP) was reviewed by the City Council at the work session on September 10th, 2024. The plan lays out projected investments in capital assets and infrastructure for the next 10 years. Financial or Budget Considerations The supporting documents are projects planned for the next 10 years. The projects projected for 2025 are included in the 2025 budget document. Legal Considerations The Capital Improvement Plan needs to be approved by resolution. Equity Considerations The proposed budget strives to advance the equity goals of the City by funding infrastructure, programs, and services that provide opportunities and resources for all. The process for adoption includes the ability for any member of the public to provide feedback. Recommended Action Motion to approve Resolution No. 24-073 adopting the 2025-2034 Capital Improvement Plan. Supporting Documents Resolution No. 24-073 - Adopting 2025-2034 CIP Attachment A - Projects by Category 78 RESOLUTION NO. 24-073 RESOLUTION APPROVING 2025-2034 CAPITAL IMPROVEMENT PROGRAM WHEREAS,the City Council has reviewed the proposed 2025-2034 Capital Improvement Program at the September 10, 2024 Council work session; and WHEREAS,financing for projects outlined in the 2025-2034 Capital Improvement Program will be reviewed each year and provided for by current approved budget or specifically identified in the financing section in this document: ATTACHMENT A: 2025-2034 Projects by Department. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Golden Valley hereby approves the 2025-2034 Capital Improvement Program. Adopted by the City Council on this 3rd day of December, 2024. Roslyn Harmon, Mayor ATTEST: Theresa J. Schyma, City Clerk 79 Description (Department, Unit #) Project #2025 2026 2027 2028 2029 2030 2031 2032 2033 2034Total 2,003,705$ 1,690,705$ 1,461,705$ 2,216,705$ 1,006,705$ 1,076,705$ 2,156,705$ 2,719,205$ 1,246,705$ 2,951,705$ Marked Squad Cars (Police) V&E-001 135,000 135,000 135,000 135,000 150,000 150,000 150,000 150,000 150,000 165,000 Computers & Printers (IT) V&E-002 95,000 95,000 95,000 95,000 95,000 95,000 95,000 95,000 95,000 125,000 Marked Pickup Truck (Police, 802) V&E-003 45,000 45,000 45,000 Speed Trailer (Police, ) V&E-004 15,000 Phone System (IT) V&E-005100,000 Pickup Truck (Engineering, 233) V&E-00850,000 Speed Trailer (Police, ) V&E-01020,000 Passenger Vehicle (Fire, 360) V&E-011 45,000 50,000 Portable Computers (Police) V&E-020 50,000 50,000 Sign Truck (Streets, 723) V&E-022 175,000 Unmarked Police Vehicle (Police, 840-21) V&E-02450,000 Dump Truck (Park, 425) V&E-029100,000 Mower (Park, 463) V&E-030165,000 Single Axle Dump Truck (Streets, 712) V&E-032 300,000 LPR Cameras (Police, ) V&E-033 75,000 75,000 Passenger Vehicle (Police, 851) V&E-03450,000 Fire Pumper (Fire, 353) V&E-0361,000,000 Van (Park & Rec, 157) V&E-042 40,000 Pickup Truck (Engineering, 235) V&E-04455,000 Rescue Vehicle (Fire, 359) V&E-045200,000 Rescue Vehicle (Fire, 347) V&E-045 200,000 Utility Pickup Truck (Park, 487) V&E-04785,000 Mower (Park, 485) V&E-04850,000 Ashpalt Cold Planer (Streets, 784) V&E-052 35,000 Extrication Tools (Fire) V&E-061 100,000 Pickup Truck (Street, 730) V&E-06385,000 Tractor (401) V&E-069125,000 Single Axle Dump Truck (Streets, 703) V&E-070300,000 Pickup Truck (Engineering, 230) V&E-07250,000 Aerial Bucket Truck (400) V&E-078350,000 Self Contained Breathing Appurtenances (Fire) V&E-084800,000 Utility Vehicle (Park, 486) V&E-089 65,000 65,000 Asphalt Hot Box (Streets, 711) V&E-099 35,000 Utility Pickup Truck (Park, 431) V&E-100100,000 Pickup Truck (Fire, 300) V&E-102 50,000 Walk-Behind Saw (Streets, 792) V&E-103 30,000 Camera Trailer (Police) V&E-104 20,000 Utility Vehicle (Park, 460) V&E-107 65,000 65,000 Utility Vehicle (Street, 761) V&E-116 65,000 65,000 Sidewalk Machine (Street, 775) V&E-118230,000 Tasers (Police) V&E-12125,000 800 MHz Portable Radios (Fire) V&E-127 250,000 800 MHz Mobile Radios (Fire) V&E-127 125,000 City of Golden Valley 2025-2034 Capital Improvement Plan Project Details2025-2034 Vehicle and Equipment Capital Improvement Plan80 City of Golden Valley 2025-2034 Capital Improvement Plan Project DetailsDescription (Department, Unit #) Project #2025 2026 2027 2028 2029 2030 2031 2032 2033 2034800 MHz Portable Radios (Police) V&E-129 250,000 800 MHz Mobile Radios (Police) V&E-129 175,000 Thermal Imaging Cameras (Fire) V&E-132 75,000 800 MHz Radios (Public Works) V&E-133 100,000 Body Cameras (Police) V&E-135 41,705 41,705 41,705 41,705 41,705 41,705 41,705 41,705 41,705 41,705 Zodiac Boat (Fire, 329) V&E-136 7,500 Outboard Motor (Fire, 352) V&E-137 7,500 Passenger Vehicle (Fire, 301) V&E-138 45,000 50,000 Passenger Vehicle (Fire, 302) V&E-139 45,000 50,000 Pickup Truck (Park, 430) V&E-141 50,000 Hook Truck (Park, 424) V&E-142100,000 Trash Compactor (Park, 464) V&E-143125,000 Skid Steer Loader (Street, 762) V&E-145 70,000 70,000 Hook Truck (Street, 724) V&E-146100,000 Police Commander Vehicle (Police, 841) V&E-14750,000 Asset Management Software Upgrade V&E-150 150,000 Passenger Vehicle (Fire, 356) V&E-152 45,000 50,000 Message Board/Radar Trailer (Police, 817) V&E-154 30,000 Trailer (Streets, 754) V&E-155 10,000 Police Chief Vehicle (Police, 831) V&E-15850,000 Salt Brine Production Equipment (Streets) V&E-15965,000 Physical Development Plotter V&E-160 50,000 Pickup Truck (Engineering, 237) V&E-162 50,000 Pickup Truck (Engineering, 238) V&E-163 45,000 Trailer (Fire, 345) V&E-164 75,000 Fire Pumper (Fire, 349) V&E-165 1,000,000 Pickup Truck (Fire, 357) V&E-16655,000 Utility Pickup Truck (Parks, 403) V&E-167 100,000 Mower (Parks, 407) V&E-168 25,000 Spreader-Sprayer (Parks, 408) V&E-169 25,000 Pickup Truck (Park, 489) V&E-17050,000 Trailer (Parks, 490) V&E-171 7,500 Trailer (Parks, 491) V&E-172 7,500 Mower/Broom Machine (Parks, 493) V&E-173125,000 Utility Pickup Truck (Parks, 494) V&E-174100,000 Mower (Parks, 496) V&E-175175,000 Utility Pickup Truck (Parks, 497) V&E-176 85,000 Utility Vehicle (Parks, 498) V&E-177 65,000 65,000 Mower (Parks, 499) V&E-178 165,000 Field Line Painter (Parks, 404) V&E-179 25,000 Hook Truck (Streets, 701) V&E-180125,000 2025-2034 Vehicle and Equipment Capital Improvement Plan81 City of Golden Valley 2025-2034 Capital Improvement Plan Project DetailsDescription (Department, Unit #) Project #2025 2026 2027 2028 2029 2030 2031 2032 2033 2034Trailer (Streets, 702) V&E-181 15,000 Pickup Truck (Streets, 704) V&E-182 45,000 Sidewalk Machine (Streets, 705) V&E-183 230,000 Oil Distributor (Streets, 710) V&E-185 75,000 Trailer (Streets, 781) V&E-186Wheel Loader (Streets, 794) V&E-187 300,000 Tandem Axle Dump Truck (Streets, 795) V&E-188 315,000 Single Axle Hook Truck (Streets, 798) V&E-189 325,000 Sidewalk Machine (Streets, 799) V&E-190 215,000 Trailer (Police, 803) V&E-191 10,000 Unmarked Police Vehicle (Police, 827) V&E-19250,000 Unmarked Police Vehicle (Police, 828) V&E-19350,000 Unmarked Police Vehicle (Police, 832) V&E-194 45,000 Unmarked Pickup Truck (Police, 833) V&E-195 45,000 50,000 Marked Pickup Truck (Police, 801) V&E-196 50,000 50,000 Single Axle Dump Truck (Streets, 707) V&E-201 300,000 Tandem Axle Dump Truck (Streets, 719) V&E-202325,000 SCBA Air Compressor (Fire) V&E-204100,000 Wheel Loader (Parks, 402) V&E-205200,000 Asphalt Roller (Streets, 714) V&E-20650,000 Snow Blower (Streets, 715) V&E-207125,000 Tandem Axle Hook Truck (Streets, 708) V&E-208325,000 Tandem Axle Trailer (Police, 840) V&E-2097,500 Trailer (Vehicle Maintenance, 907) V&E-21015,000 Skid Steer Loader (Streets, 763) V&E-211 70,000 70,000 Passenger Vehicle (Fire) V&E-213 50,000 55,000 Pickup Truck (Streets, 731) V&E-21550,000 Asphalt Wheel Saw (Streets, 706) V&E-25025,000 Single Axle Dump Truck (Streets, 713) V&E-251300,000 Rescue Vehicle (Fire, 361) V&E-260200,000 A/V Maintenance V&E-259 39,000 39,000 New Devices for Fire Vehicles V&E-261 95,000 Servers (IT) V&E-262 123,000 Tandem Axle Hook Truck (Streets, 716) V&E-263325,000 Scissor Lift (Public Works, 461) V&E-26420,000 Fire Pumper (Fire, 363) - Refurbish? V&E-265400,000 ATV (Fire, 370) V&E-26625,000 Air Compressor (601) V&E-267 50,000 2025-2034 Vehicle and Equipment Capital Improvement Plan82 City of Golden Valley 2025-2034 Capital Improvement Plan Project DetailsDescription (Department, Unit #) Project #2025 2026 2027 2028 2029 2030 2031 2032 2033 2034Total 440,000$ 455,000$ 835,000$ 475,000$ 345,000$ 380,000$ 440,000$ 655,000$ 370,000$ 390,000$ Bleacher, Soccer Goal, Team Bench & Picnic Tables P-001 20,000 - 20,000 - 30,000 - 20,000 30,000 - Park Trail and Parking Lot Improvement P-002 15,000 30,000 20,000 20,000 20,000 60,000 10,000 30,000 20,000 30,000 Play Structure Replacement P-003 90,000 90,000 90,000 90,000 90,000 95,000 375,000 95,000 95,000 190,000 Outdoor Hard Surface Replacement P-015 15,000 25,000 20,000 20,000 20,000 30,000 10,000 25,000 10,000 20,000 Park Signage Replacement P-016 - - - - - - - - - - Sun Shelter Replacements and AddiƟons/Relocate P-017 40,000 40,000 40,000 40,000 40,000 40,000 80,000 40,000 45,000 Tennis & Pickleball Court Improvement P-018 65,000 20,000 30,000 30,000 Tennis & Pickleball Court Construction P-020 275,000 275,000 Community Gardens P-02550,000 Off-Leash Pet Exercise Area P-026 150,000 Dugout, Fence and Ball/Soccer Field P-027 45,000 30,000 30,000 30,000 40,000 70,000 25,000 50,000 50,000 Scoreboard Updates/Replacement P-028 25,000 25,000 Sand Volleyball Courts P-032 10,000 10,000 Nature/Open Space Restoration P-034 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 Park LED Light Replacements P-037 40,000 80,000 25,000 30,000 80,000 60,000 60,000 50,000 30,000 Outdoor Hockey Rink Replacement P-039 85,000 85,000 85,000 ArƟﬁcial Turf Replacement -TRPD Partnership P-041 15,000 Strategic Park Plan P-042 40,000 160,000 Description (Department, Unit #) Project #2025 2026 2027 2028 2029 2030 2031 2032 2033 2034Total 4,705,000$ 75,255,000$ 380,000$ 335,000$ 380,000$ 45,330,000$ 30,000$ 30,000$ 30,000$ 30,000$ East Fire Station EFS-001 3,400,000 14,300,000 Land for Public Works Building PWPS-01 15,000,000 Public Works Facility PWPS-02 45,000,000 Public Safety Building PWPS-0345,000,000 Generators B-012 55,000 100,000 50,000 Installation of Building Security Systems B-027 50,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 10th Avenue Storage Building: Insulate and Heat B-046 375,000 10th Avenue Storage Yard B-048 125,000 100,000 Park Shelters ADA and Other Building Improvements B-049 250,000 250,000 250,000 250,000 250,000 250,000 Furnaces - Various Buildings B-052 30,000 Skylight Restorations B-056 100,000 City Hall Enclosure Canopy B-057 50,000 Solar Arrays for Brookview B-058 600,000 DMV Remodel B-059 200,000 Door Security Replacement B-060 200,000 2025-2034 Parks Improvement Plan 2025-2034 Buildings Capital Improvement Plan83 City of Golden Valley 2025-2034 Capital Improvement Plan Project DetailsDescription (Department, Unit #) Project #2025 2026 2027 2028 2029 2030 2031 2032 2033 2034Cable Equipment Replacement C-001 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 Description (Department, Unit #)Project #2025 2026 2027 2028 2029 2030 2031 2032 2033 2034Total 215,000$ 2,665,000$ 2,165,000$ 180,000$ 180,000$ 190,000$ 165,000$ 165,000$ 165,000$ 180,000$ Golf Carts GC-009 500,000 Grinders Reel and Bedknife GC-011 55,000 Golf Course Infrastructure GC-041 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 Restaurant Operations GC-048 10,000 15,000 15,000 15,000 15,000 40,000 15,000 15,000 15,000 15,000 Golf Business Operations GC-049 15,000 15,000 15,000 Golf Maintenance Equipment GC-050 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 Cart Storage/Range Building GC-052 2,000,000 2,000,000 Description (Department, Unit #)Project #2025 2026 2027 2028 2029 2030 2031 2032 2033 2034Total 856,500$ 2,573,000$ 3,808,500$ 3,725,000$ 600,000$ 175,000$ 50,000$ 375,000$ 50,000$ 75,000$ Bassett Creek Regional Trail SS-60V-Box Sander Single Axle (512) SS-63 75,000 Brine Making Equipment (50%) SS-6475,000 Toledo Avenue Flood Mitigation ProjectSS-65 75,000 1,750,000 1,750,000 Bassett Creek Restoration Project - Regent to GVRd SS-67 634,000 953,000 653,500 Smithco Turf Sweeper (506) SS-68 40,000 Study Flood Risk in Localized Flood-prone Areas SS-70 125,000 125,000 125,000 300,000 Inspect and Maintain Large Diameter Storm Sewers SS-71 750,000 750,000 Zenith Avenue Reconstruction SS-72 650,000 Compact Excavator (513) SS-73125,000 Bassett Creek Restoration in Brookview Golf Course SS-74Water Quality Pond and Stream Restoration SS-75 50,000 300,000 50,000 50,000 300,000 50,000 50,000 300,000 50,000 50,000 Laurel Greenbelt Culvert Replacement SS-76 750,000 Sochacki Park Water Quality Improvement SS-77 80,000 80,000 80,000 Sweeney Branch Culvert Repair/Replacement SS-78 250,000 400,000 400,000 Tandem Axle Anti-Ice Tank (XXX) SS-7925,000 Hydro-Seeder SS-80 17,500 Project Project # 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034Total 4,235,000$ 2,170,000$ 4,790,000$ 4,000,000$ 4,625,000$ 4,195,000$ 4,375,000$ 4,475,000$ 4,975,000$ 5,145,000$ Infrastructure Renewal Plan W&SS-002 3,100,000 3,100,000 3,100,000 3,100,000 3,100,000 3,100,000 3,100,000 3,100,000 F550 Hook Truck (690) W&SS-004125,000 Schaper Lift Station Replacement W&SS-008 150,000 F150 Crew Cab Pickup (630) W&SS-01145,000 Sewer Jet Truck W&SS-012 300,000 2025-2034 Brookview Golf Improvement Plan 2025-2034 Storm Sewer Improvement Plan2025-2034 Water and Sanitary Sewer Capital Improvement Plan 2025-2034 Cablecasting Capital Improvement Plan84 City of Golden Valley 2025-2034 Capital Improvement Plan Project DetailsProject Project # 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034F550 Utility Truck (604) W&SS-014125,000 F350 Utility Truck (600) W&SS-01575,000 Transit Connect (612) W&SS-028 45,000 Utility Truck (607) W&SS-037115,000 Multiquip Portable Generator (692) W&SS-041 25,000 Mill and Overlay Sewer/Water Repairs W&SS-051 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 Portable Generator (689) W&SS-052 5,000 Televising Equipment W&SS-053 250,000 Trailer (611) W&SS-05410,000 Structure and Pipe Inspection Pole Camera (698) W&SS-055 25,000 Excavator (614) W&SS-056300,000 Valve Replacement & Lining (Future Overlay) W&SS-066 200,000 200,000 200,000 200,000 200,000 250,000 250,000 250,000 250,000 250,000 I-394 Inflow/Infiltration Project W&SS-074 275,000 275,000 275,000 275,000 Sewer Flow Meters W&SS-076 70,000 Sanitary Sewer Lining I/I Reduction W&SS-078 250,000 250,000 250,000 250,000 250,000 300,000 300,000 300,000 300,000 300,000 Asset Management Equipment W&SS-08040,000 800 Mhz Radios (8) W&SS-081 40,000 T.H. 55 Lift Station Relocation W&SS-083 250,000 Almond Portable Gen/Light Plant Trailer (687) W&SS-084 50,000 Trenchless Request for Information W&SS-086 100,000 Complete Water Meter Replacement (2030) W&SS-087 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 3" Pump (694) W&SS-088 5,000 4" Pump (695) W&SS-089 5,000 6" Pump (696) W&SS-090 50,000 Cement Mixer (691) W&SS-093 5,000 Pickup Truck (608) W&SS-09455,000 Trailer (609) W&SS-095 10,000 Trailer (602) W&SS-097 15,000 Transit T-150 (613) W&SS-099 35,000 Vactor (699) W&SS-100750,000 Welder (697) W&SS-101 10,000 Zenith Ave Reconstruction W&SS-103 1,000,000 Zane Ave & Lindsey St. Reconstruction W&SS-105 1,500,000 Utility Truck (610) W&SS-106 75,000 Trunk Sanitary Sewer Repair - TH 100/Glenwood W&SS-107 500,000 Bassett Creek Sanitary Sewer Rehabilitation W&SS-127 600,000 Bassett Creek Drive Reconstruction Project W&SS-128750,000 Utility Truck (610) W&SS-106 75,000 2025-2034 Water and Sanitary Sewer Capital Improvement Plan85 City of Golden Valley 2025-2034 Capital Improvement Plan Project DetailsProject Project # 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034Total 12,643,100$ 2,100,061$ 8,744,842$ 7,234,128$ 4,404,129$ 4,204,130$ 6,884,131$ 6,194,132$ 12,904,133$ 4,404,134$ Streetscape Banners S-002 35,000 Zane Avenue and Lindsay Street S-009 4,875,000 Pavement Management Overlays (becomes IRP in 2025) S-013 1,750,000 1,750,000 Municipal State Aid (MSA) Street Maintenance S-017 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 Streetscape and City Hall Complex Renovation S-018 130,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 MSA Debt Service S-019 266,000 265,935 260,715 Vertical Benchmark Update S-020 30,000 30,000 30,000 Duluth Street Reconstruction S-0221,500,000 Sidewalks, Trails, & Bike Facility Upgrades S-030 300,000 300,000 300,000 300,000 300,000 300,000 300,000 Auto CAD Application S-032 12,100 12,100 12,100 12,100 12,100 12,100 12,100 12,100 12,100 12,100 CarteGraph Street Maintenance Software S-034 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 Retaining Wall Repairs S-036 100,000 100,000 100,000 Railroad Crossing Improvements S-042 300,000 300,000 300,000 300,000 Laurel and Louisiana Avenue Repairs S-043 1,900,000 Pavement Surface Treatments S-044 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 Street Infrastructure Renewal Program (IRP) S-045 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 Street Light Replacement S-046 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 Zenith Avenue Reconstruction S-047 2,500,000 Traffic Signal Upgrades/Replacements S-050 800,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 Bassett Creek Regional Trail ADA Improvements S-051 800,000 Retaining Wall Replacement S-054 1,000,000 Pedestrian Crossing Upgrades S-055 200,000 100,000 TH 55 Trail - Schaper Rd to Theodore Wirth Pkwy S-056 575,000 Wayzata Blvd Multiuse Trail - Cedar Lake Rd to France S-0592,450,000 Golden Valley Road (CSAH 66) Traffic Signal Replacement S-061 900,000 Zane Avenue and Lindsay Bike/Ped Improvements S-062 400,000 Minroundabout Wisconsin and Golden Valley Road S-0632,000,000 Bassett Creek Drive Reconstruction S-0645,000,000 Project Project # 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034Total180,000$ 125,000$ 125,000$ 110,000$ 60,000$ 60,000$ 60,000$ 955,000$ 60,000$ 60,000$ Internal Repairs, Replacements andUpdates BC-002 65,000 15,000 60,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 External Repairs, Replacements and BC-003 65,000 10,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 Brookview ADA updates BC-004 10,000 Brookview Firepit and Fireplaces BC-005 20,000 Brookview Lighting-Electrical-Low Voltage BC-006 5,000 40,000 20,000 40,000 5,000 5,000 5,000 5,000 5,000 5,000 Furniture Replacement (Indoor & Outdoor) BC-007 20,000 20,000 20,000 15,000 10,000 10,000 10,000 10,000 10,000 10,000 Backyard Indoor Play Area Updates/Replacements BC-008 5,000 40,000 5,000 5,000 5,000 5,000 5,000 900,000 5,000 5,000 2025-2034 Streets Capital Improvement Plan2025-2034 Brookview Capital Improvement Plan86 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 3, 2024 Agenda Item 3G. Approve Resolution No. 24-074 Adopting the 2025-2026 Budget for Enterprise, Special Revenue and Internal Service Funds Prepared By Lyle Hodges, Finance Director Summary The 2025-2026 Proposed Budgets of the above funds were submitted to the Council in August and September. All budgets were reviewed previously at the September work session. The 2026 Budget is approved “in concept” only and will be revised with the budget process in 2025. Financial or Budget Considerations The supporting documents set the budget for 2025. The budget is a plan that will give departments a guideline to conduct business. Legal Considerations MN Statues are followed for approving the budget. Equity Considerations The proposed budget strives to advance the equity goals of the City by funding infrastructure, programs, and services that provide opportunities and resources for all. The process for adoption includes the ability for any member of the public to provide feedback. Recommended Action Motion to approve Resolution No. 24-074 Adopting the 2025-2026 Budget for Enterprise, Special Revenue and Internal Services Funds. Supporting Documents Resolution No. 24-074 Adopting the 2025 Budget for Enterprise, Special Revenue and Internal Service Funds 87 RESOLUTION NO. 24-074 RESOLUTION ADOPTING THE 2025-2026 BUDGETS FOR ENTERPRISE, SPECIAL REVENUE AND INTERNAL SERVICE FUNDS WHEREAS,in 2024, the City Manager presented a biennial budget cycle with a proposed current budget year (2025) and an in concept budget proposal for the second year (2026); and WHEREAS,this proposed 2025 operating budget is submitted by the City in accordance with Minnesota Statutes and other applicable laws in effect on this date. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that the 2025 Budgets are hereby given final approval. FUND DESCRIPTION AMOUNT 7001 Recycling $1,226,930 7120 Water and Sewer Utility 14,783,215 7150 Brookview Golf Course 4,710,154 7200 Motor Vehicle Licensing 624,774 7300 Storm Sewer Utility 4,625,461 2020 Community Services Commission 58,500 2040 Brookview Facility 710,102 8200 Vehicle Maintenance 572,156 TOTAL 2025 BUDGET $27,311,292 BE IT FURTHER RESOLVED by the City Council that the sources of financing are through user fees, fundraisers, charges for services, and those applicable revenues described in each specific budget. BE IT FURTHER RESOLVED,that the City Council declares its intent to take all necessary actions legally permissible to the submission and approval of the City’s budget both proposed and final. Adopted by the City Council of Golden Valley, Minnesota this 3rd day of December 2024. Roslyn Harmon, Mayor ATTEST: Theresa J. Schyma, City Clerk 88 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 3, 2024 Agenda Item 3H. Adopt Resolution No. 24-075 Approving Purchasing Card Policy Prepared By Lyle Hodges, Finance Director Summary The City's uses Purchasing Cards (PCards) as a form of payment to procure goods when appropriate. The use of PCards must not circumvent other purchasing rules and policies but rather should support a strong environment of control around spending public funds. The Purchasing Card Policy as written provides definitions, roles and responsibilities, examples, and other details to ensure all cardholders have the necessary information to use the cards appropriately. In addition, the policy provides for consequences if a card is used improperly. Legal Considerations This policy went through the legal review process. Equity Considerations This policy went through the equity review process. Recommended Action Motion to Adopt Resolution No. 24-075 Approving Purchasing Card Policy. Supporting Documents Resolution No. 24-075 - Adopting Purchasing Card Policy Exhibit A - Purchasing Card Policy 89 RESOLUTION NO. 24-075 RESOLUTION FOR ADOPTION OF PURCHASING CARD POLICY WHEREAS, the City of Golden Valley is committed to safeguarding public funds and ensuring compliance with public purpose expenditures; and WHEREAS, the City’s Finance Department is responsible for the creation, implementation, and enforcement of policies designed to protect public funds and guide proper purchasing; and WHEREAS, the City of Golden Valley recognizes that the use of purchasing cards is a convenient form of payment that, when used appropriately, is as secure and controlled as other forms of payment. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Golden Valley adopts the Purchasing Card Policy attached hereto as Exhibit A. Adopted by the City Council of Golden Valley, Minnesota this 3 rd day of December 2024. Roslyn Harmon, Mayor ATTEST: Theresa Schyma, City Clerk 90 O FFICIAL C ITY P OLICY C ITY OF G OLDEN V ALLEY General Informa�on Policy Title: Purchasing Card (P-Card) Policy Department: Finance Policy Owner (job �tle): Finance Director Policy ID: FIN PCARD Council Approval Date: December 3, 2024 Resolu�on Number: 24-xx Effec�ve Date: December 3, 2024 ☒New ☐ Updated Policy Overview Policy Descrip�on: The City issues P-Cards to certain departments and employees to allow for more efficient purchasing. All City employees must abide by this policy to assist the Finance Department in ensuring consistency, accuracy, and thoroughness for credit card use. Purpose & Scope: The purpose of this policy is to ensure that P-Cards are used appropriately by authorized City employees so specific categories of goods and services may be procured on behalf of the City in an efficient and cost-effec�ve manner. The use of the P-Card is an alternate means of payment and must not circumvent the use of state contracts, purchasing laws, rules, policies, or procedures. This policy applies to all City employees. Defini�ons: •Cardholder: an authorized City employee to whom a P-Card has been issued and who has completed all requirements under this policy •Emergency: an unforeseen combination of circumstances that calls for immediate action to prevent a disaster from developing or occurring and/or has been duly declared by the Governor or Mayor under Minnesota Statutes, section 12.01 et. Seq. See City’s Public Purpose Policy for additional explanation of use of public funds during an emergency •Program Administrator: City employee appointed by the Finance Director and responsible for overall administration of the P-Card program consistent with state law and the City’s internal policies and controls •Purchase on Behalf of: a purchase that is made for someone other than the P-Card Cardholder •P-Card: City-issued credit card Related Documents, Materials, & Resources: •Public Purpose Expenditure Policy •Authorized User P-Card Acknowledgement and Use Agreement •Credit Card Authoriza�on Form •Excep�on Authoriza�on Form •Declara�on of Expenses Paid Form •Sales Tax Exemp�on Form •P-Card Training Materials •Minn. Stat. § 471.382 •As a part of this Policy, the City has published Purchasing Card Standard Opera�ng Procedures (“P-Card SOPs”). The P-Card SOPs are incorporated into this policy and include details about obtaining a P-Card, coding purchases, purchase authoriza�on procedures, permissible purchases, transac�on limits, consequences of improper use, and other P-Card related processes and procedures. Exhibit A 91 Purchasing Card (P-Card) Policy A. Scope of Use Department heads, supervisors, and full-�me regular employees are eligible to obtain a P-Card. P-Cards may not be issued to part-�me, temporary, or seasonal employees. P-Cards may only be issued to City employees a�er the employee: • is recommended and approved by their supervisor and department head • signs a statement acknowledging the use restric�ons and consequences for misuse of the P-Card • receives documented training on card use polices and procedures from the Program Administrator B. Acceptable Card Uses Cardholders may only use P-Cards to purchase goods or services for use in conduc�ng official City businesses. Examples of allowed purchases include: • small, non-recurring purchases • minor equipment, repairs, or replacement parts • official travel -related expenses, such as airfare, hotel, travel expenses, etc • professional membership dues and subscrip�ons • conference, seminar, and con�nuing educa�on registra�on fees • office supplies • other business-related goods or services not otherwise prohibited by this policy C. Prohibited Purchases Cardholders shall not use P-Cards for any prohibited or non-City business, or any items not budgeted and authorized by the City’s Public Purpose Expenditure Policy. Purchase of the following items with a P-Card is strictly prohibited: • personal items • cash, cash advances, ATM withdrawals, or extensions of credit • explosives • weapons of any kind, including firearms and ammuni�on • alcohol or other intoxica�ng substances • cannabis or cannabis products • tobacco or tobacco products • fuel (for personal vehicles or use) • construc�on services • consul�ng or professional services not authorized in paragraph I(g) herein • high-risk services • gi� cards (unless purchased by Finance or Human Resources for expenses authorized by the Public Purpose Expenditure Policy) • purchases on behalf of anyone other than the Cardholder or the Cardholder’s department D. Rewards, Loyalty Programs, and Other Incentives All rewards, loyalty programs, rebates, incen�ves, and similar promo�onal programs that are offered or accrue as a result of City-funded purchases are the property of the City of Golden Valley and may not be credited to the benefit of any employee, group of employees, or individual. Monetary awards must be treated as a cash receipt and must be submited to accounts receivable in the Finance Department. Credit card related rebate/point programs shall be monitored and overseen by the Finance 92 Department. Awards whereby credits accrue to or are provided to a purchaser for future purchases with a vendor or other retail establishment must be turned into the director of the City department for which the purchase was made. Directors shall ensure that credits and benefits of material amounts (more than $5) are properly administered and used only toward future purchases of the City. If the method of credit prohibits turning such assets over to the City, including when an employee charges the costs to a personal credit card and seeks reimbursement from the City, the credits must be retained in such a manner so as to keep them separate from the purchaser’s own personal account and must be used only toward future purchases on behalf of the City. The credits or benefits may only be used for an individual’s own personal benefit if the individual pays the City for the value of the credits or benefits. For purposes of this paragraph, the Finance Director shall determine the value of the credits or benefits. Awards of tangible goods are considered gi�s from vendors. Minnesota Statutes, sec�on 471.895 prohibits government employees from receiving gi�s except where they are included in the cost of a product, good, or service (such as a meal provided as part of the cost of atendance at a conference), or unless they fall under another specific statutory excep�on. E. Use of Financial Service, Pay Pal The use of a financial service such as Pay Pal is discouraged and should only be used in cases where it is the only means to make a valid, authorized City business purchase. Cardholders should make every effort to make purchases by other means before resor�ng to using a financial service. (Note: Some�mes when purchasing from an online vendor or website, it appears to the purchaser that you are purchasing from the manufacturer or reseller directly, but the transac�on is really going to Pay Pal, and their presence is hidden from the purchaser. These cases, in which the purchaser is not aware of using Pay Pal, cons�tute an excep�on. These situa�ons should be documented when discovered and when submi�ng transac�ons for approval.) P-Card transac�ons with a financial service must be for the exact amount of the purchase price from the vendor. Transac�ons with a financial service are for just one purchase at a �me, and only at the �me you make the purchase. The Cardholder must obtain a receipt from both the financial service and from the merchant providing the product. The merchant receipt must show the item descrip�on, the quan�ty, and the price of the product purchased. Both receipts must be kept together and with the P-Card log. Receipts must be handled per the City policy. Financial services such as Pay Pal must not be used: • if the vendor accepts the City P-Card • if the vendor will accept a City purchase order • if the Visa transac�on has been declined due to a blocked MCC code • if the purchase is prohibited by this policy • if the purchase is over $2,500 (even if the Cardholder has a higher transac�on limit) • if the purchase is for professional/technical services or other services F. Emergency Use When the City Council has declared a Local Emergency or when a situa�on arises that meets the defini�on of emergency under this policy or the City’s Public Purpose Expenditure Policy, the Council may elect to suspend certain rules and regula�ons contained in this policy as part of its emergency declara�on. The Finance Director shall document any emergency rules and procedures authorized by state statute or Council resolu�on and communicate these temporary rules and procedures to affected Cardholders. G. Services P-Cards may be used for the purchase of simple services. Simple services are services where the vendor does not come on City property, insurance is not required, and the City determines it is low risk. Examples of simple services include, but are not limited to, film processing, news clipping services, and car washes. 93 P-Cards shall not be used for the purchase of a service if the service is performed on City property or when, in the opinion of the City Atorney or Finance Director, insurance should be required to protect the City from poten�al liability. P-Cards may not be used to purchase construc�on services, professional/technical services, or high-risk services. H. Sales Tax In many instances, the City is not required to pay sales tax on purchases. The Finance Director maintains a copy of the City’s tax exempt form which cardholders may request to provide to a business to avoid paying unnecessary sales tax on purchases. I. Consequences of Improper Use If a P-Card is used in viola�on of this policy or law, the Cardholder shall report the mater to the Program Administrator no later than the next business day. Viola�ons of this policy could result in consequences including, but not limited to, discipline or termina�on of employment. In the case of a prohibited purchase, the Cardholder shall immediately reimburse the City for the prohibited purchase. If a Cardholder makes or directs an unauthorized purchase, the Cardholder is personally liable for the amount of the purchase. J. Fraud Pursuant to Minn. Stat. § 609.456 subd. 2, all suspected fraud with a P-Card issued by the City must be reported to the Office of the Legisla�ve Auditor This requirement includes those instances when a City-issued P-Card account number has been compromised or unauthorized use of the account is discovered either by the P-Card contract vendor or a City employee. K. Card Spending Limits P-Cards are subject to the following limits: Single Purchase Limit Payment Cycle Credit Limit Department Heads $10,000 $10,000 Supervisory Employees (excluding department heads) $5,000 $5,000 All Other Cardholders $2,500 $2,500 If a P-Card is used for a transac�on in excess of an established limit or approved excep�on, the transac�on will be automa�cally declined. Spli�ng a purchase into more than one transac�on to avoid exceeding an established purchasing limit is strictly prohibited. If a need above an established limit occurs, the Cardholder must contact their supervisor and the Program Administrator to request an excep�on. L. Exception Authorization Process Purchases other than those permissible under this policy require advance approval from the Program Administrator. M. Retention of Receipts All Cardholders must obtain receipts for all transac�ons. Receipts must be: • itemized • readily available during the payment process to assist in verifying correct payment • maintained pursuant to the City’s records reten�on schedule for these records (by Finance Department) If the Cardholder cannot obtain a receipt from the merchant at the �me of sale because of mechanical or technical difficul�es, the Cardholder user must complete, sign, and have notarized a ”Declara�on of Expenses Paid,” which is available from the Program Administrator. 94 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 3, 2024 Agenda Item 4A.1. Public Hearing Regarding a Request for Approval of Zoning Code Amendment to Allow the Cultivation, Manufacturing and Sale of Cannabis - Ordinance No. 787 and Resolution No. 24-076 Prepared By Jacquelyn Kramer, Senior Planner Emily Goellner, Community and Economic Development Director Summary The city of Golden Valley proposes a zoning code amendment to allow the cultivation, manufacturing and sale of cannabis, based on new state regulations and guidance from the Office of Cannabis Management. The proposed ordinance amends the following sections of Chapter 113: 1. New cannabis land use definitions, based on guidance from OCM. 2. Updates to the land use summary table showing which districts will allow the various cannabis uses. 3. Updates to specific zoning districts to require buffers around cannabis uses. 4. Update the restrictions on retail sales of THC products in the commercial district for consistency with current restrictions in the alcohol licensing section of the city code. 5. Miscellaneous revisions to standardize language related to cannabis uses throughout the zoning code. Planning Commission Discussion The planning commission held an informal public hearing, at which time no one testified. The commission’s discussion with staff covered a variety of topics. Overall, the commission wanted to ensure consistency of the treatment of cannabis and tobacco uses throughout the code. City Council had previously required buffers between tobacco sales and youth-oriented activities, and the commission thought it appropriate to maintain those buffer distances between cannabis uses and youth-oriented activities. The commission also asked staff to clarify some of the proposed definitions. The commission voted unanimously to recommend approval of the zoning code amendment. Based on the commission’s recommendations, staff made the following changes to the draft ordinance: 1. Revise the land use definition “youth-oriented facility” to exclude parks and retain schools, playgrounds, and athletic fields. The intention of this change is to focus buffers around facilities children use, rather than all parkland and natural areas in the city. 2. Change the proposed land use definition “cannabis retail business” to “cannabis combination 95 business” to better explain what these businesses will include. In general, these types of businesses include multiple cannabis land uses in one facility. 3. Add a 500-foot buffer around all cannabis uses from youth-oriented facilities. 4. Remove any changes to the buffer initially proposed around tobacco uses. The intention is to treat tobacco and cannabis uses the same throughout the zoning code and require the same buffer distances. Next Steps Staff anticipates proposing additional amendments to the cannabis ordinance as OCM releases more guidance and rules around cannabis uses and registrations. In particular, staff hopes OCM provides further direction regarding how cities may regulate cannabis signage and on-site consumption. Legal Considerations The City Attorney has reviewed the ordinance. Equity Considerations Planning Commission held an informal public hearing at their November 13, 2024, meeting which provided in-person and remote options for residents to participate in the process consistent with Equity Pillar 2 for Inclusive and Effective Community Engagement. Recommended Action 1. Motion to Adopt Ordinance No. 787 approving zoning code amendment allowing the cultivation, manufacturing, and sale of cannabis. 2. Motion to Adopt Resolution No. 24-076 approving publication of ordinance summary. (Note: This resolution requires a four-fifths vote of all members of the Council for approval.) Supporting Documents Ordinance No. 787 - Cannabis Zoning Code Update Planning Commission Staff Report - 11-13-2024 - Cannabis Zoning Code Update Resolution No. 24-076 - Authorizing Summary Publication - Cannabis Zoning Code Update 96 ORDINANCE NO. 787 AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 113 - Zoning in Order to Allow the Cultivation, Processing, and Sale of Cannabis Whereas, Minnesota Statutes, chapter 342, authorizes the City of Golden Valley to protect the public health, safety, welfare of Golden Valley residents by regulating cannabis businesses within the legal boundaries of the city. Whereas, The City Council for the City of Golden Valley finds and concludes that the proposed provisions are appropriate and lawful land use regulations for the City of Golden Valley, that the proposed amendments will promote the community's interest in reasonable stability in zoning for now and in the future, and that the proposed provisions are in the public interest and for the public good. Therefore, The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 113-1 is amended to read as follows. “***” denotes section breaks. Unless otherwise noted herein, the words and phrases contained in Minn. Stat. § 342.01,the rules promulgated by the Office of Cannabis Management pursuant to the Act, or City Code Article XIX shall have the meanings ascribed therein and as may be amended from time to time. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: *** Cannabinoid: any of the chemical constituents of hemp plants or cannabis plants that are naturally occurring, biologically active, and act on the cannabinoid receptors of the brain. Cannabinoid includes but is not limited to tetrahydrocannabinol (THC), low-potency THC, lower-potency hemp, and cannabidiol. Cannabinoid does not include cannabidiol. Cannabis Combination Businesses: A business licensed for more than one of the following cannabis uses: cannabis cultivation, cannabis manufacturing, or retail sales to customers or another licensed cannabis business. Cannabis combination business includes a medical cannabis combination businesses operating a retail location. Cannabis Cultivation: A cannabis business licensed to plant and grow cannabinoid plants indoors from seed or immature plant to mature plant; harvest cannabinoid flower from mature plant; dry, cure, grade or trim any cannabinoid plants or plant parts; package and label cannabinoid immature plants and seedlings, or cannabinoid flower or plant parts for sale to other cannabis businesses; transport cannabinoid flower to a cannabis manufacturer located on the same premises; and perform other actions approved by the office. All business activities excluding transport shall occur indoors only. Cannabis Manufacturing: Includes activities related to the manufacturing, processing, and extraction of raw, dried cannabis and cannabis parts into other types of cannabis products, e.g. edibles or topicals. *** 97 Ordinance No. 787 -2-December 3, 2024 Greenhouse, Accessory: An accessory structure typically made of glass or similarly transparent or translucent structure used for the cultivation and protection of plants which cannot be grown outside during all seasons. Greenhouse, Commercial: A fully enclosed permanent structure, often clad in transparent material, with climate control, such as heating and ventilation capabilities and supplemental artificial lighting, and that uses a combination of natural and supplemental lighting for cultivation, including cannabis or medical cannabis cultivation. *** Lower-potency Hemp Edible: As defined under Minn. Stat. 342.01 subd. 50. *** Outdoor Service Area: A defined space intended to provide outdoor seating/dining at a bar or restaurant or to allow for retail sales or services to be performed outside of a principal structure on a temporary basis. Outdoor service areas are not allowed in association with home occupations. Nursing Home: A building having accommodations where inpatient care is provided for five or more infirm, convalescent, or physically disabled persons who are not members of the same family; but not including hospitals, clinics, or similar institutions. Office of Cannabis Management or OCM: Minnesota Office of Cannabis Management. Open Sales Lots: Any lot used or occupied for the purpose of buying, selling, or storing (prior to sale) automobiles, motor scooters, motorcycles, boats, trailers, aircraft, or monuments. Outdoor Service Area: A defined space intended to provide outdoor seating/dining at a bar or restaurant or to allow for retail sales or services to be performed outside of a principal structure on a temporary basis. Outdoor service areas are not allowed in association with home occupations. *** Retail Sales: Any sale, lease, or rental of tangible personal property (goods) or services for any purpose other than resale, sublease, or subrent, and includes Cannabis Retailers. *** Truck/Van Terminal: A building, the principal use of which is as a relay station for the transfer of a load from one commercial hauling vehicle to another, or for the dispatching of service, delivery, or messenger vehicles. The terminal facility may include office/employee areas, or storage/repair areas for vehicles associated with the terminal. This definition includes Cannabis Transporters. *** Youth-Oriented Facility: A school, park, athletic field, or playground. Section 2. City Code Section 113-87 is amended to read as follows. “***” denotes section breaks. 98 Ordinance No. 787 -3-December 3, 2024 Table 87-1 Residential Land Uses Land Use Description R-1 R-2 R-3 R-4 Low to Moderate Density Housing Single-family dwellings* P P X X Two-family dwellings X P P X Rowhouses with up to four attached units X P X X Townhouses X X P X *Accessory dwelling units are allowed as an accessory use to a single-family dwelling in the R-1 and R-2 zoning districts. These units are subject to either administrative or conditional review, as regulated in Sec. 113-151 of City Code. Multifamily Housing Multifamily dwellings of up to 12 units per acre X X P P Multifamily dwellings to a density of 17 units per acre X X C P Multifamily dwellings to a density of 50 units per acre X X X P Multifamily dwellings to a density of 100 units per acre X X X C Senior and disability housing to a density of 20 units per acre X X P P Senior and disability housing to a density of 25 units per acre X X C P Senior and disability housing to a density of 70 units per acre X X X P Senior and disability housing to a density of 100 units per acre X X X C Multifamily Conditional Allowances Senior and disability housing up to five stories or 60 feet in height X X C C Principal structures in excess of five stories or 60 feet in height X X X C Retail sSales, Class I and II restaurants, and professional offices* X X C C Manufactured home parks X C C C *These uses must be within principal structures containing at least 20 dwelling units when located upon any minor arterial or major collector street. Any such sales, restaurant, or office shall be located only on the ground floor and have direct access to the street. Residential Facilities, Foster Homes, and Essential Services Residential facilities serving six or fewer persons P P P P Residential facilities serving up to 25 persons C C P P Foster family homes P P P P Group foster family homes C C P P 99 Ordinance No. 787 -4-December 3, 2024 Essential services, Class I P P P P Mobile food vending R R R R Outdoor services areas R R R R *** Table 87-2 Economic and Business Land Uses Land Use Description C LI I O General retail services and/or s Retail Sales that are consistent with the purpose of the Commercial Zoning District and not otherwise listed PR X X X Food, Entertainment, and Retail Adult-oriented services that require City licensing P P P X Breweries X P P X Brewpubs C X X X Cannabis Combination Business X R R X Catering establishments P X X X Class I restaurants P X X X Class II restaurants C X X X Class III restaurants C X X X Cocktail rooms that occupy up to 50 percent of the gross floor area of the microdistillery X P P X Cocktail rooms that occupy 50 percent or more of the gross floor area of the microdistillery X C C X Distilleries X X P X Drive-through retail establishments C X X X Hotels/motels P X X X Indoor entertainment and amusement P C X X Private clubs X C X X Micro-distilleries (limited and associated retail use such as merchandise related to the microdistillery may be sold) X P P X Mobile food vending R R R R Outdoor services areas R X X X Recreational uses (public and private), including gyms, skating rinks, etc. P C X X Retail establishments that sell tobacco R X X X 100 Ordinance No. 787 -5-December 3, 2024 Sale or repair of firearms X R R X Seasonal farm produce sales R X X X Taprooms or Cocktail Rooms that occupy up to 50 percent of the gross floor area of the brewery or microdistillery X P P X Taprooms or Cocktail Rooms that occupy 50 percent or more of the gross floor area of the brewery or microdistillery, X C C X Temporary rRetail sSales R R R X Care Services Adult day care center C C C C Animal hospitals, veterinary clinics, and/or pet grooming facilities R C C X Animal kennels X X P X Child care centers C C C C Clinics (medical and dental) X C C P Cosmetology services P X X X Daytime activity centers or other facilities providing school and/or training for disabled people X X X C Mortuaries C X C X Trade schools or training centers C C C X Offices and Financial Institutions Consumer small loan lender R X X X Currency exchange R X X X Financial institutions, with drive-through facilities C C C C Financial institutions, without drive-through facilities P X X P Laboratories (medical, dental, cannabis testing facility, or research and development, aka R&D) X C C C Medical and dental offices P X X P Offices, excluding medical and dental P P P P Automotive Automobile repair shops, auto body repair and/or painting, and auto cleaning and reconditioning X X C X Automobile repair shops, including tire, battery, and auto accessory repair and installation C X P X Building materials yards, including inside and outside storage X C P X 101 Ordinance No. 787 -6-December 3, 2024 Bulk storage of gas, fuel oil, chemicals, and other liquid or solid materials which may be considered hazardous or toxic X X C X Car washes C X C X Sales or show rooms (auto, machinery, boats, etc.) C X C X Service stations C X C X Surface lot storage of automobile sales inventory X C C X Manufacturing Assembly and/or fabricating, foundries, and similar uses X P P X Bakeries (commercial/wholesale) X C C X Blacksmith, repair, machine, or tin shops X X P X Electronics manufacturing X P P X Food packaging and processing that does not involve cooking, heating, smoking, soaking, or marinating procedures X P P X Food packaging and processing that involves cooking, heating, smoking, soaking, or marinating procedures X C C X General manufacturing uses, including the compounding, assembly, or treatment of articles or materials and Cannabis Manufacturing X X PR X Metal fabrication and assembly X X P X Other light manufacturing uses that would not constitute a nuisance or health hazard to surrounding or adjacent residential or commercial districts X P P X Packaging and/or bottling of soft drinks or dairy products X C C X Warehousing and Wholesale Greenhouses, Commercial X PR PR X Bulk storage of gas, fuel oil, chemicals, and other liquid or solid materials which may be considered hazardous or toxic X X C X Outdoor sales, including car lots, nurseries, and equipment rentals C X C X Outdoor storage for vehicles and equipment X X R X Recycling drop-off facilities X C P X Recycling facilities X C C X Laundries and dry-cleaning plants X C C X Lumber yards, including outside storage X X P X Warehouses X P P X 102 Ordinance No. 787 -7-December 3, 2024 Wholesale-retail distribution centers and Cannabis Delivery Service X PR PR X Transportation and Parking Heliports X C C X Off-street parking for adjacent commercial or industrial uses C X C X Public garages P C C X Railroad infrastructure outside of railroad right-of-way X X C X Truck/van terminals X C C X Other Allowances Accessory retail services and/or sales incidental to a permitted use, conducted in an area less than 10 percent of the building's gross floor area X C C X Buildings greater than three stories in height C X X C Buildings greater than four stories in height X C C X Essential services, Class I P P P P Essential services, Class III, except for peaking stations and substations C P P X Firing ranges X X X X Places of worship X C X X Temporary structures such as tents or air-supported structures X X C X *** Table 87-4 Mixed Use Land Uses Land Use Description MU-N MU-C MU-E Residential Units within a mixed-use building P P X Multifamily dwellings (three or more units) P P X Senior and disability housing P P X Home occupations R R X Single-family dwellings X X X Manufactured home parks C C C Commercial Medical clinics P P P Hotels X P P 103 Ordinance No. 787 -8-December 3, 2024 Restaurants, brewpubs P P P General retail/service Retail Sales R R R Breweries P P P Taprooms or Cocktail Rooms C C C Cannabis Combination Business R R R Micro-distilleries P P P Mobile food vending R R R Cocktail rooms C C C Parking R R R Child care C C C Drive-thru facilities C C C Gasoline sales and automotive repair X X X Self storage X X X Outdoor storage X X X Sale or repair of firearms X X X Firing range X X X Outdoor service areas R R R Office Financial institutions without drive-thru facilities P P P Financial institutions with drive-thru facilities C C C Offices up to 5,000 gross square feet per floor P P P Offices more than 5,000 gross square feet per floor C C C Institutional Civic R R R Medical R R R Assembly R R R Light Industrial Light manufacturing, cannabis testing facility, R&D, or collaborative work spaces that do not constitute a nuisance or health hazard to adjacent properties X X P Warehouses X X C Section 3. City Code Section 113-92(a) is amended to read as follows, with all subsequent sections renumbered accordingly: 104 Ordinance No. 787 -9-December 3, 2024 (e)Restricted Uses. The following restricted uses shall be permitted within the Commercial Zoning District: (1)Retail establishments that sell lower-potency hemp edible THC products, as defined in City Code, section 16-158, provided the following restrictions are observed: a.The retail establishment shall be located not less than 500 300 feet from all youth-oriented facilities elementary or secondary school structure or 100 feet of any church structure place of worship, as measured at the lot line. b.In the case of a multi-use building, distances from the retail establishment shall be measured from the portion of the structure occupied by the retailer. (f)Restricted Uses. The following restricted uses shall be permitted within the Commercial Zoning District: (1)Retail establishments that sell tobacco or cannabinoids, as defined in City Code, Section 16-158, excluding lower-potency hemp edibles, provided the following restrictions are observed: a.The retail establishment shall be located not less than 500 feet from all youth- oriented facilities, as measured at the lot line edge of the structure. b.In the case of a multi-use building, distances from the retail establishment shall be measured from the portion of the structure occupied by the retailer. Section 4. City Code Section 113-93(e) is amended to read as follows. “***” denotes section breaks. Restricted Uses. The following restricted uses shall be permitted within the Commercial Light Industrial Zoning District: *** (2)Cannabis Cultivation and Cannabis Combination Business provided the following restrictions are observed: a. The business shall be located no less than 500 feet from all youth-oriented facilities, as measured at the lot line edge of the structure. b. In the case of a multi-use building, distance from the cannabis cultivation shall be measured from the portion of the structure occupied by the business. Section 5. City Code Section 113-94(e) is amended to read as follows. “***” denotes section breaks. Restricted Uses. The following restricted uses shall be permitted within the Commercial Industrial Zoning District: *** (2)Cannabis Cultivation, Cannabis Manufacturing, and Cannabis Combination Business, provided the following restrictions are observed: 105 Ordinance No. 787 -10-December 3, 2024 a. The business shall be located no less than 500 feet from all youth-oriented facilities, as measured at the lot line edge of the structure. b. In the case of a multi-use building, distance from the cannabis business shall be measured from the portion of the structure occupied by the business. Section 6. City Code Section 113-97 is amended to read as follows. “***” denotes section breaks. (f)Subdistrict Standards. (1)Neighborhood Mixed Use (MU-N) Subdistrict. *** g.Restricted Uses. The following restricted uses shall be permitted within the Neighborhood Mixed Use Zoning District: i.Home occupations, provided they comply with the requirements of Subsection (e)(2) above. ii.Retail Sales General retail/services shall be limited to a maximum of 20,000 square feet of gross floor area. iii.Parking as an accessory to a principal use. iv.Institutional assembly, civic, and medical uses shall be limited to a maximum of 50 surface parking spaces. v.Cannabis Retail Sales and Cannabis Combination Business, provided the following restrictions are observed: 1. The business shall be located no less than 500 feet from all youth- oriented facilities, as measured at the lot line edge of the structure. 2. In the case of a multi-use building, distance from the cannabis business shall be measured from the portion of the structure occupied by the business. (2)Community Mixed Use (MU-C) Subdistrict. *** g.Restricted Uses. The following restricted uses shall be permitted within the Community Mixed Use Zoning District: i. Home occupations, provided they comply with the requirements of Subsection (e)(2) above. ii.Retail Sales General retail/services shall be limited to a maximum of 30,000 square feet of gross floor area. iii.Parking as an accessory to a principal use. iv. Drive-thru facilities, provide they comply with the requirements of Subsection (g)(3) below 106 Ordinance No. 787 -11-December 3, 2024 v.Institutional assembly, civic, and medical uses shall be limited to a maximum of 50 surface parking spaces. v.Cannabis Retail Sales and Cannabis Combination Business, provided the following restrictions are observed: 1.The business shall be located no less than 500 feet from all youth- oriented facilities, as measured at the lot line edge of the structure. 2. In the case of a multi-use building, distance from the cannabis business shall be measured from the portion of the structure occupied by the business. (3)Employment Mixed Use (MU-E) Subdistrict. *** g.Restricted Uses. The following restricted uses shall be permitted within the Employment Mixed Use Zoning District: i.General retail/services Retail Sales shall be limited to a maximum of 30,000 square feet of gross floor area. ii.Parking as an accessory to a principal use. iii. Drive-thru facilities, provide they comply with the requirements of Subsection (g)(3) below iv.Institutional assembly, civic, and medical uses shall be limited to a maximum of 50 surface parking spaces. v.Cannabis Retail Sales and Cannabis Combination Business, provided the following restrictions are observed: 1.The business shall be located no less than 500 feet from all youth- oriented facilities, as measured at the lot line edge of the structure. 2. In the case of a multi-use building, distance from the cannabis business shall be measured from the portion of the structure occupied by the business. Section 7. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 3rd day of December, 2024. _____________________ Roslyn Harmon, Mayor ATTEST: ________________________ Theresa J. Schyma, City Clerk 107 1 Date: November 13, 2024 To: Golden Valley Planning Commission From: Jacquelyn Kramer, Senior Planner Subject: Cannabis Zoning Code Amendment MEETING DATES City Council work session 1: October 10, 2023 City Council work session 2: October 8, 2024 Planning Commission – informal public hearing: November 13, 2024 City Council – formal public hearing and action: December 3, 2024 APPLICANT Community Development Department BACKGROUND During the 2023 legislative session, the Minnesota legislature passed a law legalizing adult use cannabis in Minnesota. The law legalizes and decriminalizes the possession, use, manufacturing, and sale of certain cannabis products within the state. The law created the Office of Cannabis Management (the "OCM") to regulate the full range of cannabis activities in Minnesota, including the adult use cannabis market, the state’ s medical cannabis program, and the lower-potency hemp edibles market. Under this regulatory framework, the City' s regulatory authority and responsibilities are limited. Local governments may not issue outright bans on cannabis business, or limit operations in a manner beyond what is provided by state law. Minnesota’s cannabis law gives cities the authority to adopt zoning ordinances relating to the operation of state -licensed cannabis businesses and lower-potency hemp edible retail businesses. Each locality may conduct its zoning differently. On October 10, 2023, the City Council discussed this topic and directed staff to draft a Cannabis Registration Ordinance and monitor developments in cannabis legislation on the state level. On October 8, 2024, City Council discussed retail sales registration and potential changes to Section 113 Zoning to comply with state statute. During these meetings, City Council expressed a desire to limit regulations on cannabis businesses and adopt a permissive cannabis zoning ordinance. CANNABIS ZONING CODE AMENDMENT v 108 2 Planning staff drafted a zoning ordinance amendment based on state statutes and guidance from the OCM. The land use definition section will contain new cannabis uses: • Cannabinoid • Cannabis Cultivation • Cannabis Manufacturing • Cannabis Retail Businesses • Cannabis Retailer Some existing land uses have been revised for consisten cy and to incorporate cannabis businesses into their definitions. The land use summary table is revised to permit cannabis uses in the same zoning districts that corresponding non-cannabis businesses are currently permitted. • Cannabis retail businesses would be allowed in zoning districts that currently allow retail as a permitted use. • Indoor Cannabis Cultivation would be allowed in Commercial Greenhouses in the Light Industrial and Industrial zoning districts. Outdoor Cannabis Cultivation would not be permitted. • Cannabis manufacturing would be allowed in industrial zoning districts in the same manner that other manufacturing and processing uses are allowed in industrial districts. • Cannabis Retail Businesses that have on-site consumption are permitted in the same manner as brewery taprooms and microdistillery cocktail rooms. Generally, cannabis uses will be permitted or permitted with conditions in the same manner as the corresponding non-cannabis uses. The exception is the Cannabis Cultivation use, which will be permitted in the Commercial, Light Industrial, and Industrial zoning districts with a condition requiring a 200-foot buffer from youth-oriented activities. Small revisions are proposed in various district subsections to standardize language used throughout the code and to permit cannabis land uses in the same manner as the corresponding non-cannabis land uses. PUBLIC NOTIFICATION No public notification is required for informal public hearing of Zoning Code Text Amendments. A notice of the formal public hearing will be posted in the local newspaper at least 10 days prior to the public hearing at City Council. A draft of the zoning code amendment will be posted on the city website at least 10 days prior to December 3. RECOMMENDATION Staff recommends approval of the zoning code amendment. NEXT STEPS 109 3 Council will take action on the zoning code amendment on December 3, 2024. Council will also hold the first reading of the Retail Sales Registration Ordinance on December 3, and the second reading will be held on December 17, 2024. According to the OCM, cities can expect retail sales of cannabis products to begin in first quarter 2025. ATTACHED EXHIBIT Draft Zoning Ordinance STAFF CONTACT INFORMATION Jacquelyn Kramer, Senior Planner Jkramer@goldenvalleymn.gov 110 RESOLUTION NO. 24-076 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 787 WHEREAS, the City has adopted the above referenced amendment of the Golden Valley City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of the publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that the following summary is hereby approved for official publication: SUMMARY PUBLICATION ORDINANCE NO. 787 Amending Chapter 113 - Zoning in Order to Allow the Cultivation, Processing, and Sale of Cannabis This is a summary of the provisions of Ordinance No. 787 which has been approved for publication by the City Council. At the December 3, 2024, City Council meeting, the Golden Valley City Council enacted Ordinance No. 787 amending City Code, Chapter 113 to allow the cultivation, processing, and sale of cannabis. The full ordinance is available to the public at the City Clerk’s Office, 7800 Golden Valley Road during normal business hours and online at https://www.goldenvalleymn.gov/179/City-Code-and-Proposed-Ordinances. Adopted by the City Council of the City of Golden Valley, Minnesota on December 3, 2024. ____________________________ Roslyn Harmon, Mayor Attested: ____________________ Theresa Schyma, City Clerk 111 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 3, 2024 Agenda Item 4A.2. First Reading of Ordinance No. 789 - Adult Use Cannabis Registration Ordinance Prepared By Maria Cisneros, City Attorney Summary During the 2023 legislative session, the Minnesota legislature passed a law legalizing adult use cannabis in Minnesota. The law legalizes and decriminalizes the possession, use, manufacturing, and sale of certain cannabis products within the state. The law created the Office of Cannabis Management (the "OCM") to regulate the full range of cannabis activities in Minnesota, including the adult use cannabis market, the state’s medical cannabis program, and the lower-potency hemp edibles market. Under this regulatory framework, the City's regulatory authority and responsibilities are limited. On October 8, 2024, the City Council discussed this topic and reviewed the proposed Cannabis Registration Ordinance, along with zoning ordinance changes related to adult use cannabis. Under the new law, cannabis products and hemp derived consumer products may only be sold in a business with a license issued by the Office of Cannabis Management (the "OCM") . The licensing process requires the OCM to consult with cities in which a cannabis business will be located. The OCM will forward applications to the City to certify whether the proposed cannabis business complies with the City's local zoning ordinance and, if applicable, whether the proposed business complies with the state fire and building code. The OCM may not issue a license to a cannabis business that does not meet local zoning and land use laws. The proposed registration ordinance is designed to comply with state law and the OCM's draft regulations. The City Manager, City Attorney, and Community & Economic Development Director will work together to create standard operating procedures to handle registration requests and temporary event permit requests. Additionally, cities are required to conduct compliance checks on retail cannabis businesses. The OCM is developing standardized forms and procedures for these compliance checks. The City Attorney will work with police leadership to implement a retail sales compliance check program. According to the OCM, cities can expect retail sales of cannabis products to begin in first quarter 2025. Upon approval of a the proposed ordinance, staff will begin implementation and be ready to work 112 with the business community in 2025. Financial or Budget Considerations Compliance with the new statewide requirements will require additional staff time to process registrations, make zoning determinations, enforce regulations, and conduct compliance checks. The cost of these responsibilities can be covered by fees. The City Council approved the following fees in the 2025 fee schedule: Cannabis Registration Fee (Initial): lesser of $500 or 1/2 of the amount of the applicable initial license fee paid to the state Cannabis Registration Fee (Renewal): lesser of $1,000 or 1/2 of the amount of the applicable renewal license fee paid to the state If cannabis businesses are located in Golden Valley, the City will also receive tax revenue from cannabis sales, which will help defray costs. Legal Considerations See summary section of this memorandum. Equity Considerations The proposed regulations align with the state of Minnesota's cannabis regulation social equity goals, which aim to administer cannabis licensing in a manner that repairs the harm done to communities across Minnesota by decades of cannabis prohibition and criminalization. Recommended Action Motion to adopt first reading of Ordinance No. 789 regulating adult use cannabis. Supporting Documents Ordinance No. 789 - Adult Use Cannabis Regulation Ordinance 113 Page 1 of 5 ORDINANCE NO. 789 AN ORDINANCE AMENDING THE CITY CODE AMENDING CHAPTER 16 OF THE CITY CODE REPEALING ARTICLE XIX TETRAHYDROCANNABINOL PRODUCTS AND REPLACING WITH ADULT USE CANNABIS REGULATION The City Council of the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 16 is amended to repeal Article XIX Tetrahydrocannabinol Products in its entirety, and is hereby replaced, renamed, and shall read as follows: ARTICLE XIX. ADULT USE CANNABIS REGULATION Sec. 16-550. Findings and Purpose. The purpose of this ordinance is to implement the provisions of Minnesota Statutes, chapter 342, which authorizes the City of Golden Valley to protect the public health, safety, and welfare of Golden Valley community members by regulating cannabis businesses within the boundaries of the City. The City Council of the City of Golden Valley finds and concludes that these regulations are appropriate, lawful, and necessary to protect the health, safety, and welfare of the Golden Valley community and that these local regulations are in the public interest and for the public good. Specifically, the Council finds that: (a) By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature amended Minnesota Statutes, section 151.72 to allow the sale of certain products containing tetrahydrocannabinol (THC). (b) The new law does not prohibit municipalities from adopting and enforcing local ordinances to regulate THC product businesses including, but not limited to, local zoning and land use requirements and business license requirements. (c) The National Academies of Science, Engineering, and Medicine note that the growing acceptance, accessibility, and use of THC products, including for medical purposes, have raised important public health concerns, while the lack of aggregated knowledge of cannabis-related health effects has led to uncertainty about the impact of its use. Sec. 16-551. Authority. The City has the authority to adopt this ordinance pursuant to: (a) Minn. Stat. § 342.13(c), granting local units of government the authority to adopt reasonable time, place, and manner restrictions relating to the operation of cannabis businesses and hemp businesses. 114 Page 2 of 5 (b) Minn. Stat. § 342.22, regulating local registration and enforcement requirements applicable to state-licensed cannabis businesses and lower-potency hemp edible businesses. (c) Minn. Stat. § 462.357, granting local units of government the authority to adopt zoning ordinances relating to the operation of state-licensed cannabis businesses and lower- potency hemp edible retail businesses. Sec. 16-552. Definitions. Unless otherwise noted herein, the words and phrases contained in Minn. Stat. § 342.01,the rules promulgated by the Office of Cannabis Management pursuant to the Act, or City Code section 113-1, et seq. shall have the meanings ascribed therein and as may be amended from time to time. For purposes of this ordinance, the words below shall have the following meanings: Cannabis Retail Business:A retail location of a cannabis microbusiness, cannabis mezzobusiness, cannabis retailer, medical cannabis combination business, or lower-potency hemp edible retailer, as those terms are defined in Minn. Stat. § 342.01. Preliminary License Approval: A pre-approval for a cannabis business license issued by OCM for an applicant that qualifies under Minn. Stat. § 342.17. Retail Registration: An approved registration issued by the City to a state-licensed cannabis retail business. State License: A license issued by OCM to a cannabis business. Sec. 16-553. Enforcement. The City Manager, or their designee, shall be responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements shall constitute a misdemeanor and is punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit or registration is required for a regulated activity. Sec. 16-554. Registration of Cannabis Businesses. (a)Registration Required. No individual or entity may operate a state-licensed cannabis retail business within the City without first obtaining a retail registration from the City. (b)Application. The City shall issue or renew a registration to a state-licensed cannabis retail business that adheres to the requirements of Minn. Stat. §342.22. (c)Application Requirements & Submittal. An application for a retail registration to sell licensed products shall be made on a form provided by the City. The application shall contain the full name of the applicant and the property owner, the address, email address, and telephone number of the applicant, the address and parcel ID for the property for which the retail registration is sought, certification that the applicant complies with the requirements of local ordinances, and any additional information the City deems necessary. 115 Page 3 of 5 (d)Approval & Grounds for Denial. Pursuant to Minn. Stat., Ch. 342, within 30 days of receipt of a request for retail registration from OCM, the City shall certify in the manner required by OCM whether a proposed cannabis retail business complies with local zoning ordinances and, if applicable, the state fire code and building code. Prior to certification of compliance to the state or issuance of a Retail Registration, the City may conduct a preliminary compliance check to ensure compliance with local ordinances. The City may deny a request for retail registration if: 1. The applicant does not comply with local regulations 2. The applicant does not comply with the state building code 3. The applicant does not comply with the state fire code 4. The applicant fails to pay the applicable fee 5. There are past-due fees or taxes associated with the property on which the cannabis retail business is or will be located (e)Location Change. A state-licensed cannabis retail business shall be required to submit a new application for registration if it seeks to move to a new location still within the legal boundaries of the City. (f)Suspension. The City may suspend a cannabis business’s registration if the City determines the business has violated local regulations or the business poses an immediate threat to the health and safety of the public. The City shall immediately notify the cannabis business and the OCM in writing of the grounds for suspension. The suspension of a cannabis retail business registration may be up to 30 calendar days, unless OCM suspends the license for a longer period. The business may not make sales to customers if their registration is suspended. The City may reinstate a registration if it determines that the violations have been resolved. The City shall reinstate a registration if OCM determines that the violations have been resolved. (g)Compliance Checks. All premises licensed under this subdivision shall be open to inspection by the City during regular business hours. From time to time, but at least once each calendar year, the City shall conduct compliance checks in accordance with the requirements of Minn. Stat. § 342.22, subd. 4 and all applicable OCM regulations. (h)Civil Penalties. Subject to Minn. Stat. § 342.22, subd 5(e), the City may impose a civil penalty as specified in the City’s Fee Schedule, for registration violations, not to exceed $2,000. Sec. 16-555. Fees. No registration shall be issued under this section until the appropriate fee shall be paid in full. All fees under this chapter, including fees for initial, annual, temporary, and renewal registrations, shall be fixed and determined by the City Council in the City's Fee Schedule and may be amended from time to time. Such fees shall not exceed the limits provided in Minn. Stat. Ch. 342. All fees shall be non-refundable once processed. 116 Page 4 of 5 Sec. 16-556. Temporary Cannabis Events. (a)Permit Required. No individual or entity may operate a temporary cannabis event within the City without first obtaining a permit from the City. (b)Application. An application for a temporary cannabis event permit shall be made on a form provided by the City not less than 45 days before the first date of the proposed event. The application shall contain the full name of the applicant and the property owner, the address, email address, and telephone number of the applicant, the address and parcel ID for the property for which the temporary event is sought, certification that the event complies with the requirements of local ordinances, and any additional information the City deems necessary. (c)Fees. No permit shall be issued under this section until the appropriate permit fee shall be paid in full. The fee for a permit under this section shall be established by the City Council and adopted in the City fee schedule, and may be amended from time to time. All fees shall be non-refundable once processed. (d)Approval & Grounds for Denial. The application shall meet all of the requirements of this section, state law, and City Code § 26-9 (Special Events). The City may deny a request for Retail Registration if: 1. The applicant does not comply with local, state or federal regulations 2. The applicant does not comply with the state building code 3. The applicant does not comply with the state fire code 4. The applicant fails to pay the applicable fee 5. There are past-due fees or taxes associated with the property on which the temporary cannabis event will be located Sec. 16-557. Severability. If any section or provision of this ordinance is held invalid, such invalidity will not affect other sections or provisions that can be given force and effect without the invalidated section or provision. Secs. 16-558 - 16-599. Reserved. Section 2. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8 entitled “General Penalty; Continuing Violations” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect from and after its passage and publication as required by law. 117 Page 5 of 5 Adopted by the City Council this 17th day of December 2024. Roslyn Harmon, Mayor ATTEST: Theresa J. Schyma, City Clerk 118 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 3, 2024 Agenda Item 4B.1. Public Hearing Regarding Zoning Code Update to the Telecommunications Facilities Section 113- 154 regarding Small and Micro Cell Wireless Facilities, Ordinance No. 788 and Resolution No. 24-077 Prepared By Steven Okey, Associate Planner Jacquelyn Kramer, Senior Planner Summary Staff reviewed the Telecommunications Facilities zoning code section in response to Minnesota Statute 237.163. Our code was previously updated in 2019 to meet FCC Standards regarding Small Cell Wireless facility deployments. In 2023 Minnesota Statute 237.163 a rule was added prohibiting municipalities from limiting the placement of small wireless facilities based on location: "Subd. 3b. Small wireless facility permits; placement . (a) A local government unit may not require the placement of small wireless facilities on any specific wireless support structure other than the wireless support structure proposed in the permit application." In our Telecommunications Facilities Section 113-154 we define Telecommunications Facility as: Towers, cables, wires, lines, wave guides, antennas, wireless facilities (including small and micro wireless facilities) (emphasis staff) and any other telecommunications or wireless equipment or accessories associated with the transmission or reception of communications or wireless services located or installed on or near a tower or antenna support structure. In the Telecommunications Facilities code under sections (d) Location of New Facilities and section (k) Additional Standards for Public Property, we use the term Telecommunication facilities, which as defined includes small and micro wireless facilities. The preferences/requirements in those sections are in conflict with the above-mentioned language from the MN State Statute. We are proposing adding "(except small and micro cell wireless facilities)" immediately following the term "telecommunications facility" as an exception in keeping with the state statute language. The Planning Commission held an informal public hearing and voted unanimously to recommend approval of the request with the following addition to the code: (q) All Telecommunication Facilities shall comply with all applicable, rules, regulations and laws. Financial or Budget Considerations There are no financial or budgetary impacts to amending the ordinance. Legal Considerations 119 The City Attorney has reviewed the ordinance. Equity Considerations The zoning code updates were reviewed by the Equity and Inclusion Manager. No additional equity considerations must be made at this time. Recommended Action 1. Motion to Adopt Ordinance No. 788 approving zoning code amendment to Telecommunications Facilities section. 2. Motion to Adopt Resolution No. 24-077 approving publication of ordinance summary. (Note: This resolution requires a four-fifths vote of all members of the Council for approval. Supporting Documents Ordinance No. 788 - Telecommunications - Small Cell Wireless Zoning Text Amendment PC_Staff Report - 11-13-2024_Telecommunications Code Amendment.pdf Resolution No. 24-077 - Authorizing Summary Publication of Ordinance No. 788 - Telecommunication Facilities 120 ORDINANCE NO. 788 AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 113 - 154 Zoning in Order to Update the Regulations for Telecommunications Facilities The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 113-154.(d) is amended to read as follows: Location of New Facilities. The following preferences, listed in ranked order, shall be followed for a new telecommunications facility (except small and micro cell wireless facilities), or tower and each preference shall be analyzed to determine the most appropriate location: Section 2. City Code Section 113-154.(k) is amended to read as follows: Additional Standards for Public Property. The City recognizes that in certain locations and in certain circumstances it is appropriate public policy and in the best interest of the community to allow using some public land and structures for telecommunications facilities (except small and micro cell wireless facilities) because it may provide efficient use of resources and may reduce clutter by using existing facilities. Accordingly, the City supports consideration of the following when applications meet all other provisions of this section: Section 3. City Code Section 113-154 is amended to add language as follows: (q)All Telecommunication Facilities shall comply with all applicable, rules, regulations and laws. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 3rd day of December, 2024. _____________________ Roslyn Harmon, Mayor ATTEST: ________________________ Theresa J. Schyma, City Clerk 121 Date: November 13, 2024 To: Golden Valley Planning Commission From: Steven Okey, Associate Planner Jacquelyn Kramer, Senior Planner Subject: Telecommunications Facilities Zoning Code Text Amendment MEETING DATES Planning Commission: November 13, 2024 City Council: December 3, 2024 PROJECT INFORMATION Applicant: Community Development Department PROPOSAL The Community Development Department requests an update to the Telecommunications Facilities Section 113-154 of the City of Golden Valley Zoning Code to update language regarding Small and Micro Cell Wireless facilities. BACKGROUND Staff reviewed the Telecommunications Facilities zoning code section in response to Minnesota Statute 237.163 (attached). Our code was previously updated in 2019 to meet FCC Standards regarding Small Cell Wireless facility deployments. In 2023 Minnesota Statute 237.163 a rule was added prohibiting municipalities from limiting the placement of small wireless facilities based on location: “Subd. 3b. Small wireless facility permits; placement . (a) A local government unit may not require the placement of small wireless facilities on any specific wireless support structure other than the wireless support structure proposed in the permit application .” In our Telecommunications Facilities Section 113-154 we define Telecommunications Facility as: Towers, cables, wires, lines, wave guides, antennas, wireless facilities (including small and micro wireless facilities)(emphasis staff) and any other telecommunications or wireless equipment or accessories associated with the transmission or reception of communications or wireless services located or installed on or near a tower or antenna support structure. In the Telecommunications 6 122 Facilities code under sections (d) Location of New Facilities and section (k) Additional Standards for Public Property, we use the term Telecommunication facilities, which as defined includes small and micro wireless facilities. The preferences/requirements in those sections are in conflict with the above-mentioned language from the MN State Statute. We are proposing adding “(except small and micro cell wireless facilities)” immediately following the term “telecommunications facility” as an exception in keeping with the state statute language. There will be a corresponding change to Chapter 24 Streets, Sidewalks and Other Public Places, Article II Right of Way Management in the City Code that will be brought to City Council by Michael Ryan, City Engineer. The changes are also in response to Minnesota Statute 237.163 and the prohibition of location requirements as mentioned above. The first reading is on December 3, 2024, with the second reading on December 17, 2024. PUBLIC NOTIFICATION No public notification is required for informal public hearing of Zoning Code Text Amendments. A notice of the formal public hearing will be posted in the local newspaper at least 10 days prior to the public hearing at City Council. A draft of the zoning code amendment will be posted on the city website at least 10 days prior to December 3. ZONING CODE AMENDMENT ELIGIBILITY Pursuant to Zoning Code Section 113-29(c): The Planning Commission shall hold at least one informal public hearing on any proposed zoning map or chapter amendment before recommending any such change or amendment. For zoning map amendments, all property owners within 500 feet of the subject site shall be notified of the informal public hearing by the U.S. mail not less than 10 days prior to the date of the informal public hearing. Such notice shall include the date, time, and place of the hearing and shall identify the subject site . RECOMMENDATION Staff recommends amending the text of Section 113‐154: Telecommunication Facilities, subsection (d) and (k) as identified in the staff report. ATTACHED EXHIBITS 1.Selected draft language. 2.Minnesota Statute 237.163 3.Ordinance Draft STAFF CONTACT INFORMATION Prepared by: Reviewed and edited by: Steven Okey Jacquelyn Kramer Associate Planner Senior Planner sokey@goldenvalleymn.gov Jkramer@goldenvalleymn.gov 7 123 Created: 2024-10-02 07:42:07 [EST] (Supp. No. 7 Upd 1) Sec. 113-154. Telecommunications Facilities. (a)Purpose. The purpose of this section is to provide for and regulate the design, location, placement, construction, maintenance, and removal of telecommunications facilities; to provide safety and emergency services through the use of telecommunications facilities; to provide broader forms of communication in a more reliable way; to ensure such telecommunications facilities are unobtrusive in appearance and location and do not detract from the character of the City's residential neighborhoods and historic architecture; to provide clear standards governing all aspects of such telecommunications facilities; to encourage co-location and shared use of telecommunications facilities and support structures; and to allow new telecommunications towers only when a demonstration of need satisfactory to the City can be shown in order to protect property values and preserve the image of the City. (b)Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Antennas: A device placed outdoors and mounted on the rooftop or facade of a building or other support structure and used to transmit and/or receive radio or electromagnetic waves. The definition of the term "antennas" does not include satellite dishes six feet in height or shorter, whip antennas one inch or less in diameter, or television antennas having a total length of six feet or less, which are located on a dwelling or other permitted building. Co-locate or Co-location: To place, mount, install, operate, modify or replace a telecommunications facility on an existing telecommunications tower or wireless support structure that is owned privately or by a local government unit. Eligible Facilities Request: A request made by an owner/operator pursuant to 47 USC 1455(a) and 47 CFR 1.40001(c), as the same may be amended, to modify an existing telecommunications facility that does not result in a substantial change to the physical dimensions of the telecommunications facility. Micro Wireless Facility: A wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches. Monopole: A freestanding, self-supporting telecommunications tower which uses a single pole, does not use a lattice design, and has no guy wires. Satellite Dish or Satellite Antenna: A round, conical or cone-shaped device more than 18 inches in diameter, placed outdoors on the ground or on a building or structure, and used to transmit and/or receive radio or electromagnetic waves. Small Wireless Facility: (1)A wireless facility that meets both of the following qualifications: a.Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet; and b.All other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in volume; or (2)A micro wireless facility. 8 124 Created: 2024-10-02 07:42:07 [EST] (Supp. No. 7 Upd 1) Telecommunications Facility: Towers, cables, wires, lines, wave guides, antennas, wireless facilities (including small and micro wireless facilities) and any other telecommunications or wireless equipment or accessories associated with the transmission or reception of communications or wireless services located or installed on or near a tower or antenna support structure. Telecommunications Tower: A self-supporting monopole, poles, or lattice structure constructed at normal grade and extending into the air at least 12 feet and used to support telecommunications facilities. Tower Height: The vertical distance from the average grade at the base of the telecommunications tower to the highest point of the tower or to the highest point of the highest telecommunications facilities on the tower whichever is higher. (c)Demonstration of Need. The applicant shall provide an analysis prepared by a radio or electrical engineer demonstrating that the proposed location of the antennas is necessary to meet the coverage and capacity needs of its system and that there is no existing antenna support structure that could adequately serve the area if antennas were placed on it. (d)Location of New Facilities. The following preferences, listed in ranked order, shall be followed for a new telecommunications facility (except small cell wireless facilities),or tower and each preference shall be analyzed to determine the most appropriate location: (1)Whenever possible, an existing telecommunications tower, structure or building shall be used to support the proposed telecommunications facility. If an existing building or structure is used, it shall be over 35 feet in height. Preference shall be given to existing light poles, high voltage utility towers and water towers. Public and commercial buildings four or more stories high which can more likely accommodate telecommunications facilities without obstructing views or being obtrusive to views shall be given preference over shorter buildings. (2)Less restrictive (heavier) zoning district shall be given preference over more restrictive zoning districts. (3)Sites with the least impact on residential areas shall be given preference over sites in or near residential areas. Where feasible and practical, telecommunications towers shall exceed the setback requirements by 50 percent when located adjacent to a property zoned residential. Also, where feasible and practical, antennas on lots zoned R-3 or R-4 shall be located discreetly on building rooftops or facades rather than on a new monopole. (4)In all cases, except for nonconforming existing telecommunications towers, the location must meet the zoning requirements. (5)Amateur radio towers in the R-1 and R-2 Zoning Districts are not required to co-locate. (e)Where Allowed. Telecommunications towers and antenna facilities shall be allowed in the City's zoning districts as specified in this section, provided that all of the requirements of this section are met. (f)Administrative Review. Notwithstanding the height restrictions of each zoning district, the following uses shall be permitted in all zoning districts, subject to administrative review and approval by the City Manager or his/her designee and the design and performance standards set forth in this section: (1)Antennas 15 feet in length or less when located on an existing building or structure (2)Satellite dishes meeting the following diameter and height limitations: Zoning Districts Maximum Diameter Maximum Height (if located on the ground) R-1 and R-2 One meter (3.28 feet) 10 feet R-3 and R-4 One meter (3.28 feet) 10 feet 9 125 Created: 2024-10-02 07:42:07 [EST] (Supp. No. 7 Upd 1) Institutional (except I-5 Sub- District) Two meters (6.56 feet) 10 feet Office Two meters (6.56 feet) 10 feet Commercial Two meters (6.56 feet) 10 feet Light Industrial Two meters (6.56 feet) 15 feet Industrial Two meters (6.56 feet) 18 feet Mixed Use Two meters (6.56 feet) 10 feet (3)Small wireless facilities not located in the public right-of-way (4)Small wireless facilities located in the public right-of-way. However, these facilities are regulated under Chapter 24, Article II, pertaining to right-of-way management (5)A one-time extension of the height of an existing telecommunications tower by 15 feet or less, provided that the total height of the telecommunications tower and all antennas does not exceed the total allowable height pursuant to this section; and (6)Temporary mobile telecommunications towers may be installed in the R-1 and R-2 Zoning Districts for emergency purposes only, and in all other zoning districts for testing purposes only, for a period not to exceed 100 days, subject to the following height limitations: Zoning Districts Maximum Height R-1 and R-2 (emergency only)66 feet R-3 and R-4 66 feet Institutional (except I-5 Sub-District) 100 feet Office 120 feet Commercial 120 feet Light Industrial 200 feet Industrial 200 feet Mixed Use 120 feet (g)Administrative Review Process. (1)Submittal Requirements. In additional to the general requirements, the applicant shall submit the following information: a.Complete site plan, survey, scaled schematic drawings, photographic perspectives, building elevations, antenna elevations showing the structure and placement of the telecommunications facility, signed by a registered architect, civil engineer, landscape architect, or other appropriate design professional b.Scaled drawings showing the size, location, materials and screening of the telecommunications facility, including the base unit or antenna support structure and all antennas and related equipment; and c.An analysis prepared by a radio or electrical engineer demonstrating that the proposed location of the antennas is necessary to meet the coverage and capacity needs of the applicant's system and that there is no existing antenna support structure that could adequately serve the area if antennas were placed on it. 10 126 Created: 2024-10-02 07:42:07 [EST] (Supp. No. 7 Upd 1) (2)Appeals. Decisions regarding the administrative review of permitted telecommunications facilities shall be subject to appeal to the Board of Zoning Appeals pursuant to this section. (h)Conditional Uses. The following uses may be allowed as conditional uses, subject to the provisions of this section: (1)Antennas exceeding 15 feet in length when located on an existing building or structure (2)Satellite dishes meeting the following diameter and height limitations: Zoning Districts Maximum Diameter Maximum Height R-1 and R-2 2 meters (6.56 feet) or less 10 feet or less, if located on the ground R-3 and R-4 2 meters (6.56 feet) or less 10 feet or less, if located on the ground Institutional (except I-5 Sub-District) 2 meters (6.56 feet) or less 10 feet or less, if located on the ground Office 9 meters (29.52 feet) or less 30 feet or less, if located on the ground Commercial 9 meters (29.52 feet) or less 30 feet or less, if located on the ground Light Industrial 9 meters (29.52 feet) or less 30 feet or less, if located on the ground Industrial 9 meters (29.52 feet) or less 30 feet or less, if located on the ground Mixed Use 9 meters (29.52 feet) or less 30 feet or less, if located on the ground (3)Telecommunications towers meeting the following height limitations: Zoning Districts Maximum Height R-1 and R-2 Prohibited, except for amateur radio towers 45 feet or less used by a licensed amateur radio operator residing on site. R-3 and R-4 75 feet Institutional (except I-5 Sub-District) 100 feet Office 120 feet Commercial 120 feet Light Industrial 200 feet Industrial 200 feet Mixed Use 120 feet (i)Conditional Use Review Process. (1)Submittal Requirements. In additional to the general conditional use requirements, the applicant shall submit the following information: a.Complete site plan, survey, scaled schematic drawings, photographic perspectives, building elevations, antenna elevations showing the structure and placement of the telecommunications facility, signed by a registered architect, civil engineer, landscape architect, or other appropriate design professional b.Scaled drawings showing the size, location, materials and screening of the telecommunications facility, including the base unit or antenna support structure and all antennas and related equipment; and c.An analysis prepared by a radio or electrical engineer demonstrating that the proposed location of the antennas is necessary to meet the coverage and capacity needs of the applicant's system 11 127 Created: 2024-10-02 07:42:07 [EST] (Supp. No. 7 Upd 1) and that there is no existing antenna support structure that could adequately serve the area if antennas were placed on it. (j)Design and Performance Standards for All Permitted and Conditional Telecommunications Facilities, Towers, and Antennas. The following design and performance standards are hereby established to meet the objectives of the City and the purposes of this section: (1)Telecommunications Towers. If a new telecommunications tower over 60 feet in height is to be constructed: a.The telecommunications tower must be designed to accommodate both the applicant's antennas and antennas for at least one additional comparable user b.The telecommunications tower must be designed to accept antennas mounted at additional heights c.The applicant, the telecommunications tower owner, the landowner, and their successors must allow the shared use of the telecommunications tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use; any such agreement shall require that disputes be submitted to binding arbitration; all interested parties must sign the conditional use permit agreeing to these requirements. (2)Placement. New telecommunications towers shall be placed on the site or within the site so as to be visually as unobtrusive as possible and existing trees and landscaping which can screen the telecommunications tower shall be preserved. Placement of new telecommunications towers or telecommunications facilities shall be consistent with the City's Natural Resource Management Plan and the Stormwater Management Plan to consider wetlands, floodplains, steep slopes, quality of existing vegetation, and utility, recreational, or other public purposes or uses of the property. (3)Interference. The placement, design, use, and operation of the telecommunications facilities shall comply with the Telecommunications Act of 1996 and the rules and regulations of the Federal Communications Commission. (4)Setbacks. a.No telecommunications tower shall be located in the required minimum front, side, or rear yard building setback of any lot. b.Exceptions. Use of existing light poles, high voltage poles or towers, and telecommunications towers are exempt from the setback requirements provided that such pole or telecommunications tower is not increased in height. c.Satellite dish. In the Institutional, Business and Industrial Zoning Districts, no satellite dish greater than two meters (6.56 feet) in diameter shall be located in the minimum required front or side yard setbacks. (5)Ground Structures. If the ground structure is a building, the design shall be compatible with the principal building. If no principal building is on the site, the building must be compatible with nearby buildings. Structures which are not buildings must be designed to be compatible with the area. (6)Structural. Telecommunications towers shall be approved by a licensed and qualified professional structural engineer to conform to the lateral and other structure standards of the most current uniform building code and to be structurally sound for conditions reasonably likely to occur on or near the site and be capable of carrying at least four separate antenna arrays if the telecommunications tower is higher than 130 feet. All other applicable requirements of other Federal, State, and other regulatory agencies must be met. (7)Guy Wires. Guy wires are prohibited for new telecommunications towers. 12 128 Created: 2024-10-02 07:42:07 [EST] (Supp. No. 7 Upd 1) (8)Security. Reasonable security measures shall be provided. If fencing is used, it must be decorative and landscaping shall be used to soften its impact. (9)Lighting. No telecommunications towers or antennas shall be artificially illuminated unless required by law or the Federal Aviation Administration. This provision does not prevent general exterior lighting of a building or steeple to meet aesthetic or functional objectives provided such lighting otherwise meets the provisions of the code. (10)Signs. No sign shall be located on a telecommunications tower or antenna except to provide necessary information as required to meet Federal, State, or local laws. (11)Landscaping and Screening. All telecommunications towers and related building facilities shall be landscaped and screened with natural vegetation to lessen the visual impact. The natural vegetation on the site shall be documented on the site plans and drawings submitted to the City Manager or his/her designee during the review and approval process. Suitable existing vegetation shall be retained to the extent possible based on an analysis of the site. New landscaping shall be shown on a landscape plan, which will be reviewed as part of the conditional use permit application. (12)Color. The finished color for the telecommunications tower shall be natural for the environment and setting and shall be permanent (e.g., anodized, baked enamel). (13)Access. Adequate access to the telecommunications facility must be provided from a public right-of- way to the telecommunications facility consistent with the type of facility constructed. (14)Parking. No off-street parking is required for telecommunications towers or antennas. However, if off- street parking is provided, it shall have a suitable base and be landscaped along the outside perimeter. (15)Antenna Locations and Mounting. The location and mounting of antennas on buildings and structures shall be done in accordance with the following: a.If mounted at the top of a telecommunications tower so that any portion of the antenna extends above the top of the tower, such extension is included in determining the height of the tower. b.If mounted on a public water tower, light pole, high voltage utility pole, steeple or similar structure, preference shall be given to placing the antennas on the side or on the support portion of the structure instead of on top of the facility. c.If mounted on a building, preference shall be given to placing the antenna on the side of the building mounted flush with the building and colored to match the background instead of a location on top of the building. However, any antenna mounted on the side of a building shall not extend above the roofline. (Satellite dishes may be more appropriately located on the roof and screened from view.) d.If mounted on the top of a building, preference shall be given to placing the antennas in the center portion of the building. In no event shall a rooftop antenna be located closer than 10 feet from all outside edges/perimeter of the building. e.Antennas located on the side or top of a building or structure shall be designed, colored, and maintained to blend in with the color and architecture of the building or structure. (k)Additional Standards for Public Property. The City recognizes that in certain locations and in certain circumstances it is appropriate public policy and in the best interest of the community to allow using some public land and structures for telecommunications facilities (except small and micro cell wireless facilities) because it may provide efficient use of resources and may reduce clutter by using existing facilities. Accordingly, the City supports consideration of the following when applications meet all other provisions of this section: 13 129 Created: 2024-10-02 07:42:07 [EST] (Supp. No. 7 Upd 1) (2)Encouraging and allowing existing City light and utility poles within the public right-of-way to be used as telecommunications towers in accordance with State law and subject to approval by the City Manager or his/her designee based on requirements set forth in Chapter 24, Article II, pertaining to right-of-way management. (3)Encouraging and allowing the use of the tower located on MnDOT property at the northwest quadrant of Trunk Highway 100 and Duluth Street. (4)Allowing public land and structures to be used for telecommunications facilities, but not in neighborhood parks as defined by the Comprehensive Plan. On school sites, telecommunications towers shall not exceed 100 feet. (l)Nonconforming Facilities. Legal nonconforming telecommunications facilities may be structurally altered to carry additional antenna arrays, provided that: (1)The overall height of the telecommunications facility is not increased. (2)The location of the telecommunications tower and the proposed change is not adverse to the use and enjoyment of the adjacent property. (3)The proposed change and plan meets the design and performance standards set forth in this section to the extent reasonably possible. (4)A review is made by the City allowing the change and subject to plans and conditions agreeable to the City and applicant. (m)Inspection. The City may inspect telecommunications towers, antenna support facilities, and the property on which such facilities are located to determine compliance with the City Code, City ordinances, regulations, and conditions of approval. The City may require repair or modification of the facility, site maintenance, or removal of the facility based on the results of the inspection. (n)Maintenance. Telecommunications towers and antennas and the site upon which they are located must be maintained in accordance with the following provisions: (1)Telecommunications tower owners must employ ordinary and reasonable care in construction and use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public. (2)Telecommunications tower owners must install and maintain telecommunications towers, telecommunications facilities, fixtures, and other equipment in compliance with the requirements of the National Electric Safety Code and all Federal Communications Commission, State and local regulations, and in such a manner that they will not interfere with the use of other property. (3)Telecommunications towers, telecommunications facilities, antenna support structures, and landscaped areas must be kept and maintained in good condition, order, and repair. (4)Maintenance or construction on telecommunications facilities, telecommunications towers, or antenna support structure must be performed by qualified maintenance and construction personnel. (5)Telecommunications towers and antennas must comply with radio frequency emissions standards of the Federal Communications Commission. (6)If the use of a telecommunications tower is discontinued by the tower owner or lessee, the tower owner or lessee must provide written notice to the City of its intent to discontinue use and the date when the use will be discontinued. (o)Removal. Any Telecommunications Tower or Antenna which is not used for 12 months shall be removed along with any associated above -ground facilities within 90 days of said 12 months unless an extension is approved by the City Council prior to the expiration of said 90 days. Failure to remove a telecommunications 14 130 Created: 2024-10-02 07:42:07 [EST] (Supp. No. 7 Upd 1) tower or antenna as provided by this subsection shall be deemed a nuisance and the City may act to abate such nuisance and require removal at the property owner's expense. (p)Eligible Facilities Request. Notwithstanding the foregoing, nothing in this section shall be read to allow the City to prohibit or deny an eligible facilities request. (Code 1988, § 11.71; Ord. No. 271, 2nd Series, 11-15-2002; Ord. No. 654, § 1, 1-2-2019) 15 131 237.163 USE AND REGULATION OF PUBLIC RIGHT-OF-WAY. Subdivision 1.Legislative finding.The legislature finds, and establishes the principle that, it is in the state's interest that the use and regulation of public rights-of-way be carried on in a fair, efficient, competitively neutral, and substantially uniform manner, while recognizing such regulation must reflect the distinct engineering, construction, operation, maintenance and public and worker safety requirements, and standards applicable to various users of public rights-of-way. Because of the potential for installation by telecommunication companies of multiple and competing facilities within the public rights-of-way, the legislature finds it is necessary to enact the provisions of this section and section 237.162 to specifically authorize local government units to regulate the use of public rights-of-way by telecommunications right-of-way users. Subd. 2.Generally.(a) Subject to this section, a telecommunications right-of-way user authorized to do business under the laws of this state or by license of the Federal Communications Commission may construct, maintain, and operate small wireless facilities, conduit, cable, switches, and related appurtenances and facilities along, across, upon, above, and under any public right-of-way. (b) Subject to this section, a local government unit has the authority to manage its public rights-of-way and to recover its rights-of-way management costs. Except as provided in subdivisions 3a, 3b, and 3c, the authority defined in this section may be exercised at the option of the local government unit and is not mandated under this section. A local government unit may, by ordinance: (1)require a telecommunications right-of-way user seeking to excavate or obstruct a public right-of-way for the purpose of providing telecommunications services to obtain a right-of-way permit to do so and to impose permit conditions consistent with the local government unit's management of the right-of-way; (2) require a telecommunications right-of-way user using, occupying, or seeking to use or occupy a public right-of-way for the purpose of providing telecommunications services to register with the local government unit by providing the local government unit with the following information: (i) the applicant's name, gopher state one-call registration number under section 216D.03, address, and telephone and facsimile numbers; (ii) the name, address, and telephone and facsimile numbers of the applicant's local representative; (iii) proof of adequate insurance; and (iv) other information deemed reasonably necessary by the local government unit for the efficient administration of the public right-of-way; and (3) require telecommunications right-of-way users to submit to the local government unit plans for construction and major maintenance that provide reasonable notice to the local government unit of projects that the telecommunications right-of-way user expects to undertake that may require excavation and obstruction of public rights-of-way. (c) A local government unit may also require a telecommunications right-of-way user that is registered with the local government unit pursuant to paragraph (b), clause (2), to periodically update the information in its registration application. (d) Notwithstanding sections 394.34 and 462.355, or any other law, a local government unit must not establish a moratorium with respect to: (1) filing, receiving, or processing applications for right-of-way or small wireless facility permits; or Official Publication of the State of Minnesota Revisor of Statutes 237.163MINNESOTA STATUTES 2023 16 132 (2) issuing or approving right-of-way or small wireless facility permits. (e) A telecommunications right-of-way user may place a new wireless support structure or collocate small wireless facilities on wireless support structures located within a public right-of-way, subject to the approval procedures under this section and, for collocation on wireless support structures owned by a local government unit, the reasonable terms, conditions, and rates set forth under this section. A local government unit may prohibit, regulate, or charge a fee to install wireless support structures or to collocate small wireless facilities only as provided in this section. (f) The placement of small wireless facilities and wireless support structures to accommodate small wireless facilities are a permitted use in a public right-of-way, except that a local government unit may require a person to obtain a special or conditional land use permit to install a new wireless support structure for the siting of a small wireless facility in a right-of-way in a district or area zoned for single-family residential use or within a historic district established by federal or state law or city ordinance as of the date of application for a small wireless facility permit. This paragraph does not apply to areas outside a public right-of-way that are zoned and used exclusively for single-family residential use. Subd. 3.Restoration.(a) A telecommunications right-of-way user, after an excavation of a public right-of-way, shall provide for restoration of the right-of-way and surrounding areas, including the pavement and its foundation, in the same condition that existed before the excavation. Local government units that choose to perform their own surface restoration required as a result of the excavation may require telecommunications right-of-way users to reimburse the reasonable costs of that surface restoration. Restoration of the public right-of-way must be completed within the dates specified in the right-of-way permit, unless the permittee obtains a waiver or a new or amended right-of-way permit. (b) If a telecommunications right-of-way user elects not to restore the public right-of-way, a local government unit may impose a degradation fee in lieu of restoration to recover costs associated with a decrease in the useful life of the public right-of-way caused by the excavation of the right-of-way by a telecommunications right-of-way user. (c)A telecommunications right-of-way user that disturbs uncultivated sod in the excavation or obstruction of a public right-of-way shall plant grasses that are native to Minnesota and, wherever practicable, that are of the local eco-type, as part of the restoration required under this subdivision, unless the owner of the real property over which the public right-of-way traverses objects. In restoring the right-of-way, the telecommunications right-of-way user shall consult with the Department of Natural Resources regarding the species of native grasses that conform to the requirements of this paragraph. Subd. 3a.Small wireless facility permits; general.(a) A local government unit: (1) may require a telecommunications right-of-way user to obtain a permit or permits under this section to place a new wireless support structure or collocate a small wireless facility in a public right-of-way managed by the local government unit; (2) must not require an applicant for a small wireless facility permit to provide any information that: (i) has previously been provided to the local government unit by the applicant in an application for a small wireless permit, which specific reference shall be provided to the local government unit by the applicant; and (ii) is not reasonably necessary to review a permit application for compliance with generally applicable and reasonable health, safety, and welfare regulations, and to demonstrate compliance with applicable Federal Official Publication of the State of Minnesota Revisor of Statutes MINNESOTA STATUTES 2023237.163 17 133 Communications Commission regulations governing radio frequency exposure, or other information required by this section; (3)must ensure that any application for a small wireless facility permit is processed on a nondiscriminatory basis; and (4) must specify that the term of a small wireless facility permit is equal to the length of time that the small wireless facility is in use, unless the permit is revoked under this section. (b)An applicant may file a consolidated permit application to collocate up to 15 small wireless facilities, or a greater number if agreed to by a local government unit, provided that all the small wireless facilities in the application: (1) are located within a two-mile radius; (2) consist of substantially similar equipment; and (3) are to be placed on similar types of wireless support structures. In rendering a decision on a consolidated permit application, a local government unit may approve a permit for some small wireless facilities and deny a permit for others, but may not use denial of one or more permits as a basis to deny all the small wireless facilities in the application. (c) If a local government unit receives applications within a single seven-day period from one or more applicants seeking approval of permits for more than 30 small wireless facilities, the local government unit may extend the 90-day deadline imposed in subdivision 3c by an additional 30 days. If a local government unit elects to invoke this extension, it must inform in writing any applicant to whom the extension will be applied. (d) A local government unit is prohibited from requiring a person to pay a small wireless facility permit fee, obtain a small wireless facility permit, or enter into a small wireless facility collocation agreement solely in order to conduct any of the following activities: (1) routine maintenance of a small wireless facility; (2) replacement of a small wireless facility with a new facility that is substantially similar or smaller in size, weight, height, and wind or structural loading than the small wireless facility being replaced; or (3) installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with national safety codes. A local government unit may require advance notification of these activities if the work will obstruct a public right-of-way. (e) Nothing in this subdivision affects the need for an entity seeking to place a small wireless facility on a wireless support structure that is not owned by a local government unit to obtain from the owner of the wireless support structure any necessary authority to place the small wireless facility, nor shall any provision of this chapter be deemed to affect the rates, terms, and conditions for access to or placement of a small wireless facility or a wireless support structure not owned by a local government unit. This subdivision does not affect any existing agreement between a local government unit and an entity concerning the placement of small wireless facilities on local government unit-owned wireless support structures. Official Publication of the State of Minnesota Revisor of Statutes 237.163MINNESOTA STATUTES 2023 18 134 (f) No later than six months after May 31, 2017, or three months after receiving a small wireless facility permit application from a wireless service provider, a local government unit that has elected to set forth terms and conditions of collocation in a standard small wireless facility collocation agreement shall develop and make available an agreement that complies with the requirements of this section and section 237.162. A standard small wireless facility collocation agreement shall be substantially complete. Notwithstanding any law to the contrary, the parties to a small wireless facility collocation agreement may incorporate additional terms and conditions mutually agreed upon into a small wireless facility collocation agreement. A small wireless facility collocation agreement between a local government unit and a wireless service provider is considered public data not on individuals and is accessible to the public under section 13.03. (g)An approval of a small wireless facility permit under this section authorizes the installation, placement, maintenance, or operation of a small wireless facility to provide wireless service and shall not be construed to confer authorization to (1) provide any service other than a wireless service, or (2) install, place, maintain, or operate a wireline backhaul facility in the right-of-way. (h) The terms and conditions of collocation under this subdivision: (1) may be set forth in a small wireless facility collocation agreement, if a local government unit elects to utilize such an agreement; (2) must be nondiscriminatory, competitively neutral, and commercially reasonable; and (3) must comply with this section and section 237.162. Subd. 3b.Small wireless facility permits; placement.(a) A local government unit may not require the placement of small wireless facilities on any specific wireless support structure other than the wireless support structure proposed in the permit application. (b) A local government unit must not limit the placement of small wireless facilities, either by minimum separation distances between small wireless facilities or maximum height limitations, except that each wireless support structure installed in the right-of-way after May 31, 2017, shall not exceed 50 feet above ground level, unless the local government unit agrees to a greater height, subject to local zoning regulations, and may be subject to separation requirements in relation to other wireless support structures. (c)Notwithstanding paragraph (b), a wireless support structure that replaces an existing wireless support structure that is higher than 50 feet above ground level may be placed at the height of the existing wireless support structure, unless the local government unit agrees to a greater height, subject to local zoning regulations. (d) Wireless facilities constructed in the right-of-way after May 31, 2017, may not extend more than ten feet above an existing wireless support structure in place as of May 31, 2017. Subd. 3c.Small wireless facility permits; approval.(a) Except as provided in subdivision 4, a local government unit shall issue a small wireless facility permit to a telecommunications right-of-way user seeking to install a new or replacement wireless support structure for a small wireless facility, or to collocate a small wireless facility on a wireless support structure in a public right-of-way. In processing and approving a small wireless facility permit, a local government unit may condition its approval on compliance with: (1) generally applicable and reasonable health, safety, and welfare regulations consistent with the local government unit's public right-of-way management; (2) reasonable accommodations for decorative wireless support structures or signs; and Official Publication of the State of Minnesota Revisor of Statutes MINNESOTA STATUTES 2023237.163 19 135 (3) any reasonable restocking, replacement, or relocation requirements when a new wireless support structure is placed in a public right-of-way. (b) A local government unit has 90 days after the date a small wireless facility permit application is filed to issue or deny the permit, or the permit is automatically issued. To toll the 90-day clock, the local government unit must provide a written notice of incompleteness to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information. Information delineated in the notice is limited to documents or information publicly required as of the date of application and reasonably related to a local government unit's determination whether the proposed equipment falls within the definition of a small wireless facility and whether the proposed deployment satisfies all health, safety, and welfare regulations applicable to the small wireless facility permit request. Upon an applicant's submittal of additional documents or information in response to a notice of incompleteness, the local government unit has ten days to notify the applicant in writing of any information requested in the initial notice of incompleteness that is still missing. Second or subsequent notices of incompleteness may not specify documents or information that were not delineated in the original notice of incompleteness. Requests for information not requested in the initial notice of incompleteness do not toll the 90-day clock. Parties can mutually agree in writing to toll the 90-day clock at any time. Section 15.99 does not apply to this paragraph or paragraph (c). For the purposes of this subdivision, "toll the 90-day clock" means to halt the progression of days that count towards the 90-day deadline. (c)Except as provided in subdivision 3a, paragraph (c), a small wireless facility permit and any associated encroachment or building permit required by a local government unit, are deemed approved if the local government unit fails to approve or deny the application within 90 days after the permit application has been filed, unless the applicant and the local government unit have mutually agreed in writing to extend the 90-day deadline. (d) Nothing in this subdivision precludes a local government unit from applying generally applicable and reasonable health, safety, and welfare regulations when evaluating and deciding to approve or deny a small wireless facility permit. Subd. 4.Permit denial or revocation.(a) A local government unit may deny any application for a right-of-way or small wireless facility permit if the telecommunications right-of-way user does not comply with a provision of this section. (b) A local government unit may deny an application for a right-of-way permit if the local government unit determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the public right-of-way and its current use. (c) A local government unit may revoke a right-of-way or small wireless facility permit granted to a telecommunications right-of-way user, with or without fee refund, in the event of a substantial breach of the terms and conditions of statute, ordinance, rule, or regulation or any material condition of the permit. A substantial breach by a permittee includes, but is not limited to, the following: (1) a material violation of a provision of the right-of-way or small wireless facility permit; (2) an evasion or attempt to evade any material provision of the right-of-way or small wireless facility permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the local government unit or its citizens; (3) a material misrepresentation of fact in the right-of-way or small wireless facility permit application; Official Publication of the State of Minnesota Revisor of Statutes 237.163MINNESOTA STATUTES 2023 20 136 (4) a failure to complete work in a timely manner, unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee's control; and (5)a failure to correct, in a timely manner, work that does not conform to applicable standards, conditions, or codes, upon inspection and notification by the local government unit of the faulty condition. (d) Subject to this subdivision, a local government unit may not deny an application for a right-of-way or small wireless facility permit for failure to include a project in a plan submitted to the local government unit under subdivision 2, paragraph (b), clause (3), when the telecommunications right-of-way user has used commercially reasonable efforts to anticipate and plan for the project. (e) In no event may a local government unit unreasonably withhold approval of an application for a right-of-way or small wireless facility permit, or unreasonably revoke a permit. (f) Any denial or revocation of a right-of-way or small wireless facility permit must be made in writing and must document the basis for the denial. The local government unit must notify the telecommunications right-of-way user in writing within three business days of the decision to deny or revoke a permit. If a permit application is denied, the telecommunications right-of-way user may cure the deficiencies identified by the local government unit and resubmit its application. If the telecommunications right-of-way user resubmits the application within 30 days of receiving written notice of the denial, it may not be charged an additional filing or processing fee. The local government unit must approve or deny the revised application within 30 days after the revised application is submitted. Subd. 5.Appeal.A telecommunications right-of-way user that: (1) has been denied registration; (2) has been denied a right-of-way permit; (3) has had its right-of-way permit revoked; or (4) believes that the fees imposed on the user by the local government unit do not conform to the requirements of subdivision 6, may have the denial, revocation, or fee imposition reviewed, upon written request, by the governing body of the local government unit. The governing body of the local government unit shall act on a timely written request at its next regularly scheduled meeting. A decision by the governing body affirming the denial, revocation, or fee imposition must be in writing and supported by written findings establishing the reasonableness of the decision. Subd. 6.Fees.(a) A local government unit may recover its right-of-way management costs by imposing a fee for registration, a fee for each right-of-way or small wireless facility permit, or, when appropriate, a fee applicable to a particular telecommunications right-of-way user when that user causes the local government unit to incur costs as a result of actions or inactions of that user. A local government unit may not recover costs from a telecommunications right-of-way user or an owner of a cable communications system awarded a franchise under chapter 238 caused by another entity's activity in the right-of-way. (b) Fees, or other right-of-way obligations, imposed by a local government unit on telecommunications right-of-way users under this section must be: (1) based on the actual costs incurred by the local government unit in managing the public right-of-way; (2) based on an allocation among all users of the public right-of-way, including the local government unit itself, which shall reflect the proportionate costs imposed on the local government unit by each of the various types of uses of the public rights-of-way; (3) imposed on a competitively neutral basis; and (4) imposed in a manner so that aboveground uses of public rights-of-way do not bear costs incurred by the local government unit to regulate underground uses of public rights-of-way. Official Publication of the State of Minnesota Revisor of Statutes MINNESOTA STATUTES 2023237.163 21 137 (c) The rights, duties, and obligations regarding the use of the public right-of-way imposed under this section must be applied to all users of the public right-of-way, including the local government unit while recognizing regulation must reflect the distinct engineering, construction, operation, maintenance and public and worker safety requirements, and standards applicable to various users of the public rights-of-way. For users subject to the franchising authority of a local government unit, to the extent those rights, duties, and obligations are addressed in the terms of an applicable franchise agreement, the terms of the franchise shall prevail over any conflicting provision in an ordinance. (d) A wireless service provider may collocate small wireless facilities on wireless support structures owned or controlled by a local government unit and located within the public roads or rights-of-way without being required to apply for or enter into any individual license, franchise, or other agreement with the local government unit or any other entity, other than a standard small wireless facility collocation agreement under subdivision 3a, paragraph (f), if the local unit of government elects to utilize such an agreement. (e) Any initial engineering survey and preparatory construction work associated with collocation must be paid by the cost causer in the form of a onetime, nonrecurring, commercially reasonable, nondiscriminatory, and competitively neutral charge to recover the costs associated with a proposed attachment. (f) Total application fees for a small wireless facility permit must comply with this subdivision with respect to costs related to the permit. (g)A local government unit may elect to charge each small wireless facility attached to a wireless support structure owned by the local government unit a fee, in addition to other fees or charges allowed under this subdivision, consisting of: (1) up to $150 per year for rent to occupy space on a wireless support structure; (2)up to $25 per year for maintenance associated with the space occupied on a wireless support structure; and (3) a monthly fee for electricity used to operate a small wireless facility, if not purchased directly from a utility, at the rate of: (i) $73 per radio node less than or equal to 100 max watts; (ii) $182 per radio node over 100 max watts; or (iii) the actual costs of electricity, if the actual costs exceed the amount in item (i) or (ii). Subd. 7.Additional right-of-way provisions.(a) In managing the public rights-of-way and in imposing fees under this section, no local government unit may: (1) unlawfully discriminate among telecommunications right-of-way users; (2) grant a preference to any telecommunications right-of-way user; (3) create or erect any unreasonable requirement for entry to the public rights-of-way by telecommunications right-of-way users; or (4) require a telecommunications right-of-way user to obtain a franchise or pay for the use of the right-of-way. (b) A telecommunications right-of-way user need not apply for or obtain right-of-way permits for facilities that are located in public rights-of-way on May 10, 1997, for which the user has obtained the Official Publication of the State of Minnesota Revisor of Statutes 237.163MINNESOTA STATUTES 2023 22 138 required consent of the local government unit, or that are otherwise lawfully occupying the public right-of-way. However, the telecommunications right-of-way user may be required to register and to obtain a right-of-way permit for an excavation or obstruction of existing facilities within the public right-of-way after May 10, 1997. (c) Data and documents exchanged between a local government unit and a telecommunications right-of-way user are subject to the terms of chapter 13. A local government unit not complying with this paragraph is subject to the penalties set forth in section 13.08. (d) A local government unit may not collect a fee imposed under this section through the provision of in-kind services by a telecommunications right-of-way user, nor may a local government unit require the provision of in-kind services as a condition of consent to use the local government unit's public right-of-way or to obtain a small wireless facility permit. (e) Except as provided in this chapter or required by federal law, a local government unit shall not adopt or enforce any regulation on the placement or operation of communications facilities in the right-of-way where the entity is already authorized to operate in the right-of-way, and shall not regulate or impose or collect fees on communications services except to the extent specifically provided for in the existing authorization, and unless expressly required by state or federal statute. Subd. 8.Uniform statewide standards.(a) To ensure the safe and convenient use of public rights-of-way in the state, the Public Utilities Commission shall develop and adopt by June 1, 1999, statewide construction standards for the purposes of achieving substantial statewide uniformity in construction standards where appropriate, providing competitive neutrality among telecommunications right-of-way users, and permitting efficient use of technology. The standards shall govern: (1) the terms and conditions of right-of-way construction, excavation, maintenance, and repair; and (2) the terms and conditions under which telecommunications facilities and equipment are placed in the public right-of-way. (b) The Public Utilities Commission is authorized to review, upon complaint by an aggrieved telecommunications right-of-way user, a decision or regulation by a local government unit that is alleged to violate a statewide standard. (c) A local unit of government may not adopt an ordinance or other regulation that conflicts with a standard adopted by the commission for the purposes described in paragraph (a). Subd. 9.Authorized contractors.(a) Nothing in this section precludes a telecommunications right-of-way user from authorizing another entity or individual to act on its behalf to install, construct, maintain, or repair a facility or facilities owned or controlled by the telecommunications right-of-way user. (b) A local government unit is prohibited from imposing fees or requirements on an authorized entity or individual for actions on behalf of a telecommunications right-of-way user that are in addition to or different from the fees and requirements it is authorized to impose on the telecommunications right-of-way user under this section. Subd. 10.Exemptions.(a) Notwithstanding any other provision in this chapter, this section does not apply to a wireless support structure owned, operated, maintained, or served by a municipal electric utility. (b) Subdivisions 3a, 3b, 3c, and subdivision 6, paragraphs (d) through (g), and subdivision 7, paragraph (e), do not apply to the collocation or regulation of small wireless facilities issued a permit by a local Official Publication of the State of Minnesota Revisor of Statutes MINNESOTA STATUTES 2023237.163 23 139 government unit before May 31, 2017, under an ordinance enacted before May 18, 2017, that regulates the collocation of small wireless facilities. History: 1997 c 123 s 4; 1998 c 345 s 4; 2017 c 94 art 9 s 12-20 Official Publication of the State of Minnesota Revisor of Statutes 237.163MINNESOTA STATUTES 2023 24 140 RESOLUTION NO. 24-077 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 788 WHEREAS, the City has adopted the above referenced amendment of the Golden Valley City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of the publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that the following summary is hereby approved for official publication: SUMMARY PUBLICATION ORDINANCE NO. 788 Amending Chapter 113-154 Zoning in Order to Update the Regulations for Telecommunications Facilities This is a summary of the provisions of Ordinance No. 788 which has been approved for publication by the City Council. At the December 3, 2024, City Council meeting, the Golden Valley City Council enacted Ordinance No. 788 amending City Code, Chapter 113-154 Telecommunication Facilities, regarding Small and Micro Cell Wireless facilities. The full ordinance is available to the public at the City Clerk’s Office, 7800 Golden Valley Road during normal business hours and online at https://www.goldenvalleymn.gov/179/City-Code-and-Proposed- Ordinances. Adopted by the City Council of the City of Golden Valley, Minnesota on December 3, 2024. ____________________________ Roslyn Harmon, Mayor Attested: ____________________ Theresa Schyma, City Clerk 141 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 3, 2024 Agenda Item 4B.2. First Reading of Ordinance No. 790 Telecommunications Code Update (Right-of-Way), Amending Code Chapter 24, Article II - Right-of-Way Management Prepared By Michael Ryan, City Engineer Summary In 2023, Minnesota Statute 237.163 added a rule prohibiting municipalities from limiting the placement of small wireless facilities based on location: "Subd. 3b. Small wireless facility permits; placement. (a) A local government unit may not require the placement of small wireless facilities on any specific wireless support structure other than the wireless support structure proposed in the permit application." City Code was regarding telecommunications and small wireless facilities was previously revised in 2019, and requires modification to conform to current Federal Communications Commission (FCC) standards. As such, staff is proposing to amend City Code Chapter 24, Article II - Right-of-Way Management to clarify that placement of small wireless facilities is exempt from the spacing requirements of other wireless support structures and utility poles. The proposed update to the City's Right-of-Way code is contained in Section 24-52 - Wireless Aesthetic Standards, paragraph (g) (1) (a). This update proposes that the statement "Except for small wireless facilities," precedes the existing paragraph. No further updates to Right-of-Way code are proposed. Financial or Budget Considerations There are no financial or budgetary impacts to amending the ordinance. Legal Considerations The City Attorney has reviewed the ordinance. Equity Considerations This update to City Code will align with Minnesota Statutes, collectively allowing for improvements to 4G and 5G mobile/cellular network capacity. This effort makes more 4G/5G spectrum available, uses spectrum more efficiently, and densifies mobile/cellular networks where necessary. Recommended Action 142 Motion to Adopt First Reading of Ordinance No. 790 Telecommunications Code Update (Right-of- Way), Amending Code Chapter 24, Article II, Right-of-Way Management. Supporting Documents Ordinance No. 790 - Telecommunications - Wireless Aesthetic Standards 143 ORDINANCE NO. 790 AN ORDINANCE AMENDING THE CITY CODE AMENDING CODE CHAPTER 24, ARTICLE II, RIGHT-OF-WAY MANAGEMENT The City Council of the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 24, Article II, Right-of-Way Management, Section 24-52. Wireless aesthetic standards. (g) Location criteria for new or replacement wireless support structures. (1) a. is hereby amended as follows: a.Except for small wireless facilities, aA minimum of two lot lines, or approximately 200 feet, whichever is greater, from any existing wireless support structure or utility pole on the same side of the street or right-of-way, and one lot line or approximately 100 feet, whichever is greater when on the opposite sides of the street or right-of-way. Section 2. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council of the City of Golden Valley, Minnesota this 17th day of December, 2024. _____________________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 144 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 3, 2024 Agenda Item 6A. Public Input and Approval of Resolution No. 24-078 to Adopt the Final 2025 Budget of the General Fund Budget and Resolution No. 24-079 Adopting the Property Tax Levies for Taxes Payable in 2025 Prepared By Lyle Hodges, Finance Director Summary At this meeting, City Council will consider the resolution adopting the final property tax levies for taxes payable 2025 and the 2025 General Fund budget. The 2026 budget is for future planning purposes and is approved "in-concept" only. The property tax levy, included as part of the 2025-2026 Proposed Budget, is $34,745,830. The General Fund levy portion is $27,965,845 and the Bonded Debt Levy is $6,779,985. At the meeting City staff will make a short presentation reviewing the Proposed 2025- 2026 General Fund Budget and Proposed Tax Levies Payable in 2025. Financial or Budget Considerations The supporting documents set the budget for 2025. The budget is a plan that will give departments a guideline to conduct business. Legal Considerations MN Statutes defines the Truth in Taxation process. Equity Considerations The proposed budget strives to advance the equity goals of the City by funding infrastructure, programs, and services that provide opportunities and resources for all. The process for adoption includes the ability for any member of the public to provide feedback. Recommended Action 1. Motion to Approve Resolution No. 24-078 Adopting the 2025 Budget of the General Fund. 2. Motion to Approve Resolution No. 24-079 Adopting the Property Tax Levies for Taxes Payable 2025. Supporting Documents 2025 GF Summary File - Expenditure 2025 GF Summary File - Revenue Res. No. 24-078 - Adopting the 2025 Budget General Fund Res. No. 24-079 Adopting Proposed 2025-2026 Budget and Proposed Tax Levies Payable in 2025 145 2022 2023 2024 2024 2025 2025 2026 ACTUAL Actual Adopted Estimated Concept Proposed CONCEPT 001 COUNCIL 1001 COUNCIL 430,130$ 417,668$ 294,970$ 294,970$ 305,930$ 304,175$ 306,411$ 1002 PEACE COMMISSION 267 3,022 5,100 5,100 5,200 5,200 5,200 1003 DIVERSITY EQUITY INCLUSION 1,566 2,452 5,300 5,300 5,400 5,400 5,400 1040 ENVIRONMENTAL COMMISSION - - 3,500 3,500 3,500 3,500 3,500 1050 PLANNING COMMISSION 1,398 143 3,805 3,805 3,805 3,805 3,805 1060 PARK & OPEN SPACE COMM 353 752 1,100 1,100 1,100 1,100 1,100 1070 BOARD OF ZONING APPEALS 633 86 1,145 1,145 1,145 1,145 1,145 1142 ELECTIONS (MOVED IN 2024) 64,621 27,570 - - - - - TOTAL DIVISION (001)498,968 451,692 314,920 314,920 326,080 324,325 326,561 003 CITY MANAGER 1030 CITY MANAGER 1,293,470 1,450,087 401,740 401,740 417,710 725,152 698,506 TOTAL DIVISION (003)1,293,470 1,450,087 401,740 401,740 417,710 725,152 698,506 004 TRANSFERS OUT 1025 TRANSFERS OUT - 3,515,000 3,375,000 3,375,000 3,525,000 3,275,000 3,275,000 TOTAL DIVISION (004)- 3,515,000 3,375,000 3,375,000 3,525,000 3,275,000 3,275,000 005 FINANCE 1101 GENERAL SERVICES 839,125 886,274 923,770 923,770 954,500 682,157 712,665 1102 ACCOUNTING 414,286 441,919 534,030 534,030 565,360 548,509 577,215 1105 COMPUTER SERVICES 1,170,885 1,481,366 - - - - - TOTAL DIVISION (005)2,424,296 2,809,560 1,457,800 1,457,800 1,519,860 1,230,666 1,289,880 006 LEGAL SERVICES 1121 LEGAL SERVICES 367,498 359,117 457,215 457,215 573,990 631,819 643,876 1122 CITY CLERK (MOVED IN 2024) - - 188,835 188,835 199,250 336,646 343,512 1123 ELECT & VOTER REG. (MOVED 2024)- 4,423 129,745 129,745 53,070 54,595 92,379 TOTAL DIVISION (006)367,498 363,540 775,795 775,795 826,310 1,023,060 1,079,766 007 RISK MANAGEMENT 1115 INSURANCE 277,610 341,320 380,000 380,000 400,000 400,000 400,000 TOTAL DIVISION (007)277,610 341,320 380,000 380,000 400,000 400,000 400,000 008 ADMINISTRATIVE SERVICES 1037 INFORMATION TECHNOLOGY - - 1,633,155 1,633,155 1,662,740 1,816,952 1,949,046 1038 HUMAN RESOURCES - - 501,380 501,380 478,415 754,577 748,167 1039 DIVERSITY, EQUITY AND INCLUSION - - 326,650 326,650 343,670 347,518 356,219 TOTAL DIVISION (008)- - 2,461,185 2,461,185 2,484,825 2,919,046 3,053,433 009 COMMUNICATIONS 1036 COMMUNICATIONS - 462,695 462,695 497,190 546,209 550,361 TOTAL DIVISION (009)- - 462,695 462,695 497,190 546,209 550,361 011 BUILDING OPERATIONS 1180 BUILDING OPERATIONS 911,886 912,871 992,560 992,560 1,013,935 1,099,082 1,099,082 TOTAL DIVISION (011)911,886 912,871 992,560 992,560 1,013,935 1,099,082 1,099,082 016 PLANNING 1166 PLANNING 392,458 417,771 523,380 523,380 541,080 746,207 778,564 TOTAL DIVISION (016)392,458 417,771 523,380 523,380 541,080 746,207 778,564 018 INSPECTIONS 1162 INSPECTIONS 884,310 948,516 1,015,405 1,015,405 1,049,195 1,023,751 1,054,734 TOTAL DIVISION (018)884,310 948,516 1,015,405 1,015,405 1,049,195 1,023,751 1,054,734 022 POLICE 1300 POLICE ADMINISTRATION 1,112,954 1,503,496 1,348,155 1,348,155 1,360,150 1,530,079 1,632,916 1320 POLICE OPERATIONS 4,713,862 4,588,857 7,045,405 7,045,405 6,960,265 6,490,968 6,669,762 1323 TOWARDS ZERO DEATHS 1,117 - - - - - - TOTAL DIVISION (022)5,827,933 6,092,353 8,393,560 8,393,560 8,320,415 8,021,047 8,302,678 023 FIRE 1346 FIRE ADMINISTRATION 1,775,050 1,815,048 2,318,220 2,318,220 2,427,270 2,506,743 2,776,048 TOTAL DIVISION (023)1,775,050 1,815,048 2,318,220 2,318,220 2,427,270 2,506,743 2,776,048 035 COMMUNITY DEVELOPMENT 1400 COMMUNITY DEVELOPMENT 332,680 271,588 374,135 374,135 392,565 445,777 466,857 TOTAL DIVISION (035)332,680 271,588 374,135 374,135 392,565 445,777 466,857 / PROGRAM DIVISION CITY OF GOLDEN VALLEY 2025 - 2026 OPERATING BUDGET 146 2022 2023 2024 2024 2025 2025 2026 ACTUAL Actual Adopted Estimated Concept Proposed CONCEPT / PROGRAM DIVISION CITY OF GOLDEN VALLEY 2025 - 2026 OPERATING BUDGET 036 ENGINEERING 1420 GENERAL ENGINEERING 560,112 549,224 697,635 697,635 713,735 770,211 906,782 TOTAL DIVISION (036)560,112 549,224 697,635 697,635 713,735 770,211 906,782 037 STREETS 1440 STREET MAINTENANCE 1,950,782 2,117,227 2,292,745 2,292,745 2,364,505 2,393,524 2,523,547 1448 SNOW AND ICE CONTROL 288,100 299,930 286,430 286,430 296,530 297,150 324,161 1449 STREET LIGHTS 243,403 295,531 255,000 255,000 262,500 295,000 324,161 1450 TRAFFIC SIGNALS 28,647 47,659 59,500 59,500 62,750 65,500 71,750 TOTAL DIVISION (037)2,510,932 2,760,347 2,893,675 2,893,675 2,986,285 3,051,174 3,243,619 066 PARK AND REC ADMINISTRATION 1600 PARK AND REC ADM 948,660 932,327 1,084,010 1,084,010 1,118,140 1,096,097 1,138,388 TOTAL DIVISION (066)948,660 932,327 1,084,010 1,084,010 1,118,140 1,096,097 1,138,388 067 PARK MAINTENANCE 1620 PARK MAINTENANCE 1,207,422 1,357,806 1,439,510 1,439,510 1,496,960 1,603,848 1,663,013 1646 TREE MAINTENANCE 316,026 355,931 305,405 305,405 324,920 340,651 383,884 TOTAL DIVISION (067)1,523,448 1,713,737 1,744,915 1,744,915 1,821,880 1,944,499 2,046,897 068 PARK AND REC PROGRAMS ADULT PROGRAMS: 1596 ADULT-ATHLETICS 15,126 13,364 12,740 12,740 14,740 14,756 14,772 1597 ADULT-SOFTBALL 27,304 23,361 34,625 34,625 38,700 38,513 38,839 1680 ADULT-PROGRAMS & EVENTS 19,848 21,488 30,415 30,415 30,415 31,031 31,048 TOTAL ADULT PROGRAMS 62,278 58,214 77,780 77,780 83,855 84,299 84,659 YOUTH PROGRAMS: 1660 YOUTH-SUMMER PLAYGROUND 57,407 79,667 88,560 88,560 91,880 92,538 95,314 1670 YOUTH-PROGRAMS & EVENTS 23,606 35,808 57,770 57,770 58,980 59,781 60,618 1673 YOUTH-ATHLETICS 41,151 29,265 53,085 53,085 54,235 80,266 81,379 1679 YOUTH-RINK SUPERVISION 25,742 17,397 28,690 28,690 29,550 29,931 31,064 TOTAL YOUTH PROGRAMS 147,906 162,137 228,105 228,105 234,645 262,516 268,376 SENIOR PROGRAMS: 1691 SENIOR-PROGRAMS & EVENTS 14,658 19,596 31,625 31,625 32,250 32,558 33,394 1694 SENIOR-TRIPS 30,439 29,060 56,200 56,200 56,200 56,200 56,200 TOTAL SENIOR PROGRAMS 45,097 48,656 87,825 87,825 88,450 88,758 89,594 RONALD B DAVIS COMM CTR: 1695 MEADOWBROOK COMM CTR 41,606 40,131 50,350 50,350 51,700 52,080 53,529 TOTAL RONALD B DAVIS COMM CTR 41,606 40,131 50,350 50,350 51,700 52,080 53,529 TOTAL DIVISION (068)296,887 309,137 444,060 444,060 458,650 487,654 496,158 099 CONTINGENCIES 1900 CONTINGENCIES - - - - - 150,000 150,000 TOTAL DIVISION (099)- - - - - 150,000 150,000 GENERAL FUND TOTAL DIVISIONS 20,826,198$ 25,654,118$ 30,110,690$ 30,110,690$ 30,840,125$ 31,785,700$ 33,133,313$ 147 2022 2023 2024 2024 % 2024 Est. 2025 2025 % Change 2026 Actual Actual Adopted Estimated vs. Budget Concept Proposed 2024 to 2025 Concept AD VALOREM TAXES 4011 AD VALOREM TAXES 22,185,904 24,097,267 26,778,525 26,603,525 99.3% 27,566,499 27,965,845 4.4% 29,317,958 ALLOWANCE FOR ABATEMENTS/DEL - - (175,000) - 0.0% (175,000) (175,000) 0.0% (175,000) LESS HOMESTEAD CREDIT - - 0.0% 0.0% 4014 HOMESTEAD CREDIT - - - 0.0% 0.0% 4012 PENALTIES & INTEREST 22,095 - 10,000 - 0.0% 10,000 10,000 0.0% 10,000 TOTAL AD VALOREM TAXES 22,207,999 24,097,267 26,613,525 26,603,525 0.0% 27,401,499 27,800,845 4.3% 29,152,958 LICENSES 4023 LICENSE-NEW/USED VEHICLES 5,200 5,600 400 4,000 1000.0% 400 4,000 900.0% 4,000 4025 LICENSE-TEMPORARY LIQUOR 300 600 200 500 250.0% 200 500 150.0% 500 4026 LICENSE-WINE ON/SALES 15,333 4,000 14,000 10,000 71.4% 14,000 14,000 0.0% 14,000 4027 LICENSE-LIQUOR ON/SALE 96,600 80,000 96,600 96,600 100.0% 96,600 96,600 0.0% 96,600 4028 LICENSE-LIQUOR OFF SALE 1,000 600 1,000 1,000 100.0% 1,000 1,000 0.0% 1,000 4029 LICENSE-NONINTOX ON SALE 3,000 1,000 3,000 3,000 100.0% 3,000 3,000 0.0% 3,000 4030 LICENSE-NONINTOX OFF SALE 600 600 600 600 100.0% 600 600 0.0% 600 4031 LICENSE-SUNDAY LIQUOR 2,700 2,000 2,700 2,700 100.0% 2,700 2,700 0.0% 2,700 4033 LICENSE-CIGARETTE 4,500 4,500 4,050 4,500 111.1% 4,050 4,500 11.1% 4,500 4034 LICENSE-DOG (KENNEL) - - 1,000 1,000 100.0% 1,000 1,000 0.0% 1,000 4038 LICENSE-GARBAGE COLLECTORS 4,700 10,800 4,700 4,700 100.0% 4,700 4,700 0.0% 4,700 4041 LICENSE-PEDDLER/SOLICITOR 450 1,770 180 1,500 833.3% 180 1,500 733.3% 1,500 4044 LICENSE-GAS STATION 3,500 3,575 3,350 3,350 100.0% 3,350 3,350 0.0% 3,350 4046 LICENSE-APARTMENT 93,544 102,763 90,000 97,500 108.3% 90,000 97,500 8.3% 97,500 4048 LICENSE-AMUSE DEVIC 250 - 250 250 100.0% 250 250 0.0% 250 4052 LICENSE-HEATING 12,900 13,275 12,575 12,575 100.0% 12,575 12,575 0.0% 12,575 4058 LICENSE-MASSAGE 4,300 6,700 3,700 5,000 135.1% 3,700 5,000 135.1% 5,000 4059 LICENCE-CHICKEN COOP/RUN 325 425 250 400 160.0% 250 400 60.0% 400 4060 LICENSE-THC 900 550 250 750 300.0% 250 750 200.0% 750 TOTAL LICENSES 250,102 238,758 238,805 249,925 103.1% 238,805 253,925 7.9% 253,925 PERMITS 4101 PERMIT-BUILDING 908,124 2,204,461 1,000,000 1,250,000 125.0% 1,000,000 1,250,000 25.0% 1,250,000 4102 PERMIT-PLUMBING 107,629 151,842 60,000 85,000 141.7% 60,000 85,000 41.7% 85,000 4103 PERMIT-SEWER 21,050 29,100 5,000 20,000 400.0% 5,000 20,000 300.0% 20,000 4104 PERMIT-HEATING 307,624 309,945 150,000 200,000 133.3% 150,000 200,000 33.3% 200,000 4105 PERMIT-WATER 1,850 3,300 1,800 1,800 100.0% 1,800 1,800 0.0% 1,800 4107 PERMIT-STREET EXCAVATING 55,733 94,704 28,000 50,000 178.6% 28,000 50,000 78.6% 50,000 4108 PERMIT-FIRE 38,271 31,545 20,000 35,000 175.0% 20,000 20,000 0.0% 20,000 4109 PERMIT-BILLBOARD 4,700 4,410 3,000 6,000 200.0% 3,000 3,000 0.0% 3,000 4114 PERMIT-TEMPORARY OCCUPENCY 300 1,200 - - 0.0% - - 0.0% 4115 PERMIT-REFUNDS(20%) (3,663) 980 500 500 100.0% 500 500 0.0% 500 4116 PERMIT-GRADING/DRAINAGE/EROSI 12,100 8,930 6,000 8,000 133.3% 6,000 8,000 33.3% 8,000 4117 PERMIT-TREE PRESERVATION 6,000 3,700 1,200 1,200 100.0% 1,200 1,200 0.0% 1,200 4118 PERMIT-EASEMENT - 1,000 - - 0.0% - - 0.0% 4119 PERMIT-ELECTRICAL 102,944 149,880 75,000 100,000 133.3% 75,000 75,000 0.0% 75,000 4120 PERMIT-FIREWORKS 100 300 100 100 100.0% 100 100 0.0% 100 4121 PERMIT-SPECIAL EVENTS 125 100 50 50 100.0% 50 50 0.0% 50 4122 ELECTRIC DOCUMENTATION FEE 29,244 28,866 13,000 25,000 192.3% 13,000 25,000 92.3% 25,000 TOTAL PERMITS 1,592,131 3,024,263 1,363,650 1,782,650 137.9% 1,363,650 1,739,650 27.6% 1,739,650 FEDERAL GRANTS (1) 4137 ARPA GRANT 125,000 60,000 - - 0.0% - - 0.0% - 4137 CARES MONIES - - - - 0.0% - - 0.0% - 4137 CARES MONIES-HENN CTY - - - - 0.0% - - 0.0% - 4131 FEMA GRANT - - - - 0.0% - - 0.0% - 4132 FED VEST PROGRAM - 3,434 - - 0.0% - - 0.0% - 4132.3 SAFE AND SOBER - - - - 0.0% - - 0.0% - TOTAL FEDERAL GRANTS 125,000 63,434 - - 0.0% - - 0.0% - STATE AID/GRANTS (1) 4146 ENERGY SECURITY GRANT - - - 0.0% - - 0.0% - 4149 LOCAL PERFORMANCE AID - - - - 0.0% - - 0.0% - 4150 FIRE POST BOARD TRAINING GRANT 425 25,915 16,000 32,000 200.0% 16,000 25,000 56.3% 25,000 4151 STATE AID - - - - 0.0% - - 0.0% - 4152 LOCAL GOVERNMENT AID (LGA) - - - - 0.0% - - 0.0% - 4153 POLICE TRAINING 20,697 977,343 16,000 - 0.0% 16,000 16,000 0.0% 16,000 4153.1 TOWARDS ZERO DEATHS (TZD) 1,991 - 3,000 - 0.0% 3,000 3,000 0.0% 3,000 4153.6 VEST REIMBURSEMENT GRANT 4,970 - - - 0.0% - - 0.0% - TOTAL STATE GRANTS 28,083 1,003,258 35,000 32,000 91.4% 35,000 44,000 20.5% 44,000 COUNTY AID/GRANTS (1) 4173 OTHER COUNTY GRANTS 1,000 3,750 4,280 4,280 100.0% 15,000 4,280 0.0% 4,280 TOTAL COUNTY GRANTS 1,000 3,750 4,280 4,280 100.0% 15,000 4,280 0.0% 4,280 City of Golden Valley Proposed 2025 - 2026 General Fund Revenue Report 148 2022 2023 2024 2024 % 2024 Est. 2025 2025 % Change 2026 Actual Actual Adopted Estimated vs. Budget Concept Proposed 2024 to 2025 Concept City of Golden Valley Proposed 2025 - 2026 General Fund Revenue Report GENERAL GOVERNMENT 4191 CERTIFICATION FEE 13,260 13,630 7,500 13,250 176.7% 7,500 13,250 76.7% 13,250 4174 OTHER GOVT UNITS - - - - 0.0% - - 0.0% - 4194 ADMIN LIQUOR LICENSE - - - - 0.0% - - 0.0% - 4196 GENERAL GOVT-GEN SER 1,930 (6,419) 1,000 1,000 100.0% 1,000 1,000 0.0% 1,000 4197 FILING FEES 50 25 15 15 100.0% - - -100.0% - 4200 LIQUOR LICENSE CHECKING 3,150 5,900 2,300 2,500 108.7% 2,300 2,500 8.7% 2,500 4203 COPY/MAILING FEES - 9 - - 0.0% - - 0.0% 4204 DOMESTIC PARTNERSHIP REG - 120 - - 0.0% - - 0.0% 4206 CITY T-SHIRTS - - - - 0.0% - - 0.0% 4207 LEGAL FEES 105 - - - 0.0% - - 0.0% TOTAL GENERAL GOVERMENT 18,495 13,265 10,815 16,765 155.0% 10,800 16,750 54.9% 16,750 PUBLIC SAFETY 4226 BRECK TRAFFIC CONTROL 30,620 33,654 30,000 34,000 113.3% 30,000 35,000 16.7% 35,500 4228 ALARM ORDINANCE VIOLATION 9,028 5,700 3,700 3,700 100.0% 3,700 5,000 35.1% 5,000 4229 SECURITY SERVICES (209) - - - 0.0% - - 0.0% - 4230 POLICE DEPT CHARGES 6,159 3,710 1,000 0.0% - 1,000 0.0% 1,000 SCHOOL RESOURCE OFFICER-281 - 0.0% - - 0.0% - 4231 FIRE DEPT CHARGES 582 2,150 850 850 100.0% 850 850 0.0% 850 4232 ANIMAL IMPOUND FEES 332 290 200 500 250.0% 200 500 150.0% 500 4233 ACCIDENT REPORTS - - - - 0.0% - - 0.0% - 4237 NUISANCE VIOLATION (300) 650 - - 0.0% - - 0.0% - 4239 ANIMAL IMPOUND CONTRACT-RO 2,480 2,194 1,800 2,000 111.1% 1,800 1,800 0.0% 1,800 TOTAL PUBLIC SAFETY 48,692 48,348 36,550 42,050 115.0% 36,550 44,150 20.8% 44,650 PUBLIC WORKS/COMMUNNITY DEVELOPMENT 4251 CHGS FOR STREET DEPT 2,135 11,477 - - - - 0.0% - 4253 CHGS FOR PARK DEPT 3,147 19,560 - - - - 0.0% - 4254 WEED CUTTING 1,125 1,125 1,125 1,750 155.6% 1,125 1,800 60.0% 1,800 4255 STREET LIGHT MAINT CHGS 193,357 179,331 175,000 175,000 100.0% 175,000 175,000 0.0% 175,000 4256 CHGS FOR ENGINEERING (2,392) (54,599) - - 0.0% - - 0.0% - 4257 HOMESTUDY PROGRAM - 15,000 - 0.0% - 15,000 0.0% 15,000 4258 PLANNING & ZONING FEES 14,270 22,500 7,500 15,000 200.0% 7,500 15,000 100.0% 15,000 4262 CHARGING STATION-CITY HALL 425 904 - 500 0.0% - 500 0.0% 500 TOTAL PUBLIC WORKS 212,067 180,298 198,625 192,250 96.8% 183,625 207,300 4.4% 207,300 PARK & RECREATION 4305 MISC INCOME-BROOKVIEW 61 - 1,000 - 0.0% 1,000 1,000 0.0% 1,000 4307 PICNIC SHELTER RENTAL 38,880 31,868 22,000 32,000 145.5% 22,000 30,000 36.4% 22,000 4308 LIQUOR PERMIT-BV 1,350 1,250 500 500 100.0% 500 500 0.0% 500 4309 ATHLETIC FACILITY RENTALS 9,274 31,793 45,000 45,000 100.0% 45,000 45,000 0.0% 45,000 4311 MEADOWBROOK RENTAL 13,428 17,230 28,000 28,000 100.0% 28,000 28,000 0.0% 28,000 4311 MEADOWBROOK PROGRAMS 10,485 11,911 8,000 8,000 100.0% 8,000 8,000 0.0% 8,000 4314 FINANICAL ASSISTANCE (120) (162) (1,500) - 0.0% (1,500) (1,500) 0.0% (1,500) 4315 FOOD TRUCK PERMITS 2,070 1,070 1,500 1,500 100.0% 1,500 1,500 0.0% 1,500 4316 SPONSORSHIPS 500 - 1,200 - 0.0% 1,200 1,200 0.0% 1,200 4317 GV LOGO CLOTHING 1,919 1,633 1,000 750 75.0% 1,000 1,000 0.0% 1,000 4325 ADULT-ATHLETICS 15,250 19,459 19,000 19,000 100.0% 19,000 19,000 0.0% 19,000 4325 ADULT SOFTBALL 32,100 31,075 38,000 38,000 100.0% 38,000 38,000 0.0% 38,000 4325 ADULT-PROGRAMS & EVENTS 21,904 20,445 35,000 35,000 100.0% 35,000 35,000 0.0% 35,000 4355 YOUTH-ATHLETICS 35,368 42,240 35,000 35,000 100.0% 35,000 35,000 0.0% 35,000 4355 YOUTH-SUMMER PLAYGROUND 33,208 34,661 10,000 10,000 100.0% 10,000 10,000 0.0% 10,000 4355 YOUTH-PROGRAM & EVENTS 28,916 32,907 45,000 45,000 100.0% 45,000 45,000 0.0% 45,000 4389 FIELD MAINTENANCE FEES 17,000 12,956 12,000 12,000 100.0% 12,000 12,000 0.0% 12,000 4405 SENIOR-PROGRAMS & EVENTS 4,257 1,707 4,500 4,500 100.0% 4,500 4,500 0.0% 4,500 4405 SENIOR-TRIPS 32,019 33,585 10,500 10,500 100.0% 10,500 10,500 0.0% 10,500 TOTAL PARK AND RECREATION 297,869 325,627 315,700 324,750 102.9% 315,700 323,700 2.5% 315,700 OTHER FUNDS 4433 CHGS TO CONSTRUCTION FUND 103,013 110,647 125,000 125,000 100.0% 125,000 125,000 0.0% 125,000 4434 CHGS TO UTILITY FUND 275,000 300,000 300,000 300,000 100.0% 300,000 300,000 0.0% 300,000 4435 CHGS TO BROOKVIEW FUND 85,000 85,000 85,000 85,000 100.0% 85,000 85,000 0.0% 85,000 4436 CHGS TO MOTOR VEHICLE FUND 30,000 30,000 30,000 30,000 100.0% 30,000 30,000 0.0% 30,000 4437 CHGS TO RECY FUND 75,000 75,000 75,000 75,000 100.0% 75,000 75,000 0.0% 75,000 4438 CHGS TO CEMETARY FUND 200 1,000 - - 0.0% - - 0.0% 4439 HRA TRANS-ADMIN - - - - 0.0% - - 0.0% 4440 CHGS TO STORM UTILITY FUND 200,000 250,000 250,000 250,000 100.0% 250,000 250,000 0.0% 250,000 TOTAL OTHER FUNDS 768,213 851,647 865,000 865,000 100.0% 865,000 865,000 0.0% 865,000 FINES & FORFEITURES 4155.1 DWI VEHICLE FORFEITURES - - - - - 0.0% - 4155 COURT FINES & FORFEITURES 81,852 91,747 76,640 95,000 124.0% 76,640 95,000 24.0% 95,000 TOTAL FINES & FORFEITURES 81,852 91,747 76,640 95,000 124.0% 76,640 95,000 24.0% 95,000 149 2022 2023 2024 2024 % 2024 Est. 2025 2025 % Change 2026 Actual Actual Adopted Estimated vs. Budget Concept Proposed 2024 to 2025 Concept City of Golden Valley Proposed 2025 - 2026 General Fund Revenue Report INTEREST ON INVESTMENTS 4471 INTEREST ON INVESTMENTS (513,279) 953,246 125,000 150,000 120.0% 130,000 164,000 31.2% 167,000 INTEREST ON INVESTMENTS (513,279) 953,246 125,000 150,000 100.0% 130,000 164,000 31.2% 167,000 TRANSFERS IN 4501 PERMANENT TRANS-MOTOR VEH 30,000 30,000 30,000 30,000 100.0% 30,000 30,000 0.0% 30,000 TOTAL TRANSFERS IN 30,000 30,000 30,000 30,000 100.0% 30,000 30,000 0.0% 30,000 OTHER REVENUE 4479 TOWER RENTAL 16,372 16,777 14,000 14,000 100.0% 14,000 14,000 0.0% 14,000 4480 BUILDING RENTS 146,000 0.0% 0.0% -BROOKVIEW GOLF COURSE 127,200 - 127,200 127,200 100.0% 127,200 127,200 0.0% 127,200 -MOTOR VEHICLE LICENSING 22,000 - 22,000 22,000 100.0% 22,000 22,000 0.0% 22,000 -VEHICLE MAINTENANCE 24,000 - 24,000 24,000 100.0% 24,000 24,000 0.0% 24,000 4478 SPECIAL ASSESS COLL-COUNTY 8,857 8,717 6,000 6,000 100.0% 6,000 6,000 0.0% 6,000 4178 POHLAD GRANT REVENUE - 24,053 - - 0.0% - - 0.0% - 4483 CONTRIBUTIONS & DONATIONS 1,600 7,800 - - 0.0% - - 0.0% - TOTAL OTHER REVENUE 200,029 203,347 193,200 193,200 100.0% 193,200 193,200 0.0% 193,200 MISCELLANEOUS COSTS 4476 BURIAL CHARGE-CEMETERY 1,150 2,850 400 400 100.0% 400 400 0.0% 400 4707 PENALTIES-LIQUOR/TOBACCO - - - 0.0% 0.0% 4474 SCRAP METAL 3,634 6,415 2,500 4,000 160.0% 2,500 2,500 0.0% 2,500 4486 MISCELLANEOUS RECEIPTS 1,415 158 1,000 1,000 100.0% 1,000 1,000 0.0% 1,000 4484 COMMUNITY GARDEN - 1,470 - - 0.0% - - 0.0% - 4487 OVER AND SHORT (15) (668) - - 0.0% - - 0.0% - 4488 RETURNED CHECK FEE 30 - - 0.0% - - 0.0% - 4489 ATM 16 - - - 0.0% - - 0.0% - 4491 CERTIFICATION FEES 30 - - - 0.0% - - 0.0% - TOTAL MISCELLANEOUS COSTS 6,230 10,255 3,900 5,400 138.5% 3,900 3,900 0.0% 3,900 GENERAL FUND TOTAL 25,354,483 31,138,509 30,110,690 30,586,795 101.6% 30,899,369 31,785,700 5.6% 33,133,313 150 RESOLUTION NO. 24-078 RESOLUTION ADOPTING THE 2025 BUDGET OF THE GENERAL FUND BUDGET WHEREAS,this proposed 2025 operating budget resolution and the accompanying proposed tax levies contained in Resolution No. 24-078 are submitted by the City in accordance with Minnesota Statutes and other applicable laws in effect on this date. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that the 2025 General Fund Budget are hereby given final approval: DIVISION DESCRIPTION AMOUNT 001 Council $ 324,325 003 City Manager 725,152 004 Transfers Out 3,275,000 005 Finance 1,230,666 006 Legal Services 1,023,060 007 Risk Management 400,000 008 Administrative Services 2,919,046 009 Communications 546,209 011 Building Operations 1,099,082 016 Planning 746,207 018 Inspections 1,023,751 022 Police 8,021,047 023 Fire 2,506,743 035 Community Development 445,777 036 Engineering 770,211 037 Streets 3,051,174 066 Park and Recreation 1,096,097 067 Administration Park Maintenance 1,944,499 068 Park and Recreation Programs 487,653 099 Contingencies 150,000 TOTAL 2025 BUDGET $ 31,785,700 151 BE IT FURTHER RESOLVED by the City Council that the sources of financing the sums appropriated shall be: DESCRIPTION AMOUNT Ad Valorem Taxes $ 27,800,845 Licenses 253,925 Permits 1,739,650 Grants and Fines 143,280 Government Fees 16,750 Public Safety 44,150 Public Works 207,300 Park and Recreation 323,700 Transfers In 895,000 Investment Earnings 164,000 Other Revenue 197,100 TOTAL 2025 BUDGET $ 31,785,700 BE IT FURTHER RESOLVED,that the City Council declares its intent to take all necessary actions legally permissible to the submission and approval of the City’s budget and property tax levies both proposed and final. Adopted by the City Council of Golden Valley, Minnesota on this 3rd day of December, 2024. Roslyn Harmon, Mayor ATTEST: Theresa J. Schyma, City Clerk 152 RESOLUTION NO. 24-079 RESOLUTION ADOPTING FINAL TAX LEVY PAYABLE IN 2025 WHEREAS,State Law requires the certification of a proposed budget and proposed tax levies no later than September 30, 2024; and WHEREAS,the City Council has met and discussed the proposed budget and tax levy; and WHEREAS,the debt service levy as established in the bond documents for the General Obligation Bonds, Series 2016C (B2822), the amount of $371,062.50 will not be levied in 2025 due to the utilization of the franchise fees collected from gas and electric utilities; and WHEREAS,the debt service levy as established in the bond documents for the General Obligation Bonds, Series 2017B (B2825A), the amount of $81,812.50 will not be levied due to the utilization of the internal state aid monies. NOW, THEREFORE, BE IT RESOLVED,by the City Council of the City of Golden Valley, Minnesota, that there is hereby levied upon all taxable property located within the City of Golden Valley the following amounts: General Tax Levy $27,965,845 Bonded Debt Levy: Brookview Center 1,215,200 Street Improvement Bonds 5,564,785 TOTAL Tax Levy $34,745,830 BE IT FURTHER RESOLVED,the City Clerk shall certify to the Hennepin County Auditor a copy of this resolution approving the property tax levies for collection in 2025 for the City of Golden Valley. BE IT FURTHER RESOLVED,that the proposed 2025 budget of the General Fund is $31,785,700 and the proposed 2026 budget is approved in concept only. BE IT FURTHER RESOLVED,that the City Council declares its intent to take all necessary actions legally permissible to the submission and approval of the City’s budget and property tax levies both proposed and final. Adopted by the City Council of Golden Valley, Minnesota this 3rd day of December, 2024. Roslyn Harmon, Mayor ATTEST: Theresa Schyma, City Clerk 153 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 3, 2024 Agenda Item 6B. 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 154 Review of Council Calendar Event Event Time Location DECEMBER 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 Wednesday, December 11 City Offices Closed for Annual Employee Gathering Event 11:00 AM - 1:00 PM Thursday, December 12 Canadian Pacific Holiday Train 5:00 PM - 5:30 PM Golden Hills Drive Railway Crossing Tuesday, December 17 City Council Meeting 6:30 PM Hybrid - Council Chambers Tuesday, December 24 City Offices Closed for Observance of Christmas Eve Wednesday, December 25 City Offices Closed for Observance of Christmas Day JANUARY Wednesday, January 1 City Offices Closed for Observance of New Years Day Tuesday, January 7 City Council Meeting 6:30 PM Council Chambers Sunday, January 12 Winter Market in the Valley (Indoors)10:00 AM – 1:00 PM Brookview Bassett Creek Room Tuesday, January 14 Council Work Session 6:30 PM Council Conference Room Sunday, January 19 Sweet Potato Comfort Pie: Annual Rev. Dr. Martin Luther King, Jr. Service Holiday 1:00 PM - 4:00 PM Additional details coming soon Monday, January 20 City Offices Closed for Observance of Rev. Dr. Martin Luther King, Jr. Day 2025 Rev. Dr. Martin Luther King, Jr. Holiday Breakfast 7:00 AM - Doors Open 8:00 - 9:30 AM - Program Minneapolis Convention Center, 1301 Second Avenue South,Minneapolis Tuesday, January 21 City Council Meeting 6:30 PM Council Chambers 155