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2025-05-06 - AGE - City Council Regular Meeting May 6, 2025 — 6:30 PM Golden Valley City Hall Council Chambers 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.Proclamation Honoring Asian American, Native Hawaiian, and Pacific Islander Heritage Month 1C.Proclamation for Arbor Day and Arbor Month 1D.Proclamation Recognizing National Police Week, May 11-17, 2025 2.Additions and Corrections to Agenda 3.Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. 3A.Approval of City Council Meeting Minutes 3B.Approval of City Check Registers 3C.Bids, Quotes, and Contracts: 3C.1.Approve Single Axle Dump Truck Outfitting 3C.2.Approve Purchase of Hockey Rink Dasher Boards and Components from Becker Arena Products 3C.3.Approve Amended Encroachment Agreement No. 2024-002.01 on Metropolitan Council Property 3C.4.Adopt Resolution No. 25-029 Approving State of Minnesota Department of Transportation and City of Golden Valley Cooperative Construction Agreement No. 1058885 and Authorizing its Execution 3D.Grants and Donations: 3D.1.Adopt Resolution No. 25-030 Authorizing Application for the 2025 Hennepin County Cost CITY COUNCIL REGULAR MEETING AGENDA Members of the public may attend this meeting in-person, by watching on cable channel 16, or by streaming on CCXmedia.org. The public can make in-person statements during public comment sections, including the public forum beginning at 6:20 pm. Individuals may provide public hearing testimony remotely by emailing a request to the City Clerk's office at cityclerk@goldenvalleymn.gov by 3 p.m. on the day of the meeting. City of Golden Valley City Council Regular Meeting May 6, 2025 — 6:30 PM 1 Participation and Partnership Request Process. 3D.2.Adopt Resolution No. 25-031 Authorizing Application for the USDOT Safe Streets and Roads for All Planning and Demonstration Grant 3E.Adopt Ordinance No. 795 and Resolution No. 25-032 Approving a Conditional Use Permit Amendment for a Child Care Center at 4735 Bassett Creek Drive 3F.Adopt Ordinance No. 796 and Resolution Nos. 25-033 and 25-034 approving Rezoning, Preliminary Plat, and Summary Ordinance for 1611 Lilac Drive North 3G.Adopt Resolution Nos. 25-035, 25-036, 25-037, and Ordinance No. 797 Approving Comprehensive Plan Amendment, Rezoning, Preliminary Plat, and Summary Ordinance for 1211 Lilac Drive 4.Public Hearing - None. 5.Old Business - None. 6.New Business The public hearing for Item #6A was held at the April 14, 2025 Planning Commission meeting. 6A.Consideration of Comprehensive Plan Amendment, Rezoning, and Preliminary Plat for 1131 Lilac Drive North, Resolution Nos. 25-038, 25-039, and Ordinance No. 798 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 May 6, 2025 — 6:30 PM 2 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 6, 2025 Agenda Item 1B. Proclamation Honoring Asian American, Native Hawaiian, and Pacific Islander Heritage Month Prepared By Seth Kaempfer, Equity and Inclusion Manager Summary May is celebrated as Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month. This month celebrates the vibrant and diverse traditions, languages, spiritual and religious practices, and cultures of AANHPI communities. AAPNHI Heritage Month puts into focus the immeasurable and prolific contributions that these communities have made and continue to make locally and statewide. This proclamation calls upon the community in Golden Valley to collectively work towards dispelling ignorance, prejudice, and fear through education and action about the historical and current impacts made by AANHPI communities. In addition, this proclamation calls upon the City of Golden Valley to recognize and confront racial inequities, leading to liberation and celebration of all. Legal Considerations This item did not require legal review. Equity Considerations This proclamation aligns with the City's commitment to diversity, equity, and inclusion and the City's welcome statement. The City supports and honors individuals of all backgrounds and believes it is critical to acknowledge celebrations such as Asian American and Pacific Islander Heritage Month to both educate community and staff as well as create space for belonging of these richly diverse communities. Recommended Action Present proclamation honoring the month of May as Asian American, Native Hawaiian, and Pacific Islander Heritage Month. Supporting Documents Proclamation for Asian American and Pacific Islander Heritage Month 3 CITY OF GOLDEN VALLEY PROCLAMATION HONORING ASIAN AMERICAN, NATIVE HAWAIIAN, AND PACIFIC ISLANDER HERITAGE MONTH MAY 1 – 31, 2025 WHEREAS, in 1978, the United States Congress passed a law initially proclaiming a week of recognition of Asian American and Pacific Islander (AAPI) heritage and was further extended to a month by Congress in 1992; and WHEREAS, this month is a celebration that encompasses a wealth of cultures, backgrounds, faiths, and histories of Asian American, Native Hawaiian, and Pacific Islander (AANHPI) people from the Asian continent and the Pacific islands of Melanesia, Micronesia, and Polynesia; and WHEREAS, the month of May was selected to commemorate the immigration of Japanese citizens to the United States on May 7, 1843, and to mark the anniversary of the completion of the transcontinental railroad on May 10, 1869, with the majority of the workers being Chinese immigrants; and WHEREAS, AANHPI Heritage Month celebrates the immeasurable contributions that AAPI communities have made and continue to make in arts, music, law, literature, science, education, entertainment, politics, and other endeavors; and WHEREAS, the state of Minnesota, specifically the Twin Cities metro area, is unique in having the largest concentration of Hmong and Karen people in the United States and providing a place of home for many refugees of these communities; and WHEREAS, AANHPI Heritage Month is also a time to reflect on historical and current inequities and violence facing these communities in education, healthcare, policy, and employment stemming from an interconnection of xenophobia, racism, and prejudice towards someone’s faith and spiritual practices; and WHEREAS, in 2025, AANHPI Heritage Month honors the theme “A Legacy of Leadership and Resilience”, which is established by the Federal Asian Pacific American Council; and WHEREAS, in its commitment to racial equity, the City of Golden Valley must recognize and confront racial inequities, leading to liberation and celebration. NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Golden Valley does hereby proclaim the month of May as “Asian American, Native Hawaiian, and Pacific Islander Heritage Month” and call upon the people of Golden Valley 4 to recognize the contributions made by AANHPI communities and to actively promote the principles of equality, equity, liberty, and justice. I, Mayor Roslyn Harmon, proudly certify this proclamation with my signature and the seal of the City of Golden Valley on May 6 th, 2025. _____________________________ Roslyn Harmon, Mayor 5 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 6, 2025 Agenda Item 1C. Proclamation for Arbor Day and Arbor Month Prepared By Tim Kieffer, Public Works Director Al Lundstrom, Park Maintenance Superintendent Diana Preisen, City Forester Summary The city was awarded the Tree City USA Award for the 38th consecutive year and 12th Tree City Growth Award. Tree City USA recognizes communities that have proven their commitment to an effective, ongoing community forestry program. Tree City USA is led by the Arbor Day Foundation with partners in the National Association of State Foresters and the USDA Forest Service. To become a Tree City USA, a community must meet four criteria: 1. Operate a forestry division. 2. Have a tree ordinance. 3. Manage a comprehensive community forestry program. 4. Proclaim and observe Arbor Day. The city observes Arbor Day by hosting an annual event. This year’s event will be held on May 21 at The SEA (School of Engineering and Arts) School starting at 1:00 p.m. The event includes a presentation, poster contest winners, tree planting, and handing out packaged tree seedlings. Financial or Budget Considerations Not Applicable. Legal Considerations Not Applicable. Equity Considerations Everyone is welcome at the event. Recommended Action Present proclamation declaring May 21, 2025, as Arbor Day and May 2025 as Arbor Month in the City of Golden Valley. 6 Supporting Documents Proclamation for Arbor Day and Arbor Month 7 CITY OF GOLDEN VALLEY PROCLAMATION FOR ARBOR DAY AND ARBOR MONTH WHEREAS, trees are an increasingly vital resource in Golden Valley, enriching our lives by purifying air and water, helping conserve soil and energy, serving as recreational settings, providing habitat for wildlife of all kinds, and making our community more livable; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of warmth and security; and WHEREAS, Golden Valley has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its urban forestry efforts. NOW, THEREFORE, BE IT RESOLVED, I, Roslyn Harmon, Mayor of the City of Golden Valley, have proclaimed May 21, 2025, as Arbor Day and May 2025 as Arbor Month in the City of Golden Valley, and urge all people to support efforts to protect our trees and woodlands and to support our City’s urban forestry program; and BE IT FURTHER RESOLVED, the Golden Valley City Council urges all people to become more aware of the importance of trees to their well-being, and to plant, nurture, protect, and wisely use Golden Valley’s great treasure of trees. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 6th day of May 2025. _____________________________ Roslyn Harmon, Mayor 8 EXECUTIVE SUMMARY Police 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 6, 2025 Agenda Item 1D. Proclamation Recognizing National Police Week, May 11-17, 2025 Prepared By Brittany Froberg, Police Support Services Supervisor Virgil Green, Police Chief Summary National Police Week will be observed from May 11 through May 17, 2025. This annual, weekly observance pays special recognition to law enforcement officers who serve and protect citizens with courage, dedication, and dignity. The week begins with the Peace Officers Memorial Standing Guard on Sunday May 11th at 7:00pm until Monday, May 12th at 7:00pm. This 24-hour annual observance honors and remembers all officers who have died in the Line of Duty in Minnesota. The Officers of the Golden Valley Police Department have chosen the profession of Law Enforcement and have made the decision to sacrifice themselves, for others, should it become necessary. I invite all civilians to recognize and thank all Peace Officers for this choice. Financial or Budget Considerations N/A Legal Considerations N/A Equity Considerations N/A Recommended Action Present proclamation recognizing the week of May 11 through May 17, 2025 as National Police Week in the City of Golden Valley. Supporting Documents Proclamation - 2025 Police Week 9 CITY OF GOLDEN VALLEY PROCLAMATION RECOGNIZING NATIONAL POLICE WEEK May 11 - 17, 2025 WHEREAS,the first recognition of National Police Week and Peace Officers Memorial Day was signed by President Kennedy in 1962. It was resolved by Congress that May 15 be designated Peace Officers Memorial Day and the week in which it falls be designated as Police Week; and WHEREAS,the members of the law enforcement agencies of Golden Valley, Hennepin County, and the State of Minnesota continuously provide a vital public service playing an essential role in safeguarding the rights and freedoms of the City of Golden Valley; and WHEREAS,it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agencies, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression. NOW, THEREFORE, BE IT RESOLVED that the City Council of Golden Valley does hereby proclaim the week of May 11 through May 17, 2025 as National Police Week in the City of Golden Valley, and I call upon all citizens and civic organizations to join in commemorating our public safety professionals, and to recognize the substantial contributions they make to protecting our health, safety, and quality of life. IN WITNESS WHEREOF,that I, Roslyn Harmon, Mayor of the City of Golden Valley have hereunto set my hand and caused the seal of the City to be affixed this 6th day of May, 2025. ___________________________ Roslyn Harmon, Mayor 10 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 6, 2025 Agenda Item 3A. Approval of City Council Meeting Minutes Prepared By Theresa Schyma, City Clerk Summary The following minutes are available to view on the City's public Laserfiche site : April 15, 2025 Regular City Council Meeting A direct link to the folder with the documents referenced above is: http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx? id=1056192&dbid=0&repo=GoldenValley Legal Considerations This item did not require legal review. Equity Considerations This item did not require equity review. Recommended Action Motion to approve City Council meeting minutes as submitted. 11 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 6, 2025 Agenda Item 3B. 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.ci.golden- valley.mn.us/WebLink/Browse.aspx?id=1060600&dbid=0&repo=GoldenValley The check register(s) for approval: 04-16-2025 Check Register 04-23-2025 Check Register 04-30-2025 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. 12 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 6, 2025 Agenda Item 3C.1. Approve Single Axle Dump Truck Outfitting Prepared By Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Superintendent Summary The replacement purchase of unit 798, a 2014 single axle dump truck with hook-lift system, was approved by Council on March 4, 2025. Unfortunately, the state contract for outfitting the dump truck ended February 28, 2025, so the quotes are no longer valid. Staff received updated quotes from the new contract. Staff purchased the equipment from the state contract through the State of Minnesota’s cooperative purchasing venture (CPV). The Minnesota Materials Management Division awarded the following contract through the CPV: Contract No.Item Vendor Amount 267372 Plows, Equipment, Hydraulics and Controls Towmaster Truck Equipment $211,333.00 267372 Swenson Combo Sander Unit Towmaster Truck Equipment $46,654.00 267372 VariTech Anti-Ice System Towmaster Truck Equipment $32,554.00 Total Purchase Price $290,541.00 Financial or Budget Considerations The 2025-2034 Vehicle and Equipment Capital Improvement Program (CIP) includes $325,000 for the purchase of a dump truck (V&E-189) and $75,000 for the purchase of a V-box and Tank (SS-63). The total cost for the truck and plow equipment is $363,304.35. The total cost for the de-icing and anti- icing equipment is $79,208.00. The total increase is $14,434 to outfit the dump truck. Additional funding will come from the sale of asset and reserves. Legal Considerations The proposed equipment was purchased following Minn. Stat. § 471.345 Subd. 15 Cooperative purchasing. 13 (a) Municipalities may contract for the purchase of supplies, materials, or equipment by utilizing contracts that are available through the state's cooperative purchasing venture authorized by section 16C.11. For a contract estimated to exceed $25,000, a municipality must consider the availability, price and quality of supplies, materials, or equipment available through the state's cooperative purchasing venture before purchasing through another source. Equity Considerations Certified Targeted Group/Economically Disadvantaged/Veteran-Owned small businesses receive a 12% preference from the Office of State Procurement. Recommended Action Motion to approve purchase of plows, equipment, and hydraulic controls from Towmaster Truck Equipment in the amount of $290,541.00. Supporting Documents Towmaster Truck Equipment Quotes 14 TRKQT3MOD022324 Ship To: Cust: Phone:Bill To: Phone: ATTN: Reference No. Accepted by Date PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY MARSHALL VBOX HOOK CHRIS GUGGEMOS QT 93321 NET 30 DAYS 1/23/25 4/14/25 3001 Order Comments: STATE OF MN CONTRACT #267372 Qty Part No. Description Price Ea. Net Amt. 1 9905762 - HOOK 200 11' & 400 14' SERIES A-Frame & Sub Frame With $5,712.00 $5,712.00 Rollers (not for AI system Use) 1 9900222 - Light Warning Rear warning lights & 5M housings (removable $5,155.00 $5,155.00 w/body) for hooklift system Installed **NOTE: BLUE & AMBER SPLIT COLOR SYSTEM, IN SAME PATTERN AS TRUCK FRAME. SYSTEM FOR V-BOX SPREADER USE WING LIGHT FROM TRUCK BUILD FOR REVERSE LIGHT 1 9904692 - Camera System option, NORTECH 9100-2HC 120 degree night $182.00 $182.00 vision CCD weather-proof HEATED camera, only GEN 5 6100 1 9904693 - Camera System option, Harness, 65' Waterproof GEN 5 6100 $195.00 $195.00 1 9904694 - INSTALLATION of Extra Camera, & Harness GEN 5 6100 $235.00 $235.00 *** TO BE MOUNTED ON TOP CENTER OF VBOX WITH CONNECTION RAN TO DRIVERS SIDE BULKHEAD WITH HYD LINES 1 1941405 - Camera Guard, SS, Bolt-On $43.00 $43.00 1 9906589 - Sander Swenson EVDAF11-82-56 SS Dual Auger Style V-Box $25,256.00 $25,256.00 Complete 1 9904200 - Sander Swenson SS 2-135 GAL V-BOX TANK OPTIONS $2,184.00 $2,184.00 1 9901734 - Sander Install V-Box on A-FRAME for Hooklift application $4,992.00 $4,992.00 NOTE: Requires A-Frame Add-On 1 9906313 - Control Add-on Force 6100 30 ft ISOBUS DLA 3 LANE Harness $654.00 $654.00 Kit for Chassis Side, 10/20 Port (includes power harness, CAN *--- Continued ---* MN 55427 USA MN 55427 0/00/00 ** QUOTATION ** 15 TRKQT3MOD022324 Ship To: Cust: Phone:Bill To:Phone: ATTN: Reference No. Accepted by Date PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY MARSHALL VBOX HOOK CHRIS GUGGEMOS QT 93321 NET 30 DAYS 1/23/25 4/14/25 3001 $46,654.00 CAN harness, & ISOBUS connector) 1 CUSTOM - Custom Equipment Pkg consisting of: $2,046.00 $2,046.00 This is for a light bar for the vbox.and winch to lift the hopper $46,654.00 $46,654.00 MN 55427 USA MN 55427 0/00/00 ** QUOTATION ** 16 General Terms and Conditions for the Sale of Goods by Subsidiaries of ASH North America, Inc 1.1. These General Terms and Conditions for the Sale of Goods (these "Terms") govern the sale and delivery of all goods and products(the "Products"), and all transactions incidental thereto, by such subsidiary of ASH North America, Inc. identified on the respective Confirmed Order (as defined below) as the seller or supplier ("Seller") to any of its customers (each a "Customer"). The liability of each such subsidiary under these Terms or any Confirmed Order shall be several and not joint. Customer acknowledges and agrees that nothing in these Terms or any Confirmed Order shall be construed as implying joint liability in any case of ASH North America, Inc. or any of its subsidiaries. Each Seller shall be solely responsible for its own acts or omissions under the respective agreement with Customer. 1.2. No other terms or conditions shall be of any force or effect unless otherwise specifically agreed upon by Seller in a writing duly executed by an authorized officer of Seller. These Terms supersede any and all prior oral quotations, communications, agreements, or understandings of the parties in respect to the sale and delivery of the Products. The Seller may issue additional Terms and Conditions of Sale for certain products. These shall apply in addition to to the present Terms. Any additional or different terms or conditions contained in Customer's Order (as defined below), response to Seller´s confirmation, or any other form or document supplied by Customer are hereby expressly rejected and are rendered null, void, and of no effect. These Terms may not be modified, amended, waived, superseded, or rescinded, except by written agreement signed by an authorized officer of Seller.Delivery of the Products by Seller does not constitute acceptance of any of Customer´s terms and conditions and do not serve to modify or amend these Terms. 1.3. The issuance of an Order (as defined below) by Customer to Seller or any communication or conduct of Customer which confirms an agreement for the delivery of Products by Seller, as well as acceptance in whole or in part by Customer of any delivery of Products by Seller, shall be construed as Customer´s acceptance of theseTerms. Status 2024 1. SCOPE AND VALIDITY 2. OFFERS, ORDERS AND CONFIRMATION 2.1. Unless otherwise specified by Seller in writing, all offers made by Seller are not binding and may be revoked by Seller at any time without any liability to Customer. 2.2. Customer shall issue to Seller orders for the purchase of Products, in written form via the order process determined by Seller from time to time (each, an "Order"). By issuing an Order to Seller, Customermakes an offer to purchase the Products pursuant to these Terms and the terms set forth on such Order. Provided that the Order contains the same terms as in Seller´s corresponding offer, the Order shall be binding on Customer for six (6) weeks after Seller´s receipt of such Order. 2.3. Seller may refuse an Order for any or no reason. No Order is binding upon Seller until Seller´s acceptance of the Order in writing, the issuance of any governmental permit, license, or authority to Seller, as may be required under applicable laws, rules and regulations, and the receipt by Seller of a resale license to be provided by Customer (a "Confirmed Order"). 2.4. Specifications and other information on drawings, data sheets, pictures, plans, brochures, catalogs, or Seller´s website shall not be binding on Seller unless such specifications and information have been agreed to in writing by Seller in a Confirmed Order. Notwithstanding a Confirmed Order, Seller shall have no obligation to deliver Products to Customer or otherwise fulfill any of its obligations set forth in a Confirmed Order if Customer is in breach of any of its obligations hereunder or any Confirmed Order. 2.5. Customer may submit to Seller written requests to change the terms of a Confirmed Order (each such request, a "Change Order Request"). Seller may, at its sole discretion, consider such Change Order Request, provided that Seller will have no obligation to perform any Change Order Request unless and until Seller has agreed in writing to adopt such Change Order Request. If Seller elects to consider such a Change Order Request, then Seller shall promptly notify Customer of any adjustment to the applicable purchase price for the Products. 2.6. In the event Customer cancels any Confirmed Order for any reason, Customer shall reimburse to Seller all of Seller´s costs and expenses associated with or incurred due to such cancellation, including but not limited to the cost of raw materials, labor, and storage if cancellation occurs before Seller´s commencement of production. In the event Customer cancels any Confirmed Order for any reason and Seller has started the production of the Product on the respective Confirmed Order, Customer shall pay to Seller the full purchase price. 2.7. Each Confirmed Order shall be considered a separate agreement between the parties, and any failure to deliver the Products under any Confirmed Order shall have no consequences for other deliveries of Products. 3. PRICES 3.1. Unless otherwise agreed to by the parties in the applicable Confirmed Order, the prices of the Products shall be FCA (agreed delivery location on the applicable Confirmed Order), Incoterms 2022. 3.2. Unless otherwise agreed by the parties in a Confirmed Order, the price of the Products shall not include transportation, insurance, packaging, and Tooling (as defined below) and other materials used for the manufacturing and delivery, sales or Heavy Vehicle Use Tax (HVUT), other use tax or any other similar applicable federal, state or foreign taxes, duties, levies, or charges in any jurisdiction in connection with the sale or delivery of the Products ("Taxes"), Such Taxes shall be payable by Customer, and if Seller is responsible for the collection thereof, such Taxes shall either be added to the price invoiced or be separately invoiced by Seller to Customer. Any special requests concerning shipping, transportation, and insurance shall be communicated to Seller in a timely manner and subject to Seller´s prior written approval. Customer shall bear all costs resulting from such requests.In case of lead delivery times of more than two (2) months, Customer hereby acknowledges and agrees that Seller, may, at its sole discretion, increase or decrease the agreed prices on any Confirmed Order in the event of material price changes in wages, materials, energy or raw material after the date of the Confirmed Order. 4. PAYMENT TERMS 4.1. Except as set forth in Section 4.2 or unless otherwise agreed in writing by Seller, the purchase price for the Products and all other amounts due under a Confirmed Order shall be due and payable in US dollars within thirty (30) days following the date of Seller´s invoice for such Products without any discount, deduction or offset whatsoever. In no event shall any loss, damage, injury or destruction, Force Majeure (as defined below), or any other event beyond Customer´s control release Customer from its obligation to make the payments required herein. Payment of all amounts due hereunder shall be made by bank transfer or in any other manner set forth on Seller´s invoice. Customer shall be solely responsible for any bank fees, or other fees, incurred due to the wire transfer or any other selected payment method. If Seller agrees to payment by credit card, Seller shall charge an appropriate transaction fee, which the Customer shall also pay. 4.2. In the event Seller becomes aware of circumstances or has reason to believe that there are circumstances that may have an adverse effect on Customer´s financial condition, Seller may require the Customer to pay the total amount of the purchase price or fees, or a portion thereof prior to the delivery of the Products. Seller may, without any liability to Customer, refuse the delivery of any Product in the event the Customer fails to make the payment as required under this Section 4.2. 4.3. Time is of the essence for the payment of all amounts due to Seller under any Confirmed Order. If Customer fails to make payments of any amount when due, Customer shall pay interest to Seller at the rate of one percent (1%) per month or such lesser amount as may be permitted by applicable law starting from the due date until payment to Seller of such amount in full. In addition to the interest, Seller may, at its sole discretion, charge the Customer a flat fee of $40 for each reminder notice issued to Customer due to late payments. If Customer fails to comply with these Terms or a Confirmed Order, or if Customer becomes insolvent, all balances then due and owing to Seller shall become due immediately, notwithstanding any payment terms agreed by the parties. All costs and expenses incurred by Seller with respect to the collection of overdue payments (including, without limitation, reasonable attorney´s fees, expert fees, and other expenses of litigation) shall be borne by Customer. Every payment by Customer shall first be 17 5.1. If Seller extends credit to Customer for the purchase price for any Products (including but not limited to pursuant to Section 4.1.), or any other amounts due to Seller, Customer hereby grants to Seller as security for the timely payment and performance of all Customer´s payment obligations to Seller, a first priority security interest (the "Security Interest") in all Products heretofore or in the future delivered to Customer and in the proceeds thereof for as long as such Products shall not have been sold by Customer in the ordinary course of business (the "Collateral"). Seller shall be entitled to file any and all financing, continuation, or similar statements under the Uniform Commercial Code in any jurisdiction and take any and all other action necessary or desirable, in Seller´s sole and absolute discretion, to perfect its Security Interest in the Collateral and to establish, continue, preserve, and protect Seller´s Security Interest in the Collateral. Customer agrees to take any and all actions and provide Customer with all information necessary to enable Seller to perfect and enforce its Security Interest in all jurisdictions and vis-à-vis any of Customer´s creditors, and hereby irrevocably grants to Seller a power of attorney to execute all necessarystatements or documents in Customer´s name for the perfection and enforcement of such Security Interest. The Security Interest shall remain in force until payment in full of the entire purchase price for such Products, and any other amounts due to Seller by Customer. Seller may, without notice, change or withdraw extensions of credit at any time. applied to pay for Seller´s cost of collection, then interest owed by Customer, and then to the oldest outstanding claim. 4.4. Notwithstanding anything in the foregoing Section 4.3 or Section 5, if the parties agreed on installment payments in a Confirmed Order and Customer fails to make any installment payment when due, the remaining balance including accrued interest, and any expenses incurred by Seller shall be due and payable to Seller promptly upon Customer´s receipt of written notice of delinquency from Seller. 5. SECURITY INTEREST 2 6. OBLIGATIONS OF CUSTOMER 6.1. Customer shall use the Products solely for their intended purpose and pursuant to Seller´s instructions, and agrees to use only qualified personnel for the handling of the Products. Customer shall ensure that its customers, employees, agents, and other representatives comply with this Section 6.1. and shall be responsible for their acts and omissions. 7. DELIVERY AND ACCEPTANCE 7.1. Unless otherwise agreed in writing by Seller, all deliveries of Products shall be made FCA (agreed delivery location) (Incoterms 2020) and title to and risk of loss for the Products shall pass to Customer upon delivery pursuant to this Section 7.1. 7.2. Any delivery and performance times or dates communicated by or on behalf of Seller are estimates and shall not be binding on Seller. Seller may make partial delivery of Products to be delivered under any Confirmed Order and invoice Customer separately for such partial deliveries or performance. If Customer has not received the Products after six (6) weeks from the estimated delivery date, Customer may make a written request to Seller for delivery. Customer hereby acknowledges and agrees that the actual delivery date of the Products is conditioned upon the complete, accurate and timely delivery of materials from Seller´s vendors and suppliers. No delay in delivery of any Productsshall relieve Customer of its obligation to accept the delivery or performance thereof and make payments of any amounts due in accordance with these Terms, including but not limited to delays caused governmental restrictions on exports or imports and similar measures. 7.3. Customer´s failure to accept the delivery of Products pursuant to a Confirmed Order shall not release or excuse Customer from its obligation to timely pay all amounts due in connection with such Confirmed Order. The Products shall be deemed delivered at the time theyhave been made available to Customer. If Customer rejects or revokes acceptance of Products, or fails to pay any amounts when due, Seller, in its sole and absolute discretion, may extend the period of delivery of Products by such period as Seller may deem reasonable with such period not exceeding three (3) months from the agreed delivery date, or withhold or cancel delivery of any Products, or cancel any or all Confirmed Orders without any further obligations to Customer whatsoever. In such event, Customer shall be responsible for any and all costs and expenses incurred, or damages or losses suffered by Seller in connection with any such delay notwithstanding any action or inaction by Seller with regard to such delay. Any remaining Products that have not been accepted by Customer within the extended delivery period determined by Seller will be delivered and invoiced by Seller to Customer and Customer agrees to accept such delivery and pay for the purchase price and other amounts payable for the delivered Products. 8. EXAMINATION AND CONFORMITY TO ORDER 8.1. Promptly upon receipt of any Products, Customer shall conduct a full and complete inspection of such Products as to any defects and to confirm compliance with all requirements of the applicable Confirmed Order. Customer shall notify Seller in writing of any packaging defects, apparent defects, or non-compliance of such Products with the applicable Confirmed Order that Customer has or could reasonably have discovered during such inspection within seven (7) days from the date of receipt of such Products, and Customer shall notify Seller in writing within three (3) days of the date on which Customer shall first have become aware of any hidden defect or non-compliance which could not reasonably have been discovered during Customer´s initial inspection of the Products. Such notification shall include reasonable details (including images) on the alleged defects including lot, batch,or Order numbers. 8.2. If Customer fails to timely notify Seller of any defects or other non-compliance of any Products delivered or Customer (or its customers, employees, agents, or representatives) uses, destroys, or modifiesany Products that Customer knows or should have known to be defective or non-compliant without Seller´s prior written consent, Customer shall be deemed to have unconditionally accepted such Products and waived all of its claims for breach of warranty or otherwise in respect of such Products. 8.3. Customer may only return the Products to Seller with Seller´s prior written approval. If the return has been approved by Seller, Customer shall return the Products to Seller at Customer´s sole risk and expense to the destination directed by Seller. 8.4. Complaints of Customer in connection with the shipping or transport shall be directed to the carrier promptly upon receipt of the delivery or the freight documents. 9. LIMITED PRODUCT WARRANTY 9.1. Seller warrants to Customer that the Products will be free of defects in material and workmanship and conform with the requirements set forth in the applicable Confirmed Order for a period of twelve (12) months from the date of delivery for new business Products and ninety (90) days for after sales Products. (the "Limited Product Warranty"). 9.2. Unless expressly agreed to in writing by Seller, Seller makes no warranty that the Products comply with applicable law, regulations,or specifications in any jurisdiction in which the Products may be used, integrated or incorporated. Any governmental or other approvals necessary in connection with the use, integration or incorporation of the Products shall be Customer´s sole responsibility. 9.3. The Limited Product Warranty shall be void if the Defect (as defined below) resulted from (a) improper or inadequate use, storage,handling, operation, integration, incorporation, assembly, maintenance, or unauthorized alteration, modification, repair of the Products (including without limitation, the use storage, handling, operation, or integration of the Products contrary to written instructions and/or recommendations of Seller or inadequate training of personnel), (b)changes to construction and materials pursuant to Customer´s requests, (c) use of improper tools, resources, or accessories including those but not limited to any third party tools, resources, or accessories that are not approved by Seller or not in accordance with Seller´s recommendations, instructions, or directions, (d) acts or omissions of Customer or third parties following delivery of the Product, (e) Customer´s failure to properly communicate Seller´s instructions and warnings to users of the Products, (f) Customer´s, its employees, agents, representatives, customers or any third party´s non-compliance with applicable laws, rules and regulation, (g) Force Majeure, or (h) ordinary wear and tear of the Products (e.g., sweep bristles). 18 10.1. IN NO EVENT SHALL SELLER BE LIABLE TO CUSTOMER, ITS CUSTOMERS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, OR IMPOSED BY STATUTE, OR OTHERWISE, EVEN IF SELLER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OF THE TERMS CONTAINED HEREIN, SELLER´S LIABILITY FOR ANY CLAIM èWHETHER BASED UPON CONTRACT, TORT, EQUITY, NEGLIGENCE, OR ANY OTHER LEGAL CONCEPT è SHALL IN NO EVENT EXCEED THE PURCHASE PRICE PAID BY THE CUSTOMER FOR THE PRODUCTS, GIVING RISE TO SUCH CLAIM. CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT THE PROVISIONS OF THESE TERMS FAIRLY ALLOCATE THE RISKS BETWEEN SELLER AND CUSTOMER, THAT SELLER´S PRICING REFLECTS THIS ALLOCATION OF RISK, AND BUT FOR THIS ALLOCATION AND LIMITATION OF LIABILITY, SELLER WOULD NOT HAVE ENTERED INTO AN AGREEMENT WITH CUSTOMER FOR THE SALE OF THE PRODUCTS. 10.2. Seller shall not be liable for, and Customer assumes responsibility and shall indemnify, defend, and hold Seller harmless for any and all claims, including without limitation claims for personal injury or property damages, resulting from (a) the improper or inadequate use, storage, handling, operation, assembly, integration, incorporation, assembly, maintenance, or unauthorized alteration, modification, or repair of the Products (including without limitation, the use storage, handling, operation, or integration of the Products contrary to written instructions and/or recommendations of Seller or inadequate training of personnel), (b) changes to construction and materials pursuant to Customer´s requests, (c) use of improper tools, resources, or accessories including those but not limited to any third party tools, resources, or accessories that are not approved by Seller or not in accordance with Seller´s recommendations, instructions, or directions, (d) acts or omissions of failure to properly communicate Seller´s instructions and warnings to users of the Products, or (f) Customer´s, its employees, agents, representatives, customers or any third party´s non-compliance with applicable laws, rules and regulation, (g) Force Majeure, or (h) ordinary wear and tear of the Products (e.g., sweep bristles). 10.3. In jurisdictions that limit or preclude limitations or exclusion of remedies, damages, or liability, such as liability for gross negligence or willful misconduct or do not allow implied warranties to be excluded, the limitation or exclusion of warranties, remedies, damages, or liability set forth in these Terms are intended to apply to the maximum extent permitted by applicable law, and these Terms shall be deemed amended to comply with such limitations or exclusions. Customer may also have other rights that vary by state, country or other jurisdiction. 1.1. "Confidential Information" means: (i) any know-how, trade secrets, and other business or technical information of Seller that is confidential or proprietary or due to its nature or under the circumstances of its disclosure the Customer knows or has reason to know should be treated as confidential or proprietary, including but not limited to quotations, drawings, project documentation, samples and models. 11.2. Confidential Information does not include information that: (i) is or becomes generally known to the public through no fault or breach of these Terms by the Customer; (ii) is rightfully known by the Customerat the time of disclosure without an obligation of confidentiality; (iii) is independently developed by the Customer without use of Seller´s Confidential Information; (iv) is rightfully received by the Customer from a third party without restriction on use or disclosure; or (v) is disclosed with Seller´s prior written approval. 11.3. Customer shall not use Seller's Confidential Information except as necessary to use the Products and will not disclose such Confidential Information to any third party except to those of its employees, agents, subcontractors, or representatives who have a bona fide need to know such Confidential Information to enable Customer to use the Products; provided that each such employee, agent, subcontractor,and/or representative is/are bound by a written agreement that contains use and nondisclosure restrictions not less stringent than the terms set forth in this Section 11.3. The Customer will employ all reasonable steps to protect Seller´s Confidential Information from unauthorized use or disclosure, including, but not limited to, all steps that it takes to protect its own information of like importance. The foregoing obligations will not restrict the Customer from disclosing Seller's Confidential Information: (i) pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the Customer gives reasonable notice to Seller to contest such order or requirement; (ii) to its legal or financial advisors; and (iii) as required under applicable securities regulations. 11.4. In the event of a violation or threatened violation of Customer´s obligations under this Section 11, Seller shall be entitled to seek equitable relief, including in the form of a restraining order, orders for preliminary or permanent injunction, specific performance and any other relief that may be available from any court, without the requirement to secure or post any bond, or show actual monetary damages in connection with such relief. These remedies shall not be deemed to be exclusive but in addition to all other remedies available under these Terms, at law, or in equity. 9.4. In the event of an alleged breach of the Limited Product Warranty (a "Defect"), Customer shall, at Customer´s sole expense, send the Product to Seller. Seller shall conduct the necessary tests on such Product within a reasonable period. If Seller confirms the Defect, Sellershall, at its sole option and discretion, repair or replace the Defective Product. If the repair or replacement of the Defective Product is commercially unreasonable to Seller, Seller may, at its sole discretion, issue a refund to Customer in the amount Seller deems adequate. Such repair, replacement, or refund shall be the sole liability of Seller and the sole remedy of Customer with respect to a Defect. In no event shall any warranty claims for a Defect be made after twelve (12) months from the date of Customer´s receipt of the Products. Any Products or parts returned to Seller for removal or repair under this Section 9.4 shall be the property of Seller. Any applicable Limited Product Warranty period shall not start anew with the repair or replacement of the Defective Product (or any portion thereof). 9.5. Except for Limited Product Warranty, SELLER HEREBY EXPRESSLY EXCLUDES AND DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Seller makes no other warranties with respect to the Products, and no person is authorized to make any warranties on behalf of Seller that are inconsistent with the warranties set forth under this Section 9. 10. LIMITATION OF LIABILITY 11. CONFIDENTIALITY 3 12. INTELLECTUAL PROPERTY 12.1 Seller reserves the sole and exclusive ownership of the intellectual property rights in the Products (including but not limited to the technology used to manufacture the Products) and any improvements thereof regardless of inventorship or authorship. Customer shall not (and shall cause its employees, agents, representatives and customers to not) reverse engineer, decompile, disassemble, or decode any of Seller´s intellectual property embedded or used in any of the Product. 13. FORCE MAJEURE 13.1. Seller shall not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, disruptions of the public power supply, communications, and transportation infrastructure, governmental measures, malware or hacker attacks, fire, extraordinary weather events, epidemics, pandemics (or any government restrictions implemented as a result thereof), nuclear and chemical accidents, earthquakes, war, terrorist attacks, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, or other acts of God. 14. MISCELLANEOUS 14.1. If any provision contained in these Terms or any Confirmed Order is held by final judgment of a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalid, illegal, or unenforceable 19 16.1. These Terms and the Confirmed Orders shall be governed by and construed in accordance with the laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule that would defer to or cause the application of the substantive laws of any jurisdiction other than Wisconsin. The parties hereby expressly exclude the application of the 1980 United Nations Convention on Contracts for the International Sale of Goods. 16.2. Any dispute, controversy, or claim arising out of or relating to these Terms and any Confirmed Order, including but not limited to the execution, performance, or termination thereof or to any issue of liability arising out of the performance of these Terms or any Confirmed Order, which the parties have not been able to settle amicably shall be submitted to the exclusive jurisdiction of the state or federal courts with jurisdiction in the County of Calumet, Wisconsin, provided that notwithstanding the foregoing, Seller shall be entitled to seek specific performance and injunctive relief in any court of competent jurisdiction. Each party hereby waives any and all claims, pleas, or defenses (including without limitation a plea for forum non conveniens) that would permit such party to seek the jurisdiction of any courts or arbitration tribunals other than those set forth in the preceding sentence. 16.3. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS. 16. APPLICABLE LAW AND JURISDICTION 4 Order, the provisions of the Confirmed Order will govern and control. Seller may amend or modify these Terms from time to time. Seller may, at its sole discretion, provide Customer with written notice of any such changes, revisions, amendments, or modifications, provided, however that any such changes, revisions, amendments, or modifications shall become effective without any further action by any party and that they shall not apply to any Confirmed Order prior to the effective date of such changes, revisions, amendments, or modifications. provision shall be severed from the remainder of these Terms or such Confirmed Order, and the remainder of these Terms or such Confirmed Order shall be enforced. In addition, the invalid, illegal, or unenforceable provision shall be deemed to be automatically modified, and, as so modified, to be included in these Terms, such modification being made to the minimum extent necessary to render such provision valid, legal,and enforceable. 14.2. Seller may assign its rights and/or delegate its liabilities under any Confirmed Order at any time. Customer may not assign its rights or delegate its responsibilities under a Confirmed Order without Seller´s prior written consent. 14.3. Seller´s waiver of any breach or violation of these Terms or the provisions of any Confirmed Order by Customer shall not be construed as a waiver of any other present or future breach or breaches by Customer. 14.4. The parties hereto are independent contractors and nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between the parties. 14.5. Notices by a party regarding the exercise of rights and obligations under these Terms must be signed by authorized representatives of such party, and delivered via courier, mail, or e-mail to the other party´s address indicated in the applicable Confirmed Order, providedthat a notice by e-mail shall only be validly given if receipt thereof is acknowledged in writing by the recipient. 15. ENTIRE AGREEMENT; CONFLICTS. 15.1. These Terms, including the applicable Confirmed Order, constitute the entire and exclusive agreement of the parties regarding thesubject matter hereof and supersede any and all prior or contemporaneous agreements, communications, and understandings (both written and oral) regarding such subject matter. In the event of a conflict between the provisions of these Terms and the provisions of a Confirmed 20 TRKQT3MOD022324 Ship To: Cust: Phone:Bill To:Phone: ATTN: Reference No. Accepted by Date PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY MARSHALL AI HOOK CHRIS GUGGEMOS QT 93690 NET 30 DAYS 2/03/25 4/14/25 3001 $32,554.00 Order Comments: STATE OF MN CONTRACT #267372 Qty Part No.Description Price Ea. Net Amt. 1 9906313 - Control Add-on Force 6100 30 ft ISOBUS DLA 3 LANE Harness $654.00 $654.00 Kit for Chassis Side, 10/20 Port (includes power harness, CAN CAN harness, & ISOBUS connector) 1 9901757 - VariTech Ind. LDS AI1325-DAS HYD POWERED Anti-Ice System $18,044.00 $18,044.00 1 9901760 - VariTech Ind. Tank Tamer® Ball Baffle System AI1325 $2,610.00 $2,610.00 1 9901752 - VariTech Ind. 3 Lane Plumbing Package UPGRADE, AI1035-2600 $2,658.00 $2,658.00 1 9906373 - TMTE CS A-FRAME skid for Hooklift, painted Gloss Black, $8,276.00 $8,276.00 AI1325-DAS 1 9906364 - VariTech DEDUCT, Delete std galv skid framework, AI1325-DAS $2,113.00- $2,113.00- 1 9901748 - Anti-Icing Installation of anti-icing system (A-FRAM $2,425.00 $2,425.00 HOOKLIFT TYPE) $32,554.00 $32,554.00 MN 55427 USA MN 55427 0/00/00 ** QUOTATION ** 21 General Terms and Conditions for the Sale of Goods by Subsidiaries of ASH North America, Inc 1.1. These General Terms and Conditions for the Sale of Goods (these "Terms") govern the sale and delivery of all goods and products(the "Products"), and all transactions incidental thereto, by such subsidiary of ASH North America, Inc. identified on the respective Confirmed Order (as defined below) as the seller or supplier ("Seller") to any of its customers (each a "Customer"). The liability of each such subsidiary under these Terms or any Confirmed Order shall be several and not joint. Customer acknowledges and agrees that nothing in these Terms or any Confirmed Order shall be construed as implying joint liability in any case of ASH North America, Inc. or any of its subsidiaries. Each Seller shall be solely responsible for its own acts or omissions under the respective agreement with Customer. 1.2. No other terms or conditions shall be of any force or effect unless otherwise specifically agreed upon by Seller in a writing duly executed by an authorized officer of Seller. These Terms supersede any and all prior oral quotations, communications, agreements, or understandings of the parties in respect to the sale and delivery of the Products. The Seller may issue additional Terms and Conditions of Sale for certain products. These shall apply in addition to to the present Terms. Any additional or different terms or conditions contained in Customer's Order (as defined below), response to Seller´s confirmation, or any other form or document supplied by Customer are hereby expressly rejected and are rendered null, void, and of no effect. These Terms may not be modified, amended, waived, superseded, or rescinded, except by written agreement signed by an authorized officer of Seller.Delivery of the Products by Seller does not constitute acceptance of any of Customer´s terms and conditions and do not serve to modify or amend these Terms. 1.3. The issuance of an Order (as defined below) by Customer to Seller or any communication or conduct of Customer which confirms an agreement for the delivery of Products by Seller, as well as acceptance in whole or in part by Customer of any delivery of Products by Seller, shall be construed as Customer´s acceptance of theseTerms. Status 2024 1. SCOPE AND VALIDITY 2. OFFERS, ORDERS AND CONFIRMATION 2.1. Unless otherwise specified by Seller in writing, all offers made by Seller are not binding and may be revoked by Seller at any time without any liability to Customer. 2.2. Customer shall issue to Seller orders for the purchase of Products, in written form via the order process determined by Seller from time to time (each, an "Order"). By issuing an Order to Seller, Customermakes an offer to purchase the Products pursuant to these Terms and the terms set forth on such Order. Provided that the Order contains the same terms as in Seller´s corresponding offer, the Order shall be binding on Customer for six (6) weeks after Seller´s receipt of such Order. 2.3. Seller may refuse an Order for any or no reason. No Order is binding upon Seller until Seller´s acceptance of the Order in writing, the issuance of any governmental permit, license, or authority to Seller, as may be required under applicable laws, rules and regulations, and the receipt by Seller of a resale license to be provided by Customer (a "Confirmed Order"). 2.4. Specifications and other information on drawings, data sheets, pictures, plans, brochures, catalogs, or Seller´s website shall not be binding on Seller unless such specifications and information have been agreed to in writing by Seller in a Confirmed Order. Notwithstanding a Confirmed Order, Seller shall have no obligation to deliver Products to Customer or otherwise fulfill any of its obligations set forth in a Confirmed Order if Customer is in breach of any of its obligations hereunder or any Confirmed Order. 2.5. Customer may submit to Seller written requests to change the terms of a Confirmed Order (each such request, a "Change Order Request"). Seller may, at its sole discretion, consider such Change Order Request, provided that Seller will have no obligation to perform any Change Order Request unless and until Seller has agreed in writing to adopt such Change Order Request. If Seller elects to consider such a Change Order Request, then Seller shall promptly notify Customer of any adjustment to the applicable purchase price for the Products. 2.6. In the event Customer cancels any Confirmed Order for any reason, Customer shall reimburse to Seller all of Seller´s costs and expenses associated with or incurred due to such cancellation, including but not limited to the cost of raw materials, labor, and storage if cancellation occurs before Seller´s commencement of production. In the event Customer cancels any Confirmed Order for any reason and Seller has started the production of the Product on the respective Confirmed Order, Customer shall pay to Seller the full purchase price. 2.7. Each Confirmed Order shall be considered a separate agreement between the parties, and any failure to deliver the Products under any Confirmed Order shall have no consequences for other deliveries of Products. 3. PRICES 3.1. Unless otherwise agreed to by the parties in the applicable Confirmed Order, the prices of the Products shall be FCA (agreed delivery location on the applicable Confirmed Order), Incoterms 2022. 3.2. Unless otherwise agreed by the parties in a Confirmed Order, the price of the Products shall not include transportation, insurance, packaging, and Tooling (as defined below) and other materials used for the manufacturing and delivery, sales or Heavy Vehicle Use Tax (HVUT), other use tax or any other similar applicable federal, state or foreign taxes, duties, levies, or charges in any jurisdiction in connection with the sale or delivery of the Products ("Taxes"), Such Taxes shall be payable by Customer, and if Seller is responsible for the collection thereof, such Taxes shall either be added to the price invoiced or be separately invoiced by Seller to Customer. Any special requests concerning shipping, transportation, and insurance shall be communicated to Seller in a timely manner and subject to Seller´s prior written approval. Customer shall bear all costs resulting from such requests.In case of lead delivery times of more than two (2) months, Customer hereby acknowledges and agrees that Seller, may, at its sole discretion, increase or decrease the agreed prices on any Confirmed Order in the event of material price changes in wages, materials, energy or raw material after the date of the Confirmed Order. 4. PAYMENT TERMS 4.1. Except as set forth in Section 4.2 or unless otherwise agreed in writing by Seller, the purchase price for the Products and all other amounts due under a Confirmed Order shall be due and payable in US dollars within thirty (30) days following the date of Seller´s invoice for such Products without any discount, deduction or offset whatsoever. In no event shall any loss, damage, injury or destruction, Force Majeure (as defined below), or any other event beyond Customer´s control release Customer from its obligation to make the payments required herein. Payment of all amounts due hereunder shall be made by bank transfer or in any other manner set forth on Seller´s invoice. Customer shall be solely responsible for any bank fees, or other fees, incurred due to the wire transfer or any other selected payment method. If Seller agrees to payment by credit card, Seller shall charge an appropriate transaction fee, which the Customer shall also pay. 4.2. In the event Seller becomes aware of circumstances or has reason to believe that there are circumstances that may have an adverse effect on Customer´s financial condition, Seller may require the Customer to pay the total amount of the purchase price or fees, or a portion thereof prior to the delivery of the Products. Seller may, without any liability to Customer, refuse the delivery of any Product in the event the Customer fails to make the payment as required under this Section 4.2. 4.3. Time is of the essence for the payment of all amounts due to Seller under any Confirmed Order. If Customer fails to make payments of any amount when due, Customer shall pay interest to Seller at the rate of one percent (1%) per month or such lesser amount as may be permitted by applicable law starting from the due date until payment to Seller of such amount in full. In addition to the interest, Seller may, at its sole discretion, charge the Customer a flat fee of $40 for each reminder notice issued to Customer due to late payments. If Customer fails to comply with these Terms or a Confirmed Order, or if Customer becomes insolvent, all balances then due and owing to Seller shall become due immediately, notwithstanding any payment terms agreed by the parties. All costs and expenses incurred by Seller with respect to the collection of overdue payments (including, without limitation, reasonable attorney´s fees, expert fees, and other expenses of litigation) shall be borne by Customer. Every payment by Customer shall first be 22 5.1. If Seller extends credit to Customer for the purchase price for any Products (including but not limited to pursuant to Section 4.1.), or any other amounts due to Seller, Customer hereby grants to Seller as security for the timely payment and performance of all Customer´s payment obligations to Seller, a first priority security interest (the "Security Interest") in all Products heretofore or in the future delivered to Customer and in the proceeds thereof for as long as such Products shall not have been sold by Customer in the ordinary course of business (the "Collateral"). Seller shall be entitled to file any and all financing, continuation, or similar statements under the Uniform Commercial Code in any jurisdiction and take any and all other action necessary or desirable, in Seller´s sole and absolute discretion, to perfect its Security Interest in the Collateral and to establish, continue, preserve, and protect Seller´s Security Interest in the Collateral. Customer agrees to take any and all actions and provide Customer with all information necessary to enable Seller to perfect and enforce its Security Interest in all jurisdictions and vis-à-vis any of Customer´s creditors, and hereby irrevocably grants to Seller a power of attorney to execute all necessarystatements or documents in Customer´s name for the perfection and enforcement of such Security Interest. The Security Interest shall remain in force until payment in full of the entire purchase price for such Products, and any other amounts due to Seller by Customer. Seller may, without notice, change or withdraw extensions of credit at any time. applied to pay for Seller´s cost of collection, then interest owed by Customer, and then to the oldest outstanding claim. 4.4. Notwithstanding anything in the foregoing Section 4.3 or Section 5, if the parties agreed on installment payments in a Confirmed Order and Customer fails to make any installment payment when due, the remaining balance including accrued interest, and any expenses incurred by Seller shall be due and payable to Seller promptly upon Customer´s receipt of written notice of delinquency from Seller. 5. SECURITY INTEREST 2 6. OBLIGATIONS OF CUSTOMER 6.1. Customer shall use the Products solely for their intended purpose and pursuant to Seller´s instructions, and agrees to use only qualified personnel for the handling of the Products. Customer shall ensure that its customers, employees, agents, and other representatives comply with this Section 6.1. and shall be responsible for their acts and omissions. 7. DELIVERY AND ACCEPTANCE 7.1. Unless otherwise agreed in writing by Seller, all deliveries of Products shall be made FCA (agreed delivery location) (Incoterms 2020) and title to and risk of loss for the Products shall pass to Customer upon delivery pursuant to this Section 7.1. 7.2. Any delivery and performance times or dates communicated by or on behalf of Seller are estimates and shall not be binding on Seller. Seller may make partial delivery of Products to be delivered under any Confirmed Order and invoice Customer separately for such partial deliveries or performance. If Customer has not received the Products after six (6) weeks from the estimated delivery date, Customer may make a written request to Seller for delivery. Customer hereby acknowledges and agrees that the actual delivery date of the Products is conditioned upon the complete, accurate and timely delivery of materials from Seller´s vendors and suppliers. No delay in delivery of any Productsshall relieve Customer of its obligation to accept the delivery or performance thereof and make payments of any amounts due in accordance with these Terms, including but not limited to delays caused governmental restrictions on exports or imports and similar measures. 7.3. Customer´s failure to accept the delivery of Products pursuant to a Confirmed Order shall not release or excuse Customer from its obligation to timely pay all amounts due in connection with such Confirmed Order. The Products shall be deemed delivered at the time theyhave been made available to Customer. If Customer rejects or revokes acceptance of Products, or fails to pay any amounts when due, Seller, in its sole and absolute discretion, may extend the period of delivery of Products by such period as Seller may deem reasonable with such period not exceeding three (3) months from the agreed delivery date, or withhold or cancel delivery of any Products, or cancel any or all Confirmed Orders without any further obligations to Customer whatsoever. In such event, Customer shall be responsible for any and all costs and expenses incurred, or damages or losses suffered by Seller in connection with any such delay notwithstanding any action or inaction by Seller with regard to such delay. Any remaining Products that have not been accepted by Customer within the extended delivery period determined by Seller will be delivered and invoiced by Seller to Customer and Customer agrees to accept such delivery and pay for the purchase price and other amounts payable for the delivered Products. 8. EXAMINATION AND CONFORMITY TO ORDER 8.1. Promptly upon receipt of any Products, Customer shall conduct a full and complete inspection of such Products as to any defects and to confirm compliance with all requirements of the applicable Confirmed Order. Customer shall notify Seller in writing of any packaging defects, apparent defects, or non-compliance of such Products with the applicable Confirmed Order that Customer has or could reasonably have discovered during such inspection within seven (7) days from the date of receipt of such Products, and Customer shall notify Seller in writing within three (3) days of the date on which Customer shall first have become aware of any hidden defect or non-compliance which could not reasonably have been discovered during Customer´s initial inspection of the Products. Such notification shall include reasonable details (including images) on the alleged defects including lot, batch,or Order numbers. 8.2. If Customer fails to timely notify Seller of any defects or other non-compliance of any Products delivered or Customer (or its customers, employees, agents, or representatives) uses, destroys, or modifiesany Products that Customer knows or should have known to be defective or non-compliant without Seller´s prior written consent, Customer shall be deemed to have unconditionally accepted such Products and waived all of its claims for breach of warranty or otherwise in respect of such Products. 8.3. Customer may only return the Products to Seller with Seller´s prior written approval. If the return has been approved by Seller, Customer shall return the Products to Seller at Customer´s sole risk and expense to the destination directed by Seller. 8.4. Complaints of Customer in connection with the shipping or transport shall be directed to the carrier promptly upon receipt of the delivery or the freight documents. 9. LIMITED PRODUCT WARRANTY 9.1. Seller warrants to Customer that the Products will be free of defects in material and workmanship and conform with the requirements set forth in the applicable Confirmed Order for a period of twelve (12) months from the date of delivery for new business Products and ninety (90) days for after sales Products. (the "Limited Product Warranty"). 9.2. Unless expressly agreed to in writing by Seller, Seller makes no warranty that the Products comply with applicable law, regulations,or specifications in any jurisdiction in which the Products may be used, integrated or incorporated. Any governmental or other approvals necessary in connection with the use, integration or incorporation of the Products shall be Customer´s sole responsibility. 9.3. The Limited Product Warranty shall be void if the Defect (as defined below) resulted from (a) improper or inadequate use, storage,handling, operation, integration, incorporation, assembly, maintenance, or unauthorized alteration, modification, repair of the Products (including without limitation, the use storage, handling, operation, or integration of the Products contrary to written instructions and/or recommendations of Seller or inadequate training of personnel), (b)changes to construction and materials pursuant to Customer´s requests, (c) use of improper tools, resources, or accessories including those but not limited to any third party tools, resources, or accessories that are not approved by Seller or not in accordance with Seller´s recommendations, instructions, or directions, (d) acts or omissions of Customer or third parties following delivery of the Product, (e) Customer´s failure to properly communicate Seller´s instructions and warnings to users of the Products, (f) Customer´s, its employees, agents, representatives, customers or any third party´s non-compliance with applicable laws, rules and regulation, (g) Force Majeure, or (h) ordinary wear and tear of the Products (e.g., sweep bristles). 23 10.1. IN NO EVENT SHALL SELLER BE LIABLE TO CUSTOMER, ITS CUSTOMERS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, OR IMPOSED BY STATUTE, OR OTHERWISE, EVEN IF SELLER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OF THE TERMS CONTAINED HEREIN, SELLER´S LIABILITY FOR ANY CLAIM èWHETHER BASED UPON CONTRACT, TORT, EQUITY, NEGLIGENCE, OR ANY OTHER LEGAL CONCEPT è SHALL IN NO EVENT EXCEED THE PURCHASE PRICE PAID BY THE CUSTOMER FOR THE PRODUCTS, GIVING RISE TO SUCH CLAIM. CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT THE PROVISIONS OF THESE TERMS FAIRLY ALLOCATE THE RISKS BETWEEN SELLER AND CUSTOMER, THAT SELLER´S PRICING REFLECTS THIS ALLOCATION OF RISK, AND BUT FOR THIS ALLOCATION AND LIMITATION OF LIABILITY, SELLER WOULD NOT HAVE ENTERED INTO AN AGREEMENT WITH CUSTOMER FOR THE SALE OF THE PRODUCTS. 10.2. Seller shall not be liable for, and Customer assumes responsibility and shall indemnify, defend, and hold Seller harmless for any and all claims, including without limitation claims for personal injury or property damages, resulting from (a) the improper or inadequate use, storage, handling, operation, assembly, integration, incorporation, assembly, maintenance, or unauthorized alteration, modification, or repair of the Products (including without limitation, the use storage, handling, operation, or integration of the Products contrary to written instructions and/or recommendations of Seller or inadequate training of personnel), (b) changes to construction and materials pursuant to Customer´s requests, (c) use of improper tools, resources, or accessories including those but not limited to any third party tools, resources, or accessories that are not approved by Seller or not in accordance with Seller´s recommendations, instructions, or directions, (d) acts or omissions of failure to properly communicate Seller´s instructions and warnings to users of the Products, or (f) Customer´s, its employees, agents, representatives, customers or any third party´s non-compliance with applicable laws, rules and regulation, (g) Force Majeure, or (h) ordinary wear and tear of the Products (e.g., sweep bristles). 10.3. In jurisdictions that limit or preclude limitations or exclusion of remedies, damages, or liability, such as liability for gross negligence or willful misconduct or do not allow implied warranties to be excluded, the limitation or exclusion of warranties, remedies, damages, or liability set forth in these Terms are intended to apply to the maximum extent permitted by applicable law, and these Terms shall be deemed amended to comply with such limitations or exclusions. Customer may also have other rights that vary by state, country or other jurisdiction. 1.1. "Confidential Information" means: (i) any know-how, trade secrets, and other business or technical information of Seller that is confidential or proprietary or due to its nature or under the circumstances of its disclosure the Customer knows or has reason to know should be treated as confidential or proprietary, including but not limited to quotations, drawings, project documentation, samples and models. 11.2. Confidential Information does not include information that: (i) is or becomes generally known to the public through no fault or breach of these Terms by the Customer; (ii) is rightfully known by the Customerat the time of disclosure without an obligation of confidentiality; (iii) is independently developed by the Customer without use of Seller´s Confidential Information; (iv) is rightfully received by the Customer from a third party without restriction on use or disclosure; or (v) is disclosed with Seller´s prior written approval. 11.3. Customer shall not use Seller's Confidential Information except as necessary to use the Products and will not disclose such Confidential Information to any third party except to those of its employees, agents, subcontractors, or representatives who have a bona fide need to know such Confidential Information to enable Customer to use the Products; provided that each such employee, agent, subcontractor,and/or representative is/are bound by a written agreement that contains use and nondisclosure restrictions not less stringent than the terms set forth in this Section 11.3. The Customer will employ all reasonable steps to protect Seller´s Confidential Information from unauthorized use or disclosure, including, but not limited to, all steps that it takes to protect its own information of like importance. The foregoing obligations will not restrict the Customer from disclosing Seller's Confidential Information: (i) pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the Customer gives reasonable notice to Seller to contest such order or requirement; (ii) to its legal or financial advisors; and (iii) as required under applicable securities regulations. 11.4. In the event of a violation or threatened violation of Customer´s obligations under this Section 11, Seller shall be entitled to seek equitable relief, including in the form of a restraining order, orders for preliminary or permanent injunction, specific performance and any other relief that may be available from any court, without the requirement to secure or post any bond, or show actual monetary damages in connection with such relief. These remedies shall not be deemed to be exclusive but in addition to all other remedies available under these Terms, at law, or in equity. 9.4. In the event of an alleged breach of the Limited Product Warranty (a "Defect"), Customer shall, at Customer´s sole expense, send the Product to Seller. Seller shall conduct the necessary tests on such Product within a reasonable period. If Seller confirms the Defect, Sellershall, at its sole option and discretion, repair or replace the Defective Product. If the repair or replacement of the Defective Product is commercially unreasonable to Seller, Seller may, at its sole discretion, issue a refund to Customer in the amount Seller deems adequate. Such repair, replacement, or refund shall be the sole liability of Seller and the sole remedy of Customer with respect to a Defect. In no event shall any warranty claims for a Defect be made after twelve (12) months from the date of Customer´s receipt of the Products. Any Products or parts returned to Seller for removal or repair under this Section 9.4 shall be the property of Seller. Any applicable Limited Product Warranty period shall not start anew with the repair or replacement of the Defective Product (or any portion thereof). 9.5. Except for Limited Product Warranty, SELLER HEREBY EXPRESSLY EXCLUDES AND DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Seller makes no other warranties with respect to the Products, and no person is authorized to make any warranties on behalf of Seller that are inconsistent with the warranties set forth under this Section 9. 10. LIMITATION OF LIABILITY 11. CONFIDENTIALITY 3 12. INTELLECTUAL PROPERTY 12.1 Seller reserves the sole and exclusive ownership of the intellectual property rights in the Products (including but not limited to the technology used to manufacture the Products) and any improvements thereof regardless of inventorship or authorship. Customer shall not (and shall cause its employees, agents, representatives and customers to not) reverse engineer, decompile, disassemble, or decode any of Seller´s intellectual property embedded or used in any of the Product. 13. FORCE MAJEURE 13.1. Seller shall not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, disruptions of the public power supply, communications, and transportation infrastructure, governmental measures, malware or hacker attacks, fire, extraordinary weather events, epidemics, pandemics (or any government restrictions implemented as a result thereof), nuclear and chemical accidents, earthquakes, war, terrorist attacks, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, or other acts of God. 14. MISCELLANEOUS 14.1. If any provision contained in these Terms or any Confirmed Order is held by final judgment of a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalid, illegal, or unenforceable 24 16.1. These Terms and the Confirmed Orders shall be governed by and construed in accordance with the laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule that would defer to or cause the application of the substantive laws of any jurisdiction other than Wisconsin. The parties hereby expressly exclude the application of the 1980 United Nations Convention on Contracts for the International Sale of Goods. 16.2. Any dispute, controversy, or claim arising out of or relating to these Terms and any Confirmed Order, including but not limited to the execution, performance, or termination thereof or to any issue of liability arising out of the performance of these Terms or any Confirmed Order, which the parties have not been able to settle amicably shall be submitted to the exclusive jurisdiction of the state or federal courts with jurisdiction in the County of Calumet, Wisconsin, provided that notwithstanding the foregoing, Seller shall be entitled to seek specific performance and injunctive relief in any court of competent jurisdiction. Each party hereby waives any and all claims, pleas, or defenses (including without limitation a plea for forum non conveniens) that would permit such party to seek the jurisdiction of any courts or arbitration tribunals other than those set forth in the preceding sentence. 16.3. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS. 16. APPLICABLE LAW AND JURISDICTION 4 Order, the provisions of the Confirmed Order will govern and control. Seller may amend or modify these Terms from time to time. Seller may, at its sole discretion, provide Customer with written notice of any such changes, revisions, amendments, or modifications, provided, however that any such changes, revisions, amendments, or modifications shall become effective without any further action by any party and that they shall not apply to any Confirmed Order prior to the effective date of such changes, revisions, amendments, or modifications. provision shall be severed from the remainder of these Terms or such Confirmed Order, and the remainder of these Terms or such Confirmed Order shall be enforced. In addition, the invalid, illegal, or unenforceable provision shall be deemed to be automatically modified, and, as so modified, to be included in these Terms, such modification being made to the minimum extent necessary to render such provision valid, legal,and enforceable. 14.2. Seller may assign its rights and/or delegate its liabilities under any Confirmed Order at any time. Customer may not assign its rights or delegate its responsibilities under a Confirmed Order without Seller´s prior written consent. 14.3. Seller´s waiver of any breach or violation of these Terms or the provisions of any Confirmed Order by Customer shall not be construed as a waiver of any other present or future breach or breaches by Customer. 14.4. The parties hereto are independent contractors and nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between the parties. 14.5. Notices by a party regarding the exercise of rights and obligations under these Terms must be signed by authorized representatives of such party, and delivered via courier, mail, or e-mail to the other party´s address indicated in the applicable Confirmed Order, providedthat a notice by e-mail shall only be validly given if receipt thereof is acknowledged in writing by the recipient. 15. ENTIRE AGREEMENT; CONFLICTS. 15.1. These Terms, including the applicable Confirmed Order, constitute the entire and exclusive agreement of the parties regarding thesubject matter hereof and supersede any and all prior or contemporaneous agreements, communications, and understandings (both written and oral) regarding such subject matter. In the event of a conflict between the provisions of these Terms and the provisions of a Confirmed 25 TRKQT3MOD022324 Ship To: Cust: Phone:Bill To: Phone: ATTN: Reference No. Accepted by Date PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY MARSHALL SINGLE HOOK TRUCK CHRIS GUGGEMOS QT 95546 NET 30 DAYS 4/14/25 4/14/25 3001 Order Comments: STATE OF MN CONTRACT #267372 Qty Part No. Description Price Ea. Net Amt. 1 9900012 - Body 11'0" EDGE-SC/SCIS-46-36-36 - - 46" 3/16" Hardox-450 $16,264.00 $16,264.00 Front, 36" 3/16" Hardox-450 sides (no pockets), 36" 3/16" Hard ox-450 Tailgate, 1/4" Hardox-450 Floor, 8" I-Beam Longsills, Air-trip ready linkage, unpainted. 1 9905762 - HOOK 200 11' & 400 14' SERIES A-Frame & Sub Frame With $5,712.00 $5,712.00 Rollers (not for AI system Use) 1 9905764 - DEDUCT Longsills - Towmaster SGL Body HOOKLIFT Application $856.00- $856.00- (must add A-Frame Subframe Option) 1 9901704 - Painting of Dump Body; includes media blasting of entire $4,673.00 $4,673.00 exterior & understructure, Urethane Primed, & Urethane Top Coat s applied. CAB MATCH (COLOR) CONTRAST (COLOR) Understructure is seam sealed, and painted Gloss Black. 1 9901701 - Installation of Dump Body to hoist $2,420.00 $2,420.00 1 9900145 - Body acc'y TMTE Air trip kit, w/solenoid valve $505.00 $505.00 1 9901702 - Installation of air operated tailgate latch kit, with $472.00 $472.00 solenoid valve in hydraulic valve enclosure. 1 9900147 - Body acc Box Vibrator - Cougar model DC3200 $866.00 $866.00 1 9901703 - Installation of Box Vibrator, with solenoid located in $549.00 $549.00 hydraulic valve enclosure. 1 9906172 - Cabshield, 1/2 type Stationary Free-Standing style, for $4,805.00 $4,805.00 VERTICAL VALVE w/plain STAINLESS STEEL canopy, Hot-Dipped *--- Continued ---* MN 55427 USA MN 55427 0/00/00 ** QUOTATION ** 26 TRKQT3MOD022324 Ship To: Cust: Phone:Bill To: Phone: ATTN: Reference No. Accepted by Date PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY MARSHALL SINGLE HOOK TRUCK CHRIS GUGGEMOS QT 95546 NET 30 DAYS 4/14/25 4/14/25 3001 Galvanized Modular Channel support stand, Slotted Center Viewing Window, (2) shovel holders, & reservior mounts, Installed. 1 9900206 - Ladder Flip-A-Way Access ladder Pkg (Carbon Steel), $737.00 $737.00 Including Grab Handle above, and Interior Step, ea, Installed LOCATED LH FRONT : LH REAR 1 9904963 - Light Warning TMTE1SSM-3 PKG: 1/2 A 1/2 B, (2) SS 23H $5,744.00 $5,744.00 3-light LED Micro-Edge, 2) 5M-400 Super-LED, (2) Side TIR3 LED, (2 ) 400 Max B-T-T LED, & (2) 400 LED BU Lights, in Stainless M Housings, (1) TIR3 LED Wing light, and (2) 4" LED work lights Installed. NOTE: Blue Lights positioned on RH Front & LH Rear, with flash pattern set to WIG-WAG. ***DONT LET WING LIGHT GET TO CLOSE EXHUSR. ***NOTE ALL ECECTRICAL CONNECTIONS TO BE MADE THRU (1) HD-32 CONNECTOR IN LIEU OF MULTIPLE CONNECTORS, PER CUSTOMER REQUEST. 1 9900222 - Light Warning Rear warning lights & 5M housings (removable $5,155.00 $5,155.00 w/body) for hooklift system Installed ** NOTE BLUE & AMBER SPLIT COLOR SYSTEM, IN SAME PATTERN AS TRUCK FRAME. SYSTEM FOR FOR DUMP BODY. ***NOTE ALL ECECTRICAL CONNECTIONS TO BE MADE THRU (1) HD-32 CONNECTOR IN LIEU OF MULTIPLE CONNECTIONS PER CUSTOMER REQUEST. 1 9902519 - Light WHELEN MICRO PIONEER spot light, Installed $843.00 $843.00 **NOTE: Mounted on RH CABSHIELD STROBE TUBE. FOR WING ILLUMINATION USE (IN LIEU OF STANDARD LIGHT) WIRED TO SWITCH IN CAB. 1 9905778 - Light Mirror Mounted ABL 3800 LED HEAD LAMP PLOW LIGHTS $1,567.00 $1,567.00 W/ICE MELTING TECHNOLOGY Installed 1 9900266 - Fender set Minimizer MIN2261, for Single Axle, black Poly, $1,232.00 $1,232.00 Installed *--- Continued ---* MN 55427 USA MN 55427 0/00/00 ** QUOTATION ** 27 TRKQT3MOD022324 Ship To: Cust: Phone:Bill To: Phone: ATTN: Reference No. Accepted by Date PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY MARSHALL SINGLE HOOK TRUCK CHRIS GUGGEMOS QT 95546 NET 30 DAYS 4/14/25 4/14/25 3001 1 1965280 - Minimizer FKMAC2B Floor Mat Set for MACK SGL & TDM $253.00 $253.00 1 9900970 - Tire Chains ON-SPOT for 1 Axle Installed $4,946.00 $4,946.00 1 9905502 - PreCise ARC Sensor Mount #1126929, only GEN 5 6100 $80.00 $80.00 1 9905835 - PreCise ARC Sensor #1117640, only, for Wireless GEN 5 $770.00 $770.00 CONTROLLER Applications (LESS MTG BRKT), installed 1 9903174 - Hoist, SWAPLOADER SL-2418 (50H71LH) Fixed 53-7/8" jib, $28,381.00 $28,381.00 24,000# capacity hooklift hoist, Less Hydraulics 1 9903217 - Install Hooklift Hoist (SL100 & 200 Series) Hoist to truck $3,908.00 $3,908.00 chassis, Including hoses & fittings to Central Hydraulic syst em. (Hydraulic system not included) 1 9902924 - Scraper FALLS IB-10A 1" x 17" MB, w/single lift cylinder $10,186.00 $10,186.00 W/12" bolt-on extension (11' total), LESS CUTTING EDGES 1 9901705 - Installation of underbody fixed angle scraper w/single lift $3,887.00 $3,887.00 cylinder 1 9904232 - Scraper FORCE Electric pressure transmitter to read on LCD $429.00 $429.00 screen, installed 1 9900351 - Scraper FORCE reverse/Auto-Lift system, ADD-A-FOLD valve, $538.00 $538.00 installed 1 9902948 - Wing Falls RHSDL10A-HYDPB Primed LESS CUTTING EDGES $15,058.00 $15,058.00 1 9900388 - Installation Falls SDL Series Wing - w/Bulkhead Couplers $6,655.00 $6,655.00 *--- Continued ---* MN 55427 USA MN 55427 0/00/00 ** QUOTATION ** 28 TRKQT3MOD022324 Ship To: Cust: Phone:Bill To: Phone: ATTN: Reference No. Accepted by Date PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY MARSHALL SINGLE HOOK TRUCK CHRIS GUGGEMOS QT 95546 NET 30 DAYS 4/14/25 4/14/25 3001 1 9901431 - Wing Falls RL (REAR LIFT) up charge SDL WING $649.00 $649.00 1 9900479 - Wing Falls Gloss Black - Paint Moldboard $465.00 $465.00 1 9900555 - Plow Hitch Falls 44XB2/STD/STD/SA/SPR-RET/HITCH $4,478.00 $4,478.00 1 9900589 - Installation Falls Plow Hitch - 40 Series 3Line/STDBLKHD $2,626.00 $2,626.00 1 9900626 - Plow Push Unit Falls 24/44 Series Offset $1,641.00 $1,641.00 1 9900637 - Plow Falls High Visibility Marker Set $161.00 $161.00 1 9900639 - Plow Falls 1/2" x 12" Standard Rubber Belt Snow Deflector $509.00 $509.00 Kit - Installed 1 9900641 - Plow Falls Parking Stand - Screw Adj Style $391.00 $391.00 1 9903074 - Plow Falls Poly PTE-1248/TRP-EDG/NOSHU/POLY-BLK Plow LESS $13,509.00 $13,509.00 CUTTING EDGES 1 9902494 - Hitch 7 Contact RV (flat pin) socket installed $230.00 $230.00 1 9902495 - Hitch Electronic Brake controller w/wiring to rear socket, $695.00 $695.00 installed in cab of truck 1 9900775 - Hitch TMTE Medium Duty STD Hitch Plate assembly $687.00 $687.00 1 9901172 - Hitch Installation of med duty hitch (Weld On) $283.00 $283.00 **NOTE: HITCH PLATE FACE TO BE LOCATED: ___________________ IN REFERENCE TO REAR TIRE FACE. 1 9900776 - Hitch PH-20 Pintle Hook installed $230.00 $230.00 *--- Continued ---* MN 55427 USA MN 55427 0/00/00 ** QUOTATION ** 29 TRKQT3MOD022324 Ship To: Cust: Phone:Bill To: Phone: ATTN: Reference No. Accepted by Date PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY MARSHALL SINGLE HOOK TRUCK CHRIS GUGGEMOS QT 95546 NET 30 DAYS 4/14/25 4/14/25 3001 1 9901718 - Sander Install & dual manifold RH & LH rear $1,507.00 $1,507.00 FOR HOOKLIFT APPLICATION 1 9900858 - Valve System, Force Add-A-Fold MCV-ISO Valve 10 + 1 $21,455.00 $21,455.00 Functions (Hooklift App), INSTALLED (11 Total Functions) HOOKLIFT HOIST, HOOKLIFT JIB, PLOW LIFT, PLOW ANGLE,WING TOE, WING HEEL, WING PUSHBAR, SCRAPER LIFT, AUGER, SPINNER, ANTI ICE,PREWET 1 9901385 - Valve System, Force MCV-ISO additional function (above 10), $1,391.00 $1,391.00 per each FOR ANTI ICE 1 9902497 - Control System Force ULTRA-4-6100 Commander control, $15,961.00 $15,961.00 Installed 1 9903288 - Control Add-on Force 6100 for Direct Application Valve $2,187.00 $2,187.00 Module, & Feedback, for 3 Lane only. 1 9904956 - Control Add-on Force 6100 16 ft ISOBUS DLA 3 LANE Harness $1,533.00 $1,533.00 Kit for DLA Side (NOTE: Requires Chassis Side ISOBUS also) 1 9900882 - Reservoir TMTE 31 Gal Cabshield mt (stainless steel) $4,267.00 $4,267.00 w/intank filter for system, installed 1 9900891 - Pump Force TXV92 (5.6 ci) Pump, 280 HOT SHIFT PTO for $8,811.00 $8,811.00 Allison Trans, w/Elec shut down installed 1 9900936 - Valve Force ADDER for VERTICAL valve enclosure in lieu of $623.00 $623.00 standard 1 9900904 - Valve 2-port 1/2" Multi-Hose coupler system installed $1,265.00 $1,265.00 *--- Continued ---* MN 55427 USA MN 55427 0/00/00 ** QUOTATION ** 30 TRKQT3MOD022324 Ship To: Cust: Phone:Bill To:Phone: ATTN: Reference No. Accepted by Date PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY MARSHALL SINGLE HOOK TRUCK CHRIS GUGGEMOS QT 95546 NET 30 DAYS 4/14/25 4/14/25 3001 $211,333.00 FOR PLOW 1 WARRANTY - TOWMASTER EXCLUSIVE WARRANTY: 5 yr Steel/Stainless Steel Body Structure; 5 yr Whelen LED Light Systems; 4 yr SwapLoader Hoists; 1 year Swenson Spreaders, 2 yr Hyd, FALLS Snow Equip, Tele/Scissor Hoists, and all other items. $211,333.00 $211,333.00 MN 55427 USA MN 55427 0/00/00 ** QUOTATION ** 31 General Terms and Conditions for the Sale of Goods by Subsidiaries of ASH North America, Inc 1.1. These General Terms and Conditions for the Sale of Goods (these "Terms") govern the sale and delivery of all goods and products(the "Products"), and all transactions incidental thereto, by such subsidiary of ASH North America, Inc. identified on the respective Confirmed Order (as defined below) as the seller or supplier ("Seller") to any of its customers (each a "Customer"). The liability of each such subsidiary under these Terms or any Confirmed Order shall be several and not joint. Customer acknowledges and agrees that nothing in these Terms or any Confirmed Order shall be construed as implying joint liability in any case of ASH North America, Inc. or any of its subsidiaries. Each Seller shall be solely responsible for its own acts or omissions under the respective agreement with Customer. 1.2. No other terms or conditions shall be of any force or effect unless otherwise specifically agreed upon by Seller in a writing duly executed by an authorized officer of Seller. These Terms supersede any and all prior oral quotations, communications, agreements, or understandings of the parties in respect to the sale and delivery of the Products. The Seller may issue additional Terms and Conditions of Sale for certain products. These shall apply in addition to to the present Terms. Any additional or different terms or conditions contained in Customer's Order (as defined below), response to Seller´s confirmation, or any other form or document supplied by Customer are hereby expressly rejected and are rendered null, void, and of no effect. These Terms may not be modified, amended, waived, superseded, or rescinded, except by written agreement signed by an authorized officer of Seller.Delivery of the Products by Seller does not constitute acceptance of any of Customer´s terms and conditions and do not serve to modify or amend these Terms. 1.3. The issuance of an Order (as defined below) by Customer to Seller or any communication or conduct of Customer which confirms an agreement for the delivery of Products by Seller, as well as acceptance in whole or in part by Customer of any delivery of Products by Seller, shall be construed as Customer´s acceptance of theseTerms. Status 2024 1. SCOPE AND VALIDITY 2. OFFERS, ORDERS AND CONFIRMATION 2.1. Unless otherwise specified by Seller in writing, all offers made by Seller are not binding and may be revoked by Seller at any time without any liability to Customer. 2.2. Customer shall issue to Seller orders for the purchase of Products, in written form via the order process determined by Seller from time to time (each, an "Order"). By issuing an Order to Seller, Customermakes an offer to purchase the Products pursuant to these Terms and the terms set forth on such Order. Provided that the Order contains the same terms as in Seller´s corresponding offer, the Order shall be binding on Customer for six (6) weeks after Seller´s receipt of such Order. 2.3. Seller may refuse an Order for any or no reason. No Order is binding upon Seller until Seller´s acceptance of the Order in writing, the issuance of any governmental permit, license, or authority to Seller, as may be required under applicable laws, rules and regulations, and the receipt by Seller of a resale license to be provided by Customer (a "Confirmed Order"). 2.4. Specifications and other information on drawings, data sheets, pictures, plans, brochures, catalogs, or Seller´s website shall not be binding on Seller unless such specifications and information have been agreed to in writing by Seller in a Confirmed Order. Notwithstanding a Confirmed Order, Seller shall have no obligation to deliver Products to Customer or otherwise fulfill any of its obligations set forth in a Confirmed Order if Customer is in breach of any of its obligations hereunder or any Confirmed Order. 2.5. Customer may submit to Seller written requests to change the terms of a Confirmed Order (each such request, a "Change Order Request"). Seller may, at its sole discretion, consider such Change Order Request, provided that Seller will have no obligation to perform any Change Order Request unless and until Seller has agreed in writing to adopt such Change Order Request. If Seller elects to consider such a Change Order Request, then Seller shall promptly notify Customer of any adjustment to the applicable purchase price for the Products. 2.6. In the event Customer cancels any Confirmed Order for any reason, Customer shall reimburse to Seller all of Seller´s costs and expenses associated with or incurred due to such cancellation, including but not limited to the cost of raw materials, labor, and storage if cancellation occurs before Seller´s commencement of production. In the event Customer cancels any Confirmed Order for any reason and Seller has started the production of the Product on the respective Confirmed Order, Customer shall pay to Seller the full purchase price. 2.7. Each Confirmed Order shall be considered a separate agreement between the parties, and any failure to deliver the Products under any Confirmed Order shall have no consequences for other deliveries of Products. 3. PRICES 3.1. Unless otherwise agreed to by the parties in the applicable Confirmed Order, the prices of the Products shall be FCA (agreed delivery location on the applicable Confirmed Order), Incoterms 2022. 3.2. Unless otherwise agreed by the parties in a Confirmed Order, the price of the Products shall not include transportation, insurance, packaging, and Tooling (as defined below) and other materials used for the manufacturing and delivery, sales or Heavy Vehicle Use Tax (HVUT), other use tax or any other similar applicable federal, state or foreign taxes, duties, levies, or charges in any jurisdiction in connection with the sale or delivery of the Products ("Taxes"), Such Taxes shall be payable by Customer, and if Seller is responsible for the collection thereof, such Taxes shall either be added to the price invoiced or be separately invoiced by Seller to Customer. Any special requests concerning shipping, transportation, and insurance shall be communicated to Seller in a timely manner and subject to Seller´s prior written approval. Customer shall bear all costs resulting from such requests.In case of lead delivery times of more than two (2) months, Customer hereby acknowledges and agrees that Seller, may, at its sole discretion, increase or decrease the agreed prices on any Confirmed Order in the event of material price changes in wages, materials, energy or raw material after the date of the Confirmed Order. 4. PAYMENT TERMS 4.1. Except as set forth in Section 4.2 or unless otherwise agreed in writing by Seller, the purchase price for the Products and all other amounts due under a Confirmed Order shall be due and payable in US dollars within thirty (30) days following the date of Seller´s invoice for such Products without any discount, deduction or offset whatsoever. In no event shall any loss, damage, injury or destruction, Force Majeure (as defined below), or any other event beyond Customer´s control release Customer from its obligation to make the payments required herein. Payment of all amounts due hereunder shall be made by bank transfer or in any other manner set forth on Seller´s invoice. Customer shall be solely responsible for any bank fees, or other fees, incurred due to the wire transfer or any other selected payment method. If Seller agrees to payment by credit card, Seller shall charge an appropriate transaction fee, which the Customer shall also pay. 4.2. In the event Seller becomes aware of circumstances or has reason to believe that there are circumstances that may have an adverse effect on Customer´s financial condition, Seller may require the Customer to pay the total amount of the purchase price or fees, or a portion thereof prior to the delivery of the Products. Seller may, without any liability to Customer, refuse the delivery of any Product in the event the Customer fails to make the payment as required under this Section 4.2. 4.3. Time is of the essence for the payment of all amounts due to Seller under any Confirmed Order. If Customer fails to make payments of any amount when due, Customer shall pay interest to Seller at the rate of one percent (1%) per month or such lesser amount as may be permitted by applicable law starting from the due date until payment to Seller of such amount in full. In addition to the interest, Seller may, at its sole discretion, charge the Customer a flat fee of $40 for each reminder notice issued to Customer due to late payments. If Customer fails to comply with these Terms or a Confirmed Order, or if Customer becomes insolvent, all balances then due and owing to Seller shall become due immediately, notwithstanding any payment terms agreed by the parties. All costs and expenses incurred by Seller with respect to the collection of overdue payments (including, without limitation, reasonable attorney´s fees, expert fees, and other expenses of litigation) shall be borne by Customer. Every payment by Customer shall first be 32 5.1. If Seller extends credit to Customer for the purchase price for any Products (including but not limited to pursuant to Section 4.1.), or any other amounts due to Seller, Customer hereby grants to Seller as security for the timely payment and performance of all Customer´s payment obligations to Seller, a first priority security interest (the "Security Interest") in all Products heretofore or in the future delivered to Customer and in the proceeds thereof for as long as such Products shall not have been sold by Customer in the ordinary course of business (the "Collateral"). Seller shall be entitled to file any and all financing, continuation, or similar statements under the Uniform Commercial Code in any jurisdiction and take any and all other action necessary or desirable, in Seller´s sole and absolute discretion, to perfect its Security Interest in the Collateral and to establish, continue, preserve, and protect Seller´s Security Interest in the Collateral. Customer agrees to take any and all actions and provide Customer with all information necessary to enable Seller to perfect and enforce its Security Interest in all jurisdictions and vis-à-vis any of Customer´s creditors, and hereby irrevocably grants to Seller a power of attorney to execute all necessarystatements or documents in Customer´s name for the perfection and enforcement of such Security Interest. The Security Interest shall remain in force until payment in full of the entire purchase price for such Products, and any other amounts due to Seller by Customer. Seller may, without notice, change or withdraw extensions of credit at any time. applied to pay for Seller´s cost of collection, then interest owed by Customer, and then to the oldest outstanding claim. 4.4. Notwithstanding anything in the foregoing Section 4.3 or Section 5, if the parties agreed on installment payments in a Confirmed Order and Customer fails to make any installment payment when due, the remaining balance including accrued interest, and any expenses incurred by Seller shall be due and payable to Seller promptly upon Customer´s receipt of written notice of delinquency from Seller. 5. SECURITY INTEREST 2 6. OBLIGATIONS OF CUSTOMER 6.1. Customer shall use the Products solely for their intended purpose and pursuant to Seller´s instructions, and agrees to use only qualified personnel for the handling of the Products. Customer shall ensure that its customers, employees, agents, and other representatives comply with this Section 6.1. and shall be responsible for their acts and omissions. 7. DELIVERY AND ACCEPTANCE 7.1. Unless otherwise agreed in writing by Seller, all deliveries of Products shall be made FCA (agreed delivery location) (Incoterms 2020) and title to and risk of loss for the Products shall pass to Customer upon delivery pursuant to this Section 7.1. 7.2. Any delivery and performance times or dates communicated by or on behalf of Seller are estimates and shall not be binding on Seller. Seller may make partial delivery of Products to be delivered under any Confirmed Order and invoice Customer separately for such partial deliveries or performance. If Customer has not received the Products after six (6) weeks from the estimated delivery date, Customer may make a written request to Seller for delivery. Customer hereby acknowledges and agrees that the actual delivery date of the Products is conditioned upon the complete, accurate and timely delivery of materials from Seller´s vendors and suppliers. No delay in delivery of any Productsshall relieve Customer of its obligation to accept the delivery or performance thereof and make payments of any amounts due in accordance with these Terms, including but not limited to delays caused governmental restrictions on exports or imports and similar measures. 7.3. Customer´s failure to accept the delivery of Products pursuant to a Confirmed Order shall not release or excuse Customer from its obligation to timely pay all amounts due in connection with such Confirmed Order. The Products shall be deemed delivered at the time theyhave been made available to Customer. If Customer rejects or revokes acceptance of Products, or fails to pay any amounts when due, Seller, in its sole and absolute discretion, may extend the period of delivery of Products by such period as Seller may deem reasonable with such period not exceeding three (3) months from the agreed delivery date, or withhold or cancel delivery of any Products, or cancel any or all Confirmed Orders without any further obligations to Customer whatsoever. In such event, Customer shall be responsible for any and all costs and expenses incurred, or damages or losses suffered by Seller in connection with any such delay notwithstanding any action or inaction by Seller with regard to such delay. Any remaining Products that have not been accepted by Customer within the extended delivery period determined by Seller will be delivered and invoiced by Seller to Customer and Customer agrees to accept such delivery and pay for the purchase price and other amounts payable for the delivered Products. 8. EXAMINATION AND CONFORMITY TO ORDER 8.1. Promptly upon receipt of any Products, Customer shall conduct a full and complete inspection of such Products as to any defects and to confirm compliance with all requirements of the applicable Confirmed Order. Customer shall notify Seller in writing of any packaging defects, apparent defects, or non-compliance of such Products with the applicable Confirmed Order that Customer has or could reasonably have discovered during such inspection within seven (7) days from the date of receipt of such Products, and Customer shall notify Seller in writing within three (3) days of the date on which Customer shall first have become aware of any hidden defect or non-compliance which could not reasonably have been discovered during Customer´s initial inspection of the Products. Such notification shall include reasonable details (including images) on the alleged defects including lot, batch,or Order numbers. 8.2. If Customer fails to timely notify Seller of any defects or other non-compliance of any Products delivered or Customer (or its customers, employees, agents, or representatives) uses, destroys, or modifiesany Products that Customer knows or should have known to be defective or non-compliant without Seller´s prior written consent, Customer shall be deemed to have unconditionally accepted such Products and waived all of its claims for breach of warranty or otherwise in respect of such Products. 8.3. Customer may only return the Products to Seller with Seller´s prior written approval. If the return has been approved by Seller, Customer shall return the Products to Seller at Customer´s sole risk and expense to the destination directed by Seller. 8.4. Complaints of Customer in connection with the shipping or transport shall be directed to the carrier promptly upon receipt of the delivery or the freight documents. 9. LIMITED PRODUCT WARRANTY 9.1. Seller warrants to Customer that the Products will be free of defects in material and workmanship and conform with the requirements set forth in the applicable Confirmed Order for a period of twelve (12) months from the date of delivery for new business Products and ninety (90) days for after sales Products. (the "Limited Product Warranty"). 9.2. Unless expressly agreed to in writing by Seller, Seller makes no warranty that the Products comply with applicable law, regulations,or specifications in any jurisdiction in which the Products may be used, integrated or incorporated. Any governmental or other approvals necessary in connection with the use, integration or incorporation of the Products shall be Customer´s sole responsibility. 9.3. The Limited Product Warranty shall be void if the Defect (as defined below) resulted from (a) improper or inadequate use, storage,handling, operation, integration, incorporation, assembly, maintenance, or unauthorized alteration, modification, repair of the Products (including without limitation, the use storage, handling, operation, or integration of the Products contrary to written instructions and/or recommendations of Seller or inadequate training of personnel), (b)changes to construction and materials pursuant to Customer´s requests, (c) use of improper tools, resources, or accessories including those but not limited to any third party tools, resources, or accessories that are not approved by Seller or not in accordance with Seller´s recommendations, instructions, or directions, (d) acts or omissions of Customer or third parties following delivery of the Product, (e) Customer´s failure to properly communicate Seller´s instructions and warnings to users of the Products, (f) Customer´s, its employees, agents, representatives, customers or any third party´s non-compliance with applicable laws, rules and regulation, (g) Force Majeure, or (h) ordinary wear and tear of the Products (e.g., sweep bristles). 33 10.1. IN NO EVENT SHALL SELLER BE LIABLE TO CUSTOMER, ITS CUSTOMERS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, OR IMPOSED BY STATUTE, OR OTHERWISE, EVEN IF SELLER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OF THE TERMS CONTAINED HEREIN, SELLER´S LIABILITY FOR ANY CLAIM èWHETHER BASED UPON CONTRACT, TORT, EQUITY, NEGLIGENCE, OR ANY OTHER LEGAL CONCEPT è SHALL IN NO EVENT EXCEED THE PURCHASE PRICE PAID BY THE CUSTOMER FOR THE PRODUCTS, GIVING RISE TO SUCH CLAIM. CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT THE PROVISIONS OF THESE TERMS FAIRLY ALLOCATE THE RISKS BETWEEN SELLER AND CUSTOMER, THAT SELLER´S PRICING REFLECTS THIS ALLOCATION OF RISK, AND BUT FOR THIS ALLOCATION AND LIMITATION OF LIABILITY, SELLER WOULD NOT HAVE ENTERED INTO AN AGREEMENT WITH CUSTOMER FOR THE SALE OF THE PRODUCTS. 10.2. Seller shall not be liable for, and Customer assumes responsibility and shall indemnify, defend, and hold Seller harmless for any and all claims, including without limitation claims for personal injury or property damages, resulting from (a) the improper or inadequate use, storage, handling, operation, assembly, integration, incorporation, assembly, maintenance, or unauthorized alteration, modification, or repair of the Products (including without limitation, the use storage, handling, operation, or integration of the Products contrary to written instructions and/or recommendations of Seller or inadequate training of personnel), (b) changes to construction and materials pursuant to Customer´s requests, (c) use of improper tools, resources, or accessories including those but not limited to any third party tools, resources, or accessories that are not approved by Seller or not in accordance with Seller´s recommendations, instructions, or directions, (d) acts or omissions of failure to properly communicate Seller´s instructions and warnings to users of the Products, or (f) Customer´s, its employees, agents, representatives, customers or any third party´s non-compliance with applicable laws, rules and regulation, (g) Force Majeure, or (h) ordinary wear and tear of the Products (e.g., sweep bristles). 10.3. In jurisdictions that limit or preclude limitations or exclusion of remedies, damages, or liability, such as liability for gross negligence or willful misconduct or do not allow implied warranties to be excluded, the limitation or exclusion of warranties, remedies, damages, or liability set forth in these Terms are intended to apply to the maximum extent permitted by applicable law, and these Terms shall be deemed amended to comply with such limitations or exclusions. Customer may also have other rights that vary by state, country or other jurisdiction. 1.1. "Confidential Information" means: (i) any know-how, trade secrets, and other business or technical information of Seller that is confidential or proprietary or due to its nature or under the circumstances of its disclosure the Customer knows or has reason to know should be treated as confidential or proprietary, including but not limited to quotations, drawings, project documentation, samples and models. 11.2. Confidential Information does not include information that: (i) is or becomes generally known to the public through no fault or breach of these Terms by the Customer; (ii) is rightfully known by the Customerat the time of disclosure without an obligation of confidentiality; (iii) is independently developed by the Customer without use of Seller´s Confidential Information; (iv) is rightfully received by the Customer from a third party without restriction on use or disclosure; or (v) is disclosed with Seller´s prior written approval. 11.3. Customer shall not use Seller's Confidential Information except as necessary to use the Products and will not disclose such Confidential Information to any third party except to those of its employees, agents, subcontractors, or representatives who have a bona fide need to know such Confidential Information to enable Customer to use the Products; provided that each such employee, agent, subcontractor,and/or representative is/are bound by a written agreement that contains use and nondisclosure restrictions not less stringent than the terms set forth in this Section 11.3. The Customer will employ all reasonable steps to protect Seller´s Confidential Information from unauthorized use or disclosure, including, but not limited to, all steps that it takes to protect its own information of like importance. The foregoing obligations will not restrict the Customer from disclosing Seller's Confidential Information: (i) pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the Customer gives reasonable notice to Seller to contest such order or requirement; (ii) to its legal or financial advisors; and (iii) as required under applicable securities regulations. 11.4. In the event of a violation or threatened violation of Customer´s obligations under this Section 11, Seller shall be entitled to seek equitable relief, including in the form of a restraining order, orders for preliminary or permanent injunction, specific performance and any other relief that may be available from any court, without the requirement to secure or post any bond, or show actual monetary damages in connection with such relief. These remedies shall not be deemed to be exclusive but in addition to all other remedies available under these Terms, at law, or in equity. 9.4. In the event of an alleged breach of the Limited Product Warranty (a "Defect"), Customer shall, at Customer´s sole expense, send the Product to Seller. Seller shall conduct the necessary tests on such Product within a reasonable period. If Seller confirms the Defect, Sellershall, at its sole option and discretion, repair or replace the Defective Product. If the repair or replacement of the Defective Product is commercially unreasonable to Seller, Seller may, at its sole discretion, issue a refund to Customer in the amount Seller deems adequate. Such repair, replacement, or refund shall be the sole liability of Seller and the sole remedy of Customer with respect to a Defect. In no event shall any warranty claims for a Defect be made after twelve (12) months from the date of Customer´s receipt of the Products. Any Products or parts returned to Seller for removal or repair under this Section 9.4 shall be the property of Seller. Any applicable Limited Product Warranty period shall not start anew with the repair or replacement of the Defective Product (or any portion thereof). 9.5. Except for Limited Product Warranty, SELLER HEREBY EXPRESSLY EXCLUDES AND DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Seller makes no other warranties with respect to the Products, and no person is authorized to make any warranties on behalf of Seller that are inconsistent with the warranties set forth under this Section 9. 10. LIMITATION OF LIABILITY 11. CONFIDENTIALITY 3 12. INTELLECTUAL PROPERTY 12.1 Seller reserves the sole and exclusive ownership of the intellectual property rights in the Products (including but not limited to the technology used to manufacture the Products) and any improvements thereof regardless of inventorship or authorship. Customer shall not (and shall cause its employees, agents, representatives and customers to not) reverse engineer, decompile, disassemble, or decode any of Seller´s intellectual property embedded or used in any of the Product. 13. FORCE MAJEURE 13.1. Seller shall not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, disruptions of the public power supply, communications, and transportation infrastructure, governmental measures, malware or hacker attacks, fire, extraordinary weather events, epidemics, pandemics (or any government restrictions implemented as a result thereof), nuclear and chemical accidents, earthquakes, war, terrorist attacks, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, or other acts of God. 14. MISCELLANEOUS 14.1. If any provision contained in these Terms or any Confirmed Order is held by final judgment of a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalid, illegal, or unenforceable 34 16.1. These Terms and the Confirmed Orders shall be governed by and construed in accordance with the laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule that would defer to or cause the application of the substantive laws of any jurisdiction other than Wisconsin. The parties hereby expressly exclude the application of the 1980 United Nations Convention on Contracts for the International Sale of Goods. 16.2. Any dispute, controversy, or claim arising out of or relating to these Terms and any Confirmed Order, including but not limited to the execution, performance, or termination thereof or to any issue of liability arising out of the performance of these Terms or any Confirmed Order, which the parties have not been able to settle amicably shall be submitted to the exclusive jurisdiction of the state or federal courts with jurisdiction in the County of Calumet, Wisconsin, provided that notwithstanding the foregoing, Seller shall be entitled to seek specific performance and injunctive relief in any court of competent jurisdiction. Each party hereby waives any and all claims, pleas, or defenses (including without limitation a plea for forum non conveniens) that would permit such party to seek the jurisdiction of any courts or arbitration tribunals other than those set forth in the preceding sentence. 16.3. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS. 16. APPLICABLE LAW AND JURISDICTION 4 Order, the provisions of the Confirmed Order will govern and control. Seller may amend or modify these Terms from time to time. Seller may, at its sole discretion, provide Customer with written notice of any such changes, revisions, amendments, or modifications, provided, however that any such changes, revisions, amendments, or modifications shall become effective without any further action by any party and that they shall not apply to any Confirmed Order prior to the effective date of such changes, revisions, amendments, or modifications. provision shall be severed from the remainder of these Terms or such Confirmed Order, and the remainder of these Terms or such Confirmed Order shall be enforced. In addition, the invalid, illegal, or unenforceable provision shall be deemed to be automatically modified, and, as so modified, to be included in these Terms, such modification being made to the minimum extent necessary to render such provision valid, legal,and enforceable. 14.2. Seller may assign its rights and/or delegate its liabilities under any Confirmed Order at any time. Customer may not assign its rights or delegate its responsibilities under a Confirmed Order without Seller´s prior written consent. 14.3. Seller´s waiver of any breach or violation of these Terms or the provisions of any Confirmed Order by Customer shall not be construed as a waiver of any other present or future breach or breaches by Customer. 14.4. The parties hereto are independent contractors and nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between the parties. 14.5. Notices by a party regarding the exercise of rights and obligations under these Terms must be signed by authorized representatives of such party, and delivered via courier, mail, or e-mail to the other party´s address indicated in the applicable Confirmed Order, providedthat a notice by e-mail shall only be validly given if receipt thereof is acknowledged in writing by the recipient. 15. ENTIRE AGREEMENT; CONFLICTS. 15.1. These Terms, including the applicable Confirmed Order, constitute the entire and exclusive agreement of the parties regarding thesubject matter hereof and supersede any and all prior or contemporaneous agreements, communications, and understandings (both written and oral) regarding such subject matter. In the event of a conflict between the provisions of these Terms and the provisions of a Confirmed 35 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 6, 2025 Agenda Item 3C.2. Approve Purchase of Hockey Rink Dasher Boards and Components from Becker Arena Products Prepared By Tim Kieffer, Public Works Director Janelle Crossfield, Park and Recreation Director Al Lundstrom, Park Maintenance Superintendent Summary The Gearty Park outdoor hockey rink is over 40 years old, deteriorating, and needs to be replaced. Staff proposes to purchase new wood boards, steel posts and crossmembers, and fencing. Staff recommends purchasing the supplies through Sourcewell. Sourcewell is a service cooperative created by the Minnesota legislature as a local unit of government pursuant to Minn. Const. art. XII, sec. 3 and enabling law Minn. Stat. § 123A.21. Sourcewell has awarded contract number 120320-ATH for the purchase of the dasher boards and components. Financial or Budget Considerations The 2025-2034 Park Improvement Capital Improvement Program (CIP) includes $85,000 for Outdoor Hockey Rink Replacement (P-039). The cost for the boards and components is $54,850.00. The cost to install the dasher boards is $19,975 for a total cost of $74,825. Legal Considerations The proposed materials will be purchased following Minn. Stat. § 471.345 Subd. 15 Cooperative purchasing. (a) Municipalities may contract for the purchase of supplies, materials, or equipment by utilizing contracts that are available through the state's cooperative purchasing venture authorized by section 16C.11. For a contract estimated to exceed $25,000, a municipality must consider the availability, price and quality of supplies, materials, or equipment available through the state's cooperative purchasing venture before purchasing through another source. Equity Considerations Park amenities satisfies Pillar 3 of the Equity Plan by providing unbiased programs and services. Recommended Action Motion to approve purchase of hockey rink dasher boards and components from Becker Arena Products in the amount of $54,850.00. 36 Supporting Documents Becker Arena Products Quote 37 beckerarena.com Customer #: 207731 Sourcewell ID: 21219 Quotation #: Gearty Park ODR Revision #: Date: March 13, 2025 Proposal Expiration Date: April 13, 2025 Sales Consultant: Dan Mehren Prepared For: Project Location: Al Lundstrom Gearty Park Golden Valley, City of 3101 Regent Ave N 7800 Golden Valley Rd Golden Valley MN 55422 Golden Valley MN 55427 Thank you for considering Becker Arena Products, Inc., we appreciate the opportunity… Benefits of Choosing to Partner with Becker Arena Products •A stable and reliable company since 1988 •A staff with in-depth knowledge of the industry and products •Quality products that last •Experienced and professional installers •Excellent customer service •Worry Free Projects – Guaranteed This system is available through the Sourcewell Cooperative Purchasing Program at discounted pricing. BECKER ARENA PRODUCTS, INC – VENDOR CONTRACT #120320 - ATH •Sourcewell is a municipal contracting government agency that serves education and government agencies nationally through competitively bid and awarded contract purchasing solutions. Over 47,000 Member agencies enjoy the value and commitment of the world-class Sourcewell awarded Vendors. Take advantage of the cooperative purchasing discounts shown here in this quotation mentioning our contract #120320 - ATH when ordering. You must be a member and contracting authority. Ask your salesperson for a copy of the Sourcewell Contract Purchasing information Per our recent discussion, please see below for Sourcewell pricing for the BAP 4.0 Wooden Dasher board system. Installation not included, by others. BAP 4.0 DASHER BOARD SYSTEM Becker Arena Products, Inc. shall furnish one BAP 4.0 Outdoor hockey dasher board system. The pricing is based on the information furnished and will include the following items and features. DASHER MATERIALS Rink size 197’ x 85’ x 20’ radius -Approximately 530 lineal feet of dasher material [Ring only] -48” high galvanized steel frame components -Vertical dasher supports to be anchored directly into grade, Steel posts pounded in, approximately 4’ embedment 38 beckerarena.com Page 2 - 10’ high 2” schedule 40 galvanized pipe dasher board supports for the ends and radius corners of rink and the chain link fence - One (1) frame only for a 12'-0" straight “Lift Out” gate system (planks) - One 36’ player access gates, straight, with HD hinges and lift latches - All steel framing components hot dip galvanized after fabrication - 2 x 10 x 10’ long treated lumber for the sides and straight ends - 2 x 6 x 4’ long treated lumber for the radius corners (Positioned vertically) - Dasher panels to be assembled on site - Includes all hardware required for installation CHAIN LINK FENCING - Support posts for 6’ high fence fabric - 216 lineal feet of 6’ high x 9-gauge galvanized chain link fabric with three horizontal support rails and all hardware for a complete installation - Four (4) each shield termination pads DELIVERY - Freight to Golden Valley MN has been estimated and included in the total dasher pricing. Due to the volatility in transportation and freight rates, Becker Arena Products reserves the right to adjust the total price to match the actual freight rates incurred on the date of shipment(s). Total Sourcewell Price, Material and Freight Accept _____ $ 54,850.00 Material Price Escalation & De-Escalation Clause (Due to the volatility of all components of the above dasher board system) • In the event that the price of any of the material(s) used in the Becker Arena Products, Inc. production of the above product increase or decrease by 3% or greater from the price used for that material(s) at the time the quote was signed, then the price for the material(s) in the contract between Becker Arena Products, Inc. and the purchaser shall be increased or decreased to reflect the additional or reduced cost to obtain that material or materials. Purchaser agrees that Becker Arena Products, Inc. shall be entitled to an adjustment to the contract price to reflect and price increases of material(s) that occur as a result of Becker Arena Products, Inc. incurring additional costs when ordering materials. Please Note: Taxes are the responsibility of the purchaser. Prices do not include special insurance requirements, bonding, or applicable permits and/or license fees. Prices subject to site visit and/or receipt of final construction drawings and specifications. If sales tax is applicable, it will be added to the proposal totals and noted on a Contract Summary Sheet that will be sent back with your executed contract. All payment terms are based on credit approval. Our Standard Payment terms are: 50% due upon placement of order $ __________________ 50% due 10 days prior to shipment $ __________________ The above payment amounts will be filled in based on total contract price and any applicable sales tax and sent back on the Contract Summary Sheet with your executed contract. 39 beckerarena.com Page 3 We are looking forward to the opportunity of working with you on your project and if we can be of further assistance please d o not hesitate to call. This proposal is subject to Becker Arena Products, Inc. Standard Terms and Conditions and Limited Warranty and may be withdrawn without penalty at any time before contract execution. If accepted, please sign and return this copy to Becker Arena Products. When approved and signed by one of our officers a fully executed copy will be forwarded for your records. This proposal is subject to change, withdrawal or cancellation until accepted by you. If Becker Arena Products, Inc. have not received your acceptance within 60 days from the date hereof, this proposal shall automatically expire. Becker Arena Products, Inc. retains a security interest in all products covered in this agreement until all payment terms have been met. In addition, the purchase r agrees to sign any additional documents for Becker Arena Products, Inc. to perfect its security interest in the products. Proposal/Contract # Gearty Park ODR is accepted with initialed options: ____________________________________ _____________________________ Purchaser Signature Becker Arena Products, Inc. ____________________________________ ___VP of Sales and Operations ____ Title Title ____________________________________ ____Jeff Brosz_________________ Print Name Print Name ____________________________________ _____________________________ Today’s Date Today’s Date ____#21219 _________________________ ___#120320 - ATH _____________ Sourcewell ID Sourcewell Contract ID 40 beckerarena.com Page 4 BECKER ARENA PRODUCTS INC. STANDARD TERMS AND CONDITIONS OF SALE ‐ EFFECTIVE JANUARY 2021 1. Definitions. In these terms ‐"Seller" means the seller of the Goods as defined herein; "Buyer" means the entity purchasing the Goods, incl uding any successors thereof; "Goods" means the goods, products and materials manufactured, imported, supplied and/or delivered for or by Seller to Buyer, as such were approved by Seller in reply to Buyer's order and accordingly listed in the Approval of Order; "Approval of Order", in respect of any Buye r's order, means the instrument issued by Seller, bearing the same reference number of such order and specifying, among any other terms, the items of Goods, including their respective price and quantity, which shall be supplied to Buyer upon such order; "Contract" means the contract for the supply of Goods which have been ordered by Buyer and specified in Seller's Approval of Order, which contract is concluded based on these Terms and Conditions of Sale unless otherwise specified in the Approval of Order. 2. Payment. Payment for Goods shall be due on or prior to the delivery date of Goods and no discount may be taken. Payments received afte r the due date thereof shall bear a service charge from their due date, at the maximum lawful interest rate applicable, and if none – at the annual rate of 5% above the base rate from time to time of the central bank of the place of Buyer's incorporation. All payments shall be made to Seller's designated bank acc ount in the same currency and for the same amounts as specified in the Approval of Order. 3. Prices, Duties and Taxes. Prices specified in the Approval of Order are net, excluding packaging, and shall be deemed Ex‐works (Incoterms 2000 as amend ed). Prices are based, inter alia, on production costs for supplies, labor, deliveries, duties, and services current on the order d ate. In the event of material increase in any such costs, Seller reserves the right either to adjust the prices for Goods accordingly, or to cancel any certain part of the sale s relating to undelivered Goods. Duties, taxes, fees, levies and other compulsory payments applicable to the sale of Goods any time, as well as freight, express, insurance and delivery charges, shall all be borne and paid in full by Buyer, unless otherwise expressly stipulated. 4. Delivery. Delivery dates noted on the Approval of Order are estimates only, and are not guaranteed, and are all subject to adjustment a s determined by the Seller acting reasonably. The acceptance of shipment by a common carrier or by any licensed public truckman sha ll constitute proper delivery. Risk associated with the Goods shall pass to Buyer on delivery or with the passing of title in the Goods, whichever occurs first; provided however, th at where delivery is delayed due to circumstances caused by or within the responsibility of Buyer, risk of loss shall pass to Buyer upon Seller's notification that Goods are ready for disp atch. 5. Retention of Title. Title shall pass to Buyer only upon full payment by Buyer for the Goods and following payment of any other outstanding debt b y Buyer to Seller. Buyer shall, at Seller's request, take any measures necessary under applicable law to protect Seller's title in the Goods, and lawfully notify Buyer’s present or potential creditors of Seller's title on and interest in the Goods. Buyer acknowledges that so long as title has not been transferred i n the Goods, it holds the Goods as bailee and fiduciary agent for the Seller and shall safely and securely store and keep the Goods separate and in good condition, clearly s howing the Seller’s ownership of the Goods and shall respectively record the Seller’s ownership of the Goods in its books. Notwiths tanding the above, Buyer may use Goods for its own use, or sell Goods, as fiduciary agent for the Seller, to a third party in the normal course of business by bona fide sale at market value, whereby proceeds of such usage or sale of Goods, as the case may be, shall, to the extent of the amount being owed by Buyer to Seller at the time of receipt of such proceeds, be held by Buye r on trust for Seller and specifically ascertained, until payment in full for all payable debts by Buyer to Seller. 6. Warranty. a) If applicable, Seller warrants that Goods as set out in the warranty applicable thereto given by Seller to Buyer, subject always to the terms and conditions thereof, and subject to use, storage and application thereof in accordance with and based on Sel ler's standard tolerances, instructions of use and recommendations. b) Unless otherwise restricted by mandatory applicable law, THE WARRANTY SET FORTH HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, QUALITY AND FITNESS FOR USE AND FOR PURPOSE, ANY ADVICE AND RECOMMENDATION AND ANY OBLIGATIONS OR LIABILITIES WHICH MAY BE IMPUTED TO SELLER, ANY AND ALL OF WHICH ARE HEREBY EXPRESS LY DISCLAIMED, DENIED AND EXCLUDED. BUYER EXPRESSLY AGREES THAT NO WARRANTY THAT IS NOT SPECIFICALLY STATED IN THIS AGREEMENT WILL BE CLAIMED OR OTH ERWISE ADHERED TO BY BUYER AND/OR BY ANYONE ACTING ON BUYER’S BEHALF AND/OR BY ANYONE DERIVING THE LEGALITY OF ITS CLAIM FROM BUYER, NOR THAT WILL ANY SUCH WARRANTY BE VALID. SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN C ONNECTION WITH THE SALE, USE OR HANDLING OF ANY AND ALL GOODS SPECIFIED OR CONTEMPLATED BY THIS CONTRACT. NO WARRANTY IS MADE WITH RESPECT TO ANY OF THESE GOODS WHICH HAVE BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, IMPROPER CARE, IMPROPER STORAGE, IMPROPER MAINTENANCE, ABUSE OR MISUSE. 7. Claims and Liability. a) Unless Seller shall within 30 days after delivery of the Goods, receive from Buyer written notice of any matter or thing b y reason whereof it is alleged that Goods are not in accordance with the Contract, Goods delivered shall be deemed to have been supplied, delivered and accepted in all respects i n full conformity with the Contract and Buyer shall be entitled neither to reject the same nor to raise any claim for damages or fo r other remedy in respect of any alleged negligence and/or breach of warranty and/or any condition. b) In any claim, brought subject to the conditions above, Buyer must prove to the sa tisfaction of Seller that it followed Seller's instructions for use, care, storage, maintenance, handling and application of the Goods. c) Unless otherwise specifically restricted by mandatory appl icable law, Seller's liability under any claim and in connection with any possible allegation, whether based on negligence, contrac t, or any other cause of action, shall, if the Seller shall be liable hereunder, be limited to either (i) the replacement of the Goods or the supply of equivalent goods; (i i) the repair, or payment of the cost of repair, of the Goods; or (iii) credit in an amount equal to the purchase price specified in Seller's pertinent invoice, or in an amount of equivalent goods, all at Sel ler's sole option. Buyer acknowledges that the remedy available to him as specified herein, is in lieu of any remedies that may be otherwise available to him, now or in the future, whether in law or in equity, relating to any loss or damage, whether directly or indirectly, arising from the purchas e and/or the use of Goods, including without limitation, any actual or contingent damages, loss of production, loss of profit, loss of use, loss of contracts or any other consequential or indirect loss whatsoever, whether pecuniary or non‐pecuniary, and it is acknowledged and agreed by Buyer that in no circumstances shall Seller be liabl e for any such damages. Should any limitation on Seller's liability hereunder be held ineffective under applicable law, than Seller's liability shall in any eve nt be limited to the minimum amount of damages to which Seller may limit its liability, where such is greater than the purchase price as specified in Seller's pertinent invoice. Additionally, any action against Seller must be commenced within one year after the cause of action accrues. d) Buyer, for himself and for any other party which may claim either under or through Buyer, or independently of Buyer, including Buyer's employees, directors, officers, representatives and personnel, shall indemnify and hold Seller harmless, from and against any claim or liability for damages in any way relating to the supply or use of the Goods, including claims for negligence and including but not limited to, any claim in connection with the design, manufacture, use, care, storage, delivery, application or maintenance of any Goods sold hereunder , whether alleged to have been committed by Seller or by any other person whatsoever. Buyer's undertaking as specified in this subsection shall extend and i nure to the benefit of Seller and of Seller's successors at any time, as well as to Seller's personnel, representatives, managers, directors and officers. Nothing contained herein shall take effect to exclude or limit liability where liability may not be excluded or limited under applicable law, including, without limitation, for de ath, personal injury and fraudulent misrepresentations. e) Any and all warranties, undertakings, guarantees, or assurances provided herein by Seller, are specifically limited t o Buyer herein, and not imputed by Seller, whether directly or indirectly, expressly or impliedly, to any other person or entity, i ncluding any subsequent buyer or user, bailee, licensee, assignee, employee and agent of Buyer. 8. Default. Upon failure of Buyer to pay any amounts due to Seller, or in the event of any breach or anticipated breach by Buyer of any C ontract with Seller, or if Buyer shall either (i) become insolvent, (ii) call a meeting of its creditors, or (iii) make any assignm ent for the benefit of creditors, or if (iv) a bankruptcy, insolvency, reorganization, receivership or reorganization proceeding shall be commenced by or against Buyer, then, in each such occasion , Seller may, at its sole discretion, opt 41 beckerarena.com Page 5 to (1) cancel this and any other Contract with Buyer (without waiving any of Seller's rights to pursue any remedy against Buyer); (2) claim return of any Goods in the possession of Buyer, the title of which has not passed to Buyer, and enter Buyer’s premises (or the premises of any associate d company or agent where such Goods are located), without liability for trespass or any alleged damage, to retake possession of such Goods; (3) defer any shipment her eunder; (4) declare forthwith due and payable all outstanding bills of Buyer under this or any Contract; and/or (5) sell all or part of the undelivered Goods, without notice at pu blic and/or on private sale, while Buyer shall be responsible for all costs and expenses of such sale and be liable to Seller for any shortfall in t he discharge of the amounts due to Seller. 9. Independent Delivery. Each delivery of Goods shall (without prejudice to Seller's rights under clause 8 hereinabove) be considered a separate contract and the failure of any delivery shall not vitiate any contract as to deliveries of other Goods and payment therefor. 10. Cancellation. Orders manufactured in whole or in part, pursuant to Buyer's specifications, may not be cancelled except with Seller's prior written consent, on terms which will compensate Seller for any resulting losses. 11. No‐Assignment. No rights or obligations of Buyer arising out of this Contract may be assigned without the express prior written consent of S eller. 12. Force Majeure. Should Seller be prevented from effecting deliveries of the Goods or any of them by reason of either an act of god, insurrect ion, riot, war hostilities, terror attacks, warlike operations, piracy, arrests, restraints or detainments by any competent authori ty, strikes or combinations or lock‐out of workmen, fire, floods, droughts, earthquakes, permanent or temporary delay or inability to obtain labor, material or services through Seller's usual and regular sources, or any other circumstances (whether of a nature similar to those specified, or not) beyond the absolute control of the Seller, then, in each such cas es, the obligation of the Seller to effect deliveries hereunder shall be suspended until after such prevention shall cease to conti nue. Should any deliveries under this Contract be suspended under this clause for more than 90 days – either party may withdraw from this Contract and be relieved from any liability; provided however, that Buyer shall neverthel ess accept delivery and pay for such Goods once the Seller is able to deliver in accordance with the period(s) of shipment named in this Contract. Seller shall not be liable for, and be relieved from, any loss or damages of any kind resulting from the causes mentioned hereinabove. 13. Advice. Any provisions specified or implied by herein or elsewhere notwithstanding, any advice, recommendation, information, assistan ce or service provided by Seller in relation to the Goods or in respect of their use or application is given in good faith, shall b e deemed accepted by Buyer without imputation of any liability to Seller, and it shall be the responsibility of Buyer to confirm the accuracy and reliability of the same in light of the use o f which Buyer makes or intends to make of the Goods. 14. Entire Agreement. This Contract merges the entire terms and conditions for sale of the Goods. In the event of any conflict between the terms he rein and any provisions included in the Approval of Order, the latter shall govern and prevail. Subject to the foregoing, nothing s pecified in, or referred to by, any other document, record or instrument whatsoever, which relates to and/or which otherwise subsists in connection with the sale of Goods herein , whether expressly or impliedly, including any written order, request or other standard or specific terms of any entity, shall or may be interpreted to attribute to Seller and/or to Seller's affiliates or representatives (i) any liability, obligation, commitment and/or undertaking, and/or (ii) any waiver in con nection with or of any right, whether contractual, proprietary, in‐person am and/or equitable, including but not limited to, any and all intellectual property rights in connection with the Goods, which are and shall always remain in the Seller's exclusive and complete ownership under all circumstances whatsoever, notwithstanding any sale of Goods hereunder and whether the Goods shall be standard Goods or manufactured to a specific order. No modification or waiver of any provision hereof shall become valid and effective except upon a written instrument duly signed beforehand by Seller. No waiver by either party o f any default of the other party shall be deemed a waiver of any subsequent or other default. If any provision of this Contract becomes or is declare d by a court of competent jurisdiction to be illegal, unenforceable, or void, the balance of this Contract shall continue in full force and effect without the provision. 15. Law and Arbitration. This Contract shall be governed by and construed in accordance with the laws of the state of Seller's incorporation. Any disp ute arising out of or in connection with this Contract shall, if so determined by the Seller, be finally settled by arbitration in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce ("ICC"), as shall be in effect from time to time, and if so determined, the balance of this Section shall apply. The arbitration shall be held at such location in the state of Seller's incorporation as shall be determined by Seller, in its sole discretion. The arbitrator shall be mutually appointed by Seller and Buyer within 21 (twenty‐one) days following a written demand for arbitrati on by either of the parties. Failing to reach an agreement regarding the nomination of an arbitrator, the head of the relevant ICC national committee (located in the Seller's country of incorporatio n; and absent such local committee in that specific country – the ICC UK Committee (www.iccuk.net)) shall appoint an arbitrator at the request of any of the parties, a copy of which request. for the appointment of an arbitrator shall be provided by the requesting party to the other party. Awards may be enforced in accordance with the 1958 New York Convention and judgment may be entered upon any award in any court having jurisdiction over the p arties and/or their assets. The arbitrator's fees shall be paid by both parties in equal parts unless otherwise determined by the arbitrator. This provision shall survive any termination of any of the terms and conditions herein and shall be deemed to constitute an independent arbitration agreement between Buyer and Seller for all purposes and intents. 16. Dasher Board Systems 1. Seller may choose whether or not to produce the rink according to its production schedule. If they produce the rink on schedu le, it will be stored at Becker Arena Product’s location of business and storage fees will be charged to the Purchaser at the rate of US $300 per week. All payments will be due according to the terms from the original ship date. If the Seller chooses to delay production to coincide with the new ship d ate, no storage fees will apply, and payment will be due according to the terms from the original ship date. If contract terms are paid in full prior to shipping, the time will start from the original ship date and not the adjusted ship date. 2. A new shipping installation date will be coordinated with Seller's installation department and confirmed with the Purchaser. The Seller will reschedule the installation for the next available date according to the Seller’s installation schedule. In some cases, the site delay may cause additional charges. This includes, but is not limited to, wages, remobilization, and equipment rental, to be paid by the Purchaser. 3. If the Purchaser's site is not ready when the Seller's installation crew arrives, additional costs will be charged to the Pur chaser. This includes, but is not limited to wages, travel, lodging, meals, equipment rental and changes in Becker Arena Product’s installation schedule. 17. General Site Requirements. The following criteria must be met, or extra charges may apply, and delays will be incurred, if the site is not in compliance when Seller is ready to deliver and install the goods: 1. Concrete and Floor Work: All concrete work is to be completed and allowed to cure, according to job specifications and/or ref rigeration contractors requirements, before the date installation is scheduled to begin. 42 beckerarena.com Page 6 2. The levelness of the perimeter concrete, where the rink is to be installed, must be within 1/8" of levelness for every 10' in length and no more than 1/4” difference in height over the length and width of the perimeter surface. 3. For sand floors, the first 6" from the front of the curb, where the rink is to be installed, must be within 1/16" of flatness from the inside edge outward and meet the levelness and flatness conditions specified above, Sand floors are not to be final grade d prior to dasher board installation. 4. Expansion joints, which are to be covered completely by the rink, are to be within 1/2” of straightness from end to end and s ide to side. The distance from side to side and end to end of the outside edge of the expansion joint is to be within 1/2” of the required dimension for the frame to cover it. 5. If, upon arrival, the perimeter concrete is inspected and does not meet the specifications for levelness, flatness, straightn ess and size, the following will occur: 6. Seller's Representative will determine if rink can be shimmed or adjusted/cut to achieve desired levelness, fit and/or expans ion joint coverage while maintaining the structural integrity of the rink. If so, the additional time and materials to do this will be paid by the Purchaser. A change order must be filled out by the Seller's Representative and signed by the Purchaser before any work commences. 7. If the rink cannot be shimmed or adjusted to the desired levelness and/or coverage while maintaining the structural integrity of the rink, the Purchaser will be responsible for fixing the surface to meet specifications. All associated costs for this are th e sole responsibility of the Purchaser. 8. The Seller will accept contracts that are retrofit projects with the understanding that the condition of the underlying perim eter concrete work meets the specifications stated above. If, after removal of the existing rink, the concrete does not meet these conditions, points “1” and “2” from above will apply. 18. Requirements for Rink Installations: (Refer to the enclosed Site Requirements) 1. Walk Through Inspection. When Seller's work is complete or near complete, Purchaser or the Purchaser's Representative (including general contractors and architects) must be available for a final walk-through inspection with the Seller's Representative. Any parties who do not attend the walk through will forfeit their right to submit punch list i tems. A final punch list of items to be completed or repaired will be prepared as a result of this walk through. Any item not included on the final “punch list” will not be the responsibility of the Seller unless it is covered by the Sell er's Warranty. 2. Shop Drawings and Non-standard Shielding. Preparation of shop drawings will not commence until after the signed contract has been delivered to Sell er. Production will not commence until Seller receives approved shop drawings. Field measured; tempered glass (non-standard sizes) may require an additional 3-4 weeks for delivery after completion of installation. Any field measured tempered glass to be installed by purchaser. 3. Polyethylene. All polyethylene used to manufacture the rink shall be virgin material. All colors shall match within manufactu rer's tolerance. 4. Seller will not be responsible for replacing polyethylene that conforms to manufacturers color tolerance. During manufacturin g, all panels shall have the polyethylene overhang past the frame a minimum of 1/16” on each end to allow for contraction of the ma terial due to temperature change in the field. Seller shall not be responsible for material contraction gaps between panels due to temperature change if it adheres to these manufacturing requirements. 5. Material Check-in. (Installation supervision and supply only contracts) The Purchaser shall be responsible to verify the shipment for quanti ties and any damage caused from shipping for jobs that include installation supervision or are supply only. Any quan tity variances and/or damage must be noted and reported to the Project Manager by filling out the Material Check-in Form and faxing it to the Project Manager. Missing/damaged items must be reported within 24 hours of receipt to receive credit. All boxes w ill be clearly marked by the Seller. The Ship list will clearly identify the contents and quantities of the shipment. It is the responsibility of the Purchaser to verify that all box numbers in the hardware crate are accounted fo r, not to open and count each individual item per box. The Purchaser must count anything that is not boxed. 43 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 6, 2025 Agenda Item 3C.3. Approve Amended Encroachment Agreement No. 2024-002.01 on Metropolitan Council Property Prepared By Caleb Brolsma, Assistant City Engineer Michael Ryan, City Engineer Summary This agreement between the City and the Metropolitan Council is required for construction of the TH- 55 Watermain Replacement Project (No. 23-19). This agreement allows for the City and its Contractor to perform construction associated with the watermain replacement, which is partially located within two Metropolitan Council sanitary sewer easements. This agreement was previously approved by City Council on September 17, 2024, however the alignment of the watermain has been altered due to site conditions, requiring an amended agreement. Financial or Budget Considerations This agreement is in consideration of the sum of one (1) dollar, which is included within the Project budget allocated to professional services and permit fees. This is associated with Fund 7121 (Utility Administration). Legal Considerations Temporary construction and the replacement the City's watermain are subject to approval from the Metropolitan Council, who maintains two sanitary sewer easements within the project limits. The agreement applies exclusively to the TH-55 Watermain Replacement Project construction activities. The City Attorney's office has reviewed this agreement. Equity Considerations The City's work to replace this watermain is consistent with the unbiased programs and services pillar of the City's Equity Plan. The replacement of this watermain is the result of an unbiased process that prioritizes infrastructure repair and replacement, based on an objective condition assessment. Utilities that have the lowest condition rating, or have the highest need for repair or replacement, are given priority. This ensures that clean drinking water is provided reliably for the community. Recommended Action Motion to Approve Amended Encroachment Agreement No. 2024.002.01 on Metropolitan Council Property for the TH-55 Watermain Replacement Project. 44 Supporting Documents MCES 2024.002.01 Encroachment Agreement.pdf 45 1 Encroachment Agreement 2024.002.01 AMENDED AND RESTATED ENCROACHMENT AGREEMENT ON METROPOLITAN COUNCIL PROPERTY PROPERTY LOCATION Encroachment Number 2024.002.01 City of Golden Valley, Hennepin County RECITALS A. The Metropolitan Council, a public corporation and political subdivision of the State of Minnesota (“Council”), the address of which is 390 North Robert Street, St. Paul, Minnesota 55101, is the easement owner of property in Hennepin County, as shown in the Sanitary Sewer Easement, recorded as Document Numbers 5450237 and 5410691 (“Council Property” or “Property”). B. The City of Golden Valley, A Minnesota municipal corporation of the State of Minnesota (“Requestor”) includes the replacement of watermain from Boone Avenue North to approximately 280 feet west of Wisconsin Avenue North and the replacement of water service connection to a business (Jersey Mike’s Subs). The existing watermain will be abandoned and the new watermain will be primarily be directional drilled. (the “Work”). C. The Requestor’s Work and the non-exclusive right of ingress and egress on and across Council property shall be located within an area legally described on Exhibit B-1 (“Encroachment”) and depicted on a sketch as Exhibit B-2. D. Encroachment Agreement recorded October 17, 2024, as Document Number 11321376 in the Hennepin County Recorders office and recorded October 15, 2024, as Document Number 6100958 in the Hennepin County Register of Titles, is hereby amended and restated pursuant to the terms and conditions contained herein and further described in Exhibit A-1, depicted in Exhibit B-1 and B-2. TERMS AND CONDITIONS In consideration of the sum of one dollar and other good and valuable consideration to it in hand paid, the receipt and sufficiency of which is hereby acknowledged, Council agrees to the Encroachment on Council Property, subject to the terms and conditions stated in this Agreement. 1. The Requestor shall have the right to use the Encroachment for the replacement of watermain from Boone Avenue North to approximately 280 feet west of Wisconsin Avenue North and the replacement of water service connection to a business (Jersey Mike’s Subs). The existing watermain will be abandoned and the new watermain will be primarily be directional drilled. 46 2 Encroachment Agreement 2024.002.01 2. This Encroachment shall only be used as expressly identified in this Agreement and for no other purpose, and shall not be moved, relocated or expanded by Requestor without express written amendment of this Agreement. 3. Before Work may commence in the Encroachment, City of Golden Valley shall: a. Provide a schedule to the Council of work activities b. Have received final approval of Plans and Specifications by Council. c. Have received all necessary approvals from local jurisdiction(s) in which the Encroachment is situated. d. Have provided Council and Council’s Risk Management division all required liability insurance demonstrating that City of Golden Valley, its contractors or any party doing work on behalf of the City of Golden Valley has included the Council as additional insured on the policy. e. Notify Council at least 72 hours in advance of the actual physical commencement of any construction, repair or replacement of any encroaching improvement on Council Property. Such Notice shall be provided to: COUNCIL: Tim Wedin, Assistant Manager Environmental Services 390 North Robert Street St. Paul, MN 55101 651-602-4571 Timothy.Wedin@metc.state.mn.us 4. Nothing in this Agreement shall be deemed an assumption of responsibility by the Council for any construction, maintenance, replacement or repair of the Requestor’s encroaching improvements. 5. City of Golden Valley will indemnify, save, defend and hold the Council harmless from and against any loss, cost, or expense incurred by the Council, including any losses resulting from claims or damages to property, personal injuries or deaths, judgments, court costs and reasonable attorneys’ fees, which arise out of or are claimed to have arisen out of the Encroachment. 6. City of Golden Valley and its/his/her successors and assigns hereby agree that construction and placement of improvements or infrastructure in the Encroachment is granted at the sole discretion of the Council and Requestor shall adhere to the terms and conditions of this Agreement and approved plans and specifications as attached or referenced Exhibit B-2. Further, City of Golden Valley, their successors and assigns shall submit any alterations, modifications or amendments to the improvements to Council for Council’s prior review and for separate written agreement and consent. 47 3 Encroachment Agreement 2024.002.01 7. Under no circumstances, shall City of Golden Valley commence construction, either for initial construction or any future reconstruction, relocation or realignment of the improvements until Council has provided to the written acceptance of either amendments or modifications to the original improvement or future plans for reconstruction, relocation or realignment of the original improvements. 8. City of Golden Valley and its/his/her successors and assigns hereby agree that Council, its employees, agents, contractors and invitees shall have access to Council property on this site at all times. 9. City of Golden Valley and its successors and assigns will pay for repair or replacement of any damage to or destruction of the Council’s Property, which damage or destruction arises from or is attributable to the encroachment upon or use of the Council Property described in this Agreement. 10. The Encroachment shall not interfere with the Council’s use of the Property. Should Council find it necessary to remove or disturb the Encroachment, Council shall provide thirty (30) days written notice to City of Golden Valley except in an emergency when the Council may enter the Encroachment Area immediately and provide Owner notice as soon as practical. In either event, all removal, replacement, and relocation of said improvements shall be paid for by City of Golden Valley their successors and assigns. In the event the City of Golden Valley is unable to or unwilling to remove, replace or relocate the Encroachment, Council may take all such actions as necessary to remove, replace or relocate the Encroachment and shall be reimbursed for the costs incurred for such action. Council shall have no obligation to provide a substitute Encroachment area for relocation. Such Notice shall be provided to: City of Golden Valley Timothy Kieffer, Public Works Director 7800 Golden Valley Road Golden Valley, MN 55427 11. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assignees. 12. The Requestor shall provide Council with notice when the property is sold. Any new purchaser shall provide Council with their contact information and the parties shall amend this Agreement to reflect the new owner. 48 4 Encroachment Agreement 2024.002.01 Such Notice shall be provided to: COUNCIL: Tim Wedin, Assistant Manager Environmental Services 390 North Robert Street St. Paul, MN 55101 651-602-4571 Timothy.Wedin@metc.state.mn.us and Real Estate Office Metropolitan Council 390 North Robert Street St. Paul, MN 55101 13. This Encroachment Agreement is terminable by the Council at its sole discretion upon providing Requestor, their successor or assign, no less than sixty (60) days written notice to the Owner in the event this Encroachment area is needed exclusively for Council purposes. Nothing in this agreement shall be construed to convey a permanent right or interest in Council’s real property. 14. This Agreement shall be effective upon the execution of all parties. The remainder of this page is left blank 49 5 Encroachment Agreement 2024.002.01 REQUESTOR: City of Golden Valley By: Noah Schuchman Its: City Manager Date: ______________________________ STATE OF MINNESOTA ) )ss. COUNTY OF ________________ ) The foregoing instrument was acknowledged before me this _________ day of ______________, 2025, by Noah Schuchman, the City Manager on behalf of the City of Golden Valley, A Minnesota municipal corporation of the State of Minnesota, on its behalf. ________________________________ Notary Public 50 6 Encroachment Agreement 2024.002.01 METROPOLITAN COUNCIL By: ________________________________ Its: Director of Real Estate Date: ______________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ____ day of _______________________, 2025, by Kelly Jameson, Director of Real Estate for the METROPOLITAN COUNCIL, a public corporation and political subdivision of the State of Minnesota, on its behalf. Notary Public Drafted by: Metropolitan Council Real Estate Office 390 North Robert Street St. Paul, MN 55101 51 7 Encroachment Agreement 2024.002.01 Exhibit A – Council Easement as Described in Document Numbers 5450237 and 5410691 Description of Metropolitan Waste Control Commission Sanitary Sewer Easement per Doc. No. 5450237 A perpetual Easement for sanitary sewer purposes over, under and across the following described property: That part of the Northwest Quarter of the Southeast Quarter of Section 31, Township 118, Range 21, Hennepin County, Minnesota, described as follows, which lies south of the following described line, and lying northerly of the northerly right of way of State Highway No. 55: Commencing at the northwest corner of said Northwest Quarter of the Southeast Quarter; thence on an assumed bearing of South 0 degrees 29 minutes 40 seconds East along the East line thereof 245.76 feet to the point of beginning of the line to be described; thence North 78 degrees 44 minutes 23 seconds East 466.86 feet to the southwesterly line of 7th Avenue North and there terminating. And now contained within Lots 1 and 2, Block 1, Linn Addition P.U.D. No. 110, Hennepin County, Minnesota. Description of Metropolitan Waste Control Commission Sanitary Sewer Easement per Doc. No. 5410691 A perpetual Easement for sanitary sewer purposes over, under and across that part of Lot 1, Block 2, Valley Square 2nd Addition, Hennepin County, Minnesota, lying southerly and southwesterly of a line described as commencing at the southwest corner of said Lot 1; thence northerly along the west line of said Lot 1 a distance of 39.71 feet to the point of beginning of the line to be described; thence easterly deflecting to the right 110 degrees 42 minutes 04 seconds a distance of 34.21 feet; thence southeasterly deflecting to the right 45 degrees 00 minutes 19 seconds a distance of 49.62 feet to the southerly line of said Lot 1 and there terminating. And now contained within Lot 1, Block 1, Valley Creek P.U.D. No. 71 Third Addition, Hennepin County, Minnesota. For Informational Purposes Only: Description of PID 31-118-21-42-0013 (600 Boone Ave N) Lot 1, Block 1, Linn Addition P.U.D. No. 110, Hennepin County, Minnesota. Description of PID 31-118-21-42-0014 (8525 Golden Valley Rd) Lot 2, Block 1, Linn Addition P.U.D. No. 110, Hennepin County, Minnesota. Description of PID 31-118-21-13-0021 (8501 Golden Valley Rd) Lot 1, Block 1, Valley Creek P.U.D. No. 71 Third Addition, Hennepin County, Minnesota. 52 8 Encroachment Agreement 2024.002.01 Exhibit B-1 –Encroachment Legal Description Permanent Encroachment Area over Metropolitan Waste Control Commission Sanitary Sewer Easement per Document Numbers 5450237 and 5410691 Permanent Encroachment Area over Metropolitan Waste Control Commission Sanitary Sewer Easement per Doc. No. 5450237 A permanent encroachment area over, under, and across the Metropolitan Waste Control Commission Sanitary Sewer Easement per Doc. No. 5450237, and now contained within Lots 1 and 2, Block 1, Linn Addition P.U.D. No. 110, Hennepin County, Minnesota. Said permanent encroachment area is a strip of land 10.00 feet in width which lies 5.00 feet on either side of the following described centerline: Commencing at the southeast corner of said Lot 2, thence North 21 degrees 03 minutes 21 seconds West, assumed bearing along the east line of said Lot 2, a distance of 1.23 feet to the point of beginning of the centerline to be described; thence South 87 degrees 11 minutes 04 seconds West, a distance of 47.22 feet; thence South 78 degrees 54 minutes 49 seconds West, a distance of 75.44 feet to the south line of said Lot 2 and said centerline there terminating. Said 10.00 foot wide strip is to extend by its full width through said Metropolitan Waste Control Commission Sanitary Sewer Easement per Doc. No. 5450237. Permanent Encroachment Area over Metropolitan Waste Control Commission Sanitary Sewer Easement per Doc. No. 5410691 A permanent encroachment area over, under, and across the Metropolitan Waste Control Commission Sanitary Sewer Easement per Doc. No. 5410691, and now contained within Lot 1, Block 1, Valley Creek P.U.D. No. 71 Third Addition, Hennepin County, Minnesota. Said permanent encroachment area is a strip of land 10.00 feet in width which lies 5.00 feet on either side of the following described centerline: Commencing at the southwest corner of said Lot 1, thence North 21 degrees 03 minutes 21 seconds West, assumed bearing along the west line of said Lot 1, a distance of 8.27 feet to the point of beginning of the centerline to be described; thence North 87 degrees 11 minutes 04 seconds East, a distance of 22.25 feet; thence South 89 degrees 25 minutes 12 seconds East, a distance of 124.48 feet; thence South 87 degrees 23 minutes 52 seconds East, a distance of 103.68 feet to the south line of said Lot 1 and said centerline there terminating. Said 10.00 foot wide strip is to extend by its full width through said Metropolitan Waste Control Commission Sanitary Sewer Easement per Doc. No. 5410691. 53 9 Encroachment Agreement 2024.002.01 Exhibit B-2 –Sketch Depicting Encroachment Areas 54 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 6, 2025 Agenda Item 3C.4. Adopt Resolution No. 25-029 Approving State of Minnesota Department of Transportation and City of Golden Valley Cooperative Construction Agreement No. 1058885 and Authorizing its Execution Prepared By Michael Ryan, City Engineer Summary Minnesota Department of Transportation (MnDOT) is leading the design and construction of grading, bituminous mill surfacing, ADA improvements, retaining wall, signal lighting, and associated construction at Trunk Highway No. 394 and Louisiana Avenue. Through a cooperative construction agreement with MnDOT, the City of Golden Valley will participate in construction inspection and long- term maintenance of various project improvements along Louisiana Avenue, within City limits as described in Agreement No. 1058885. Financial or Budget Considerations Funding for the City's sidewalk maintenance responsibilities is provided by the Streets Division (037) under the Snow and Ice Control Program (1448). Public utility maintenance is provided by Water and Sewer Utility Fund (7120) and Storm Water Utility Fund (7300). Cost participation for construction of the signal system and related construction is estimated at $213,429.12, which is included as a line item in the approved Capital Improvement Plan. Legal Considerations The City Attorney has reviewed Agreement No. 1058885. Equity Considerations The City’s work to participate in cooperative construction efforts with MnDOT for the construction of State Project No. 2789-171 is consistent with the unbiased programs and services pillar of the City’s Equity Plan. This project located along and adjacent to Trunk Highway No. 394 and was planned and designed without bias, advancing transportation and traffic safety goals for all ages and abilities. Coordinated outreach and communication will be performed between partner agencies throughout construction, using inclusive engagement methods to reach more communities. Recommended Action Motion to adopt Resolution No. 25-029 approving State of Minnesota Department of Transportation and City of Golden Valley Cooperative Construction Agreement No. 1058885 and authorizing its execution. 55 Supporting Documents Resolution No. 25-029 - Approving Cooperative Construction Agreement No. 1058885 - City of Golden Valley and MnDOT Construction Cooperative Agreement 1058885.pdf 56 RESOLUTION NO. 25-029 A RESOLUTION AUTHORIZING STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION AND CITY OF GOLDEN VALLEY COOPERATIVE CONSTRUCTION AGREEMENT NO. 1058885 WHEREAS, the City of Golden Valley and the State of Minnesota Department of Transportation find it mutually desirable to construct State Project No. 2789-171 adjacent to Trunk Highway No. 394 at Louisiana Avenue; and WHEREAS, construction of State Project No. 2789-171 will improve traffic and pedestrian safety conditions along Louisiana Avenue within the City of Golden Valley; and WHEREAS, the cooperative construction agreement describes the City of Golden Valley’s construction participation and maintenance responsibilities of State Project No. 2789-171. NOW THEREFORE, BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that this Council authorizes the City of Golden Valley to enter into MnDOT Agreement No. 1058885 with the State of Minnesota, Department of Transportation, for the following purposes: To provide for payment by the City to the State of the City’s share of the costs of the signal system construction and other associated construction to be performed upon, along, and adjacent to Trunk Highway No. 394 from 0.21 miles west of Louisiana Avenue to 0.69 miles east of Louisiana Avenue within the corporate City under State Project No. 2789-171. BE IT FURTHER RESOLVED,that the Mayor and City Manager are authorized to execute the Agreement and any amendments to the Agreement. Adopted by the City Council of the City of Golden Valley, Minnesota this 6th day of May, 2025. ____________________________ Roslyn Harmon, Mayor Attested: ____________________ Theresa Schyma, City Clerk 57 MnDOT Contract No.: 1058885 -1- Receivable Standard with Signal (Cooperative Agreements) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION AND CITY OF GOLDEN VALLEY COOPERATIVE CONSTRUCTION AGREEMENT State Project Number (SP): 2789-171 State Project Number: 2789-171(EP) Trunk Highway Number (TH): 394=010 State Aid Project Number (SAP): 163-276-037 Federal Project Number: NHPP-HSIP I394(005) Signal System A ID: 20805913 Signal System B ID: 20805914 Bridge Number: 27745 Estimated Amount Receivable $213,429.12 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and the City of Golden Valley, acting through its City Council ("City"). Recitals 1. The State will perform grading, bituminous paving, signing, TMS, retaining wall, ADA improvements, signals, lighting, and Bridge No. 27745 construction and other associated construction upon, along, and adjacent to Trunk Highway No. 394 from 0.21 miles west of Louisiana Avenue to 0.69 miles east of Louisiana Avenue according to State-prepared plans, specifications, and special provisions designated by the State as State Project No. 2789-171 (TH 394=010) ("Project"); and 2. The City agrees to participate in the costs of the signal system construction and associated construction engineering; and 3. Agreement No. 1058886 between the State and the City of St. Louis Park will address cost participation and maintenance not covered by this agreement; and 4. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining, and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 3. Maintenance by the City; 9. Liability; Worker Compensation Claims; 11. State Audits; 12. Government Data Practices; 13. Governing Law; Jurisdiction; Venue; and 15. Force Majeure. The terms and conditions set forth in Article 4. Signal System and 58 MnDOT Contract No.: 1058885 -2- Receivable Standard with Signal (Cooperative Agreements) Emergency Vehicle Preemption System Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another Agreement between the parties. 1.4. Plans, Specifications, and Special Provisions. Plans, specifications, and special provisions designated by the State as State Project No. 2789-171 (TH 394=010) are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference ("Project Plans"). 1.5. Exhibits. Preliminary Schedule "I" is on file in the office of the City Engineer and attached and incorporated into this Agreement. 2. Construction by the State 2.1. Contract Award. The State will advertise for bids and award a construction contract to the lowest responsible bidder according to the Project Plans. 2.2. Direction, Supervision, and Inspection of Construction. A. Supervision and Inspection by the State. The State will direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plans. B. Inspection by the City. The City participation construction covered under this Agreement will be open to inspection by the City. If the City believes the City participation construction covered under this Agreement has not been properly performed or that the construction is defective, the City will inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by the City are not binding on the State. The State will have the exclusive right to determine whether the State's contractor has satisfactorily performed the City participation construction covered under this Agreement. 2.3. Plan Changes, Additional Construction, Etc. A. Subject to the approval provisions of this Section 2.3.A., the City agrees that the State may make changes in the Project Plans and contract construction that are reasonably necessary to cause the contract construction to be in all things performed and completed in a satisfactory manner. Except in cases of emergency, to ensure safety, or to comply with environmental laws and regulations, the City shall have the right to review and approve any material changes to Project Plans and specifications related to the City's infrastructure or cost participation prior to the work being performed. The City shall respond to the State’s request for approval, which the City shall not unreasonably withhold, to authorize the issuance of any negotiated change orders or supplemental agreements within a reasonable time frame that accounts for Project construction deadlines. The City will be responsible for any delay claims from State’s Contractor due to the City’s failure to provide such timely response. Deviations from the Project Plans for City-Owned facilities will be documented, and record drawing information will be provided to the City upon completion of the Project. The City approval provisions set forth herein shall not otherwise alter or affect the State’s authority to direct and supervise the construction contract under Section 2.2.A. B. The City may request additional work or changes to the work in the plans as part of the construction contract. Such request will be made by an exchange of letter(s) with the State. If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the project, the State will cause the additional work or plan changes to be made. 59 MnDOT Contract No.: 1058885 -3- Receivable Standard with Signal (Cooperative Agreements) 2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. 2.5. Permits. The City will submit to the State's Utility Engineer an original permit application for all utilities owned by the City to be constructed hereunder that are upon and within the Trunk Highway Right of Way. Applications for permits will be made on State form "Application For Utility Permit On Trunk Highway Right of Way" (Form 2525). 2.6. Utility Adjustments. Adjustments to certain City-owned facilities, including but not limited to, valve boxes and frame and ring castings, may be performed by the State's contractor under the construction contract. The City will furnish the contractor with new units and/or parts for those in place City-owned facilities when replacements are required and not covered by a contract pay item, without cost or expense to the State or the contractor, except for replacement of units and/or parts broken or damaged by the contractor. 3. Maintenance by the City Upon completion of the project, the City will provide the following without cost or expense to the State: 3.1. Sidewalks. Maintenance of any sidewalk construction within the City limits, including stamped and colored concrete sidewalk (if any) and pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, cross street pedestrian crosswalk markings, vegetation control of boulevards (if any), and any other maintenance activities necessary to perpetuate the sidewalks in a safe, useable, and aesthetically acceptable condition. The State will maintain crosswalk markings on the Trunk Highway at ramps which intersect with City roads. 3.2. Additional Drainage. No party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. 4. Signal System and Emergency Vehicle Preemption System Operation and Maintenance Operation and maintenance responsibilities will be as follows for the Signal System and Emergency Vehicle Preemption (EVP) System on the TH 394 north ramps at Louisiana Avenue and for the Interconnect into the State’s fiber network. 4.1. City Responsibilities. A. Power. The City will be responsible for the hook-up cost and application to secure an adequate power supply to the service pad(s) or pole(s) and will pay all monthly electrical service expenses necessary to operate the Signal System, EVP System, and Interconnect. B. Minor Signal System Maintenance. The City will provide for the following, without cost to the State. i. Maintain the signal pole mounted Light-emitting Diode (LED) luminaires, including replacing the luminaires when necessary. The LED luminaire must be replaced when it fails or when light levels drop below recommended American Association of State Highway and Transportation Officials (AASHTO) levels for the installation. ii. Replace the Signal System LED indications. Replacing LED indications consists of replacing each LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual or fails or no longer meets Institute of Traffic Engineers (ITE) standards for light output. iii. Clean the Signal System controller cabinet and service cabinet exteriors. 60 MnDOT Contract No.: 1058885 -4- Receivable Standard with Signal (Cooperative Agreements) iv. Clean the Signal System and luminaire mast arm extensions. v. Paint and maintain the cross street pedestrian crosswalk markings except as otherwise described in Article 3.1 of this agreement. 4.2. State Responsibilities. A. Interconnect; Timing; Other Maintenance. The State will maintain the Interconnect and signing, and perform all other Signal System, Accessible Pedestrian Signals (APS), and signal pole luminaire circuit maintenance without cost to the City. All Signal System timing will be determined by the State, and no changes will be made without the State's approval. B. EVP System Operation. The EVP System will be installed, operated, maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP System must be done by State forces. ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. iii. Malfunction of the EVP System must be reported to the State immediately. iv. In the event the EVP System or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after the City receives written notice from the State, the State may remove the EVP System. Upon removal of the EVP System pursuant to this Paragraph, all of its parts and components become the property of the State. v. All timing of the EVP System will be determined by the State. C. Other Signal System Maintenance. The State will be responsible for all maintenance and repair of the Signal System not assumed by the City in Section 4.1. Future signal system replacement will be in accordance with the State’s Cost Participation Policy. 4.3. Right-of-Way Access. Each party authorizes the other party to enter upon their respective public right-of-way to perform the maintenance activities described in this Agreement. 4.4. Related Agreements. This Agreement will supersede and terminate the operation and maintenance terms of Agreement No. 65201M, dated November 8, 1988, between the parties, for the intersection of the TH 394 North Ramps at Louisiana Avenue. 5. Basis of City Cost 5.1. Schedule "I". The Preliminary Schedule "I" includes anticipated City participation construction items, State Furnished Materials lump sum amounts, Early Procurement Signal Pole Steel lump sum amounts, and the construction engineering cost share covered under this Agreement, and is based on engineer's estimated unit prices. 5.2. City Participation Construction. The City will participate in the following at the percentages indicated. A. 50 Percent will be the City's rate of cost participation in all of the signal system construction work items as shown on Sheet No. 2 of the Preliminary Schedule "I". 5.3. Early Procurement Signal Pole Steel. The State will procure and furnish signal pole steel under State Project No. 2789-171(EP) ("Early Procurement Signal Pole Steel") to operate the traffic control signal 61 MnDOT Contract No.: 1058885 -5- Receivable Standard with Signal (Cooperative Agreements) system covered under this Agreement. The City’s estimated lump sum cost share for Early Procurement Signal Pole Steel is $72,128.50 as shown in the Preliminary Schedule "I". The lump sum amount will be revised based on contract bid prices. 5.4. State Furnished Materials. The State will furnish an ATC Cabinet 350, Gridsmart system with one camera, PTZ camera, and fiber ("State Furnished Materials"), according to the Project Plans, to operate the traffic control signal system covered under this Agreement. The City's lump sum share for State Furnished Materials is $45,340.11. The City's cost share for State Furnished Materials will be added to the City's total construction cost share as shown in the Schedule "I". 5.5. Construction Engineering Costs. The City will pay a construction engineering charge equal to 8 percent of the total City participation construction covered under this Agreement. 5.6. Plan Changes, Additional Construction, Etc. The City will share in the costs of construction contract addenda and change orders that are necessary to complete the City participation construction covered under this Agreement, including any City requested additional work and plan changes. The State reserves the right to invoice the City for the cost of any additional City requested work and plan changes, construction contract addenda, change orders, and associated construction engineering before the completion of the contract construction. 5.7. Liquidated Damages. All liquidated damages assessed the State's contractor in connection with the construction contract will result in a credit shared by each party in the same proportion as their total construction cost share covered under this Agreement is to the total contract construction cost before any deduction for liquidated damages. 6. City Cost and Payment by the City 6.1. City Cost. $213,429.12 is the City's estimated share of the costs of the contract construction, State Furnished Materials, Early Procurement Signal Pole Steel, and the 8 percent construction engineering cost share as shown in the Preliminary Schedule "I". The Preliminary Schedule "I" was prepared using anticipated construction items and estimated quantities and unit prices and may include any credits or lump sum costs. Upon award of the construction contract, the State will prepare a Revised Schedule "I" based on construction contract construction items, quantities, and unit prices, which will replace and supersede the Preliminary Schedule "I" as part of this Agreement. 6.2. Conditions of Payment. The City will pay the State the City's total estimated construction, State Furnished Materials, Early Procurement Signal Pole Steel, and construction engineering cost share, as shown in the Revised Schedule "I", after the following conditions have been met: A. Execution of this Agreement and transmittal to the City, including a copy of the Revised Schedule "I". B. The City's receipt of a written request from the State for the advancement of funds. 6.3. Acceptance of the City's Cost and Completed Construction. The computation by the State of the amount due from the City will be final, binding and conclusive. Acceptance by the State of the completed contract construction will be final, binding, and conclusive upon the City as to the satisfactory completion of the contract construction. 6.4. Final Payment by the City. Upon completion of all contract construction and upon computation of the final amount due the State's contractor, the State will prepare a Final Schedule "I" and submit a copy to the City. The Final Schedule "I" will be based on final quantities, and include all City participation construction items and the construction engineering cost share covered under this Agreement. If the final cost of the City participation construction exceeds the amount of funds advanced by the City, the City will pay the 62 MnDOT Contract No.: 1058885 -6- Receivable Standard with Signal (Cooperative Agreements) difference to the State without interest. If the final cost of the City participation construction is less than the amount of funds advanced by the City, the State will refund the difference to the City without interest. The State and the City waive claims for any payments or refunds less than $5.00 according to Minnesota Statutes § 15.415. 7. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 7.1. The State's Authorized Representative will be: Name, Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366-4634 E-Mail: malaki.ruranika@state.mn.us 7.2. The City's Authorized Representative will be: Name, Title: Michael Ryan, City Engineer (or successor) Address: 7800 Golden Valley Road, Golden Valley, MN 55427 Telephone: (763) 593-8043 E-Mail: mryan@goldenvalleymn.gov 8. Assignment; Amendments; Waiver; Contract Complete 8.1. Assignment. No party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. The foregoing does not prohibit the City from contracting with a third-party to perform City maintenance responsibilities covered under this Agreement. 8.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 8.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 8.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 9. Liability; Worker Compensation Claims 9.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. 9.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 63 MnDOT Contract No.: 1058885 -7- Receivable Standard with Signal (Cooperative Agreements) 10. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 11. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, accounting procedures, and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 12. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State. 13. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation, and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14. Termination; Suspension 14.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 14.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project. Termination must be by written or fax notice to the City. 14.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities, and performance of work authorized through this Agreement. 15. Force Majeure No party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance) if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] 64 MnDOT Contract No.: 1058885 -8- Receivable Standard with Signal (Cooperative Agreements) CITY OF GOLDEN VALLEY The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. By: Title: Mayor Date: By: Title: City Manager Date: DEPARTMENT OF TRANSPORTATION Recommended for Approval: By: (District Engineer) Date: Approved: By: (State Design Engineer) Date: COMMISSIONER OF ADMINISTRATION By: (With Delegated Authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. 65 PRELIMINARY SCHEDULE "I" Agreement No. 1058885 City of Golden Valley SP 2789-171 (TH 394=010), SP 2789-171(EP)Preliminary: April 21, 2025 SAP 163-276-037 Fed Proj. NHPP-HSIP I394(005) Grading, bitumionus paving, signing, TMS, retaining wall, ADA improvements, signals, lighting and Bridge No. 27745 construction to start approximately August 2025 under State Contract No. ____ with ____ located on TH 394 from 0.21 miles west of Louisiana Avenue to 0.69 miles east of Louisiana Avenue CITY COST PARTICIPATION Signal System Work Items (From Sheet No. 2)80,150.94 (1)Early Procurement Signal Steel (From Sheet No. 2)72,128.50 State Furnished Materials (From Sheet No. 2)45,340.11 Subtotal $197,619.55 Construction Engineering (8%)15,809.56 (2)Total City Cost $213,429.12 (1) This will be a lump sum amount based on contractor bid prices (2) Amount of advance payment as described in Article 6 of the Agreement (estimated amount) Data is considered Non-public prior to project award under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.- 1 - 66 12345(1) 45% FEDERAL, 5% STATE, 50% CITY ITEM SP 2789-171 UNIT QUANTITY UNIT PRICE COST NUMBER WORK ITEM (1) 2565.501 EMERGENCY VEHICLE PREEMPTION SYSTEM B LUMP SUM 1.00 6,523.92 6,523.92 2565.516 TRAFFIC CONTROL SIGNAL SYSTEM B SYSTEM 1.00 153,777.96 153,777.96 TOTAL $160,301.88 (1)45% FEDERAL $72,135.85 5% STATE $8,015.09 50% CITY $80,150.94 (2) 50% STATE, 50% CITY ITEM SP 2789-171(EP)UNIT QUANTITY UNIT PRICE COST NUMBER EARLY PROCUREMENT SIGNAL POLE STEEL (2) SIGNAL POLE STEEL LUMP SUM 1.00 144,257.00 144,257.00 TOTAL $144,257.00 (2)50% STATE $72,128.50 50% CITY $72,128.50 (3) 50% STATE, 50% CITY ITEM SP 2789-171 UNIT QUANTITY UNIT PRICE COST NUMBER STATE FURNISHED MATERIALS (3) ATC CABINET 350 LUMP SUM 1.00 58,841.46 58,841.46 GRIDSMART SYSTEM INCL. ONE CAMERA LUMP SUM 1.00 25,354.12 25,354.12 PTZ CAMERA LUMP SUM 1.00 5,207.36 5,207.36 FIBER LUMP SUM 1.00 1,277.28 1,277.28 TOTAL $90,680.22 (3)50% STATE $45,340.11 50% CITY $45,340.11 Data is considered Non-public prior to project award under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.- 2 - 67 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 6, 2025 Agenda Item 3D.1. Adopt Resolution No. 25-030 Authorizing Application for the 2025 Hennepin County Cost Participation and Partnership Request Process. Prepared By Michael Ryan, City Engineer Summary Hennepin County's cost participation request process allows partner agencies to perform work within the County right-of-way through a collaborative program that provides financial assistance. The County's transportation capital improvement program is adopted by the County board each December, including limited funding for County cost participation. Eligible costs including engineering, right-of-way, and construction costs for upcoming projects. Cost participation requests are typically considered up to $500,000 and are evaluated based on: Alignment with current asset needs along the County's multimodal transportation system Advancement of County priorities including Complete & Green Streets, climate action, disparity reduction, and safety Project readiness Staff recommends applying for this cost participation with Hennepin County to improve traffic, pedestrian, and environmental conditions at the intersection of Golden Valley Road and Theodore Wirth Parkway. Local streets and right-of-way along Glenwood Parkway, located east of the intersection, would be reconfigured as part of the proposed improvements. This intersection was designed to a 90% level during Metro Transit's Blue Line LRT Extension project, but was not completed due to realignment of the Blue Line LRT Extension route. Staff discussed this opportunity and received support from Minneapolis Park & Recreation Board to apply for this cost participation request. Financial or Budget Considerations Hennepin County's cost participation request process advises that requested funding should not exceed $500,000. Staff estimated construction costs at approximately $2,500,000 based on the 90% design, including improvements within City, County, and MPRB right-of-way. Additional contingency is appropriate based on market uncertainty. The proposed project is not currently included in County, MPRB, or City capital improvement plans. 68 Execution of the work would require financial commitments from each organization for improvements during FY 2026, including adoption a new project in the City's next capital improvement plan. If the cost participation request is not awarded, or if any organization does not commit sufficient funding for improvements within their right-of-way, then the proposed work may not proceed in FY 2026. In this case, City staff will continue to advocate for a future collaborative project between agencies. Legal Considerations Staff will work with the City Attorney to review agreements if the funding request is approved by Hennepin County. The County will provide notice to the City by December 2025 if the project is approved by the County board. Equity Considerations The City's ongoing work to improve multi-modal transportation and create more green space is consistent with the City's diversity, equity, and inclusion in practice statements and equity lens, supporting programs and services that help address and alleviate disparities. The Golden Valley Road and Theodore Wirth Parkway intersection serves a high volume of vehicle and pedestrian traffic, and the layout does not conform to current best practices in the industry. The existing impervious surface contributes to urban heat island, which disproportionally affects pedestrians walking, biking, and rolling in the area. Improved intersection safety and green space will benefit all community members commuting through the area using any mode of transportation. Recommended Action Motion to Adopt Resolution No. 25-030 Authorizing Application for the 2025 Hennepin County Cost Participation and Partnership Request Process. Majority vote needed. Supporting Documents Resolution No. 25-030 - Authorizing Application for Hennepin County Cost Participation and Partnership Request Process 69 RESOLUTION NO. 25-030 A RESOLUTION AUTHORIZING APPLICATION FOR THE 2025 HENNEPIN COUNTY COST PARTICIPATION AND PARTNERSHIP REQUEST PROCESS WHEREAS, Hennepin County’s cost participation request process allows partner agencies to perform work within the County right-of-way, presenting an opportunity to work collaboratively on shared goals; and WHEREAS, the County’s transportation capital improvement program is adopted by the County board each December, including limited funding for County cost participation in external agency-led projects along county roadways; and WHEREAS, the intersection of Golden Valley Road and Theodore Wirth Parkway is located within Hennepin County and Minneapolis Park & Recreation Board right-of- way, and intersection improvements would affect adjacent streets that require City of Golden Valley participation;and WHEREAS, intersection improvements serve to benefit traffic and pedestrian safety, increase green space, and improve multi-modal amenities within City limits; and WHEREAS, project improvements require coordinated planning and certain financial commitments from participating agencies to proceed. City staff will continue to advocate if the project does not advance through this effort. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that this Council hereby authorizes the City Manager or their designee to prepare and submit an application for funding support through Hennepin County’s 2025 Cost Participation Request Process. Passed by the City Council of the City of Golden Valley, Minnesota this 6th day of May, 2025. _____________________________ Roslyn Harmon, Mayor Attested: _______________________ Theresa Schyma, City Clerk 70 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 6, 2025 Agenda Item 3D.2. Adopt Resolution No. 25-031 Authorizing Application for the USDOT Safe Streets and Roads for All Planning and Demonstration Grant Prepared By Jacquelyn Kramer, Senior Planner Summary The purpose of the Safe Streets and Roads for All (SS4A) grant program is to improve roadway safety by significantly reducing and eventually eliminating roadway fatalities and serious injuries. The program provides funding to develop tools to strengthen a community’s approach to roadway safety and save lives and prevent serious harm. Eligible activities including creating or updating a Comprehensive Safety Action Plan, demonstration projects, and implementation projects. The City would like to apply for funds to develop a Comprehensive Safety Action Plan, which uses data analysis to characterize roadway safety problems and solutions with the end goal of reducing and eliminating serious injury and fatal crashes affecting all roadway users. The deadline for the application is June 26, 2025. Financial or Budget Considerations This grant requires a 20% local match, which may include both cash as well as in-kind contributions. There is no minimum or maximum grant award. Previous year (2024-2025) SS4A Planning and Demonstration Grant recipients included 640 communities who were recommended for $434,890,481 in grant support. In Minnesota, seven cities were awarding grant funds to develop a new Comprehensive Safety Action Plan with award amounts ranging from $120,000-$340,000. Legal Considerations Staff will work with the City Attorney to review draft grant agreements following receipt from USDOT. These items will be submitted for City Council consideration at that time. Equity Considerations The USDOT SS4A Planning and Demonstration Grant supports both the Inclusive Community Engagement and the Advancement of Diversity, Equity, and Inclusion pillars of the Equity Plan. City staff are committed to working closely with the Community Engagement Specialist and the Equity 71 Manager to lead with an equity-based approach. The City will prioritize diverse, equitable, and inclusive community engagement to include multiple perspectives in the planning and implementation process, and to ensure we are responsive to the community's needs. Recommended Action Motion to Adopt Resolution No. 25-031 Authorizing Application for the USDOT Safe Streets and Roads for All Planning and Demonstration Grant. Majority vote needed. Supporting Documents Resolution No. 25-031 - Authorizing Application for the USDOT Safe Streets and Roads for All Planning and Demonstration Grant 72 RESOLUTION NO. 25-031 A RESOLUTION AUTHORIZING APPLICATION FOR THE US DEPARTMENT OF TRANSPORTATION SAFE STREETS AND ROADS FOR ALL PLANNING AND DEMONSTRATION GRANT WHEREAS, funding is available from the USDOT through its Safe Streets and Roads for All program for planning, demonstration, and implementation projects to prevent roadway fatalities and serious injuries; and WHEREAS, the City of Golden Valley is eligible to apply for funding through this program to develop a Comprehensive Safety Action Plan, which uses data analysis to characterize roadway safety problems and solutions with the end goal of reducing and eliminating serious injury and fatal crashes affecting all roadway users; and WHEREAS, the City of Golden Valley’s 2040 Comprehensive Plan states safety is of utmost importance in the City’s Transportation Plan and commits to prioritizing improved safety on roadways throughout the city for motorized and non-motorized traffic. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that this Council hereby authorizes the City Manager or their designee to prepare and submit the grant application for USDOT Safe Streets and Roads for All program. Passed by the City Council this 6th day of May, 2025. _____________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 73 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 6, 2025 Agenda Item 3E. Adopt Ordinance No. 795 and Resolution No. 25-032 Approving a Conditional Use Permit Amendment for a Child Care Center at 4735 Bassett Creek Drive Prepared By Jacquelyn Kramer, Senior Planner Summary Pat McGraw, on behalf of Valley of Peace Lutheran Church, requests a conditional use permit (CUP) amendment to allow an expansion of an existing daycare at 8735 Bassett Creek Drive. Planning Commission held a public hearing on April 14, 2025. No one testified at the public hearing. Planning Commission recommended approval of the application based on the finding that the amendment meets the intent and purpose provision of Section 113-30 in that the child care center is a suitable use in the Institutional – Assembly District and will not have a negative impact on the health, safety, and general welfare of the community. Legal Considerations Per Section 3 of Ordinance No. 795, the City Attorney's office will complete title review of the application before city staff record the Conditional Use Permit. Equity Considerations The applicant’s request was part of a public hearing at the April 14, 2025, Planning Commission 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. 795 approving a conditional use permit amendment to allow an expansion of a child care center at 8735 Bassett Creek Drive. 2. Motion to adopt Resolution No. 25-032 approving summary publication of Ordinance No. 795 (This resolution requires a four-fifths vote of all members of the Council for approval). Supporting Documents April 14, 2025 Planning Commission Staff Report Ordinance No. 795 - Amendment to CUP 88-33 Resolution No. 25-032 - Authorizing Summary Publication Of Ordinance No. 795 74 Date: April 14, 2025 To: Golden Valley Planning Commission From: Jacquelyn Kramer, Senior Planner Subject: Conditional Use Permit Amendment for operation of a child care center Summary Pat McGraw, on behalf of Valley of Peace Lutheran Church, requests a conditional use permit (CUP) amendment to increase the number of children permitted at the child care center located at 4735 Bassett Creek Drive. Recommended Motion “I move to recommend approval of the conditional use permit amendment to increase the number of children allowed at the child care center at 4735 Bassett Creek Drive, subject to the findings and conditions in the April 14, 2025, staff report.” Meeting Dates Planning Commission: April 14, 2025 City Council: May 6, 2025 Subject Property Location: Parcel ID Number: Applicant/Property Owner: Site Size: Future Land Use: 4735 Bassett Creek Drive 1802924210066 Pat McGraw, on behalf of Valley of Peace Lutheran Church 2.4 acres, 104,471 square feet Assembly Zoning District: I-A Institutional Assembly Existing Use: Church and daycare Adjacent Properties: Bassett Valley Open Space to the south, single family homes on all other sides. 175 Site Image 2018 aerial photo (Hennepin County) Background Child care centers in the Institutional-Assembly zoning district require a CUP. Valley of Peace received a CUP to operate a child care center in 1988 (Conditional Use Permit No. 88-33). The original CUP limited the child care center to 30 children. Since then, the child care center has expanded into additional areas within the building and the number of enrollees has increased to 70. The child care center is located in the eastern portion of the building. The east side of the property contains a fenced playground area. A drop off and pick up area for the child care center is located at the main entrance of the building. The church is now partnering with a new child care operator who will take over management of the daycare. The new operator and the church would like to expand the capacity of the child care Valley of Peace Lutheran Church 276 center to 86. Minor interior renovations to the existing building are proposed as part of the project. No exterior changes to the building or site are proposed at this time. Planning Analysis The applicant seeks approval for an amendment to the existing CUP on the property in order to increase the number of children the child care center may serve to 86. In reviewing this application, staff has examined the request in accordance with the standards outlined in Section 113-30 of the City Code, which provides the criteria for granting a CUP in accordance with Minnesota State Statute Section 462.357. The burden of proof rests with the applicant to demonstrate that the request aligns with the general purposes and intent of this chapter and is consistent with the Comprehensive Plan. A Conditional Use Permit (CUP) amendment must be reviewed against the following standards: 1. Demonstrated need for the proposed use. This child care center provides an essential service to the community. Both the city of Golden Valley and the metro region have a high demand for child care. 2. Consistency with the Comprehensive Plan of the City. Child care centers are an appropriate use for the Assembly land use category. Child care centers are allowed in the I-A zoning district with a CUP. 3. Effect upon property values in the neighboring area. The proposal is an expansion of an existing use and staff does not anticipate any impact on property values in the vicinity. 4. Effect of any anticipated traffic generation upon the current traffic flow and congestion in the area. The child care center has operated on the site for 37 years and the proposed increase in attendance will not significantly change traffic patterns or congestion in the area. 5. Effect of any increases in population and density upon surrounding land uses. The population and density in this area will not increase due to the proposal. 6. Compliance with the City's Mixed-Income Housing Policy (if applicable to the proposed use). Not applicable to this project. 7. Increase in noise levels to be caused by the proposed use. No changes are proposed to the playground or other outdoor areas of the site. The proposed change will not lead to an increase in noise levels. 8. Any odors, dust, smoke, gas, or vibration to be caused by the proposed use. There will not be any odors, dust, smoke, gas, or vibration caused by the proposed change. 9. Any increase in pests, including flies, rats, or other animals or vermin in the area to be caused by the proposed use. The proposed change will not attract pests. 10. Visual appearance of any proposed structure or use. The applicant is not proposing any exterior changes to the building or site. 11. Any other effect upon the general public health, safety, and welfare of the City and its residents. Staff reviewed the available parking on the site to ensure parking requirements for both the place of worship and child care center uses would be met. The church requires 80 spaces, and the proposed expansion would increase the parking required for 377 the child care center to 14 spaces for a total requirement of 94 parking spaces. The site contains 105 parking spaces, so there is sufficient parking for both uses. The proposed expansion of the child care center will improve the overall public health, safety, and welfare of the city and its residents. Staff finds that the application meets ordinance requirements for a CUP amendment. The Development Review Committee (consisting of staff from all departments) reviewed the plans and provided the applicant with feedback for their building permit plans. The Committee raised no other concerns regarding the CUP amendment application. CUP No. 88-33 required four conditions when the city originally approved the child care center: 1. The child care center be limited to 30 children. 2. The child care center be operated in the area shown on the building plans and site plan on file with the City of Golden Valley. 3. The child care center receives all other necessary permits from the State and City of Golden Valley before operations begins. 4. Any failure to comply with one or more of the conditions of approval shall be grounds for revocation of the Conditional Use Permit. Staff recommends removing the limit to the number of children in the facility, since state licensing requirements already limit the number of children a child care facility may serve. Staff recommends the other three conditions remain in the CUP. Public Notification As required by ordinance, a neighborhood notice was published in the local paper of record and mailed to all properties within 500 feet on April 3, 2025. At the time of this staff report, staff has received no comments on the application. Recommendation Staff recommends approval of the conditional use permit amendment, subject to the findings in the staff report and the conditions below: 1. The child care center be operated in the area shown on the building plans and site plan on file with the City of Golden Valley. 2. The child care center receives all other necessary permits from the State and City of Golden Valley before operations begins. 3. Any failure to comply with one or more of the conditions of approval shall be grounds for revocation of the Conditional Use Permit. Next Steps City Council will take action on the application on May 6, 2025. 478 Attached Exhibits 1. Applicant’s Letter 2. Floor Plans 3. Parking and Circulation Plan 4. CUP No. 88-33 Staff Contact Information Prepared by: Jacquelyn Kramer Senior Planner jkramer@goldenvalleymn.gov Reviewed by: Chloe McGuire Deputy Community Development Director cmcguire@goldenvalleymn.gov 579 March 6, 2025 Steven Okey Associate Planner City of Golden Valley Re: Amended Conditional Use Permit (CU-33) for Montessori School and Child Day Care Center at PID 1802924210066 Valley of Peace Lutheran Church seeks an amended Conditional Use Permit (CUP) to increase the allowable number of children to eighty-six (86). The original CUP was issued in 1988 with a thirty-child capacity. Over the years the school and day care have expanded into additional areas within the building as the number of enrollees have increased. The original floorplan, the current floorplan and the proposed floorplan are attached. A markup of the site plan depicting traffic flow and number of parking stalls is also attached. Finally, a draft CUP application is attached. Modifications to the interior space will include:  Combine two rooms in southwest corner through removal of masonry wall between the two rooms  Combine two rooms along east side through removal of masonry wall between the two rooms  Combine two rooms along the west side through installation of a doorway in the masonry wall separating the two rooms  Installation of new galley restroom (sinks and toilets) between two rooms on east side All current and proposed school and day care spaces are on the first floor. It is my understanding that once a cursory review of these materials has been made you will let me know if additional information is needed and arrange for an advisory meeting (virtual) prior to our formal CUP application submittal. I appreciate the guidance you’ve provided thus far and look forward to working with you and others at the City throughout this process. Sincerely, Pat McGraw Valley of Peace Council Past President 680 781 882 983 1084 CITY OF GOLDEN YALLEY CONDITIONAL USE PERMIT N 0. 88-33 DATE OF APPROVAL: September 6, 1988 by the City Council in accordance with Section 11.46, Subd. 2 of the Land Use Regulations (Zoning) of the City Code. ISSUED T0: Valley of Peace Lutheran Church APPROVED LOCATION: 4735 Bassett Creek Orive APPROVED CONDITIONAL USE: Operation of a Montessori SchoollChild Day Care Center in an Institutional Zoning District. CONDITIONS OF APPROVAL: 1. The Montessori School/Day Care Center be limited to 30 children. 2. The Montessori School/Day Care Center be operated in the area shown on the building plans and site plan on file with the City of Golden Valley. 3. The Montessori School/Day Care Center receives all other necessary permits from the State and City of Golden Valley before operation begins. 4. Any failure to comply with one or more of the conditions of approval shall be grounds for revocation of the Conditional Use Permit. WARNING: This permit does not exempt you from all other City Code provisions, gulations and ordinances. iSSUED BY: Ma W. Grimes, Director of Planning and Development 1185 ORDINANCE NO. 795 AN ORDINANCE AMENDING THE CITY CODE Approval of Amendment to Conditional Use Permit Number No. 88-33 Child care center at Valley of Peace Lutheran Church 8735 Bassett Creek Drive The City Council for the City of Golden Valley hereby ordains as follows: Section 1. Pursuant to City Code Chapter 113. Zoning, Article III. Zoning Districts, Section 113-55(b) and Section 113-96, a Conditional Use Permit Amendment is hereby approved for a certain tract of land located at 8735 Bassett Creek Drive, thereby allowing for a child care center in an Institutional – Assembly District. This Conditional Use Permit is approved based on the application materials and plans submitted by the applicant, staff memos, public comments and information presented to the Planning Commission and City Council, and findings recommended by the Planning Commission. This Conditional Use Permit is approved pursuant to City Code Section 113- 30(k), and adopted by the City Council on May 6, 2025. This Conditional Use Permit is subject to all of the terms of the permit to be issued including, but not limited to, the following specific conditions. Conditions that are removed from the original Conditional Use Permit are shown as strikethrough text. 1.The child care center be limited to 30 children. 2.The child care center be operated in the area shown on the building plans and site plan on file with the City of Golden Valley. 3.The child care center receives all other necessary permits from the State and City of Golden Valley before operations begins. 4.Any failure to comply with one or more of the conditions of approval shall be grounds for revocation of the Conditional Use Permit. In addition, the City Council makes the following findings pursuant to City Code Section 113-30(d): Whereas, Pat McGraw on behalf of Valley of Peace Lutheran Church applied for a Conditional Use Permit Amendment to increase the size of a child care center operating at 8735 Bassett Creek Drive; and Whereas, Section 113-30 of the City Code governs conditional use permits and amendments; and Whereas, the City of Golden Valley Planning Commission held a public hearing on April 14, 2025, and recommended approval of the Conditional Use Permit Amendment; and Whereas, The City Council finds the amendment meets the intent and purpose provision of Section 113-30 in that the child care center is a suitable use in the Institutional – Assembly District and will not have a negative impact on the health, safety, and general welfare of the community. 86 Ordinance No. 795 -2-May 6, 2025 Section 2. The tract of land affected by this ordinance is legally described as follows: Lots 1, 2, 3, 4, and 5, Block 5, Dawn Acres Second Addition Section 3. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 6th day of May, 2025. Roslyn Harmon, Mayor ATTEST: Theresa Schyma, City Clerk 87 RESOLUTION NO. 25-032 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 795 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. 795 AN ORDINANCE AMENDING THE CITY CODE APPROVAL OF AMENDMENT TO CONDITIONAL USE PERMIT NO. 88-33 This is a summary of the provisions of Ordinance No. 795 which has been approved for publication by the City Council. At the May 6, 2025 City Council meeting, the Golden Valley City Council enacted Ordinance No. 795 amending Conditional Use Permit No. 88-33 to allow an expansion of an existing child care center use at 8735 Bassett Creek Drive. 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- andProposed-Ordinances. Passed by the City Council of the City of Golden Valley, Minnesota on May 6, 2025. ____________________________ Roslyn Harmon, Mayor Attested: ____________________ Theresa Schyma, City Clerk 88 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 6, 2025 Agenda Item 3F. Adopt Ordinance No. 796 and Resolution Nos. 25-033 and 25-034 approving Rezoning, Preliminary Plat, and Summary Ordinance for 1611 Lilac Drive North Prepared By Jacquelyn Kramer, Senior Planner Summary The City of Golden Valley Housing and Redevelopment Authority (HRA) seeks City Council approval for a rezoning to R-2 Moderate Family Residential and a preliminary plat for the property at 1611 Lilac Drive North. The proposed changes would allow the construction of two sets of twinhomes. Financial or Budget Considerations The City purchased this property from the Minnesota Department of Transportation (MnDOT) through the Home Ownership for Equity (HOPE) Program. Legal Considerations The developer of this property will enter into a development agreement with the City before closing on the property. This agreement will be drafted by the City Attorney and will include a provision guaranteeing the home stays affordable for a set period of time. Staff has proposed a 99-year affordability period in the draft agreement, which will be brought to HRA for final approval at a later time. Title review revealed an issue relating to the legal description of the property, which will require legal action to correct. The final plat will be presented for approval upon resolution of this issue. Equity Considerations Identified in the 2040 Comprehensive Plan’s Housing Chapter, preserving a measure of affordability in the owner-occupied housing market is an important asset to housing market stability and the community’s overall livability. Additionally, Minnesota, including Golden Valley, has one of the worst racial disparities in homeownership in the nation. HOPE prioritizes organizations that have demonstrated success in building relationships of trust with Black, Indigenous, and people of color (BIPOC) communities. Recommended Action Motion to adopt Ordinance No. 796 and Resolution Nos. 25-033 and 25-034 approving Rezoning, Preliminary Plat, and Summary Ordinance for 1611 Lilac Drive North based on the findings in the staff report. 89 Supporting Documents Staff Report - 1611 Lilac Drive Ordinance No. 796 - Zoning Map Amendment - 1611 Lilac Drive Resolution No. 25-033 - Preliminary Plat - 1611 Lilac Drive Resolution No. 25-034 - Summary Publication of Ordinance No. 796 90 Date: April 28, 2025 To: Golden Valley City Council From: Kendra Lindahl, Consulting Planner Subject: Rezoning and Preliminary Plat for 1611 Lilac Drive North SUMMARY The property was originally guided and zoned for single family homes and there were two homes on the property until 2000. In 2000, the property was acquired by MnDOT and the homes were demolished for highway construction. The land use and zoning designations were removed when MNDOT acquired the land. The City Council designated the property as Low Density Residential on the Future Land Use Plan in 2017 pending sale of the land by MnDOT. The City has now acquired land at 1611 Lilac from the Minnesota Department of Transportation (MnDOT). This was land that was no longer needed by MnDOT. MEETING DATE(S) Neighborhood Meeting: March 31, 2025 Planning & Zoning Commission: April 14, 2025 City Council: May 6, 2025 PROJECT INFORMATION Applicant: City of Golden Valley Housing and Redevelopment Authority (HRA) Property owner: (Same) Lot size: 0.68 acres Future land use designation: Low Density Residential Zoning district: R-1 Existing use: Vacant Figure 1 - Aerial Location Map Proposed use: Twinhomes Adjacent land use, zoning and uses: Guided Low Density Residential, zoned R-1 (Single Family Detached) and developed with single family homes to the north, east (across Lilac Drive and Highway 100), south and west. 91 PLANNING COMMISSION REVIEW The Planning Commission held a public hearing on April 14th to review this item. There were a number of residents present to speak on this item both in support and in opposition to the project. Staff noted that this project is part of the Home Ownership Program for Equity (HOPE) program. HOPE provides owner-occupied housing for those earning 60-80% of the Area Median Income (AMI). A household earning 80% AMI equals $99,400 per year, while a 60% AMI household earns $74,600. The Planning Commission voted 6-0 to recommend approval of the rezoning from R-1 to R-2 and to recommend approval of the preliminary plat. PLANNING ANALYSIS Level of Discretion in Decision Making The City has a relatively high level of discretion in approving or denying a rezoning application. The proposed zoning for a property must be consistent with the City’s Comprehensive Plan. If the proposed zoning is not consistent with the Comprehensive Plan, the City must deny the rezoning application. The Zoning Ordinance and Map are the enforcement tools used to implement the goals and standards set in the Comprehensive Plan. The City’s discretion in approving a preliminary plat is limited to whether the proposed plat meets the standards outlined in the City’s subdivision and zoning ordinance and the conditions of preliminary plat approval. If it meets these standards, the City must approve the plat. Zoning Map Amendment The City is requesting that this 0.68-acre parcel be rezoned from R-1 to R-2 (moderate density residential) to allow for construction of two two-family homes. The R-1 and R-2 zoning districts are both compatible with the Low Density Residential land use. Figure 2 - Existing and Proposed Zoning The Low Density Residential classification is intended by the Comprehensive Plan to provide 92 opportunities for up to five homes per gross acre. The Plan says “This category includes primarily single-family detached units but may include single-family and two-family attached units in scattered locations as appropriate. This land use should be surrounded by other land uses with minimal impacts, such as institutional and open space.” The City Code describes the R-2 district as follows: The purpose of the Moderate Density Residential (R-2) Zoning District is to provide for single-family, two-family, and rowhouse dwellings at a moderate density (up to eight units per acre) along with directly related and complementary uses. State law requires the zoning district to be compatible with the land use designation. The R-2 zoning district is compatible with the Low Density Residential designation. The City Code provides no specific standards for approval of a zoning map amendment, but all amendments must comply with the Zoning Ordinance purpose statement in Section 113-2, which states “The purpose of this chapter is to regulate land use within the City, including the location, size, use, and height of buildings, the arrangement of buildings on lots, and the density of population within the City for the purpose of promoting the health, safety, order, convenience, and general welfare of all citizens of the City.” Subdivision The land is proposed to be platted as two parcels for development. Each lot is planned to be developed with a two-family home. The Zoning Ordinance defines single and two-family dwellings as follows: •Single-Family Dwelling is a building designed for or occupied by one family and containing one dwelling unit. •Two-Family Dwelling is a building designed for or occupied by two families and containing two dwelling units. The term two-family home includes both duplexes and twin-homes. A duplex is a building containing two separate dwelling units on one lot. A twinhome is a building containing two separate dwelling units but each unit is constructed as a separate building (under the building code definition) and are on separate lots. The City does not have a builder selected to build a twinhome on this lot. The plat shows the footprint of a home showing compliance with all ordinance requirements. When the City selects a builder, they will need to provide a floor plan and ensure compliance with the ordinance standards. The concept plan shows that the lot would exceed the dimensional requirements for the R-2 district as shown in the table below: 93 R-2 Standards Lot 1 Lot 2 Lot Size 10,000 sq. ft. 14,068 sq. ft. 15,458 sq. ft. Lot Width (measured at setback) 100 ft. 107.09 ft. 107.29 ft. Front Setback 35 ft. 35 ft. 36.5 ft. Side Setback 15 ft. (varies) 19.6 ft. 21.3 ft. Rear Setback 25 ft. 36.6 ft. 55.8 ft. Maximum Impervious 50% 29.6% 27.1% Coverage Maximum 30% 21.3% 19.4% The City’s ordinance requires a three-step process to approve a twinhome lot: 1.Approval of a preliminary plat to create a single lot that complies with the R-2 standards 2.Approval of a final plat to create a single lot that complies with the R-2 standards and 3.Approval of a minor subdivision for a Residential Zero Lot Line Home. At this time, the City has not selected a builder for this parcel. Approval of the preliminary plat and final plat would create two lots. If the City finds a twinhome builder for the parcels, the City would apply for a minor subdivision to create four lots for the twinhome units. That is not part of the current application. PUBLIC NOTIFICATIONS To comply with State law and the City’s public hearing notice requirements, notices were mailed to property owners within 500 feet of the site. In addition, a notice was published in the Sun Post Newspaper. At the time of this staff report, no comments were received from adjacent property owners except those provided at the open house on March 31, 2025. Neighbors were generally concerned about a two-family home on the property. STAFF FINDINGS Staff recommends approval of the request based on the finding and conditions in the staff report. In order to provide support for the recommendation below, staff is offering the following findings of fact related to the rezoning: 1.State law requires the property zoning to be consistent with the land use designation. The R-1 and R-2 zoning districts are compatible with the Low Density Residential designation. 2.Rezoning the property to R-2 allows redevelopment of the lots with a two-family home, as part of the City’s HOPE program. The HOPE program is a program to provide new affordable housing in the City. In order to provide support for the recommendation below, staff is offering the following findings of fact related to subdivision: 1.The impervious surface calculations and building coverage must be provided with the 94 building permit to show compliance with ordinance standards. 2.The plans must comply with engineering comments, as applicable. 3.If the City Attorney finds no prior park dedication has been paid or no credit can be found for park dedication on this lot, a park dedication fee equal to 6% of the land value shall be paid prior to the release of the final plat. 4.The City Attorney will complete the title review prior to approval of the final plat. NEXT STEPS The Subdivision Ordinance (Chapter 109) prohibits concurrent review of the preliminary plat and final plat. Following approval of the rezoning and preliminary plat, staff would prepare the final plat for City Council approval. The final plat will be scheduled for City Council action at a future City Council meeting. REQUESTED ACTION Move approval of the following as recommended by the Planning Commission: 1.Ordinance approving the rezoning from right-of-way to R-2 and 2.Resolution approving the Preliminary Plat for Hope Fifth Addition. ATTACHED EXHIBITS a. Location Map (Exhibit A) b.Existing Land Use Map (Exhibit B) c.Existing Zoning Map (Exhibit C) d.Proposed Zoning Map (Exhibit D) e.Preliminary Plat (Exhibit E) f.Ordinance Approving Rezoning (Exhibit F) g.Resolution Approving Preliminary Plat (Exhibit G) STAFF CONTACT INFORMATION Prepared by: Kendra Lindahl, AICP Consulting Planner, klindahl@landform.net Reviewed by: Chloe McGuire, AICP, Deputy Community Development Director, cmcguire@goldenvalleymn.gov 95 96 97 98 99 DlllC C C C C C C C C C C C C C X X X X X XXXXXXXXXXX X X X X X X X X X XNO PARKING WOODSHED WOOD FENCEWOOD HORSESHOEBACKSTOP CHAIN LINK FENCEBLOCKRET WALLBLOCK RET WALL EXISTINGHOUSE/GARAGE BIT BIT CONCRETE SIDEWALK CONCRETE SIDEWALK C-D C-D C-D BLOCK RET WALL CENTURYLINK WWWWWWWWWWWllllll8 IN DIP WM DDDDDDDDDDDLIP OF CURB BACK OF CURB OWNER: M D ROBERTSON/S L ROBERTSONPID: 2811821310152OWNER: NICOLE BUCK & BRIAN ARMPID: 2811821340004OWNER: DEAN A WIENEKEPID: 2811821340040OWNER: STEPHEN TRULLPID: 2811821340007COVEREDPORCH 6.5%GARAGES00°08'49"W 142.00 EAST LINE OF GOVERNMENT LOT 4, SEC. 28, TWP. 118, RNG. 21 NORTHEAST CORNER OF GOVERNMENT LOT 4,SEC. 28, TWP. 118, RNG. 21S00°08'49"W 89.36322.87 N89°52'02"W 260.77[90.3 DEED] MEAS. 9 0 ° 0 ' 5 1 " M E A S . [9 0 ° D E E D ] MEAS.[260 DEED]LINE PARALLEL WITH THE EAST LINEOF GOVERNMENT LOT 4, SEC. 28,TWP. 118, RNG. 21 AREA = 29526 SFDRAINAGE, UTILITY AND SANITARY SEWEREASEMENT PER DOC. NO. 3395406151550.030.044.011.0 6.019.0COVEREDPORCH895.55.1%GARAGEPROPOSED 2 STORYTOWNHOUSETOP OF FOUNDATION = 895.850.030.044.011.0 6.019.0COVEREDPORCH896.24.7%GARAGEPROPOSED 2 STORYTOWNHOUSETOP OF FOUNDATION = 896.550.030.044.011.0 6.019.0COVEREDPORCH896.24.0%GARAGEPROPOSED 2 STORYTOWNHOUSETOP OF FOUNDATION = 896.550.030.044.011.0 6.019.0 AREA = 15458 SFAREA = 14068 SF107.29107.09107.00 56.18 894 892 896896894892892 894 896892894 890894892890888886884886888896 896896894896 898 894892896.0896.0885.8x890896894892 895.5PROPOSED 2 STORYTOWNHOUSETOP OF FOUNDATION = 895.8895.3895.3894.6x894894894894894 (RIGHT OF WAY WIDTH VARIES)[90.3 DEED] MEAS.EXCEPTION2020 (RIGHT OF WAY WIDTH VARIES)N89°52'02"W 140.5221.3 36.525.755.819.7 36.635.027.828.619.625.721.3 40.9PROPOSEDCONC. WALKPROPOSEDCONC. WALKPROPOSEDCONC. WALKPROPOSEDCONC. WALKIIIII1BLOCK 12NORTHNO SCALEPROJECT NO.FILE NAMEIF THE SIGNATURE, SEAL OR FOUR LINES DIRECTLY ABOVE ARE NOTVISIBLE, THIS SHEET HAS BEEN REPRODUCED BEYOND INTENDEDREADABILITY AND IS NO LONGER A VALID DOCUMENT. PLEASE CONTACTTHE SURVEYOR TO REQUEST ADDITIONAL DOCUMENTS.PROJECTCERTIFICATIONLandform®and Site to Finish®are registered service marks of Landform Professional Services, LLC.DATEISSUE / REVISIONREVIEWCONTACT SURVEYOR FOR ANY PRIOR HISTORYISSUE / REVISION HISTORYCITY OF GOLDENVALLEYHOPE FIFTHADDITIONGOLDEN VALLEY, MINNESOTACGV24026PRELIMINARYPLATPRE CGV026 1161 LILAC.dwgPROPERTY ADDRESSIRON MONUMENT FOUNDRESTRICTED ACCESSTREE DRIP LINE962EXISTING CONTOURBUILDING SETBACK LINEEXISTING DESCRIPTIONSITE SYMBOLS962.3962PROPOSED CONTOURPROPOSED SPOT ELEVATIONDRAINAGE DIRECTION1611 LILAC DR. N, GOLDEN VALLEY, MINNESOTAPROPERTY DESCRIPTIONAll of Tracts A and B described below:Tract A. That part of Government Lot 4, Section 28, Township 118 North, Range 21 West, Hennepin County,Minnesota, described as follows: Beginning at a point on the east line of said Government Lot 4, distant 142 feetsoutherly of the northeast corner thereof; thence run southerly along said east line for 90.3 feet to a point whichis 320 feet northerly of its intersection with the center line of the Minneapolis and Watertown Road (as locatedand established prior to January 1, 2000); thence run westerly at right angles to said east line for 260 feet;thence run northerly parallel with said east line for 90.3 feet; thence run easterly 260 feet to the point ofbeginning; lying westerly of the following described line: Commencing at Right of Way Boundary Corner B12 asshown on Minnesota Department of Transportation Right of Way Plat No. 27-105 as the same is on file and ofrecord in the office of the County Recorder in and for said County; thence easterly on an azimuth of 90 degrees07 minutes 58 seconds along the boundary of said plat for 101.83 feet to Right of Way Boundary Corner B11;thence continue on an azimuth of 90 degrees 07 minutes 58 seconds for 46.58 feet to the point of beginning ofthe line to be described; thence on an azimuth of 355 degrees 54 minutes 58 seconds for 214.55 feet and thereterminating;Tract B. That part of Government Lot 4 of Section 28, Township 118 North, Range 21 West, Hennepin County,Minnesota, described as follows: Beginning at the northeast corner of said Government Lot 4; thence runwesterly along the north line thereof for 247 feet; thence run southerly parallel with the east line of Auditor'sSubdivision No. 346 for 72 feet; thence run westerly along a line which if extended would intersect the east lineof Auditor's Subdivision No. 346 at a point 140 feet southerly of the northeast corner thereof for 11.8 feet, moreor less, to a point 260 feet westerly of the east line of said Government Lot 4; thence run southerly parallel withthe east line of said Government Lot 4 to a point which is 142 feet south of the north line of said Government Lot4; thence easterly parallel with the north line of said Government Lot 4 for 260 feet to the east line of saidGovernment Lot 4; thence northerly 142 feet to the point of beginning; lying southerly of a line run parallel withand distant 20 feet southerly of the north line of said Government Lot 4 and westerly of the following describedline: Commencing at Right of Way Boundary Corner B12 as shown on Minnesota Department of TransportationRight of Way Plat No. 27-105 as the same is on file and of record in the office of the County Recorder in and forsaid County; thence easterly on an azimuth of 90 degrees 07 minutes 58 seconds along the boundary of saidplat for 101.83 feet to Right of Way Boundary Corner B11; thence continue on an azimuth of 90 degrees 07minutes 58 seconds for 46.58 feet to the point of beginning of the line to be described; thence on an azimuth of355 degrees 54 minutes 58 seconds for 214.55 feet and there terminating.SURVEY NOTES1.Existing conditions shown per ALTA/NSPS Land Title Survey performed by Bolton & Menk dated2024-05-14, field work completed 2024-01-05. Job Number: 0N1.133076.2.Boundary Survey performed by Landform on 2025-03-13 expressly for this project.3.For the purposes of this survey, the bearing system is based on the Hennepin County coordinate system,NAD83 (2011 Adjustment).4.The surveyor does not guarantee, in writing or assumed, that the utilities as shown are in the exact location.No excavation was performed to locate the underground utilities.5.Elevations shown per MnTOPO LiDAR provided by MnGEO.I hereby certify that this survey, plan, or report was prepared byme or under my direct supervision and that I am a duly LicensedLand Surveyor under the laws of the state of Minnesota.Signature shown is a digital reproduction of original. Wet signedcopy of this plan on file at Landform Professional Services, LLCoffice and is available upon request.License No. 58896Date: 2025-03-28Jerrod Gustavus LeSavageNORTH02040CITY OF GOLDEN VALLEY, MINNESOTA7800 GOLDEN VALLEY ROAD, GOLDEN VALLEY, MN55427TOTAL = 29,526 SF (0.68 AC)PROPOSEDLOT 1, BLOCK 1 = 14,068 SF (0.32 AC)LOT 2, BLOCK 1= 15,458 SF (0.35 AC)EXISTING DESCRIPTIONSITE SYMBOLS (BY OTHERS)ARE SHOWN THUS:DRAINAGE AND UTILITY EASEMENTSBEING 10 FEET IN WIDTH AND ADJOINING LOTLINES AND RIGHT OF WAY LINES10(NOT TO SCALE)101010VICINITY MAPSITEGLENWOOD AVEHWY 100LILAC DR NGOLDEN VALLEY ROADSWEENEYLAKE TWINLAKEBENCHBUSHCATCH BASINHANDHOLEFIRE HYDRANTMANHOLE-SANITARY SEWERMANHOLE-STORM SEWERSIGN NON TRAFFICELECTRIC UNDERGROUND (PER PLANS)GAS UNDERGROUNDCOMMUNICATION UNDERGROUND (FIELD MARKED)FIBER UNDERGROUND (FIELD MARKED)WATER SYSTEMSTORM SEWERSANITARY SEWERDSCCE-DFFGGWFENCEXXXXCONCRETE CURB & GUTTERRETAINING WALLC-DCOMMUNICATION UNDERGROUND (PER PLANS)F-DFIBER UNDERGROUND (PER PLANS)llllWATER SERVICESIGN TRAFFICVALVEPOLE-UTILITYGUY WIRE ANCHORMANHOLE-WATERLIGHT-GROUNDOUOVERHEAD UTILITYUTILITY MARKER-FIBERG-DGAS UNDERGROUND (PER PLANS)>>>>SANITARY SEWER SERVICEEXISTING DESCRIPTIONMNDOT ROW MONUMENT FOUNDMAG NAIL FOUNDBNSF RAILROADLINDSAY STTHOTLAND RDLILAC DR NDOUGLAS DR NDEVELOPERSAINT CROIX AVE NDULUTH STREGENT AVE ND R A F TAREASZONING & SETBACKSEXISTING ZONING: ROWPROPOSED ZONING: R-2MINIMUM WIDTH AT FRONT SETBACK =100 FTMINIMUM AREA =10,000 SFMAXIMUM LOT COVERAGE= 30%MAXIMUM IMPERVIOUS AREA= 50%R-2 SETBACKS:FRONT= 35 FEETCORNER= 35 FEETSIDE= 15 FEET MINIMUM (VARIES WITH BUILDING HEIGHT)REAR= 25 FEETOVERALL LOT COVERAGELOT 1LOT 2TOTAL LOT AREA = 14,068 SF 15,458 SFBUILDABLE AREA = 4,689 SF 5,152 SFPROPOSED BUILDING AREA = 3,000 SF 3,000 SFPROPOSED LOT COVERAGE =21.3% 19.4%PROPOSED IMPERVIOUS SURFACE CALCULATIONS (LOT 1)TOTAL AREA =14068S.F.PROPOSED TWINHOME3000S.F.PROPOSED DRIVEWAYS1094S.F.PROPOSED CONC. WALKS68S.F.TOTAL IMPERVIOUS SURFACE4162S.F.MAXIMUM IMPERVIOUS SURFACE50.0%PROPOSED IMPERVIOUS SURFACE29.6%PROPOSED IMPERVIOUS SURFACE CALCULATIONS (LOT 2)TOTAL AREA =15458S.F.PROPOSED TWINHOME3000S.F.PROPOSED DRIVEWAYS1127S.F.PROPOSED CONC. WALKS68S.F.TOTAL IMPERVIOUS SURFACE4195S.F.MAXIMUM IMPERVIOUS SURFACE50.0%PROPOSED IMPERVIOUS SURFACE27.1%IIIIPROPOSED WATER SERVICE100 ORDINANCE NO. 796 AN ORDINANCE AMENDING THE CITY CODE CHAPTER 113 AMENDING THE ZONING MAP AND REZONING PROPERTY AT 1611 LILAC DRIVE NORTH CITY OF GOLDEN VALLEY HOUSING AND REDEVELOPMENT AUTHORITY (HRA), APPLICANT The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 113 entitled “Zoning” is amended in Section 113-55 Subd. (b) by changing the zoning designation of the property at 1611 Lilac Drive North from R-1 (single family residential) to R-2 (moderate density residential). Section 2. The tracts of land affected by this ordinance are legally described as: All of Tracts A and B described below: Tract A. That part of Government Lot 4, Section 28, Township 118 North, Range 21 West, Hennepin County, Minnesota, described as follows: Beginning at a point on the east line of said Government Lot 4, distant 142 feet southerly of the northeast corner thereof; thence run southerly along said east line for 90.3 feet to a point which is 320 feet northerly of its intersection with the center line of the Minneapolis and Watertown Road (as located and established prior to January 1, 2000); thence run westerly at right angles to said east line for 260 feet; thence run northerly parallel with said east line for 90.3 feet; thence run easterly 260 feet to the point of beginning; lying westerly of the following described line: Commencing at Right of Way Boundary Corner B12 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-105 as the same is on file and of record in the office of the County Recorder in and for said County; thence easterly on an azimuth of 90 degrees 07 minutes 58 seconds along the boundary of said plat for 101.83 feet to Right of Way Boundary Corner B11; thence continue on an azimuth of 90 degrees 07 minutes 58 seconds for 46.58 feet to the point of beginning of the line to be described; thence on an azimuth of 355 degrees 54 minutes 58 seconds for 214.55 feet and there terminating; Tract B. That part of Government Lot 4 of Section 28, Township 118 North, Range 21 West, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of said Government Lot 4; thence run westerly along the north line thereof for 247 feet; thence run southerly parallel with the east line of Auditor's Subdivision No. 346 for 72 feet; thence run westerly along a line which if extended would intersect the east line of Auditor's Subdivision No. 346 at a point 140 feet southerly of the northeast corner thereof for 11.8 feet, more or less, to a point 260 feet westerly of the east line of said Government Lot 4; thence run southerly parallel with the east line of said Government Lot 4 to a point which is 142 feet south of the north line of said Government Lot 4; thence easterly parallel with the north line of said Government Lot 4 for 260 feet to the east line of said Government Lot 4; thence northerly 142 feet to the point of beginning; lying southerly of a line run parallel with and distant 20 feet southerly of the north line of said Government Lot 4 and westerly of the 101 Ordinance No. 796 -2-May 6, 2025 following described line: Commencing at Right of Way Boundary Corner B12 as shown on Minnesota Department of Transportation Right of Way Plat No. 27- 105 as the same is on file and of record in the office of the County Recorder in and for said County; thence easterly on an azimuth of 90 degrees 07 minutes 58 seconds along the boundary of said plat for 101.83 feet to Right of Way Boundary Corner B11; thence continue on an azimuth of 90 degrees 07 minutes 58 seconds for 46.58 feet to the point of beginning of the line to be described; thence on an azimuth of 355 degrees 54 minutes 58 seconds for 214.55 feet and there terminating. Section 3. This ordinance shall take effect form and after its passage and publication as required by law. Adopted by the City Council this 6th day of May, 2025. _____________________ Roslyn Harmon, Mayor ATTEST: ________________________ Theresa J. Schyma, City Clerk 102 RESOLUTION NO. 25-033 RESOLUTION FOR APPROVAL OF PRELIMINARY PLAT FOR HOPE FIFTH ADDITION WHEREAS, the City of Golden Valley Housing and Redevelopment Authority (HRA), Applicant, has requested approval of a preliminary plat for “Hope Fifth Addition” covering the following described tracts of land: All of Tracts A and B described below: Tract A. That part of Government Lot 4, Section 28, Township 118 North, Range 21 West, Hennepin County, Minnesota, described as follows: Beginning at a point on the east line of said Government Lot 4, distant 142 feet southerly of the northeast corner thereof; thence run southerly along said east line for 90.3 feet to a point which is 320 feet northerly of its intersection with the center line of the Minneapolis and Watertown Road (as located and established prior to January 1, 2000); thence run westerly at right angles to said east line for 260 feet; thence run northerly parallel with said east line for 90.3 feet; thence run easterly 260 feet to the point of beginning; lying westerly of the following described line: Commencing at Right of Way Boundary Corner B12 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-105 as the same is on file and of record in the office of the County Recorder in and for said County; thence easterly on an azimuth of 90 degrees 07 minutes 58 seconds along the boundary of said plat for 101.83 feet to Right of Way Boundary Corner B11; thence continue on an azimuth of 90 degrees 07 minutes 58 seconds for 46.58 feet to the point of beginning of the line to be described; thence on an azimuth of 355 degrees 54 minutes 58 seconds for 214.55 feet and there terminating; Tract B. That part of Government Lot 4 of Section 28, Township 118 North, Range 21 West, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of said Government Lot 4; thence run westerly along the north line thereof for 247 feet; thence run southerly parallel with the east line of Auditor's Subdivision No. 346 for 72 feet; thence run westerly along a line which if extended would intersect the east line of Auditor's Subdivision No. 346 at a point 140 feet southerly of the northeast corner thereof for 11.8 feet, more or less, to a point 260 feet westerly of the east line of said Government Lot 4; thence run southerly parallel with the east line of said Government Lot 4 to a point which is 142 feet south of the north line of said Government Lot 4; thence easterly parallel with the north line of said Government Lot 4 for 260 feet to the east line of said Government Lot 4; thence northerly 142 feet to the point of beginning; lying southerly of a line run parallel with and distant 20 feet southerly of the north line of said Government Lot 4 and westerly of the following described line: Commencing at Right of Way Boundary Corner B12 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-105 as the same is on file and of record in the office of the County Recorder in and for said County; thence easterly on an azimuth of 90 degrees 07 minutes 58 seconds along the 103 boundary of said plat for 101.83 feet to Right of Way Boundary Corner B11; thence continue on an azimuth of 90 degrees 07 minutes 58 seconds for 46.58 feet to the point of beginning of the line to be described; thence on an azimuth of 355 degrees 54 minutes 58 seconds for 214.55 feet and there terminating. WHEREAS, the Planning Commission has reviewed the plan at a duly called Public Hearing, and; WHEREAS, all persons present were given the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Golden Valley hereby approves the request for preliminary plat, subject to the following conditions: 1. The impervious surface calculations and building coverage must be provided with the building permit to show compliance with ordinance standards. 2. The plans must comply with engineering comments, as applicable. 3.If City Staff finds no prior park dedication has been paid or no credit can be found for park dedication on this lot or any portion of this lot, a park dedication fee equal to 6% of the value of any portion of the lot upon which a fee has not previously been or credited paid shall be paid prior to the release of the final plat. 4.All title issues shall be resolved to the satisfaction of the City Attorney. 5. Approval shall expire within one year of the date of approval unless the applicant has filed a complete application for approval of the final plat. Adopted by the City Council this 6th day of May, 2025. _____________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Resolution No. 25-033 -2-May 6, 2025 104 RESOLUTION NO. 25-034 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 796 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. 796 AN ORDINANCE AMENDING THE CITY CODE CHAPTER 113 AMENDING THE ZONING MAP AND REZONING PROPERTY AT 1611 LILAC DRIVE CITY OF GOLDEN VALLEY HOUSING AND REDEVELOPMENT AUTHORITY (HRA), APPLICANT This is a summary of the provisions of Ordinance No. 796 which has been approved for publication by the City Council. At the May 6, 2025 City Council meeting, the Golden Valley City Council enacted Ordinance No. 796 amending City Code, Chapter 113-55(b) to change the zoning designation of the property at 1611 Lilac Drive North from R-1 (single family residential) to R-2 (moderate family residential). 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-andProposed-Ordinances. Passed by the City Council of the City of Golden Valley, Minnesota on May 6, 2025. ____________________________ Roslyn Harmon, Mayor Attested: ____________________ Theresa Schyma, City Clerk 105 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 6, 2025 Agenda Item 3G. Adopt Resolution Nos. 25-035, 25-036, 25-037, and Ordinance No. 797 Approving Comprehensive Plan Amendment, Rezoning, Preliminary Plat, and Summary Ordinance for 1211 Lilac Drive Prepared By Jacquelyn Kramer, Senior Planner Summary The City of Golden Valley Housing and Redevelopment Authority (HRA) seeks City Council approval for the following changes for the property at 1211 Lilac Drive North: 1. Comprehensive plan amendment reguiding the property from Right-of-Way to Low Density Residential 2. Rezone the property to R-2 Moderate Family Residential 3. Preliminary plat for Hope Third Addition The proposed changes would allow the construction of two sets of twinhomes on the property. Financial or Budget Considerations The City acquired this property in 2016 from the Minnesota Department of Transportation (MnDOT) as a right-of-way turnback. Legal Considerations The developer of this property will enter into a development agreement with the HRA before closing on the property. This agreement will be drafted by the City Attorney and will include a provision guaranteeing the home stays affordable for a set period of time. Staff has proposed a 99-year affordability period in the draft agreement, which will be brought to the HRA for final approval at a later time. Equity Considerations Identified in the 2040 Comprehensive Plan’s Housing Chapter, preserving a measure of affordability in the owner-occupied housing market is an important asset to housing market stability and the community’s overall livability. Additionally, Minnesota, including Golden Valley, has one of the worst racial disparities in homeownership in the nation. HOPE prioritizes organizations that have demonstrated success in building relationships of trust with Black, Indigenous, and people of color (BIPOC) communities. 106 Recommended Action Motion to adopt Resolution Nos. 25-035, 25-036, 25-037, and Ordinance No. 797 approving comprehensive plan amendment, rezoning, preliminary plat, and summary ordinance for publication for 1211 Lilac Drive based on the findings in the staff report. Supporting Documents Staff Report - 1211 Lilac Drive Ordinance No. 797 - Zoning Map Amendment - 1211 Lilac Drive Resolution No. 25-035 - Comprehensive Plan Amendment - 1211 Lilac Drive Resolution No. 25-036 - Preliminary Plat - 1211 Lilac Drive Resolution No. 25-037 - Summary Publication of Ordinance No. 797 - 1211 Lilac Drive 107 Date: April 28, 2025 To: Golden Valley City Council From: Kendra Lindahl, Consulting Planner Subject: Comprehensive Plan Amendment, Rezoning, and Preliminary Plat for 1211 Lilac Drive North SUMMARY The City acquired land at 1211 Lilac Dr from the Minnesota Department of Transportation (MnDOT). This was land that was no longer needed by MnDOT. The City is now proposing to designate the property as Low Density Residential on the Future Land Use Plan, zone the property Moderate Density Residential (R-2) and plat two lots to allow for development of two-family homes (four units in total). MEETING DATE(S) Neighborhood Meeting: March 31, 2025 Planning & Zoning Commission: April 14, 2025 City Council: May 6, 2025 PROJECT INFORMATION Applicant: City of Golden Valley Property owner: (Same) Lot size: 0.76 acres Future land use designation: Right-of-Way Zoning district: Not zoned Existing use: Vacant Proposed use: Two-family Home Adjacent land use, zoning and uses: Guided Low Density Residential, zoned R-1 (Single Family Detached) and developed with single family homes to the north, south and west. Guided Low Density Residential and Institutional, zoned R-1 (Single Family Detached) and Institutional and developed with single family homes Figure 1 - Aerial Location Map 108 and a church to the east (across Lilac Drive and Highway 100). PLANNING COMMISSION REVIEW The Planning Commission held a public hearing on April 14th to review this item. There were a number of residents present to speak on this item both in support and in opposition to the project. Staff noted that this project is part of the Home Ownership Program for Equity (HOPE) program. HOPE provides owner-occupied housing for those earning 60-80% of the Area Median Income (AMI). A household earning 80% AMI equals $99,400 per year, while a 60% AMI household earns $74,600. The Planning Commission voted 6-1 (Cohen nay) to recommend approval of the comprehensive plan amendment. The Planning Commission voted 6-0 to recommend approval of the rezoning from right-of-way to R-2 and to recommend approval of the preliminary plat. PLANNING ANALYSIS Level of Discretion in Decision Making The City has a relatively high level of discretion in approving or denying a comprehensive plan amendment. The Comprehensive Use Plan is the City’s long-range planning tool that indicates what type of development should occur on all land within the City. In other words, it is the City’s plan for how it wants to direct future development and growth. The City Council may guide property as it deems necessary to protect and promote the general health, safety and welfare of the community. The City has a relatively high level of discretion in approving or denying a rezoning application. The proposed zoning for a property must be consistent with the City’s Comprehensive Plan. If the proposed zoning is not consistent with the Comprehensive Plan, the City must deny the rezoning application. The Zoning Ordinance and Map are the enforcement tools used to implement the goals and standards set in the Comprehensive Plan. The City’s discretion in approving a preliminary plat is limited to whether the proposed plat meets the standards outlined in the City’s subdivision and zoning ordinance and the conditions of preliminary plat approval. If it meets these standards, the City must approve the plat. Comprehensive Plan Amendment The City is requesting that the property be reclassified from right-of-way to Low Density Residential now that the land has transferred from MNDOT to the City of Golden Valley. The reclassification is required for the land to be developed. 109 Figure 2 - Existing and Proposed Land Use The Comprehensive Plan is a living document and when the City finds evidence to support a change to the plan, the City Council has the discretion to make a change. The City should consider the following issues when reviewing a comprehensive plan amendment request: •Evidence submitted by the applicant demonstrating the reason(s) that the plan should be changed, including, but not limited to, whether new information has become available since the Comprehensive Plan was adopted that supports re-examination of the plan, or that existing or proposed development offers new opportunities or constraints that were not previously considered by the plan. •Whether or not the change is needed to allow reasonable development of the site. •The relationship of the proposed amendment to the supply and demand for particular land uses within the city and the immediate vicinity of the site. •A demonstration by the applicant that the proposed amendment has merit beyond the interests of the proponent. •The possible impacts of the amendment on all specific elements of the Comprehensive Plan as may be applicable, including, but not limited to: o Transportation o Sanitary sewer, including existing and proposed sanitary sewer flows as compared to the adopted plan; o Housing, including the extent to which the proposal contributes to the City’s adopted housing goals; o Surface water, including compliance with the City’s goals for water quality as well as water quantity management; o Water supply; o Parks and open space; and •Consideration of the impact of the proposed amendment upon current and future special assessments and utility area charges, future property tax assessments or other fiscal impacts upon the City. This is a policy decision for the City Council. The City should evaluate all of these issues when considering the decision. Staff recommends approval of the amendment as the land is no longer public right-of-way and must be classified on the Comprehensive Plan. Low Density 110 Residential is consistent with the surrounding land uses. Zoning Map Amendment The City is requesting that this 0.76-acre parcel be rezoned from right-of-way to R-2 (moderate density residential) to allow for construction of two two-family homes. The land is no longer MNDOT right-of-way and must be rezoned to be to allow development of the site. The R-1 and R-2 zoning districts are both compatible with the Low Density Residential land use. Figure 3 - Existing and Proposed Zoning The Low Density Residential classification is intended by the Comprehensive Plan to provide opportunities for up to five homes per gross acre. The Plan says “This category includes primarily single-family detached units but may include single-family and two-family attached units in scattered locations as appropriate. This land use should be surrounded by other land uses with minimal impacts, such as institutional and open space.” The City Code describes the R-2 district as follows: The purpose of the Moderate Density Residential (R-2) Zoning District is to provide for single-family, two-family, and rowhouse dwellings at a moderate density (up to eight units per acre) along with directly related and complementary uses. State law requires the zoning district to be compatible with the land use designation. The R-2 zoning district is compatible with the Low Density Residential designation. The City Code provides no specific standards for approval of a zoning map amendment, but all amendments must comply with the Zoning Ordinance purpose statement in Section 113-2, which states “The purpose of this chapter is to regulate land use within the City, including the location, size, use, and height of buildings, the arrangement of buildings on lots, and the density of population within the City for the purpose of promoting the health, safety, order, convenience, and general welfare of all citizens of the City.” 111 Subdivision The land is proposed to be platted as two parcels for development. Each lot is planned to be developed with a two-family home. The Zoning Ordinance defines single and two-family dwellings as follows: Single-Family Dwelling is a building designed for or occupied by one family and containing one dwelling unit. Two-Family Dwelling is a building designed for or occupied by two families and containing two dwelling units. The term two-family home includes both duplexes and twinhomes. A duplex is a building containing two separate dwelling units on one lot. A twinhome is a building containing two separate dwelling units but each unit is constructed as a separate building (under the building code definition) and are on separate lots. The City does not have a builder selected to build twinhomes on this lot. The plat shows the footprint of homes showing compliance with all ordinance requirements. When the City selects a builder, they will need to provide floor plans and ensure compliance with the ordinance standards. The concept plan shows that the lots would exceed the dimensional requirements for the R-2 district as shown in the table below: R-2 Standards Lot 1 Lot 2 Lot Size 10,000 sq. ft. 13,890 sq. ft. 12,064 sq. ft. Lot Width (measured at setback) 100 ft. 102.4 ft. 100.5 ft. Front Setback 35 ft. 35 ft. 35.1 ft. Side Setback 15 ft. (varies) 20 ft. 20 ft. Rear Setback 25 ft. 46 ft. 32.3 ft. Maximum Impervious 50% 31% 34.5% Coverage Maximum 30% 21.6% 24.9% The City’s ordinance requires a three-step process to approve a twinhome lot: 1.Approval of a preliminary plat to create a single lot that complies with the R-2 standards 2.Approval of a final plat to create a single lot that complies with the R-2 standards and 3.Approval of a minor subdivision for a Residential Zero Lot Line Home. At this time, the City has not selected a builder for this parcel. Approval of the preliminary plat and final plat would create two lots. If the City finds a twinhome builder for the parcels, the City would apply for a final plat and minor subdivision to create four lots for the twinhome units. That is not part of the current application. PUBLIC NOTIFICATIONS To comply with State law and the City’s public hearing notice requirements, notices were 112 mailed to property owners within 500 feet of the site. In addition, a notice was published in the Sun Post Newspaper. At the time of this staff report, no comments were received from adjacent property owners except those provided at the open house on March 31, 2025. Neighbors were generally concerned about a two-family home on the property. STAFF FINDINGS Staff recommends approval of the request based on the finding and conditions in the staff report. In order to provide support for the recommendation below, staff is offering the following findings of fact related to reguiding (land use designation): 1.The map should be changed because the property is no longer public right-of-way. 2.The Low Density Residential designation is consistent with the land use designation on surrounding properties. 3.The change will allow the landowner to develop the property consistent with the Low Density Residential designation. 4.There is adequate infrastructure to support development consistent with the Low Density Residential designation. 5.The change will allow the City of Golden Valley to offer the site for affordable housing under the City’s HOPE program. In order to provide support for the recommendation below, staff is offering the following findings of fact related to the rezoning: 1.State law requires the property zoning to be consistent with the land use designation. The R-1 and R-2 zoning districts are compatible with the Low Density Residential designation. 2.Rezoning the property to R-2 allows redevelopment of the site with two-family homes, as part of the City’s HOPE program. The HOPE program is a program to provide new affordable housing in the City. In order to provide support for the recommendation below, staff is offering the following findings of fact related to subdivision: 1.The impervious surface calculations and building coverage must be provided with the building permit to show compliance with ordinance standards. 2.The plans must comply with engineering comments, as applicable. 3.If the City Attorney finds no prior park dedication has been paid or no credit can be found for park dedication on this lot, a park dedication fee equal to 6% of the land value shall be paid prior to the release of the final plat. 4.The City Attorney will complete the title review prior to approval of the final plat. NEXT STEPS The Subdivision Ordinance (Chapter 109) prohibits concurrent review of the preliminary plat and final plat. Following approval of the rezoning and preliminary plat, staff would prepare the 113 final plat for City Council approval. The final plat and minor subdivision will be scheduled for City Council action at a future City Council meeting. REQUESTED ACTION Move approval of the following as recommended by the Planning Commission: 1.Amendment to the Future Land Use Map, changing the guided land use from right-of- way to Low Density Residential; and 2.Rezoning the property to R-2; and 3.Preliminary Plat and Final Plat for Hope Third Addition. ATTACHED EXHIBITS A.Location Map (Exhibit A) B.Existing Land Use Map (Exhibit B) C.Proposed Land Use Map(Exhibit C) D.Existing Zoning Map (Exhibit D) E.Proposed Zoning Map (Exhibit E) F.Preliminary Plat (Exhibit F) G.Resolution approving land use guide plan amendment (Exhibit G) H.Ordinance approving rezoning (Exhibit H) I.Resolution approving Preliminary Plat for Hope Third Addition (Exhibit I) STAFF CONTACT INFORMATION Prepared by: Kendra Lindahl, AICP Consulting Planner, klindahl@landform.net Reviewed by: Chloe McGuire, AICP, Deputy Community Development Director, cmcguire@goldenvalleymn.gov 114 115 116 117 118 119 COVEREDPORCH GARAGE30.0 50.019.06.011.044.0COVEREDPORCH GARAGE30.0 50.019.06.011.044.0COVEREDPORCH GARAGE30.0 50.019.06.011.044.0COVEREDPORCH GARAGE30.0 50.019.06.011.044.0FOUND RIGHT OF WAYMONUMENT B42FOUND RIGHT OF WAYMONUMENT B43FOUND RIGHT OF WAYMONUMENT B10502FOUND RIGHT OF WAYMONUMENT B10501LINE 1NORTHWEST CORNER OF SECTION 19,TOWNSHIP 29N, RANGE 24W269°45'11"S89°45'11"W 79.92POINT OF BEGINNING LINE 1NOT TANGENTAZ=012 ° 1 1 ' 4 3 "NOT TANGENTL=97.59 R=350.00Δ=15°58'33"C.BRG=N08°21'09"EAZ=008°21' 0 9 "83.0370.00100.03 100.03 151.9335.87NORTHEAST CORNER OF SECTION 33,TOWNSHIP 118N, RANGE 21WS00°08'49"W 295.36 EAST LINE OF SECTION 33 NORTH LINE OF SECTION 33LILAC DRIVE N O R T H (RIGHT OF WAY WIDTH VARIES) (RIGHT OF W A Y W I D T H V A R I E S )555DRAINAGE AND UTILITYEASEMENT PER DOC. NO. 2964941BLOCK 1DDG G G G G G G G G G G G G G G G G GXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXVINYLFENCESILT FENCEBOULDERRET WALLWOODFENCEWOODEDSTRUCTURER/W MARKERBIT BIT BIT CON CON CON S S S S S S S SSSS CHAINLINKFENCELIP OF CURB BACK OF CUR BWWW W W W W W W Wllll>>>lll>>>llll>>E-DE-DE-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D CENTERPOINT2 IN. PLASTIC NO PARKIN G XCEL o o o o o ooooooBARBED WIRE FENCE CHAIN LINK FENCE OWNER: PATRICIA A MATTSON TRUSTPID: 3311821210013OWNER: PAMELA J WANDZELPID: 3311821210003OWNER: R THOMPSON & B THOMPSONPID: 3311821210004OWNER: JAY U IPSEN ETALPID: 3311821210005OWNER: A E HOFFMAN & S E ROGERSPID: 3311821210006OWNER: C C TWEEDY & R T JOHNSONPID: 3311821210008ooSDDG G G G G G G G G G G G G G G G G GXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXVINYLFENCESILT FENCEBOULDERRET WALLWOODFENCEWOODEDSTRUCTURER/W MARKERBIT BIT BIT CON CON CON S S S S S S S SSSS CHAINLINKFENCELIP OF CURB BACK OF CUR BWWW W W W W W W Wllll>>>lll>>>llll>>E-DE-DE-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D CENTERPOINT2 IN. PLASTIC NO PARKIN G XCEL o o o o o ooooooBARBED WIRE FENCE CHAIN LINK FENCE OWNER: PATRICIA A MATTSON TRUSTPID: 3311821210013OWNER: PAMELA J WANDZELPID: 3311821210003OWNER: R THOMPSON & B THOMPSONPID: 3311821210004OWNER: JAY U IPSEN ETALPID: 3311821210005OWNER: A E HOFFMAN & S E ROGERSPID: 3311821210006OWNER: C C TWEEDY & R T JOHNSONPID: 3311821210008ooSAZ=000°16'03" Δ Δ46.2 54.3 102.4118.0(RIGHT OF W A Y W I D T H V A R I E S )35872874876878880882884886888890892894896898874876878880882884886888890892894 896 874876878880882884886888890 892894235.020.0 46.020.020.035.120.0 32.335.0PROPOSED 2 STORY WOTWINHOMETOP OF FOUNDATION = TBDPROPOSED 2 STORY WOTWINHOMETOP OF FOUNDATION = TBDPROPOSEDCONC. WALKPROPOSEDCONC. WALKPROPOSEDCONC. WALKPROPOSEDCONC. WALK>>>IIII>>>IIIIPROJECT NO.FILE NAMELANDFORM 2025c IF THE SIGNATURE, SEAL OR FOUR LINES DIRECTLY ABOVE ARE NOTVISIBLE, THIS SHEET HAS BEEN REPRODUCED BEYOND INTENDEDREADABILITY AND IS NO LONGER A VALID DOCUMENT. PLEASE CONTACTTHE SURVEYOR TO REQUEST ADDITIONAL DOCUMENTS.PROJECTCERTIFICATIONLandform®and Site to Finish®are registered service marks of Landform Professional Services, LLC.DATEISSUE / REVISIONREVIEWCONTACT SURVEYOR FOR ANY PRIOR HISTORYISSUE / REVISION HISTORYCITY OF GOLDENVALLEYHOPE THIRDADDITIONGOLDEN VALLEY, MINNESOTACGV24026PRELIMINARYPLATPRECGV026 1211 LILAC.dwgPROPERTY ADDRESSIRON MONUMENT FOUNDRESTRICTED ACCESSTREE DRIP LINE962EXISTING CONTOURBUILDING SETBACK LINEEXISTINGDESCRIPTIONSITE SYMBOLS962.3962PROPOSED CONTOURPROPOSED SPOT ELEVATIONDRAINAGE DIRECTION1211 LILAC DR. N, GOLDEN VALLEY, MINNESOTAPROPERTY DESCRIPTIONThat part of Tract A described below:Tract ALot 15, Block 1, Hipp's Addition, according to the plat thereof on file and of record in the office of the CountyRecorder in and for Hennepin County, Minnesota; the title thereto being registered; which lies westerly of Line 1described below:Line 1. Commencing at the Northwest corner of Section 19, Township 29 North, Range 24 West, as shown onMinnesota Department of Transportation Right of Way Plat No. 27-104 as the same is on file and of record in theoffice of the County Recorder in and for Hennepin County, Minnesota; thence westerly on an azimuth of 269degrees 45 minutes 11 seconds along the boundary of said plat for 79.92 feet to the point of beginning of Line 1to be described; thence on an azimuth of 00 degrees 16 minutes 03 seconds for 42.25 feet; thence northerly for151.93 feet on a non-tangential curve, concave to the east, having a radius of 1050.00 feet, a delta angle of 08degrees 17 minutes 26 seconds and a chord azimuth of 12 degrees 11 minutes 43 seconds and thereterminating. Being Registered land as is evidenced by Certificate of Title No. 1440930.ANDThat part of Tract A described below:Tract A. Lot 16, Block 1, Hipp's Addition, according to the plat thereof on file and of record in theoffice of the County Recorder in and for Hennepin County, Minnesota; which lies westerly of Line 1 describedbelow:Line 1. Commencing at the northwest corner of Section 19, Township 29 North, Range 24 West, as shown onMinnesota Department of Transportation Right of Way Plat No. 27-104 as the same is on file and of record in theoffice of the County Recorder in and for Hennepin County, Minnesota; thence westerly on an azimuth of 269degrees 45 minutes 11 seconds along the boundary of said plat for 79.92 feet to the point of beginning of Line 1to be described ; thence on an azimuth of 00 degrees 16 minutes 03 seconds for 42.25 feet; thence northerly for151.93 feet on a non-tangential curve, concave to the east, having a radius of 1050.00 feet, a delta angle of 08degrees 17 minutes 26 seconds and a chord azimuth of 12 degrees 11 minutes 43 seconds; thence northerly for97.59 feet on a non-tangential curve, concave to the west, having a radius of 350.00 feet, a delta angle of 15degrees 58 minutes 33 seconds, and a chord azimuth of 08 degrees 21 minutes 09 seconds and thereterminating. Being Registered land as is evidenced by Certificate of Title No. 1440932.SURVEY NOTES1. Existing conditions shown per ALTA/NSPS Land Title Survey performed by Bolton & Menk dated2024-06-07, field work completed 2024-01-05. Job Number: 0N1.133076.2. Boundary Survey performed by Landform on 2025-02-27 expressly for this project.3. For the purposes of this survey, the bearing system is based on the Hennepin County coordinate system,NAD83 (2011 Adjustment).4. The surveyor does not guarantee, in writing or assumed, that the utilities as shown are in the exact location.No excavation was performed to locate the underground utilities.5. Elevations shown per MnTOPO LiDAR provided by MnGEO.I hereby certify that this survey, plan, or report was prepared byme or under my direct supervision and that I am a duly LicensedLand Surveyor under the laws of the state of Minnesota.Signature shown is a digital reproduction of original. Wet signedcopy of this plan on file at Landform Professional Services, LLCoffice and is available upon request.License No. 58896 Date: 2025-03-28Jerrod Gustavus LeSavageCITY OF GOLDEN VALLEY, MINNESOTA7800 GOLDEN VALLEY ROAD, GOLDEN VALLEY, MN55427TOTAL = 33,036 SF (0.76 AC)PROPOSEDLOT 1, BLOCK 1 = 13,890 SF (0.32 AC)LOT 2, BLOCK 1 = 12,064 SF (0.28 AC)LILAC DRIVE N = 7,083 SF (0.16 AC)EXISTING DESCRIPTIONSITE SYMBOLS (BY OTHERS)ARE SHOWN THUS:DRAINAGE AND UTILITY EASEMENTSBEING 10 FEET IN WIDTH AND ADJOINING LOTLINES AND RIGHT OF WAY LINES10(NOT TO SCALE)101010VICINITY MAPSITEGLENWOOD AVEHWY 100HWY 55LILAC DR NWOODSTOCK AVELILAC DR NBNSF RA ILROAD SWEENEYLAKE TWINLAKEBENCHBUSHCATCH BASINHANDHOLEFIRE HYDRANTMANHOLE-SANITARY SEWERMANHOLE-STORM SEWERSIGN NON TRAFFICELECTRIC UNDERGROUND (PER PLANS)GAS UNDERGROUNDCOMMUNICATION UNDERGROUND (FIELD MARKED)FIBER UNDERGROUND (FIELD MARKED)WATER SYSTEMSTORM SEWERSANITARY SEWERDSCCE-DFFGGWFENCEX X X XCONCRETE CURB & GUTTERRETAINING WALLC-DCOMMUNICATION UNDERGROUND (PER PLANS)F-DFIBER UNDERGROUND (PER PLANS)l l l lWATER SERVICESIGN TRAFFICVALVEPOLE-UTILITYGUY WIRE ANCHORMANHOLE-WATERLIGHT-GROUNDOUOVERHEAD UTILITYUTILITY MARKER-FIBERG-DGAS UNDERGROUND (PER PLANS)> > > >SANITARY SEWER SERVICEEXISTINGDESCRIPTIONMNDOT ROW MONUMENT FOUNDMAG NAIL FOUNDDEVELOPERBNSF RAILROADLINDSAY STTHOTLAND RDFRONTAGE RDSERVICE RDLORING LNSERVICE RDLILAC DR NDOUGLAS DR NNORTHNO SCALENORTH0 20 40D R A F TAREASZONING & SETBACKSEXISTING ZONING: ROWPROPOSED ZONING: R-2MINIMUM WIDTH AT FRONT SETBACK =100 FTMINIMUM AREA =10,000 SFMAXIMUM LOT COVERAGE= 30%MAXIMUM IMPERVIOUS AREA= 50%R-2 SETBACKS:FRONT = 35 FEETCORNER = 35 FEETSIDE = 15 FEET MINIMUM (VARIES WITH BUILDING HEIGHT)REAR = 25 FEETOVERALL LOT COVERAGELOT 1 LOT 2TOTAL LOT AREA = 13,890 SF 12,064 SFBUILDABLE AREA = 4,167 SF 4,021 SFPROPOSED BUILDING AREA = 3,000 SF 3,000 SFPROPOSED LOT COVERAGE = 21.6% 24.9%PROPOSED IMPERVIOUS SURFACE CALCULATIONS (LOT 1)TOTAL AREA =13890 S.F.PROPOSED TWINHOME3000 S.F.PROPOSED DRIVEWAYS1250 S.F.PROPOSED CONC. WALKS68 S.F.TOTAL IMPERVIOUS SURFACE4318 S.F.MAXIMUM IMPERVIOUS SURFACE50.0%PROPOSED IMPERVIOUS SURFACE31.1%PROPOSED IMPERVIOUS SURFACE CALCULATIONS (LOT 2)TOTAL AREA =12064 S.F.PROPOSED TWINHOME3000 S.F.PROPOSED DRIVEWAYS1097 S.F.PROPOSED CONC. WALKS68 S.F.TOTAL IMPERVIOUS SURFACE4165 S.F.MAXIMUM IMPERVIOUS SURFACE50.0%PROPOSED IMPERVIOUS SURFACE 34.5%>>IIIIPROPOSED SEWER SERVICEPROPOSED WATER SERVICE120 ORDINANCE NO. 797 AN ORDINANCE AMENDING THE CITY CODE CHAPTER 113 AMENDING THE ZONING MAP AND REZONING PROPERTY AT 1211 LILAC DRIVE NORTH CITY OF GOLDEN VALLEY, APPLICANT The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 113 entitled “Zoning” is amended in Section 113-55 Subd. (b) by changing the zoning designation of the property at 1211 Lilac Drive North to R-2 (moderate density residential). Section 2. The tracts of land affected by this ordinance are legally described as: That part of Tract A described below: Tract A Lot 15, Block 1, Hipp's Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; the title thereto being registered; which lies westerly of Line 1 described below: Line 1. Commencing at the Northwest corner of Section 19, Township 29 North, Range 24 West, as shown on Minnesota Department of Transportation Right of Way Plat No. 27-104 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; thence westerly on an azimuth of 269 degrees 45 minutes 11 seconds along the boundary of said plat for 79.92 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 00 degrees 16 minutes 03 seconds for 42.25 feet; thence northerly for 151.93 feet on a non-tangential curve, concave to the east, having a radius of 1050.00 feet, a delta angle of 08 degrees 17 minutes 26 seconds and a chord azimuth of 12 degrees 11 minutes 43 seconds and there terminating. Being Registered land as is evidenced by Certificate of Title No. 1440930. AND That part of Tract A described below: Tract A. Lot 16, Block 1, Hipp's Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; which lies westerly of Line 1 described below: Line 1. Commencing at the northwest corner of Section 19, Township 29 North, Range 24 West, as shown on Minnesota Department of Transportation Right of Way Plat No. 27-104 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; thence westerly on an azimuth of 269 degrees 45 minutes 11 seconds along the boundary of said plat for 79.92 feet to the point of beginning of Line 1 to be described ; thence on an azimuth of 00 degrees 16 minutes 03 seconds for 42.25 feet; thence 121 Ordinance No. 797 -2-May 6, 2025 northerly for 151.93 feet on a non-tangential curve, concave to the east, having a radius of 1050.00 feet, a delta angle of 08 degrees 17 minutes 26 seconds and a chord azimuth of 12 degrees 11 minutes 43 seconds; thence northerly for 97.59 feet on a non-tangential curve, concave to the west, having a radius of 350.00 feet, a delta angle of 15 degrees 58 minutes 33 seconds, and a chord azimuth of 08 degrees 21 minutes 09 seconds and there terminating. Being Registered land as is evidenced by Certificate of Title No. 1440932. Section 3. This ordinance shall take effect form and after its passage and publication as required by law. Adopted by the City Council this 6th day of May, 2025. _____________________ Roslyn Harmon, Mayor ATTEST: ________________________ Theresa J. Schyma, City Clerk 122 RESOLUTION NO. 25-035 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN’S FUTURE LAND USE PLAN MAP DESIGNATING THE LAND AT 1211 LILAC DRIVE NORTH AS LOW DENSITY RESIDENTIAL WHEREAS, the City Council has met at the time and place specified in a notice duly published with respect to the subject matter hereof and has heard all interested persons, and it appearing in the interest of the public that the Future Land Use Plan Map as heretofore adopted and enacted by the City of Golden Valley be amended; and WHEREAS, the area affected is legally described as follows: That part of Tract A described below: Tract A Lot 15, Block 1, Hipp's Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; the title thereto being registered; which lies westerly of Line 1 described below: Line 1. Commencing at the Northwest corner of Section 19, Township 29 North, Range 24 West, as shown on Minnesota Department of Transportation Right of Way Plat No. 27-104 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; thence westerly on an azimuth of 269 degrees 45 minutes 11 seconds along the boundary of said plat for 79.92 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 00 degrees 16 minutes 03 seconds for 42.25 feet; thence northerly for 151.93 feet on a non- tangential curve, concave to the east, having a radius of 1050.00 feet, a delta angle of 08 degrees 17 minutes 26 seconds and a chord azimuth of 12 degrees 11 minutes 43 seconds and there terminating. Being Registered land as is evidenced by Certificate of Title No. 1440930. AND That part of Tract A described below: Tract A. Lot 16, Block 1, Hipp's Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; which lies westerly of Line 1 described below: Line 1. Commencing at the northwest corner of Section 19, Township 29 North, Range 24 West, as shown on Minnesota Department of Transportation Right of Way Plat No. 27-104 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; thence westerly on an azimuth of 269 degrees 45 minutes 11 seconds along the boundary of said plat for 79.92 feet to the point of beginning of Line 1 to be described ; thence on an azimuth of 00 degrees 16 minutes 03 seconds for 42.25 feet; thence northerly for 151.93 feet on a non-tangential curve, concave to the east, having a radius of 1050.00 feet, a delta 123 angle of 08 degrees 17 minutes 26 seconds and a chord azimuth of 12 degrees 11 minutes 43 seconds; thence northerly for 97.59 feet on a non-tangential curve, concave to the west, having a radius of 350.00 feet, a delta angle of 15 degrees 58 minutes 33 seconds, and a chord azimuth of 08 degrees 21 minutes 09 seconds and there terminating. Being Registered land as is evidenced by Certificate of Title No. 1440932. WHEREAS, the Planning Commission has reviewed the plan at a duly called Public Hearing, and; WHEREAS, all persons present were given the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that pursuant to the provision of Sec. 113-28 of the City Code for the City of Golden Valley, and subject to review and approval by the Metropolitan Council for conformity with regional systems plan as provided in state law, the Future Land Use Plan Map for the City of Golden Valley is hereby amended by designating the property at 1211 Lilac Drive North as Low Density Residential. Adopted by the City Council this 6th day of May, 2025. _____________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Resolution No. 25-035 -2-May 6, 2025 124 RESOLUTION NO. 25-036 RESOLUTION FOR APPROVAL OF PRELIMINARY PLAT FOR HOPE THIRD ADDITION WHEREAS, the City of Golden Valley, Applicant, has requested approval of a preliminary plat for “Hope Third Addition” covering the following described tracts of land: That part of Tract A described below: Tract A Lot 15, Block 1, Hipp's Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; the title thereto being registered; which lies westerly of Line 1 described below: Line 1. Commencing at the Northwest corner of Section 19, Township 29 North, Range 24 West, as shown on Minnesota Department of Transportation Right of Way Plat No. 27-104 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; thence westerly on an azimuth of 269 degrees 45 minutes 11 seconds along the boundary of said plat for 79.92 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 00 degrees 16 minutes 03 seconds for 42.25 feet; thence northerly for 151.93 feet on a non- tangential curve, concave to the east, having a radius of 1050.00 feet, a delta angle of 08 degrees 17 minutes 26 seconds and a chord azimuth of 12 degrees 11 minutes 43 seconds and there terminating. Being Registered land as is evidenced by Certificate of Title No. 1440930. AND That part of Tract A described below: Tract A. Lot 16, Block 1, Hipp's Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; which lies westerly of Line 1 described below: Line 1. Commencing at the northwest corner of Section 19, Township 29 North, Range 24 West, as shown on Minnesota Department of Transportation Right of Way Plat No. 27-104 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; thence westerly on an azimuth of 269 degrees 45 minutes 11 seconds along the boundary of said plat for 79.92 feet to the point of beginning of Line 1 to be described ; thence on an azimuth of 00 degrees 16 minutes 03 seconds for 42.25 feet; thence northerly for 151.93 feet on a non-tangential curve, concave to the east, having a radius of 1050.00 feet, a delta angle of 08 degrees 17 minutes 26 seconds and a chord azimuth of 12 degrees 11 minutes 43 seconds; thence northerly for 97.59 feet on a non-tangential curve, concave to the west, having a radius of 350.00 feet, a delta angle of 15 degrees 58 minutes 33 seconds, and a chord azimuth of 08 degrees 21 minutes 09 seconds and there terminating. Being Registered land as is evidenced by Certificate of Title No. 1440932. 125 WHEREAS, the Planning Commission has reviewed the plan at a duly called Public Hearing, and; WHEREAS, all persons present were given the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Golden Valley hereby approves the request for preliminary plat, subject to the following conditions: 1. The impervious surface calculations and building coverage must be provided with the building permit to show compliance with ordinance standards. 2. The plans must comply with engineering comments, as applicable. 3. If City Staff finds no prior park dedication has been paid or no credit can be found for park dedication on this lot or any portion of this lot, a park dedication fee equal to 6% of the value of any portion of the lot upon which a fee has not previously been or credited paid shall be paid prior to the release of the final plat. 4. All title issues shall be resolved to the satisfaction of the City Attorney. 5. Approval shall expire 180 days after the date of approval unless the applicant has filed a complete application for approval of the final plat. Adopted by the City Council this 6th day of May, 2025. _____________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Resolution No. 25-036 -2-May 6, 2025 126 RESOLUTION NO. 25-037 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 797 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. 797 AN ORDINANCE AMENDING THE CITY CODE CHAPTER 113 AMENDING THE ZONING MAP AND REZONING PROPERTY AT 1211 LILAC DRIVE CITY OF GOLDEN VALLEY HOUSING AND REDEVELOPMENT AUTHORITY (HRA), APPLICANT This is a summary of the provisions of Ordinance No. 797 which has been approved for publication by the City Council. At the May 6, 2025 City Council meeting, the Golden Valley City Council enacted Ordinance No. 797 amending City Code, Chapter 113-55(b) to change the zoning designation of the property at 1211 Lilac Drive North to R-2 (moderate family residential). 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-andProposed-Ordinances. Passed by the City Council of the City of Golden Valley, Minnesota on May 6, 2025. ____________________________ Roslyn Harmon, Mayor Attested: ____________________ Theresa Schyma, City Clerk 127 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 6, 2025 Agenda Item 6A. Consideration of Comprehensive Plan Amendment, Rezoning, and Preliminary Plat for 1131 Lilac Drive North, Resolution Nos. 25-038, 25-039, and Ordinance No. 798 Prepared By Jacquelyn Kramer, Senior Planner Summary The City of Golden Valley Housing and Redevelopment Authority (HRA) seeks City Council approval for the following changes for the property at 1131 Lilac Drive North: 1. Comprehensive plan amendment reguiding the property from Right-of-Way to Low Density Residential 2. Rezone the property to R-2 Moderate Density Family Residential 3. Preliminary plat for Hope Fourth Addition The proposed changes would allow the construction of a twinhome on the property. Financial or Budget Considerations The City purchased this property from the Minnesota Department of Transportation (MnDOT) through the Home Ownership for Equity (HOPE) Program. Legal Considerations The developer of this property will enter into a development agreement with the City before closing on the property. This agreement will be drafted and approved by the City Attorney and will include a provision guaranteeing the home stays affordable for a set period of time. Staff has proposed a 99- year affordability period in the draft agreement, which will be brought to City Council for final approval at a later time. Equity Considerations Identified in the 2040 Comprehensive Plan’s Housing Chapter, preserving a measure of affordability in the owner-occupied housing market is an important asset to housing market stability and the community’s overall livability. Additionally, Minnesota, including Golden Valley, has one of the worst racial disparities in homeownership in the nation. HOPE prioritizes organizations that have demonstrated success in building relationships of trust with Black, Indigenous, and people of color (BIPOC) communities. Recommended Action 128 Motion to Adopt Resolution Nos. 25-038, 25-039, and Ordinance No. 798 approving comprehensive plan amendment, rezoning, and preliminary plat for 1131 Lilac Drive North based on the findings in the staff report. Supporting Documents Staff Report - 1131 Lilac Drive Ordinance No. 798 - Zoning Map Amendment - 1131 Lilac Drive Resolution No. 25-038 - Comprehensive Plan Amendment - 1131 Lilac Drive Resolution No. 25-039 - Preliminary Plat - 1131 Lilac Drive Declaration of Easements and Covenants - 1131 Lilac Drive 129 Date: April 28, 2025 To: Golden Valley City Council From: Kendra Lindahl, Consulting Planner Subject: Comprehensive Plan Amendment, Rezoning and Preliminary Plat for 1131 Lilac Drive North SUMMARY The City acquired land at 1131 Lilac from the Minnesota Department of Transportation (MnDOT). This was land that was no longer needed by MnDOT. The City is now proposing to designate the property as Low Density Residential on the Future Land Use Plan, zone the property Moderate Density Residential (R-2) and plat one lot to allow for development of a two-family home. MEETING DATE(S) Neighborhood Meeting: March 31, 2025 Planning & Zoning Commission: April 14, 2025 City Council: May 6, 2025 PROJECT INFORMATION Applicant: City of Golden Valley Property owner: (Same) Lot size: 0.34 acres Future land use designation: Right-of-Way Zoning district: Not zoned Existing use: Vacant Proposed use: Two-family Home Adjacent land use, zoning and uses: Guided Low Density Residential, zoned R-1 (Single Family Detached) and developed with single family homes to the north, east, south and west (across Lilac Drive and Highway 100). Figure 1 -Aerial Location Map (2018 Hennepin County) 130 PLANNING COMMISSION REVIEW The Planning Commission held a public hearing on April 14th to review this item. There were residents present to speak on this item both in support and in opposition to the project. Staff noted that this project is part of the Home Ownership Program for Equity (HOPE) program. HOPE provides owner-occupied housing for those earning 60-80% of the Area Median Income (AMI). A household earning 80% AMI equals $99,400 per year, while a 60% AMI household earns $74,600. The Planning Commission voted 6-0 to recommend approval of the comprehensive plan amendment. The Commission failed to pass motions both to deny the rezoning and preliminary plat and those to approve the rezoning and preliminary plat. After significant discussion, the Commission voted 6-0 to forward the rezoning and preliminary plat to the City Council with no recommendation. PLANNING ANALYSIS Level of Discretion in Decision Making The City has a relatively high level of discretion in approving or denying a comprehensive plan amendment. The comprehensive use plan is the city’s long-range planning tool that indicates what type of development should occur on all land within the City. In other words, it is the City’s plan for how it wants to direct future development and growth. The City Council may guide property as it deems necessary to protect and promote the general health, safety and welfare of the community. The City has a relatively high level of discretion in approving or denying a rezoning application. The proposed zoning for a property must be consistent with the City’s Comprehensive Plan. If the proposed zoning is not consistent with the Comprehensive Plan, the City must deny the rezoning application. The Zoning Ordinance and Map are the enforcement tools used to implement the goals and standards set in the Comprehensive Plan. The City’s discretion in approving a subdivision is limited to whether the proposed plat meets the standards outlined in the City’s subdivision and zoning ordinance and the conditions of approval. If it meets these standards, the City must approve the subdivision. Comprehensive Plan Amendment The City is requesting that the property be reclassified from right-of-way to Low Density Residential now that the land has transferred from MNDOT to the City of Golden Valley. The reclassification is required for the land to be developed. 131 Figure 2 - Existing and Proposed Land Use The Comprehensive Plan is a living document and when the City finds evidence to support a change to the plan, the City Council has the discretion to make a change. The City should consider the following issues when reviewing a comprehensive plan amendment request: •Evidence submitted by the applicant demonstrating the reason(s) that the plan should be changed, including, but not limited to, whether new information has become available since the Comprehensive Plan was adopted that supports re-examination of the plan, or that existing or proposed development offers new opportunities or constraints that were not previously considered by the plan. •Whether or not the change is needed to allow reasonable development of the site. •The relationship of the proposed amendment to the supply and demand for particular land uses within the city and the immediate vicinity of the site. •A demonstration by the applicant that the proposed amendment has merit beyond the interests of the proponent. •The possible impacts of the amendment on all specific elements of the Comprehensive Plan as may be applicable, including, but not limited to: o Transportation o Sanitary sewer, including existing and proposed sanitary sewer flows as compared to the adopted plan; o Housing, including the extent to which the proposal contributes to the City’s adopted housing goals; o Surface water, including compliance with the City’s goals for water quality as well as water quantity management; o Water supply; o Parks and open space; and •Consideration of the impact of the proposed amendment upon current and future special assessments and utility area charges, future property tax assessments or other fiscal impacts upon the City. This is a policy decision for the City Council. The City should evaluate all of these issues when considering the decision. Staff recommends approval of the amendment as the land is no longer public right-of-way and must be classified on the Comprehensive Plan. Low Density Residential is consistent with the surrounding land uses. 132 Zoning Map Amendment The City is requesting that this 0.34-acre parcel be rezoned from to R-2 (moderate density residential) to allow for construction of two-family homes. The land is no longer MNDOT right- of-way and must be rezoned to be to allow development of the site. The R-1 and R-2 zoning districts are both compatible with the Low Density Residential land use. Figure 3 - Existing and Proposed Zoning The Low Density Residential classification is intended by the Comprehensive Plan to provide opportunities for up to five homes per gross acre. The Plan says “This category includes primarily single-family detached units but may include single-family and two-family attached units in scattered locations as appropriate. This land use should be surrounded by other land uses with minimal impacts, such as institutional and open space.” The City Code describes the R-2 district as follows: The purpose of the Moderate Density Residential (R-2) Zoning District is to provide for single-family, two-family, and rowhouse dwellings at a moderate density (up to eight units per acre) along with directly related and complementary uses. State law requires the zoning district to be compatible with the land use designation. The R-2 zoning district is compatible with the Low Density Residential designation. The City Code provides no specific standards for approval of a zoning map amendment, but all amendments must comply with the Zoning Ordinance purpose statement in Section 113-2, which states “The purpose of this chapter is to regulate land use within the City, including the location, size, use, and height of buildings, the arrangement of buildings on lots, and the density of population within the City for the purpose of promoting the health, safety, order, convenience, and general welfare of all citizens of the City.” Subdivision The land is proposed to be platted as a single parcel (Lot 1, Block 1, Hope Fourth Addition) for development of a two-family home. 133 The Zoning Ordinance defines single and two-family dwellings as follows: •Single-Family Dwelling is a building designed for or occupied by one family and containing one dwelling unit. •Two-Family Dwelling is a building designed for or occupied by two families and containing two dwelling units. The term two-family home includes both duplexes and twin-homes. A duplex is a building containing two separate dwelling units on one lot. A twinhome is a building containing two separate dwelling units but each unit is constructed as a separate building (under the building code definition) and are on separate lots. The City has been working with Magnolia Homes to build a twinhome on this lot. The plat shows the footprint of their home showing compliance with all ordinance requirements. The concept plan shows that the lot would exceed the dimensional requirements for the R-2 district as shown in the table below: R-2 Standards Lot 1 Lot Size 10,000 sq. ft. 11,259 sq. ft. Lot Width (measured at setback) 100 ft. 100 ft. Front Setback 35 ft. 35 ft. Side Setback 15 ft. (varies) 20 ft. Rear Setback 25 ft. 27.3 ft. Maximum Impervious 50% 36.7% Coverage Maximum 30% 26.6% The City’s ordinance requires a three-step process to approve a twinhome lot: 1.Approval of a preliminary plat to create a single lot that complies with the R-2 standards 2.Approval of a final plat to create a single lot that complies with the R-2 standards and 3.Approval of a minor subdivision for a Residential Zero Lot Line Home. Staff finds that the preliminary plat meets the R-2 standards for a creation of one lot. The City Code does not allow the final plat to be processed concurrently with the final plat. The final plat and minor subdivision will be scheduled for consideration at the next City Council meeting. PUBLIC NOTIFICATIONS To comply with State law and the City’s public hearing notice requirements, notices were mailed to property owners within 500 feet of the site. In addition, a notice was published in the Sun Post Newspaper. At the time of this staff report, no comments were received from adjacent property owners except those provided at the open house on March 31, 2025. Neighbors were generally concerned about a two-family home on the property. 134 STAFF FINDINGS Staff recommends approval of the request based on the finding and conditions in the staff report. In order to provide support for the recommendation below, staff is offering the following findings of fact related to reguiding (land use designation): a.The map should be changed because the property is no longer public right-of-way. b.The Low Density Residential designation is consistent with the land use designation on surrounding properties. c.The change will allow the landowner to develop the property consistent with the Low Density Residential designation. d.There is adequate infrastructure to support development consistent with the Low Density Residential designation. e.The change will allow the City of Golden Valley to offer the site for affordable housing under the City’s HOPE program. In order to provide support for the recommendation below, staff is offering the following findings of fact related to the rezoning: a.State law requires the property zoning to be consistent with the land use designation. The R-1 and R-2 zoning districts are compatible with the Low Density Residential designation. b.Rezoning the property to R-2 allows redevelopment of the site with a two-family home, as part of the City’s HOPE program. The HOPE program is a program to provide new affordable housing in the City. In order to provide support for the recommendation below, staff is offering the following findings of fact related to subdivision: a.The impervious surface calculations and building coverage must be provided with the building permit to show compliance with ordinance standards. b.The plans must comply with engineering comments, as applicable. c.If the City Attorney finds no prior park dedication has been paid or no credit can be found for park dedication on this lot, a park dedication fee equal to 6% of the land value shall be paid prior to the release of the final plat. d.The City Attorney will complete the title review prior to approval of the final plat. e.The Declaration of Covenants, Restrictions and Conditions shall be approved by the City Attorney prior to release of the subdivision for recording. f.The subdivision and Declarations, Restrictions and Conditions shall be recorded prior to issuance of building permits. g.The structure must meet current building code standards for firewall separation. NEXT STEPS The Subdivision Ordinance (Chapter 109) prohibits concurrent review of the preliminary plat and final plat. Following approval of the rezoning and preliminary plat, staff would prepare the final plat and minor subdivision for City Council approval. The final plat and minor subdivision is 135 tentatively scheduled for City Council action at the May 20, 2025 City Council meeting. REQUESTED ACTION Move approval of the following as recommended by the Planning Commission: 1.Amendment to the Future Land Use Map, changing the guided land use from right- of-way to Low Density Residential, 2.Rezoning the property to R-2 and 3.Preliminary Plat for Hope Fourth Addition. ATTACHED EXHIBITS A.Location Map (Exhibit A) B.Existing Land Use Map (Exhibit B) C.Proposed Land Use Map (Exhibit C) D.Existing Zoning Map (Exhibit D) E.Proposed Zoning Map (Exhibit E) F.Preliminary Plat (Exhibit F) G.Final Plat (Exhibit G) H.Minor Subdivision (Exhibit H) I.Draft Declarations, Restrictions and Conditions (Exhibit I) J.Resolution amending the Land Use Map (Exhibit J) K.Ordinance rezoning the property from right-of-way to R-2 (Exhibit K) L.Resolution approving the Preliminary Plat for Hope Fourth Addition (Exhibit L) STAFF CONTACT INFORMATION Prepared by: Kendra Lindahl, AICP Consulting Planner, klindahl@landform.net Reviewed by: Chloe McGuire, Deputy Community Development Director, cmcguire@goldenvalleymn.gov 136 137 138 139 140 141 COVEREDPORCH 886.5 886.62.5%GARAGEPROPOSED 2 STORYTWINHOMETOP OF FOUNDATION = 887.0COVEREDPORCH GARAGELILAC DRIVE NORTH (RIGHT OF WAY WIDTH VARIES) (RIGHT OF WAY WIDTH VARIES)FOUND RIGHT OF WAYMONUMENT B22FOUND RIGHT OF WAYMONUMENT B23FOUND RIGHT OF WAYMONUMENT B21FOUND RIGHT OF WAYMONUMENT B20LOT 1BLOCK 1XXXXXXXXXXXXXXCHAIN LINK FENCELANDSCAPING W/ROCK EDGINGLANDSCAPINGCOMPOST PILEW/ WOOD EDGINGBIT BIT CON CON G-D G-D G-D G-D G-D G-D G-DCENTERPOINT2 IN. PLASTIC8 IN x 6 INTIMBER EDGING>>>>>>>>>>>l l l l l l l l l >>>>>>>>>>>>>> WOODFENCE ooooooooBACK OF CURB (TYP)LIP OF CURB (TYP)SOWNER: DANIEL J SUPALLAPID: 3311821210015OWNER: K R VESELY & M J FOWLERPID: 3311821210017OWNER: MAX P ZELAYARANPID: 3311821210015LINE 1DRAINAGE AND UTILITYEASEMENT PER DOC. NO. 29649455886884884882884886888888888886885.1 885.5886.6886.53.4%886.2xOWNER: HOLLY SHEETSPID: 3311821210063886886886 884 88488635.020.0 20.027.327.320.0 30.044.011.0 6.019.0 50.044.030.0 50.019.06.011.020.0 100.036.836.7113.0112.2>>>IIII>>>IIIIPROPOSEDCONC. WALKPROPOSEDCONC. WALKAZ=269°45'11"S89°45'11"W 79.92AZ=180°16'03" S00°16'03"W 588.69 NORTHWEST CORNER OF SECTION 19,TOWNSHIP 29N, RANGE 24W, AS SHOWN ONMINNESOTA DEPARTMENT OFTRANSPORTATION PLAT NO. 27-104BOUNDARY OF MINNESOTA DEPARTMENTOF TRANSPORTATION PLAT NO. 27-104POINT OF BEGINNINGLINE 1NORTHNO SCALEPROJECT NO.FILE NAMEIF THE SIGNATURE, SEAL OR FOUR LINES DIRECTLY ABOVE ARE NOTVISIBLE, THIS SHEET HAS BEEN REPRODUCED BEYOND INTENDEDREADABILITY AND IS NO LONGER A VALID DOCUMENT. PLEASE CONTACTTHE SURVEYOR TO REQUEST ADDITIONAL DOCUMENTS.PROJECTCERTIFICATIONLandform®and Site to Finish®are registered service marks of Landform Professional Services, LLC.DATEISSUE / REVISIONREVIEWCONTACT SURVEYOR FOR ANY PRIOR HISTORYISSUE / REVISION HISTORYCITY OF GOLDENVALLEYHOPE FOURTHADDITIONGOLDEN VALLEY, MINNESOTACGV24026PRELIMINARYPLATPRE CGV026 1311 LILAC.dwgPROPERTY ADDRESSIRON MONUMENT FOUNDRESTRICTED ACCESSTREE DRIP LINE962EXISTING CONTOURBUILDING SETBACK LINEEXISTING DESCRIPTIONSITE SYMBOLS962.3962PROPOSED CONTOURPROPOSED SPOT ELEVATIONDRAINAGE DIRECTION1131 LILAC DR. N, GOLDEN VALLEY, MINNESOTAPROPERTY DESCRIPTIONThat part of Tract A described below:Tract A. Lot 2, Block 2, Hipp's Addition, according to the plat thereof on file and of record in the office of theCounty Recorder in and for Hennepin County, Minnesota; the title thereto being registered; which lies westerly ofLine 1 described below:Line 1. Commencing at the Northwest corner of Section 19, Township 29 North, Range 24 West, as shown onMinnesota Department of Transportation Right of Way Plat No. 27-104 as the same is on file and of record in theoffice of the County Recorder in and for Hennepin County, Minnesota; thence westerly on an azimuth of 269degrees 45 minutes 11 seconds along the boundary of said plat for 79.92 feet to the point of beginning of Line 1to be described; thence on an azimuth of 180 degrees 16 minutes 03 seconds for 588.69 feet and thereterminating. Being Registered land as is evidenced by Certificate of Title No. 1440922.SURVEY NOTES1. Existing conditions shown per ALTA/NSPS Land Title Survey performed by Bolton & Menk dated2024-05-21, field work completed 2024-01-05. Job Number: 0N1.133076.2. Boundary Survey performed by Landform on 2025-02-27 expressly for this project.3. For the purposes of this survey, the bearing system is based on the Hennepin County coordinate system,NAD83 (2011 Adjustment).4. The surveyor does not guarantee, in writing or assumed, that the utilities as shown are in the exact location.No excavation was performed to locate the underground utilities.5. Elevations shown per MnTOPO LiDAR provided by MnGEO.I hereby certify that this survey, plan, or report was prepared byme or under my direct supervision and that I am a duly LicensedLand Surveyor under the laws of the state of Minnesota.Signature shown is a digital reproduction of original. Wet signedcopy of this plan on file at Landform Professional Services, LLCoffice and is available upon request.License No. 58896 Date: 2025-03-28Jerrod Gustavus LeSavageCITY OF GOLDEN VALLEY, MINNESOTA7800 GOLDEN VALLEY ROAD, GOLDEN VALLEY, MN55427AREASTOTAL = 14,934 SF (0.34 AC)PROPOSEDLOT 1, BLOCK 1 = 11,259 SF (0.26 AC)LILAC DRIVE N = 3,675 SF (0.08 AC)ZONING & SETBACKSEXISTING ZONING: ROWPROPOSED ZONING: R-2MINIMUM WIDTH AT FRONT SETBACK =100 FTMINIMUM AREA =10,000 SFMAXIMUM LOT COVERAGE= 30%MAXIMUM IMPERVIOUS AREA= 50%R-2 SETBACKS:FRONT = 35 FEETCORNER = 35 FEETSIDE = 15 FEET MINIMUM (VARIES WITH BUILDING HEIGHT)REAR = 25 FEETEXISTING DESCRIPTIONSITE SYMBOLS (BY OTHERS)ARE SHOWN THUS:DRAINAGE AND UTILITY EASEMENTSBEING 10 FEET IN WIDTH AND ADJOINING LOTLINES AND RIGHT OF WAY LINES10(NOT TO SCALE)101010VICINITY MAPSITEGLENWOOD AVEHWY 100HWY 55LILAC DR NWOODSTOCK AVELILAC DR NBNS F R A I LROAD SWEENEYLAKE TWINLAKEBENCHBUSHCATCH BASINHANDHOLEFIRE HYDRANTMANHOLE-SANITARY SEWERMANHOLE-STORM SEWERSIGN NON TRAFFICELECTRIC UNDERGROUND (PER PLANS)GAS UNDERGROUNDCOMMUNICATION UNDERGROUND (FIELD MARKED)FIBER UNDERGROUND (FIELD MARKED)WATER SYSTEMSTORM SEWERSANITARY SEWERDSCCE-DFFGGWFENCEX X X XCONCRETE CURB & GUTTERRETAINING WALLC-DCOMMUNICATION UNDERGROUND (PER PLANS)F-DFIBER UNDERGROUND (PER PLANS)ll l lWATER SERVICESIGN TRAFFICVALVEPOLE-UTILITYGUY WIRE ANCHORMANHOLE-WATERLIGHT-GROUNDOUOVERHEAD UTILITYUTILITY MARKER-FIBERG-DGAS UNDERGROUND (PER PLANS)> > > >SANITARY SEWER SERVICEEXISTING DESCRIPTIONMNDOT ROW MONUMENT FOUNDMAG NAIL FOUNDBNSF RAILROADLINDSAY STTHOTLAND RDFRONTAGE RDSERVICE RDLORING LNSERVICE RDLILAC DR NDOUGLAS DR NDEVELOPERNORTH0 20 40 D R A F T OVERALL LOT COVERAGETOTAL LOT AREA = 11,259 SFBUILDABLE AREA = 3,377 SFPROPOSED BUILDING AREA = 3,000 SFPROPOSED LOT COVERAGE= 26.6%>>IIIIPROPOSED SEWER SERVICEPROPOSED WATER SERVICEPROPOSED IMPERVIOUS SURFACE CALCULATIONSTOTAL AREA =11259S.F.PROPOSED TWINHOME3000S.F.PROPOSED DRIVEWAYS1067S.F.PROPOSED CONC. WALKS68S.F.TOTAL IMPERVIOUS SURFACE4135S.F.MAXIMUM IMPERVIOUS SURFACE50.0%PROPOSED IMPERVIOUS SURFACE36.7%142 LILAC DRIVE NORTH (RIGHT OF WAY WIDTH VARIES) (RIGHT OF WAY WIDTH VARIES)FOUND RIGHT OF WAYMONUMENT B22FOUND RIGHT OF WAYMONUMENT B23FOUND RIGHT OF WAYMONUMENT B21FOUND RIGHT OF WAYMONUMENT B20LOT 1BLOCK 1LINE 1DRAINAGE AND UTILITYEASEMENT PER DOC. NO. 29649455100.00 36.7736.72113.01112.1713.01N89°48'56"E 83.39N00°11'03"W 440.12S00°11'03"E 1889.49 EAST LINE OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 118N, RANGE 21W, HENNEPIN COUNTY, MINNESOTA NORTHWEST CORNER OF SECTION 19,TOWNSHIP 29N, RANGE 24W, AS SHOWN ONMINNESOTA DEPARTMENT OFTRANSPORTATION PLAT NO. 27-104AZ=269°45'11"S89°45'11"W 79.92BOUNDARY OF MINNESOTA DEPARTMENTOF TRANSPORTATION PLAT NO. 27-104POINT OF BEGINNINGLINE 1AZ=180°16'03" S00°16'03"W 588.69 EAST QUARTER CORNER OF SECTION 33,TOWNSHIP 118N, RANGE 21W, HENNEPINCOUNTY, MINNESOTAHOPE FOURTH ADDITIONdenotes Hennepin County Cast Iron Monument foundFor the purposes of this plat, the East line of Sec. 33, T. 118, R. 21 isassumed to bear S00°08'49"W.denotes 1/2 inch by 14 inch iron pipe monument set and markedby License No. 58896denotes 1/2 open iron pipe monument foundARE SHOWN THUS:DRAINAGE AND UTILITY EASEMENTSBEING 10 FEET IN WIDTH AND ADJOINING LOTLINES AND RIGHT OF WAY LINES10(NOT TO SCALE)101010denotes found mag nail LS #46166NORTH0 20 40SCALE IN FEETKNOW ALL PERSONS BY THESE PRESENTS: That City of Golden Valley, a Minnesota municipal corporation, owner of the following described property situated in theCounty of Hennepin, State of Minnesota to wit:That part of Tract A described below:Tract A. Lot 2, Block 2, Hipp's Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; thetitle thereto being registered; which lies westerly of Line 1 described below:Line 1. Commencing at the northwest corner of Section 19, Township 29 North, Range 24 West, as shown on Minnesota Department of Transportation Right of Way PlatNo. 27-104 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; thence westerly on an azimuth of 269 degrees45 minutes 11 seconds along the boundary of said plat for 79.92 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 180 degrees 16 minutes03 seconds for 588.69 feet and there terminating. Being Registered land as is evidenced by Certificate of Title No. 1440922.Has caused the same to be surveyed and platted as HOPE FOURTH ADDITION and does hereby dedicate to the public for public use the public ways and the drainageand utility easements as created by this plat.In witness whereof said City of Golden Valley, a Minnesota municipal corporation, has caused these presents to be signed by its proper officer this ______ day of_________________________________, 20____.City of Golden Valley_______________________________________________________(Signature)______________________, Its ________________________________(Print name)(Title)STATE OF MINNESOTACOUNTY OF _________________________________This instrument was acknowledged before me this ______ day of ________________________________, 20____ by ________________________________, it's________________________________ of City of Golden Valley, a Minnesota municipal corporation, on behalf of the corporation._________________________________________________(Signature)_________________________________________________(Print name)Notary Public, ________________________________ County, MinnesotaMy Commission Expires ________________________I Jerrod Gustavus LeSavage do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State ofMinnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monumentsdepicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3,as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat.Dated this _________ day of _______________________________, 20____.___________________________________________Jerrod Gustavus LeSavage, Licensed Land SurveyorMinnesota License Number 58896STATE OF MINNESOTACOUNTY OF ________________________________This instrument was acknowledged before me this _________ day of _______________________________, 20____ by Jerrod Gustavus LeSavage.___________________________________________(Signature)___________________________________________(Print name)Notary Public, _______________________________ County, MinnesotaMy Commission Expires________________________R.T. DOC. NO.CITY COUNCIL, CITY OF GOLDEN VALLEY, MINNESOTAThis plat of HOPE FOURTH ADDITION was approved and accepted by the City Council of the City of Golden Valley, Minnesota, at a regular meeting thereof held this ________ dayof __________, 20____, and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2.City Council, City of Golden Valley, MinnesotaBy: ____________________________________________, MayorBy: ____________________________________________, ClerkCOUNTY AUDITOR, HENNEPIN COUNTY, MINNESOTAI hereby certify that taxes payable in 20___ and prior years have been paid for land described on this plat, dated this ______ day of _________________, 20_____.By _____________________________________ DeputyDaniel Rogan, County AuditorSURVEY DIVISION, HENNEPIN COUNTY, MINNESOTAPursuant to MN. Stat. Sec. 383B.565 (1969), this plat has been approved this __________ day of _______________________, 20_____.By _____________________________________Chris F. Mavis, County SurveyorREGISTRAR OF TITLES, HENNEPIN COUNTY, MINNESOTAI hereby certify that the within plat of HOPE FOURTH ADDITION was filed in this office this ________ day of _______________________, 20_____, at _____ o'clock ____. M. By ____________________________________ DeputyAmber Bougie, Registrar of TitlesCOUNTY RECORDER, HENNEPIN COUNTY, MINNESOTAI hereby certify that the within plat of HOPE FOURTH ADDITION was recorded in the office this _____ day of ___________________, 20___, at ___ o'clock __.m.By _________________________________ DeputyAmber Bougie, County Recorderdenotes Minnesota Department of TransportationRight of Way Monument Found as labeleddenotes Access Control as established by Doc. No. 5430306143 COVEREDPORCH 886.5 886.62.5%GARAGEPROPOSED 2 STORYTWINHOMEGARAGELILAC DRIVE NORTH (RIGHT OF WAY WIDTH VARIES) (RIGHT OF WAY WIDTH VARIES)FOUND RIGHT OF WAYMONUMENT B22FOUND RIGHT OF WAYMONUMENT B23FOUND RIGHT OF WAYMONUMENT B21FOUND RIGHT OF WAYMONUMENT B20XXXXXXXXXXXXXXCHAIN LINK FENCELANDSCAPING W/ROCK EDGINGLANDSCAPINGCOMPOST PILEW/ WOOD EDGINGBIT BIT CON CON G-D G-D G-D G-D G-D G-D G-DCENTERPOINT 2 IN. PLASTIC8 IN x 6 INTIMBER EDGING>>>>>>>>>>>l l l l l l l l l >>>>>>>>>>>>>> WOODFENCE ooooooooBACK OF CURB (TYP)LIP OF CURB (TYP)SOWNER: DANIEL J SUPALLAPID: 3311821210015OWNER: K R VESELY & M J FOWLERPID: 3311821210017OWNER: MAX P ZELAYARANPID: 3311821210015DRAINAGE AND UTILITYEASEMENT PER DOC. NO. 29649455886884884882884886888888888886 885.1 885. 5 886.6886.53.4%886.2xOWNER: HOLLY SHEETSPID: 3311821210063886886886 884 88488635.520.0 20.027.327.320.0 30.044.011.0 6.019.0 50.044.030.0 50.019.06.011.020.0 S89°48'56"W 113.01N89°48'56"E 112.17PROPOSEDDRIVEWAYPROPOSEDDRIVEWAY13.0135.050.0050.00 50.00 50.00PARCEL APARCEL BSOUTH LINE OF THE NORTH 1/2 OF LOT 1NORTH LINE OF THE SOUTH 1/2 OF LOT 1101010 1010101010COVEREDPORCHN00°10'56"W 100.00 >>>IIII>>>IIIIS00°17'38"W 100.00PROPOSEDCONC. WALKPROPOSEDCONC. WALKNORTHNO SCALEPROJECT NO.FILE NAMEIF THE SIGNATURE, SEAL OR FOUR LINES DIRECTLY ABOVE ARE NOTVISIBLE, THIS SHEET HAS BEEN REPRODUCED BEYOND INTENDEDREADABILITY AND IS NO LONGER A VALID DOCUMENT. PLEASE CONTACTTHE SURVEYOR TO REQUEST ADDITIONAL DOCUMENTS.PROJECTCERTIFICATIONLandform®and Site to Finish®are registered service marks of Landform Professional Services, LLC.DATEISSUE / REVISIONREVIEWCONTACT SURVEYOR FOR ANY PRIOR HISTORYISSUE / REVISION HISTORYCITY OF GOLDENVALLEYHOPE FOURTHADDITIONGOLDEN VALLEY, MINNESOTACGV24026MINORSUBDIVISIONAS CGV026 1311 LILAC.dwgPROPERTY ADDRESSIRON MONUMENT FOUNDRESTRICTED ACCESSTREE DRIP LINE962EXISTING CONTOURBUILDING SETBACK LINEEXISTING DESCRIPTIONSITE SYMBOLS962.3962PROPOSED CONTOURPROPOSED SPOT ELEVATIONDRAINAGE DIRECTION1131 LILAC DR. N, GOLDEN VALLEY, MINNESOTAEXISTING PROPERTY DESCRIPTIONLot 1, Block 1, HOPE FOURTH ADDITION, Hennepin County, Minnesota according to the recorded plat thereof.SURVEY NOTES1. Existing conditions shown per ALTA/NSPS Land Title Survey performed by Bolton & Menk dated2024-05-21, field work completed 2024-01-05. Job Number: 0N1.133076.2. Boundary Survey performed by Landform on 2025-02-27 expressly for this project.3. For the purposes of this survey, the bearing system is based on the Hennepin County coordinate system,NAD83 (2011 Adjustment).4. The surveyor does not guarantee, in writing or assumed, that the utilities as shown are in the exact location.No excavation was performed to locate the underground utilities.5. Elevations shown per MnTOPO LiDAR provided by MnGEO.6. Existing Property Description and Zoning pending on approval.7. Proposed Grades based on typical slab on grad foundation. Final construction plans not provided tosurveyor.I hereby certify that this survey, plan, or report was prepared byme or under my direct supervision and that I am a duly LicensedLand Surveyor under the laws of the state of Minnesota.Signature shown is a digital reproduction of original. Wet signedcopy of this plan on file at Landform Professional Services, LLCoffice and is available upon request.License No. 58896 Date: 2025-04-03Jerrod Gustavus LeSavageCITY OF GOLDEN VALLEY, MINNESOTA7800 GOLDEN VALLEY ROAD, GOLDEN VALLEY, MN55427TOTAL MINIMUM = 10,000 SFTOTAL EXISTING = 11,259 SF (0.26 AC)PROPOSED:PARCEL A = 5,640 SFPARCEL B = 5,619 SFEXISTING DESCRIPTIONSITE SYMBOLS (BY OTHERS)VICINITY MAPSITEGLENWOOD AVEHWY 100HWY 55LILAC DR NWOODSTOCK AVELILAC DR NBN S F R A I LROAD SWEENEYLAKE TWINLAKEBENCHBUSHCATCH BASINHANDHOLEFIRE HYDRANTMANHOLE-SANITARY SEWERMANHOLE-STORM SEWERSIGN NON TRAFFICELECTRIC UNDERGROUND (PER PLANS)GAS UNDERGROUNDCOMMUNICATION UNDERGROUND (FIELD MARKED)FIBER UNDERGROUND (FIELD MARKED)WATER SYSTEMSTORM SEWERSANITARY SEWERDSCCE-DFFGGWFENCEX X X XCONCRETE CURB & GUTTERRETAINING WALLC-DCOMMUNICATION UNDERGROUND (PER PLANS)F-DFIBER UNDERGROUND (PER PLANS)ll l lWATER SERVICESIGN TRAFFICVALVEPOLE-UTILITYGUY WIRE ANCHORMANHOLE-WATERLIGHT-GROUNDOUOVERHEAD UTILITYUTILITY MARKER-FIBERG-DGAS UNDERGROUND (PER PLANS)> > > >SANITARY SEWER SERVICEEXISTING DESCRIPTIONMNDOT ROW MONUMENT FOUNDMAG NAIL FOUNDBNSF RAILROADLINDSAY STTHOTLAND RDFRONTAGE RDSERVICE RDLORING LNSERVICE RDLILAC DR NDOUGLAS DR NDEVELOPERNORTH0 20 40 D R A F T PROPOSED PROPERTY DESCRIPTIONSPARCEL AThe North Half of Lot 1, Block 1, HOPE FOURTH ADDITION, Hennepin County, Minnesota according to therecorded plat thereof.PARCEL BThe South Half of Lot 1, Block 1, HOPE FOURTH ADDITION, Hennepin County, Minnesota according to therecorded plat thereof.10 FT PERIMETER DRAINAGE AND UTILITY EASEMENTPER PLAT OF HOPE ADDITION UNLESS OTHERWISE NOTEDPROPOSED GRADESHOUSE TYPE = TWO STORY (SOG)FINISHED FLOOR = 887.0TOP OF FOUNDATION = 887.0GARAGE FLOOR = 886.6>>IIIIPROPOSED SEWER SERVICEPROPOSED WATER SERVICEAREASZONING & SETBACKSEXISTING ZONING: ROWPROPOSED ZONING: R-2MINIMUM WIDTH AT FRONT SETBACK(OVERALL) =100 FTMINIMUM AREA (OVERALL)=10,000 SFMAXIMUM LOT COVERAGE (OVERALL) = 30%MAXIMUM IMPERVIOUS AREA= 50%R-2 SETBACKS:FRONT = 35 FEETCORNER = 35 FEETSIDE = 15 FEET MINIMUM (VARIES WITH BUILDING HEIGHT)REAR = 25 FEETOVERALL LOT COVERAGETOTAL LOT AREA = 11,259 SFBUILDABLE AREA = 30% OR 3,377 SFPROPOSED BUILDING AREA = 3,000 SFPROPOSED LOT COVERAGE= 26.6%PROPOSED IMPERVIOUS SURFACE CALCULATIONSTOTAL AREA =11259S.F.PROPOSED TWINHOME3000 S.F.PROPOSED DRIVEWAYS1067 S.F.PROPOSED CONC. WALKS68 S.F.TOTAL IMPERVIOUS SURFACE4135 S.F.MAXIMUM IMPERVIOUS SURFACE50.0%PROPOSED IMPERVIOUS SURFACE 36.7%144 ORDINANCE NO. 798 AN ORDINANCE AMENDING THE CITY CODE CHAPTER 113 AMENDING THE ZONING MAP AND REZONING PROPERTY AT 1131 LILAC DRIVE NORTH CITY OF GOLDEN VALLEY, APPLICANT The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 113 entitled “Zoning” is amended in Section 113-55 Subd. (b) by changing the zoning designation of the property at 1131 Lilac Drive North to R-2 (moderate density residential). Section 2. The tracts of land affected by this ordinance are legally described as: That part of Tract A described below: Tract A. Lot 2, Block 2, Hipp's Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; the title thereto being registered; which lies westerly of Line 1 described below: Line 1. Commencing at the northwest corner of Section 19, Township 29 North, Range 24 West, as shown on Minnesota Department of Transportation Right of Way Plat No. 27-104 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; thence westerly on an azimuth of 269 degrees 45 minutes 11 seconds along the boundary of said plat for 79.92 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 180 degrees 16 minutes 03 seconds for 588.69 feet and there terminating. Being Registered land as is evidenced by Certificate of Title No. 1440922. Section 3. This ordinance shall take effect form and after its passage and publication as required by law. Adopted by the City Council this 6th day of May, 2025. _____________________ Roslyn Harmon, Mayor ATTEST: ________________________ Theresa J. Schyma, City Clerk 145 RESOLUTION NO. 25-038 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN’S FUTURE LAND USE PLAN MAP DESIGNATING THE LAND AT 1131 LILAC DRIVE NORTH AS LOW DENSITY RESIDENTIAL WHEREAS, the City Council has met at the time and place specified in a notice duly published with respect to the subject matter hereof and has heard all interested persons, and it appearing in the interest of the public that the Future Land Use Plan Map as heretofore adopted and enacted by the City of Golden Valley be amended; and WHEREAS, the area affected is legally described as follows: That part of Tract A described below: Tract A. Lot 2, Block 2, Hipp's Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; the title thereto being registered; which lies westerly of Line 1 described below: Line 1. Commencing at the northwest corner of Section 19, Township 29 North, Range 24 West, as shown on Minnesota Department of Transportation Right of Way Plat No. 27-104 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; thence westerly on an azimuth of 269 degrees 45 minutes 11 seconds along the boundary of said plat for 79.92 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 180 degrees 16 minutes 03 seconds for 588.69 feet and there terminating. Being Registered land as is evidenced by Certificate of Title No. 1440922. WHEREAS, the Planning Commission has reviewed the plan at a duly called Public Hearing, and; WHEREAS, all persons present were given the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that pursuant to the provision of Sec. 113-28 of the City Code for the City of Golden Valley, and subject to review and approval by the Metropolitan Council for conformity with regional systems plan as provided in state law, the Future Land Use Plan Map for the City of Golden Valley is hereby amended by designating the property at 1131 Lilac Drive North as Low Density Residential. 146 Adopted by the City Council this 6th day of May, 2025. _____________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Resolution No. 25-038 -2-May 6, 2025 147 RESOLUTION NO. 25-039 RESOLUTION FOR APPROVAL OF PRELIMINARY PLAT FOR HOPE FOURTH ADDITION WHEREAS, the City of Golden Valley, Applicant, has requested approval of a preliminary plat for “Hope Fourth Addition” covering the following described tracts of land: That part of Tract A described below: Tract A. Lot 2, Block 2, Hipp's Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; the title thereto being registered; which lies westerly of Line 1 described below: Line 1. Commencing at the northwest corner of Section 19, Township 29 North, Range 24 West, as shown on Minnesota Department of Transportation Right of Way Plat No. 27-104 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; thence westerly on an azimuth of 269 degrees 45 minutes 11 seconds along the boundary of said plat for 79.92 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 180 degrees 16 minutes 03 seconds for 588.69 feet and there terminating. Being Registered land as is evidenced by Certificate of Title No. 1440922. WHEREAS, the Planning Commission has reviewed the plan at a duly called Public Hearing, and; WHEREAS, all persons present were given the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Golden Valley hereby approves the request for preliminary plat, subject to the following conditions: 1. The impervious surface calculations and building coverage must be provided with the building permit to show compliance with ordinance standards. 2. The plans must comply with engineering comments, as applicable. 3. If City Staff finds no prior park dedication has been paid or no credit can be found for park dedication on this lot or any portion of this lot, a park dedication fee equal to 6% of the value of any portion of the lot upon which a fee has not previously been or credited paid shall be paid prior to the release of the final plat. 4. All title issues shall be resolved to the satisfaction of the City Attorney. 5. All conditions in City Code Section 109-123 must be met. 6. Approval shall expire 180 days after the date of approval unless the applicant has filed a complete application for approval of the final plat. 148 Adopted by the City Council this 6th day of May, 2025. _____________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Resolution No. 25-039 -2-May 6, 2025 149 #10640024v1 1 Recorded at the Request of: Joseph L. Nuñez, Esq. Vantage Law Group PLLC 125 SE Main Street, Ste. 250 Minneapolis, MN 55414 When Recorded, mail to: Joseph L. Nuñez, Esq. Vantage Law Group PLLC 125 SE Main Street, Ste. 250 Minneapolis, MN 55414 SPACE ABOVE THIS LINE FOR RECORDER’S USE DECLARATION OF EASEMENTS AND COVENANTS This Declaration is made this _____ day of ______, 2025, by MAGNOLIA HOMES, LLC, a Minnesota limited liability company (“Declarant”). Recitals A. Declarant owns Lot X Block x xxx x ADDITION, Hennepin County, Minnesota as described in Exhibit A attached hereto (the “Property”). B. The Property has or will be split into two separate residential parcels (each a “Parcel”) legally described as follows: PARCEL A: (xxxx sq.ft): The North Half of Lot x, Block x, xxx ADDITION, Hennepin County, Minnesota. Subject to easements or record, if any (“Parcel A”); and PARCEL B: (xxx sq.ft): The South Half of Lot x, Block x, xxx ADDITION, Hennepin County, Minnesota. Subject to easements or record, if any (“Parcel B”). C. The Property and Parcels A and B has been improved with a physically integrated, two-level residential duplex building, including attached garage, and with a common wall separating the ownership (the “Buildings”) at 1131 Lilac Drive in Golden Valley, Minnesota, as depicted on Exhibit A. D. As used herein, “Party” will mean the owner of any portion of the Property. It is anticipated that the Parcels of the Property will have separate owners. Declarant desires to create DRAFT150 #10640024v1 2 and impose certain easements and covenants on the Property which will benefit and burden its two constituent Parcels and the Parties who own them. Accordingly, Declarant declares as follows: 1 Easements. 1.1 Support. Declarant hereby each declares for the benefit of the other Party and its Parcel, as an appurtenance to their respective Parcels, perpetual and exclusive easements to maintain the roof and supporting structure of the Buildings (including, without limitation, the center common walls of the Buildings) for each other Party’s improvements on underlying portions of the granting Party’s Parcel and to use such roof and supporting structural components for support of such other Party’s building improvements. No Party shall without the consent of the other Party alter an improvement within either of the Buildings on its Parcel or impose weight or pressure on its Parcel that would require modifying or strengthening the structure of a Building or modifying the structure of any improvement on the other Parcel. In the event any portion of the roof, common wall or other structure of a Building is damaged or destroyed, Declarant agrees that such damage or destruction must be repaired and the Building improvements so affected must be reconstructed so as to provide the structural support required hereunder. 1.2 Encroachments and Abatements. Declarant hereby declares for the benefit of each Parcel and the owner of each Parcel, as an appurtenance to the respective Parcels, perpetual and exclusive easements (a) for such inadvertent, minor encroachments as may occur upon an adjoining Parcel by reason of construction or alteration of any improvements, or by reason of addition to any such improvements, or from settlement, sag or variance occurring after any such construction or reconstruction, and (b) to have improvements on any boundary common to both Parcels abut and connect to the improvements on the grantor’s Parcel. The grant of said easements shall not excuse any Party from exercising diligence to construct or alter its improvements on and within its Parcel. 1.3 Utilities. Declarant each hereby declares for the benefit of the other Party as an appurtenance to their respective Parcels, perpetual and non-exclusive easements for the extension and use of utility lines located on the adjoining Parcel or otherwise within the Building improvements of the other Party’s portion of the Building, together with reasonable access therefore, including, without limitation, access for emergency or unexpected maintenance and repair to forestall or correct inadequate delivery of services. A Party may hereafter from time to time at its expense install, move or replace any utility conduits, devices or other apparatus typical of residential utility applications and services. If a party discontinues use of a utility line, then upon reasonable request of the granting Party, the Party that has discontinued such use shall remove by appropriate procedures the wires, conduit and other apparatus that are no longer used. The easements granted in this Section shall not be fixed as to location, but shall be located or relocated by the grantor, but only in such manner as will not disturb or interfere with the grantee’s use or enjoyment of the grantee’s Parcel any more than is reasonably necessary in the circumstances. In the event of such a change, alteration or relocation the grantor will repair any damage to the grantee’s improvements caused thereby, including without limitation the utility facilities affected. As used herein, the term “utility” includes services and facilities for natural gas, water, electric, cable television, satellite television and data. DRAFT151 #10640024v1 3 2. Restrictions and Covenants. 2.1 Residential Use. The Property may be used only for residential purposes (which may include home studios and offices as permitted by applicable ordinance and law) and for no other use or purpose whatsoever without the consent of the other party in her/his/its absolute discretion. 2.2 Separate Use of Parcels/Re-Combining Parcels. The two Parcels that make up the Property may be used and owned separately only as long as the existing residential Building continues to be an integrated structure. In the event the existing residential duplex Building is destroyed or otherwise removed and not rebuilt as an integrated residential building, Declarant agree that the two Parcels either (i) shall be combined to make a single parcel or (ii) additional adjoining land must be purchased so that both Parcels conform to the requirements of all applicable City of Minneapolis subdivision and building regulations and requirements. 3 Maintenance and Repair. 3.1 Maintenance of Improvements. Each Party shall, at its sole cost, take good care of the improvements on its Parcel and at all times keep the same in good order and condition, ordinary wear and tear excepted, make all necessary repairs thereto, interior and exterior, structural or non-structural, and keep the same in compliance with all typical insurance requirements and all applicable legal requirements. Specifically, but without limitation, each Party will keep and maintain the lawn and other plantings on their Parcel mowed and in a healthy condition. 3.2 Maintenance of and Repairs to Roof, Exterior and Structure of Building. Each Party must cooperate with the other Party in connection with any routine maintenance and repairs necessary to the roof and the exterior of the Building, and with respect to any structural portion of either Building, or to the backyard fence approximately located on the boundary line between the two Parcels. In the event a Party believes that such a repair is necessary, such Party will notify the other and the two Party’s will act in good faith to obtain bids from qualified professional contractors for the repairs. All materials used for all repairs and maintenance will be consistent with the materials used in the original construction of the Building, except to the extent each Parcel owner provides prior written consent to the use of other materials, which consent will be at each owner’s sole and arbitrary discretion. No matter what portion of the roof, exterior or structure is damaged, the Parties will share equally in the cost of the repair, unless (a) the act or negligence of one Party directly caused such damage, in which event the Party directly causing the damage shall pay for the cost of the repair or (b) the repair is to only a portion of the exterior of a Building not near or affecting the portion of the Building on the other Parcel, in which event the Party owning such exterior portion shall pay for the cost of the maintenance or repair. All roof and exterior maintenance and repairs will be conducted so as to provide a good quality aesthetic appearance of each Building as, respectively, one unified Building (whether the residential Building or the garage Building), which may mean that a repair of one portion of a Building may also need to be performed on another portion of the Building in order to maintain such aesthetic. To the extent available, insurance claims and resulting proceeds will be used to defray the cost of any repairs. All repairs shall be (i) equal in quality and class to the original work, (ii) effected with all due diligence and in a workmanlike manner, and (iv) promptly and fully paid for as provided herein. If a Party disapproves of the proposed budget or need for a repair, it shall notify the other Party stating the specific items, amounts or DRAFT152 #10640024v1 4 basis for disapproval. If the Parties cannot quickly reach agreement, either Party may submit the matter to binding arbitration or to a qualified professional mediator to resolve the disagreement. A Party may immediately undertake any repairs that are necessary in an emergency to preserve the roof or structure of a Building or to avoid injury to persons or personal property. 4 Taxes and Assessments. Each Party shall pay, or cause to be paid prior to delinquency, all taxes and assessments with respect to its Parcel. 5 Insurance. The Parties agree to continuously maintain property insurance with “all-risk” coverage for the full replacement cost of the Building, as well as casualty insurance for their respective personal property. If necessary, the Parties will purchase one or more insurance policies for the Building and share equally in the cost of such policy(ies). The proceeds of any insurance carried pursuant must first be applied to repair and reconstruction. Each Party hereby releases each other from any liability for any loss or damage to all property of such releasing Party within the Property, which loss or damage is of the type covered by the insurance required to be maintained hereunder, regardless either of any negligence on the part of the released Party that may have contributed to or caused such loss, or of the amount of such insurance required or actually carried, including any deductible. In the event a Party refuses or otherwise does not purchase or contribute to an insurance policy, then upon ten (10) days’ written notice the other Party may obtain such insurance policy(ies) and pay the cost thereof, and the Party so exercising such right shall have the right to place a lien on the non-paying/non-performing Party equal to the cost incurred by the Party in obtaining such insurance equal to the amount attributable to the non-paying/non-performing Party’s Parcel. Such lien may be foreclosed in accordance with Minnesota law. 6 Miscellaneous. 6.1 Relationship of Parties. No provision of this Declaration and no action taken pursuant hereto shall create any relationship between the Parties other than as specifically set forth herein. 6.2 Headings; Interpretation. The language in this Declaration shall be construed simply according to its generally understood meaning, and not strictly for or against any Party. The headings to the Sections of this Declaration are incorporated for convenience only and shall have no effect upon the construction or interpretation of this Declaration. 6.3 Amendment or Modification. This Declaration and any of the rights, licenses and easements created hereby may be terminated or amended by an instrument duly executed the Party for each Parcel and the holder of any mortgage on the fee title of each, and all such parties shall be bound by any amendment duly adopted hereunder provided that said amendment is duly recorded with the Hennepin County real estate records. 6.4 Law Applicable. This Declaration shall be governed by and construed under the laws of Minnesota. 6.5 Merger Not Intended. Common ownership of the Parcels shall not cause this Declaration to be extinguished by operation of merger in whole or in part unless and until the two Parcels are combined to make a single parcel. DRAFT153 #10640024v1 5 6.6 Run With the Land Declarant does hereby declare that both of the Parcels are, and shall be, held, transferred, sold, conveyed and occupied subject to the restrictions and covenants of this Declaration, which restrictions and covenants (a) are for the purpose of protecting the value, desirability and amenities of the Property; and (b) shall operate as equitable covenants, restrictions and reservations, that shall run with each Parcel and be binding on all parties having any right, title or interest in the same, their heirs, personal representatives, successors and assigns, and shall inure to the benefit of each of such other parties’ heirs, personal representatives, successors and assigns; and (c) are imposed upon each Parcel, respectively, as a servitude in favor of the other Parcels. 6.7 Severability. If any term of this Declaration or any application thereof shall be invalid or unenforceable, then the remainder of this Declaration and any other application of such term shall not be affected thereby. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be duly executed in her/his name and behalf on, or as of, the date first above written. MAGNOLIA HOMES, LLC, a Minnesota limited liability company, Declarant By _____________________________ J. Alex Frank, its Managing Member STATE OF MINNESOTA ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ___ day of _________, 2024, by J. Alex Frank, the Managing Member of Magnolia Homes, LLC, a Minnesota limited liability company. a person known to me who acknowledged signing this instrument knowingly and willingly on behalf of the company. SEAL _______________________________ Notary Public My commission expires: _____________________ DRAFT154 #10640024v1 6 CONSENT AND SUBORDINATION As the holder of that certain mortgage, ___________________________, a ______________________, hereby consents to the foregoing Declaration of Easements and Covenants by Magnolia Home, LLC, dated __________ ___, 2025, and hereby subordinates and subjects such mortgage, the indebtedness secured thereby, and each and every document and agreement executed in connection with such mortgage or securing such indebtedness to such Declaration. __________________________________ By Name Its STATE OF ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of _________, 2007, by ___________________________, the _________________________, of ___________________________, a ______________ corporation, on behalf of the corporation. Notary Public DRAFT155 #10640024v1 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Lot x, Block xx, xxxx ADDITION, Hennepin County, Minnesota DRAFT156 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 6, 2025 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 157 Review of Council CalendarEventEvent TimeLocationMAYTuesday, May 13HRA Work Session (if necessary)6:30 PMCouncil Conference RoomCouncil Work Session6:30 PMCouncil Conference RoomThursday, May 15Building An Equitable Golden Valley Community Forum: "Missing FromFire Trail Road"5:30 PM - 7:00 PMBreck School, 123 Ottawa Ave NTuesday, May 20City Council Meeting6:30 PMCouncil ChambersMonday, May 26City Offices Closed for Observance of Memorial DayJUNEWednesday, June 4HRA Meeting (if necessary)6:30 PMCouncil ChambersCity Council Meeting6:30 PMCouncil ChambersTuesday, June 10HRA Work Session (if necessary)6:30 PMCouncil Conference RoomCouncil Work Session6:30 PMCouncil Conference RoomSunday, June 15Market in the Valley - Opening Day9:00 AM - 1:00 PMCity Hall CampusTuesday, June 17City Council Meeting6:30 PMCouncil ChambersWednesday, June 18Public Safety Open House5:00 PMPublic Safety Building7700 Golden Valley RdThursday, June 19City Offices Closed for Observance of Juneteenth158